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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, AUGUST 4, 1780
A letter, of July 20, from General Gates, at Hillsborough, with sundry papers enclosed, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 154, II, folio 214.]
Ordered, That it be referred to the committee on the state of South Carolina and Georgia.
A letter, of 27 July, from Governor Jefferson, in pursuance of the recommendation of the 17th June, was read, enclosing an act passed by the legislature of Virginia, in pursuance of the resolutions of 18 March last; an act for furnishing specific supplies, in pursuance of the resolutions of 25 February
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an act for speedily recruiting the quota of that State for the continental army; a state of the Virginia forces in the continental army; and a state of monies answered for the continent, from May 21, 1779 to July 19, 1780.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 71, I, folio 393.]
Ordered, That the act passed in pursuance of the resolutions of 18 March, be referred to the Board of Treasury, and that the state of the Virginia troops in the continental army be referred to the Board of War.
The committee, to whom was re-committed their report on the letter, of 26 July, from Major General Greene, brought in another report.
Also the committee on the letter, of 12 July, from John Bradford brought in a report.
The Committee on the letter from John Bradford Esqr., dated Boston 12th July 1780,
Report,
That in their opinion the directions contained in the resolution of Congress of the 11 May 1778 to the Board of War at Boston "to lodge the nett proceeds of the sale of the Nostra Signora del Carmo e St. Antonio and her cargo in the public funds of these United States and to transmit an exact accot. thereof to the Committee of foreign affairs" was sufficiently explicit for indemnifying the Board, had they placed the amount of said proceeds in the Loan Office which was the only public fund of the United States in Boston from whence they were directed to transmit an exact account.
That it appears the Board were conscious the deposit ought to have been made there from Mr. Bradford's information that they applied to Nathaniel Appleton Esqr. Loan Officer for his opinion what "the resolve meant as it did not expressly say the Loan Office" and Mr Appleton's reply that "he thought there needed no explanation for it was evident Congress meant to have that money lodged in that office" was sufficient to remove their doubts even if there had been grounds for doubting. That the reasons assigned by the Board of War for declining to lodge the money as aforesaid because "the resolution did not expressly say the Loan Office" or "till they should write to Congress" or "unless Mr Appleton would give his private note"
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were in the opinion of the Committee calculated for retaining the money in their own hands.
The Committee are therefore unanimously of opinion that as the Board of War engaged in the sale of the said vessel and cargo, and have charged commissions thereon, they are, according to the custom of Merchants and by every principle of justice responsible for their conduct and ought to make good the amount of the nett proceeds aforesaid according to the real value of money at the time when they received the said amount together with interest thereon to the time of repayment. And the Committee beg leave to submit to the consideration of Congress the following resolutions
Resolved, That the reasons assigned by the Board of War at Boston for declining to pay the nett proceeds of the sale of the Portuguese Snow Nostra Signora del Carmo e St Antonio and cargo into the hands of Nathaniel Appleton Esqr Loan Officer in the State of Massachusetts Bay are inadmissible.
Resolved, That the said Board of War are liable and ought to make good the full value of the said nett proceeds according to the value of money at the time when they received the said nett proceeds.
Resolved, That John Bradford Esqr be and he hereby is empowered and directed to demand and if necessary to take the most effectual measures for recovering from the said Board of War at Boston the amount of the aforesaid nett proceeds of the sale of the Snow and cargo above mentioned according to the value of money at the time when the Board of War received the same.
The Committee have also considered the article of commissions charged by the said Board of War, on the nett proceeds of the sales by auction or vendue of the said Snow and cargo, and on certain gold and silver which they received from on board said Snow, which are as follows--
And are of opinion that in both cases the commissions are excessive but as the Committee are not acquainted with the custom of Merchants in Boston in such cases, they recommend that Mr Bradford be authorized and directed to propose to the Board of War a reference of those charges to be adjusted by the arbitration of indifferent persons and to allow such commissions as shall be awarded.
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The Committee further report as their opinion that the Board of War are not obliged to pay the above mentioned sum of £18461.13.3 but only the sum which shall remain, when they shall have deducted £2291.18 charged by them as paid on account of the said Snow, in their accot: dated and signed 20th May 1779, provided the said charges after examination shall be admitted, and so much more as shall be adjusted for their commission, which will establish the final nett proceeds: this appears to the Committee to have been the true intent and meaning of the resolution of Congress of the 17th June last.
The remaining subjects of Mr Bradford's letter respecting linen Passed. for Tent and Sod cloths the sale of sugar and a supply of money for equipping public Ships, the Committee beg leave to recommend for consideration of the proper Boards.1
[Note 1: 1 This report, in the writing of Henry Laurens, is in the Papers of the Continental Congress, No. 19, I, folio 403. It is indorsed: "August 24, 1781, referred to Mr. Sherman, Mr. Duane, Mr. Clymer."]
Congress took into consideration the report of the committee on the letter, of 26 July, from Major General Greene; and after debate,
Ordered, That the further consideration thereof be postponed.
Ordered, That so much of Mr. J. Bradford's letter, of 12 July, as relates to linen for tent and sod cloth and sales of sugars, be referred to the Committee of Commerce and Board of War; and that so much as relates to the sale of sugar and a supply of money for equipping public ships be referred to the Board of Admiralty.
The committee, to whom was referred the memorial of Joseph Basden, delivered in a report.
The Committee to whom was referred the memorial of Joseph Basden of the Island of Bermuda, report,
That, by various testimony (part of which is herewith submitted) not only the petitioner but the inhabitants of Bermuda in general appear to maintain the good disposition towards these United States which induced Congress in their proceedings of Novr. 22d. 1775 and
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July 24 1776 to consider them in a friendly or at least a neutral relation.
That humanity and policy more than the mutual commercial interest which is mentioned in the first proceedings above alluded to, seem to plead for a continuance of that same relation.
That the inhabitants of Bermuda encouraged by the terms of the 5th and 6th articles of the treaty of alliance between his most Christian Majesty and these United States have forborne acts of hostility against the subjects of his most Christian Majesty in like manner as against the people of these States.
That a vessel commanded by the petitioner has been taken at the Island of Turks Island by a French Frigate, and others are continually liable to the same fate, whereby the foundation of commercial intercourse between Bermuda and these States as it was regulated in Novr 1775 will be destroyed, Wherefore, your Committee submit to Congress the following Resolution
Resolved, That the case of the Sloop Kitty commanded by Joseph Basden and captured by a French Frigate be communicated to the Honbe the Minister plenipotentiary of France, and that the Situation of the Inhabitants of Bermuda in general be recommended to his attention for such Representations as he may judge proper to make thereon to his most Christian Majesty.1
[Note 1: 1 This report, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 19, I, folio 213.]
Adjourned to 10 o'Clock to Morrow.
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