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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 --MONDAY, DECEMBER 7, 1778
Mr. Jay, a delegate from the State of New York, attended and produced credentials of his appointment, which were read, as follows:
The people of the state of New York, by the grace of God free and independent, to all to whom these presents shall come, send greeting:
Whereas our senate and assembly of our said state, did, by their concurrent resolutions of the 21st day of October last, declare, that a special occasion did then exist in which the chancellor and judges of the supreme court might be elected delegates to the general Congress, and that of the chancellor and judges, one should be elected a delegate on such special occasion; and also by concurrent resolutions of the 4th day of this instant, month of November, did resolve to proceed severally to nominate, in the mode prescribed in and by the 30th article of the constitution of this state, of the chancellor and judges of the supreme court, one as a delegate to represent this our state in the Congress of the United States of America, on such special occasion, to continue in office until the 1st day of March next, and did thereupon proceed to the said nomination, and did nominate and appoint, in the mode prescribed by the said article, John Jay, esq. our chief justice of our supreme court of judicature, a delegate to represent this our state in the Congress of the United States of America on the present special occasion: now, therefore, know ye, that in pursuance of such nomination and appointment, we do, by these presents, commissionate the said John Jay, esq. a delegate to represent this our state in the Congress of the United States of America, on the present special occasion; and do hereby authorize him to hold and exercise all the powers and authorities to the office or place of delegate belonging, by virtue of the said constitution and the nomination and appointment
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aforesaid; to have and to hold the said office or place of delegate upon the present special occasion, unto the said John Jay, esq. for and during and until the first day of March next, and no longer. In testimony whereof, we have caused these our letters to be made patent, and the great seal of this our state to be hereunto affixed. Witness, our trusty and well beloved George Clinton, esq. our governor of our said state of New York, general and commander in chief of all our militia, and admiral of the navy of the same, this 10th day of November, in the third year of our independence, and in the year of our Lord one thousand seven hundred and seventy eight.
Signed,George Clinton.
With the great seal appendant and endorsed:
Passed the secretary's office by the special command, in writing, of his excellency the governor, this 15th of November, 1778.
John Morin Scott,Secretary of the State.1
[Note 1: 1 The original is in thePapers of the Continental Congress, New York,Credentials of Delegates.]
The President informed Congress, that, on Saturday last, he received two letters from the Hon. R. Izard: that, like the former, these letters contain matters of public and private nature; but, as the house have determined not to receive extracts of letters, he submitted them entire to Congress, being persuaded that it is Mr. Izard's desire that all public matters should be communicated to them:
Ordered, That the letters be read.
The letters were read, viz.
One 25 July, and the other September 12, 1778, both dated at Paris, enclosing No. 1, copy of a letter from the Abbé Niccoli to Mr. Izard, dated 28 July, 1778; No. 2, Mr. Izard's answer, Paris, 1 September, 1778; No. 3, Mr. Izard's letter to the plenipotentiaries at the court of France, Paris, 25 August; No. 4, the plenipotentiaries' answer, 25 and 27 August; No. 5, a copy of Mr. Izard's letter to Count de Vergennes, September 2, 1778.
A letter from Hon. Sieur Gérard, minister of France, was read:
Ordered, That it be referred to a committee of five:
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The members chosen, Mr. [William Henry] Drayton, Mr. S[amuel] Adams, Mr. G[ouverneur] Morris, Mr. [William] Paca, and Mr. [John] Jay.
A memorial from Hon. Sieur Gérard was read, desiring to know the opinion of Congress respecting his offering a premium to owners of privateers that shall intercept masts and spars belonging to the enemy, coming from Halifax to New York or Rhode Island:
Ordered, That it be referred to the Marine Committee.
A letter, of 25 July last, from the Hon. R. Izard, at Paris, and
One of 20 August, from John Bonfield, at Bordeaux, and
One of 14 August last, from Honble J. Adams, at Paris; were laid before Congress by the Committee for Foreign Affairs, and read.
A letter, of 6, from Lieutenant Colonel Fleury, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 23 November, from Major General Schuyler, was read:
Ordered, That a copy thereof be sent to General Washington.
A letter, of 4, from General Washington, was read:1
[Note 1: 1 Schuyler's letter is in thePapers of the Continental Congress, No. 153, III, folio 392; that of Washington, in No. 152, VI, folio 589.]
