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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --SATURDAY, NOVEMBER 25, 1775
The Congress proceeded to the election of field officers for the Battalion raising in Pensylvania, when ∥the ballots being taken and examined:∥
John Bull, Esqr. was elected Colonel.
James Irvine, Esqr. lieutenant Colonel.
Anthony James Morris, Esq. Major.
Resolved, That Monday next be assigned for the appointment of an Adjutant and Quarter Master for the 2d Battalion, raised in New Jersey, and an adjutant and quarter master for the Battalion raised in Pensylvania.
Resolved, That Tuesday be assigned for the consideration of the memorials of the Teaholders ∥in New York and Philadelphia.∥
The Committee of Claims reported, that there is due to John Hinchman, for provisions furnished to several riffle Companies, the sum of £24.8.10=65.2 Dollars.
Christopher Hayne, for Kettles and canteens, furnished to Captain Stevenson and Captain Ross's companies, the sum of £13.8.4=35.8 dollars, which ought to be paid to Gibson and Aston.
Richard Bache, Deputy post master, for sundry postages, from the 14th of October, to 8th November, 1775, inclusive, of £11.13.3=31.1 dollars.
Thomas Dewees, for dieting the crew of the ship Rebecca and Frances, the sum of £16.13=44.4 dollars.
Levi Hollingsworth, for expences of himself and three others, to Ticonderoga and back again, (who took with them a sum of money for the general) [Schuyler,] the sum of £48.6.8=128 dollars.
Andrew Bunker, for Blankets and Kettles, furnished Captain Stevenson's company by Anthony Noble, £15.11.6=41.4 dollars.
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Doctor Franklin, for the expences of Mr. [Benjamin] Harrison, Mr. [Thomas] Lynch, and himself, on their journey to the camp at Cambridge, including carriage hire, &c. the sum of £218.4.0=581.9 dollars, and for other monies paid by him for the continental service, including £7.10 [=20 dollars] advanced to Christopher Madeira, and to be charged to him the sum of £27.5=72.7 dollars.
John Sterret, for goods furnished by Joseph Holmes to Captain Morgan's Company, to be charged to said company, the sum of £20.19.6=55.9 Dollars.
William West, for goods furnished by John Holmes to Captain Cluggage's company, the sum of £105,10 [=281.3 dollars,] of which sum, £13.3.6 [=35 12/90 dollars] being for blankets is to be charged to the Continent, and the remainder to Captain Cluggage's company.
Ordered, That the above accounts be paid.
The Congress resumed the report of the Committee on General Washington's letter, and the same being debated by paragraphs, was agreed to as follows:
The Committee to whom so much of the letter from General Washington to the president of the Congress dated the 8th Instant as relates to the disposal of the vessels and cargoes belonging to the enemy, which shall fall into the hands of or be taken by the inhabitants of the united colonies and so much of the report of the committee of Congress, which lately went to the Camp at Cambridge as related to that subject, were referred, have examined the matter thereof and directed the same, as it appears to them, together with the resolutions of the Committee thereupon to be reported as followeth.
Whereas, it appears to your Committee from undoubted information, that many vessels which had cleared at the respective custom houses in these colonies, agreeable to
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the regulations established by acts of the British parliament, have in a lawless manner, without even the semblance of just authority, been seized by his majesty's ships of war, and carried into the harbour of Boston and other ports, where they have been riffled of their cargoes, by orders of his majesty's naval and military officers, there commanding, without the said vessels having been proceeded against by any form of trial, and without the charge of having offended against any law.
It further appears to your Committee that orders have been issued in his majesty's name, to the commanders of his ships of war, "to proceed as in the case of actual rebellion against such of the sea port towns and places being accessible to the king's ships, in which any troops shall be raised or military works erected," under colour of which said orders, the commanders of his majesty's said ships of war, have already burned and destroyed the flourishing and populous town of Falmouth, and have fired upon and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword, a mode of warfare long exploded amongst civilized nations.
It also appears to your Committee, that the good people of these colonies, sensibly affected by the destruction of their property, and other unprovoked injuries, have at last determined to prevent as much as possible a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possible that those who have not been instrumental in the unwarrantable
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violences abovementioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures: Thereupon your Committee came to the following resolutions:
[Note 1: 1 This paragraph was modified by a resolution of December 19, 1775.]
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the captures to be made as aforesaid, and to provide that all trials in such case be had by a jury under such qualifications, as to the respective legislatures shall seem expedient.
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the vessels so employed shall be fitted out at the continental charge, then one-third shall go to the captors, and the remaining two-thirds to the use of the United Colonies; provided, nevertheless, that if the capture be a vessel of war, then the captors shall be intitled to one-half of the value, and the remainder shall go to the colony or continent as the case may be, the necessary charges of condemnation of all prizes, being deducted before any distribution made.
That the share allowed to the captors be divided among the officers and men in the following proportions, viz:
Resolved, That the committee, who brought in the foregoing report, after consulting the books, report whether any and what addition, in their opinion, may be made to the second resolution.
Resolved, That that part of General Washington's letter No 7 ∥of the 11th instant,∥ respecting the capture of a vessel by the Inhabitants of New Hampshire, be referred to the said committee, and that they report thereon to Congress.
The Congress then took into consideration the rules for the American Navy, &c., but not having time to finish them,
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Resolved, That the farther consideration thereof be postponed till Monday next.
The orders of the day being renewed,
Adjourned to ten o'Clock on Monday.1
[Note 1: 1 "I am really engaged in constant business from seven to ten in the morning in committee, from ten to four in Congress, and from six to ten again in committee. Our assembly is scarcely numerous enough for the business; everybody is engaged, all day in Congress, and all the morning and evening in committees." John Adams to Mrs. Mercy Warren, 25 November, 1775.]
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