John Fell's Diary

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Friday October 1st [1779]. Coml Committee. Congress. Several Letters &c Read. Genl Arnolds Accts. of his Expences for 9 Mo. Extravigant indeed. Committed to 5 vizt.(1) Moved for the thanks of the House to be given our late President Mr Jay. Agreed. MS (DLC). 1 Fell left the remainder of the line blank and never filled in the names of the committee-Samuel Holten, Henry Laurens, James Mercer, William Paca, and Nathaniel Peabody.

Samuel Holten's Diary

[October 1-2, 1779] Octr. 1. Friday. We have Accounts this evening, that, Capt. Tayler has taken another lode of Hissians. 2. Saturday. I dined with the honl. Mr. Root, & drank tea with the secy. (1) MS (MDaAr). 1 That is, Charles Thomson.

Samuel Huntington to George Clinton

Sir Philadelphia Octor 1st. 1779 You will herewith receive enclosd an Act of Congress of the 29th ultimo among other things directing Mr John Bradford Continental Agent at Boston to Sell and deliver out of the stores of these United States there, to such person or persons as the State of N. York Shall Authorise for that purpose, any quantity of Rum & sugar not Exceedg. five hundred Hogsheads of the former & fifty of the latter, within a limitted time. And recommending to the Legislative or Executive powers of the State to sell and distribute the same for the benefit of the people as therein Expressd.(1) I gives me pleasure to have an Opportunity in the begining of my Correspondence with your Exsy. in the public Character with which Congress have been pleasd to honour me to transmit an Act of theirs which I trust will be acceptable; & beneficial to the good people of your State in their peculiar Situation. I have the honour to be with Sentiments of Esteem, Your Excelys humble Servt. Saml. Huntington President

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Portrait of Samuel Huntington

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RC (MH-H: Sparks Manuscripts). 1 This resolve, which was actually passed on September 30, was reluctantly adopted at the recommendation of the committee for superintending the commissary and quartermaster departments. JCC, 15:1130 31. Although some delegates were concerned that such a transaction might have "an ill influence on the credit of our money," the majority were obviously moved by the plea of New Yorkers that the British occupation of New York City the past three years had left them "wholly dependant on the other States for supplies of salt and other foreign commodities." For Congress' reluctance to endorse such barter transactions i.e., "making purchases in Ordinary Cases otherwise than for money"-see also Huntington to Jeremiah Wadsworth, this date. In writing this letter to Clinton, Huntington seriously distorted the resolve herewith enclosed. Congress had authorized the sale of "sugar and rum not exceeding five hundred hogsheads of the former, and fifty hogsheads of the latter," not "Rum & Sugar" as Huntington carelessly wrote. In the letterbook copy of Huntington's brief October 1 letter transmitting this resolve to John Bradford, however, the passage properly reads "sugar and rum." PCC, item 14, fol. 197.

Samuel Huntington to John Jay

Sir, Philadelphia 1st October 1779 It is with real pleasure I do myself the honour of transmitting the enclos'd resolution containing the thanks of Congress and testimony of their Approbation of your conduct in the Chair and in the execution of public business as President of the great Council of these United States.(1) I am with much esteem, your humble Servant, S. H . President (2) LB (DNA: PCC, item 14). 1 See JCC, 15:1134. Jay's October 4 reply acknowledging this expression of "the approbation of Congress" is in PCC, item 78, 13:113. This day Huntington also wrote the following brief letter to Lt. Col. Francois Louis Teissedre de Fleury in consequence of a-recommendation by the Board of War. "You will receive enclosed an Act of Congress of this date expressing the high Sense they entertain of your military merit and the deserved esteem and reputation you have acquired during your services in the Armies of these United States. "Be assured Sir that with pleasure I transmit such ample testimony of the merits of a brave and gallant Officer." Although Fleury had been granted leave of absence to return to France, he abruptly canceled his plans to return home upon learning of d'Estaing's arrival in Georgia. He went instead, as Washington explained to Lafayette, to the southern department "in pursuit of fresh laurels."See PCC, item 14, fol. 196; JCC, 15:1111, 1129 30, 1134; and Washington, Writings (Fitzpatrick), 16:327, 491. See also John Jay to Fleury, July 27, 1779.

Samuel Huntington to Jesse Root

Sir Philadelphia 1st Octor 1779 I have this moment receivd the enclosd Act of Assembly from their Speaker, with his Information that the Committee of their

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Assembly are ready to confer with the Committee of Congress at Such time as they Shall appoint, & notify the Committee of the Assembly. (1) I am Sir with Esteem, your humble Servant, Saml. Huntington RC (DNA: PCC, item 19). Addressed: "For the Honble Mr Root &c, Committee in the Case Sloop Active &c." 1 In response to a memorial from Gideon Olmsted, Congress appointed a committee on September 29, consisting of Jesse Root, William Paca, and Henry Laurens, "relative to carrying into execution the decree of the court of appeals concerning the sloop Active . " JCC, 15: 1122. When Huntington communicated this information to Pennsylvania, the assembly immediately appointed Joseph Gardner, John Smilie, and Thomas Smith to confer with Root's committee, but this gesture represented no capitulation on the part of Pennsylvania to Continental authority in admiralty appeals. The state's position had been forcefully presented in a series of assembly resolves on March 10, 1779, and the assemblymen appointed to confer with Root's committee were strictly instructed "that they observe the former Resolutions of the House on this subject as the rule of their conduct." The September 30 "Act of Assembly" instructing the Pennsylvania conferees, which Huntington enclosed with this note to Root, is in PCC, item 19, 4:499. For the background and other aspects of this case, see also these Letters, 11:341-43, 516-17, 525-26; and

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William Churchill Houston to Caleb Camp, November 12, 1779, note 2.

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Henry Laurens' duties on this committee may also have been the occasion for his drafting the following undated motion concerning prize shares, which survives among his papers. "Resolved, that from & after this day the Captors of all prizes made by any Ship or other Vessel in Continental service shall be entitled to & enjoy the whole amount or value of such prizes without deduction any Resolve of Congress to the contrary notwithstanding." Laurens Papers, no. 20, ScHi.

Samuel Huntington to Jeremiah Wadsworth

Sir Philadelphia Octor 1st. 1779 You will herewith receive an Act of Congress, directing, (among other thing) that the Marine Committee give the Necessary Orders to enable the Commissary General to perform his engagments Actually made with the people, for sugar &c.(1) You will observe this measure is Justified from Necessity alltho' Congress cannot approve of making purchases in Ordinary Cases otherwise than for money. I am with Esteam, Your humble Servt, Saml. Huntington President RC (CtHWa: James Wadsworth Collection). 1 See JCC, 15:1130-32; and Huntington to George Clinton, this date. Although Congress hereby endorsed Wadsworth's "engagement" to exchange flour from New York for sugar and rum from Massachusetts, it simultaneously declared this barter transaction to be a special exception to Continental policy and announced disapproval of "any purchases in ordinary cases, otherways than for money."

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James Lovell to John Adams

[October 1, 1779] The Resolve of the 26th of Sepr. for appointing a Minister plenipotentiary for Spain was reconsidered on the 27th and the words in lieu of a Commissioner were added, by the urgency of Brother Gerry least our State should appear to be against an Alliance with Spain, on this Mass. was div'd & S'th Carolina all the rest stood as the day before.(1) On the 28th Order for Tomorrow for appointing Secretaries & a Person to examine accounts in Europe agreable to the Resolve of Augst. 6th. The Nominations you know except in the last Case Mr. Joshua Johnston Brother to Govr. Johnston of Maryland.(2) A Comtee. to draught a Commissn. for Spain and Commissns. for the Secretaries. Another Comtee. to report Salaries, Mathews, Gerry, Root. 29th Carmichael for Spain. Mr. Searles name being previously withdrawn. I wish therefore you would blot it from my former letter as it is blotted from our Journals. Mr. Dana for Peace. Col. John Laurens for France. Mr. Joshua Johnstone for Accounts. Comtee. reported Salaries. Oct. 1 Report of the Comtee.(3) recommitted upon my Suggestions as to unde derivetur. Your Return in the Frigate which brought you must be more agreable than even one of ours with a new set of Faces. If Dana does not consent, the answer shod be immediate. For though I do not think the Door for yr. Business is yet opening, the Delay of the Frigate is to be considered, notwithstanding Mr. G____d (4) has kept ours more than two Months. I wish heartily I could render you such Service as I think Dana can. It is tripping no Man to become your Secy. though in a former Case I should have been charged with putting my foot against the faithful Bancroft. Pray miss no possible Chance to inform A L (5) of what has happened. It may reach him before an Authenticated account by Mr. Jay; and be a warning to take his measures. I was [wish] him immediately here to see to his Suit which was commenced 3 or 4 days ago. He can have no Accounts to cause Delay. And as he has Power to borrow Money; he cannot be obliged to apply to F____ (6). I will suggest the Thought of empowering you to make sure of a Loan if possible. I am persuaded the English would many of them seize the Opportunity of serving us & themselves all under one.

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You will have a decent Commission this Time. I wish I could see yr. Old one; as do the Secretary and Mr. Laurens between whom there have been formal Proceedings in doors respecting some Indecencies of the former.(7) Yr. affectte, JL RC (MHi: Adams Papers). Endorsed by Adams: "Mr. Lovell Octr. 1. 1779." 1 For more detailed accounts of the voting in Congress for commissioners and ministers, see Lovell to John Adams, September 28, and Elbridge Gerry to John Adams, September 29, 1779. 2 In his October 25 reply to Lovell, Adams indicated that when in France he had been honored with many "civilities" by Joshua Johnson, who was conducting his mercantile affairs at Nantes during this period. Adams, Works (Adams), 9:501. 3 That is, the report on salaries of commissioners and their secretaries. JCC, 15:1135. 4 That is, Conrad Alexandre Gerard, who had been postponing his departure since July and thereby kept the Continental frigate Confederacy standing-by for courier duty. 5 Arthur Lee 6 Benjamin Franklin. 7 Henry Laurens had charged Charles Thomson with refusing to recopy Adams' commission, which Laurens considered unsuitable for Adams' use as commissioner to France. Adams later replied, however, that "Upon the whole, I think [my commission] . . . a very decent, respectable and honorable commission. It was treated with great respect at Versailles, and I see no reason to object to it." See Adams, Works (Adams), 9:503; and the letters of Henry Laurens and Charles Thomson to a Committee of Congress, September 1 and 6, 1779, respectively.

James Mercer to the Virginia House of Delegates

Honble. Sir Philadelphia. Oct 1st. 1779. The singular Honour done me by the General Assembly, by their appointment to Congress at a time when Matters of Importance were said to be before them, induced my acceptance, in hopes that Integrity & Diligence might render some Service to my Country.(1) But the experience I have allready had, convinces me that a still greater change must happen in Men & Measures, to make it either Honble. or Safe to continue in Congress. I must therefore beg leave to decline the appointment for the year ensuing after the first day of November next.(2) As a Friend to a Congress I think it my Duty to recommend it to the General Assembly of Virginia to reduce the Number of Delegates to three, let these be Men of Integrity and Diligence, and abilities too if to be had. The Idea of Rotation is totally improper, as a member must be here near a month before he can be acquainted with the business on Hand & Rules of Congress, and if he is to be allowed to go home every quarter upon the plan of the present Act, he must ever remain a stranger to the business and an useless member-& when more than three members do attend you may rest assured that a great deal of time is wasted in needless debate-moreover the example of Virginia may influence other States & thereby occasion the recall of certain old members who have been

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too long here allready. As this is intended for the General Assembly & not for the Gallery-I hope it will not be read in public. I have the Honour to be-Honble. Sir, Your most respectfull & very huble. Servt. Js. Mercer RC (NjMoHP: Lloyd W. Smith Collection). 1 Mercer, who had taken his seat in Congress on September 9, had been named to the Virginia delegation in a special election the previous June to serve "until the first Monday in November next." See JCC, 14:861 -62, 15: 1038, 1048; and Richard Henry Lee to the Virginia House of Delegates, May 4, 1779, note. 2 Mercer's request to resign from Congress after such a brief period of service was symptomatic of a more general decline in the Virginia delegation. Mercer, William Fitzhugh, Cyrus Griffin, and Meriwether Smith had been chosen as delegates for the ensuing year in the regularJune election. Fitzhugh and Smith, however, had already obtained leaves of absence on September 28 and Smith departed for Virginia almost immediately. Fitzhugh and Mercer attended Congress for the last time on October 30, the end of the terms for which they had been specially elected, leaving only Cyrus Griffin to represent the state. See the Journal of the House of Delegates of the Commonwealth of Virginia; Begun . . . on Monday, the Third Day of May [1779] (Richmond: Printed by Thomas W. White, 1827), pp. 54 55; JCC, 15:1115, 1229; and the letters of the Virginia Delegates, Cyrus Griffin, and Meriwether Smith to the Virginia House of Delegates, November 2, 9, and 25, 1779, respectively. In its fall session the House of Delegates responded to altered conditions in Philadelphia by passing an act increasing delegate living expenses, but limiting the size of the delegation to five and empowering any one to cast the state's vote. Cyrus Griffin presented the act to Congress on December 30. Lacking this new authorization, Virginia had been without a vote in Congress since November I for want of a quorum, as Griffin was the sole Virginia delegate in attendance after that date until James Madison's arrival in March 1780. See William W. Hening, The Statutes at Large: Being a Collection of All the Laws of Virginia, 13 vols. (Richmond: J. & G. Cochran, 1809-23), 10:163 64; JCC, 15: 1422; PCC, item 71, 1 :295-96; and Griffin to the Virginia House of Delegates, November 9, 1779.

