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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 --WEDNESDAY, MAY 14, 1783
Mr. Benjamin Hawkins and Mr. H[ugh] Williamson, two of the delegates of North Carolina, attending, produced credentials dated 27 day of April, 1783, by which it appears, that Benjamin Hawkins, Hugh Williamson, Abner Nash, and Richard Dobbs Spaight, esqrs. were duly elected and appointed to represent the said State for one year, from the 13th day of May, 1783.
The State of North Carolina
To the Honorable Benjamin Hawkins Hugh Williamson Abner Nash and Richard Dobbs Spaight Esquires Greeting
We reposing especial trust and confidence in your Integrity fidelity and abilities do by these presents constitute and appoint you and each of you our Delegates to represent us in the Congress of the United States of America, being elected for this purpose by joint ballot of Both Houses of our General Assembly now met at Hillsborough. To have hold and exercise all the Powers and authorities of this Your Delegation for one Year, to be computed from the thirteenth Day of May next, together with all the rights privileges profits and emoluments which to the same belong or in any wise appertain,
In Testimony whereof we have made these our Letters Patent. Witness Alexander Martin Esquire our Governor Captain General and Commander in chief who hath hereunto set his hand and affixed our Great seal at Hillsborough the 27th Day of April 1783, and seventh Year of our Independence.
Alex: Martin
[with the great seal appendant]1
[Note 1: 1 The original is in the Papers of the Continental Congress, North Carolina, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
By His Exllys Comd.
J. Glasgow Sec.
The Committee [Mr. Stephen Higginson, Mr. Benjamin Hawkins Mr. John Lewis Gervais] appointed to enquire into the conduct of Capts. Greene and Barney agreeable to a request of the Superintendent of Finance in a letter of the 1st instant do report.
That having seen the instructions given to those Captains, and to Mr. Brown who was supercargo of the ship Duc de Lauzun and having
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enquired minutely of those gentlemen concerning their respective voyages, they find the state of those transactions to be as follows:
The ship Lauzun went from hence to Hayanna with a cargo of flour and beef on the public account. Mr. Brown who had the management of the business was directed to sell the flour and beef, and to ship the proceeds thereof, and of the bills he should there dispose of in cash, by the Alliance, the Lauzun or other good ships bound to America and in such proportions as circumstances might render eligible. No direction was given either to Mr. Brown or to Capt. Greene to ship any goods at Hayanna in the Lauzun on the public account nor to take any goods on freight for the account of others. Mr. Brown and Captain Greene alledge that as the ship was not to be improved for the public use after her arrival at Hayanna, in any other way than by bringing money from thence and as the expence of ballasting the ship properly for the passage home would have been great, probably about 1000 dollars, they conceived that taking in goods equal to the ballast wanted would, by saving that expence, be beneficial to the public. They therefore shipped on board the Lauzun the goods contained in the manifest. Those goods all belonged to themselves and the officers of the ship except a few small packages of no importance. They did not conceive their doing this was in any degree improper under such circumstances or injurious to the public. They accordingly made no secret of the matter but reported truly to the naval officer the whole goods brought in the ship; but through accident and inattention they did not make any report thereof to the Agent of Marine, which they ought to have done.
The directions given to Capt. Barney neither permitted not prohibited his taking any goods on board his ship in France, he however conceived himself and his officers to be entitled to the customary privileges. Accordingly he took on board in France sundry goods on freight as mentioned in the manifest. These goods he says were not equal in weight nor in bulk to the amount of their privileges, nor the goods which they carried from hence to France in the ship. The freight of these goods he and his officers received therefore to their own use. He had purchased some prize rum for his adventure, but that being a bulky article, he shipped it in another vessel at a higher freight than that which he received, that his own ship might be the less encumbered. Captain Barney received a letter from Dr. Franklin informing him that he should send him a British passport
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for his ship which would secure his adventure against the enemy. That passport has no expression in it that even implies a prohibition to take goods in the ship or that the security of the ship would in any degree be thereby affected. Captain Barney reported to the 'Naval Officer the goods he brought from France in his ship but made no such report to the Agent of Marine.
The committee submit the following resolution to the consideration of Congress:
Resolved, That the conduct of Captain Greene and Mr. Brown relative to the ship Duc de Lauzun and the conduct of Captain Barney relative to the ship Washington as reported by the committee be referred to the Agent of Marine to take such order thereon as he may think best.1
[Note 1: 1 This report, in the writing of George Bond, of the Secretary's Office, is in the Papers of the Continental Congress, No. 19, II, folio 515. The indorsement shows that it was delivered this day, entered grid read, and June 5 assigned for consideration, but its final disposition is not indicated. According to Committee Book No. 191, it was filed.]
The committee of the week [Mr. John Montgomery, Mr. Jonathan Arnold and Mr. Thomas [Mifflin] axe of opinion that this memorial of Captain Pickles should be read in Congress.
13 May, 1783.2
[Note 2: 2 This report, in the writing of Thomas Mifflin, is in the Papers of the Continental Congress, No. 137, II, folio 625. Pickles's memorial is on folio 623. It was read on March 14 and referred to the Agent of Marine to report.]
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