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An ordinance more effectually to prevent illicit trade with the enemy. Whereas a pernicious commerce is carried on by some of the inhabitants of these United States with the enemy, by means of collusive captures on the water; for remedy thereof,
Be it ordained by the United States in Congress assembled, and it is hereby ordained by the authority of the same, that whenever such collusion shall appear in evidence on the trial of any capture, the vessel and her cargo shall be adjudged and condemned as lawful prize, to the use of the state in which such trial shall be had, except in such case wherein any person or persons shall, before sentence or judgment given, interpose his or their answer and claim, charging the capture to have been collusively made, and shall support such answer and claim by sufficient proof; in which case the property captured shall be sentenced and adjudged as lawful prize, one moiety thereof to the use and behoof of such claimant or claimants, and the other moiety thereof to the use and behoof of the state into which the prize shall be carried for condemnation; provided always, that in every cause of prize, wherein no such answer and claim shall be interposed, or being interposed shall not be supported by sufficient proof, if the court shall, in their opinion, have cause to suspect the capture to have been collusive, it shall demand of the captors sufficient proof that the same was bona fiile, and not collusively made, and on failure of such proof to the satisfaction of the court, such capture shall be deemed collasive, and the property so captured shall be adjudged and condemned as lawful prize, to the use and behoof of such state as aforesaid. Done by the United States in Congress assembled, &c.
THURSDAY, July 18, 1782. Mr. Montgomery and Mr. Root niade a report respecting their mission, which was read.
The report of a committee being postponed, to whom were referred a report of the secretary at war, on a letter of June 4th, from major-gen. Parsons, and a letter of the 10th, from gen. Washington, with a copy of a letter of the 18th of June, from brigadier-gen. Glover,
A motion was made by Mr. Duane, seconded by Mr. Jones,
That agreeably to the request of major gen. Parsons, he have leave of absence from the army until called for by the secretary at war; and that in the mean while he may be at liberty to reinain within these states, or to go into foreign parts, as he shall judge most conducive to the recovery of his health, and that his pay and emoluments be suspended during his absence from the army.
On questions for anendment, the words "and that in the mean while he may be at liberty to remain within these states, or to go into foreign parts, as he shall judge most conducive to the recovery of his health,” were struck out; and between the words “arıny” and “ until,” were inserted the words “on account of his ill state of health.”
A motion was then made by Mr. Root, seconded by Mr. Dyer, to amend further, so that it read “and that his emoluments and one half of his pay be suspended,” &c.
On the question to agree to this amendment, the yeas and nays being required by Mr. Howell, N.Hampshire, Mr. Gilman,
| Pennsylvania, Mr. Smith, Massachusetts, Mr. Osgood,
| Delaware, Mr. Dickinson, Lowell, no no
Virginia, Mr. Madison,
s-Carolina, Mr. Rutledge,
Middleton, New Jersey, Mr. Clark, no) Georgia, Mr. Telfair,
ау) Condict, no no
ay Say Witherspoon, ay)
Resolved, That agreeably to the request of major-gen. Parsons, he have leave of absence from the army on account of his ill state of health, until called into
service by the secretary at war ; and that his pay and emoluarents be suspended during his absence from the army.
Resolved, That on the representation of brigadier-general Glover, he have leave of absence from the army on account of his ill state of health, until called into service by the secretary at war; and that his pay and emoluments be suspended during his absence from the army.
FRIDAY, July 19, 1782.
“ That major-general Parsons and brigadier-general Glover, on account of their want of health, be considered as retiriny, and put upon the half-pay establishment; and that the resolutions passed yesterday respecting majorgeneral Parsons and brigadier-general Glover be repealed.”
A division being called for, and on the question to agree to the first part as far as establishment, inclusive, the yeas and nays being required by Mr. Middleton, N., Hampshire, Mr. Gilman, ay 4* Delaware, Mr. Dickinson, Massachusetts, Mr. Osgood,
| Maryland, Mr. Hanson,
no no Rhode-Island, Mr. Cornell,
V. S.-Carolina, Mr. Rutledge,
N. W. Jones, ay Say New Jersey, Mr. Clark, ay
ay) Condict, no Say
Witherspoon, ay) So the question was lost.
On the question to agree to the last clause, the yeas and nays being required by Mr. Howell, N-.Hampshire, Mr. Gilman, ay Y* Delaware, Mr. Dickinson,
ay > * Massachusetts, Mr. Osgood,
Muryland, Mr. Hanson,
ay ay Rhole-Island, Mr. Cornell,
ay Howell, nos
V. S.-Carolina, Mr. Rutledge, ay Connecticut, Mr. Root,
ay Sa New-Jersey, Mr. Clark, no
ays Condict, no no
Witherspoon, ay) So the question was lost.