John Fell's Diary

Saturday Octr. 2d [1779]. Com. Committee. Congress. After reading the Journals went into the order of the day which was for the house to goe in to a Committee of the whole house on Finance. MS (DLC).

William Churchill Houston to Robert Morris

Dear Sir,(1) Philada. 2 Octr. 1779. Yours of 18 July last I received the 27 of the same Month, and am unhappy that I cannot, after waiting so long, speak with more Certainty relative to the Subject of it. That the present Plan of Confederation is not in all Parts just and equal, is, in my Opinion, a Proposition

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as true as any in Euclid. I am confirmed in it by observing that the most candid People are of that way of Thinking, and those who are interested, particularly in the Mode in which what are called the Crown-lands, are disposed of, seem put to Difficulty in controuling their Consciences when they abet it. I often think that I would not submit to be roasted and basted as the Virginians and our Southern Friends are upon this Subject; for all the Lands will ever produce to their respective States. But like true Statesmen they do and bear any Thing on this Score. The Virginians endeavour to shelter themselves under an Argument which I never heard till I came to Congress, that they disputed the Right of the Crown to any Lands within the Bounds of their Charter, and contended for an Immunity from any Payments whatever claimed in Virtue of such Right; that Nothing but Force could have compelled such Payments from them; and that by joining with their Sister-states to renounce the Power and Jurisdiction of Great-Britain, they have only gained what other States have,-their Bounds. They add moreover, and persist in it, that the Settlement and Sale of these Lands will never be of any Value to their Treasury, or give them any available Assistance in discharging their Quota of the Continental Debt. This is in Part true & in Part problematical. Ingenious Men will speculate and refine up on any Subject, and the Truth or Falsehood of its goes out of Sight in the Multiplicity of Argument and Bluster of Utterance. Two Memorials lately came into Congress, one from the Proprietours of a Tract of Land on the Ohio called Indiana, granted by the Indians to a Company of Traders who had suffered Losses by their Means in the Course of Traffick; and the other from a number of Grantees of a large Tract including the former called Vandalia,(2) and which a little before the Commencement of the present Troubles it was in Contemplation to erect into a new Government. With both these Grants the Virginians have interfered, and the Memorialists complain of the Interference, and pray that they may not be deprived of their Property, and that Vandalia may be erected into, and acknowledged as a free State. This gave Alarm to the Virginians; they object to the Jurisdiction of Congress to receive or take Order on the Memorials, and in this Situation the Matter lies. How it will terminate, I am not able to conjecture. I think Congress are nearly equally divided upon the Question relative to the vacant Lands, and this being the Point to which Maryland most strenuously adheres, others are more out of Sight, but certainly it is not the only one in the Confederation where Justice does not seem to be strictly consulted. There are others little inferiour in my Judgment, though not so much discussed. The Virginians tell me they have made ample Provision to settle the Soldiers of any State, who will come and settle on their Lands without any Expense to the State from which they come;(3) and this would be of some Moment were it not for losing the Inhabitants, which for our Part we shall want at the End of the War. If any Thing relative to the

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Confederation moves in Congress, I shall not fail to communicate it, and shall do it with the greater Pleasure, if agreeable to what I take to be your Wishes. I am sorry to hear you have not attended the Legislature this Sitting, though I know the State of your private Affairs affords a very sufficient Apology. You know our Situation at this Time. Many of our former Men of Business have forsaken us, new Statesmen must be employed, without Experience, sometimes without Knowledge, too late in Life to learn in Season, much Business to be done, difficult in it's Kind, a region unexplored, the Foundations of Government to be laid, the Superstructure to be raised, while every Thing is Hurry and Tumult around. I have a further View in saying this than to express my regret that you have not attended; I hope no private Consideration will have Weight to induce you to make Excuses against being a Member the ensuing year. Capable Men are wanted, and of no Profession more than that of the Law. It is certainly a discouraging reflection that the honest and faithful are sacrificing their Time and Opportunities to the Service of the Publick, while selfish Men are enriching themselves, and without one Thought of the Prosperity of their Country, are engrossed with Projects of private Gain: but Somebody must serve the State, and I hope at least it will be remembered who they are if no other reward is ever offered them. A Question of no small Importance has lately been decided in Congress by the recal of Mr. Arthur Lee. Much Time has been wasted here, and many Suspicions entertained through the Country, relative to this Matter. The Decision on his Merit, or Demerit must be left to Futurity, I own I am not at a Certainty about it, but I am happy the Matter is ended, as Things of more Consequence call for that Time which has been too much lavished on an idle Dispute. It is with Pleasure I can assure you that Subjects of Contention, and ill Humour are one after another taking their Leave, and that Unanimity returning which once made Congress respectable and useful, and will, I hope, make them so again. Does it ever lie in your Way to see Philadelphia, or are you ever at Princeton? It would give me particular Pleasure to spend an Hour, and I have Something of Concern, to me more especially, to communicate to you. Your Friendship would be of Use in it, and I flatter myself would not be refused. We have no Accounts as yet of any Operations of the Count D'Estaing in Georgia. Whether he will be able to effect his Purpose there will depend on many Circumstances, one of which is the Practicablity of doing a great Deal in a little Time. Should he think proper to push his Expedition as far Northward as to visit NewYork, it would be A Matter much to be lamented if we should not be in Preparation with Men and Provisions to cooperate. I hear the Legislature have passed a Law for facilitating a Supply to the Army,

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and I sincerely wish the Execution may be so diligent as to put us in the best possible readiness. It would be a peculiar Misfortune if Count D'Estaing should be discouraged from coming through the Scarcity of Provisions or disappointed when actually come. How do you approve the Measure of stopping further Emissions of Paper-money? It is a risque, but in my View absolutely necessary; and I am persuaded if any kind of good Economy could be introduced into publick Departments, the War could be amply supported by Taxes, at least with the Assistance of a few Loans, and I would have as few as possible. I hope every Friend of his Country will now put on a double Spirit of Exertion. I know you will not be wanting. Here the People are bewitched. They seem to have no one Idea of Virtue and Patriotism left- Motives of private gain swallow up every laudable Principle. The Merchant against the Farmer, the Farmer against the Merchant. I wish New-Jersey were not so near them. You will please to excuse this lengthy Scrawl; if I had time to copy it over and shorten it, I would- It will give me Pleasure to hear from you, and I can venture to promise I shall not again be so long delinquent in advising of the Receipt of Favours. I am, with much regard, your obedt hble Servt. William Ch. Houston RC (NjR: Robert Morris Papers). 1 Robert Morris, the New Jersey jurist, is identified in these Letters, 9:424n.1. 2 For the introduction of these memorials in Congress, see John Fell's Diary, September 14, 1779, note. 3 For a discussion of Virginia's offer of bounty lands to the officers and soldiers "of any State" and Maryland's reaction to it, see these Letters, 11:538n.1.

Samuel Huntington to John Laurens

Sir, Philada. 2d Octr 1779 You will herewith enclos'd receive a Commission appointing you Secretary to our Minister Plenipotentiary at the Court of Versailles. (1) Also a Letter of Credence to his most Christian Majesty for your Introduction in Case of the death of the Minister plenipotentiary when it will be incumbent upon you to take Charge of our Affairs at that Court agreable to the tenor of your Commission. The nature and Importance of the business with which you are intrusted evinces the propriety of entering upon the Service without delay. I am Sir with great Respect, your humble Servant, S. H. President LB (DNA: PCC, item 14). 1 For Congress' September 29 appointment of Laurens to this post, see JCC 15:1127-28. The commission and letter of credence Huntington enclosed with this

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letter were returned by Laurens in a December 6 letter to Congress declining the appointment. For the commission and Laurens' letter of refusal, see PCC, item 165, fols. 5 9; and JCC, 15:1366. The letter of credence is in PCC, item 25, 1 :405-7.

Henry Laurens to John Laurens

My Dear son, Philadelphia 2d October 1779. I have lately written to you by divers opportunities to Charles Town directed in your absence to Colonal Gervais, from an opinion that you would have left that place & I had suggested to my friends the probability of your taking Passage in Count d'Estaing's squadron; this Idea is countenanced by intimations in your Letter of the 3d September which I received three days since. I therefore expect this will meet you at the Head Quarters of His Excellency the Commander in Chief. You were put in Nomination in Congress by the Honorable Mr. Gerry the 27th Ulto. For the Office of Secretary to the Minister Plenipotentiary at the Court of Versailles & were on the 28th Unanimously elected by eleven, or twelve, States-the Salary not fixed- £1000 Stg recommended in a Report. I shall oppose every thing above £700.-but from what fund or funds is even that Sum to be paid?-I know not. The appointment is honorable to you in every appearance & will put you in a road leading to the service of your Country. I know you are equal to the task, nor could I forbear my testimony; it was due to a meritorious fellow Citizen, but I could not engage for your acceptance. Therefore you are by no means bound by any promise or even seeming promise on my part. I shall be glad to converse with you before you finally determine aye or no. You may, if you please, receive from me an honest & faithful & I believe accurate state of our affairs foreign & domestic. No attempts will be made on my part to induce or dissuade. You will be left by me to judge for your self. I need say no more but that I long to embrace you. I pray God to direct you in all Things & commend you to his protection, Henry Laurens. [P. S.] I might have added one word more. I wait here only to know your resolution, when I receive that from your self my Horses will be put to the vehicle in which I mean to return to my own poor distressed wretched Country. Capt. Roberts's conduct towards the Delegates of So. Carolina has not done the highest Credit to your recommendation-this as a hint. (1) 5th. October. This address remaining on my Table unsealed gives me an opportunity to add-the Salaries of the Ministers Plenipo. are £2500 Stg Per Annum each-of their respective Secretaries

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£1000-in full of all expences &c. My protest against both stands on the Book No! Men who are sincerely devoted to the service of their Country will not accept of Salaries which will tend to distress it. RC (ScHi: Laurens Papers). 1 For John's recommendation of Capt. Richard Brooke Roberts, see Laurens to John Laurens, September 21, 1779, note 1.

Henry Marchant to John Adams

Dear Sir, Philadelphia Octr. 2d. 1779 By the last Post I was highly gratified by your kind & very polite Favour of the 10th of Sepr. The Notice & Recollection of my former Letter sufficiently convinces me that You have not forgot an old Friend. In your Absence I had frequent Temptations to write You; but I was affraid of being amongst the Number of troublesome and useless Correspondants. We have finished Our foreign Affairs that mostly pressed upon Us. Your appointment will convince You, that however awkward Your Situation has been, it was not from any Alteration of Sentiment towards you since your first Appointment as one of Our Commrs. at Paris. I must hope, however hurksome the Task, You will once more be induced to quit the Rank of a Citizen to become a Servant of the Publick. We must all look back at Our first setting out, and take Spirit from those Principles which first annimated Our Souls; and which we lament that torpid, base Degeneracy, which hath seized too many, we must not suffer Ourselves to faint, or repine at Our Burthens. Mr. Dana is appointed Secretary, I rather wish for than expect his Acceptance, Yet I will hope that every Obstacle will give way to the good of his Country. If Mr. Dana goes he will be ready there should another Minister be wanted thro' Death, Sickness or otherwise. I shall rejoice to hear of your safe Arrival at Paris; And shall esteem myself truly happy in your Correspondance; for with great Esteem I am your, sincere Friend & Servt. Hy. Marchant RC (MHi: Adams Papers).

