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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, MAY 9, 1778
A letter, of the 8, from the Board of War, was read:
Ordered, That it be referred to the Board of Treasury.
The Committee on the Treasury brought in a report; Whereupon,
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Ordered, That 200 dollars be paid to Charles Cist and James Claypoole, towards defraying their expences on their employment by the treasurer in superintending the making of paper for loan office certificates and bills of exchange; they to be accountable.
Ordered, That 20,000 dollars be advanced to the Marine Committee, for the use of the navy board in the middle district; the said Committee to be accountable.
That 24,000 dollars be advanced to the Committee of Commerce, to be by them paid to Mons. de Francey, for the use of the house of Messrs. Roderique Hortales & Co. and to be charged them by the said Committee of Commerce, who are to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 277.]
Resolved, That a member be elected for the navy board in the middle district, in the room of John Nixon, Esqr. resigned; the ballots being taken, William Smith, Esqr. of Baltimore, was elected.
The Marine Committee, to whom the letter from Baron Steuben, recommending Captain Landais was referred, report, "That they have had a conference with Captain Landais; that he produced brevet commissions of his being a lieutenant and captain in the navy of France, also a continental commission dated 1 March, 1777, appointing him captain of the ship Heureux, or Flamand, which commission is accompanied with these words in a letter from Silas Deane, Esqr.: "I give you a commission to use in case of necessity or the advantage of making a prize; but you are not to go out of your course for that purpose; you will keep an account of your expences, which will be paid you on your arrival in America. I shall write to the Congress by other conveyances, and assure them that you have received nothing but your expence, and your generous
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confidence in them will not pass unnoticed." That Mr. Deane, in letters to the Marine Committee, recommends Mr. Landais in the strongest terms; that it appears to the committee that Captain Landais hath performed the business he was employed on with zeal and activity; that by his spirited behaviour a mutiny was quelled on board the ship Flamand, and she and her lading brought safely into port; Whereupon,
Resolved, That a sum of money be paid to Captain Landais, and that the Marine Committee be directed to report a pecuniary consideration, adequate to his services.
Resolved, That Captain Landais be continued as a captain in the navy of the United States.
Whereas there are more captains in the navy than there are ships provided for them:
Ordered, That the Committee for Foreign Affairs be directed to write to the commissioners of the United States at foreign courts, and inform them, that Congress expect they will not recommend any foreign sea officers, nor give any of them the least expectation of being employed as captains in the navy of the United States.
Congress resumed the consideration of the report of the committee of the whole, on a provision to be made for officers after the war, and some time being spent thereon, the farther consideration thereof was postponed to Monday next.
Ordered, That on Saturday next Congress take into consideration the articles of confederation, and that on or before Wednesday next, the delegates of the several states lay on the table for the perusal of the members, any objections made or amendments proposed to the confederacy by their states.
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A PROCLAMATION
Whereas Congress have received information and complaints, "that violences have been done by American armed vessels to neutral nations, in seizing ships belonging to their subjects and under their colours, and in making captures of those of the enemy whilst under the protection of neutral coasts, contrary to the usage and custom of nations:" to the end, that such unjustifiable and piratical acts, which reflect dishonour upon the national character of these states, may be in future effectually prevented, the said Congress hath thought proper to direct, enjoin and command, and they do hereby direct, enjoin and command, all captains, commanders and other officers and seamen belonging to any American armed vessels, to govern themselves strictly in all things agreeably to the tenor of their commissions, and the instructions and resolutions of Congress; particularly that they pay a sacred regard to the rights of neutral powers and the usage and custom of civilized nations, and on no pretence whatever presume to take or seize any ships or vessels belonging to the subjects of princes or powers in alliance with these United States, except they are employed in carrying contraband goods or soldiers to our enemies, and in such case that they conform to the stipulations contained in treaties subsisting between such princes or powers and these states; and that they do not capture, seize or plunder any ships or vessels of our enemies, being under the protection of neutral coasts, nations or princes, under the penalty of being condignly punished therefor, and also of being bound to make satisfaction for all matters of damage and the interest thereof by reparation, under the pain and obligation of their persons and goods. And further, the said Congress doth hereby resolve and declare, that persons wilfully offending in any of the foregoing instances, if taken by any foreign powers in consequence thereof, will not be considered as having a right to claim protection from these states, but shall suffer such punishment as by the usage and custom of nations may be inflicted upon such offenders.
Given in Congress at York, in the State of Pensylvania, this ninth day of May, Anno Domini 1778.1
[Note 1: 1 This proclamation, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 24, folio 435.]
Adjourned to 10 o'Clock on Monday.
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