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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 23, 1778
An appeal from the judgment of a court of admiralty for the State of New Jersey, on the libel "David Stephens, &c.versus schoonerJohn and Sally," was lodged and referred to the Committee on Appeals.
A letter, of 26 August, from Major General R. Howe, with sundry papers enclosed, was read:
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Ordered, That the same be referred to the Board of War, and that they report their opinion thereon to the Board of Treasury.
A letter, of 20, from Major General Lord Stirling, was read, informing that the enemy's fleet has sailed.
Sundry letters of 19 and 21, from Brigadier Count Pulaski, enclosing the commission of de Brenville,1 a lieutenant in Count Pulaski's legion, were read.2
[Note 1: 1 James de Bronville in the commission.]
[Note 2: 2 The letter of Stirling is in thePapers of the Continental Congress, No. 162, folio 535; those of Pulaski are in No. 164, folios 23, 36, and 38.]
Ordered, That the resignation of Lieutenant de Brenville be accepted; that the letters and other papers from Count Pulaski be referred to the Board of War.
A petition from Dominique L'Eclise, was read:3
[Note 3: 3 This petition, dated October 22, is in thePapers of the Continental Congress, No. 42, IV, 158.]
Whereupon, a report of the Board of War, relative to the said Dominique L'Eclise, was read; and thereupon,
At a Board of War,October 14, 1778.
Present, Mr. Duel, Col. Pickering, Mr. Peters.
The Board taking into consideration the letter from Gen1. Schuyler relative to Monsr. Dominique L'Eglise are of opinion
That Monsr. L'Eglise was employed by Genl. Schuyler on secret service in Canada in the execution whereof Monsr. L'Eglise behaved with fidelity, and being suspected by the enemy was in consequence imprisoned and suffered many hardships and loss of his effects on account of his attachment to these States: We therefore beg leave to report to Congress,
Ordered, That the sum of six hundred and thirty five dollars be paid to Mons. L'Eclise, in satisfaction of his sufferings, and to enable him to pay moneys lent him for his support, by sundry gentlemen, friends to these states.
Resolved, That the sum of sixty dollars per month, for pay and subsistence, and one ration a day, be allowed
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Mons. D. L'Eclise, during the pleasure of Congress, and that he be directed to reside for the present in the northern department, to be employed in such way as the Commander in Chief, or the commander of the northern department, shall deem serviceable to the United States:
That a copy of the foregoing resolution be sent to the Commander in Chief, to whom Mons. L'Eclise shall give notice of the particular place of his abode.1
[Note 1: 1 This report, in the writing of Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 328.]
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Major General Lincoln, for three thousand dollars, to bear the expences of himself and suite to South Carolina; he to be accountable.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 136, II, folio 637.]
The Committee of Commerce, to whom was referred a charter party, and several other papers relative to an agreement entered into between Scott, Irwine, and Cowper, owners of the brigCommerce, of the one part, and Hewes and Smith, agents in behalf of the Secret Committee, on the other part, report,
"That it appears the said agents, in behalf of the Secret Committee, contracted to lade the said brigantine for some port or ports in Europe, and to pay for her here at the rate of five hundred dollars per month: that the said brigantine was valued at seven thousand dollars, which sum the said agents insured to the said owners, and agreed to pay to them over and above the monthly hire, if it should so happen that the said brigantine should be seized, taken, sunk, or otherwise destroyed, by the enemies of the United States: that the said brigantine was laden with tobacco, and other articles of merchandise on
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account of the United States, and arrived safe with her cargo in the port of Nantes, in France: that she sailed from thence on or about the 7th day of September, 1777, with a cargo of salt, on account of the United States, and proceeded on her voyage until she arrived on the coast of North Carolina: that she met with several storms, by which she was greatly damaged in her masts, yards, sails, and rigging: that the people on board were in distress for want of provisions and water; all which induced the captain of her to put into the island of Bermuda: that she arrived at Somerset, in the said island, on the 4 day of December, 1777, when the captain applied to Henry Tucker, Esq. whohe understood did business for Congress, advised him to unlade the said brigantine and strip her of all her sails, rigging, anchors, cables, and other materials: that he unladed and stript her accordingly, and put every thing into the hands of the said Mr. Tucker: that it appears the hull of the said brig was seized and taken by the enemies of the United States, and fitted out, in order to carry to Great Britain part of the cargo and crew of a ship that had been cast away on Bermuda, in her passage from Jamaica to London: that it further appears, that Hewes and Smith, agents as aforesaid, are bound by the said charter party to pay to the owners ore the said brigantine the amount of the said valuation, and the monthly hire, until the day the said brigantine was so seized and taken; and that the account of the said valuation and hire, exclusive of the said brigantine's disbursements in France, amounts to ten thousand five hundred and thirty four and 15/90 dollars:" Whereupon,
Ordered, That the sum of ten thousand five hundred and thirty four 15/90 dollars be paid to Messrs. Hewes and Smith, agents as aforesaid, to pay the amount of the valuation and monthly hire of the brigantineCommerce,
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exclusive of her disbursements in France, agreeably to the charter party entered into by them with the owners of the said brigantine; the said Hewes and Smith to be accountable.
Ordered, That the remainder of the report be referred to a committee of three:
The members chosen, Mr. R[obert] Morris, Mr. [William Henry] Drayton, and Mr. [William] Duer.
According to order, Congress took into consideration the proceedings and sentence of the court martial on the trial of Major General Lee, and after debate,
Ordered, That the farther consideration thereof be postponed to Wednesday next.
Adjourned to 10 o'Clock to Morrow.
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