Mr. Hugh Williamson, a delegate for North-Carolina, attended, and produced a commission, with a seal of the state appendent, and signed by the governor, whereby it appears, that on the 13th day of May, 1782, Benjamin Hawkins, Abner Nash, Hugh Williamson, and William Blount, esqrs. were appointed delegates to represent that state in Congress for and during one year from that tine.
The committee, consisting of Mr. Scott, Mr. Clark, and Mr. Atlee, to whom was referred an ordinance relative to the post-office, reported the draught of an ordinance for regulating the post-office of the United States of America, which was read the first time :
Ordered, That Tuesday next be assigned for the second reading,
MONDAY, July 22, 1782. Mr. William Blount, a delegate for the state of North-Carolina, attended and took his seat.
On the report of a committee, consisting of Mr. Cornell, Mr. Duane, and Mr. Clark, to whom was referred a memorial of Mr. Jonathan Trumbull, jun. for a compensation for bis trouble, in settling the accounts of the purchasing and issuing commissaries, employed by and under the late commissary, Joseph Trumbull:
Resolved, That there be allowed to Jonathan Trumbull, jun. esq. for his services in the settlement of the accounts of the deputies of the late commissary. general J. Trumbull, in pursuance of the act of the 5th day of May, 1779, the same salary as is provided by the act of the 27th of February last, for the commissioner to be appointed for the settlement of the accounts of the commissary's department: that the said salary be computed on the time Mr. Trumbull has been actually employed, and be in full for all services and expenses.
On motion of Mr. Osgood, seconded by Mr. Izard,
Resolred, That the resolutions respecting major-gen. Parsons and brigadiergeneral Glover, passed the 18th inst. be, and they are hereby repealed.
A motion was then made by Mr. Duane, seconded by Mr. Middleton,
That major-general Parsons and brigadier-gen. Glover, on account of their want of health, be considered as retiring officers, and put upon the half pay establishment..
On the question to agree to this, the yeas and nays being required by Mr.
ay Say Maryland, Mr, Hanson, ay > *
Jackson, ay) Virginia, Mr. Madison, Rhode-Islanul, Mr. Cornell, ay} *
Bland, ay ay Connecticut, Mr. Root,
no no N.-Carolina, Mr. Williamson, Dyer,
m} div. noj
ay 2. 13.-Carolina, Mr. Rutledge,
TUESDAY, July 23, 1782. On the report of a committee, consisting of Mr. Montgomery, Mr. Clark, and Mr. Ramsay, to whom were re-committed their report respecting the hospital departinent, and the ainendments and observations thereon by the secretary at war :
Resolved, That in conducting the business of the general hospital, there shall be an invariable standard of prices established by which the apothecary shall be charged with every article he shall issue. The standard to be established by the medical board, or such person or persons as they shall appoint, which shall only be considered as a certain ratio whereby to keep the accounts. But that, in the settlement of all accounts in that department, all deficient articles, not issued or returned, shall be accounted for at such real value as shall be estimated by the medical board, and approved of by the secretary at war.
An account shall be taken as soon as possible, of all the niedicines, instruments and property in the apothecary's department belonging to the public, in the bands of the apothecary, the deputies, assistants, and mates, the surgeons of
hospitals, and surgeons of regiments, for which they shall severally be charged at the standard value ascertained by the board as aforesaid, and for all they may hereafter receive, but to account for deficiencies at the real value, to be estimated as aforesaid.
The apothecary shall be accountable for all articles in his department to the purveyor throughout the states, until they come into the hands of the prescribers. And all deputies, assistants, and mates, shall make returns, and be accountable to the apothecary for the medicines, instruments and other property belonging to the public in the department, now in their hands, and of such as they may hereafter be possessed of.
The apothecary shall make up his accounts at the expiration of every year, and settle them as soon after as possible, and before the expiration of six months, He shall, at the same time, make out two returns for the director of the hospital, one specifying what has been received and issued, and the amount of what remains on hand; the other exhibiting a particular amount of the value of the medicines, and other public property, each prescriber has received within the year.
All losses which may happen by the events of war, and other circumstances unavoidable, shall be borne by the public. In cases of losses by fraud or neglect in any deputy, assistant or mate, the apothecary shall not be accountable for such losses, provided the delinquent be convicted thereof before a courtmartial appointed to try the same.
