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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 --MONDAY, MAY 11, 1778
A letter, of the 1, from Governor Henry, of Virginia, and one of the 30 April, from B. Harrison, deputy pay master general in Virginia, with his monthly account, were read:
Ordered, That they be referred to the Board of Treasury.
A letter, of 1st, from W. Aylett, Esqr. deputy commissary general of purchases in Virginia, was read, respecting the pork bought of Hewes & Co. and damages recovered of them on account of its bad quality.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, I, folio 165.]
Whereas, it hath been represented unto us that a certain snow, called Our Lady of Mount Carmel and St. Anthony, said to be the property of Messrs. John Ignatius de Oliveria Pereira and Anthony dias dos Santos, subjects of his most faithful majesty the king of Portugal, and bound from the Brazils to Fayal, was taken on the high seas by a private armed vessel, commissioned by these United States, and sent as a prize into the State of Massachusetts bay; that the said vessel, being duly libelled in the courts of the said State, was acquitted; and that no owner hath appeared to claim the said snow and her cargo, the master of the said snow having, as is said, been sent home in another vessel, at his own request, by the master of the said armed vessel; and whereas it hath been further represented unto us, that divers of the commodities in the said snow contained are perishable; that damage may arise from permitting the vessel and cargo to continue in their present situation, and that it would be dangerous to send the said snow to the place of her former destination, as she might be made prize of by ships in the service of the king of Great Britain.
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Now, therefore, to the end that right may in this behalf be done,
Resolved, That the Board of War of the said State of Massachusetts bay be requested to make sale, with all convenient speed, in the best manner, and for the most money possible, of the said snow and her cargo, to deposit the net proceeds thereof, after deducting all costs and charges, which shall then be due thereon, in the public funds of these United States; and to transmit an exact account thereof to the Committee of Foreign Affairs:
That the said committee do transmit such account, and a copy of the proceedings of the court of admiralty relative to said snow, together with these resolutions, to the commissioner or commissioners of these states, who may then be and reside at the court of his most Christian majesty; and
That the said commissioner or commissioners do inform the ambassador or resident of his most faithful majesty at the said court, of the premises, in order that the lawful and rightful owners of the said snow and her cargo, may obtain proper certificates, and authentic proof of their property in the same, and thereby be enabled, either personally or by their lawful attorney, to appear, demand, and receive the moneys so deposited as aforesaid, together with the interest thereof.
It is nevertheless provided, that nothing in the foregoing resolutions contained, shall be construed to bar the lawful and rightful owners of the said snow, and of her cargo, from their action or actions against the master or owners of the said private armed vessel, or any of them, for damages sustained beyond the money so to be deposited by reason of the capture aforesaid; any clause or article thereof to the contrary in any wise notwithstanding:
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∥On the question put, to agree to the foregoing resolution, the yeas and nays being required,∥
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∥So it was resolved in the affirmative.∥
Ordered, That the committee to whom was referred the memorial of the 6 of March last, from R. Morris, Esqr. be discharged from proceeding on that business.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That 16,000 dollars be paid to Joseph Nourse, Esqr. pay master to the Board of War and Ordnance, to be by him transmitted to Count Pulaski, for the purpose of purchasing horses and recruiting his corps; who is to be accountable.
A letter, of this day, from Joseph Nourse, Esqr. pay master of the Board of War and Ordnance, was read, informing that "the Board of War have directed him to apply for 25,000 dollars for George Ewing, commissary
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of hides, to enable him to furnish his deputies with money for their respective districts, to pay his workmen, and discharge debts contracted by him on public account;"1 Whereupon,
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XVII, folio 43.]
Resolved, That the sum of twenty-five thousand dollars applied for by the commissary of hides, be paid to the Board of War, and that they employ a discreet and proper person to apply the said money to the department of hides, until due enquiry shall be made into the conduct of the said commissary.
Congress proceeded to the election of a commissary of prisoners, in the room of Elias Boudinot, Esqr. resigned, and the ballots being taken,
Colonel Francis Johnson was elected.
Adjourned to 10 o'Clock to Morrow.
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