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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 --MONDAY, OCTOBER 16, 1780
A letter, of 10 July, from the honorable J. Jay; and,
A letter, of 28 May, and 17 July, from Mr. W. Carmichael, were read and returned to the Committee of Foreign Affairs.2
[Note 2: 2 Jay's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 843; those of Carmichael are in III, 736 and 865.]
A letter, of 11 October, from General Washington, was read:3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 152, IX, folio 247. It is printed in the Writings of Washington (Ford), VIII, folio 481.]
Ordered, That the same, together with the late plan for new arrangement of the army, be referred to the committee on his letter of 20 August last.
Another letter, of 13, from General Washington was read.
A letter, of 30 September, from the general assembly of the State of Massachusetts Bay was read, enclosing resolutions
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passed by the said assembly; and also a copy of the proceedings of a convention of committees from New Hampshire, Massachusetts and Connecticut, held at Boston the 3 August last:1
[Note 1: 1 The Massachusetts letter is in the Papers of the Continental Congress, No. 65, I, folio 456; the resolutions passed by the assembly are in No. 65, I, folio 460; Washington's letter is in No. 152, IX, folio 271.]
Ordered, That so much thereof as relates to the formation of the army be referred to the committee on the letter, of 20 August, from General Washington; and
That so much thereof as relates to the supply of the army, be referred to the Committee of Estimates and Ways and Means.
A letter, of 4, from Governor Greene was read, enclosing a copy of the act passed by the legislature of the State of Rhode Island, pursuant to the act of Congress, of 18 March last.
Ordered, That the same be referred to the Board of Treasury.
A letter from James Wilkinson, cloathier general, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXIV, folios 237--241.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [John] Sullivan, Mr. [Ezekiel] Cornell and Mr. [William] Sharpe.
A petition of Ralph Pomeroy was read:3
[Note 3: 3 This petition, dated October 16, 1780, is in the Papers of the Continental Congress, No. 42, VI, folio 242.]
Ordered, That it be referred to the Board of Treasury.
A letter, of this day, from A. Skinner, commissary of prisoners, was read:4
[Note 4: 4 This letter is in the Papers of the Continental Congress, No. 78, XX, folio 561.]
Ordered, That it be referred to the Board of War.
A report from the Board of War was read; Whereupon,
It appearing to Congress that Lieutenant Colonel Ternant had impressed from him two good riding horses during the siege of Charlestown, by order of the State of South Carolina,
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Ordered, That the quartermaster general furnish Lieutenant Colonel Ternant with two good horses, reporting their value to the Treasury Board, who are hereby directed to make the said State accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 605.]
The committee on the memorial of Mr. Holker;
The Committee to whom was referred the Memorial of Mr Holker of the 22d Aug. beg leave to report,
That they have perused and considered the same, and propose thereupon that it be resolved,
That Congress have no control over the courts of the State of Massachusetts Bay, but by appeal in cases of capture, the mode of bringing which appeal and the manner of conducting it before the court of Appeals instituted for this purpose are clearly pointed out.
That it be recommended to Mr Holker to consult able Counsel on this occasion, and to procure such letters of attorney and procuration from his constituents as will enable him to prosecute with effect for their interest according to the laws of Massachusetts Bay, which appear to be equal and sufficient for Spaniards and other foreign friendly nations as well as the subjects of these United States, to afford redress in the case mentioned by him. That whether Joseph De Lano, Master of the Brigantine the Holy Martyrs and John Larriqui of Boston, Merchant, or either of them had legal authority to dispose of the said Brigantine, and her cargo, or whether Mr Holker's Powers are sufficient to recover the same or the value thereof in damages, are matters proper to be decided by the Courts, where they are drawn in question, and if such Courts should determine wrong in the opinion of Counsel, the remedy is by application to a superior Court for redress.
That it be recommended to the State of Massachusetts Bay to appoint Marshalls or other proper officers in their Courts of admiralty if such are not already appointed for the purpose of securing the vessels and Cargoes that may be libelled against or contested in said Courts, and who may be responsible for the same to the party prevailing in the suit and subject to the order and directions of the Court of appeals on pain of Contempt.
That the memorial of Mr Holker be transmitted to the State of Massachusetts Bay, who are requested to take immediate and
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effectual measures for procuring speedy justice to the parties concerned.1
[Note 1: 1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 19, III, folio 149.]
The committee appointed to draught a proclamation for setting apart a day of thanksgiving and prayer;
The committee appointed to draught a letter to Mr. Jay; and
The committee on the letter, of 7th, from General Washington, delivered in their several reports, which were read.
Adjourned to 10 o'Clock to Morrow.
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