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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 --THURSDAY, MAY 1, 1777
A letter, of 21 of last month, from Ephraim Blaine, Esqr. was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 165, folio 287.]
Ordered, That the same be referred to the Board of War.
An appeal from the judgment of a court of admiralty, held at Newbern, for the port of Beaufort, in the State of North Carolina, on the libel "James Coor, &c. vs. the brigantine Hanover, &c." being lodged with the secretary, was referred to the standing committee on appeals.
Resolved, That fifty blank commissions for private ships of war, with an equal number of instructions and resolutions of Congress for taking or destroying the vessels of the subjects of Great Britain, be delivered to the committee for foreign affairs, to be by them transmitted to the commissioners at the court of France.
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Ordered, That the committee for foreign affairs revise the commissions for private ships of war, and the instruction heretofore given to the commanders of the said ships, and report such alterations and amendments as they judge proper to be made therein.
Resolved, That a commission be made out and sent to Arthur Lee, Esqr. impowering him in behalf of the United States to transact such business at the court of Spain as shall be intrusted to him by Congress, agreeable to the instructions that may be given him, and transmitted by the committee for foreign affairs.
Resolved, That a committee of three be appointed to inquire into the laws and customs of Nations respecting neutrality, and to report their opinion whether the conduct of the King of Portugal, in forbidding the vessels of the United States to enter his ports and ordering those already there to depart at a short day, is not a breach of the laws of neutrality, and will justify acts of hostility against the subjects of the said King.
The members chosen Mr [James] Wilson, Mr J[ohn] Adams, and Mr. R[ichard] H[enry] Lee.
Resolved, That Tuesday next be assigned for appointing commissioners for the courts of Vienna, Berlin, and Tuscany.
Congress took into consideration the letter of the 26 of last month from Governor Johnson, the copy of the said governor's letter to Captain James Nicholson, and Captain Nicholson's answer; Whereupon,
Resolved, That this Congress will never countenance or support any continental officer in violating the laws of any State or treating its magistrates with contempt:
That Captain James Nicholson be suspended from all command, in the service of the United States, until he shall have made such satisfaction, as shall be accepted by
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the executive powers of the State of Maryland, for the disrespectful and contemptuous letter written by him to the governor of that State.
Resolved, That Captain James Nicholson be served with a copy of the said resolutions, and that, in case he shall not, within five days after he has been served with the said copy, make the satisfaction required, he be dismissed from his command and from the service of the United States.
Ordered, That the foregoing resolutions be immediately transmitted by the Marine Committee, and that they give the necessary orders for immediately dismissing the men impressed by Captain Nicholson.
A letter, of the 30, from General Washington, with sundry papers enclosed, respecting the enemy's expedition to Danbury, was read:1
[Note 1: 1 This letter and inclosures are in the Papers of the Continental Congress, No. 152, IV, folios 121--145.]
Ordered, That the same, together with the letters received yesterday on the same subject, be referred to the Committee of Intelligence, who are directed to publish such extracts from them as they judge proper.
Congress being informed, that Governor Johnson has, in pursuance of the resolution of Congress, of April 19, for the purposes therein expressed, detained Colonel Richardson's batallion, two companies of which are now in Philadelphia on their way to General Washington:
Resolved, That the said companies proceed to the army, and that Governor Johnson be empowered to replace them, by detaining two companies of the weakest maryland batallion remaining in that State.
A petition from Patrick Colvin, was read:
Ordered, That the same be referred to the Board of Treasury.
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Resolved, That an order for 22,000 dollars be drawn on Joseph Borden, Esqr. the commissioner of the loan office for the State of New Jersey, in favour of William Palfrey, Esqr. pay master general, for which he is to be accountable.
The Committee of Treasury reported,
That there is due to Joseph Ward, Esqr. for his services as secretary to Major General Ward, while he had the command in Massachusetts bay, as follows: from the 20 April, 1775, to the 2 July following, 73 days; and from the 30 March, 1776, to the 26 September following, 180 days, in the whole making 253 days, at the rate of 33 dollars per month, is 274 24/90 dollars:
That there is due to David Kerr, late a prisoner of Colonel Montgomery's batallion of the flying camp, for his pay from the time he was taken prisoner till his return, one month and 20 days, 12 dollars:
That there is due to Andrew Elder, late a corporal in the above batallion, for his pay while a prisoner, and which is claimed by his father, one month and 23 days, 12 86/90 dollars:
That there is due to Colonel Henry Haller, for the ballance of the pay roll of his batallion of Pensylvania forces of the flying camp, the sum of £1,380 18 0½; the whole account being £6,715 8 10 ½; of which he has received of the following persons, who are to be credited for the same:
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That there is due to sundry soldiers of the said batallion who were taken prisoners, and have since returned, and which is to be paid to the said H. Haller, the sum of £683 13 10, ∥equal to 1,823 16 dollars,∥ both sums making £2,064 11 10 ½ equal to 5,505 52/90 dollars.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 143.]
Ordered, That the said sums be paid.
Ordered, That Mr. [Nathan] Brownson have leave of that house to return to Georgia absence.
Ordered, That Mr.[Matthew] Thornton have the leave of this house to return to New Hampshire.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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