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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, JULY 17, 1779


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

Journals of the Continental Congress, 1774-1789
SATURDAY, JULY 17, 1779

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A letter, of 17th, from Ann Conyngham, and a petition from a number of the inhabitants of Philadelphia, were read, representing that Captain Gustavus Conyngham, now a prisoner with the enemy, is closely confined and ordered to be sent to England, and praying that measures may be taken for the security of his person:3

[Note 3: 3 The letter of Ann Conyngham is in thePapers of the Continental Congress, No. 78, V, folio 371; the Pennyslvania petition, dated the 14th, is in No. 42, VI, folio 218.]

Ordered, That the same be referred to a committee of three:

The members chosen, Mr. [Gouverneur] Morris, Mr. [John] Dickinson, and Mr. [William] Whipple.

A letter, of 16, from the Board of War, was read, representing the necessity of providing cloathing for the officers in the army.4

[Note 4: 4 This letter is in thePapers of the Continental Congress, No. 147, III, folio 533.]

The Board of War, to whom was referred a petition from Mr. Samuel de Lucena, brought in a report; Whereupon,

At a Board of War,July 16, 1779.

Present, Col Pickering and Mr Peters.

The Board having considered the Memorial of Mr Samuel De Lucena, beg leave to report:

That it does not appear to us that Mr De Lucena, had any personal encouragement for the search for Sulphur Mines from Congress, or any


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Committee thereof, nor can we find any promises of reward held out to persons who should engage in such enquiries.

That altho' the memorialist (being well affected as we believe to the American cause) might have been prompted by a desire to serve the public, yet it is reasonable to presume that his predominant views were the private advantage he should gain, had his endeavors proved fortunate, by the high price of the Article its scarcity created. And as by a compliance with the memorialist's wishes a disagreeable precedent might be established for indemnifying all persons who have engaged in similar pursuits, from which no advantages have arisen to the public, the Board conceive it is expedient and proper that it should be

Resolved, That Mr. Samuel de Lucena has no just claim upon the United States for a reimbursement of his expences incurred in searching for sulphur mines, as set forth in his petition.1

[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, III, folio 537.]

On a recommendation and report of the Board of War,

Resolved, That William Wallace be appointed second lieutenant in Colonel Harrison's regiment of artillery, his commission to bear date May 1, 1779: that John Carson be appointed second lieutenant in ditto, his commission to bear date May 2, 1779: that Benjamin Mosely, Jun. be appointed second lieutenant in the said regiment, his commission to bear date May 3, 1779: that Alexander Thompson be appointed second lieutenant in Colonel Lamb's regiment of artillery, his commission to bear date May 31, 1779: that Henry Savage and Moses Porter be appointed second lieutenants in Colonel Crane's regiment of artillery, their commissions to bear date April 21, 1779.2

[Note 2: 2 This report, dated July 14 (present, Pickering and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 517.]

The commissioners of claims at the Treasury report,

That there is due to William Mentz, for red ink delivered the Inspectors of the press, the sum of one hundred dollars.3

[Note 3: 3 Against this paragraph Jay wrote: "July 17, Committed to Treasury to take order."]


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That there is is due to Jonathan Gostelowe, for his services as an assistant commissary of military stores from August 1, 1776, to the 1st of February, 1777, being six months at forty dollars per month, the sum of two hundred and forty dollars.

That there is due to John Dunlap, for the amount of his account for newspapers, printing the 3d volume of the Journals of Congress, paper, &c. the sum of five thousand seven hundred and fifty six dollars.

That there is due to William Hurrie, for sundry services performed, and articles furnished for the use of Congress, the sum of one hundred and one dollars.

That there is due to the Reverend Monsr. Lotbinier, his pay and subsistance, as chaplain to Colonel Livingston's regiment, from June 10th to July 10, sixty dollars.1

[Note 1: 1 This report, dated July 10, is in thePapers of the Continental Congress, No. 136, III, folio 465.]

Ordered, That the said accounts be paid.

Ordered, That so much of the report of the commissioners, as relates to William Mentz, be referred to the Board of Treasury, and that they take order thereon.

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

Ordered, That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for five hundred and forty three thousand six hundred and eighty four dollars, which he is to transmit to John Lawrence, Esq. commissioner of the continental loan office for the State of Connecticut for the purpose of exchanging bills of the emissions of the 20 May, 1777, and April 11, 1778, for which the said commissioner is to be accountable.2

[Note 2: 2 This report, dated July 16, is in thePapers of the Continental Congress, No. 136, III, folio 481.]

That a warrant isue on the treasurer, in favour of Joseph Carleton, Esq. paymaster to the Board of War and Ordnance, for two millions nine hundred and sixty nine thousand two


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hundred and eighty two dollars, of which he is to transmit nine hundred and eighty thousand nine hundred and seventeen dollars to Derck Ten Broeck, Esq. commissioner of the continental loan office for the State of New York, and one million nine hundred and eighty eight thousand three hundred and sixty five dollars to Thomas Harwood, Esq. commissioner, as aforesaid, for the State of Maryland, for the purpose of exchanging bills of the emissions of May 20, 1777, and April 11, 1778, the said commissioners to be respectively accountable.

