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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, AUGUST 24, 1778
A letter, of 20 July, from Brigadier Moultrie, was read, with a letter of 18 inclosed, from Dr. Oliphant:
Ordered, That so much thereof as relates to the cloathing department lie on the table:
That so much as relates to the new establishment of the army, be referred to the Board of War: and
That so much as relates to the hospital, together with Dr. Oliphant's letter, be referred to the committee of arrangement.
Another letter, of 27 July, from Brigadier Moultrie, was read:1
[Note 1: 1 The letter of July 20 from Moultrie is in the Papers of the Continental Congress, No. 158, folio 461; that of David Oliphant is on folio 465; that of the 27th from Moultrie is on folio 469.]
Ordered, To lie on the table.
A letter, of 10, from James Graham, of New York, was read:
Ordered, That it be referred to the delegates of South Carolina and Georgia.
A letter from Messrs. Hodgson & Brown, inhabitants of New Providence, taken on board the ship Charlotte by the fleet under the command of the Count d'Estaing, and confined in the new gaol of Philadelphia, was read, praying Congress to consider their case and to grant whatever indulgences their situation may be judged entitled to:
Ordered, That the said Messrs. Hodgson & Brown be informed, that they, being prisoners of his most Christian Majesty, and not inhabitants of any of these United States, their application for indulgence must be made to the minister of France.
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A letter, of this day, from Colonel Wadsworth, commissary general of purchases, was read:1 Whereupon,
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XXIII, folio 537.]
Congress took into consideration the report of the committee on the letter 23 July, from the said commissary to his deputy Ephraim Blaine, Esqr. wherein the said committee report as their opinion, "that the transportation of flour to the eastern states by sea, is wise and necessary:" Whereupon,
Resolved, That the commissary general of purchases do procure in Pensylvania, Delaware, Maryland, and Virginia, on the most reasonable terms, 7000 twenty thousand barrels of flour: two thousand thereof to be exported to Providence in the State of Rhode Island, with all possible expedition for the immediate Consumption of the Troops stationed there, and remaining five thousand to be exported to Boston, in the State of Massachusetts Bay, as soon as conveniently may be, for such public Uses as Congress shall hereafter direct.
That the said commissary general of purchases be directed to procure vessels for the transportation of the flour aforesaid; and that he give timely notice of the sailing of the said vessels, and confer thereon with the Marine Committee, to the end, that convoy may be obtained for the same and the destination thereof be directed.2
[Note 2: 2 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 29, folio 117.]
The committee to whom were referred the papers relative to Colonel Benjamin Flower and Cornelius Sweers, for mal-practices in office, report,
"That having caused Cornelius Sweers's deposition to be taken, (the same being herewith presented) respecting his charge against Colonel Flower, having confronted Cornelius Sweers and Colonel Flower, together, the latter
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did positively deny all and every part of the charge against him by the former: that during Sweers's examinations, he appeared to be under fears and apprehensions; that during Colonel Flower's examinations, he appeared possessed of a confidence of his innocence with respect to the charge: that Colonel Flower gave in to the committee a written declaration, stating his conduct in office, which is also herewith presented: that having examined Henry Baker, therein mentioned, it appears that at or about the time of the battle of Brandywine, in Philadelphia, the said Cornelius Sweers did, as stated in the said declaration, make him give a receipt for more money than was by Sweers paid to him: that about the 22 day of June last, being ordered by Colonel Flower to arrest Cornelius Sweets, he, upon that occasion, told Colonel Flower of this conduct of Sweers: that Colonel B. Flower being farther examined, it appears he gave this order for the arrest of Sweers, being informed by Mr. Turnbull that a discovery had been made and laid before Congress, of several forgeries, supposed to be made by Sweers, in the public accounts he delivered into the treasury, and that this arrest was ordered before he, Colonel Flower, heard that Congress had given any such order. That it appears from Colonel Flower's public letter book, that he used his best endeavors to cause Cornelius Sweers to be apprehended without any loss of time: that it appears from Colonel Flower's examination that it was after Sweers's arrest, and while he was in confinement at Philadelphia, that he told Cornelius Sweers of his being informed, as stated in the declaration, that Cornelius Sweers had taken a receipt for more money than he had paid, which particular Sweers admitted, viz., that Colonel Flower had so told him: that Sweets, having been repeatedly questioned
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upon the point, as often declared he had not any charge to make against Colonel Flower, other than what was stated in his deposition, nor did he know of any other instance of mail-practice in Colonel Flower's conduct in his department: that upon the whole, it does not appear to the committee that there is sufficient evidence on the part of Cornelius Sweers to support a prosecution against Colonel Flower, whose integrity, in their opinion, stands unspotted, notwithstanding the charge by Sweers:" Whereupon, Congress passed the following resolution:
Whereas, after minute enquiry it has appeared to Congress, that the integrity of Colonel Benjamin Flower, commissary general of military stores, remains unspotted, notwithstanding the charge by Cornelius Sweers, deputy commissary general of military stores, against Colonel Flower, for fraud in his office:
Resolved, That Colonel Benjamin Flower be discharged from his arrest, and permitted to resume the functions of his office.