Samuel Huntington to Thomas Johnson

Sir, Philadelphia Octobr. 3d. 1779. You will herewith receive enclosed- an Act of Congress of the 2d Instant recommending to the Governor & Council of Maryland, to permit as much bread, flour and wheat, to be exported for the State of Virginia, as the said State may want for its public supply.(1)

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I have the honor to be, with sentiments of esteem, Your Excellency's Humble servt, Saml. Huntington President (2) RC (MdAA: Red Books). In the hand of George Bond and signed by Huntington. 1 Congress adopted this resolve in response to a recent request from Virginia to the Maryland Council, which had been forwarded to Congress through the Maryland delegates. See JCC, 15:1137. Although the correspondence between Virginia and Maryland on this subject has not been found, a Maryland Council letter of October 8 directing Col. Samuel Smith to comply with this resolve is in Md. Archives, 21:552. See also Maryland Delegates to Thomas Johnson, October 4, 1779. 2 Huntington sent a nearly identical letter this day to Virginia governor Thomas Jefferson. See PCC, item 14, fol. 200; and Jefferson, Papers (Boyd), 2:100.

Samuel Huntington to Meshech Weare

Sir, Philadelphia Octobr. 3d. 1779. You will herewith receive enclosed an Act of Congress of the 2d Instant, repealing a Clause of an Act of Congress passed the 24th of September last, relative to a district of Country called New hampshire grants: and adopting another resolve as more adequate to the purposes intended in the former.(1) I am, Sir, with sentiments of esteem, Your humble servant, Saml. Huntington. President RC (MHi: Weare Papers). In the hand of George Bond and signed by Huntington. 1 For Congress' "Act" of September 24, which was slightly amended by the October 2 resolve herewith transmitted to New Hampshire, see John Jay's letters to Thomas Chittenden and to George Clinton of September 25, 1779. By its previous action, Congress had solicited authorization from New Hampshire, Massachusetts, and New York to proceed in determining the "New Hampshire Grants" dispute, "in the mode prescribed for such cases by the articles of confederation." But as the pertinent ninth article of the confederation had been devised to deal simply with interstate disputes, Elbridge Gerry believed that it did not cover "disputes between any State and the grantees of any other State," and he therefore moved this amendment to close what he considered to be a loophole in the resolve of the 24th. JCC, 15:1135-36. President Huntington also sent this October 2 amendment this day to Massachusetts, New York, and Vermont in letters addressed to Jeremiah Powell, George Clinton, and Thomas Chittenden. PCC, item 14, fols.200-201. For additional information, see also Massachusetts Delegates to the Massachusetts Council, October 4; and John Jay to George Clinton, October 5, 1779.

John Fell's Diary

Monday 4th [October 1779]. Commercial Committee. Congress. This day spent in Reading dispatches, Memorials, Treasury Reports & c. NB a great tumult in the City and some Lives Lost, several Wounded and several sent to Goal.(1)

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MS (DLC). 1 Philadelphia had experienced several recent outbreaks of violence as extralegal committees established by the city's radical leaders increasingly defied civil authority. This day, in response to a handbill calling upon the militia to "drive off from the city all disaffected persons and those who supported them," a mixed group of militiamen and townspeople attacked the fortified house of lawyer James Wilson, who had recently defended merchants against charges brought by the price-control committee. Several exchanges of musket and pistol fire between the crowd and Wilson's supporters barricaded inside left nearly two dozen killed and wounded. The confrontation ended only with the timely arrival of Pres. Joseph Reed at the head of the city's Light Horse and Baylor's Continental Dragoons. For delegates' comments, see Fell to Robert Morris, and James Lovell to William Whipple, October 5; Jesse Root to Jeremiah Wadsworth, October 6; and William Paca to William Hemsley, October 7, 1779. For analyses of the incident within the context of Philadelphia politics see John K. Alexander, "The Fort Wilson Incident of 1779: A Case Study of the Revolutionary Crowd," William and Maty Quarterly, 3d ser., 31 (October 1974): 589 612; and Steven J. Rosswurm, "Arms, Culture, and Class: the Philadelphia Militia and 'Lower Orders' in the American Revolution, 1765 to 1783" (Ph.D. diss., Northern Illinois University, 1979), pp. 430-65.

Samuel Holten's Diary

[October 4-5,1779] 4. Monday. There has been a mob in this City To-day, & I am informed that several are killed & a number is wounded; & I fear it will not stop here.(1) 5. Tuesday. I wrote to Mr. Avery & Mrs. Holten (No. 78).(2) A rainy day. MS (MDaAr). 1 See the preceding entry, note. 2 Neither letter has been found.

William Churchill Houston to Robert Morris

Dear Sir Philada 4 Octr. 1779. Since writing the enclosed (1) Mr. Fell has favoured me with the Sight of a Letter from you, in which you mention that if you consent to be proposed a Candidate at the ensuing Election, it will be for the Assembly rather than the Council. I have advised Mr. Fell to give his warmest Approbation of this Intention for two reasons. One, that there has not been a single Gentleman of the Law in the Assembly, which has been a great Defect, and Business has not been so well and so expeditiously done on that Account; and the other is that I have heard some Gentlemen preposterously [say] that they would not be Members of Assembly after having been Members of Council, because it would be a Degradation. Could wish this absurd Sentiment nipped in the Bud [for] if it should grow into an established Usage the

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Inconveniencies to the Publick are obvious. One House certainly is as honourable and useful as the other. I have also advised Mr. Fell to suffer himself to be put up for Council, which I should not do if it were a Bar to his being elected to Congress. He can have his Election to continue in Council or be a Delegate, and all the Inconvenience will be putting the County to the Trouble of a new Choice which will not be much. The Sufferings and Sacrifices of Mr. Fell entitle him to every Respect from his County and from his Country, not to mention his Merit in other respects. Be sure to press Mr. Wilson to return to the Assembly. He is a worthy and capable Man, and fully justifies the Character you gave of him to me the first Time I saw [him]. I well recollect it. Yours with regard, William Ch. Houston RC (NjR: Robert Morris Papers). 1 Possibly Houston's October 2 letter to Morris.

Henry Laurens to John Adams

My Dear Sir. Philadelphia 4th October 1779. The receipt & perusal of your favour of 10th Ulto. afforded me a very high satisfaction-the answer with which you honored my Letter of May 1778 (1) has not yet reached me. From the earliest intelligence of your return to America I felt a strong disposition to wait on you with a line or two of sincere congratulation on your happy return to your family & American friends, but there were certain irresistible pullbacks to the intended operation. I am not addicted to commonplace Ceremony & I perceived it extremely difficult to compose a palatable address, of blended gratulation & condolence to an exauctorated (2) fellow-Citizen who had deserved well of his Country & who at the same time stood in the most awkward situation that an honest susceptible mind can be reduced to-Sent, without his own desire & probably inconsistently with his Interest & inclination, on an ambassy beyond the Atlantic-kept unemployed-& in the course of a few Months virtually dismissed without censure or applause & without the least intimation when, or in what manner he was to return & report his proceedings. From these & other considerations I found myself constrained to wait future events. These, tho' a little clumsily brought forth, have happened as I wished, & now My Dear Sir, I not only congratulate you on a safe return but I have another opportunity of rejoicing with my Country Men on the judicious choice which Congress have made in their late election of a Minister Plenipotentiary to treat-in due time be it understood-with his Britanic Majesty on Peace & Commerce. The determination of Congress in this instance, will be grateful to the People of these

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States & may expiate the queernesses of some of the queerest fellows that ever were invested with rays of sovereignty. Let me intreat you Sir, for my Country's sake, to accept the appointment without hesitation or retrospection, you know "whereof we are made." Wisdom & Patriotism forbid exceptions on account of past circumstances. I speak in pure truth & sincerity & will not risque offence by uttering a word respecting your fitness or peculiar or exclusive fitness for the important Office, but I will venture to add, it is necessary you should accept & stand ready to execute it, your determination to do so, will make the true friends of American Independence happy, & will abate their apprehensions from incompetency or negligence in other quarters-not that I believe you will be directly the object of negotiation, the Pride of our haughty Enemy will lead him to manoevre by mediation & my Ideas teach me to suppose, you are for some time to remain behind the Curtain but the moment cannot be far distant, according to present appearances, when you will step on the Stage & act a part, productive of substantial good to your Country, of honorable fame to yourself & to your posterity. My prayers & good wishes for your success will be accompanied by the utmost exertions of my feeble powers to insure it. I pay no regard to the slanders of stock jobbers, Monopolizers nor any of the various tribes & Classes of the Enemies of our Peace, it gives me some satisfaction however to know that better Men think well of me, but I draw an infinitely more solid consolation from this knowledge, that I have uniformly striven to persevere faithfully & disinterestedly in the service of my Country; this well founded assurance will in every event, however untoward, calm the mind & secure that Peace which neither the great nor the little World can give, or rob me of. I have, now, no hope of embracing you corporeally, on this or the other Continent to which you are going, but as a good Citizen & fellow labourer in the common Cause, my Heart will embrace you at whatever distance we may be from each other, be this as it shall happen, should we be permitted to come within reach, I tell you plainly & I know you will not be displeased, I shall prefer shaking hands in the old American stile. Should I be detained in Congress the ensuing Winter I mean to ask leave in the Spring to visit Massachusetts & New Hampshire as one of the last of my terrestrial peregrinations; that journey finished I hope the time will give me leave to withdraw & learn to die, a science I most devoutly wish to enter upon with a sedulousness which the present day prohibits. Commodore G's (3) ill success in France may possibly abate a little of his fervor for accomplishing every thing by the force of his own powers, his expences being fruitless will rnake no inconsiderable deduction from our Carolina finances & I am sorry to hear that when he returns to Charles Town he will be asked unpleasant questions respecting his general conduct & Don Juan de Miralles complains

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heavily of one of his transactions at Havanna, these are things of no immediate concern to you, nor would it be instructive to say, 'tis difficult to judge of Men from appearances. I wish I had time to speak of the awful state of our national debt & Credit, the field is too wide for the Compass of a Letter, but believe me Sir, while we are decorating our fabric we are censurably careless of the foundation. Censure if ever it comes, will not light wholly on those whom the pious Duffield (4) calls "the great Council of these States" each State at too late a day will find cause to apply blame to itself. We are at this moment on the brink of a precipice & what I have long dreaded & often intimated to my friends, seems to be breaking forth a convulsion among the People. Yesterday produced a bloody scene in the streets of this City, the particulars you will probably learn from other friends-and from circumstances which have come to my knowledge this Morning there are grounds for apprehending much more confusion. The Enemy has been industriously sapping our fort & we gazing & frolicing-peradventure we, meaning every State, may improve the present alarm to good purpose. But what shall we do by & by & not far distant, for quieting an hungry & naked Army. Shall we call forth a grand Convention in Aid of the great Council?(5) This may become absolutely necessary. I will presume on your kindness & friendship to trouble you by the next Post with a Packet for my friends in Europe & no further in the meantime but to subscribe with great truth, Dear sir, Your faithful, obliged & affectionate friend & servant, Henry Laurens RC (MHi: Adams Papers). 1 Adams' July 27, 1778, response to Laurens' May 19 letter is in Adams, Papers (Taylor), 6:322 23. 2 From the obsolete verb meaning to dismiss from service or divest of authority. OED. 3 Alexander Gillon's expedition to Europe in behalf of South Carolina, which had previously aroused French apprehension that individual state initiatives abroad might undermine efforts of Congress to speak with a united voice in Europe, see these Letters, 11:38n.1 4 George Duffield, chaplain to Congress. 5 For Laurens' previous references to such a convention of the states, see Laurens to William Livingston, July 5, 1779, note.

