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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, OCTOBER 23, 1777
Prayers.
Ordered, That Dr. John Linn, appointed a director of the hospital in the district of Quebec, as appears by Brigadier General Wooster's orders, dated Albany, September 30, 1776, be referred for the settlement of his accounts, to the Board of Treasury.
Congress took into consideration a report of the Marine Committee of the 10 July last; Whereupon,
Resolved, That the Navy Board for the eastern department be empowered to suspend any commander or other officer in the continental navy within their district, until the pleasure of Congress shall be known, giving immediate notice thereof to the Marine Committee, with the causes of such suspension.
The Committee of Commerce, to whom the petition and memorial of Cumberland Dugan was referred, brought in a report; Whereupon,
Resolved, That the president issue his warrant for five thousand dollars on the treasurer, in favour of the Committee of Commerce, to enable them to settle the claims of Cumberland Dugan, specified in his petition and memorial referred to them; they to be accountable.
Congress resumed consideration of the Articles of Confederation, as reported by the committee of the whole.
The sixth article was read; whereupon it was moved to strike out the word "hereafter," in the second line, and to add to the article ∥paragraph under debate on Tuesday, these words,∥ "in pursuance of any treaties already proposed by Congress to the courts of France and Spain;" and, the question being put, the same was agreed to.
On the question put, the 6th article as amended passed.
The seventh article was read, and on the question put,
Resolved, in the affirmative, N. C. D.
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The eighth article being read, and the question put,
Resolved in the affirmative, N. C. D.
The last sentence in the 9 article being read, and the question put,
Resolved in the affirmative, N. C. D.
The Tenth article being read and the question put,
Resolved in the affirmative, N. C. D.
The eleventh article was read, whereupon it was moved, after the word "reprisal" in the 8th line, to insert "Unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion and kept so long as the danger shall continue or till the united states in Congress assembled shall determine otherwise." And the question being put, the same was agreed to.
The question being then put on the 11th article, as amended,
Resolved in the affirmative.
The 14 article was read, and debated by paragraphs, and the question being put severally thereon, the 1, 2, 3, 4 & 5 paragraphs were agreed to. It was then moved after the word "captures" at the end of the 11th line, to insert "provided that no member of Congress shall be appointed a judge of any of the said courts. The united States in Congress assembled shall also have the sole and exclusive right and power of." And the question being put,
Resolved in the affirmative.
The 6 and 7 paragraphs as amended were agreed to.
It was moved, after the word, "alliances," in the 13 line, to insert, "provided, that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever:"
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∥After debate, the farther consideration thereof was postponed to the afternoon. ∥
Adjourned to 4 o'Clock.
Four O'Clock, p. m.
The Committee on the Treasury brought in a report, which was taken into consideration: Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Mrs. Fullerton for 160 dollars, being for the payment of her husband Humphrey Fullerton, his draught, dated Long Island, 1st May last, on the pay master of the flying camp, for sixty pounds, on account of his pay as surgeon to Colonel Swoop's Pensylvania batallion of the flying camp, he being taken prisoner at Fort Washington, and yet remaining so; he to be accountable.
Congress resumed the consideration of the amendment on the paragraph in the article of confederation, under consideration ∥ this morning, ∥ and after debate the motion was divided, and the yeas and nays being required on the first part, ∥ as far as the disjunctive "or;" ∥
{table}
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So it was resolved in the affirmative.
The question was then put on the second part of the motion, and the same was agreed to. The question being put on the paragraph with the amendment,
Resolved, in the affirmative.1
[Note 1: 1 A copy of these proceedings on the Confederation, in the writing of Belcher P. Smith, is in the Papers of the Continental Congress, No. 47, folio 85.]
On motion, Resolved, That the farther consideration of the article be postponed till to morrow.
The Marine Committee brought in a report, which was taken into consideration: Whereupon,
Ordered, That the president issue his draft on Nathaniel Appleton, Esqr. continental loan officer in the State of Massachusetts bay, for fifty thousand dollars, in favour of the Navy Board for the eastern department, for the service of the navy under their direction; they to be accountable:
Ordered, That the president issue his draft on Joseph Clark, Esqr. commissioner of the continental loan office, in the State of Rhode Island, for fifty thousand dollars, in favour of the navy board for the eastern department, for the service of the navy under their direction; they to be accountable:
Ordered, That the president issue his draft on Nathaniel Appleton, Esqr. commissioner of the loan office in the State of Massachusetts bay, for 3,180½ dollars in favour of Isaac Smith, Ebezener Storer, and William Phillips, Esqrs. agents appointed by the Marine Committee, for settling the accounts of the prizes taken by the vessels fitted out by order of General Washington, to pay off a balance of £954 2 10 lawful money which the said agents certify to be due to Captain Winthrop Sargent on his account.
Resolved, That any two being a majority of the navy board for the eastern department, in the absence of the other, be, and they are hereby empowered, to do and
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transact all and every matter and thing, which, by the constitution of the said board, all the members jointly were empowered to do.
Resolved, That the clerk of the navy board for the eastern department, instead of the salary heretofore ordered, be allowed fifty-five dollars per month, and that the said navy board be, and they are hereby empowered, to appoint one other clerk, if they shall judge it absolutely necessary, and to allow him such salary as they shall judge adequate to his services, not exceeding the sum of fifty-five dollars per month.
∥The several matters to this day referred being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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