That Mr R. Morris wrote a Letter to this Committee, dated Man heim, the 24th January, 1778, enclosing a Copy of a Letter from M: John Ross to him, dated Passy, 7th October, 1777, advising that the Honorable Commissioners at the Court of France had advanced him 450,000 Livres Tournois towards enabling him to make good his payments and engagement for Goods he had purchased on account of the United States in conformity with instructions given him by the Secret Committee, and that he had engaged to repay the Commissioners when enabled to do it by remittances from America. M: Morris conceiving it of importance that M: Ross should be enabled to return the Monies thus advanced to him, proposed to the Committee that some cargoes of Tobacco laden on Continental Account, and then lying in Maryland and Virginia, might be consigned to the said Mr John Ross for that purpose, as well as to reimburse him of his own advances, and the Committee concurring in this opinion authorized and empowered M: Morris by their Letter of the 30th January last to direct such consignments. In conformity thereto, he immediately wrote to the Agents who had the care of the following Vessels and cargoes directing them to the Address of M: Ross viz:

120 do

Snow Speedwell, Captain Kent, with 142 Hhds. tobacco.
Brig Braxton, Captain James, with
Brig Governor Johnston,

with 476

do

do

Brig Morris, Capt. Gunnison, with 269

1007

These assignments were made to the consignation of M: Ross before Monsieur de Francy appeared at Congress, which did not happen until the middle of February last; consequently cannot in any shape be construed or deemed as a breach of the contract afterwards made with him.

Your Committee find that M: John Ross has, in conformity with the instructions he received from the Secret Committee, purchased and shipped goods for the public Account to the Amount of £50,000 Sterling, of which the whole or nearly the whole are safely landed in America, and that he has received towards the Cost of these goods 450,000 livres from the Commissioners, equal to about £20,000 Sterling, and part of the neat proceeds resulting from sundry cargoes of produce and bills of exchange purchased with 90 M Continental dollars, equal to £33,750

Pennsylvania Currency remitted to him, which we cannot reasonably expect to realize above £15,000 St Consequently a balance of £15,000 Sterling remains due to him, besides the advances he has made for the cost of the ship Queen of France and her Outfit, by order of the Commissioners. These Debts being contracted, recognized and the consignments of the four cargoes of tobacco ordered previous to the contract with M: De Francy, Your Committee are of opinion said Cargoes ought to go forward to address of M: John Ross agreeable to the instructions given by M: R. Morris.

Ordered, That the cargoes of the snow Speedwell, of the brigs 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 the balance thereof out of the proceeds of the said cargoes; and the residue, if any, to the house of Hortalez & Co. as they judge proper.1

Ordered, That the ship Virginia, now laying laden with a cargo of tobacco on public account in Virginia, be consigned to Messrs. Roderique Hortalez & Co.,

in Conformity with the Contract made with Mr. De Francey, and that such other Consignments and Remittances should be made to Messrs. Roderique Hortalez & Co., as can with convenience and propriety be accomplished, and that Mr. De Francey should be informed thereof, with an explanation of the circumstances set forth in this Report."

Adjourned to 9 o'Clock on Monday.

1 This paragraph, which did not form part of the original report, is in the writing of Francis Dana, and is in the Papers of the Continental Congress, No. 31, folio 1834. "This report, in the writing of is on folio 181. On folio 235 is the following, without date: "The Commercial Committee beg leave to Report that a warrant issue on the Treasurer in their favor for Three thousand three hundred and Thirty-three dollars, and one-third of a dollar, to be sent to Carter Braxton, Esq., for the purpose of fitting out the ship Virginia for the sea."

MONDAY, AUGUST 3, 1778

A letter, of 2d, and one of 3d, from Cornelius Sweers, were read: Whereupon, a motion was made for an order,1

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

To this an amendment was moved,

66

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 Colonel Benjamin Flower, for frauds in his office; and in case it should appear, on the deposition of the said Cornelius Sweers, that Colonel B. Flower is charged with frauds and malpractices 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 Benjamin 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. [William] Duer,

1 These letters are in the Papers of the Continental Congress, No. 78, XX, folios 239

and 241.

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 the further order of Congress:"

On the question to agree to this amendment, the yeas and nays being required by Mr. [Samuel] Chase,

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

A letter, of the 2d, from Captain Hawker and other officers of the Mermaid, was read.1

Adjourned to 9 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 28 July, from General Washington, by Major General Putnam, was read:2

Ordered, That it be referred to a committee of three: The members chosen, Mr. [Titus] Hosmer, Mr. R[ichard] H[enry] Lee, and Mr. [Nathaniel] Scudder.

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

This petition is in the Papers of the Continental Congress, No. 78, XI, folio 313. It was also signed by John Stoddart, Thomas Dickinson, John P. Peirs, Watkin Tench, and Thomas Dawkins.

The letter of Washington is in the Papers of the Continental Congress, No. 152, VI, folio 179; that of Massachusetts is in No. 65, I, folios 330 and 334.