Maryland Delegates to Thomas Johnson

Sir, Phila. Octr. 4th. 1779. Your Excellencys Letter of the 28th Ulto. together with the applications from the Executive Council & Board of War of Virga. we laid before Congress, and in consequence thereof, you have an Act recommending the permitting of as much Bread, flour & wheat to be exported for the State of Virginia as may be wanted for its Public supply. (1)

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The State of Maryland it is said suppl'd the Baltimore Packet Capt. Reed with 10, 3 or 4 Pounders. On her return to Philadelphia, they were left in the care of the Navy board, and have been delivered to Messr. Morris & Nesbit, who say that they purchased them. The Navy board want these Guns, & would give a great price for them. Be pleased to inform us whether the Guns belong to our State, or to M & N (2) If to the Former is it your opinion that we may let the Navy board have them at the present prices of Canon. We are with the greatest respect & Esteem, your Excellencys Obed Servts. Wm. Paca James Forbes Daniel of St Thos Jenifer P.S. Perhaps you may meet with an oppertunity of Transmitting the Enclosed Act of Congress to your Brother.(3) RC (MdAA: Red Books). Written by Jenifer and signed by Jenifer, Forbes, and Paca. 1 See Samuel Huntington to Johnson, October 3, 1779. 2 For a previous inquiry concerning the ownership of these cannon, see the Marine Committee to Johnson, August 31, 1779. For the Maryland Council's October 8 response informing the delegates that the state had "no Claim" to the cannon, which in fact "belonged to the Congress," see Md. Archives, 21:552-53. 3 Undoubtedly Congress' September 29 resolve electing Joshua Johnson "to examine the accounts of the several commissioners, commercial agents and others in Europe, entrusted with the public money of the United States." JCC, 15:1114 15, 1126.

to the Massachusetts Council

Sir, Philadelphia Octr 4th. 1779 The Resolutions of Congress of the 24th of Sepr. last, & of the 2d Instant,(1) respecting the New Hamshire Grants, are so important in their Nature, that We think it our Duty to request You to communicate to the General Assembly, what occurs to Us on the Subject. It is generally known, that soon after the Declaration of Independence, Part of the People of the Grants, conceiving they had a Right to be a seperate State, refused to submit to the Jurisdiction of any of the united States, & in Consequence thereof, formed a Constitution & appointed a Government for themselves; & that this produced Controversy between them & the State of New Hamshire, & renewed their Disputes with the State of New York. Frequent Applications from the contending Parties have been made to Congress, & every Measure has been taken on their Part to heat the Divisions, untill the Causes thereof could be adjusted by the Articles of Confederation; but failing on this, & finding that the

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State of New York, & the people of the Grants were on the Eve of Hostilities, Congress have unanimously adopted the Resolutions referred to-should the States mentioned in the Resolves conform to the Recommendations thereof, We have every Reason to expect a speedy & equitable Settlement of their Disputes, as well with each other, as with the People of the Grants; Whilst the Claim of these to a seperate independent Jurisdiction, & the contested Titles of their Lands, will be fairly heard & determined. But, from our Knowledge of the Circumstances of the Controversy, We deprecate the Continuance of it as the inevitable Cause of an intestine War; & view this as an Event, the most desirable to our Enemies, discouraging to our Allies, & dangerous to our Liberties. The Assemblies of New Hamshire & N York having preferred to Congress, their Claims to the Jurisdiction of the Territory in Dispute, & the State of Massachusetts Bay having been silent on the Subject, We thot it our Duty to name it as a Claimant, to be included in the Resolutions mentioned;(2) & are clearly of Opinion, that their Claim will be weakened by a Neglect to appoint their Agents, & support it on this Occasion. The Delegates of New Hamshire, & N York, to prevent Delays, which may arise from the different Modes in which the States may comply with the Recommendations of Congress, have agreed to transmit to their respective States the Form of a Bill, a Copy of which at their Request, We inclose to the honorable Assembly,(3) remaining sir, with the highest Sentiments of Respect for them & yourself. Your most obedt. & very humble Sert, E. Gerry James Lovell S. Holten Geo. Partridge RC (MH-H: bMS Am 1582). Written by Gerry and signed by Gerry, Holten, Lovell, and Partridge. Addressed: "Hona. Jeremiah Powell Esqr. President of the Council of Massachusetts Bay." 1 See Samuel Huntington to Meshech Weare, October 3, 1779. 2 That is, those of September 24 and October 2 discussed above, the second of which was in fact introduced by Gerry. Ibid., note. Despite similar occasional proddings from her delegates, Massachusetts never formally presented claims of the Vermont territory to Congress. Winn L. Taplin, Jr., "The Vermont Problem in the Continental Congress and in Interstate Relations, 1776-1787" (Ph.D. diss., University of Michigan, 1955), p. 142. 3 For John Jay's explanation of the origins of this proposed "Bill," see Jay to George Clinton, October 5, 1779. See also Woodbury Langdon to Meshech Weare, October 12; and Nathaniel Peabody to Weare, October 26, 1779.

Nathaniel Scudder to Henry Laurens

Dear Sir, Monmouth (1) Octobr. 4th. 1779. I received your kind Letter of the 28th ultimo (2) with the Inclosures, for which I sincerely thank you.

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Sunday 26th Septr. seems to me to have been with Congress a Day of strange Devotion. If none of the political or commercial Advantages of this Country shall prove to have been devoted by that Day's work, 1, for my own Part, shall be extremly happy. What must now become of the mighty Matters of Newyork versus Vermont? for the advantageous Management of which there was a special Delegation of one of their first officers,(3) who boldly declared, that unless certain Process immediatley took Place &c. &c. he would immediately quit his Seat & return to his State &c. &c. Can that gentleman under such special Trust, without the Leave of his State, the Business being unfinished, consent to accept a foreign Mission, and sail with Mr. Gerard? Let me answer yes undoubtedly, if he can aggrandize himself, & serve a P____ ty. I think I clearly perceive from the Paper you were pleased to furnish me with, that there was high Manouvring on that Day in the Prosecution of the Business, and I suppose the Success of the Resolution for appointing a Minister plenipotentiary to Spain must operate as a Supersedeas to Doctor Lee. I hope his Friends have taken Care to place the late Communications from the Honorable R. H. Lee Esqr. on such Ground as may prove advantageous to him, and secure the Honor of his Res--gn--n. I conclude Mr. D____ne (4) must be highly gratified with the Appointment of the Minister to Spain, and if Mr. C ___l (5) can be added as his Secretary, he may cry, all hollow, more especially if the said Minister should be pitched upon to examine and attest his Accounts in France, which I suspect will be attempted. Can't Mr. Adams with great Propriety be sent on soon, and, in the Interval, which must even before he can enter upon the Business of his Mission, attend to that important Business of Accounts in France? I wish he might. Do you imagine the Instructions for a commercial Treaty with B____n (6) as they now stand will be sent on? I earnestly hope not. I can never consent, that those infernal Butchers of our Brethren shall be immediately (their hands driping with our Blood) be put, in point of Commone, upon the same advantageious Footing with our noble and generous Ally & their Connections. I shew your Communication to Doctr Witherspoon, which I judged no Infringement of the restrictive hint in your Letter. I intended when I left Town to have returned by to morrow's Stage, but the ill State of Mrs. Scudder's Health, and the Circumstances of my Family forbid; nor can I determine precisely when I shall be down. We expect the Appearance of the Count at Sandy Hook every hour-as soon as I hear of his Arrival I shall endeavour to pay him another Visit, and perhaps if Heaven succeed him, may have the Pleasure of being in New-York before I return. Pilots are providing for him as fast as possible-two of them lodged with me last Night, and are gone down this Morning. I heard last Evening the Enemy had evacuated Rhode Island, and ordered all the Troops to New York, if so, they mean to make a

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desperate Push for the Salvation of that Post-this I the rather think to be their Intention, as they have now a large Number of Men on Sandy-Hook erecting a Fort and Batteries with very heavy Cannon, to prevent if possible the French Fleet from entering the Bay. In this I think however they cannot succeed, as with the Tide and a brisk S. Wester Ships may run by and sustain little Damage. I earnestly wish to hear what has been their Success to the Southward. I will presume it has been compleat. A Line from you, as often as convenient, will be extremely gratifying. I'll chearfully repay them with Such Scrawls as the current, which I beg youll excuse, as on Account of an urgent Call from the sick, I am not able to copy it. If it is possible to comply with your Request in purchasing the Articles you mention, I will do it, tho' I wish you had hinted nearly how far I might go in Point of Price, as every Thing is amazingly risen of late. Please to present my most respectfull Complements to all our Friends in Congress, and permit me, Dear Sir, to assure you that I am with the most sincere Esteem and Affection, Your most obedient & very humble Servant. Nath. Scudder RC (NNC: Scudder Manuscripts). 1 Although Scudder did not apply for a leave of absence as he had in July, he had departed for New Jersey shortly after voting on September 17 and did not return to Congress until October 21. See JCC, 14:815, 15:1074, 1193; and John Fell's Diary October 21, 1779. 2 Not found. 3 That is, John Jay. 4 Silas Deane. 5 William Carmichael. 6 Britain

John Fell's Diary

Tuesday 5th [October 1779]. Coml Committee. Congress. A very long Letter from Genl. Sulevan was Read giving and Account of his Expidition in to the Indian Country, destroying 40 Towns &c &c. On the Report from the Committee to ascertain the Sallery Per Annum of the Minister Plenoptentiary and the Secretary. Motion first for £3000 Sterlg. Ayes 3 Noes 3 Divided 4 do for £2500 do do 5 do 3 do 3 do for Secretary 1000 do do 5 do 3 do 3 (1) P.M. Marine Committee. MS (DLC). 1 Although Secretary Thomson's entry in the secret journal indicates that the balloting on salaries took place on October 4, Fell's testimony that this balloting took place the following day is corroborated by Henry Laurens. See JCC, 15: 1143-45; PCC, item

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5, 1:344-50; and Laurens to Samuel Adams, this date. Thomson's secret journal was often posted after the event.

John Fell to Robert Morris

Dear sir, Phila Octr 5t. 1779 I had the honour of writing you last Week supposing you to be at Trenton. Mr Huston inclosed my Letter to the speaker Mr Camp.(1) Yesterday I was favourd from Pompton with your very oblidging Letter of the 30th ulto. The good opin[ion] which you and other Gentlemen of the County, entertain of my conduct to induce you to Put me in nomination as a Candidate for the Council is a matter which requires my most gratefull thanks, but if I had ever so great an inclination to accept your kind offer, I dare not live at home, therefore if I must continue to be deprived of all Domestick Happyness, the being here on Account of safety, is the most Eligeable. I shall think myself happy to be left out in the next choice of Members for Congress, lett my Collegues be whom they may. The one Principle reason & Objection that I have is being depriv'd of Mrs Fells Company ( A circumstance which you cannot be a Proper Judge of). I am exceeding glad of your good intention of going in to the Assembly, give me leave to say without flattery You will be a valuable acquisition in that House, but I do not see how the confinement is less. Now we have chiefly and to my great satisfaction got through Our foreign affairs; and I hope the Name of Lee will be no more mentiond, that we shall do business [in a] better humour. On Saturday we began with a Committee of the whole house to consider on Finance and ways and means to carry on the War, and in a few days I hope the Public will be made acquainted with what we expect from them so that we shall at least do Our Duty. Yesterday a great Mobb of Militia with their Arms Paraded the Streets under a Pretence of taking up and sending off Tories, they chiefly thretend Mr Wilson, the Lawyer. A number of Gentlemen got in the House with him to defend him, when those in the Street began to grow very Restive and at last fired in the House when the Batle became general. Some I beleave were Killd on Both sides and many wounded. When fortunatly the President (Reed) came up at the head of the Light Horse and his Spirited behavour Put an end to the affair and a number of them, were sent to Prison. I have just now been told, that this morning has Produc'd fresh trouble, that the Rioters had swore vengence against a Major Lenox who was very Active Yesterday, and that the President had orderd the Light Horse out againe on the Occasion. I am very Respectfully, Your Most H Serv. John Fell RC (NjR: Robert Morris Papers). 1 Not found.

