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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, APRIL 13, 1776
Resolved, That an order be drawn on the treasurers for 20,000 dollars in favour of James Mease, commissary, for the use of the Pensylvania batallions, he to be accountable.
Mr. Mease having applied to Congress for advice how to conduct [himself] in paying the sixth Pensylvania batallion,
Resolved, That the queries propounded by Mr. Mease, be referred to the Committee for procuring fire arms.
The Committee of Claims reported, that there is due,
To Robert Erwin, the sum of 436 dollars, being the ballance of his account for waggon-hire.
∥Ordered, That the same be paid.∥
A petition from the committees of the townships of Wallpack, Sandystone, and Montague, in the county of Sussex, in New Jersey, was presented to Congress and read:
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Resolved, That the same be referred to the Commissioners for Indian affairs, who are members of Congress.
The committee appointed to prepare a resolution for the sale and consumption of the teas now in these colonies, brought in their report, which was read ∥and agreed to as follows:[??]
Whereas, by the third article of the association entered into by the late Continental Congress, at Philadelphia, on the 24th day of October, in the year of our Lord, 1774, it was agreed, that, from that day, the inhabitants of the United Colonies "would not purchase or use any tea imported on Account of the East India company, or any on which a duty had been or should be paid, and from and after the first day of March then next following, they would not purchase or use any East India tea whatever:" And whereas, it has been represented to this Congress, that the time, as aforesaid limited for the consumption of the tea then on hand, was too short; whereby many zealous friends to the American cause, who had imported large quantities of that commodity, with design not merely to advance their fortunes, but to counteract the plan then pursued by the ministry, and India company, to introduce and sell in these colonies tea, subject to duty, are likely to become great sufferers; the greater part of the estates of many of them being vested in that article, and they, by that means, rendered incapable not only of paying their debts and maintaining their families, but also of vigourously exerting themselves in the service of their country: And whereas, it was originally the design of Congress, that all India tea, which had been imported agreeable to the tenor of the said association, might be sold and consumed, but the time limited for that purpose proving too short;
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Resolved, That all India tea, imported as aforesaid, expressly excepting all teas imported by or on Account of the East India company, now remaining on hand in these colonies, be sold and used:
And whereas, from the future importation of tea being prohibited, some tea-holders may be tempted to avail themselves of the scarcity which will be occasioned by it, and exact exorbitant prices for an article of little real value in itself, and which owes its worth to an habit, in many respects, pernicious to the inhabitants of these colonies,
Resolved, therefore, That Bohea tea ought not to be sold by retail in the smallest quantities, at a higher price, in any colony, than at the rate of three-fourth parts of a dollar per pound; and other teas at such a price as shall be regulated by the committees of the town or county where the tea is sold; and that all persons who shall either give or take a greater price for it, ought to be considered as enemies to the American cause, and treated accordingly. And it is earnestly recommended to all committees of inspection and observation, as well to be vigilant in carrying this resolve into execution, as those which prohibit the importation of India tea from any part of the world. It being the desire of Congress to exclude all teas, except such as may make part of the cargoes of prizes taken by the ships of war or privateers belonging to these colonies.1
[Note 1: 1 "Immediately upon the receipt of your letter we applied to Congress for permission to order the East-India tea now in your stores to be sold, and to direct the produce thereof to be carried into the Colony Treasury, to be appropriated in such manner as your Assembly should judge right. in consequence of this application, a debate of some length ensued, in which the House indicated a strong inclination to lay their bands upon the profits which should arise from the sale, either for the use of the Continent at large, or to be carried into a fund to reimburse those Colonies whose property should be seized in England. There appeared neither reason nor justice in these measures, and we endeavoured to obviate the objections which were made to the application, and to answer the arguments which had been advanced against it. We observed that this property should be looked upon as belonging to the King of Great Britain, and not to the East-India Company, as the latter had been divested of it both by the seizure which the custom-house officers had made of it and by the indemnification of the Parliament; that the Congress had therefore no more right to apply this tea to the use of the Continent at large, than they had to dispose of the cannon in our forts or the Crown lands within the limits of the Colony; but that if it was the East-India Company's property, they had occasioned such an expense to the State of Carolina. as to justify them fully in the seizures; that it would be repegnant to the principles of justice to insist that this tea should be sold for tbe benefit of those whose property had been or might be seized in England, in exclusion of those whose property had been seized in America, and that it would be impracticable to bring every species of loss into one common account; that the seizure of property had been a common misfortune, of which, as well as of publickexpenses, we have had our full proportion, and that, therefore, it would be injurious to our State not to be permitted to make use of the advantage in this instance which the possession of the tea had given. It was confessed that we bad a right to sell it if we chose, and apply the profits as we pleased; but as we had asked the opinion of the House upon the subject, we should now be governed by the disposition which they should think proper to make, and that they should take time to consider of it. The Delegates being by this time fully convinced that there were many in the House who wished to dispose of it in a manner injurious to the interest and the right of our State, agreed to withdraw the motion, for which they obtained the leave of Congress; and we now, with one voicc, advise you to recommend to your Assembly immediately to sell the same and apply the profits thereof to Colonial purposes. Indeed, we were not a little surprised at your requesting us to lay, the same before Congress, and we hope that you will determine for yourselves in future in all cases where the concern is of a Provincial and not of a Continental nature."The Delegates of the State of South Carolina in Congress to John Rutledge, 25 July 1776. Force,American Archives, Fifth Series, III, 16.]