Ordered, That it be referred to the Board of War.
A petition of Frederick Verner, was read:2
[Note 2: 2 This petition, dated December 7, is in No. 42, VII, folio 33.]
Ordered, That it be referred to the Board of War.
A letter, of 6 November, from Governor Clinton, of New York; one of 4 instant, from Major General Lord Stirling; and one of 5, from Robert H. Harrison, were read.3
[Note 3: 3 The letter of Governor Clinton is in thePapers of the Continental Congress, No. 67, II, folio 138; that of Stirling, in No. 162, folio 559; and that of Harrison, in No. 152, VI, folio 593.]
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Ordered, That the Board of War furnish his excellency the president of the State of Pensylvania with an abstract of the last general return of the army, so far as regards the troops of that State.
On motion,Resolved, That the Hon. W. A. Atlee, be summoned to attend in Congress at half after six o'clock this evening, to give testimony relative to the charge against Brigadier W. Thompson.
Ordered, That Brigadier W. Thompson attend Congress on Monday the 21st instant.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the Treasurer in favour of Captain Baldesqui, pay master to Brigadier Count Pulaski's legion, for ten thousand dollars, to enable him to discharge sundry accounts due from the said corps; Brigadier Count Pulaski to be accountable:1
[Note 1: 1 This report, dated December is in thePapers of the Continental Congress, No. 136, II, folio 739. The members present were James Duane, Oliver Ellsworth and Richard Hutson.]
That a warrant issue on the treasurer in favour of Mr. [Roger] Sherman, one of the delegates of Connecticut, for one thousand dollars; for which the said State is to be accountable:
That a warrant issue on the treasurer in favour of Mr. Edward Langworthy, one of the delegates of the State of Georgia for one thousand five hundred dollars; for which the said State is to be accountable:2
[Note 2: 2 This report, dated December 4, is in thePapers of the Continental Congress, No. 136, II folio 745.]
That, upon the application of the Board of War and Ordnance, a warrant issue on the treasurer in favour of Joshua Mersereau, commissary of prisoners in the State of Massachusetts Bay, for four thousand dollars, to be charged to Elias Boudinot, Esq. late commissary general of prisoners, agreeable to his letter of 28 November last:
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That, upon application from the Board of War and Ordnance, another warrant issue on the treasurer in favour of the said Joshua Mersereau, for 1697 40/90 dollars, to be charged to John Beatty, Esq. commissary general of prisoners, agreeably to his letter of the 4 instant.
That a manager of the United States Lottery be appointed.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, II, folio 747.]
In consequence of an adjustment by the commissioners of claims, the auditor general reports,
That there is due to Edward Fox, for his pay as clerk to the Board of Treasury, from 18 May to 17 November, 1778, inclusive, and for sundry expences and contingencies, 756 dollars:
That there is due to G. Reinhold, for blank books for the use of Congress, 44 45/90 dollars:2
[Note 2: 2 These two items formed part of the report of November 25, noted under November 28,ante.]
Ordered, That the said accounts be paid.
An appeal from the judgment of a court of admiralty for the State of New Jersey, on the libel "Griffinagainst the sloopGeorge," was lodged with the secretary and referred to the Committee on Appeals.
Six o'Clock, p.m.
Col. Grayson is nominated by Mr. G[ouverneur] Morris as one of the commissioners of the Board of War, in the room of Colonel Harrison, who has declined acting.
According to order, Hon. W. A. Atlee attended, and being sworn and having given his evidence respecting the charge against Brigadier Thompson, was ordered to withdraw, and accordingly withdrew.3
[Note 3: 3 Thomson's notes of his testimony are in thePapers of the Continental Congress, No. 159, folio 304.]
Resolved, That Silas Deane, Esq. report to Congress, in writing, as soon as may be, his agency of their affairs in
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Europe, together with any intelligence respecting their foreign affairs which he may judge proper:
That Mr. Deane be informed, that if he hath any thing to communicate to Congress in the interim, of immediate importance, he shall be heard to morrow evening, at six o'clock.
Mr. Deane, attending, was called in, and the foregoing resolutions were read to him.
Adjourned to 10 o'Clock to Morrow.
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