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James Forbes to Thomas Sim Lee

Dear Sir, Philadelphia Octobr 5th 1779 I have the pleasure of yours of the 30th Ulto. Inclosed you have the papers & a Second Essay on Trade & Finance: it is wrote by a Mr. Webster of this Town and I think contains many observations worthy the particular attention of the several Legislatures.(1) No accounts from the southward since my last, every day expected and to hear of the French Fleet being off NYork-a very large Embarcation was taking place there said to be for the Southward Commanded by Lord Cornwalles but now expected to be stopt. The bad effects of the Committees in this Town has been experienced yesterday by a very daring & violent Insurrection & Mob, in which several Persons were Killed & wounded before they were quelled, many are made Prisoners, this morning they are collecting at Germantown and there is no judging how this unhappy affair may end. The amazing rise of every article in this place is truly allarming, Flour at £60 Per Ct, Rum £20 Per Gall. Adieu & be asshured that I ever am, My Dear Sir, Yours Sincerely, James Forbes RC (MdHi: Lee, Horsey, and Carroll Papers deposit, 1985). 1 Pelatiah Webster's Second Essay on Free Trade and Finance (Philadelphia: Thomas Bradford, 1779). See Evans, Am. Bibliography, no. 16,671.

William Churchill Houston to Caleb Camp

Sir,(1) Philada. 5 October 1779. I am sorry that it has not been in my Power to command as much Time as I should have wished to employ, in giving a distinct Account to the Legislature of the most material Occurrences in the Progress of Business since I came to Congress. It is certainly the Duty of every Person in publick Trust to make those from whom he derives his Appointment acquainted with the Manner in which he executes it, that they may be enabled to decide how far he fulfils or deceives their Expectations, and to form, at any Time, a clear Estimate of his Character. Next to Want of Fidelity, I look upon the Neglect of giving due Information to his Constituents, the greatest Crime in a publick Man. The principal Intention of this is to point at a Question which from accidental Circumstances has acquired a Magnitude and Importance above what, simply considered, it was entitled to. A Question which has excited much Inveteracy and Ill-blood in Congress, and not a few Speculations and Suspicions abroad. I mean the Recal, or rather Supersession, of Mr. Arthur Lee, Commissioner of the United States at the Court of Madrid. I have carefully read over the Papers, and attended to every feasible Means of unbiassed Information rela-

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tive to this Question, and I think have done it with a Temper divested of Prejudice. The Result is this: I take Mr. Arthur Lee to be a man of a jealous, suspecting, difficult Disposition; trusty, capable and industrious. Indefatigable above others in procuring and transmitting Intelligence, accurate and frugal in Expenses and Mony-matters, simple, severe and republican in his manners; so much so as to be thought by many sour and cynical. This I take to be his Character; and in many Essentials I am not afraid to call him equal to any Person Congress ever employed in a similar Capacity in Europe. The Story hawked about, that his Indiscretions prevented the Court of Spain from treating with him, I cannot think believed by those who propagate it, as that Conduct in the Spanish Ministry is ascribable to very different Reasons which must strike every Person at once who has the least Knowledge of the State of matters as they respected that Power. But admitting he were the best-qualified and most meritorious Man on Earth, is it not my Duty to vote for removing him when the Time of Congress is absolutely wasted, and the publick Business not only retarded but stopped by unavailing Altercations concerning an Individual? When a General offers up a forlorn Hope to save an Army, the Alternative is dreadful; but the Principle is defensible and the Practice of it often necessary. I confess that in a republick, where Approbation, Honour and Praise, more than Money and Emoluments, are the Reward of faithful Services, such Things ought to be admitted with Reluctance and Caution; yet still they may not be always avoidable. But further, should it turn out to be a Fact that France was doubtful of him, and that Spain hesitated, it mattered not how good a Man he was, one every way inferiour, if free from such Exception, would have been preferable for the Purpose of treating. The real Causes of Delay being now removed, it is to be hoped the gentleman who succeeds Mr. Lee will be successful. As I would ever wish to be simply just, but at the same Time to do what is best, all Things considered, I have no other Request than that this State of Facts may be remembered another Day, when Time will throw Light upon what is now dark, Prejudice will be extinct and the Means of judging fairly will come within the Reach of all. Into what Course of Conduct, or to what Length of Crimination, Resentment may impel this unfortunate Man, I am excused from surmising. Whether, as many have done, he will adhere to the Part he has taken in Spite of what he may think ill Treatment; or whether, as many have also done, he will transfer himself to a Situation where he will expect more Attention; does not belong immediately to the present Decision; at least, I have taken the Liberty to throw it out of the Balance. At all Events I am happy this troublesome Affair is ended, and I hope it will never rise up to disturb the Counsels of America more. Subjects of Contention and Animosity are retiring one after another, and Unanimity reviving in Congress where it is so essentially necessary. Trifles have had their Day, and too long a one has it

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been; Matters of Moment have now a Claim to their, and that it may not only be longer, but perpetual, I am persuaded is the ardent wish of every honest Man. Upon reviewing what I have written, a Suspicion occurs that the above Representation may imply a Reflection on the Conduct of some of my Colleagus, which is as far from my Meaning as it would be repugnant to Justice. The Time is not the same, other Circumstances also disagree. On the contrary I must declare that I think their Situaton hard and undeserved. The whole Train of the Transaction I can trace minutely. To the Quarter from whence the Accusations have originated, the Motives which inspired them and the Instruments which have been employed for their Circulation I am not a Stranger, nor am I surprised at any Thing thus far. But that their Fellow-citizens should entertain Impressions unfavourable to those they once thought well of, and not call for an Investigation of their Conduct, or suspend their Opinions till an Explanation should be had, may perhaps be a Matter of some Discouragement. If the Gentlemen know what is alledged to their Charge, I am astonished they do not apply for an Opportunity of Justification. Certainly if I should ever be of Importance enough to be found fault with, I should expect the Liberty of explaining Facts and Motives; after that it is the Part of an honest Man to submit in Silence to the Judgment of those who have a Right to pass upon his Conduct. I enclose sundry Papers marked from Number 1 to 5 (2) which I have met with since I came to this Place, and which I have copied for the Sight of such Gentlemen of the Legislature as may think it worth their Trouble to read them. They relate to a Matter which was before the Legislature at their last Sitting previous to the present. One, if not more of them, is on the Files of the Assembly. They may be of Use on some future Occasion, but my principal Object in copying them is to communicate the noble and dignified Sentiments of the Commander in Chief, and to give some Idea of the Difficulties he has to encounter. If ever any Man deserved Gratitude and Confidence he does, and the more especially as his modesty will never allow him to be elated with the former, nor his goodness of Heart to abuse the latter. His Letter marked No. 2 is an Example of it's Kind. It is necessary that I give you the Trouble of communicating to the Houses the Substance of this lengthened Letter. I have no Idea they will have Patience to go over the whole. I am, with due Respect, your obedt hble Servt, William Ch Houston RC (Nj: State Papers). 1 The recipient of Houston's first "Account to the legislature" was identified by Edmund Burnett as Gov. William Livingston. Burnett, Letters, 4:472. The account, however, was probably addressed to Caleb Camp (1736-1816), of Essex Co., NJ., who

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served as a delegate to the New Jersey General Assembly, 1776-82, and was speaker of the House, 1778-80. Livingston, Papers (Prince), I :385. Houston, who had recently served with Camp in the assembly, was apparently writing to him in his official capacity, giving him "the Trouble of communicating to the Houses the Substance of this lengthened Letter." Houston also directed his repons of November 12 and 22 to Camp, although he addressed his letter of December 20 to both Camp and Livingston. Thereafter, when Camp was no longer speaker, Houston sent most official letters directly to the governor. 2 Not identified.

Samuel Huntington to George Washington

Sir Philadelphia Octor 5th. 1779 I am favourd with the receipt of your Excellencies favours of the 29th & 30th ultimo.(1) In consequence of the latter Congress have directed the North-Carolina Troops to halt at Trenton until further Orders. You will receive enclosd, the Act of Congress of the 4th Instant and Copy of the Orders to Col. Clarke on that Subject.(2) I have the honour to be with the highest Sentiments of Esteem & regard your Exys. humble Servant, Saml. Huntington President RC (DLC: Washington Papers). 1 Washington's letters of September 29 and 30 are, in PCC, item 152, 8:49-51, 57-60; and Washington, Writings (Fitzpatrick), 16:361n.98, 363-64. 2 In response to a congressional resolve of September 23, Washington had ordered two North Carolina regiments under Col. Thomas Clark to begin a march to South Carolina, but as he learned almost simultaneously that the comte d'Estaing had just been reported off the Carolina coast, he suggested that Congress halt the march of the North Carolinians at Trenton until further intelligence from the southern department was available. Thus on October 4 Congress ordered the North Carolina regiments to remain at Trenton "till farther orders," and when Washington subsequently reported that he had "taken the liberty to countermand the march" of Colonel Clark, Huntington replied at once that Congress approved his decision. See JCC, 15:1138; John Jay to Washington, September 23; and Huntington to Washington, October 8, Notwithstanding his hopes for an autumn offensive and reluctance to disperse his main army, Washington was disappointed in his expectation that French forces under d'Estaing would arrive in northern waters before the end of the campaigning season, and in November Congress reaffirmed its original decision to send the two North Carolina regiments to the southern department, as ordered on September 23. See Huntington to Washington, November 11,1779; and Freeman, Washington, 5: 136-40. Copies of Huntington's brief October 5 letter to Colonel Clark enclosing the October 4 resolve halting his march at Trenton "until further Orders" are in the Washington Papers, DLC; and PCC, item 14, fol. 203.

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John Jay to George Clinton

Dr Sr. Pha. 5 Octr 1779 In a Conference with some of the Delegates of New Hampshire and Massachusets Bay it was agreed that I shd. draw the Draft of a Bill for carrying into Effect the Resolutions of Congress relative to our Disputes with Vermont & with each other.(1) The enclosed Draft has been perused and approved of by them, and they have promised to transmit Copy of it to their respective States and to press their immediate Attention to the Subject.(2) It appeared to me expedient that the Acts to be passed for this Purpose by the three States shd be nearly similar, lest variances which might be deemed important, should create Delay & Dispute. I also thought it most adviseable to be content with the Description of the Powers contained in the Resolutions, & not by New ones hazard Alterations or Deviations that might open other Fields for Discussion. For this Reason the Act in Question is made very general, granting in express Terms the Powers asked for by Congress & referring to the Resolutions for a Description of them. With very sincere Regard & Esteem, I am Dr Sr, your most obt Servt, J J FC (NNC: Jay Papers). In the hand of John Jay. 1 Jay's draft bill "relative to our Disputes with Vermont," which is in the Jay Papers, NNC, is reprinted here from Jay, Papers (Morris), I :653-54. "An Act for complying with and carrying into Effect the Recommendations contained in certain Resolutions of the Congress of the united States of America of the Day of 1779 "Whereas the Congress of the united States of America did on the Day of last past, unanimously enter into certain Resolutions in the Words following vizt (Here insert Resolutions Verbatim) and whereas the 1st Congress did on the Day of unanimously enter into a certain other Resolution in the Words following to wit (here insert reso[lutio]n repealing one and substituting another Clause) "And whereas the aforesaid Resolutions and Recommendation are founded on equal Justice and true Policy, and have for their Object the Establishment of perpetual Harmony, Friendship and mutual Confidence between the States therein named, which it is no less the Desire than the Interest of this State to promote "Be it enacted by the and it is hereby enacted by the Authority of the same, that all the Powers and Authorities which it is recommended to or requested of this State in and by the said Resolutions to vest in or grant to the said Congress 1st shall be and hereby are vested in and granted there to as fully and amply as if the same were here again particularly enumerated and described.2d, And further that this Act shall be always construed in a Sense most advancive of the Design, true Intent and Meaning of the said Resolutions. And that the Decisions and Determinations which shall be made in the premisses in pursuance of the Powers and Authorities hereby granted shall be obligatory on this State and the People thereof so far as the said Decisions and Determinations or any other of them so far as they shall respect the same or any Part thereof. "And it is hereby further enacted by the Authority af[oresai]d That no Advantage shall be taken by this State of the non performance of the Conditions in any of the Grants of Land in the said Resolutions referred to, but that further Time be given to

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fulfil the same respectively to wit until the Expiration of six Years to be computed from the Publication of this Act." 2 See Massachusetts Delegates to the Massachusetts Council, October 4, and Woodbury Langdon to Meshech Weare, October 12, 1779.

