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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, NOVEMBER 28, 1778
A letter, of this day, from Mr. de Francey, was read:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No, 78, IX, folio 209. The vote on the committee was: Ellery, 5; Smith, 6; Lewis, 2; Drayton, 4; Duane, 1; Morris, 3; Sherman, 1; Lee, 1; Whipple, 1; Searle, 1; Carmichael, 2.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. M[eriwether] Smith, Mr. [William] Ellery and Mr. [William Henry] Drayton.
An appeal from the judgment of a court of admiralty for the State of Pensylvania, on a libel "Thomas Houston,versus the sloopActive, &c." ∥was lodged with the secretary and referred to the Committee on Appeals.∥
A memorial from Lieutenant Hele was read.2
[Note 2: 2 This memorial is in thePapers of the Continental Congress, No. 78, XI, folio 383.]
The committee to whom was referred a letter of 15, from Admiral Gambler, respecting an officer, commander of theHotham, &c. reported the draught of a letter in answer thereto, which was taken into consideration and agreed to as follows:
Sir: Your letter of the 15 inst. respecting the officers and crew of theHotham sloop has been laid before Congress, and I am instructed to inform you,
That as the manifestoes on board that vessel were of a seditious nature, and intended to open an unwarrantable correspondence, their being covered by a flag of truce is by no means an extenuation of the offence:
That as no respect is due by the law of nations W a flag of truce when employed in illicit practices; so, when detected, all the rights of a flag are forfeited; nor does the accidental wreck of the vessel in question make any distinction in favour of those who navigated her:
That the resolution of Congress, authorizing the seizure of the flag, being subsequent to the fact complained of in that resolution, requires no justification; the fact must necessarily precede the complaint, and the measures for preventing the consequences of the fact:
That addressing the manifesto in the first instance to Congress does not prove that it was not seditious, since it was at the same time addressed to the several assemblies of the United States, to the clergy,
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to the officers of the American army, and to the people at large; which incontestibly shews it to be seditious and unwarrantable:
That, notwithstanding the implied threat of retaliation, had there been greater danger in it than there is, Congress would nevertheless have adhered to such measures as are justified by reason and conducive to the general good.
I have the honor to be, &c.1
[Note 1: 1 A copy of this letter is in thePapers of the Continental Congress, No. 23, folio 51; another copy is inUnited States Revolution, IV.]
Sundry reports from the Board of Treasury were laid before Congress; Whereupon,
Ordered, That a warrant issue on Thomas Smith, Esq. commissioner of the continental loan office in the State of Pensylvania, in favour of Major General Thomas Mifflin, late quarter master general, for fifty thousand dollars, for the use of his department; for which he is to be accountable:
On passing this order, the yeas and nays being required by Mr. President [Henry Laurens,]
{table}
So it passed in the affirmative.
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Ordered, That a warrant issue on John Lawrence, Esq. commissioner of the continental loan office in the State of Connecticut, for fifty thousand dollars, in favour of Isaac Forster, Esq. deputy director general in the eastern district, for the use of his department; for which he is to be accountable:
That another warrant issue on the treasurer in favour of Isaac Forster, Esq. deputy director general in the eastern district, for twenty-five thousand dollars, to be paid to James Davidson, for the use of the said department; the said deputy director general to be accountable:
That a warrant issue on Nathaniel Appleton, Esq. commissioner of the continental loan office in the State of Massachusetts bay, for three hundred dollars, in favour of David Mosely, it being advanced him on account of copper plate printing; for which he is to be accountable:1
[Note 1: 1 These items were reported by the Board of Treasury on November 21. See note under November 24,ante.]
That a warrant issue on the treasurer in favour of Captain Isaiah Johnson, for five thousand and eighty four dollars, to answer two sets of exchange, No. 36, for five hundred dollars, and No. 37, for 4584 dollars, drawn by the late William Kennon, deceased, in favour of David Flowers, dated 14 April, 1777; and that the said sum of 5084 dollars be charged to the account of the said William Kennon, deceased:2
[Note 2: 2 This report, dated November 23, is in thePapers of the Continental Congress, No. 136, II, folio 715.]
That a warrant issue on the treasurer in favour of Jonathan Dayton, Esq. for ten thousand dollars, in discharge of a bill drawn by William Palfrey, Esq. paymaster general, for that sum, in favour of the said Jonathan Dayton, dated October 18, 1778, expressed to be for
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the use of the forces of the United States of America; the said pay master general to be accountable:
That a warrant issue on the treasurer in favour of John Bailey, for one thousand dollars, in payment of a draught of Major General R. Howe, dated Charleston, South Carolina, August 24, 1778, in favour of Captain Rawleigh Downman, and endorsed by him for that sum, it being agreeable to a letter of advice, of the same date, from General Howe, who is to be accountable:1
[Note 1: 1 This report, dated November 24, is in thePapers of the Continental Congress, No. 136, II, folio 717.]
That a warrant issue on the treasurer in favour of Colonel John Cox, assistant quarter master general, for three million five hundred thousand dollars, for the use of the department of Major General Greene, quarter master general, who is to be accountable:
That a warrant issue on Thomas Smith, Esq., Commissioner of the Continental Loan Office in the State of Pennsylvania, forPostponed five Hundred Thousand Dollars, in favor of Colonel John Cox, Assistant Quarter Master General, for the use of the Department of Major General Greene, Quarter Master General, who is to be accountable.
