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before the present war," be suspended until further order of Congress.

Congress took into consideration the report of the committee on the petition of M. M'Connell, &c. and others, under similar circumstances, wherein it is represented,

The Committee to whom was referred the petition of M.Connel Taggart, &c, with other cases under similar circumstances, Report

That the resolution of the 25th of Feby last referred to in the resolution of the 26th of August last respects only the prices at which the several States should be credited for the specific supplies exclusive of the cost of transportation—and doth not with Justice apply to individuals in all cases

That the petitioners, in the summer past, had, in the vicinity of the army near West Point, a quantity of rum, &c. which they had transported thither at their own expence from a considerable distance; that by order of the commanding officer at West Point, some of the rum, &c. was received upon special contract, and some was taken without any particular contract, for the use of the garrison; that the price agreed for is no more than the current price at that time in that place, and not greatly exceeding the price fixed by the resolution of the 25 February, after deducting the charges of transportation: that cases such as these, being singularly circumstanced, ought not to be confined to the rule prescribed in the resolution of the 26 August: Whereupon,

Resolved, That the cases above referred to, and others under similar circumstances, where supplies have been furnished by individuals for the use of the army, upon particular contracts, be settled and paid agreeably to such contracts, making good the depreciation; and that where such supplies are taken without any particular contract, they be settled and paid according to their just value, to be estimated by the current price of such articles at the time and place, when and where taken, with the depreciation, to be calculated in both cases by the rules established for that purpose.

1 This report is in the Papers of the Continental Congress, No. 61, folio 485. It was delivered December 22, 1780, as the indorsement shows.

The committee appointed to confer with the managers of the Bank laid before Congress “An Account of the first payment received on the loan subscription":2

Ordered, That it be referred to the Board of Treasury to devise ways and means of repaying the same to the managers of the bank.

A letter from Abraham Skinner, with sundry papers, was read: 3

Ordered, That the same be referred to a committee of three.

The members, Mr. (John) Sullivan, Mr. [Abraham) Clark, Mr. [William] Sharpe.

A report from the Board of War was read; Whereupon,

Ordered, That fifty thousand dollars of the old emissions be furnished to Colonel Miles, Deputy Quartermaster for the State of Pennsylvania, for the purpose of supplying Captain Brown, of Harrison's regiment of artillery, with monies to bear the extra expences of a number of waggons under his charge on their way to the southern army.

Adjourned to 10 o'clock to Morrow. 1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 19, IV, folio 13. A copy of the report from the Journal is in No. 42, VII, folio 414.

This account is in the Papers of the Continental Congress, No. 34, folio 297. This letter is in the Papers of the Continental Congress, No. 53, folio 149. * This report is in the Papers of the Continental Congress, No. 147, VI, folio 31.

A remonstrance of the Legislative Council and General Assembly of New Jersey, of January 3, against the sale of lands by Virginia was presented on this or an approximate date. It is in the Papers of the Continental Congress, No. 68, folio 565.

FRIDAY, JANUARY 5, 1781

A letter, of 4, from John Wharton, one of the navy board of the middle district, was read, desiring leave to resign;

Ordered, That it be referred to the Board of Admiralty.

A letter, of 4, from John Sandford Dart, was read, accepting the office of auditor to the southern army.'

Resolved, That two members be added to the committee appointed on the 3d instant to confer with the supreme executive of the State of Pensylvania, on the subject matter of the intelligence received that day; and that the said committee be instructed to act in concert with the said executive, and fully empowered to take such measures as may appear necessary to quiet the disturbances in the Pensylvania line:

The members added, Mr. [Samuel John] Atlee and Mr. [Theodorick] Bland.

Ordered, That a warrant issue in favour of the committee aforesaid on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twenty-five thousand dollars, for defraying their expences.

The committee to whom was re-committed their report on the letter of James McComb brought in another report; Whereupon,

Resolved, That bills of exchange on the minister plenipotentiary of these United States at the Court of Versailles for twelve hundred pounds sterling, payable at 90 days sight, be prepared by the Board of Treasury and delivered to the Board of War, and negotiated for purchasing under their direction cloathing for the Jersey line.?

Resolved, That a warrant issue on the treasury of the State of New Jersey in favour of John Pierce, deputy paymaster, for £2000 five thousand dollars of the new emissions

Wharton's letter is in the Papers of the Continental Congress, No. 78, XXIV, folio 293; Dart's letter is in No. 78, VII, folio 323.

This resolution was also entered in the manuscript Secret (Domestic) Journal.

agreed to be advanced by the said State towards the pay of

the army.

A letter, of 26 December, from P. Schuyler, was read:1
Ordered, That it be referred to the Board of War.

The Committee to whom was referred the Petition of George Fisher late of the City of New York biscuit baker, Report.

That presuming that Congress intended by the resolutions of the 26th of August last to give relief to all who have furnished supplies for the war and who have suffered by the depreciation of the paper currency, as well on settled as unsettled accounts, your Committee are of opinion, That the Petitioner is entitled to the relief provided by the said resolution if upon a resettlement it shall appear that payments have not been duly made, and in order that all creditors on settled as well as unsettled accounts may be enabled to obtain such liquidations of their respective accounts as will enable them to avail themselves of the relief provided by the said resolutions of the 26th of August last, your Committee submit that it be,

Resolved, That all accounts of creditors to the United States who have furnished supplies for the Army, or for the transportation thereof which have been settled may be resettled agreeably to the rules laid down in the resolution of the 26th of August last, and that all such creditors whose accounts shall be so resettled be entitled to the relief provided by the said resolution.”

Congress took into consideration the report of the committee on the memorial of George Fisher, and it appearing that the said George Fisher served as a baker to the army of these states in the years 1777, 1778 and 1779, and in the course of his business borrowed large sums of money to purchase flour which he baked into bread and delivered to the army; that, upon the settlement of his accounts with the commissary in December, 1779, he was allowed only the nominal sums advanced by him as aforesaid, which he re

1 The report on McComb's letter, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, IV, folio 9. Schuyler's letter is in No. 153, III, folio 589.

2 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 19, II, folio 281.

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ceived in May, 1780; and that the sums borrowed and applied as aforesaid are still due and must be paid according to the value at the time of borrowing them, making good the depreciation; Whereupon,

Resolved, That the settlement of the accounts of George Fisher aforesaid be revised and settled by the commissary according to the resolution of the 26 of August last.

The committee to whom were referred the letter of Abraham Skinner, commissary of prisoners, and other papers relative to the treatment of prisoners in the hands of the enemy, delivered in a report as follows:

"That notwithstanding every effort of Congress to obtain for our people, prisoners in the hands of the enemy, that treatment which humanity alone should have dictated, the British commanders, unmindful of the tenderness exercised towards their men, prisoners in our hands, and regardless of the practice of civilized nations, have persisted in treating our people, prisoners to them, with every species of insult, outrage and cruelty. Officers and men are indiscriminately thrown into the hold of prison-ships and into loathsome dungeons, and there deprived of fuel and the common necessaries of life, by which means many of the citizens of these states have been compelled to enter into their service, to avoid those distresses which a conduct so contrary to the law of nations had brought upon them. Our seamen taken upon the American coast, have been sent to Great Britain, and other parts beyond seas, to prevent their being exchanged, or to force them to take arms against their native country: that in the opinion of the committee, an exercise of the law of retaliation has become necessary, as a justice

* This and the preceding paragraph are based upon a report in the writing of Jesse Root, in the Papers of the Continental Congress, No. 19, II, folio 285. A copy, as an extract from the minutes, is in No. 138, I, folio 479.

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