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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 --THURSDAY, JANUARY 21, 1779
A petition from John Henderson and Ichabod Holloway, claimants of the schooner, John and Sally, was read:
Ordered, That it be referred to the Committee on Appeals.
A letter from sundry officers of Colonel Procter's regiment of artillery was read, desiring to be appointed signers of bills of credit:
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Ordered, That it be referred to the Board of Treasury.
The order of the day was called for to consider.
On motion,
Resolved, That the report of the Committee on Appeals, received the 19 instant, be referred to a committee of five, who shall examine into the principles of the powers of the said Committee on Appeals, and the causes of the refusal of the judge of the court of admiralty in the State of Pensylvania to execute their decree, in the case therein mentioned, and report thereon specially to Congress:
The members chosen, Mr. [Thomas] Burke, Mr. [William] Paca, Mr. [Jesse] Root, Mr. [Eliphalet] Dyer, and Mr. M[eriwether] Smith.
A memorial from the hon. Sieur Gérard, minister plenipotentiary of France and consul general, was read, enclosing a commission of consul in the port of Boston and other ports in Massachusetts bay, to Sieur Valnais:
Ordered, That the same be referred to the Marine Committee, and that they be instructed to enregister the commission, and return the original to Mr. Valnais, and take the proper measures for making him known to all whom it may concern, as consul of France in the State of Massachusetts bay.
Congress took into consideration the report of the committee on the letter from the honble Sr. Gérard, to the Marine Committee, and after sometime spent thereon:
The Committee, to whom was referred the letter from the Honorable Sr. Gérard Minister Plenipotentiary from his most Christian Majesty, beg leave to Report,
That Congress, on the 13th day of July last, Resolved that the Commissary General should be directed to furnish the French squadron under Mons. Le Compte d'Estaing, Vice Admiral of France, with such provisions from time to time as should be directed by the Marine Committee, and to make return of his proceedings and expenditures on this occasion to that Committee.
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That considerable quantities of provisions have agreeably to the said Resolution been supplied for the use of the said Fleet.
That your Committee have enquired into any promises which may have been made by the Marine Committee, and which were not complied with, for any further supply of flour, and for fuller information have obtained a Report of the Marine Committee thereupon, which is hereunto annexed.
That your Committee have conferred with the Commissary General of Purchases on the obligations he was under to supply flour for the said fleet--the practicability of a compliance, and the expediency of authorizing the minister's agent to purchase flour in Virginia or Maryland, independently of the Commissary General: on all which points they have obtained his official Report, which is also annexed.
That your Committee upon the whole are of opinion that the request of the said Minister to be supplied with flour out of the public Magazines, or for leave to purchase it in Virginia or Maryland by his own agents, cannot be granted without hazarding the subsistence of the armies of these United States: the Commissary General having expressly reported, that he had reason to believe that the United States will not afford more flour than is necessary for their consumption until the next Harvest.
Your Committee do therefore advise that a candid representation of the facts relative to the supplying the French squadron under the command of the Count d'Estaing with flour, be made to the Sr. Gérard, the Minister of his Most Christian Majesty, as well to prevent any misunderstanding, as to enable him to take reasonable measures for drawing supplies of Flour for the said Fleet from Europe.1
[Note 1: 1 This report, in the manuscript of James Duane, is in the Papers of the Continenta Congress, No. 25, I, folio 63. It is endorsed: "Debated January 21; referred over to 22." Other papers relating to this subject are in No. 29, folios 125--148.]
Ordered, That the farther consideration thereof be postponed till to morrow morning.
The Committe on the Treasury brought in a report; Whereupon,
Resolved, That the pay master of the Board of War and Ordnance, be directed to carry into execution the resolution of Congress of the 12 January, for exchanging bills of the emissions of May 20, 1777, and April 11, 1778, so
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far as respects officers and soldiers in this city, transmitting an account of such exchanges to the pay master general, or deputy pay master of the department to which such officers and soldiers respectively belong.
Whereas in adjusting the accounts of the army, many inconveniences to the public as well as individuals have arisen from the distance of the offices of the auditors and pay master general from the quarters of the commanding officer, and for remedy thereof the provision already made is inadequate to the purpose:
Resolved, That the auditors of the army, and the pay master or deputy pay master general, be authorized to provide for themselves respectively, from time to time, a convenient house near head quarters for an office; that they be not precluded from their choice, unless by order of the Commander in Chief, or commanding officer of the department, and that no other officer be quartered therein.
Whereas the militia furnished by the State of Virginia have received supplies of money from the continental treasurer, pay master general, and deputy pay master general in the said State, in addition to the sums that may have been advanced by the said State:
Resolved, That the auditor general and auditors of the army, be respectively directed to transmit to his excellency the governor of the said State, all accounts in their offices of moneys advanced as aforesaid, that effectual measures may be taken by the State for preventing loss to the public, as well as to individuals, in the settlement of the said accounts.
Ordered, That a warrant issue on the treasurer, in favour of Major John Clark, auditor in the army, for six hundred dollars, advanced him on account.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, III, folio 49.]
LC
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Report of commercl Comtee respectg Curson's Demands. Commercial Committee, 21st January, 1779:
Your Committee beg leave to report that there is due to Mr Saml Curson, your Agent at St Eustatia, ninety six thousand Continental dollars, which he proposes receiving in Loan office Certificates, provided he can be indemnified in case they should be taken or destroyed in sending them to St Eustatia. The Committee request the opinion of Congress hereon.1
[Note 1: 1 This report, in the writing of Francis Lewis, is in the Papers of the Continental Congress, No. 36, IV, folio 267.]
Adjourned to 10 o'Clock to Morrow.
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