| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, OCTOBER 1, 1778
Mr. [Roger] Sherman, a delegate from Connecticut, attended and took his seat ∥in Congress.∥
A letter, of 30 September, from the Board of War, with sundry papers enclosed, was read:1
[Note 1: 1 This letter, prepared by Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 281. On the back of a letter from John Armstrong enclosed in this letter, is recorded the votes for the committee: Gerry, 1; Merchant, 3; Elmer, 2; Mathews, 3; Henry, 4; Sherman, 8; Reed, 3; Harvie, 2; Lovell, 2; J. Smith, 1; Roberdeau, 1.]
Ordered, That the same be referred to a committee of five:
Page 971 | Page image
The members chosen, Mr. [Roger] Sherman, Mr. [James] Henry, Mr. [Henry] Merchant, Mr. [John] Mathews, and Mr. [Joseph] Reed.
A letter, of 12 September, from Captain Henry Johnston, at Boston, was read:
Ordered, That it be referred to the Marine Committee.
A petition of Captain Francis Tartanson, was read.1
[Note 1: 1 This petition is in thePapers of the Continental Congress, No. 42, VII, folio 344.]
Ordered, That it be referred to the Board of War.
A memorial from James OEllers, one of the owners of theDuck Creek pacquet, was read;2 Whereupon,
[Note 2: 2 This memorial is in thePapers of the Continental Congress, No. 41, VII, folio 187.]
Congress took into consideration the report of the committee to whom was referred the petition from the said James OEllers and Henry Horn, and thereupon,
The Committee to whom was referred the Petition and Memorial of James OEllers and Henry Horn, Report,
That having examined into the case, as well on behalf of the Petition as on behalf of the Public, it appears, That about a week before the Battle of Brandywine, Anthony Butler, acting as Deputy Quarter Master General in Philadelphia during the sickness of Quarter Master General Mifflin, received orders from the Board of War to press into the Public Service all the Shallops and Schooners in the port of Philadelphia. That the day after the Battle of Brandywine, he ordered Thomas Carrol to press the SchoonerDuck creek packet (the Schooner mentioned in the Petition): that the schooner was pressed accordingly on the same day, she being then commanded by and having on board a Master appointed by the Petitioners: that the said Master was continued in the command of the said Schooner; that he was ordered to proceed to Chester to receive on board a number of wounded Soldiers to be brought up the Delaware; that the said Master put on board by the Petitioners, instead of obeying these orders sailed down the delaware, passed by Chester and without stopping proceeded and joined the Enemy below, with whom he continued with the Schooner, until she was taken from the Enemy; she was afterwards condemned as
Page 972 | Page image
lawful prize in the Court of Admiralty at Dover, and no appeal against the Decree hath been made.
Your Committee having considered these facts are of opinion, that had the Schooner been permitted to have remained in the possession of the Petitioners, it is possible they might have seen cause to have removed the said Master from the command of their Schooner, and thereby have put it out of his power from running away with her; whereas by their being deprived of the possession of her, they were deprived of an opportunity that might have offered to have preserved her. From which, as it appears the loss in some degree arose from the public interference in the case, or rather, that it deprived the Petitioners of an opportunity which might possibly have happened to prevent the loss, your committee are of opinion the public should bear some part of it. Therefore they recommend that the Petitioners be paid in full satisfaction on the part of the public for the loss of the Schooner, a sum of money equal to one half of what she sold for under the Decree of the Court of Admiralty at Dover.
Resolved, That the loss of the schooner Duck Creek packet ought not to be sustained by the United States, and that General Mifflin be served with a copy of this resolution.1
[Note 1: 1 This report, in the writing of William Henry Drayton, is in thePapers of the Continental Congress, No. 19, IV, folio 503. The last paragraph, or resolution adopted, is in the writing of Elbridge Gerry.]
The Committee of Commerce having, according to order, obtained from Messrs. Hewes and Smith, a return of the continental stores that have been received and delivered by them as agents for the United States in North Carolina, laid the same before Congress; Whereupon,
Congress resumed the consideration of the report of the Committee of Commerce, respecting Messrs. Hewes, Smith, and Allen; and thereupon,
Resolved, That a warrant be drawn on the treasurer in favour of Messrs. Hewes, Smith, and Allen, continental agents in the State of North Carolina, for the sum of
Page 973 | Page image
twenty seven thousand four hundred and forty nine and seventy-three ninetieths dollars, being in full of the balance due to them as reported on a settlement of their accounts by the Committee of Commerce:
Ordered, That so much of the said report as respects the brigantineCommerce, be re-committed, and that the committee report specially thereon.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Captain William Henderson, for six thousand two hundred and thirty dollars, in discharge of a bill in his favour, drawn by William Palfrey, Esq. pay master general, dated 15 September, 1778; for which sum the said pay master general is to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, II, folio 593.]
Three o'Clock, p. m.
A letter, of this day, from the Board of War, and a letter of 29 September, from Count Pulaski, were read.
Adjourned to 9 o'Clock to Morrow.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |