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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, MARCH 13, 1779.


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
SATURDAY, MARCH 13, 1779.

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Resolved, That the cloathier general and quarter master general be directed to lay before Congress, without delay, a full account of the sales and distribution of the goods taken from the inhabitants of Philadelphia, when that city was evacuated by the enemy.

A letter, of 7th, from G. Clinton, governor of the State of New York, was read;

Also a letter, of 10th, from General Washington, was read, with a letter enclosed signed James Reed, brigadier general:1

[Note 1: 1 Clinton's letter is in the Papers of the Continental Congress, No. 67, II, folio 164; that of Washington, in No. 152, VII, folio 173.]

Ordered, That the same be referred to the Board of War.

The Committee on the Treasury brought in a report; Whereupon,


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Ordered, That a warrant issue on the treasurer, in favour of William Govett, for one thousand dollars, being in full for his pay as commissioner in the chamber of accounts, from the 3d November, 1778, to the 2d March, 1779, inclusive.1

[Note 1: 1 This report, dated March 10, is in the Papers of the Continental Congress, No. 136, III, folio 159.]

That a warrant issue on the treasurer, in favour of Robert Morris, Esq. for twenty thousand six hundred and fifty dollars and 52/90, in discharge of a bill drawn by his excellency, J. Trumbull, governor of Connecticut, the 11 of February last, in favour of Monsr. Holker, and endorsed by him to Mr. Morris; the said State to be accountable.2

[Note 2: 2 This report, dated March 11, is in the Papers of the Continental Congress, No. 136, III, folio 165.]

The commissioners of accounts report,

That there is due to Colonel Jacob Stroud, for the pay, mileage, &c. of his corps of Northampton county militia, for the months of January and February, 1777, a ballance of one thousand nine hundred and fifty five dollars and 28/90ths.

That there is due to the reverend Mr. Lotbinier, as chaplain to Colonel J. Livingston's regiment, his pay and subsistance, from the 11th February, to the 10 instant, inclusive, sixty dollars.

That there is due to Mary Hurrie, for her services, sweeping and making fires in the Secretary's office up to the month of February, eighty six dollars.

That there is due to Colonel le chevalier Failly, his pay and subsistance, for the month of December last, one hundred and twenty five dollars, to be paid to Mr. de la Colombe.3

[Note 3: 3 This report, dated March 10, is in the Papers of the Continental Congress, No. 136, III, folio 161.]


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Ordered, That the said accounts be paid.

The committee, to whom was referred the petition of Claver Taylor, late of Jamaica but now of the State of Rhode island, &c. report, that having examined into the state of the facts set forth in the said petition, they find that the same are truly represented; Whereupon,

Resolved, That the petitioner have a permission to go to the island of Jamaica and import into any of the ports in the United States not in possession of the enemy, either the whole, or any part of his property and effects, and that his person and property be secure from capture or detention by any continental or private ships of war belonging to the United States, and his effects from seizure or confiscation when landed, or in their conveyance through any of the said states to the said State of Rhode island, [and that proper passports be granted to him for that purpose.]1

[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, VI, folio 13. The words in brackets were not in the original report.]

The committee to whom was referred the letter from Johnson Smith brought in a report, which was read:

The Committee to whom was referred, Johnson Smith's letter, charging Colonel Benjn Flowers and others, Superintending the public Works at Carlisle, with sundry abuses of trust reposed in them; report as follows:

That Johnson Smith was appointed contractor for Lumber, and other materials for carrying on the public works at Carlisle, by resolution of Congress, bearing date, November 11th, 1776; under which appointment it appears he purchased sundry timber Trees from divers persons at ten shillings each, and procured 106 timber Trees to be cut from Colonel Flowers' land in 1777. In the Account rendered Colonel Flowers, he charged the whole at 10/ each, the price Smith had given others, but that price not being satisfactory to Colonel Flowers, he has charged 20/ for the 106 Trees cut from his own land.

