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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 --TUESDAY, NOVEMBER 30, 1779
Mr. [William] Ellery, a delegate for Rhode Island, attended, and took his seat.
An appeal from the judgment of a court of admiralty for the State of Pensylvania, on the libel Jonathan Harridan vs. The Hope, sloop of war, Joseph Blewer claimant, was lodged with the secretary and referred to the Committee on Appeals.
A letter, of 9th, from the governor of Rhode Island to the delegates of that State in Congress, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 64, folio 462.]
Ordered, That it be referred to the committee on the memorial of Captain Tyler.
A letter, of 11, from Captain Talbot to the honble H[enry] Marchant, Esq. was laid before Congress, and read; and referred to the Marine Committee:
Resolved, That to morrow be assigned for electing a commissioner of the Board of Admiralty:
The following gentlemen were put in nomination for that office.
John Nixon, Esq., by Mr. [William] Shippen; Firantis] Hopkinson, Esq., by Mr. [Elbridge] Gerry.
A report from the Board of Treasury was read; Whereupon
Ordered, That on the application of Col. W. Palfrey, paymaster general, a warrant issue on the treasurer, in his favour, for two millions of dollars, to be by him forwarded to Joseph
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Clay, Esq. deputy paymaster general in South Carolina, for the supply of the military chest; for which the said W. Palfrey is to be accountable.
And that another warrant issue on the treasurer, on the like application, for one hundred and fifty thousand dollars, to be forwarded to John Boreman, deputy paymaster at Fort Pitt, for the use of the troops in the western department; for which he is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. [Philip] Schuyler, one of the delegates of the State of New York, on his application, for two thousand dollars; for which the said State is to be accountable.1
[Note 1: 1 This report, dated November 29, is in the Papers of the Continental Congress, No. 136, III, folio 849.]
The committee to whom was re-committed their report on a letter of the 20th, from General Washington, brought in a report; Whereupon,
Resolved, That a committee of two be appointed to repair to head quarters and confer with the Commander in Chief, on the state of the southern department:
That the said committee, previous to their departure, confer with the committee appointed to correspond with the commanding officer in the southern department, who are hereby directed to furnish them with all such intelligence relating to the same as has been received:
That the committee also confer with the Commander in Chief on the subject of the papers transmitted to Congress by the Minister Plenipotentiary of his most Christian majesty and Don Juan de Mirallies, and report to Congress such measures as to the conferrees may seem most advisable to be taken:
That the Commander in Chief apply to any of the states he may think proper for such number of militia as he may judge requisite, to replace the troops detached or which may be detached to the southward:
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That it be earnestly recommended to the States of Virginia, North and South Carolina, to make draughts for compleating their Battalions ordered to the southern department, and that the said draughts, be sent forward to join their respective corps with all possible dispatch.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 19, VI, folio 259*.]
The members chosen, Mr. [Philip] Schuyler and Mr. [Henry] Marchant.
Congress took into consideration the report of the committee on the letter of 6 October last from Mr. W. Bingham; Whereupon,
Resolved, That Mr. Bingham's letter of the 6 October last, with the papers enclosed therein, and marked No. 1, 2, 3, 4, together with a certified copy of his appointment to the place of continental agent, be transmitted by the President to the legislature of the State of Massachusetts Bay, with the following letter:
Gentlemen, I am directed by Congress to transmit you the enclosed papers from Mr. Bingham. They contain an account of his proceedings relative to a vessel said to be Danish property, captured by the sloop Pilgrim, and carried into Martinique, about which, as he says, a suit is now commenced against him in your superior court. Upon a full examination of the papers, you will judge of the measures which ought to be adopted to prevent, on the one hand, injustice to individuals, and on the other, the embarrassment of agents, who are obliged to conform to the will of the ruling powers at the place of their residence. As courts are now instituted at Martinique for the trial of such causes, Congress submit it to you whether it would not be advisable to stop the suit already commenced till judgment is obtained upon the principal question; after which it will be in Mr. Bingham's power to discharge himself by delivering to the true owners the property placed in his hands for their use. If you should be of a contrary opinion, they request you to furnish Mr. Bingham's agent with the enclosed papers.2
[Note 2: 2 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 19, I, folio 345.]
I am, &c.
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Congress took into consideration the report of the committee on the letter of 9th inst. from Major General Sullivan, which is as follows:
"That Congress have a just sense of the services and abilities of Major General Sullivan, and greatly regret the indisposition which deprives them of so gallant an officer; that as General Sullivan's health will not permit his continuance in the American army, his resignation be accepted."
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Nathaniel] Peabody, to strike out the words "that as General Sullivan's health," &c. to the end, in order to insert in lieu thereof "and that General Sullivan have leave to retire from the service so long as he shall judge necessary for the recovery of his health."
On the question, shall the words moved to be struck out stand?
The yeas and nays being required by Mr. [Nathaniel] Peabody,
{table}
So it was resolved in the affirmative.
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On the question to agree to the report, resolved in the affirmative.
On motion of Mr. [Robert R.] Livingston, seconded by Mr. [Henry] Marchant,
Resolved, That the President be requested to return the thanks of Congress to Major General Sullivan for his past services.
On motion of Mr. [Robert R.] Livingston, seconded by Mr. [Nathaniel] Peabody,
Resolved, That the Board of War be directed to procure from the quarter master general, the commissaries general, the forage master and the barrack master general, a return of all the assistants, deputies, officers, agents, and other persons employed in their respective departments, the districts in which they are so employed, and the terms upon which they are engaged; and that such return be made by the first day of January next.
Ordered, That Mr. [Henry] Marchant have leave of absence:
That Mr. [Philip] Schuyler have leave of absence.
Adjourned to 10 oClock to Morrow.
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