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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 --FRIDAY, APRIL 9, 1779
A memorial, of 29 March, and one without date, from Captain John Paul Schott, were read:1
[Note 1: 1 The first memorial is in the Papers of the Continental Congress, No. 41, IX, folio 70.]
Ordered, That they be referred to the Board of War.
The Board of War having recommended the following gentlemen to be appointed 2d lieutenants in the regiment of artillery commanded by Colonel Harrison,
[Note 2: 2 This report, dated April 8, 1779, is im the Papers of the Continental Congress, No. 147, III, folio 195.]
Resolved, That the said gentlemen be appointed, and commissions granted to them establishing their ranks from the times above specified.
The Board of War report, that Mons. de Bols having had the brevet rank of major in the American army since the 5 November, 1776, and received pay and rations agreeably thereto, without having been enabled to render any service to the states, is now desirous of returning to Europe if he can obtain a supply of money to prosecute his voyage; Whereupon,
Resolved, That 12 months' pay as major be advanced to Mons. de Bois, to defray the expences of his voyage to
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France; and that he be no longer considered as an officer in the service of the United States.1
[Note 1: 1 This report, dated April 8, 1779 (present, Pickering and Peters), is in the Papers of the Continental Congress, No. 147, III, folio 193. The report added: "Mr. De Bols proposed a year ago to take a years pay and go home. He now draws forage and rations, and therefore there will be a saving by complying with his request."]
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue ou the treasurer, in favour of Alexander Fowler, Esq. auditor of the army, for five hundred dollars, in addition to a like sum advanced him on the 30th day of March last, he to be accountable.
That a warrant issue on the treasurer in favour of Mr. John Fell, a delegate from the State of New Jersey, for five hundred dollars, advanced on his application, the said State to be accountable.
That a warrant issue on the treasurer, in favour of Mr. J[oseph] Spencer, delegate from the State of Connecticut, on his application, for one thousand dollars, to be charged to the said State.2
[Note 2: 2 This report, dated April 7, is in the Papers of the Continental Congress, No. 136, III, folio 225.]
Resolved,3 That a warrant issue on the treasurer, in favour of the honorable supreme executive council of the State of Pensylvania on the application of the legislature of the said State for two millions of dollars, for which the said State is to be accountable, with interest at six per cent per annum.4
[Note 3: 3 From this point the entries are in the writing of George Bond, of the Secretary's office.]
[Note 4: 4 This report, dated April 6, is in the Papers of the Continental Congress, No. 136, III, folio 223. The Committee reported first on this proposition April 3, but that report was recommitted.]
The Committee on the Treasury, to whom was re-committed their report of the 19th December on the memorial of Captain John Sutton, having reconsidered the said
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memorial, and been attended by Captain Sutton with his proofs, report,
That the committee are fully satisfied of the truth of the said memorial, and that the money mentioned in the said memorial, viz. nine hundred and fifty six and 75/90 dollars, due to the commissary's department, being a balance in his hands for the time he acted in that department for the 1st Virginia regiment; and three thousand eight hundred and forty four and 11/90 dollars in his hands as pay master to the said regiment, was stolen from his tent without any negligence or default on his part: that on the contrary it appears that he used all the precaution in his power for its safe custody: that he took pains and offered to settle his accounts:
That he applied for a guard to watch at his tent, which was not granted: that he removed the money with him when he went abroad in the day into the tents of officers of the army who were his friends: that he entreated the deputy pay master general to suffer it to be lodged in the military chest, which was refused, because there was no room for it; and, lastly, that the proof of the theft is clear and satisfactory; Whereupon,
Resolved, That two certain sums of nine hundred and fifty six and 75/90 dollars, and three thousand eight hundred and forty four and 11/90 dollars, stolen from Captain John Sutton, pay master of the 1st Virginia regiment, be allowed and passed to his credit on the settlement of his public accounts.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No, 136, III, folio 227.]
On motion by the committee appointed to superintend the publication of the journal:
Resolved, That David C. Claypoole, be appointed to print for Congress.
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The committee, to whom was referred the petition of Gideon Olmstead and others, claimants of the sloop Active, brought in a report:
The Committee appointed to confer with the joint Committee of the General Assembly and Executive Council of Pennsylvania, on measures to carry into execution the Decree of the Court of Appeals, in the case of the Sloop Active, Report:
That your Committee have conferred with the said joint Committee, and are informed by the said joint Committee that they knew of no measures which the General Assembly could constitutionally adopt to carry the said Decree into Execution.
Your Committee beg leave to report the following Resolutions:
Resolved, That an order be drawn on the Continental Treasurer, in favour of the appellants in the above case, for a sum equal to the amount of sales of the said Sloop Active and Cargo, and the Costs decreed in the Court of Appeals.
Resolved, that the State of Pennsylvania be charged with the said order, saving nevertheless to the said State a Right to shew cause why the said State should not be chargeable therewith.1
[Note 1: 1 This report, in the writing of William Paca, is in the Papers of the Continental Congress, No. 20, II, folio 53. It is endorsed: "April 9. Postponed. April 18, postponed to Wednesday. April 24. Further postponed to 15 September next."]
Ordered, That the consideration thereof be postponed.
A letter, of the 6, from the commissioners of accounts, was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XV, folio 437.]
Congress resumed the consideration of the report of the Committee on Foreign Affairs; and some time being spent thereon,
Adjourned to 10 oClock to Morrow.
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