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JOURNALS OF CONGRESS,

1778.

SATURDAY, August 1, 1778.
A letter, of July 22d, from gen. Armstrong, was read:
Ordered, That it be referred to the board of war.

Two letters from gen. Washington, one dated June 18th, and the other July 25th, with a copy of general orders respecting the office of inspectorgeneral, were read:

Ordered, That the same be referred to a committee of three: the members chosen, Mr. Reed, Mr. Boudinot, and Mr. Chase.

A letter, of July 31st, from the board of war, was read, representing that, pursuant to the orders of Congress, Cornelius Sweers has been secured in such manner as the board of war deemed sufficient, while it remained in a degree doubtful, whether or not he had been guilty of frauds against the states ; that the matter being now reduced to a certainty, and the sums deficient amounting to many thousand pounds, the board are uneasy at his remaining guarded only by centries, and those of raw troops : Whereupon,

Ordered, That Cornelius Sweers, deputy commissary-general of military stores, now in custody by order of this house, be immediately closely confined in the public gaol within this city, and that he be charged with malconduct in his office generally, and particularly with the crime of forgery.

Resolved, That the executive council of the state of Pennsylvania be requested to direct the keepers of their gaol to receive into custody, and safely keep, the said Cornelius Sweers.

Ordered, That the letter from the board of war be referred to the committee on the deposition of Thomas Clifton, and that the committee be directed to report on the mode of trying Cornelius Sweers and bringing him to justice.

Resolved, That a committee of three be appointed to consider of and report to Congress such recommendations to the legislatures of the several states for the enacting of laws, calculated to enable

Congress, as the superintending executive of the United States, to proceed in civil and criminal cases as the nature of such government may require : the members chosen, Mr. Reed, Mr. Dana, and Mr. Drayton.

A letter, of July 28th, from the board of war, was laid before Congress, together with an invoice of goods bought of Peter Whitesides & Co.

Ordered, That the same be referred to the board of treasury.

The marine committee brought in a report, which was read, and after debate,

Resolved, That it be re-committed.

The committee of commerce, to whom was referred a letter of July 15th, from Mons. de Francey, brought in a report, which was taken into consider ation: Whereupon,

Ordered, That the cargoes of the snow Speedwell and of the brigantine Braxton, governor Johnston and Morris, now ready to sail from America for France, be consigned to the commissioners of Congress at Paris, who are directed to settle the accounts of Mr. John Ross with Congress, and to pay him VOL. III.

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the balance thereof out of the proceeds of the said cargoes; and the residue, if any, to the house of Hortales & Co. as they judge proper.

Ordered, That the ship Virginia, now laying laden with a cargo of tobacco on public account in Virginia, be consigned to Roderique Hortales & Co. Adjourned to nine o'clock on Monday.

MONDAY, August 3, 1778.
A letter, of the 2d, and one of the 3d, from Cornelius Sweers, were read :
Whereupon, a motion was made,

That col. Benjamin Flower, commissary-general of military stores, be immediately arrested and closely confined in the gaol of this town:

To which an amendment was moved,

That a member of this house be appointed forthwith to repair to the place where Cornelius Sweers, late deputy commissary of military stores, is confined, and to take the deposition of the said Cornelius Sweers, relative to the charge made by him against col. Benjamin Flower, for frauds in his office; and in case it should appear, on the deposition of the said Cornelius Swears, that col. Flower is charged with frauds and mal-practices in the discharge of his office, in such case notice be given to the board of war, who are hereby ordered to arrest the said B. Flower without delay, and to confine bim in gaol, taking care to secure his money and effects, and all his papers public nature.

