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OF

The American Congress:

From 1774 to 1788.

IN FOUR VOLUMES.

VOLUME III:

From August 1, 1778, to March 30, 1782, inclusive.

WASHINGTON

PRINTED AND PUBLISHED BY WAY AND GIDEON.

1823.

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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 S1st, 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 weers 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 Speed well and of the brigantine Braxton, governor Johnston and Morris, now ready to sail from America for rected to settle the accounts of Mr. John Ross with Congress, and to France, be consigned to the commissioners of Congress at Paris, who are di

VOL. III.

1

pay

him

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 him in gaol, taking care to secure his money and effects, and all his papers of a public nature.

On which amendment, the yeas and nays being required by Mr. Duer, New-Hampshire, Mr. Bartlett,

no no Maryland,

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Mr. Chase,

no

Massa'stis-Bay, Mr. S. Adams,

no

Forbes,

no

no

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Virginia,

Mr. R. H. Lee,

ay

Holten,

по

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no yno

T. Adams,

ay

no

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по по N.-Carolina,

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So it passed in the negative.

Another amendment was moved in the words following:

Colonel Benjamin Flower, commissary-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,

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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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