The hospital prescribers shall be supplied, upon their own application, with medicines and instruments necessary for the sick and wounded under their care.
Every regimental-surgeon shall receive yearly from the apothecary, a supply of medicines to such amount, by the above standard, as the medical board shall judge necessary,
Every prescribing surgeon or physician, either in hospital or with the army, shall be supplied by the apothecary with such a set of capital instruinents as the medical board shall judge necessary, and shall be accountable for all losses in medicines and instruments not arising from the events of war, and other circumstances unavoidable. Duplicates of all returns made by the apothecary to the director, shall be lodged in the war office.
Resolved, That in the army of the United States, excepting the southern army, at present under the command of major-general Greene, the offices of assistant purveyor, and assistant apothecary, and the store-keepers under the purveyor and apothecary, except one store-keeper under the purveyor to keep a store near the army, and all the clerks, except two to the purveyor, shall hereafter be discontinued.
That all surgeons of the hospital shall take rank after the director of the hospital, deputy director and physician to the army, in the following order, viz. those surgeons of the hospital, who have been either deputy director, physiciangeneral, surgeon-general, chief physician, or chief surgeon to the hospital or army, shall take rank next to the above mentioned officers : and their relative rank to each other shall be according to the date of their respective appointments to either of the above offices.
That all such as were regimental surgeons, when appointed senior physician, or surgeon to the hospital, shall take rank with such senior physicians and surgeuns, agreeably to the date of their first appointment, whether to the regiment or hospital. .
All surgeons, the date of whose first appointments, either to regiments or hospitals, shall have been on the same day, shall decide their rank by lot.
That for the more convenient subsistence of the officers of the hospital department, they be allowed, including their former allowance of rations and forage as follows:
The director of the hospital, four rations a day for himself and servants, forage for two horses, and 25 dollars per month subsistence.
The deputy director and physician, each three rations a day for himself and servants, furage for two horses, and 20 dollars per month subsistence.
Hospital surgeons, each two rations per day, for himself and servant, forage for two horses, and 15 dollars per month subsistence.
Depaty purveyor and deputy apothecary, each one ration per day, forage for one horse, and 10 dollars per month subsistence..
Hospital mates, each one ration per day, and five dollars per month subsis. tence.
Stewards, each one ration per day, and five dollars per month subsistence. Ward-masters, each one ration per day, and three dollars per month subsistence.
That the above allowance of rations, forage, and subsistence to the officers of the hospital department, over and above what they severally were entitled to, at the time of passing this act, shall be charged to them respectively, as advances in part of their monthly pay.
That in future the pay and allowance of the purveyor and apothecary be the same each as that of a hospital surgeon.
That none of the aforesaid officers, or other persons employed in any of the hospitals, be entitled to rations, forage or subsistence, when on furlough.
That the regulation respecting officers' servants, contained in the act of Congress of the 11th of March, 1780, shall not be construed to extend to the hospital department.
WEDNESDAY, July 24, 1782. In parsuance of the order of the 11th, the agent of marine transmitted to Congress a copy of the last instructions given to captain Harding of the Conferleracy, by the late board of admiralty.
The delegates for Virginia laid before Congress two resolutions passed by the legislature of that state, dated 28th May last; first, 6 that it will not be expedient to authorize Congress to alter the mode appointed by the confederation, for apportioning the quotas of the respective states, as is proposed in the act of the 20th of February, 1782; and second, for the appointment of persons to examine and state, with all possible exactness, to the next assembly, the losses and injuries sustained by that state in the course of this war, froin obstructed commerce and the enemy's cruizers within the bay of Chesapeake."
On a report of a committee, consisting of Mr. Cornell, Mr. Osgood, Mr. Izard, Mr. Bland and Mr. Duane, appointed to consider and report the most just and praeticable means of reducing expenditures in the several departments:
Resolved, That all resolutions and appointments respecting the department of the commissary-general of prisoners be, and hereby are repealed :
That the commander in chief be, and hereby is empowered to appoint, from time to time, a commissary of prisoners, who shall be subject to his orders and instructions:
That the commanding officer of the southern army have also power to appoint, from time to time, a commissary of prisoners, who shall be subject to his orders and instructions:
That the power of negotiating the exchange of marine prisoners be henceforth vested in the agent of marine, who is hereby authorized to appoint a com missary for marine prisoners to be subject to his orders and instructions:
That the secretary at war be, and he is hereby authorized, from time to time, to appoiot so many persons as he may find necessary to assist him in superintending and safe keeping all prisoners of war, reporting such appointments to Congress as soon as they shall be made:
That the secretary at war direct returns to be made once in every three