Daniel of St. Thomas Jenifer to Thomas Johnson

Dear Sir, Philadelphia Oct. 5th. 1779 The Enclosed Letters were delivered to me by Mr. Fox (1) lately from New York. He was taken coming from the West Indies. I have understood that Billy Steward (2) always stood up for the Rights of America, and therefore I wish that your Excellency & Council would recommend him to Congress, that he may get to his Friends. I am, Dr Sir, Your Obedt Servt Daniel of S Thos Jenifer RC (MdAA: Red Books). 1 Edward Fox. See also Maryland Delegates to Johnson, September 25, 1779. 2 Not identified.

Henry Laurens to Samuel Adams

State House, My Dear & respected friend, Tuesday 5th October 1779 I have been honored with your favors by the hands of Monsr. le Chevalier la Luzerne & Monsr. son Secretaire (1) & thank you for the several introductions-but I want much, a reply to one part of my Letter of the respecting the amount paid by order of His Most Christian majesty to the Owners of the Hancock & Boston.(2) The arrival of our worthy friend of Bra[i]ntree will enable you to be accurate & I think it a matter of consequence. We are at this instant on the subject of Salary to our Ministers Plenipotentiaries, shall £3000 Per Annum stand or £2000 be inserted-for the Secretaries £1000 or £700. But I must attend to business, you will be better informed from the corner House (3) of every thing worth your notice than you could be by me, therefore I shall at present only repeat that I continue with great affection & respect, Dear sir, Your obliged & obedient servant, Henry Laurens RC (NN: Adams Papers). 1 Francois, marquis de Barbe-Marbois, secretary to the French legation in the United States. Abraham P. Nasatir and Gary Elwyn Monell, French Counsuls in the United States: A Calendar of their Correspondence in the Archives Nationales (Washington: Library of Congress, 1967), pp. 565-66. 2 This letter to Adams has not been found. but the following undated fragment of a letter from Laurens in Adams' papers pertains to this issue.

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"Don't forget the Account of 400,000 or 450,000 Livres paid for the prizes of the Boston & Hancock on what terms & what was the real & true Exchange on Europe at the time when paid. "I say nothing of the transmissions received from our friend A. Lee, because you have Letters directly from himself & because I know Mr. Lovel has written copiously on the subject." Adams Papers, NN. For the payment of 400,000 livres by Jean Holker in October 1778 on behalf of France to the owners of the Massachusetts privateers Boston and Hancock, see these Letters, 10:192n.1, 195n.2. 3 That is, by Adams' fellow Massachusetts delegates.

James Lovell to John Adams

Dear Sir [October 5? 1779] (1) I inclose to you the decent Fashion in which it was yesterday opinioned to let the World know Mr. Lee has a Successor. Pray strive by Mr. Isaac Smith's Knowledge of the Sailing of Vessels to let Arthur get the paper (2) before his Foes. The (3) Ministers are to have per An[num] £2500 stg. Their Secretary £1000 in full of Services & Expences, to commence at Outset and finish in 3 months after a Recall being notified.3 So that they may get home as they can But will by seperate Resolution be provided for out. The funds are to be settled by a recommitment. I judge the Rept will get only the addition of order to the Coml. Comtee. of Produce or Bills to be deposited subject to the Officers Draughts. But I have hinted your being Authorized to obtain a Loan as the others are. And I think you will readily obtain more than Pocket Money from either truly whig Englishmen or such as are desirous of buying our good Graces in America that they may afterwards pluck us in the Way of Commerce. Adieu, Dear Sir, Yrs. J. L. RC (MHi: Adams Papers). 1 Although he failed to date this letter, Lovell probably wrote it on October 5. The enclosure that he sent to Adams was undoubtedly the October 5 issue of the Pennsylvania Packet (which he also sent to William Whipple this day), containing extracts of congressional resolves of September 28 and October 1 concerning John Jay's appointment as minister plenipotentiary to Spain and Congress' vote of thanks to him "in testimony of their approbation of his conduct in the chair [i.e., as president since December 1778]." The decision to make these public was made by Congress on October 4 hence Lovell's opening comment "it was yesterday opinioned to let the World know Mr. Lee has a Successor." See JCC, 15:1114,1134, 1139; and the following entry. That is, the enclosed Pennsylvania Packet of October 5. 3 Congress adopted these resolves on October 4.JCC, 15:1143-45.

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James Lovell to William Whipple

Dear Sir, Oct. 5th 1779 Your favor from West Point reached me yesterday. You are mistaken as to how much a man can do for himself. The newspapers of to day will show you what a body of men can do against themselves.(1) Arthur Lee is recalled by an authenticated newspaper which will reach him accidentally, before any official information can go in the usual and decent course. So that if Jay is taken, or drowned, we shall have a total suspension of negotiations for a time. Will you not think it strange after what I see, that I should have an idea of being willing to go with Mr. J. A. in case D refuses?(2) As it is precarious in regard to D 's Situation, I wish I had been chosen in the first place. I know your idea is for France, but I should have the most implacable enemies there who think they have a right of occupancy in the Secretaryship. Besides the latter is residentiary, the former temporary.(3) Our Gazette says nothing of the killed and wounded yesterday before Wilson's door and in his house. I am told Capt Campbell of the Invalids, a one handed officer, was killed and General Mifflin's brother wounded in the house-that (4) were killed and several wounded in the street. A party of armed men had some Tory characters on parade through the Streets. Wilson is said to have expected a visit and to have forearmed himself and a collected number. Whether an attack was made from without, or whether provocations indiscretely were made from within, I cannot tell; two stories as usual, are circulated. If you are in Boston you will know all I have written to Mr J & S Adams, Mr Dana or Dr Cooper; if you are not there Peabody will give you at Portsmouth all the manoeuvres of Chesnut St. I have not yet seen the Tall Boy;4 the Tall Man (5) good uncle Roger arrived the day after the Sacrifice. He is "shocked at the Ingratitude of that proceeding." New Hampshire was the only State for A. L., our's was divided with R. I., Penna. and South Carolina. I declared openly that I did not approve Mr. J's conduct in the Chair-some others followed me in like declarations, but I would not go to the dirty work of Yeas and Nays and urged that, if a majority were so disposed, he might receive a Formality. And now let me conceive you at Portsmouth with all your affectations of indifference to what has been the object of the wishes of the bravest Generals in History to say nothing of the wise King Solomon and the good King David. Are you not, even in that State, better off than your friend here brimfull of Sensibilities, and in a two pair of stairs chamber alone? Need I add to the contrast of our situations, the circumstance of your being where molasses is under £20 per gallon. Yours J. L.

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Tr (DLC: Force Collection). 1 Lovell's concern was Congress' public announcement of John Jay's appointment as minister plenipotentiary to Spain, which was published in the October 5 issue of the Pennsylvania Packet, for which see the preceding entry, note 1. 2 That is, John Adams and Francis Dana. 3 Lovell's potential candidacy for the position of secretary to Adams was later suggested by Adams himself in an October 17 letter to Elbridge Gerry. For a discussion of Lovell's interest in the position, see Helen F. Jones, "James Lovell in the Continental Congress, 1777-1782" (Ph.D. diss., Columbia University, 1968), p. 343. 4 That is, Gouverneur Morris, who resumed his seat in Congress the next day. JCC, 15:1 146. 5 Roger Sherman, who had resumed his seat in Congress on September 29, JCC, 15:1122.

Nathaniel Peabody to Josiah Bartlett

Dear Sir, No. 10. Philada. Octo. 5. 1779. Your obliging favour of the 18th ulto.(1) this moment Came to hand. I am by no means insensible of your friendship, and kind Attention to my interest; and delicacy would forbid Trespassing upon Such a friend. My worthy friend Mr Whipple departed this City on the 25th ulto. The particular Circumstances of Thorntons Acquital, & the facts proved against him, are unknown to me, but from the opinion I had heretofore formed of that Thornton and the Circumstances attending his being imprisoned, the various reports Concerning his Conduct prior to that period. I must Confess my feelings were not a little Touched by your information upon the Subject-prudence forbids my Going farther. I informed you in my last if I mistake not all the official accounts we have had respecting Count D. Estaing, his Strength, & Destination. This moment per Post we are informed, but not officially, that Count D. Estaing has taken all the Land & Sea forces of our Enemys in Georgia, have Some reason to hope it is true, but am not Sanguine. The Enemy at N York are daily Embarking in Considerable Number but where destined, remains Still with them, as we Can only Conjecture by Some Circumstances, that they Aim either at Virginia, or the West Indias, but I flatter my Self, the intended movement of the Allied fleets And Armies, will point out their Employment. An unhapy affair happened here last evening, Said to be between whigs & Tories. Several were killd on both Sides & many wounded- the affair is not over, I fear it will be Serious, reports differ exceedingly and I cannot pretend to give particulars, till further Examination. Adieu-for this time. I am with Sincerity yours, your friend & Humble Servt, Nathl Peabody RC (NhD: Bartlett Papers). 1 Not found.

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Committee of Congress to Jeremiah Wadsworth

Sir, Philadelphia Octr 6th 1779 Yours of the 26th ulto. to the Committee. was recd. last Monday. The Expectation of the French Fleet on our Coast makes it necessary to provide for them. Our encouragements for flour in this quarter are at present unpromising, notwithstanding every exertion that has been used. We have the promise of Eight hundred barrels of flour from this State ready to be delivered which will be forwarded immediatly unless prevented by the present Commotions. We have further prospects of flour from below, & also from this State, but how Much or how Soon is uncertain, we place Much Dependance, in this Critical Juncture, on your abilities & unremitting exertions for the Supplies immediatly wanted. Inclosed you have an Order from the Marine Commttee.(1) on our agent at Boston for any quantity of Sugar not exceeding 100 Hogs. to enable you to fulfill your engagements for flour-also for 200 Hogs. Of rum for the use of the army. The Resolutions of Congress in favour of New York we hope will have the most Salutary effects.(2) You will know how to make the proper use of them. In behalf of the Commttee. on the Commissary's Departmt. &c, I am your obedt humble Servant, Jesse Root Chn. RC (CtHi: Wadsworth Papers). Written and signed by Root. 1 Not found. 2 For these resolves, designed to permit Wadsworth to send sugar and rum to New York in exchange for flour and wheat, see Samuel Huntington to George Clinton, and to Wadsworth, October 1, 1779; and Jesse Root to Wadsworth, this day.

John Fell's Diary

Wednesday October 6 1779 Coml Committee. Congress. After the dispatches were Read a Committee of 12 was appointed for the apportening the Quotas for the Payment of the 15 Million. MS (DLC).

Samuel Holten's Diary

October 6-7, 1779 6. Wednesday. General Arnold applied to Congress for a gard,(1) & Congress informed him that his application shod have been to the executive of this State.

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Octr. 7. Thursday. A Court of inquiry met here this day, respecting the persons killed a few days ago.(2) MS (MDaAr). 1 For Arnold's request "for a gard," see the following entry. 2 Holten is referring to the lives lost at the "Fort Wilson" riot.

Samuel Huntington to Benedict Arnold

Sir, In Congress Octr 6th 1779 The enclosd act contains the answer of Congress to your letter of this day which I communicated immediately upon the receipt of it. (1) I am &c., S. H. President LB (DNA: PCC, item 14). 1 In his October 6 letter to Congress, Arnold had explained that he had been attacked recently by "A Mob of Lawless Ruffians" in the streets of Philadelphia and requested a Continental guard for his protection, as "there is no protection to be expected from the Authority of the State for an honest Man." Arnold's gratuitous remark against Pennsylvania was of course seen as an insult to the state, and in summarily rejecting the general's request Congress added a slap to his wrists by affirming confidence in Pennsylvania officials and expressing disapproval of "the insinuations of every individual to the contrary." He was instead advised, in the resolve Huntington enclosed with his letter, that his application for protection should have been made directly "to the executive authority of the State of Pennsylvania." In a second letter to Huntington of this date, Arnold immediately offered an apology of sorts, explaining that he had doubted only Pennsylvania's "Abilities" not "Disposition" to protect him, but he could not resist concluding with the feisty warning that should he be attacked again he would defend himself "to the last Extremity" and presumed that Congress would not then hold him "Chargible for the Consequences." See JCC, 15:1147; and PCC, item 162, fols. 185-91. For Arnold's long feud with Pennsylvania, and the October 4 "Fort Wilson" riot which formed the immediate background to the present incident, see these Letters, 11:522-24, 12:95 96, 143, 152, 178 80,329-30; and John Fell's Diary, October 4, 1779, note.

