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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 --THURSDAY, OCTOBER 21, 1779
Mr. [Nathaniel] Scudder, a delegate from New Jersey, attended and took his seat in Congress.
A letter, of 17, from Major Lee, was read, enclosing a roll of sundry recruits:
Ordered, That it be referred to the Board of War.
A petition of Oliver Bowen, was read:
Ordered, That it be referred to the Marine Committee.
The proceedings of a court martial on the trial of Thomas Thompson, captain of the Raleigh frigate, was laid before Congress:
Ordered, That the same be taken into consideration on Saturday, the 30th instant, and that in the meantime it lie on the table for the perusal of the members.
Ordered, That the report of the Marine Committee on the trial of Captain Manly be taken into consideration on the same day.
A memorial of James Anderson was read.2
[Note 2: 2 This memorial, dated October 17, is in the Papers of the Continental Congress, No. 41, I, folio 43. It was ordered to lie on the table.]
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That the petition of Major General Arnold, which on the 27 April last, was referred to the Board of Treasury,
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with the papers accompanying it, be referred to the committee, to whom was referred the report of the commissioners on his accounts.
Ordered, That a warrant issue on the treasurer, in favour of the Committee of Commerce, upon their application, for forty dollars in specie, for payment of a bill drawn by Don Juan de Miraillies, payable at the Havannah, in favour of Joseph Colbert, an express sent from New Orleans to the said Committee.1
[Note 1: 1 This report, dated October 20, is in the Papers of the Continental Congress, No. 136, III, folio 743.]
Resolved, That Thomas Smith, Esq. commissioner of the continental loan office for the State of Pensylvania, be directed to renew for Philip Marsteller, six defaced certificates, of the following denominations, viz.
[Note 2: 2 See note under October 16, p. 1182, ante.]
The committee on the memorial of Gideon Olmstead, and who were directed to confer thereon with a committee of the general assembly of the State of Pensylvania, brought in a report, which was read:
The Committee appointed on the Memorial of Gideon Olmstead and to confer with a Committee of the General Assembly of Pennsylvania respecting the carrying into execution the decree of the Court of Appeals in the case of the Sloop Active, beg Leave to report:
That they have conferred with the Committee of the Assembly of this State on the business referred to them. The Committee of Pennsylvania opposed to the decree in the case above said, an Act of their Assembly passed September 9th, 1778, by which, after constituting Courts for the trial of Captures on the high Seas and directing such trials to be by Jury: it is Enacted that the finding of the Jury shall establish the facts without re-examination or appeal.
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And in the 7th Section of said Law it is further enacted, that in all causes of Captures, an appeal from the decree of the Judge of Admiralty of this State shall be allowed to the Continental Congress, or such person or persons as they may from time to time appoint for hearing and trying appeals, &c.
And that in the case of the Sloop Active the Jury found the following verdict, vizt: One fourth part of the neat proceeds of the Sloop Active and her Cargo to the 1st. Claimants; three fourth parts of the neat proceeds of the said Sloop and her Cargo to the libellent, and the second Claimant, as per agreement between them.
Your Committee further report,
That Congress by the 4th Section of their resolves of the 25th of November, A.D. 1775, recommended to the several legislatures in the United Colonies as soon as possible to erect Courts of Justice or give jurisdiction to the Courts in being, for the purpose of determining concerning Captures to be made &c., and to provide that all trials in such case, be had by a Jury under such qualifications, as to the respective Legislatures shall seem expedient.
And in the 6th Section Congress resolved, that in all cases an appeal shall be allowed to Congress or such person or persons as they shall appoint for the trial of Appeals, &c.
That an appeal was regularly granted by the Court of Admiralty in the State of Pennsylvania to said Gideon Olmstead, &c., Claimants from the verdict and decree or sentence in this cause to Congress, &c.
Your Committee are of opinion that nothing in said Act of Assembly does or could debar the appelants of a right of appeal to Congress in said cause. And that said cause, both by the resolutions of Congress and said Act of Assembly, came properly before the Court of appeals and that they had competent jurisdiction to hear, try and determine the same agreeable to the resolutions of Congress of 6th day of March last, and that the same ought to be carried into execution.
Your Committee find that Gideon Olmstead, &c, appellants have received the sum of £12,750 in part of the Money raised from the sale of said Sloop and Cargo; that the amount of the neat proceeds of said Sloop and Cargo is £51,000 Pennsylvania currency.
