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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875


Item 165 of 1380
Journals of the Continental Congress --TUESDAY, AUGUST 27, 1782
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Journals of the Continental Congress, 1774-1789
TUESDAY, AUGUST 27, 1782

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On the report of a committee, consisting of Mr. [Ezekiel] Cornell, Mr. [Joseph] Montgomery and Mr. [Thomas] McKean, to whom was referred a letter of 11 July from the governor of Virginia to the delegates of that State:

That in their opinion it is unnecessary to continue a Garrison in either of the Towns of York or Gloucester in the State of Virginia, especially at a time when money cannot be obtained to pay for service that is indispensably necessary, and thereupon they submit the following Resolutions.--

Resolved, That the Executive Council of the State of Virginia be informed, that it is inexpedient to continue a garrison at either of the towns of York or Gloucester at the expence of the United States.

Resolved, That the said Council Executive be requested to transmit to the Superintendant of finance, a full state of facts relating to the expence that has already arisen respecting the aforesaid garrisons, with the accounts and vouchers, that such order may be taken thereon as shall appear just.2

[Note 2: 2 This report, in the writing of Ezekiel Cornell, is in the Papers of the Continental Congress, No. 20, II, folio 273.]


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The Committee consisting of Mr. [James] Duane, Mr. [David] Howell and Mr. [Ralph] Izard to whom was referred the report of the Agent of Marine respecting a demand of Francis Maxwell beg leave to submit the following report.

That it appears to your Committee that the Passengers on board the Symetry Transport a flag Ship commanded by Francis Maxwell and who had been prisoners of war in England were supplied with the same allowance of Provisions as is given to British Soldiers according to the rules established at the British victualling office from the 23d day of June when they embarked to the 2d day of July last. That on the last mentioned day the said passengers in a body two hundred and seventeen in number made a demand of the said Captain Maxwell for more provisions than the stated allowance declaring that if he did not comply they would take it by force. That Captain Maxwell thereupon issued to the said passengers additional quantities of provisions beyond what he could justify by the rules of the British victualling office a copy of which was given for his direction and produced to your Committee; and that those additional allowances were continued until the arrival of the said Flag Ship at this port, and constitutes the charge for which the said Maxwell now solicits payment from the United States.

Upon this state of facts your Committee are of opinion that the honor of the United States requires that payment be made for the said additional allowance upon proof and settlement of the account, such allowance having been issued by the said Maxwell contrary to his instructions and only in compliance with a demand which he could not oppose.--

Your Committee therefore submit the following resolution.--

Resolved, That the Superintendant of Finance be directed to take order for liquidating and paying the demand of the said Francis Maxwell as explained in the preceding state of Facts.1

[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 19, IV, folio 363. It was on a letter of August 23 from the Agent of Marine and was according to the indorsement, recommitted on this day.]

The Committee of the Week, [Mr. John Taylor Gilman, Mr. Abraham Clark, Mr. Benjamin Huntington] report,

That the memorial and petition of a number of inhabitants and adventurers on that tract or territory of land on the western waters emptying into the Ohio River commonly called and known by the name of Kentucky settlement, be read in Congress and filed in the office of the Secretary of Congress.


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That the petition of officers in the Staff Department in the State of New York, lie on the table.1

[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 32, folio 389. The indorsement indicates that it was acted on this day.]

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