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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 --FRIDAY, AUGUST 14, 1778


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Journals of the Continental Congress, 1774-1789
FRIDAY, AUGUST 14, 1778

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A letter, of 9, from General Washington, enclosing one of the 6th, from General Sullivan was read.

A letter, of the 1 August, from Mr. [Samuel] Huntington, one of the delegates from Connecticut, at Norwich, directed to the delegates of that State in Congress, was laid before Congress, and read, setting forth sundry evils and abuses in the hospitals in the eastern district: Whereupon,1

[Note 1: 1 The draft of Washington's letter is in the Washington Paper, A, III, 523, the letter of Sullivan is in the Papers of the Continental Congress, No. 152, VI, folio 251; that of Huntington, in No. 78, XI, folio 309.]


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Resolved, That the resolution of Congress of the 9 of June last, authorizing the deputy director general of the hospital in the eastern department, in the absence of the director general, to superintend the medical affairs of that department, be, and it is hereby repealed; and that the said hospital for the future be under the same regulations as the hospitals in the other departments.

Resolved, That the director general be directed to enquire into the state of the hospital in the eastern department, and give proper orders for the good government and economy thereof, and discharge unqualified and supernumerary officers, if any there be.

Whereas, it is of great consequence to the general weal that the enemy at New York should not be supplied with provisions, which may relieve the distress at present prevailing in their army and fleet; and for the more effectual execution of the embargo,

Resolved, That the vice president and supreme executive council of this State ∥of Pennsylvania,∥ be requested to station one of their gallies, under command of a vigilant officer, near the mouth of the Cape May channel, with orders to search all vessels that may be outward bound, either through Cape May channel or the Delaware; and if any such shall be found exporting provisions contrary to the embargo, that they be brought before government, to answer for such, their misconduct.

Resolved, That the governor of New Jersey be requested to take the most effectual measures to enforce the due observance of the embargo, as Congress consider it of the first importance to continue the distress prevailing in the enemy's fleet and army at New York for provisions; and because there is reason to apprehend that the coast trade with provisions may be productive of supply to the enemy, either through the vigilance of the cruisers, or by ill designing avaritious men.


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A petition from John Hart, in behalf of himself and others, respecting the capture of the sloop Peggy, was read:1

[Note 1: 1 This petition, dated August 12, is in the Papers of the Continental Congress, No. 42, III, folio 357.]

Ordered, That it be referred to the Committee on Appeals.

A memorial from Thomas Towson, in behalf of himself and others, was read:2

[Note 2: 2 This memorial, dated August 12, is in the Papers of the Continental Congress, No. 41, X, folio 113.]

Ordered, That it be referred to a committee of three:

The members chosen, Mr. [Samuel] Chase, Mr. [Henry] Marchant, and Mr. [John] Penn.

A petition of Patrick Colvin, at Trenton Ferry, was read:3 Whereupon,

[Note 3: 3 This petition dated July 24, is in the Papers of the Continental Congress, No. 42, II, folio 48.]

Resolved, That the quarter master general be directed, if he has any boats or flats belonging to the public at any of the ferries on the river Delaware unemployed, to lend two of them to Patrick Colvin, to be by him employed at Trenton ferry for the accommodation of the public.

A petition from William Allison, guardian of John Blakely, in behalf of the said John Blakely, was read:

On motion, that it be committed: question put, passed in the negative.

The commissioners of claims, with the approbation of the auditor general, report,

That there is due to Thomas Edison, his pay as clerk in the secretary's office, from the 12 June to the 12 of August, 1778, inclusive, one hundred and sixty dollars, and for his expences from York town to Philadelphia, sixteen dollars, making in the whole, 176 dollars:


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That there is due to the Rev. Mr. Lotbinier, as chaplain, his pay and subsistence from 11 of July to 10 August, 1778, both days included, sixty dollars:

That there is due to Colonel John Greene for the expence of keeping two horses in the fall of 1776, when he was wounded in the State of New York, and which were necessary to carry him to his place of residence in Virginia, the sum of 200 dollars:1

[Note 1: 1 This report is in the Papers of the Continental Congress. No. 136, II, folio 447.]

Ordered, That the said accounts be paid.

The Committee on the Treasury brought in a report; Whereupon,

Ordered, That a warrant issue on the treasurer in favour of Mr. J[ohn] Penn, one of the delegates of the State of North Carolina, for two thousand dollars advanced upon his application; the said State of North Carolina to be accountable.

That the following persons be nominated as signers of the Continental Bills of Credit, in addition to those already appointed: John Shee, Francis Lewis, junior.2

[Note 2: 2 This report, dated August 13, is in the Papers of the Continental Congress, No. 136, II, folio 449.]

Congress proceeded to the election of an additional number of signers of the continental bills of credit, and the ballots being taken, the following gentlemen were elected: John Shee, Francis Lewis, Jun. William Marshall, Joseph Wilson, James Royson, James Little, James Rowan, and Isaac All.

The Board of War, to whom the memorial of the hon. the Sieur Gérard, relative to Mr. William Straker's case, was referred, having made report thereon, and the same being read,

At a Board of War, August 13, 1778.

Present, Mr. Peters and Mr. Pickering.