Whereupon your Committee submit the following resolutions to the consideration of Congress:
That the remainder of the neat proceeds of the Sloop Active and Cargo, being about the sum of thirty eight thousand two hundred and fifty Pounds Pennsylvania Currency be paid to Gideon Olmstead and
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others, appelants in said cause, out of the Treasury of these United States in full satisfaction of the judgment of the Court of appeals in their favor in the case of the Sloop Active, and that the State of Pennsylvania be charged with the same.
That the State of Pennsylvania be, and they are hereby authorized, to avail themselves of the judgment of the Court of appeals in the said cause to reimburse the sums charged to them as above.1
[Note 1: 1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 19, IV, folio 495.]
Ordered, That the same be taken into consideration on Monday, the 1st of November next.
Resolved, That three members be added to the committee on the letter of 21 September, from the council of Massachusetts bay.
The members chosen, Mr. [James] Forbes, Mr. [Nathaniel] Scudder, and Mr. [John] Mathews.
Resolved, That a member be added to the committee, to whom was referred the report of the Board of Treasury, of 24 August last, respecting Baron Steuben, in the room of Mr. [John] Armstrong, who is absent.
The member chosen, Mr. [Samuel] Atlee.
Resolved, That two members be added to the committee on the representation from the legislative council and general assembly of the State of New Jersey, in the room of Mr. [John] Witherspoon and Mr. [Nicholas] Van Dyke, who are absent:
The members chosen, Mr. [Nathaniel] Scudder and Mr. [John] Dickinson.
The committee appointed to prepare instructions to the person who may be empowered to negotiate a foreign loan brought in a report:
Ordered, That it be taken into consideration on Monday next.
Your Committee appointed to prepare instructions to the person who may be empowered to negotiate a foreign loan, Report:
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1st. That he be empowered to employ on the best terms in his power some proper mercantile or banking house in the City of Agreed Amsterdam, or elsewhere in the United Provinces of the Low Countries, to assist in the procuring of Loans, to receive and pay the money borrowed, to keep the accounts and pay the Interest.
2ly. That he be also empowered to covenant with the said House, that they shall have the preference of supplying on the Rejected usual mercantile terms such articles as may be from time to time ordered by the United States from Holland, as the said House may think proper.
3ly. That he be also empowered to pledge the faith of the United States in the most authentic manner, by executing such Agreed securities or obligations for the payment of the money as he may think proper, and also that the Interest shall not be reduced nor the principal paid during the term for which the same shall have been borrowed without the consent of the lenders or their Representatives.
4ly. That he be also empowered to agree to and to execute Rejected such form of the said surety or obligation for the money as he may think proper, And
5ly. That he be also empowered to receive payment of the monies borrowed at two or three different equal instalments so Rejected as the whole together do not exceed six months, and to allow the Interest from the first payment.
6ly. That he be directed to borrow a sum not exceeding Postponed on ay and no 10,000,000 of Dollars, at the lowest rate possible, not exceeding 6 per cent per annum.
And if the money can be obtained for 7 per cent., then to borrow a sum not exceeding; and if the same can be Rejected obtained for 6 per cent, then to borrow a sum not exceeding; and if it can be obtained for 5 per cent., then to borrow a sum not exceeding; and if it can be obtained for 4 per cent, then to borrow a sum not exceeding
7ly. That he endeavor as much as possible to procure money Rejected from those who have been accustomed to lend to or are Creditors of Great Britain.
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8ly. That he be directed to give notice to Congress of any Loan made by him or under his authority, and to direct the Agreed House by him employed to accept and pay the bills of exchange which may be drawn under the authority of Congress.
9ly. That agents be appointed by Congress, one in Boston, one in Philadelphia, one in Baltimore, and one in Charlestown, Postponed to draw bills of exchange in their own names for the money so borrowed, under the direction of the Treasury board and be allowed such reward as the said Board may think proper.
All which is submitted.
That a Commissioner be appointed and furnished with Instructions Pasd for entering into a Treaty of Amity and Commerce with the United Provinces of the Low Country.1
[Note 1: 1 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 25, I, folio 169. The last paragraph is in the writing of Samuel Huntington. It is endorsed: "Read October 1 [21], 1779. To be considered on Monday next, the 25th instant." See p. 1210, post.]
Congress proceeded to the election of a person to negotiate a loan in Holland; and the ballots being taken,
The Honorable Henry Laurens, Esquire, was elected.
Adjourned to 10 oClock to Morrow.
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