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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 --TUESDAY, JANUARY 18, 1785.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Virginia, North Carolina and South Carolina; and
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from Pennsylvania, Mr. [Joseph] Gardner, and from Maryland, Mr. [James] McHenry.
On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [Rufus] King and Mr. [Lambert] Cadwallader,
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to whom was referred a letter of the 14th, from the Mayor of the city of New York, enclosing a resolution of the Common Council, "Offering to the United States in Congress assembled, such parts of the city-hall, or other public buildings belonging to the Corporation, as Congress shall deem
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necessary, and best suited for their accommodation" brought in a report; Whereupon,
Resolved, That the Mayor and Corporation of the city of New York be informed, that Congress entertain a just sense of the attention which they have manifested to the interest of the federal union, in the offer they have made of such of the public buildings in the city as may be necessary for the transaction of public business; and that they accept of the several apartments in the city-hall, the whole of which (except the court and jury rooms) will be necessary for the session of Congress, and the accommodation of their officers.1
[Note 1: 1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 20, I, folio 407. The letter of the mayor, James Duane, is in No. 67, II, folio 469.]
The Committee consisting of Mr [William] Ellery, Mr [Elbridge] Gerry, and Mr [William] Houstoun, to whom a memorial of Jedediah Leeds & Co. was referred beg leave to report.
That from said Memorial and the papers accompanying it, it appears that the Memorialists were owners of a sloop called Fortune which in the year 1782 sailed from the State of Connecticut on a trading voyage to Martinico in the West Indias. That on her passage she was captured by a British cruizer, and soon after recaptured by John Barry Esq. Commander of the Continental Frigate Alliance and sent to Mr. Ceronio, Agent in Hispaniola for the United States, who sold said vessel and cargo. That the said agent has charged the United States with one half of the nett proceeds of the said prize Sloop Fortune and Cargo amounting to 5063 livres, six sols, and 11 deniers, Hispaniola Currency. That the Memorialists, not knowing that the one half of the nett proceeds of said Sloop and cargo was transmitted to the Treasury of the United States for the use of said Company, commenced an action against Capt. Barry, and at a Superior Court held in New London in the State of Connecticut on the 4th Tuesday of Sept. A.D. 1784 recovered judgment against him for the sum of £471.5.10 Lawful Money and costs. That by an ordinance passed the 3rd day of December 1781 it is ordained that, "in all cases of recapture by an armed vessel, fitted out at the expense of the United States, of a vessel or other effects belonging to a citizen, the Court shall adjudge the proportion which would be due
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to the United States to be remitted to such citizen, no regard being had to the time of possession by the enemy." That the Memorialists being informed of this ordinance applied to the late Superintendent of Finance and found that one half of the nett proceeds of said Sloop Fortune and Cargo amounting to 5063 livres 6 sols 11 Den. as before mentioned had been paid into the Treasury of the United States but that Mr. Morris being out of office did not consider himself authorized to pay the same to the Memorialists without a special order of Congress.
That notwithstanding your Memorialists have obtained Judgment against Captain Barry for a much larger sum then the nett proceeds of the one half of said Sloop Fortune and her Cargo, they are content to receive said sum of 5063 Livres 6 sols 11 Deniers and will thereupon discharge Captain Barry from said Judgement.
Wherefore your Committee are of opinion that the Treasurer of the United States should be directed to pay to Jedediah Leeds & Co. or their order to the amount of five thousand and sixty three livres, six sols, and eleven deniers Hispaniola currency, upon their giving to Captain Barry a full discharge from the judgement obtained against him by the sd. Jedediah Leeds & Co. at a Superior Court held at New London in the State of Connecticut on the 4th Tuesday of Sept. 1784.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, III, folio 525. Leeds & Co.'s memorial is in No. 41, V, folio 341. See post, February 24. This committee had been appointed December 14, 1784.
On this day, according to Committee Book No. 186, the following nominations were made for Commissioner under the Ordinance of December 23, for erecting federal buildings:
John Brown by Mr. [David] Howell.
Francis Hopkinson by Mr. [Hugh] Williamson.
James Christie by Mr. [Joseph] Gardner.
Philemon Dickinson by Mr. [Archibald] Stewart.
Robert Morris by Mr. [William] Ellery.
Govr. [William] Livingston by Mr. [Elbridge] Gerry, withdrawn by Mr. Gerry.
Genl. Gates by Mr. [James] Monroe.
Genl. Smallwood by Mr. Charles Pinckney.
Genl. the Baron Steuben by Mr. [Samuel] Hardy.]
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