On which amendment, the yeas and nays being required by Mr. Duer,
New Hampshire, Mr. Bartlett, no no Maryland, Mr. Chase,
Massa'stts-Bay, Mr. S. Adams,

Forbes,
Dana,

Plater, ау.
Lovell,

Virginia, Mr. R. H. Lee, ay
Holten,

Banister,

ay Rhode-Island,

Yay
Mr. Marchant,
no yno

T. dams,
Connecticut, Mr. Sherman,

Harvie,
Hosmer,

N.-Carolina, Mr. Penn, no no
A. Adams,

S.-Carolina, Mr. Laurens, ay
New-York, Mr. Duer,

Drayton,
G. Morris,

Matthews,
New Jersey, Mr. Scudder,

Heyward, ay)
Boudinot,

Georgia, Mr. Telfair, ay ay
Pennsylvania, Mr. R. Morris,

So it passed in the negative.
Another amendment was moved in the words following:

Colonel Benjamin Flower, coinmissary-general of military-stores, being charged with mal-conduct in the execution of his office, Ordered, That he be arrested and safely kept until further order of Congress :

On this, the yeas and nays being required by Mr. Chase,
New Hampshire, Mr. Bartlett, ay Yay Maryland, Mr. Chase,
Massa'stts-Bay, Mr. S. Adams, ay

Plater, ay ay
Dana, ay

Forbes, ay
Lovell, ay pay Virginia, Mr. R. H. Lee, cy
Holten, ay

Banister,
Rhode-Island, Mr. Marchant,

T. Adams,
Connecticut, Mr. Sherman, ay

Harvie,
Hosmer, no Say N.-Carolina, Mr. Penn,

ay Yay A. Adams

S.-Carolina, Mr. Laurens, ay)
New-York, Mr. Duer,

Drayton,
G. Morris,

Matthews, ay
Pennsylvania, Mr. R. Morris,

Heyward,
Georgia,

Mr. Telfair,
So it was resolved in the affirmative.
Ordered, That the board of war carry into execution the foregoing order.
Ordered, That the continental treasurer make no farther payments of

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money to col. Benjamin Flower, or his order, upon any warrant heretofore granted, until farther order of Congress.

A letter, of the 2d, from capt. Hawker and other officers of the Mermaid, was read. Adjourned to nine o'clock to-morrow.

TUESDAY, August 4, 1778. Mr. John Williams, a delegate from North-Carolina, attended and took his seat in Congress.

A letter, of the 28th of July, from gen. Washington, by major-general Putnam, was read :

Ordered, That it be referred to a committee of three : the members chosen, Mr. Hosmer, Mr. R. H. Lee, and Mr. Scudder.

A letter, of the 20th, and one of the 22d of July, from the council of Massachusetts-Bay, were read :

Ordered, That the letter, of the 22d, be referred to the committee on the letter of the 23d of July, from J. Wadsworth, commissary-general.

A letter, of July 24th, from W. Finnie, deputy quarter-master general, was read:

Ordered, That it be referred to the board of treasury.
A letter, of the 21st of July, from col. D. Mason, was read:
Ordered, That it be referred to the board of war.

A letter, of the 3d, from major-general Arnold, accompanied with the proceedings of a general court-martial against Jacob Rhoads and Jacob Gandy, both sentenced to suffer death, but at the same time recommended by the court as proper objects of mercy, was read, setting forth, that he has ordered the sentence to be suspended until the pleasure of Congress is known, and begging leave, as many circumstances appear in favor of the prisoners, to recommend them to Congress as proper objects of mercy : Whereupon,

Resolved, That a pardon be granted to the said prisoners.

A representation from W. de Galatheau, proprietor and commander of the ship Foubonne, was read.

Ordered, That it be referred to the marine committee.
A petition and memorial from James O’Ellers and H. Horn, was read:

Ordered, That it be referred to a committee of three, and that they report specially thereon: the members chosen, Mr. Drayton, Mr. Hosmer, and Mr. R. H. Lee.

A letter, of July 18th, from col. T. Bland, of the light dragoons, respecting rank, was read:

Ordered, That it be referred to the board of war
The committee on the treasury brought in a report ; Whereupon,

Ordered, That a warrant issue on the treasurer in favor of Mr. Joseph Nourse, pay-master to the board of war and ordnance, for 100,000 of dollars, to be by him transmitted to William Palfrey, esq. pay-master general at camp, for the use of his department, and for which he is to be accountable.