Whereas, there are so many strong appearances of Cornelius Sweets being guilty of divers forgeries and frauds against the public in his official transactions:
Resolved, That able counsel be retained on behalf of the United States, in a court of law to prosecute Cornelius Sweers, for the forgeries and frauds by him committed in office; and that the books and papers (except Sweers's deposition and letters relative thereto,) and the accounts in possession of Congress, relative to such mal-conduct, be placed in the hands of such counsel, as materials whereupon to ground the prosecution to form and support the charge; and further, that Colonel B. Flower be required to collect all necessary witnesses capable of demonstrating the frauds which are apparent in the public accounts,
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wherein forgeries are supposed to have been committed by the said Cornelius Sweers.1
[Note 1: 1 This report, in the writing of William Henry Drayton, is in the Papers of the Continental Congress, No. 19, II, folio 299.]
Resolved, That the Board of Treasury be empowered and directed to employ the counsel above directed to prosecute Cornelius Sweers.
The Committee on the Treasury brought in a report: Whereupon,
Ordered, That the following warrants, amounting to three million of dollars, issue in favour of Jeremiah Wadsworth, Esq. commissary general of purchases, for the use of his department, viz.
One on the treasurer for two million eight hundred and fifty thousand dollars;
One on Thomas Smith, Esq. commissioner of the continental loan office in the State of Pennsylvania, for one hundred thousand dollars;
And one on Thomas Harwood, Esq. commissioner of the continental loan office in the State of Maryland, for fifty thousand dollars; for which sum of three million of dollars the said Jeremiah Wadsworth is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 493.]
A petition from Phineas Babcock, was read; Whereupon,
Resolved, That the said petition be transmitted to the commissioners of accounts at Albany, and that the said commissioners be authorized to examine into the merits of the said petition, and if upon an examination of evidence and other vouchers adduced by the said Babcock, they shall find that any of his stock or other property have been bona fide, applied for the use of the continental army, that they pass the accounts of the said Phineas Babcock for as much money as may be reasonably due for such stock or other property which may have been so applied.
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A letter, of 11 August, from Governor Trumbull, and one, of 25 July, from Meshech Weare, ∥of New Hampshire,∥ were read.
A letter, of 15, from P. Colt, Esq. was read;1
[Note 1: 1 The letter from Governor Trumbull is in the Papers of the Continental Congress, No. 66, I, folio 406; that of Governor Weare is in No. 64, folio 37; that of Colt, in No. 78, V, folio 193.]
Ordered, That a duplicate of the warrant in favour of William Buchanan, late commissary general of purchases, for 100,000 dollars, on John Lawrence, Esq. commissioner of the continental loan office in the State of Connecticut, for the use of P. Colt, Esq. dated 16 July last, be made out and sent to the said P. Colt, and made payable to him in case the former warrant has not already come to his hands or been paid.
Commercial Committee, 24 August, 1778.
Your Committee beg leave to report, That there is lately arrived at Edenton, North Carolina, from Cadiz, 45 pieces of Iron Cannon, which by Contract with your Commissioners at Paris, were to be delivered at the risk of the shippers, at any Port from New Hampshire to Virginia, and to be paid for in Tobacco at one Quintal and a half of Tobacco for one Quintal of Iron. Your Committee request the sense of Congress relative to the disposal of said Cannon, and the mode of payment for the same.
[Note 2: 2 This report, in the writing of Francis Lewis, is in the Papers of the Continental Congress, No. 31, folio 187.]
∥Adjourned to 9 o'Clock to Morrow.∥
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