The Board having taken into consideration the memorial of the honble the Sieur Gérard, relative to Mr. William Straker's case, and


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made inquiry into the same, beg leave to refer Congress to the inclosed state of facts signed by Mr. Straker; and to add that they have seen the article of co-partnership referred to by him between Mr. Straker and his brother in law, Mr. James Budden; that they find by Mr. Budden's information and letters, that Mr. Straker sailed for Barbadoes before the commencement of hostilities in April, 1775, and merely on the business of their co-partnership. That Mr. Straker during his absence did not draw his money on effects from hence, but on the contrary, transmitted a number of bills to his partner; and that the company have a large sum in the loan office of the United States. That Captain William Budden declares that he, during the enemy's possession of Philadelphia, wrote to Mr. Straker informing him that if he came to Philadelphia, he could easily pass from thence into the country--this also is certified jointly by him and his sister, Mrs. Wilson. That since Mr. Straker's return to Pennsylvania, he has taken the oath of allegience and fidelity to the State.

From this view of his case, the Board submit to Congress the following opinion:

That Mr. Straker, lately taken on board the ship Lord Howe, by the fleet of his most Christian Majesty, is, and ought to be considered as a subject of the State of Pennsylvania; and that the honble the Sieur Gérard, Minister of his Most Christian Majesty, be desired to release the said Mr. Straker, and cause his property to be restored to him.

Ordered, that the said report and papers referred to, relative to Mr. Straker, be referred to the government of the State of Pennsylvania, to determine whether they will consider Mr. William Straker, lately made prisoner by the Count d'Estaing's squadron, as a citizen of the State of Pennsylvania; and if the said government shall determine to consider and receive the said Mr. William Straker as a citizen of their State, that they be desired to transmit a certificate of their determination to the Sieur Gérard, minister plenipotentiary of his most Christian Majesty.

The committee to whom were referred the papers relative to Cornelius Sweets and Colonel B. Flower, brought in a report, which was read: after debate,

Ordered, That it be re-committed.


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Ordered, That three members be added to the committee:

The members chosen, Mr. [Henry] Merchant, Mr. [John] Harvie, and Mr. T[homas] Adams.

The Committee on Foreign Affairs laid before Congress sundry letters and papers which they have received from the commissioners, agents and other persons who have transacted public business in Europe.

The Committee of Congress, in conjunction with the Committee appointed by the Supreme Executive Council of the State of Pennsylvania, to ascertain the property of the goods, wares, and merchandize, in possession of the inhabitants of the city of Philadelphia, at the time it was evacuated by the enemy, viz: so far as to determine whether any, or what part thereof, may belong to the King of Great Britain, or to any of his subjects. Beg leave to report, That they find Captain Stephen Backhouse, of Liverpoole, in the Kingdom of Great Britain, came to the city of Philadelphia in December last, with a cargo of Liverpoole salt, a part of which he deposited in a store, belonging to Joseph Prichard, on the lower side of Chestnut street wharf.

That on the twenty third day of the same month the said Stephen Backhouse, in behalf of himself, and one Nicholas Asheton, of Liverpoole aforesaid, did consign the said salt to Messrs. Amos Foulke, an inhabitant of this city, and one William Backhouse, who came to this city from New York, last fall or winter, either with the enemy or some little time after. The form of the consignment is as follows, viz:

Messrs. Backhouse and Foulke.

Gentlemen, The salt in Mr. Prichards and Mr. Barges stores, belonging to me and Mr. Asheton, of Liverpoole, is 4285 bushels, which I consign to you for sales, and shall be glad you will dispose of it as soon as you can, but do not wish to have it sold for less than one dollar per bushel, but hope it will sell for more; and as you sell the salt, you will please to remit, in good bills, to Nicholas Asheton, Esqr., of Liverpoole.

I am Gentlemen, your humble servant

Stephen Backhouse.

That the Keys of the store were, at the time of the consignment, delivered by the said Stephen Backhouse to the said Amos Foulke and Wm. Backhouse. That soon after the said Stephen Backhouse went


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to New York, that the said Amos Foulke, paid rent for the store during several months. That the said Amos Foulke, one of the consignees of said salt, and Alexander Wilcocks, an inhabitant of this city, do both of them alledge and declare, that after several conversations had by, and between the said Alexander Wilcocks, and the said Amos Foulke, about the purchase of said salt, the said Alexander Wilcocks for himself, and John Wilcocks and William McMurtrie, on the seventeenth day of June last, being the day before the enemy evacuated the city, did purchase 3,500 bushels of Liverpoole salt, then laying in the said Prichards store, at 7s. 6d., Pennsylvania currency, per bushel, which quantity of salt was Supposed to be all the salt then remaining in the said Prichards store, of the said salt, imported from Liverpoole as aforesaid, and deposited there.

That a bill of Parcells for the same salt was, on the same day, made and given by the said Amos Foulke to the said Alexander Wilcocks, &c. And the said Amos Foulke further alledges that he made an entry of the sale on the same day in his books. And the said Amos Foulke and Alexander Wilcocks, both alledge that the Key of the said store was delivered to the said Alexander Wilcocks on the same day, by the said Amos Foulke, and they both agree that no part of the purchase money hath yet been paid.

But whether under the aforerecited circumstances, the said salt ought now to be considered as the property of British subjects, the said Committee beg leave to submit to Congress.

Your Committee also beg leave further to sit upon the business committed to them.1

[Note 1: 1 From Pennsylvania Archives, VI, 703. It is endorsed: 1778, August 14th, Copy report of the Committee of Congress, and the Committee of the Supreme Executive Council, respecting property and papers, respecting Messrs. Wilcocks' salt.]

Adjourned to 9 o'Clock to Morrow.

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