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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, AUGUST 1, 1778
A letter, of 22 July, from General Armstrong, was read:
Ordered, That it be referred to the Board of War.
Two letters from General Washington, one dated June 18th, and the other 25 July, with a copy of general orders of 15 June respecting the office of inspector general, were read:1
[Note 1: 1 The letter of Armstrong is in the Papers of the Continental Congress, No. 162, folio 270; Washington's of the 18th is in No. 152, VI, folio 109, and that of the 25th, on folio 175. The latter is printed in Writings of Washington, (Ford), VII, 124.]
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [Joseph] Reed, Mr. [Elias] Boudinot, and Mr. [Samuel] Chase.
A letter, of 31 July, from the Board of War, was read, representing that, pursuant to the orders of Congress, Cornelius Sweers has been secured in such manner as the Board deemed sufficient, while it remained in a degree doubtful, whether or not he had been guilty of frauds against the states; that the matter being now reduced to a certainty, and the sums deficient amounting to many thousand pounds, the Board are uneasy at his remaining guarded only by centries, and those of raw troops:2 Where upon,
[Note 2: 2 This letter, prepared by Timothy Pickering, is in the Papers of the Continental Congress, No. 147, II, folio 155.]
Ordered, That Cornelius Sweers, deputy commissary general of military stores, now in custody by order of this house, be immediately closely confined in the public gaol within this city, and that he be charged with malconduct in his said office generally, and particularly with the crime of forgery.
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Ordered, that the executive council of the State of Pensylvania be requested to direct the keepers of their gaol to receive into custody, and safely keep, the said Cornelius Sweers.
Ordered, That the letter from the Board of War be referred to the committee on the deposition of Thomas Clifton, and that the committee be directed to report on the mode of trying Cornelius Sweers and bringing him to justice.
Resolved, That a committee of three be appointed to consider of and report to Congress such recommendations to the legislatures of the several states for the enacting of laws, calculated to enable Congress, as the superintending executive of the United States, to proceed in civil and criminal cases as the nature of such government may require:
The members chosen, Mr. [Joseph] Reed, Mr. [Francis] Dana, and Mr. [William Henry] Drayton.
A letter, of 28 July, from the Board of War, was laid before Congress, together with an invoice of goods bought of Peter Whitesides & Co.
Ordered, That the same be referred to the Board of Treasury.
The Marine Committee brought in a report, which was read, and after debate,
Resolved, That it be re-committed.
The Committee of Commerce, to whom was referred the letter of 15 July, from Mons. de Francey, brought in a report, which was taken into consideration: Whereupon,
The Commercial Committee having taken into their consideration a letter from Monsieur de Francey, dated Williamsburgh 15th. July, 1778, and in consequence thereof examined into the circumstances of the several Cargoes of Tobacco mentioned in said Letter beg leave to report,
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That Mr. R. Morris wrote a Letter to this Committee, dated Manheim, the 24th. January, 1778, enclosing a Copy of a Letter from Mr John Ross to him, dated Passy, 7th October, 1777, advising that the Honorable Commissioners at the Court of France had advanced him 450,000 Livres Tournois towards enabling him to make good his payments and engagement for Goods he had purchased on account of the United States in conformity with instructions given him by the Secret Committee, and that he had engaged to repay the Commissioners when enabled to do it by remittances from America. Mr. Morris conceiving it of importance that Mr. Ross should be enabled to return the Monies thus advanced to him, proposed to the Committee that some cargoes of Tobacco laden on Continental Account, and then lying in Maryland and Virginia, might be consigned to the said Mr. John Ross for that purpose, as well as to reimburse him of his own advances, and the Committee concurring in this opinion authorized and empowered Mr. Morris by their Letter of the 30th. January last to direct such consignments. In conformity thereto, he immediately wrote to the Agents who had the care of the following Vessels and cargoes directing them to the Address of Mr. Ross viz:
These assignments were made to the consignation of Mr. Ross before Monsieur de Francy appeared at Congress, which did not happen until the middle of February last; consequently cannot in any shape be construed or deemed as a breach of the contract afterwards made with him.
Your Committee find that Mr. John Ross has, in conformity with the instructions he received from the Secret Committee, purchased and shipped goods for the public Account to the Amount of £50,000 Sterling, of which the whole or nearly the whole are safely landed in America, and that he has received towards the Cost of these goods 450,000 livres from the Commissioners, equal to about £20,000 Sterling, and part of the neat proceeds resulting from sundry cargoes of produce and bills of exchange purchased with 90 M Continental dollars, equal to £33,750
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Pennsylvania Currency remitted to him, which we cannot reasonably expect to realize above £15,000 Stg. Consequently a balance of £15,000 Sterling remains due to him, besides the advances he has made for the cost of the ship Queen of France and her Outfit, by order of the Commissioners. These Debts being contracted, recognized and the consignments of the four cargoes of tobacco ordered previous to the contract with Mr. De Francy, Your Committee are of opinion said Cargoes ought to go forward to address of Mr. John Ross agreeable to the instructions given by Mr. R. Morris.
Ordered, That the cargoes of the snow Speedwell, of the brigs Braxton, Governor Johnston and Morris, now ready to sail from America for France, be consigned to the commissioners of Congress at Paris, who are directed to settle the accounts of Mr. John Ross with Congress, and to pay him the balance thereof out of the proceeds of the said cargoes; and the residue, if any, to the house of Hortalez & Co. as they judge proper.1
[Note 1: 1 This paragraph, which did not form part of the original report, is in the writing of Francis Dana, and is in the Papers of the Continental Congress, No. 31, folio 183 ½.]
Ordered, That the ship Virginia, now laying laden with a cargo of tobacco on public account in Virginia, be consigned to Messrs. Roderique Hortalez & Co.,
in Conformity with the Contract made with Mr. De Francey, and that such other Consignments and Remittances should be made to Messrs. Roderique Hortalez & Co., as can with convenience and propriety be accomplished, and that Mr. De Francey should be informed thereof, with an explanation of the circumstances set forth in this Report.2
[Note 2: 2 This report, in the writing of--, is on folio 181. On folio 235 is the following, without date: "The Commercial Committee beg leave to Report that a warrant issue on the Treasurer in their favor for Three thousand three hundred and Thirty-three dollars, and one-third of a dollar, to be sent to Carter Braxton, Esq., for the purpose of fitting out the ship Virginia for the sea."]
Adjourned to 9 o'Clock on Monday.
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