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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, JULY 21, 1779
An appeal from the court of admiralty for the State of New Jersey on the libel Oliver Gleason and Samuel Ballv shipMermaid, Job Carr andal. claimants, was lodged with the Secretary and referred to the Committee on Appeals.
The committee on the memorial of Captain J. G. Duarti, and the reports thereon, according to order brought in a report; Whereupon,
Resolved, That the Board of War at Boston forthwith deliver to the said John Garcia Duarti, if he shall require it, or to his order, all the coin now in their hands, and all the goods yet unsold, being parts of the cargo of the snow "Nostra Senhora del Carmel et Saint Antonio."
On the question to agree to this, the yeas and nays being required by Mr. [Henry] Laurens,
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So it passed in the affirmative.
Resolved, That authenticated copies of the said memorial and representation of the said John Garcia Duarti, and all the other papers relative to the said snow, her cargo, and proceedings had thereon, be transmitted to his excellency the governor of the State of Virginia, and like copies transmitted to his excellency the president of the State of Pensylvania, and to the honorable the council of Massachusetts bay; and that it be recommended to the said powers respectively to cause the most speedy and effectual measures to be taken, that full reparation and satisfaction be made and given to the said John Garcia Duarti, and the owners of the said snow and cargo, for the injury sustained in the capture and detention of the said snow by Joseph Cunningham, late commander of the private armed schoonerPhoenix, as appears from the papers and exhibits afore mentioned.
Resolved, That it be further recommended to the said powers, that the most effectual measures be taken, within their respective jurisdictions, for apprehending and bringing to condign punishment the said Joseph Cunningham, Carter Braxton, and any other person or persons that may be justly deemed guilty of the seizing and capture of the said John Garcia Duarti, with the said snow, her crew and cargo, in violation of the laws of nations; to the end, that the good faith and honour of these United States, the rights of neutrality and laws of nations, may be inviolably maintained and supported:1
[Note 1: 1 This report, in the writing of Samuel Huntington, is in thePapers of the Continental Congress, No. 44, folio 5.]
On the question for inserting "Carter Braxton," which was moved by Mr. [Elbridge] Gerry and seconded by Mr. [Henry] Laurens, the yeas and nays being required by Mr. [Cyrus] Griffin,
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So it was resolved in the affirmative.
On the question to agree to the resolution, the yeas and nays being required by Mr. [Henry] Laurens,
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[Note 1: 1 An error in the entry; the vote should be carried out as ay.]
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So it was resolved in the affirmative.
A letter, of the 20, from the Board of War was read,1 representing the difficulties they incur by taking order on the petition of Captain Macpherson; Whereupon a motion was made by Mr. [James] Duane, seconded by Mr. [Henry] Marchant,
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 147, III, folio 541.]
That the Board of War be directed to supply Captain Macpherson with the powder for which he petitions, not exceeding 1300 lb.
On which the yeas and nays being required by Mr. [William] Whipple,
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So it was resolved in the affirmative.
Adjourned to 10 oClock to Morrow.
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