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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, SEPTEMBER 4, 1779
Congress being informed that Mr. W[illiam] H[enry] Drayton, one of the delegates for the State of South Carolina, died last night, and that circumstances required that his remains be interred this evening:
Resolved, That Congress will, in a body, attend the funeral this evening, at six o'clock, as mourners, with a crape round the left arm, and will continue in mourning for the space of one month.
Resolved, That Mr. [Henry] Laurens, Mr. [John] Mathews, and Mr. [Cornelius] Harnett, be a committee to superintend the funeral; and that the Rev. Mr. White, the attending chaplain, be notified to officiate on the occasion:
That the said committee be directed to invite the general assembly and the president and supreme executive council of Pensylvania, the Minister Plenipotentiary of France, and other persons of distinction now in town, to attend the funeral.
The Board of War, to whom was referred the letter of Major General Gates, report, that they have conversed with the gentleman stiling himself le Baron de Benyowsky, mentioned in General Gates's letter; that they know nothing from any testimonials he produces except his having a letter directed to General Pulaski, who he says is his half brother, and to whom he now desires only the means of going; whereupon,
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It should seem that if he was an Impostor, he would not wish to go where he can be so easily detected. We leave the determination, as it is our duty, to Congress, and if they are satisfied on the subject, we take the liberty of reporting:
Resolved, That Mons. le Baron de Benyowsky be supplied with an horse and one thousand dollars, to enable him to proceed to General Pulaski, now with the southern army.1
[Note 1: 1 This report, dated September 3, is in the Papers of the Continental Congress, No. 147, II, folio 441.]
A letter, of this day, from Lieutenant Colonel Knobelauch, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XIII, folio 541.]
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [Frederick A.] Muhlenberg, Mr. [Henry] Marchant, and Mr. [Meriwether] Smith.
A letter, of this day, from S. Deane, was read.
Ordered, That copies of the resolutions of Congress relative to the capture of the snow Nostra Senhora del Carmel et St. Antonio, Captain Duarti, be sent by the Committee for Foreign Affairs by different conveyances, to the Minister Plenipotentiary of the United States at the court of France, to be by him communicated to the court of Lisbon.
The committee, to whom was referred the letter from William Bingham, Esq. dated July the 6, 1779, report,
That the two cases mentioned in the said letter appear as follows:
First. Elisha Gaine, a native and citizen of the State of Connecticut, on the fifth day of October last, sailed from Matchepungo inlet in the State of Virginia, as master of the sloop Kitty, belonging to Mess. Edward Custis, Isaac and Thoroughgood Smith & Co. inhabitants and citizens of Virginia, aforesaid; The sloop was cleared out for St Domingo, but the owners ordered him to proceed to Bermuda to procure a load of salt. A master and part of a crew embarked
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on board the said sloop for Bermuda, to take charge of a vessel which his owners had built there. Bad weather and contrary winds induced him to bear away for St. Eustatia, and in that course, on the 22d day of November, he fell in with an armed sloop of eight guns which gave him chase under English colours, and which he believed to be a British privateer. This induced him to throw over board a letter he had from his owners directed to a merchant in Bermuda, which he had orders to do, if closely pursued: When the privateer came up with him, she fired under French colours, upon which he immediately hove to, thinking her to belong to subjects of his most Christian Majesty. He was brought on board the privateer with his mate, a mariner and a passenger,1 and carried to Basse terre in Guadaloupe; and there he and all his crew were thrown into goal, kept in the closest confinement, and his sloop was tried and condemned as lawful prize in the court of admiralty, and the vessel and cargo sold for the benefit of the captors.2
[Note 1: 1 The original report continued: "where they were treated with great indignity and pillaged of all their money and wearing apparel."]
[Note 2: 2 The original report contained the following: "He signed several papers in the French language, which he did not understand, being terrified thereto (as he alledges on oath) by threats of imprisonment, not knowing what he signed."]
William Bingham, Esq. agent for the United States at Martinique, complained of this proceeding to the Count D'Arbaud, governor general of Basse terre, Guadaloupe, in a letter, dated, 8 December, 1778. The Governor in his answer, of the 18 of the same month, justifies the sentence of the court of admiralty, and alledges that the reasons on which the same was grounded, to wit, the throwing papers over board and having two blank passports, were sufficient.
