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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, OCTOBER 2, 1778
Resolved, That one thousand dollars be advanced to Lieutenant Colonel Ternant, for which he is to be accountable; and that he be entitled to the benefits of the resolution of Congress of 4 September, in regard to his travelling expences to South Carolina.
Resolved, That Friday next be assigned for receiving and considering the report of the committee of arrangement.
Ordered, That Monday next be assigned for taking into consideration the state of the cloathing, and that the Board
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of War on that day, lay before Congress an account of the cloathing provided, and the measures by them taken for forwarding the same to the army.1
[Note 1: 1 This account is in thePapers of the Continental Congress, No. 147, II, folio 305.]
A letter, of 1, from the Board of War, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [William] Duer, Mr. [John] Mathews, and Mr. [Thomas] Stone.
Resolved, That Mr. [James] Henry be appointed a member of the Marine Committee for the State of Maryland.
The committee on the memorial from Colonel Blaine, &c. ∥and letter from Colonel Hollingsworth,∥ brought in a farther report, which was taken into consideration.
Three o'Clock, p. m.
A letter, of this day, from Mr. Chief Justice M'Kean, was read; Whereupon, Congress came to the following resolution:
Whereas complaint has been made to Congress that Brigadier Count Pulaski has resisted the civil authority of this State:
Resolved, That the Board of War do require his personal attendance at the war office, at nine o'clock to morrow morning, and that he continue in Philadelphia until enquiry can be made therein, and until the further order of Congress; it being the fixed determination of Congress to discourage and suppress every opposition to civil authority by any officer in their service.
Congress resumed the consideration of the report of the committee on the memorial from Colonel Blaine, &c. ∥and letter from Colonel Hollingsworth;∥ and thereupon came to the following resolutions:
Whereas the scantiness of crops of wheat and other grain in the states of New York, New Jersey, Pensylvania,
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Delaware, Maryland, and Virginia, and the wicked arts of speculators, forestallers, and engrossers, who infest every quarter of the country, and are industriously purchasing up grain and flour at the most exorbitant prices, render it impracticable to obtain timely and sufficient supplies for the operations of the army and navy, unless the most vigorous measures are, without delay, adopted, to restrain practices so destructive of the public weal:
Resolved, That it be earnestly recommended to the legislative, or, where vested with sufficient power, to the executive authorities of the states above mentioned, to authorize and direct any civil magistrate within their respective jurisdictions, on an information given by the commissary or quarter master general, or by the deputy commissary or quarter master general of the respective districts, of any extraordinary quantity of grain or flour being purchased and in the possession of individuals, forthwith to issue his warrant empowering the informant to seize the same for the public use,paying for the same such equitable price as may be agreed on by the possessor and the officer obtaining the warrant; and that in such case, where the parties cannot agree, an appeal be made by either to the supreme executive authority of the State where the seizure may be made; and that they fix the price at such rate as in their opinion will not operate in future as an inducement to individuals to speculate on, and engross provisions, with an intent to enhance the price on the public, [paying for the same such prices as may to the respective legislatures appear proper, to prevent the practice of engrossing those articles in future, not exceeding six dollars per hundred for flour, and in proportion for grain, which may be found in the hands of engrossers.]1
[Note 1: 1 Words in brackets are not in the original report, and are entered in the journals by Henry Laurens.]
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And, whereas, the facilitating the supply of the army, which was one of the principal objects in laying the embargo, has been defeated by individuals purchasing up grain and flour with a view of exporting the same at the expiration of the term for which the embargo is laid in the respective states:
Resolved, That it be earnestly recommended to the Legislative and Executive Authorities of the respective States to continue in Force the present Embargo subject to such Exceptions as are recommended by the Resolutions of Congress oftill the last DaySee Amendment A. of Jany. 1779 next or till such Time as Congress shall give Notice to the respective States that sufficient Supplies have been obtained for the Operations of the army and for the French Squadron; and that it be recommended to the said Legislatures to authorize the Seizure and Forfeiture of all Grain and Flour (other than what may be Sufficient for family Use) which may be purchased up by Individuals during the Continuance of such Embargo.
Resolved, That the embargo on provisions, which, by the resolution of the 8th day of June last, was laid until the 15 November next, be continued in force, subject to such exceptions as are recommended by the resolution of the 2d September, till the last day of January, 1779, or until such time as Congress shall give notice to the respective states that sufficient supplies have been obtained for the operations of the army and for the French squadron; and that it be recommended to the respective states to take the most effectual measures for carrying this resolution into effect.1
[Note 1: 1 This was a substitute for the preceding paragraph.]
On considering this part of the report, the committee having offered, as their opinion, "That it be earnestly recommended to the legislative or executive authorities of the respective statesto continue in force the present embargo, &c."
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An amendment was moved, that Congress shouldcontinue the embargo, and recommend it to the states to take measures for enforcing it:
Upon which the question being put, and the yeas and nays required by Mr. [Joseph] Reed,
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So it was resolved in the affirmative, and the report being amended, the resolution passed as above.
Resolved, That it be farther recommended to the legislatures of the several states to pass laws for the seizure and forfeiture of all grain and flourother than what maybe sufficient for family use, which may be purchased up by individuals during the continuance of such-embargo. purchased up or engrossed, with such exceptions and under
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such limitations and restrictions as they may think most expedient.1
[Note 1: 1 This paragraph was not in the original report.]
And, whereas, there is reason to believe that the end proposed by Congress in recommending an exemption from embargo, by their resolution of 2 September, may not only be defeated by private purchasers enhancing prices, or by captains making false protests and bearing away to foreign ports; but in cases where vessels may actually arrive in some ports of the eastern states, the cargoes may be engrossed by individuals at an extravagant rate, with a view of preying upon the public; to guard against which evils,
Resolved, That it be earnestly recommended to the legislative and executive authorities of the respective states, not to grant any exemption from embargo to any vessels whatever, unless, in addition to the former security recommended, the persons applying for the same, comply with the following stipulations, to wit:
That the shipper or shippers of the cargo solemnly make oath, that no part of the flour or grain proposed to be shipped has been purchased or contracted for since the 10th day of October, 1778:
That the shipper and every man on board of the said vessels, whether seamen or passengers, solemnly swear that they will not, directly or indirectly, be privy to or concerned in any measure whatsoever, which may tend to defeat the arrival of the vessel at some safe port in one of the eastern states; but that they will, without any deception, mental reservation or equivocation whatever, take every measure to carry into effect the intention of the license granted:
That the shipper shall first agree with the commissary general, or person by him duly authorized, for such purpose,
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on the price for which the flour shipt shall be delivered at one of the ports in the eastern states for the public use.
Resolved, That the exemption from the embargo, as recommended by the resolution of Congress of the 2 September, be extended to vessels belonging to the middle and southern as well as those of the eastern states, under the restrictions and stipulations above mentioned.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 29, folio 119.]
Resolved, That the commissary general be authorized to despatch provision vessels to the eastward, with or without convoy, as in his judgment shall be most conducive to the certain and speedy supply of these articles for the army of the United States and the fleet of Count d'Estaing, notwithstanding any resolution of Congress heretofore made on this subject.
Ordered, That the committee have leave to sit again.
Adjourned to 10 o'Clock to Morrow.
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