That a warrant issue on the treasurer in favour of Major General Lee, for one thousand dollars advanced him on account: he to be accountable:2
[Note 2: 2 This report, dated November 25, is in thePapers of the Continental Congress, No. 136, II, folio 721.]
That a warrant issue on the treasurer in favour of Captain Richard Call, for nine hundred dollars, for the use of Colonel Benjamin Temple, to enable him to pay sundry balances due from the first battalion of light dragoons, in consequence of the orders of General Washington, of the 30 December last; the said Colonel Temple to be accountable:3
[Note 3: 3 This report, dated November 26, is in thePapers of the Continental Congress, No. 136, II, folio 731.]
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That there be advanced to Colonel Isaac Melchior, Barrack MasterPostponed General, fifty Thousand Dollars, for the use of his Department, and for which he is to be accountable.1
[Note 1: 1 See under December 14,post.]
That there be advanced to Colonel Benjamin Flower, commissary general of military stores, one hundred thousand dollars, for the use of his department; for which he is to be accountable.
Resolved, That so much of the report as relates to a warrant on Thomas Smith, in favour of Colonel J. Cox, and of an advance to Isaac Melchier, barrack master, be postponed.
Resolved, That the several managers of the lottery of the United States be allowed, for their services whilst acting in that department, four dollars a day, previous to the 5th day of February last; five dollars a day from that to the present time; and that their allowance for future services be determined at the close of the drawing of the second class.
That the Board conferred with the Managers on the expediency of drawing the Blanks and Prizes of the Continental Lottery, directed them to be prepared for this purpose, that the Measure may be adopted, if Congress shall hereafter approve thereof.2
[Note 2: 2 This report, dated November 27, is in thePapers of the Continental Congress, No. 136, II, folio 735.]
The Committee on the Treasury, to whom was referred a part of the memorial of Robert Yauncey, cornet, of the first regiment of light dragoons, relating to 376 dollars, lost on the sudden retreat of the troops from Bound Brook, 13 April, and which was part of a sum put into his hands for the purpose of paying such regiment, brought in a report;3 Whereupon,
[Note 3: 3 This report, dated January 3, 1778, is in thePapers of the Continental Congress, No. 132, II, folio 1.]
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Resolved,That the said sum of three hundred and seventy six dollars be allowed to Robert Yauncey, on the settlement of his account.
The committee to whom was referred the petition of George Rice, respecting a sum of public money lost at the battle of Brandywine, report, that they have taken the same into consideration, and, having examined witnesses, they find that the material facts therein set forth are true, and therefore are of opinion,
That a warrant issue on the treasurer in favour of the said Captain George Rice, for five hundred and sixty five dollars, in full for his loss as aforesaid:
Resolved, That Congress agree to the said report.
In consequence of an adjustment by the commissioners of claims, the auditor general reports,
That there is due to the following persons, for superintending the money press, &c. as follows:
To John Biddle, from 30 July to 5 November, 1778, inclusive, five hundred and ninety four dollars; to Isaac Snowden, for the same time, five hundred and ninety four dollars; to Peter Thomson, for the same time, five hundred and ninety four dollars; to Nathaniel Falconer, from 14 September to 5 November, 1778, inclusive, three hundred and eighteen dollars; to Isaac Howell, from 13 October to 5 November, 1778, inclusive, one hundred and forty four dollars; to Isaac Harrison Frenock [French] & Co. for sundry articles supplied for the use of the printers, &c. two hundred and four 30/90 dollars, making, in the whole, two thousand four hundred and forty eight 30/90 dollars, for which a warrant should issue in favour of John Biddle:1
[Note 1: 1 This report, dated November 25, is in thePapers of the Continental Congress, No. 136, II, folio 727. See under December 7,post.]
Ordered, That the said accounts be paid.
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A memorial from the magistrates and the overseers of the poor of the city of Philadelphia, was read, praying for a compensation for the use of the house of employment, occupied for continental hospital:1
[Note 1: 1 This memorial, dated November 18, is in thePapers of the Continental Congress, No. 41, VI, folio 73.]
Ordered, To lie on the table.
A letter, from Joseph Marsh, of the New Hampshire grants, with a printed paper enclosed, was read.2
[Note 2: 2 This letter, dated October 23, is in thePapers of the Continental Congress, No. 40, I, folio 169. It is endorsed by Laurens: "Representation of the Assembly of Vermont to Congress, delivered to me by Lieut. Col. Wheeloc, 26 November, 1778; withheld by his special desire the 27th; read the 28th."]
Ordered, To lie on the table.
The committee to whom was referred Major General Heath's letter, of 8 July, with sundry papers relative to Ensign Brown, brought in a report:
The Committee, to whom was referred General Heath's Letter of the 8th July, 1778, and other papers respecting the case of Ensign John Brown, under sentence of death by the Judgment of a Court Martial, report as their opinion, That the said John Brown be released from the Sentence of Death and be Cashiered;or that General Heath be directed to order a New Trial of the Case by a Court Martial.3
[Note 3: 3 This report, in the writing of Roger Sherman, is in thePapers of the Continental Congress, No. 19, III, folio 119.]
Ordered, That the consideration thereof be postponed to Tuesday next.
A letter, of this day, from Jonathan F. Morris, lieutenant in Colonel Proctor's regiment, was read, requesting leave to resign his commission:4
[Note 4: 4 This letter is in thePapers of the Congress, No. 78, XV, folio 419.]
Resolved, That he have leave, and that his resignation be accepted.
Adjourned to 10 o'Clock on Monday.
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