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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 --SATURDAY, OCTOBER 31, 1778
A member having informed the house, that he had received intelligence of frauds and abuses said to be practised by certain individuals in the quarter master general's department,
Ordered, That a committee of three be appointed to make strict enquiry into the same, and to report specially to Congress: and that the member be directed to lay before the said committee the particulars of the information which he has received:
The members chosen, Mr. S[amuel] Adams, Mr. [Nathaniel] Scudder, and Mr. [Roger] Sherman.
The Board of War, to whom were referred sundry letters from New Orleans, brought in a report:
At a Board of WarOctober 10, 1778.
The Board of War having taken into Consideration the Papers referred to them by Congress, being Letters and Extracts of Letters from the Governor of New Orleans, Mr. Pollock and Captain James Willing on the Situation of Affairs on the Mississippi, beg leave to report to Congress,
That from the variety of operations in which we are at this Time engaged it is impracticable for these States now to undertake an enterprize of the magnitudenecessary to take possession of and secure as well the country on the Mississippi, in the hands of the subjects of the King of Great Britain, as the other parts of the Floridas, which it will be necessary for the security of these states to hold, when circumstances will permit. recommended by Governor Galvez.
That Governor Bernardo de Galvez be informed of the above resolution and be assured that from the favorable aspect of our affairs it is probable Congress will speedily be enabled to turn their attention to and operate effectually in that quarter.
That Governor Galvez be requested to accept the thanks of Congress for his spirited and disinterested conduct towards these States, and be assured that Congress will take every opportunity of evincing the favorable and friendly sentiments they entertain of Governor Galvez,
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and all the faithful subjects of his Catholic Majesty inhabiting the country under his government.1
[Note 1: 1 A postscript to the report follows:
"The papers are returned with this report as they contain many matters which the commercial committee if referred to them no doubt will think proper to report upon.
"Mr. Murray's report is subjoined for the information of Congress. He appears to be very intelligent and well acquainted with the country."
The report, in the writing of Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 323. The conclusions were entered on the secret Journals.]
Ordered, That the letters returned be referred to the Committee of Commerce.
A letter, of 26, from Adam Ferguson, secretary to the commissioners from the king of Great Britain, and a letter of 12 August, from the Hon. J. Adams, were read:
Ordered, That they be referred to the Committee of Intelligence.
A letter, of 21, from Major General Heath, was read:
Ordered, That it be referred to the Board of War, and that the Board forthwith make a return of the officers of the convention of Saratoga that have been exchanged, and for whom.
A letter, of 24, from General Washington, with a paper enclosed, was read:
Ordered, That it be referred to the committee appointed to prepare a plan for procuring reinforcements &c:
That Mr. G[ouverneur] Morris be added to the committee.
A letter, of 26, from General Washington, was read, enclosing a report enclosed of Governor Clinton, General Schuyler, and Brigadier Hand, on the subject of an enterprize against Chemung:2 Whereupon,
[Note 2: 2 Washington's letter of the 24th is in thePapers of the Continental Congress, No. 152, VI, folio 411. It is printed inWritings of Washington (Ford) VII, 226. The letter of the 26th is on folio 419, and the report on Chemung is on folio 423.]
Resolved, That Congress approve the reasons for not undertaking for the present an expedition against that place.
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The Committee on the Treasury brought in a report: Whereupon,
Ordered, That a warrant issue on the treasurer in favour of the Marine Committee, on their application, for one hundred and fifty thousand dollars, to be by them transmitted to the navy board of the eastern district, for the use of their department; the Marine Committee to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, II, folio 661.]
The Marine Committee brought in a report: Whereupon,
Resolved, That the commissioners of the navy boards in the eastern and middle departments be allowed a salary of three thousand dollars per annum each, in consideration of the extensive business of their departments.
The Marine Committee nominated the following gentlemen, requesting that three of them may be chosen for commissioners of the navy board of the middle department, viz.
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Congress proceeded to the election of a commissioner for the Board of War and Ordnance, and the ballots being taken, Colonel Robert H. Harrison was unanimously elected, ∥having been previously nominated by Mr. [William] Duer.∥
Resolved, Thatfor the present the salary of the secretary of the Board of War be two thousand dollars per annum.
Ordered, That Monday next be assigned for electing a secretary of the Board of War and Ordnance.
The delegate for New Hampshire laid before Congress the appointment of delegates from that State, which were read as follows:
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STATE OF NEW HAMPSHIRE.
In the House of Representatives,
August 19, 1778.
Resolved, and voted, that the Hon. Josiah Bartlett, John Wentworth, Jun. William Whipple, and George Frost, Esqrs. be and hereby are chosen and appointed Delegates to represent this State in the Continental Congress, to be holden for the United States of America, in November next, and that any two of them have full power to represent this State in said Congress for one Year, from the first of November next, unless sooner recalled, or superseded by order of the General Assembly of this State. Sent up for concurrence,
John Dudley,Speaker pro tem.
In council, the same day, read and concurred,
E. Thompson,Secretary.
Copy examined by
E. Thompson,Secretary.1
[Note 1: 1 The original is in thePapers of the Continental Congress, New Hampshire,Credentials of Delegates.]
Ordered, That Mr. [Josiah] Bartlett have leave of absence.
Ordered, That Mr. R[ichard] H[enry] Lee, have leave of absence.