Resolved, That a warrant issue on the treasurer, in favor of Captain Bancke, for 3000 dollars, in consideration of the peculiar circumstances of his case, the expences he has incurred by coming to these States and offering his services in the Continental army; the said sum being advanced him in order to enable him to return to Europe; for which he is to be accountable.

That a warrant issue on the treasurer, in favour of Robert Troup, Esq. secretary to the Board of Treasury, for fifteen hundred dollars, on account of his salary; for which he is to be accountable.1

[Note 1: 1 This report, dated July 13, is in thePapers of the Continental Congress, No. 136, III, folio 475.]

That a warrant issue on the treasurer, in favour of John Beatty, commissary general of prisoners, for ten thousand dollars, for the use of his department; and for which he is to be accountable.

That a warrant issue on the treasurer, in favour of William Palfrey, Esq. paymaster general, for one million of dollars, to be by him transmitted to John Pierce, Esq. deputy paymaster general, for the use of the main army, and for which he the said deputy paymaster general is to be accountable.

That a warrant issue on the treasurer, in favour of William Young, steward to the President of Congress, for one thousand dollars, for which he is to be accountable.


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That a warrant issue on the treasurer, in favour of John Biddle, Peter Thomson, Isaac Howell, Nathaniel Falconer and Isaac Snowden, inspectors of the continental press, for two thousand dollars, on account of contingent expences for their department, and for which they are to be accountable.

Resolved, That five million one hundred and eighty dollars be emitted on the faith of the United States, and under the direction of the Board of Treasury, in bills of the following denominations, viz.

That the said bills, excepting the numbers, be of the same tenor and date as those emitted the 7th day of May last, and be numbered from the last number in each respective denomination progressively.

Resolved, That a further sum of ten million one hundred dollars, in bills of credit of the United States, be emitted under the direction of the Board of Treasury, and on the faith of the United States;

That the bills shall, excepting the numbers, be of the same tenor and date as the emissions directed on the 4th June last, and be numbered from the last number in each denomination progressively, and consist of the following denominations, viz:

On application of the Committee of Commerce,

Resolved, That a commission for a private vessel of war be granted to the said Committee of Commerce, to be by them granted to such person as they judge proper, under the same conditions as the like commissions are granted by the respective states.

The committee to whom were referred the petition and letter respecting Gustavus Conyngham, brought in a report; Whereupon,

Resolved, That the following letter from the secretary of Congress be written to the admiral or other commanding officer of the fleets or ships of his Britannic Majesty, lying in the harbor of New York:

Sir: I am directed by the Congress of the United States of America to inform you that they have received evidence that Gustavus Conyngham, a citizen of America, late commander of an armed vessel in the service of the said states, and taken on board a private armed cutter, hath been treated in a manner contrary to the dictates of humanity and the practice of Christian civilized nations. I am ordered in the name of Congress to demand that good and sufficient reasons be given for this conduct, or that the said Gustavus Conyngham be immediately released from his present rigorous and ignominious confinement.

With all due respect, I have the honor to be,
Sir, your most obedient and humble servant.

Resolved, That unless a satisfactory answer be received to the aforegoing letter on or before the first day of August next, the Marine Committee do immediately cause to be confined, in close and safe custody, such and so many persons as they


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may think proper, in order to abide the fate of the said Gustavus Conyngham.

Ordered, That the above letter be immediately transmitted to New York by the Board of War, and that copies of the said letter and resolution be delivered to the wife of Captain Conyngham and to the petitioners.

Congress resumed the subject under debate the first of this month; and the third proposition and the amendment being read, a motion was made by Mr. [Samuel] Huntington, seconded by Mr. [William Henry] Drayton, that the farther consideration thereof be postponed.

On the question for postponing, the yeas and nays being required by Mr. [Elbridge] Gerry,

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So it was resolved in the affirmative.

The fourth proposition was then read, "That the "faith of Congress be pledged to the several states, "that, without their unanimous consent, no treaty of "commerce shall be formed with Great Britain previous to such stipulation."

A motion was made by Mr. [Samuel] Huntington, seconded by Mr. [Thomas] M'Kean, to amend the latter part so as to read, "no treaty of commerce "shall be entered into, or any trade or commerce "whatsoever carried on with Great Britain, without "an explicit stipulation on her part, not to molest or "disturb the inhabitants of the United States of America "in taking fish on the banks of Newfoundland, "and other fisheries in the American seas any where, "excepting within the distance of three leagues of the "shores of the territories remaining to Great Britain, " at the close of the war, if a nearer distance cannot "be obtained by negotiation."1

[Note 1: 1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.]

Adjourned to 10 oClock on Monday.

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