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Ordered, That the above be published.1
[Note 1: 1 Printed in thePennsylvania Gasette, 17 April, 1776.]
Resolved, That the Secret Committee be directed to deliver to Lieutenant Colonel Hartley one quarter cask of powder, to repay so much by him borrowed for the use of the continent.
The committee appointed to prepare a letter to the committee of safety of New Jersey, brought in a draught, which being read, was agreed to:
Ordered, That the same be transcribed, signed by the president, and transmitted.
The committee appointed to consider the representation and queries of Mr. J[ames] Mease, respecting the sixth
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battalion of troops commanded by Colonel Irvine, brought in their report, which was read: Whereupon,
Resolved, That the certificates of magistrates, or other respectable inhabitants of the county of Cumberland, who have inspected and examined the companies of the said battalion, shall, in this instance, justify the pay master in paying such companies, agreeable to the said certificates, the muster master being absent:
That the supernumerary privates that have been inlisted, and are armed and cloathed, be continued and paid:
That the officers in said batallion be paid for their subsistence since the recruiting service has been over, at the rates used in other batallions:
That the claim of the ensign in Captain Wilson's company to pay and subsistence from the time of his entering into actual service, be allowed.
Resolved, That the Marine Committee be empowered to build two gallies, capable of carrying each two 36 or 42 pounders, to oppose the enemy's vessels in bays and harbours.
Resolved, That the Committee for casting cannon be directed to contract for the casting forty howitzers, with a sufficient quantity of shells.
The committee appointed to take into consideration the application of Mr. James Hughes, late town major of Montreal, and one of the prisoners of the thirteen United Colonies, brought in their report, wherein they represent,
"That it appears to them that Mrs. Hughes, the wife of the said James Hughes, on or about the 5th of February last, bargained with a certain Jabez West, for divers goods and merchandise, in her possession, at Montreal, for which the said West, (as said J. Hughes alledges,) agreed to pay £905 11 9¾, sterling money of Great Britain,
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and £151 1 9, Hallifax currency, in gold and silver, to said Hughes, within eighteen days from that time; upon which payment being made, the goods were to be delivered at Albany, to the said West, by a certain Mr. John Stevenson, of Albany, to whom they were to be sent at the expence of said West: That the said West paid to the said Hughes 240 dollars, in part; but it was, as said Hughes alledges, agreed, that if the residue of the money was not paid within the time limited, then the 240 dollars were to be forfeited, and the goods not to be delivered; that the goods arrived at Albany, and were in the possession of Mr. Stevenson, who, on the 11th of March last, by some means or other, was induced to deliver the goods to West, though he paid no money; that the said West gave a bond to said Stevenson, payable to said Hughes, for £1609 18 8, continental currency, on the 9th of April, instant, without any authority from said Hughes, as he alledges; that the said West proceeded with the goods, immediately on the receipt of them, to some of the eastern colonies, and, it is apprehended, to Connecticut. Upon the whole, the committee are of opinion, that the said Hughes may probably lose his debt from West, without the interposition of Congress, or their permission to him to go in pursuit of the said West:" Whereupon,
Resolved, That Governor Trumbull, of the colony of Connecticut, be desired to direct the most effectual method, according to law, to be taken, for securing the person of Jabez West, or his effects, to the value of the debt due to James Hughes, if either can be found in his government; and to see that justice be done in the premises.
Adjourned to 10 o'Clock on Monday.
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