Colonel Flowers in support of said charge of 20/ per Tree, has produced testimony from other contractors of the same Department,


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that they have not purchased any timber trees for less than 20/, and by much the greater part in the year 1778, as high as 40/. He has also produced authenticated testimony, that his Account was exhibited against the public and the price of 20/ charged many months before Smith delivered him the Account: in which Mr Smith estimated them at 10/ each; and that Colonel Flowers' Account so exhibited, was made out, from an account of the number of trees previously furnished by said Smith's clerk: And it appears to Your Committee, that said Smith did not keep any regular books, but relied altogether on his memory, and a rough memorandum book, in consequence of which, his Account is so incorrect, that it could not be admitted, as a proper voucher.

Johnson Smith in a general charge against the Officers Superintending the said works, asserts that the quantity of coal for which the public has been charged more the £1300 might have been procured for £300. The only testimony he has introduced, to support said allegation, is the deposition of Felix Cortilow, declaring that he has heard said Smith urge the laborers in the coal business to be more attentive to their duty, to which said Colliers replied that they were not under his direction, and should look up to Mr Sergeant for orders, and that if they satisfied Mr Sergeant they complied with their duty. Your Committee are likewise furnished with a certificate signed Thos Wilie, Captain of Artillery and Artificers, declaring that during the time J. Smith Superintended the Colliers Department, that said Smith was so negligent of his duty, that the workmen were idle eleven days for want of coals, occasioned as alledged by Smith, by the idleness of the Colliers, but from the information given to said Willie by said Smith's Son, it appeared to have proceeded from neglect or deficiency in hauling the wood, altho' Smith was on the Spot, and drew pay from the public for two of his own Wagons, which were kept solely for that purpose.

Lastly, said Smith has asserted in charge against Colonel B. Flowers, that the Scantling and boards sawed at the Saw Mill, are charged at full price to the public notwithstanding the said Mill was erected at public expence. This allegation is entirely without support: and the Board of War has furnished ample testimony to your Committee, that Colonel Flowers has repeatedly proposed to that Board, that said Mill should be public property, which proposals were as often rejected; it being the opinion of the said Board, that it would be attended with much less expence to purchase the scantling and boards, than to erect the said Mill. But on enquiry we find, that a number of logs cut from


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Colonel Flowers' land, were used in building the Saw Mill, and that there was about 30 gallons of whiskey, and some rations found for the people who worked on said Mill, which Colonel Flowers does not at present know are credited in his Account, and if not, he ought to give credit therefor.

Upon the whole your committee are of opinion, that nothing appears to warrant the suggestions in the letter of said Smith, insinuating fraudulent designs in Colonel B. Flowers; and that he was induced to write the same rather from Motives of private and personal-Resentment, than of public Spirit.1

[Note 1: 1 This report, in the writing of Whitmill Hill, is in the Papers of the Continental Congress, No. 19, V, folio 355.]

Ordered, That a copy of the state of facts therein be referred to the auditor general.

The committee, to whom was referred the memorial of Doctor J. Morgan, late director general and physician in chief in the general hospital of the United States, brought in a report, which was read:2

[Note 2: 2 See under June 12, post.]

Ordered, To lie on the table for the perusal of the members, to be taken into consideration on Thursday next.

A representation to the committee of the general assembly of Pensylvania, respecting the five companies ordered to be raised for the defence of the western frontiers, was read; Whereupon, on motion,

Resolved, That the resolution of the 25 of February last, for raising five companies for the defence of the western frontiers, be reconsidered.

A motion was then made, that the resolution, with the representation, be referred to a committee: passed in the negative.

A question of order was then taken, whether a determination to reconsider a resolution involves a repeal of the said resolution.


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On which the yeas and nays being required by Mr. G[ouverneur] Morris,

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So it passed in the negative.

A motion was made, to repeal the resolution for raising the five ranging companies; whereupon, a question of order was taken,

Whether, if the question on the motion for repealing passes in the negative, the resolution under reconsideration will then be open to amendments.

On which the yeas and nays being required by Mr. G[ouverneur] Morris,

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So it was resolved in the affirmative.

The question put for repealing: passed in the negative.

After some farther debate,

Adjourned to 10 oClock on Monday.

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