Marine Committee to the Eastern Navy Board

Gentlemen October 6th 1779 This will be forwarded to you from New London by Captain James Nicholson whom we have appointed to take the Command of the Ship Trumbull, and have referred him to the Orders he may receive from your Board in whatever relates to his Ship.(1) We request that you will immediately give him the necessary Instructions on that head, and take measures to have the Trumbull speedily fitted for Sea. Your recommendation of Captain Hinman shall have due weight the first opportunity,(2) but we could not appoint him to the command of this Ship without breaking a general rule which we had

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before adopted, viz of paying regard to Seniority in our appointments where merit is equal and to the Ships which our Captains have had. Captain Nicholson has had a ship and so has Captain Hinman but the former is the first Captain on the Navy List and we esteem him a Man of Merit, therefore he could not be passed by. We are Gentlemen, Your Hble servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 See the following entry. 2 In a September 23, 1779, letter to the committee, the board had recommended that Capt. Elisha Hinman remain in command of the Trumbull. Eastern Navy Board Letterbook, NN.

Marine Committee to James Nicholson

Sir October 6th 1779 As you have been appointed to command the Continental frigate Trumbull now at new London in the state of Connecticut, we desire you will immediately proceed to that place and there take the command of the said Frigate which you are to use your best endeavours to fit and man with all expedition. When you arrive there you are to inspect into the State of the Trumbull and give an account thereof to the Commissioners of the Navy Board at Boston who will order everything necessary for equipping her and you are occasionally to inform that Board of your proceedings and be governed by their orders in every matter which they may direct. We are Sir, Your very Hble Servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book).

Jesse Root to Jeremiah Wadsworth

Sir Philadelphia Octr. 6th 1779 I recd. your favour of the 25th ulto. Supplying the army with bread is & has been a very Serious business, every exertion has been made in these States to procure & forward flour to the army for Some Time past with but little Success & our dependance has been on the Contracts you entered into with the people of New York to exchange Salt, Sugar &c. for flour. You will before this reaches you receive the resolutions of Congress on that head. (1) The Comtte. early reported & urged the necessity of the reports being taken up-but our foreign affairs pressing, it was delayed more than a fortnight. Although Some Members not rightly understanding the business at first blamed the Measure-yet the Committee was able to vindicate your Conduct & I believe you will find by the resolution passed no

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blame is thrown upon you in this Instance. Our foreign affairs, the business of Finance-& the daily orders necessary to be passed- prevent their attending to the appointment of a Successor in your office, So early as otherways they would.(2) I believe, Sir, your early attachment to the Cause of your Country, the zeal & activity you have shown through the whole of the time-the Signal Services you have rendered in your present Office, being Called to it in the worst of times will not be forgotten by Congress nor rewarded by delivering you up to be Sacrificed. It is the wish of Congress you should Continue to Serve-but it is believed you are in earnest to resign & they Expect to part with you. Your Commissions indeed have a great Sound & may Excite the Envy of Some people, but in reality no more than in A D 1775-yet maybe Considerable Compared with what some other persons who have been engaged in the public Service have got or rather lost-yet this does not go to the Justice of the Commissions you receive. Mr Jay is appointed Minister Plenipo. to negociate a Treaty with the Court of Spain & goes with Mr. Gerard. Mr. Huntington is appointed President of Congress. Some letters from Virginia & Maryland Say, We hear that Count De Estaing has taken Savannah & Made prisoners of all the british Sea & land forces in there path-but this wants Confirmation. Genl Sullivan has sent a long letter to Congress Informing that he has Conquered all the Indians & destroyed their Country & is returning. A terrible mob here last Monday, they attacked Wilson in his house where were assembled a Number of his Friends. They fired Several vollies in to the windows, killed Capt. Campbell & wounded Several others in the house. They fired from the house, killed & wounded Several of the Mob. President Reed Came up at the head of the light horse, as they were entering the house & dispersed them, Seized Several & threw them into Jail. Yesterday the President & Council released those that were put into Jail & Mr Lewis the Lawyer & Several others who were in the house with Wilson were taken by the mob & put into Jail. I cant tell what will be done today. I inclose you a newspaper-& Am, dear Sir, with much Esteem your Most Obedt., humble Servant, Jesse Root RC (CtHi: Wadsworth Papers). 1 See Samuel Huntington to Wadsworth, October 1, 1779. 2 For Wadsworth's resignation as commissary general of purchases, which was conditional upon the appointment of his successor, see Samuel Huntington to Wadsworth, December 4, 1779.

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John Fell's Diary

Thursday 7th [October 1779]. Coml Committee. Congress. The Committee of 12 brought in a Report as follows. viz New Hampshire 400,000 Massachusets 2,300,000 Rhode Island 200,000 Connecticut 1,700,000 New York 750,000 New Jersey 900,000 Philadelphia 2,300,000 Delaware 170,000 Maryland 1,580,000 Virginia 2,500,000 No Carolina 1,000,000 So Carolina 1,200,000 15,000,000 NB the Delegates from NewJersey as well as some other States did all they could to lower their sums but all in vain. P.M. Marine Committee. MS (DLC).

John Jay to George Clinton

Dear Sir, Phil'a, 7th Oct'r 1779. You will receive this by Mr Phelps, of whose Fidelity to New York I have a good opinion; tho I cannot approve of all his Manoeuvres to serve the State on this occasion. (1) He appears neither to Want Talents or Zeal, but the latter is not always according to knowledge, and the former carry him sometimes into [. . .]. One of the New Hampshire Delegates told me that Phelps, in order to engage him against Vermont, endeavoured to persuade him that New Hampshire had a Right to a number of Townships in it; and he further told me, that on comparing Notes with the Massachusets Delegates, he found that Phelps had been playing the same Game with them. This Story he told me in the Presence of some of the Massachusets Delegates who smiled and were silent. I have never said any thing of this to Phelps because it could have answered no good Purpose; And I mention it to you, as a Circumstance which marks the Man. He has however by talking on the Subject with every body, done good. In my opinion his Expences should be paid without Hesitation, and he should be so treated as to go home in perfect good Humour with the Legislature, for whom he now professes great Regard & Esteem, & I believe he is

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sincere in his attachment. Men of his Turn and Talk are always useful when properly directed. It is easily done by encouraging the good opinion he entertains of his own Importance. The exceeding high opinion entertained here of your Constitution and the wisdom of your Counsels, has made a deep Impression on many People of wealth and Consequence in this State, who are dissatisfied with their own; and unless their opinions should previously be changed, will remove to New York the moment the Enemy leave it. Mr. Gerard, (who seems better acquainted with Republics than almost any man I have ever known) has passed many Encomiums on our Constitution & Government and I am persuaded, no Circumstance will conduce more to the Population of our Country by Migrations from others, than the Preservation of its Vigor and Reputation. This unhappy City is all in Confusion-the Government wants Nerves, and the public Peace has for some Days been destroyed by Mobs and Riots which seem to defy the authority of the Magistrate. This is one of the Fruits of their whimsical Constitution, and of the Countenance given to Committees & Let Politicians learn from this, to dread the least Deviation from the Line of Constitutional Authority. Obsta Principiis, is a good Maxim, but all have not sufficient Decision in their Conduct to observe it. Government once relaxed is not easily braced. And it is far more difficult to reassume Powers than permit them to be taken and executed by those who have no Right by the Constitution to hold them. Morris is again with us, and I am glad of it. His Constituents must be either infatuated or wretchedly misinformed, if they omit continuing him in the Delegation.(2) But you know my Sentiments on this Subject, and it is unnecessary to dwell on it. For Heaven's Sake, send an able Delegation and preserve the high Rank you hold among the States. I wish Hobart (3) may be sent- at this Season he would be particularly useful, and I am sure until your Vermont Business be over, a special occasion for his being here will clearly exist. One of the New Hampshire Delegates (4) seems much inclined to make the Ridge of mountains instead of Connecticut River, the Boundary between us; and that the Soil between the Mountains and the River should remain the Property of those to whom it had been granted either under New York or New Hampshire. He observed and I think with Propriety, that this Line by dividing the disaffected between the two States, would render the Reduction of them to good order less difficult, and by interesting both States in their Allegiance prevent their again acting in a Body or easily uniting their Counsell for Purposes injurious to Government. My Reply to this Gentleman was, that I had no Authority to say any thing on this Subject, that I knew the State of New York to be sincerely disposed to cultivate Harmony with her Neighbours, and was persuaded that no Settlement founded in Justice & mutual Convenience will be disagreable

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to them. To you however I must confess that the Line he proposed does not appear to me to be impolitic. We have unquestionably more Territory than we can govern, and the Loss of that Strip would not in my opinion overballance the Advantages resulting from it. On the contrary, unless I am much mistaken, exclusive of other Considerations, the less our People have to with Connecticut River the better. I would rather see the Productions of our Country go to the Sea by another Rout. The Country west of Niagara, on the present Ideas which prevail and by the articles of Confederation, belongs to New York. As it lies beyond the convenient Reach of Government, the Retention of it would rather incommode than benefit us. It would always be the object of Envy and Jealousy to the other States, and perhaps the Subject of Dispute. I would therefore be for ceding it to the Continent at a proper Season, or otherwise disposing of it in a way that would conduce to the Credit and Interest of the State. To this Way you can be no Stranger.(5) There is another Matter which I think deserves Attention-it is the Seat of Government. On this Subject I have bestowed much thought. The Result is a perfect and full Conviction that Snectady is the only proper place in the State, and the sooner the Idea is adopted and carried into Execution the better. Should I have Time and Opportunity before my Departure I shall transmit to you my Reflections on this Subject. Many of them will naturally occur to you. I will just hint however, that it will not be easy to remove the Seat of Governmt. from any Place you may appoint for the Purpose & therefore that great Care should be taken in the Choice. My Sollicitude for the Welfare and Honor of the State prompts me to say many other things interesting to both, but I have no Leisure at present. I must however recommend to you to appoint Coll. Hughes to be Sherif of the City & County of New York. I should also think it right for the Council of Appointment to provide for Cols. Lamb & Malcolm. Believe me to be, dear Sir, your affectionate Friend & Serv't, John Jay. RC (N: Clinton Papers). Clinton, Papers (Hastings), 5:311 15. RC damaged; missing words taken from Tr. 1 Charles Phelps, of Cumberland County, had delivered the New York Assembly's August 27, 1779, instructions for settling the New Hampshire Grants' dispute. See Jay, Papers (Morris), 1:632 33n.1; and Jay to Clinton, September 16, 1779, note 2. Jay's suspicions of Phelps were well founded, because Phelps had in fact been acting as an agent for Massachusetts as well, in recognition of which the Massachusetts General Court on November 27, 1779, granted him £100 "in compensation of the unwearied attention" he had devoted to the state's interest in the Vermont controversy. Massachusetts Council Minutes, p. 151, DLC(ESR). 2 The New York Assembly had in fact just omitted Gouverneur Morris from the slate of delegates elected on October 1, and in an October 5 letter to Jay, Clinton offered the explanation that "The Imprudence of some of Mr. Morris's friends in voting, occassiond the loss of his Election." Clinton, Papers (Hastings), 5:309.

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3 New York Supreme Court justice John Sloss Hobart. 4 Apparently Woodbury Langdon. For Langdon's views on the New Hampshire Grants, see Langdon to Meshech Weare, October 12; Nathaniel Peabody to Weare October 26, 1779; and Winn L. Taplin,Jr., "The Vermont Problem in the Continental Congress and in Interstate Relations, 1776-1787" (Ph.D. diss., University of Michigan, 1955), pp. 146-47. 5 For a discussion of New York's boundary claims within the context of western land claims and the formation of a national government, see Peter S. Onuf, The Origins of the Federal Republic: Jurisdictional Controversies in the United States, 1775 1787 (Philadelphia: University of Pennsylvania Press, 1983), chaps. 5-6.

