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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 --FRIDAY, DECEMBER 24, 1779
A petition and representation from Thomas Bentley was read, accompanied with sundry papers:1
[Note 1: 1 This petition, dated the 23d, is in the Papers of the Continental Congress, No. 42, I, folio 195.]
Ordered, That they be referred to the Board of Treasury.
A letter, of 22, from the Board of Admiralty, was read, relative to the new ship of war building at Portsmouth:
Ordered, That it be referred back to the Board of Admiralty to take order thereon.
A letter, of this day, from G[ouverneur] Morris, was read.
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The Board of War, to whom was referred the memorial of Baron Benyouski, having reported thereon, Congress took their report into consideration; and thereupon,
At a Board of War, December20, 1779.
The Board having taken into consideration the memorial of Baron Benoufsky are under their usual embarrassment on the subject of the application. This Gentleman produces no credentials to evidence his character or rank in foreign services. We have conversed with him and have no reason, however, to suppose his representations untrue, the' we cannot ascertain their credit by any vouchers. Let the case be as it may in point of personal character, we are convinced that this Gentleman cannot be employed in our service. We therefore beg leave to report:
That Congress have a grateful sense of the offer to serve the United States made by Baron Benoufsky; but as the circumstances of the army will not admit of his being employed, the Board of War be directed to give him a passport to enable him to return to Europe, and to pay him the sum ofdollars towards derraying the expence of his passage.1
[Note 1: 1 On folio 681 is the following letter from the Board:
"War Office, Dec. 24, 1779.
"Sir: The Board, since making their report concerning the gentleman called Baron Benoufsky, have learned some things concerning him not favouring his pretensions; and request that Congress would suspend their determination on the report until the Board shall have made some farther enquiry into his character. We have the honor to be &c"]
Resolved, That the Board of War inform Baron Benyouski that the circumstances of the army will not admit of his being employed.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, II, folio 667.]
A report from the Board of Treasury was read; Whereupon,
Resolved, That a warrant issue on Thomas Smith, Esqr., Commissioner of the Continental Loan Office in the State of Pennsylvania,Postponedin favor of Eleazer McCombe. Esqr., one of the Postponed Commissioners of the Chambers of Accounts for four Thousand dollars in Loan Office certificates, on account of his Salary.
Ordered, That a warrant issue on the treasurer, in favour of Frederick Bicking, for fifteen thousand dollars, in part
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payment for paper made by him for the continental bills of credit; for which sum he is to be accountable.
Resolved, That Robert Patton, messenger, and William Hurrie, doorkeeper of Congress, be in future allowed twenty dollars per day, until the further order of Congress.1
[Note 1: 1 This report, dated December 22, is in the Papers of the Continental Congress, No. 136, III, folio 927.]
On motion of Mr. [James] Forbes, seconded by Mr. [James] Lovell,
Resolved, That the committee appointed to procure intelligence be discharged.
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 farther consideration the reports referred to them, and have come to some farther resolutions, which he was ordered to report.
The report of the committee of the whole was read.
In Congress December 24, 1779.
Resolved, That Honble. James Forbes Esqr. and Jerh. Wadsworth, Esqr. be appointed and authorised to contract for flour and provision for the Army, and engage in payment therefor Bills of Exchange ordered to be drawn by the Resolution of the 23d November last, to the amount of £25,000 sterling, on the best terms in their power, and report their proceedings to Congress, and that the Committee be empowered to employ one or more trusty persons to assist in carrying this resolution into effect.
On the question to agree to this the yeas and nays being required by Mr [Nathaniel] Peabody,
... ay[Note 2: 2 This record of the proceedings in the Committee of the Whole, in the writing of Samuel Huntington, is in the Papers of the Continental Congress, No. 36, III, folio 509. It is endorsed "Agreed to in Congress."]
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The committee to whom was referred the letter of 20, from Dr. Morgan, brought in a report, which was taken into consideration; and thereupon,
Resolved, That on the trials of cases not capital before courts martial, the depositions of witnesses not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence, provided the prosecutor and person accused are present at the taking the same, or that notice be given of the times and places of taking such depositions to the opposite party four days previous thereto, where the witness resides within the distance of thirty miles from such party, and six days where the witness resides above the distance of thirty, and not exceeding eighty miles, and a reasonable time for a greater distance.
On the question to agree to this resolution, the yeas and nays being required by Mr. [Nathaniel] Peabody,
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So it passed in the affirmative.
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Resolved, That to encourage witnesses who do not belong to the army to attend on courts martial and give their dence viva voce when required by the judge advocate, the reasonable expences of such witnesses shall be defrayed by the United States, and paid by the pay master to the Board of War and Ordnance, being first adjusted by the said Board.
A state of Mr. Benjamin Randolph's account with the late President was laid before Congress and read:
Ordered, That the same be referred to the Board of Treasury.
Adjourned to 10 o'Clock on Monday.
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