Secondly. Mr. Benjamin Putnam, a native and citizen of the State of Massachusetts bay, embarked on board an American privateer, which was captured by the enemy and carried into Antigua, where he and the rest of the crew were
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confined as prisoners of war. He made his escape from prison, and lay some time concealed in the town of St. John's, and at length, cut a sloop out of the harbour and in her arrived, with another American prisoner and thirteen negroes and sundry articles of cargo, at Point à Petre, Guadaloupe. A few days after his arrival there, the Governor of Antigua sent a flag of truce to reclaim the vessel, negroes, &c. in virtue of an agreement entered into between some of the French and British governors of the West India islands, stipulating that no privateer or armed vessel belonging to either government, committed to their care, should make any incursion or descent for the purposes of robbing, burning, plundering, or carrying off negro slaves, or other property, on pain that such vessel should have her commission vacated, the plundered effects restored and the penalty bond prosecuted. The Count d'Arbaud accordingly restored the prize and confined Mr. Putnam in close prison two weeks; but afterwards, upon the remonstrance of William Bingham, Esq. he sent Mr. Putnam and three of the negroes to him at Martinique. It appears that Mr. Putnam has addressed the Count d'Estaing on this transaction, who, in a letter to Mr. Putnam, dated on board the Languedoc, June 8, 1779, politely promises him that if he will solicit the King for restitution, he the Count will with great pleasure join in endeavouring to obtain it.
Upon the first case, as above stated, the committee are of opinion, that by a resolve of Congress the subjects of any of the United States have a right to trade with the inhabitants of Bermuda, and that by throwing any paper overboard, other than passports, bills of lading, invoices or other ship's papers, no forfeiture of vessel or cargo can legally ensue; and upon the whole, that there appears to them no sufficient grounds for the condemnation of the sloop Kitty and her cargo in the court of admiralty of Guadaloupe.
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Upon the second case, as above stated, the committee are of opinion "that by the resolves of Congress, and the law of nations, Benjamin Putnam and the other persons, who cut the vessel out of the harbour of St Johns in Antigua, and carried her and the negro slaves on board to Basse terre in Guadaloupe, had a right to them, and that no agreement between the governors of the French and British islands in such case as this could affect any other persons than the subjects of the contracting parties; which will appear evidently to be the meaning of the recited agreement itself, which is restrained to vessels belonging to either government committed to their care, and the penalty is the having their commissions vacated, the plundered effects restored and the penalty bond prosecuted, which is totally inapplicable to Americans or persons not belonging to their governments, and who had not obtained commissions from them or under their respective sovereigns; and of course that the releasing of this vessel and the negroes by the governor of Guadaloupe, and causing them to be delivered up to the governor of Antigua, was unwarrantable and inconsistent with treaties subsisting between his most Christian Majesty and these United States;" Whereupon,
Resolved, That a representation of the before mentioned cases be made to the Minister Plenipotentiary of his most Christian Majesty to these states, in order that redress and restitution may be made to the parties aggrieved, in such manner as may be consistent with justice and the laws of Nations.1
[Note 1: 1 The last paragraph is a substitute, in the writing of John Jay, the original deferring the question entirely to the "wisdom and justice" of the King. The report, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 19, I, folio 341.]
The committee to whom were referred letters from General Washington and Colonel Simms, brought in a report; Where. upon,
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Resolved, That leave of absence from his regiment be given to Lieutenant Colonel Simms till the 20th day of November next:
That copies of his applications to Congress and General Washington's letter, be transmitted to the governor of the State of Virginia, and that it be signified to him, that as Lieutenant Colonel Simms's application has been complied with at a time when his absence is with the greatest reluctance dispensed with, it is the wish of Congress that he may be enabled to rejoin his regiment as speedily as possible; and that such measures may be taken respecting claims similar to that of Lieutenant Colonel Simms, as may prevent other officers of the Virginia line making application for the like indulgence of absence, which must in the midst of a campaign, be utterly inadmissible; and that a copy of this resolution be transmitted to the Governor of Virginia.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 19, V, folio 331.]
The Committee on the Treasury brought in a report; Whereupon,
Treasury Office, August 28th, 1779.
