The committee appointed to take under consideration the remonstrance of Captain William Barrett, reports as follows:
That they have examined sundry papers laid before them by the said William Barrett—
1. A contract entered into at Paris, 31st October, 1777, between Benjamin Franklin, Silas Deane and Arthur Lee, Esquires, and Messrs. Rey & Brandanborg, of Cadiz; it is therein clearly stipulated
that the agent of the said Rey & Brandanborg should receive one hundred and fifty pounds of good, merchantable tobacco for one hundred-weight of cannon, with a demurrage of fifty hundred pounds of tobacco for every month he should be detained after the delivery of the cannon.2. A resolve of Congress of 29th September, 1778, granting the States of Virginia and North Carolina 49 pieces of cannon imported to Edenton at the price contracted for and subject to the penalties for non-compliance.
3. An order from Francis Lewis, Esq., Chairman of the Commercial Committee of Congress, for the above States to receive the cannon.
4. A receipt from Thomas Stewart, attorney for John Stewart, dated 18th November, 1779, as follows:
“Then received of Captain Barrits an order from Benjamin Hawkins, Esq., for one hundred and seventy-five thousand two hundred weight of public tobacco, in consequence of which I have delivered to the said Captain Barrits twenty-three hogsheads, there not appearing to be any more at this time in such condition that he thinks merchantable.
“Thomas Stewart.”
From all of which your committee concludes there is still due to the said Barrits the quantity of tobacco mentioned in the above rereceipt, except the twenty-three hogsheads, the weight of which, for want of the inspector’s notes or manifest, cannot be ascertained, together with the demurrage from the date of the above receipt; and that the Commissioners of Trade for this State be ordered and directed forwith to pay and deliver into the hands of said William Barrits the tobacco as aforesaid to him due. All of which is submitted.
In the Senate, 6th September, 1780:
Concurred with.
In the House of Commons, 7th September, 1780:
Concurred with.