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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, SEPTEMBER 18, 1778


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Journals of the Continental Congress, 1774-1789
FRIDAY, SEPTEMBER 18, 1778

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A letter and memorial from Dr. J. Morgan, were read:2

[Note 2: 2 This petition, dated September 17, is in thePapers of the Continental Congress, No. 41, VI, folio 51. The letter is in No. 63, folio 117.]

Resolved, That a committee of three be appointed in pursuance of the resolution of the 9 August, 1777:

The members chosen, Mr. [William Henry] Drayton, Mr. [John] Harvie, and Mr. [John] Witherspoon.

On motion, that the committee be empowered to send for persons and papers:

Passed in the negative.

Ordered, That the foregoing letter and memorial be referred to the said committee.

A letter, of 14 July, from John Sandford Dart, deputy cloathier general in South Carolina, with two invoices enclosed, was read:

Ordered, That it be referred to the Committee of Commerce.


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The Committee of Commerce report,

That there is now on board the brigBraxton, 117 hogsheads of tobacco, shipped on freight for account and risqe of the United States; that the said tobacco hath been shipped upwards of a year, and that the vessel was detained by the British frigates the greatest part of that time, and the rest by means, first of springing a leak, and secondly, by a stroke of lightning, which dismasted and disabled the vessel from proceeding: that the Continent is liable to make good the damages as insurers, and to pay a heavy demurrage as freighters;

That the owners of said brig being offered a price for this vessel and cargo as she lies, which they think will make them compensation, offer to discharge the Continent from the charter, provided the committee sell them the 117 hogsheads of tobacco on board the said brig, at five pounds Virginia currency per cent. which the committee think advisable; Whereupon,

Resolved, That the Committee of Commerce be authorized to make sale of 117 hogsheads of tobacco on board the brigBraxton, to the owners of the said brig, on the terms proposed in the above report, and to receive payment for the same, on account of the United States; for which the said committee [is] to be accountable.1

[Note 1: 1 This report, in the writing of a clerk, is in thePapers of the Continental Congress, No. 31, folio 191.]

Resolved, That Monday next be assigned for taking into consideration the reports of the Committee of Commerce.

A report from the Board of War was read; Whereupon,

Resolved, That Mons. Bechet de Roche Fontaine be appointed a captain in the corps of engineers, and that his commission be dated the 15 day of May last.2

[Note 2: 2 This report, dated September 18, and prepared by Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 257.]


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Congress resumed the consideration on the motion on the letter of 11th from Silas Deane, Esq. which was under debate, when Congress rose on Wednesday last; to which an amendment was moved. After debate, the hour of adjournment being come, Congress rose.

Three o'Clock, p. m.

A letter, of 15, from Mr. Beatty, commissary general of prisoners, with sundry papers enclosed, was read.

Ordered, That the same be referred to a committee of three:

The members chosen, Mr. [William] Duer, Mr. [John] Witherspoon, and Mr. [Henry] Marchant.

A letter, of 8 July, from Governor Clinton, of the State of New York, was read.1

[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 78, V, folio 173.]

The committee to whom were referred the letters from the Hon. Arthur Lee, Esq. of 6th, 15, and 31 January, 1778, and the letter of 16 January, 1778, from the Hon. Benjamin Franklin and Silas Deane, brought in a report, which was read; Whereupon,

A member in his place informed the house, that he had information that Mr. Carmichael had charged Mr. Deane with misapplication of the public money, &c.

Being called upon to reduce this information to writing, he delivering in a writing, as follows:

"R. H. Lee is informed that Mr. Carmichael did some time in the last spring or winter say in Nantes that he knew Mr. Deane had misapplied the public money, and that Mr. Carmichael did in strong terms reprobate Mr. Deane's conduct both in his public and private character: That Mr. Carmichael said an open rupture had taken place between Mr. Arthur Lee and the gentlemen at Passy; that they had come to a resolution to do business


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without consulting Mr. Lee on any occasion, and that he (Mr. Carmichael) knows the excuse will be made to Congress that the French ministry have desired it, tho'he does not doubt that desire has arose from Mr. Deane's insinuations. That Mr. Carmichael condemned Mr. Deane's conduct towards Mr. Lee and was pointedly severe in reprobating the system and measures that he had pursued in his public character, and which he said he would fully unfold when he came to America."1

[Note 1: 1 The original of this statement, in the writing of Richard Henry Lee, is in the Library of Congress,United States Revolution, IV.]

Ordered, That the report of the committee lie on the table.

Adjourned to 10 o'Clock to Morrow.

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