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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, MARCH 22, 1779
The commissioners report,
That there is due to Captain John Jamison, of Colonel Baxter's regiment of the Pensylvania flying camp, for his pay, rations or subsistance during his captivity, from the 16 of November, 1776, to the 21 September, 1778, inclusive,
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a balance of five hundred and eighty nine dollars and 6/90ths.
That there is due to John Nicholson for cash paid to Martin Benner for sawing, carrying in and pileing wood for Congress, in November last, thirty five dollars.1
[Note 1: 1 This report, dated March 20, is in the Papers of the Continental Congress, No. 136, III, folio 185.]
Ordered, That the said accounts be paid.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Charles Stewart, commissary general of issues, for one hundred and twenty thousand dollars, for the use of his department, he to be accountable.
Resolved, That the commissioners of claims be directed to adjust the accounts of Captain William Peery, and make him a reasonable allowance for his expences in applying, from time to time, to Congress, for money to pay the officers and soldiers of his independent company.
The Committee on the Treasury, to whom was referred the memorial of Jesse Brown, [of 16th instant] respecting his account as passed by the commissioners, report, that the balance of 4740 dollars, reported by the commissioners to be due to Jesse Brown, for riding express between 16 November, 1777, and 38 March, 1779, inclusive, be paid.2
[Note 2: 2 This report, dated March 20, is in the Papers of the Continental Congress, No. 136, III, folio 187. The paragraph on Captain Peery was based upon his petition of February 2, 1779.]
Whereupon, it was moved by Mr. [Jesse] Root, and seconded by Mr. [Eliphalet] Dyer, to strike out the sum 4740, and insert 5171.
On which the yeas and nays being required by Mr. President,
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So it passed in the negative.
On the question, Ordered, That the sum of 4740 dollars, reported by the commissioners to be due to Jesse Brown for riding express between 16 November, 1777, and 3 March, 1779, inclusive, be paid.1
[Note 1: 1 This report, dated March 12, is in the Papers of the Continental Congress, No. 186, III, folio 167. The commissioners added the following comments:
"Although we have cut off all his expenses, 350 which he charged, we think the deduction still very moderate as his demand is the most exorbitant of the kind that was ever exhibited to the Commissioners--
"March 16th., 1779
"We have reconsidered our report of the 12th instant on Jesse Brown's account, of which the above is a copy, and are still of opinion that we have made him a very generous allowance; The reasons which induced us to do so are these: He declares, and we have reason from other good information to believe it, that he always rode his own horses, and that he constantly kept two for that purpose only, he likewise declares that he never drew any forage, nor had his horses supported at the public expense wherever he went, nor had he ever any horse furniture, or any thing else belonging to the public--In all these circumstances we apprehended his ease is different from that of other Express riders, who are furnished with horses, forage and furniture at the public expense, and for that reason have always been allowed less than we now allow him--By a Resolve of Congress and a certificate from the Honble Henry Laurens Esqr, late President, it appears that Mr. Brown has performed his duty with much punctuality, fidelity and dispatch--
"All which we respectfully submitt,
"Jas. Milligan
"R. Smith"
The subject was again inserted in a report of the committee dated March 20.]
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The committee appointed to confer with the Commander in Chief brought in a report on the cloathing department:
Ordered, That the consideration thereof be postponed till to morrow.
Congress resumed the consideration of the report of the committee of the whole, and after some time spent thereon,
Ordered, That the farther consideration thereof be postponed till to Morrow.
Congress resumed the consideration of the report of the committee of the whole; and the third resolution reported by the committee as one of the ultimate being under debate, and being in the words following:
3. That a common right in these states to fish on the coasts, bays and banks of Newfoundland and gulf of St. Lawrence, coast of Labrador and straits of Belleisle, be acknowledged; and in case of refusal, that the war be continued, unless the circumstances of our allies shall be such as to render them utterly unable to assist in the prosecution of the war; in which ease, as ample privileges in the fishery be insisted on, as can possibly be obtained:
That in case Great Britain should not be prevailed on either to cede, or declare Nova Scotia independent,
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the privilege of curing fish on the shores and in the harbours of Nova Scotia be required--
In lieu thereof a substitute was moved by Mr. [Gouverneur] Morris, in the words following, viz.
"That an acknowledgment be made by Great "Britain of a common right in these states to fish on "the coasts, bays and banks of Nova Scotia, the "banks of Newfoundland and gulf of St. Lawrence, "the coasts of Labrador and straits of Belleisle, and "a stipulation for the right of curing fish on the shores "of Nova Scotia. Provided always, that the allies of "these states shall be in circumstances to support "them in carrying on the war for such "acknowledgment and stipulation; but that in no case, by any "treaty of peace, the common right of fishing as "above described be given up."1
[Note 1: 1 This motion, in writing of Gouverneur Morris, is in No. 36, III, folio 495.]
The substitute being adopted, and under debate.
A motion was made by Mr. M[eriwether] Smith, seconded by Mr. [Thomas] Burke, to strike out the words, "and a stipulation for the right of curing fish on "the shores of Nova Scotia," and also the words, "and "stipulation," after the word "acknowledgment."
And on the question, Shall those words stand, the yeas and nays being required by Mr. M[eriwether] Smith--
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So it passed in the negative, and the words were struck out.
A motion was then made by Mr. [William Henry] Drayton, seconded by Mr. G[ouverneur] Morris, to strike out the words, "provided always, that the allies "of these states shall be in circumstances to support "them in carrying on the war for such acknowledgment."
And on the question, Shall those words stand, the yeas and nays being required by Mr. [William Henry] Drayton,
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So it was resolved in the affirmative.
A division was then called for; and on the question to agree to the first part as amended, including the proviso, the yeas and nays being required by Mr. [William] Ellery,
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So it was resolved in the affirmative.
On the question to agree to the second part,
Resolved, in the affirmative.1
[Note 1: 1 The proceedings on this day, in the writing of Charles Thomson, are in the Papers of the Continental Congress, No. 36, III, folio 487. With them is a slip, in the writing of William Henry Drayton, as follows: "and provided also that nothing herein contained shall be construed in any degree to violate the Treaty of Paris of 1778." The proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.]
The article as amended and agreed to is as follows:
3. That an acknowledgment be made by Great Britain of a common right in these States to fish on the coasts, bays and banks of Nova Scotia, the banks of Newfoundland, and gulf of St. Lawrence, the coasts of Labrador and straits of Belleisle. Provided always, that the allies of these States shall be in circumstances to support them in carrying on the war for such acknowledgment; but that in no case, by any treaty of peace, the common right of fishing as above described be given up.
Adjourned to 10 o Clock to Morrow.
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