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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, DECEMBER 2, 1779


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Journals of the Continental Congress, 1774-1789
THURSDAY, DECEMBER 2, 1779

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Mr. W[illiam] Floyd and Mr. Ezra L'Hommedieu, delegates for the State of New York, attended, and having severally produced an exemplification signed by the governor, and with the great seal of the State appendent, of a commission to delegates for that State in Congress, in which their names are included. they took their seats in Congress.


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A letter, of 2, from Morgan Connor, lieutenant colonel commandant of the 7th Pensylvania regiment, was read, requesting leave of absence, that he may make a voyage to the West Indies for the recovery of his health, and enclosing a letter of 23 November from General Washington, approving his request and referring him to Congress for obtaining it; Whereupon,

Resolved, That Lieutenant Colonel Morgan Connor have leave of absence for six months, that he may make a voyage to the West Indies for the recovery of his health.

A letter, of 26 November, from J. Wadsworth, commissary general of purchases, and a letter of 22d of the same month, from H. Champion, deputy commissary general of purchases, were read:1

[Note 1: 1 Connor's letter is in the Papers of the Continental Congress, No. 78, V, folio 429; that of Washington is on folio 433; that of Wadsworth, in No. 78, XXIV, folio 133; that of Champion, in No. 78, V, folio 421.]

Ordered, That they be referred to a committee of three:

The members chosen, Mr. [Robert R.] Livingston, Mr. [William] Ellery, and Mr. [William Churchill] Houston.

A copy of a declaration of war by Spain against Great Britain, made at Havannah in the island of Cuba, was laid before Congress:

Ordered, That it be referred to the committee on the letter from Don Juan de Mirailles.

A letter, of 1, from R. Troup, secretary of the Board of Treasury, and J. Nourse, assistant auditor general, was read, expressing their thanks for the offices with which Congress have been pleased to honor them.2

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXII, folio 657.]

A report from the Board of Treasury, was read; Whereupon,

Ordered, That a warrant issue on the treasurer, in favour of Mr. J[ohn] Mathews, one of the delegates for the State of South Carolina, on his application, for five thousand dollars; for which the said State is to be accountable.


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That a warrant issue on the treasurer, in favour of John Dier Mercier, one of the commissioners of the chambers of accounts, for four thousand dollars on account of his salary.1

[Note 1: 1 This report, dated December 2, is in the Papers of the Continental Congress, No. 136, III, folio 857.]

A report from the Board of War was read; Whereupon,

At a Board of War, December 1, 1779.

Present: Col. Pickering and Mr. Peters.

The Board having taken into consideration the distress'd situation of Monsr. L. Eglise, and having conversed with Genl. Schuyler on the subject of his services and sufferings, and being satisfied of the truth of the account given by Monsr. L. Eglise of his sacrafices and risks in an employment he undertook at the instance of Genl. Schuyler which merit some acknowledgement and consideration, beg leave to report.

Resolved, That Mons. l'Eglise receive the pay and subsistence of a captain, during the pleasure of Congress;

That so soon as cloathing shall be provided for the staff of the army, and the State cloathier of New York shall be thereby enabled to deliver out the same, he be directed by the Board of War to furnish Mons. l'Eclise with a suit of cloaths on the terms on which cloathing is delivered to the officers of the staff, agreeably to the regulation of the 25 ultimo.2

[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, II, folio 625.]

The committee, to whom was referred the petition of Isaac Tyler, of Providence, in the State of Rhode island, commander of the private sloop of war, named the Dolphin, praying for relief against a decree of the general assembly of the said State, ordering restitution of the schooner Betsy with her cargo and apparel to Zechariah Foot, David Corning and Ebenezer Corning, all of Yarmouth, in the province of Nova Scotia, from whom the same was captured by the petitioner, brought in a report, which was read; Whereupon,

That Congress ought not to Interfere with the Authority of any particular State in the Administration of Justice toward the Citizens or Subjects of such State, in any Case wherein no complaint is made of injury done thereby to any other person or State, or to the United States.


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Ordered, That the said Petition be dismissed.1

[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, VI, folio 105.]

The committee, to whom was referred the letters, of 29 September, and 6 October last, from the navy board at Boston, delivered in their report.

Resolved, That the said Navy board were guilty of a breach of orders in not purchasing the prize ship Thorn agreeable to directions given them by the Marine Committee for that purpose--and that Congress do highly disapprove of the Conduct of the said Navy Board.2

[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 28, folio 185a.]

The committee, to whom was referred the letter, of 23 September, from J. Bradford, continental agent at Boston, delivered in their report.

That although it does not appear that Mr. Bradford had positive orders at the time he begun the sale of the goods taken in the prizes in August last, to retain the Continental part thereof, yet as we presume, he must have been sensible how much those articles were wanted for the army and other publick uses, and it being also in the line of his duty to be sufficiently informed that the prices of those articles were much higher in general, than the regulated prices at Boston were, common prudence, and the least attention to the interest of these States ought to have dictated to him to withhold the disposal of the Continental part thereof.

Therefore, Resolved, That Congress disapprove Mr. Bradford's conduct in disposing of the Continental share of the rum and sugar which were in the prizes taken by the Providence, Queen of France, and Ranger, in August last, and carried into Boston.3

[Note 3: 3 "The above postponed to Monday."]

Resolved, That instructions be sent to the respective Agents under the authority of these United States, That they do not in future, onPassedany consideration dispose of any part of the Continental share of prizes, unless it be of such articles as are in a perishable state, without orders for that purpose.4

[Note 4: 4 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, I, folio 401.]

Congress took into consideration the report of the ∥late∥ committee on the ∥quarter master and commissary general's


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departments, to whom was referred a∥ memorial of E. Blaine, deputy commissary general of purchases, of 27 October last; Whereupon,

Resolved, That the Board of War be directed to report to Congress, an estimate of the provisions wanted for one year from the 1st instant, for the army of the United States; and that they inform themselves from the consul of France what provisions will probably be wanted for the fleets of our ally in the ensuing year, and also report the same.1

[Note 1: 1 This report, in the writing of Philip Schuyler, is in the Papers of the Continental Congress, No. 27, folio 99.]

Resolved, That the Marine Committee be directed to report to Congress an estimate of the provisions that will be wanted for one year, from the 1st instant, for the navy of the United States.

Resolved, That the remainder of the report be postponed.

Congress proceeded to the election of a commissary general of purchases; and, the ballots being taken,

Ephraim Blaine, Esq. was elected.

A motion was made by Mr. [John] Mathews, seconded by [Philip] Schuyler, relative to the commissary general of purchases:

Ordered, That it be referred to a committee of three:

The members chosen, Mr. [Roger] Sherman, Mr. [William] Ellery, and Mr. [Robert R.] Livingston.

Adjourned to 10 o'Clock to Morrow.

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