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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, JULY 27, 1780
A letter, of 24th, from President Rodney, of Delaware, was read.3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 70, folio 757.]
A report from the Board of Admiralty was read; Whereupon,
Admiralty Office, July 26th. 1780.
The Board of Admiralty have received the Resolutions of Congress respecting a revision of the Regulations of the navy, and of those relative to Captures by sea.
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Protesting that they are disposed to pay due obedience to all acts of Congress and to do every thing in their power for the furtherance and promotion of the sea service, the Board crave leave to request that they may be discharged from reporting a system of regulations relative to Captures by sea, and for the following reasons, to wit.
First. The impropriety of assigning this branch of regulations to them, and
Secondly. The impossibility of their completing in convenient time a proper system.
Conceiving that there was an impropriety in committing this branch of regulations to the Marine Committee, Congress notwithstanding that Committee consisted of thirteen members, many of which were learned in the law of nations, did, agreeably to their request, assign this business to the court of appeals, as the Board have already represented to Congress.
If it was then improper, the board submit to the wisdom of Congress, whether it can be now proper when there are but two standing members of the Board of Admiralty, to commit to them the framing a system of regulations relative to Captures by sea.
The impossibility of their reporting such a system in due time, will appear from the following considerations.
Regulations for the Navy will require much time and attention. Those which have been made by Congress, must be critically reviewed, and such of them selected as are judged suitable to our present circumstances, the British regulations inspected (for the Board do not think it unlawful to be taught by an Enemy, whose naval skill and power, until the reign of the present illustrious King of France, were superior to that of any Kingdom or state on earth) such of them adopted as our constitution will admit, and the whole systematically arranged.
This business the Board have re-assumed, and it must be pursued amidst a variety of other matter, and under the embarrassments, in which for want of a system and money the Board, is deeply involved, a considerable length of time must of course have run out before the regulations of the navy can be reported. After this, as the resolutions now stand, the regulations relative to Captures are to be taken up. Congress we believe will be of opinion with us that in this way they will not be completed until the arrival of some very remote period in futurity.
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For these reasons, we hope Congress will discharge the Board from framing regulations relative to Captures by sea, and commit it to a special committee as was before requested.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 281.]
Ordered, That the Board of Admiralty be discharged from reporting a system of regulations relative to captures by sea; and
That the same be referred to a committee of five:
The members chosen, Mr. [Thomas] McKean, Mr. [James] Henry, Mr. [Jared] Ingersol, Mr. [Richard] Howly and Mr. [Nicholas] Van Dyke.
Whereas it is necessary that, during the war, the states be supplied with commissions, bonds and instructions, for private armed vessels, and that the bonds given by the commanders of the said vessels be returned into the office of the secretary of the United States in Congress assembled:
Ordered, That the commissions signed by the President, and attested by the secretary of the Board of Admiralty, together with the instructions and blank bonds, be lodged in the office of the secretary of Congress, and issued from thence to the several states, on the requisition of the supreme executive powers of the said states respectively:
That the bonds executed by the commanders of the private armed vessels, to whom commissions are or may be given, be lodged in the office of the secretary of Congress:
That an account be kept in the said office of the commissions, bonds, and instructions sent to the several states, and of the bonds returned by them respectively into the said office.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 37, folio 279.]
A report from the Board of Treasury was read;
Whereupon,
Ordered, That on the application of William Ramsey, clerk in the chamber of accounts, a warrant issue on the
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treasurer in his favour, for six thousand dollars, on account of his salary.
That on the application of John Nicholson, a clerk in the chamber of accounts, a warrant issue on the treasurer in his favour, for six thousand dollars, on account of his salary.
The Board of Treasury, to whom was referred the memorial of William Millward, report,
That it is expedient and necessary to refer the said William Millward to the commissioner of the continental loan office for the State of Connecticut, for the payment of the interest due on the sum mentioned in his said memorial, as the money was put into that office:
The Board beg leave further to report: That the Loan Offices are not in condition to make payments agreeably to the resolution of Congress dated the 28th day of June last, and that it is expedient that speedy provision be made for that purpose.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 447.]
Resolved, That Congress agree to the said report.
A memorial from Joshua Barney, lieutenant in the navy, was read.2
[Note 2: 2 This memorial, dated July 26, 1780, is in the Papers of the Continental Congress, No. 41, I, folio 301.]
Ordered, That it be referred to the Board of Admiralty.
The Board of War, to whom was referred the petition of Abel Westfall, brought in a report; Whereupon,
At a Board of War. July 27. 1780
Present. Col Pickering, Col Grayson, Genl. Ward
The Board having considered the petition of Abel Westfall, referred to them by Congress, are of opinion, that the vouchers, (the best the case will at this time admit of) are sufficient to establish his claim of payment for his waggon and horses, impressed into the service of the United States in 1777, by order of Genl. Smallwood, and therefore beg leave to report
Resolved, That the petition of Abel Westfall be referred to the Board of Treasury, to report a sum to be allowed him
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for the payment of a waggon and three horses taken into the service of the United States, by order of Brigadier General Smallwood, in 1777.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 469.]
Congress resumed the consideration of the proceedings of the court martial on the trial of Doctor W. Shippen, Junior; and some farther progress being made,
Adjourned to 10 o'Clock to Morrow.
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