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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, APRIL 26, 1782
A letter, of 24, from the Superintendant of finance, was read, respecting the accounts and claims of Captain Landais; Whereupon, the report of a committee, consisting of Mr. N[oble] W[imberly] Jones, Mr. [Abraham] Clark, and Mr. [George] Partridge, to whom was referred a memorial of Captain P. Landais, was called for, which being read,
The Comtee to whom was referred the memorial of Capt. Landais late commander of the Alliance Frigate beg leave to report,
That they have examined the settlement of Capt Landais's acct. in the Comptrollers office for his pay subsistance and extra expences and cannot find but that the same is done in a just and equitable manner, whereby a balance appears in his favour of 2178 16/90 dollars,
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which the Committee are of opinion ought to be paid to him without delay, and therefore propose that it be,
Resolved, That the Superintendant of Finance be directed to take measures for paying Capt. Landais the above ballance of 2178, 16/90 Dollars.
The Committee further report that Congress by their act of the 6th of March, 1779, allowed twelve thousand livres to Capt. Landais as a gratuity for bringing military stores from France, which it appears hath been charged to him as paid in bills on Dr. Franklin Minister Plenipotentiary of the United States at the Court of France. But as it is doubtful whether Capt. Landais ever received the same, the Committee therefore report as follows,
That the Superintendant of Finance be directed to write to Dr. Franklin requesting him to pay Capt. Landais the said twelve thousand livres with interest for the same from the 6th day of Sept. July 1779, provided he hath not already payed the same.
With respect to Capt. Landais's claim for his share of prizes carried into France and Holland, and put under the direction of Mr. Le Ray Do Chaumont, as no settlement hath been made therein, or any money recd. by the United States on that account from Mr. Chaumont, the Committee are of opinion no advances ought to be made to Capt. Landais by the United States. But as Congress are now taking measures for procuring a settlement for those prizes and the payment thereof to all the officers and Seamen interested therein, Capt. Landais will receive his share of those prizes in common with others concerned whenever the same shall be settled and paid.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 41, V, folio 375, and Landais' memorial is in 41, V, folio 275.]
Resolved, That the report of the committee on Captain Landais's memorial be rejected, that the said memorial be dismissed, and that Congress approve of the steps taken in his case by the Superintendant of finance.2
[Note 2: 2 This resolution, in the writing of John Morin Scott, is in the Papers of the Continental Congress, No. 41, V, folio 373. The Superintendent of Finance's letter is in No. 137, I, folio 419.]
On the report of a committee, consisting of Mr. [Joseph] Montgomery, Mr. [William] Floyd, and Mr. [Samuel] Osgood, to whom was referred a report of the Secretary at War, on a letter from Colonel Baldwin:
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Resolved, That Jeduthun Baldwin, colonel of engineers in the army of the United States, be considered as a supernumerary officer retiring from the service; and that he be entitled according to his present pay to equal emoluments, which shall be received by the officers of the line, who retired under the resolutions of Congress of the 3d and 21 of October, 1780.1
[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 19, I, folio 189. The Secretary at War's report, which it follows, is in No. 149, I, folio 275, and Colonel Baldwin's letter is in No. 19, I, folio 197.]
On a report of a committee consisting of Mr. [Joseph] Montgomery, Mr. [Theodorick] Bland, and Mr. [Philemon] Dickinson, to whom was referred a report of the delegates of Pensylvania, Maryland, and Virginia, on a memorial of Colonel Carrington:
The Committee to whom was referred the Report of the Delegates of Pennsylvania, Maryland and Virginia on Col Carrington's memorial, beg leave to inform Congress, that they have had a conference with the Supreme Executive Council of Pennsylvania and find that said council are determined not to appoint a Lieut Col: Comt to their regiment of artillery untill they can recruit it so as to have the number equal to a Lieut Col's command.
Your Committee also find that said Council will not submit to any appointment Congress may make to fill up any vacancy in said regt as being contrary as they apprehend to the 7th Article of the Confederation.
Your Committee beg leave therefore to submit the following resolution, viz,
Resolved, That Col Carrington cannot, at present be appointed to the command of the 4th regt of Artillery2
[Note 2: 2 This report, in the writing of Joseph Montgomery, is in the Papers of the Continental Congress, No. 19, I, folio 541.]
Resolved, That Lieutenant Colonel Carrington be informed, that the 7th Article of the Confederation having reserved to the states, the right of appointing all officers of and under the rank of colonels for the forces respectively raised by them, and of filling up all vacancies of such officers, Congress
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cannot appoint him to the vacancy in the command of the 4 regiment of artillery raised by the State of Pennsylvania.1
[Note 1: 1 This resolution, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, I, folio 541.]
On a report of a committee, consisting of Mr. [Samuel John] Atlee, Mr. [Theodorick] Bland, Mr. [George] Partridge, Mr. [Ezekiel] Cornell, Mr. [Abraham] Clark, to whom was referred a letter, of 11, from the Secretary at War,
The Committee to whom was committed the letter from the Secretary at War of 15th April 1782--
Report--That according to order they have conferred with the Secretary at War upon the substance of the said letter and find that there is an absolute necessity for the safe keeping the ammunition; that sundry Magazines be immediately built at the following places, viz: at Springfield in Massachusetts--at West Point in New York at the Yellow Springs in Penna and at New London in the State of Virginia--and beg leave to recommend the following Resolution--
Resolved, That the Secretary at War take order for establishing good and sufficient magazines for the reception of the public ammunition at the following places, to wit: at Springfield, in the State of Massachusetts; at West Point, in the State of New York; at the Chester County Yellow Springs, in the State of Pensylvania; and at New London, in the State of Virginia.
And that the Secretary of War report to Congress if either magazine shall be necessary.2
[Note 2: 2 This report in the writing of Samuel John Atlee, is in the Papers of the Continental Congress, No. 27, folio 165. The resolution was also entered in the manuscript, Secret (Domestic) Journal.]
Marine Office, April 24th, 1782.
Sir As Congress have thought proper to refer my letter of the 15th inst. back, in order that as Agent of Marine I may report thereon, I shall submit my opinion respecting the Bourbon Frigate.
It appears from Capt. Nicholson's letters that this ship is far advanced in the building, and that the Timber is perfectly Sound, we know that a good deal of Money and Labour has already been expended on her, which must be lost unless the work is prosecuted, as the Hull in its present situation would sell for but little. There is
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also a degree of Dignity in carrying through such measures as Congress have once adopted, unless some change of circumstances renders the execution improper. The present circumstances of the United States I apprehend to be such as should induce our attention to the re-establishment of a Naval Force, and altho' former attempts have proved unfortunate, we must not take it for granted that future Essays will be unsuccessful. Altho' the Naval Force of our enemy is powerful and their Ships numerous, yet that Force is opposed by equal Numbers, so as to give them much more employment than at the time our infant Fleet was crushed.
These considerations incline me to the opinion that the Bourbon should be compleated. It was my wish to finish this Ship by contract, and therefore I directed Capt. Nicholson to advertize for proposals, he did so, and only two offers have been made, one by the former agent Capt. Cotton and the other by Capt. Nicholson himself.
I do not think it would be advisable to accept either of those offers, but that it will be preferable to carry on the work as it was begun, by paying wages to the persons employed.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, I, folio 415. According to the indorsement, it was, on this day, referred to the Agent of Marine to take order.]
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