Ordered, That the following warrants issue in favor of col. John Cox, assistant quarter-master general, for the use of the quarter-master general's department, amounting to the sun. of 2,000,000 ca dollars, to be charged to major-general Green, quarter-master general, viz.

One on the treasurer for the sum of 1,500,000 dollars; one on Derk Ten Broek, commissioner of the continental loan-office in the state of New York, for 100,000 dollars ; one on John Lawrence, esq. commissioner of the continental loan-office in the state of Connecticut, for 150,000 dollars; one on Joseph Clarke, esq.commissioner of the continental loan-office in the state of Rhode-Island, for 100,000 dollars; and one on Nathaniel Appleton, esq. commissioner of the continental loan-office in the state of Massachusetts-Bay, for 150,000 dollars.

Ordered, That the committee on the treasury lay before Congress an account of the sums of money granted to the present quarter-master general for the use of his department, and of the sums granted to the present commissary-general of purchases, to the commissary-general of military stores, and to the clothier-general, for the use of their respective departments.

The committee on the treasury brought in another report; Whereupon,

Ordered, That a warrant issue on the treasurer for 1759 15-90 dollars, in favor of the committee of commerce, to enable them to pay James Warren, esq. of Boston, his account of freight and charges on sundry merchandise belonging to the United States, agreeably to his account rendered them, dated the 16th of July last; the said committee to be accountable:

That a warrant issue on the treasurer for 100,000 dollars, in favor of Jonathan Potts, esq. deputy director-general of the middle district, for the use of his department; he to be accountable.

On motion, Ordered, That the commissary-general of prisoners do, from time to time, on the exchange of prisoners in the possession of the enemy, take proper care of those who shall appear to be in such ill state of health as to be unable to travel, either by sending them to a public hospital, or when that cannot be readily effected, by appointing proper persons to take care of them on the easiest terms practicable; and that those who are able to travel, be furnished with orders on the different commissaries of issues, on their way for such a number of rations as may be necessary for their support to their respective places of abode; also that the commissary of prisoners do keep exact accounts of the expenses attending those that belong to the different states, and are not in the continental service.

The marine committee, to whom was referred the petition of William -Storey, clerk to the navy board of the eastern district, report as their opinion, that it is not expedient at this time to raise salaries, when measures are about to be taken by Congress for the appreciation of the currency; but in consideration of the great and constant business in which the above petitioner is engaged, and the expensive living for the past and at the present time, the committee think a compensation of 500 dollars, for his extra services and expenses since his appointment, should be allowed him.

The committee farther report, that as the commissioners of the navy board in the eastern district, are necessarily obliged, for the right discharge of their duty, frequently to visit the different parts of their extensive district, they be allowed 365 dollars each, for their travelling expenses the year past.

Řesolved, That Congress agree to the said report.

Congress resumed the consideration of the letter of the 2d, from captain Hawker, and the other officers of the Mermaid, and after debate,

Resolved, that the farther consideration thereof be postponed.

Resolved, That the execution of the resolution of yesterday, relative to the arrest of col. Benjamin Flower, commissary-general of military stores, be committed to major-general Arnold; and that the secretary transmit to the general a copy of the said resolution. Adjourned to nine o'clock to-morrow.

WEDNESDAY, August 5, 1778. A memorial from Samue. H. Sullivan, deputy quarter-master under gen. Mifflin, late quarter-master general, was read :

Ordered, That it be referred to the board of war.

Brigadier Maxwell having recommended the Rev. Mr. Andrew Hunter to be appointed chaplain to his brigade,

Resolved, That the said Rev. Andrew Hunter be, and he is hereby appointed chaplain to the brigade commanded by brigadier Maxwell.

A motion was made, that the pay of the Rev. Mr. Hunter commence from

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