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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 --WEDNESDAY, FEBRUARY 17, 1779
A memorial from Brigadier W. Thompson and others, prisoners on Long island, was read:
Ordered, That it be referred to a committee of three: The members chosen, Mr. [Samuel] Atlee, Mr. [James] Duane, Mr. [Eliphalet] Dyer.
A letter, of 13, from J. Beatty, commissary general of prisoners, was read, with a letter to him enclosed from James Dick, secretary to Admiral Gambler:2
[Note 2: 2 The prisoners' memorial is in the Papers of the Continental Congress, No. 41, X, folio 59; Beatty's letter is in No. 78, III, folio 291; that of Dick, on folio 273.]
Ordered, That it be referred to the committee on the letter from Admiral Gambier.
A letter from Lieutenant [John de] Fontevieux,3 a volunteer in Colonel Armand's corps, was read, praying to be admitted to serve the ensuing campaign as a supernumerary lieutenant in the said corps:
[Note 3: 3 The letter of Fontevieux is in the Papers of the Continental Congress, No. 78, IX, folio 225. The inclosing letter, on folio 239, is dated January 13, 1779.]
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Resolved, That his prayer be granted.
A memorial from W. Stewart, assistant commissary of purchases and issues, at Wyoming, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [John] Witherspoon, Mr. T[homas] Adams, and Mr. [James] Searle.
A letter, of 25 January, from J. Dodge at Pittsburg:
One, of 9th instant, from Lieutenant Colonel Cambray, at Baltimore, and one, of 16, from Brigadier, Count Pulaski, were read:
Ordered, That they be referred to the Board of War.
A letter, of 2, and one, of 9th, from G. Clinton, governor of New York; also,
A letter, of 6, from B. Harrison, jun. deputy paymaster in Virginia; one, of 15, from Colonel Armand, Marquis de la Rouerie, and a petition from Michael Comyn, of Marseilles, in France, were read.
A letter from Sarah Kennedy was read; Whereupon, the Committee of the Treasury, having reported on the memorial of S. Kennedy, the same was taken into consideration, and a motion being made thereon,1
[Note 1: 1 The letter of Dodge is in the Papers of the Continental Congress, No. 78, VII, folio 235; that of Cambray, in No. 78, V, folio 315; that of Pulaski, in No. 164, folio 90; those of Clinton, in No. 67, II, folios 148 and 160; that of Harrison, in No. 78, XI, folio 401; that of Armand, in No. 164, folio 400; the petition of Comyn, dated June 30, 1778, in No. 42, II, folio 54; and that of Kennedy, in No. 78, XIII, folio 497.]
Treasury Office, February 13, 1779.
The Committee on the Treasury have agreed to report the following resolutions:
The Committee on the Treasury, to whom was referred the Memorial of Sarah Kennedy, widow of Dr Samuel Kennedy, deceased, having taken the same into consideration, beg leave to report the following state of facts and resolutions. Doctor Kennedy being owner of the place or farm called the Yellow Springs, leased it to one Samuel Culbertson for ten years commencing the first day of April, 1774, reserving to himself the privilege of building houses and water works of
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any kind on the premises during the term, and allowing the Tenant such sum for damages as should be adjudged by three men indifferently chosen.
The above mentioned place was conceived proper for an hospital, which was accordingly erected at a great public expense with the approbation of Doctor Kennedy, who himself was afterwards a Physician in the service of the United States, and had the care of that Hospital. Sometime afterwards a dispute arose between the tenant and the Director General of the Hospitals respecting the compensation which was due to the tenant for the loss he sustained by the erection of the Hospital: an arbitration was entered into formally, and an award made in favor of the Tenant for six hundred pounds damages. The Director, dissatisfied with the award, laid the case before the Board of Treasury, who on the 16th July, 1777, gave their opinion, that the damages were excessive and ought not to be allowed; that it would be sufficient for the public use to retain a few acres of the farm for a garden, and the necessary buildings, that the dwelling house and the rest of the farm should be restored to the Tenant as soon as possible; that he should be allowed a reasonable compensation for the rent of the farm and his actual damages (of which he was directed to make a report), and for the rent of the ground to be reserved for the use of the Hospital; and that an agreement should be made with Kennedy for his title to the ground to be retained for the public use. The direction of the Board of Treasury on this subject is annexed. The Board have received no further report or information respecting the said Hospital, until the petition under consideration was presented to Congress. By the death of Dr. Kennedy it is now impracticable, without the aid of the Legislature of the State of Pennsylvania, to obtain a title to the ground on which the Hospitals are built, his Executors having no power to sell.
On this State of facts your Committee submit the following Resolutions:
Resolved, that the Legislature of the State of Pennsylvania be requested to pass a Law, to authorize three Commissioners to be appointed by them, to appraise on oath as much of the said farm (not exceeding ten acres) as they shall judge to be necessary and convenient for the said Hospital, and to vest the title of the said land in the President of Congress of the United or Confederated States and his successors in office forever for the use of the said States.
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Resolved, that Congress will pay the price or value so to be ascertained, to such persons and in such manner as the said Legislature shall direct.
Resolved, That the Commissioners so to be appointed shall have full power and authority to ascertain what is justly due to the Tenant of the said Farm for the rent of that part thereof which has hitherto been occupied for the benefit of the Hospital.
Resolved, that the claim of the said Mrs Kennedy for waste and damages alledged to be done to the said farm by the Soldiers residing in the said Hospital, be deferred till other claims of a similar nature throughout the United States shall be taken into consideration.
Whereas it is represented that allowances have in some instances been made in the Quarter Master General's Department for Damages done by the troops of these United States to the possessions of the Inhabitants,
Resolved, that such allowances are not warranted by any Resolution of Congress and ought not to be made until some general rule may be established for doing equal justice in all similar cases throughout the United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 19, III, folio 327. On folio 331 is the following, in the writing of Gouverneur Morris:
"That by the consent of the Executors of the will of Doctor Kennedy application be made to the Legislature of Pennsylvania by the Director General to vest the estate mentioned in the said Petition in the President of Congress and his Successors in office upon payment to the use of the devisees and legatees in the full value of the said estate, to be ascertained by Commissioners to be appointed by a law of said State for that purpose."
The report of the Board of Treasury, of July 16, 1777, on Culbertson's claim, is on folio 333.]
Ordered, That the consideration thereof be postponed.
A letter, of 9 September; one, of 30th September, one of 19 October; one, of 4 November; one, of 18, and one, of 20th November, from A. Lee Esq. at Paris, with sundry papers enclosed, were read:2
[Note 2: 2 These letters are printed in the Diplomatic Correspondence of the American Revolution (Wharton), II, 704, 751, 800, 828.]
Ordered, That the same, together with the communications of the Minister Plenipotentiary of France, in his memorial of the 9, and in the private audience on the 15, be referred to a committee of five:
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The members [chosen], Mr. G[ouverneur] Morris, Mr. [Thomas] Burke, Mr. [John] Witherspoon, Mr. S[amuel] Adams, and Mr. M[eriwether] Smith.
Adjourned to 10 o'Clock to Morrow.
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