A Letter, of the 26th instant, from James Wilkinson, Esq.r, Clothier General, referred to the Board of War for their opinion and a Return from the said Board being read:
Ordered, That a warrant issue on the treasurer, in favour of James Wilkinson, Esq. cloathier general, for twenty thousand dollars, to enable him to defray the contingent expences of the department; for which the said J. Wilkinson is to be accountable.2
[Note 2: 2 This report, dated August 28, is in the Papers of the Continental Congress, No. 136, III, folio 591.]
That a warrant issue on the treasurer, in favour of Resolve Smith, Esq. one of the commissioners of accounts at the Treasury, on his application, for three thousand dollars; for which he is to be accountable.
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That a warrant issue on the treasurer, in favour of Cornelius Comegys, one of the clerks in the chamber of accounts, on his application, for fifteen hundred dollars; for which he is to be accountable.1
[Note 1: 1 This report, dated September 4, is in the Papers of the Continental Congress, No. 136, III, folio 611.]
That a warrant issue on the treasurer, in favour of Jeremiah Wadsworth, Esq. commissary general of purchases, on the application of Chaloner and White, his agents, for five millions six hundred thousand dollars, for the use of his department; for which sum the said commissary general is to be accountable.2
[Note 2: 2 This report, dated September 2, is in the Papers of the Continental Congress, No. 136, III, folio 603.]
That a warrant issue on the treasurer, in favour of Mr. H[enry] Merchant, one of the delegates for the State of Rhode Island, on his application, for three thousand dollars; for which the said State is to be accountable.3
[Note 3: 3 This report, dated September 3, is in the Papers of the Continental Congress, No. 136, III, folio 607.]
Treasury Office, August 30th, 1779.
The Committee on the Treasury, having taken into consideration an Estimate of the monthly pay and subsistence of the Army of the United States, calculated by Wm. Palfrey Esqr., Pay Master General, for 35.000 Privates, and a full complement of Commissioned and noncommissioned Officers in order to enable them to report precisely a warrant for the payment of the army, agreeable to an act of Congress of the 18th instant: but the Committee, observing that there is no provision made in the said Act for the subsistence of the Cornets of Horse in the service of the United States, beg leave to offer the following resolution
Resolved, That until the further order of Congress, every cornet of horse be entitled to receive monthly for his subsistence, 100 dollars, to commence agreeable to an act of Congress of the 18th of August last.4
[Note 4: 4 This report is in the Papers of the Continental Congress, No. 136, III, folio 595.]
The commissioners of claims report,
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That they have examined the accounts of the late Moses Emmerson, Esq. one of the commissioners of accounts, deceased, for sundry travelling expences, from Hartford in Connecticut, to this city, in pursuance of an order of Congress for the removal of the books and papers of their office, and for his pay as commissioner, from the 4th January, to the 14th May last, and find there is due to his estate, a ballance of seventy eight dollars and 81/90.
That there is due to John Fromberger, his account for maps of Nova Scotia &c. supplied Congress, one hundred and seventy three dollars and 30/90.
That there is due to William Trickett, for stationary supplied the treasury and the pay master general's office, the sum of nine hundred and ten dollars and 30/90.1
[Note 1: 1 This report, dated August 27, is in the Papers of the Continental Congress, No. 136, III, folio 589.]
Ordered, That the said accounts be paid.
There being a vacancy of one commissioner for the Board of War and Ordnance, the following gentlemen were nominated to supply that vacancy:
Major General Arnold by Mr. Jay,
Colonel Stone by Mr. [James] Forbes,
Brigadier General Weedon, by Mr. [Henry] Laurens,
On motion of Mr. [Henry] Laurens, seconded by Mr. [Samuel] Holten,
Resolved, That so much of the resolutions respecting the establishment of a Board of Treasury as relates to the annual election of the officers, be referred to a committee of three-and that they be directed to report the salaries of the said officers:
The members chosen, Mr. [Henry] Laurens, Mr. [Elbridge] Gerry, and Mr. [Joseph] Hewes.
Ordered, That Tuesday next be assigned for the consideration of the report of the committee on the letters from A.
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Lee, Esq. and the communications of the Minister Plenipotentiary of France.
Adjourned to 10 o'Clock on Monday.1
[Note 1: 1 A letter of Washington, dated August 29, is endorsed as read this day, and is in the Papers of the Continental Congress, No. 152, VII, folio 691.]
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