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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, DECEMBER 4, 1779
A letter, of 29 November last, from General Washington, was read;2 Whereupon,
[Note 2: 2 The letter of Washington is in the Papers of the Continental Congress, No. 152, VIII, folio 195; it is printed in Writings of Washington (Ford), VIII, 125.]
Resolved, That General Washington be informed it is the desire of Congress, that the troops of the Virginia line be immediately put in motion, agreeeably to what is mentioned in the former part of his letter.
Ordered, That the letter be referred to the Board of War, and that the Board be instructed to take measures for carrying into execution the views of the General.
A letter, of 27 November, from General Washington, was read.
A letter, of this day, from Colonel L. Nicola, was read: Ordered, That it be referred to the Board of War.
A letter, of 21, and one, of 24 November, from J. Wadsworth, were read: 3
[Note 3: 3 The Washington letter is in the Papers of the Continental Congress, No. 152, VIII, folio 193; that of Nicola, in No. 163, folio 180; a letter of Wadsworth, dated October 10 and read this day, is in No. 78, XXIV, folio 125; that of the 24th is on folio 129.]
Ordered, That the letter, of 24th, be referred to the committee on his letter of the 26th.
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of the Board of War and Ordnance, a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the said Board, for one million dollars, to enable them to continue their purchases of cloathing
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requisite for the army; for which the said J. Carleton is to be accountable.
That on the application of Mr. [John] Dickinson, one of the delegates for the State of Delaware, a warrant issue on the treasurer, in favour of his excellency Caesar Rodney, Esq. president of the said State, for thirty six thousand dollars, for the payment of the bounties allowed by Congress for the recruiting service; for which the said State is to be accountable.1
[Note 1: 1 This report, dated December 4, is in the Papers of the Continental Congress, No. 136, III, folio 865. A paragraph on Flower was postponed and passed on the 14th. See p. 1378, post.]
Ordered, The remainder of the report be postponed.
A motion was made by Mr. [James] Forbes, seconded by Mr. Sherman [John] Fell,
That Major General Charles Lee be informed that Congress have no further occasion for his services in the army of the United States of America.
On which the previous question being moved by Mr. [William] Ellery, seconded by Mr. [Elbridge] Gerry, and the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the affirmative, and the main question was set aside.
Resolved, That J. Wadsworth, Esq. be informed that Congress have agreed to accept of his resignation, and have elected Ephraim Blaine, Esq. to succeed him, but as Mr. Blaine has not yet signified his acceptance, and a failure of supplies may be attended with dangerous consequences, that Mr. Wadsworth, with the deputies under him, be desired to continue in the business of supplying the army, until his successor shall have accepted and shall be in capacity to enter upon and execute the duties of the office.
A report from the chamber of accounts on the memorial of Lewis Weiss, was read:
Ordered, That a copy thereof be transmitted to the director general, and that he be directed to report specially thereon.
Congress was resolved into a committee of the whole; and after some time, the President resumed the chair, and Mr. [George] Plater reported that the committee have had under consideration the report of the committee for regulating departments, and have directed him to report, that the same be referred to the committee on Mr. [John] Mathews motion of the 2d.
Resolved, That Congress agree to the said report.
Ordinance for establishing a Court of Appeals for finally determining captures.
Resolved, That the trials in the Courts of Admiralty in cases of captures be according to the usage of nations and not by Jury.
That all exhibits, evidence and proceedings, be in writing and at full length.
That the Judges of the Courts of Admiralty in the several states shall order and direct all captures to be inventoried and appraised in current money and according to current prices, which inventory and appraisement shall be fried in the said Court.
That a Court be established for the trial of all appeals from the Courts of Admiralty in these United States in cases of captures, to consist of three judges learned in the law, appointed and commissioned
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by Congress; that any two of them in the absence of the other hold the said Court for the despatch of business.
That the said Court of Appeals have all the powers of a Court of record in fining and imprisoning for contempts and disobedience.
That the Courts of Admiralty and all officers of the said Courts pay obedience to the decrees and orders of the said Court of Appeals, so far as may be necessary for the carrying into execution the decrees of the said Court.
That the Judges of the said Court hold their sessions at the City of Philadelphia, in the State of Pennsylvania, at Williamsburg, in the State of Virginia, and at Hartford, in the State of Connecticut; and at such other places not to the eastward of Hartford nor to the southward of Williamsburg, and at such times, as they shall judge will be most for the public benefit.
That the Judges of the Court of Appeals be authorized to appoint a Register and Marshal of the said Court, and the same to remove at pleasure.
That all fines imposed by the Court of Appeals be collected by the Register and paid into the Continental treasury.
That in all cases (vid. last quere).
That no appeal be admitted, unless demanded within five days after Definitive Sentence in the Court of Admiralty, and lodged with the Register of the Court of Appeals within forty days afterwards.
(Quere. Ought there not to be a further proviso that And unless the party appealing shall have given good and sufficient security to prosecute the said appeal to effect and be answerable for costs and charges, in case the sentence is confirmed.) See 25th. November, 1775.
That each of the Judges of the Court of Appeals shall be allowed a salary at the rate of 30,000 dollars per annum for their services and expences, until the further order of Congress.
That for defraying the charges of the said Court of Appeals a duty of one per cent. on the appraised value of all prizes, the trial of which shall come before the said court, shall be paid into the Continental treasury, and that the surplusage, if any, shall go to the support of seamen disabled in the service of the United States.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 29, folio 375. It is endorsed December 5, 1779; but it also has a clause substituted for the last one and a vote taken upon it, which are entered on the Journals January 8, 1780.]
Adjourned to 10 o'Clock on Monday.
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