The Committee to whom the Memorial and papers of John Harper were referred beg leave to Report;
That it appears to the Committee, that the said John Harper and his Sons Joseph and John, of the State of Virginia, and Peter Kirwin, of the State of Maryland, were owners of the Schooner calledLiberty in the said Memorial mentioned; that the said Schooner commanded by a certain Middleton Belt, on the eighth day of June last, was chased into Currituck Inlet by a British privateer, commanded by a certain--Goodrich, and was there on the afternoon of the same day captured by the said Privateer. That three men belonging to the said Privateer were put on board the said Schooner, and on the next morning in going out of the said Inlet, she was run aground by the said Belt; that after attempting in vain to heave off the Schooner, the three Privateer's men quitted the said Schooner, and went in her boat on board the said Privateer, leaving Captain Belt and two of his crew in possession of the said
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Schooner. That about ¾ of an hour after the Schooner grounded and was quitted by the privateersmen, a party of Militia commanded by one Caleb Ansell came on board and beat off some boats sent in by the said Privateer, and thereby saved the said Schooner. That the said Caleb Ansell afterwards, on behalf of himself and his company of Militia, on the ninth day of June last, exhibited his Libel in the Court of Admiralty for the port of Currituck, in the said State of North Carolina against the said Schooner and her cargo on board, alledging as a cause of forfeiture, "that the same was British property, that she was taken in Currituck on the said ninth day of June by one Goodrich, an enemy of these States, and was retaken by the said Ansell and his company of Militia." That answers were put in to the said Libell by the said Belt and Peter Kirwin, one of the owners of the said Schooner, to which the Libellant demurred in law, and on joinder in demurrer the same was affirmed; and thereon on the nineteenth day of June a jury was impannelled, sworn and gave their verdict "that one-eighth of the true value of the said Schooner and her cargo was a lawful prize to the Libellants, together with costs of suit;" and on the next day the Judge gave judgement thereupon.
Your Committee beg leave further to report that it appears to your Committee, that the said Peter Kirwin and Middleton Belt, the Claimants, on the said twentieth day of June prayed an appeal from the said sentence to Congress, and thereupon the Court ordered, "that a Court should be opened on the 29th. June next following for the purpose of lodging the said appeal and carrying the same into execution." That on the same twenty-ninth of June the said Claimants offered security (admitted by the Judge to be sufficient) for prosecuting the appeal, but the same was not accepted.
Your Committee further report, that it appears to them, that on the 10th. of June, 12 Hdgs of molasses and 59 bags of salt part of the Cargo, were taken out of the said Schooner, and put into a lighter (but whether with the consent of Captain Belt does not appear,) and carried to Churches Island, and there sold for £1604 2, of which Wallace Bray, owner of the lighter, purchased to the amount of £384 14; Caleb Ansell, Captain of the Militia and libellants, to the amount of £759 6; and Colonel Jarvis, Judge of the Court of Admiralty, to the amount of £32 18; Amounting to £1176 18 0. That the charges claimed and deducted out of the said Sales amount to £887 12 7½, among which £173 15 0 is charged for the wages and victualling of Captain Ansell, his Lieutenant and Ensign, and thirty seven Militia, for ten days on
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board the said Schooner; £100 as a fee to William Cummings Esq., for pleading the cause for the Libellants; £20 to the State advocate; £100 for five days freight, and £230 for 23 days demurrage of the said Lighter.
Your Committee further report that it appears to them that on Monday the 22nd. June, the said Schooner and the residue of her cargo, was taken and carried out of the said Inlet by seven persons in a small boat; that on the preceding evening all the guard of militia except three men and two boys left the said Schooner; that the said Guard refused to make any resistance, tho' requested by Captain Belt, that the said Schooner and her cargo was thereby lost to the owners, who estimate the value thereof to £17,750 17 6 Virginia Currency.
Your Committee further report, that it does not appear to them, that the said Schooner was in the possession of the enemy 24 hours.
Your Committee beg leave to submit the following resolutions to the Consideration of Congress.
That an appeal be granted to the said John Harper on behalf of himself, and the other owners of the said Schooner called theLiberty, and her cargo, if he shall think proper to prosecute it, and that on his application an order issue by Congress to the Register orAgreed Clerk of the Court of Admiralty for the port of Currituck, in the State of North Carolina, to transmit to the Secretary of Congress a copy of all the proceedings in the said Court against the said Schooner called theLiberty and her cargo.
That it be recommended to the Executive Authority of the State of North Carolina, immediately to take the most speedy andAgreed effectual Measures to discover and bring to trial and exemplary punishment the persons who carried off the said SchoonerLiberty and her cargo.
That the Secretary transmit to the Legislature of the State of North Carolina a copy of the Report of the Committee, and that it be earnestly recommended to the Legislature of that State to inquire into the truth of the facts stated in the said Report, and if found to be true to pass an act to make compensation to the owners of the said Schooner and her Cargo for the loss they have sustained.
Ordered, That a Copy of the said Report be sent to the Legislature of the State of Virginia.1
[Note 1: 1 The last four paragraphs are in the writing of Belcher P. Smith; the preceding parts, in that of James Smith?. The report is in thePapers of the Continental Congress, No. 19, III, folio 67.]
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Ordered, That the memorial of Captain Harper and the papers relative thereto, be delivered to Mr. R[ichard] H[enry] Lee.
Adjourned to 10 o'Clock on Monday.
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