Henry Laurens to George Washington

Dear sir. Philadelphia 7th October 1779. The day before yesterday I was made very happy by the receipt of Your Excellency's Letter of the 29th Ulto. (1) I had been for some time wishing for a good occasion to pay my respects, nor had subjects been wanting, but such as appeared to me worthy of Your Excellency's attention were of so serious a cast, as to awe me into silence in more than one attempt, nor dare I even upon the present opening expatiate or be explicit. When I had the honor of seeing you in Town I expressed my apprehensions of calamitous events in a short contrast of gain & loss. Your Excellency will also remember my sentiments on the question of appreciation of our Paper Money & the foundation on which I built the opinion which I had then the honor of delivering. I had not been long returned to this City when I discovered there was no solidity in the intelligence alluded to; & our internal circumstances from that time have been descending from bad to worse, referring to the latter I hope we are now at our ne plus ultra. At length you have seen Sir, a Resolution to "stop the Press," as it is termed, an act which I ardently wished for in Augt 1777, on condition of necessary previos steps of taxation, had we then determined this important point our Public debts foreign & domestic would have been at this day comparatively trifling but when the proposition even at a much later day & when we were overwhelmed with Paper, was, to make that an Harbinger which ought to have been consecutive & secondary, I found my self necessitated to dissent from it. We have pledged our honor that we will emit no more promisary Notes & are reduced to a dependence on contingent circumstances for supplies for carrying on the War & for supporting Public Credit. We are now but beginning to call on the several States for their quota of 15 Million Dollars per Month from the 1st February to the 1st October next inclusive. I doubt the practicability, the possibility of a compliance & my suspicions are strengthned by this observation, that those who were most anxious, most outrageously or blindly pressing for the premature determination, are most reluctant to bearing an equitable proportion of the burthen-'tis impossi-

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ble says one-'tis impracticable says another, for my State to raise such a Sum in one Month. Should we fail in this project & find an empty Treasury in the Month of March or earlier, which I most feelingly dread, what will be the consequence? To reply in the mildest terms, much confusion & derangement of public affairs, peradventure, commotions & convulsions in the Army, in the Country, & in the Cities-to repeat Emissions would be infamos & inefficacios-all Credit would be lost. For averting these impending evils vigoros Resolutions are absolutely necessary in the several States to comply fully & punctually with the requisitions of Congress & those must be supported by virtuos & patriotic exertions of Individuals, nor ought we to lose a moment or to wait till January for beginning the work. I shall say every thing I can think of to induce my Country distressed as it is, to contribute her part for the salvation of our Independence, but alas we have no fix'd principles for our guide, the requistition is barely 15 Million per Month; our expenditure the lately voted subsistence to the Army included amounts fully to that Sum & the daily increasing prices of Provisions deprives us of all ground for prospective calculation. Your Excellency is too well acquainted with the difficulties of procuring proper supplies of food for the Army, but are you apprized Sir, of the probability of our deficiency in Cloathing? You may have been told that ample quantities are expected from France, if you place any reliance on such information, 'tis high time you should be undeceived & I esteem it a duty to my Country & an act of friendship to Your Excellency to assure you that our applications to our Ally for Clothing & Military Stores, which humanity, foresight & vigilance would have sent forward in March last or earlier, were not embarked until the latter end of July or beginning of August. From this improvident delay we cannot, even hope to, receive those articles before January or February next, the application must undergo the necessary formalities at Court, admitting success there, Orders are to be issued, Clothing to be provided made,(2) Ships prepared, the Atlantic to be crossed & a Port to be entered at 3 or 4 hundred Miles distance from the Army in the very worst season for transportation. Can the several States supply the necessary wants & in proper time for saving our brave fellow Citizens from another Valley-forge scene? Or, are we again & again to rely on the Chapter of accidents or the interposition of Heaven in favor of Men who will not make a proper use of means. These things unknown to some & unheeded by others who ought to be attentive & indeed answerable, were they declared abroad would alarm many an honest & zealos heart now wraped in profound security. If in this confidential communication I have offered anything new, Your Excellency who in every view, is peculiarly Interested in the happy existence of the Army & the event of the War, will make some advantages from the disclosure & in any

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case I am perfectly satisfied there will be no unfavorable construction passed upon my motives-what I have said in private can have no tendency to sounding unnecessary alarms & yet in truth it appears to me almost time to rouse & call forth that virtuos spirit which led us into the present War & which is now benumned & motionless- upon our own virtue our final success depends. I am sure there still exists virtue enough scattered among us to Insure that success. I lament the prospect of a convulsion as necessary for collecting & bringing it into action. We have chosen Ministers Plenipotentiary for treating with the Courts of Madrid & London, the former was a necessary appointment, the latter if the Act be not unseasonable, the publicity of it I am afraid will be attended with pernicious effects, can we expect the pride of Great Britain will condescend to treat abruptly & directly with a revolted subject & immediately too after having refused the mediation of a Crown head. I entertain certain distrusts on the point which I wish could be communicated without the use of Pen. The thing however is done & become notorious before this day in the Garrison at New York from whence I expect to see in a few days droll strictures & severe animadversions by some of Mr. Rivington's correspondents . I must now turn to Your Excellency's Letter from which I have wandered perhaps too far. The Proclamation by His Britanic Majesty which has been lately published,(3) implies an apprehension of a serious attack on his Kingdom, but neither my depth in Poltics nor in the secrets of the European Courts reach far enough to determine on the utility of one step beyond keeping that Kingdom alarmed & acting vigorosly against its Marine-but it seems to me a joke to say the English Fleet was blocked up in Torbay, which if I am not mistaken is as accessible as any part of the British Channel & as undefended except by the Fleet which may chance to ride there, a little time will enlighten us on these & other important subjects. I am seldom detected in anticipating events but I must confess that I feel an unusual anxiety to see our late King's Speech to his Parliament at their Meeting which I suppose will be early in the present Month. I wish he may have an opportunity of undeclaring that Georgia is at his Peace. General Prevost's ill success in South Carolina will however supply him with an unpalatable spice for the composition & I trust Count d'Estaing has added a still more bitter ingredient for a subsequent Message. Your Excellency's Letter to General Lincoln (4) will go forward by an Express to morrow, 'tis now the 9th. I have been three Mornings on this performance in scraps.(5) I live at a considerable distance from the State House, have many Committees to attend & waste much of my time by a useless habit of punctuality. Colonel Laurens having intimated to me under the 3d September a design to return into Your Excellency's service by Sea in Count

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d'Estaing's Fleet, I have directed to him at Head Quarters, my Letter will be inclosed with this,(6) & I am persuaded he will tell Your Excellency what I have said on his late appointment. I have not presumed to say, don't go-but I beg the liberty upon second thoughts of leaving the Letter under a flying Seal until Your Excellency shall have perused it if you will be pleased to take that trouble. From the prospect abovementioned I shall also return Your Excellency's Letter for him under the present cover.(7) I beg pardon Sir, for this long intrusion & subscribe with great truth, Your Excellency's Much obliged & most Obedient servant, Henry Laurens RC (DLC: Washington Papers). 1 Washington's September 29 letter is in Washington, Writings (Fitzpatrick), 2 Laurens actually interlined "provided" above the word "made," but he let both words stand. 3 A July 9, 1779, proclamation by George 111, issued to prevent the capture of livestock m the event of an invasion of Great Britain, was published in the October 2 issue of the Pennsylvania Packet and the October 6 issue of the Pennsylvania Gazette. 4 Washington had enclosed a September 28 letter to Benjamin Lincoln in his September 29 letter to Laurens. See Washington, Writings (Fitzpatrick), 16:350-53. 5 Neither the content nor the physical appearance of Laurens' letter suggests what portion of it he might have penned on October 8. 6 See Laurens to John Laurens, October 2, 1779. 7 Undoubtedly Washington's September 28 letter to John Laurens. Washington Writings (Fitzpatrick), 16:347 49.

Gouverneur Morris to George Clinton

Sir, Public Phila. 7 Octr. 1779. Congress yesterday determined to raise 15 Mills. per Month from the 1st Feby to the 1st Octr. inclusive. They did me the Honor to appoint me on the Committee for apportioning this sum.(1) I was unadvised from the State on this Subject but from what I learnt at Kingston deemed it my Duty to endeavor at lowering our Proportion which was effected as well in the Committee as in the House without dissatisfaction tho' not without Difficulty. Perhaps I may not have thoroughly accorded with the Views of my Constituents if so let me bear the Blame singly and none of it fall on my worthy Colleagues as I am the blameable. If I supposed the weak Voice of their Servant could weigh with those whom I represent amid the loud Calls of public Necessity the risque of public Honor & Safety the Incitements of all good Men & the Weight & Magnitude of the Objects we contend for I would pour out-to them my earnest Supplications by speedy, vigorous & repeated Taxation to strike at the Root of a Disease which may prove dangerous if not fatal. I would add one Word to caution agt. those palliative Remedies which under

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the Name of Regulations and under the Appearance of Patriotism have been at once ineffectual in the Instant, Tyrannous in the Execution and pernicious in the Effect. But I rely on their Wisdom, on their Experience, on the Reason and Nature of things which must at length draw all things into those proper Channels from which temporary Expedients may vainly have forced them. The Attempts which may be made to recover our Capital I wish may prove Successful for so many Reasons that it would be needless to mention (further than to observe that all lesser ones are swallowed up in it) the Consideration that the Legislature as they are in Capacity will exert themselves to replenish the treasury of the Continent with Sums as much greater than those now called for as the Prosperity of the State will be superior to what it now can boast of. I have the Honor to be most respectfully, Sir, Your Excellency's most obedt. & humble Servant, Gouv Morris RC (MHi: Washburn Collection). 1 New York's share of the $15 million monthly state assessments adopted by Congress on October 6 7 was $750,000. See JCC, 15:1147 50.

William Paca to William Hemsley

Dear Sir 7 Octo. 1779 Yours by the Post was just now delivered to me. We have not had yet any intelligence from the Southward except flying reports such as I find you have heard. On Monday last we have a great riot in this city. A body of two hundred militia assembled for the purpose of expelling all such as they considered Tories: among these they considered Mr. Morris, Mr. Wilson, Gen. Higbee (?) and included all such who had distinguished themselves in opposition to the present Constitution and Code of Pennsylvania. Apprized of the design of the militia those gentlemen collected their friends and armed themselves and took post in Mr. Wilson's House. The militia assembled in the Commons and dismissed their officer (?) not being obedient enough to their orders: they now marched into the City to Mr. Wilson's House where a formal engagement took place. The militia firing in platoons at Wilson's windows & the other Party firing from the windows: four of the militia I hear were killed & ten wounded: one of the other party was killed & four wounded. Happily for both parties Governor Reed headed the light horse of the City and in a lucky moment just as Wilson's doors were broken down charged with drawn swords on the armed militia, wounded several, took many prisoners & put the rest to flight. The next day the militia again assembled but without arms & obliged the Justices to commit to jail several of Wilson's party. Gov. Reed being absent with the lighthorse at Germantown

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this day. On the Governors return they were released. This day the Governor and Counsel met at the State House to investigate the affair & both parties are to be heard. Lee is despleased [displaced?]. Mr. Jay is appointed Minister to Spain. Carmichael Secretary. Mr John Adams Minister for the Peace: Francis Dana Secretary. Mr. Franklin continued Minister to France & Col. Laurine [Laurens] (the Delegates son) Secretary. Yr, Wm Paca Tr (MdHi: Revolutionary Collection). Dr. L. S. Welty typescript, Denton, Md., 1934.

John Fell's Diary

Friday Octr 8th [1779] Coml Committee. Congress. Letter from General Washington, relating to .(1) The Memorials of G Morgan and Trent Respecting the Lands of Indiana and [Vandalia] Refferd to a Comittee of 5. (2) Several Reports from the Treasury &c. Marine Committee. MS (DLC). 1 For Washington's October 4 letter concerning measures necessary for cooperating with the comte d'Estaing, see Delaware, Maryland, and South Carolina Delegates to Thomas Johnson, October 9, 1779, note 1. 2 For the introduction of these memorials and Congress' official response, see John Fell's Diary, September 14; and Samuel Huntington to the States, October 30, 1779.

Samuel Huntington to Jeremiah Wadsworth

Sir Philadelphia Octor 8th. 1779 You will receive this meerly as a private Letter from an Acquaintance & Friend who wishes to give you the best advice in his power. Before this comes to hand you will receive an Act of Congress enabling you to perform the Contract you had made for flour by Supplying the people with Sugar &c which will relieve your apprehensions that Congress had wholly disapproved your conduct in that Respect. (1) I had the honour to recive your Letter of the 4th Instant and laid it before Congress this morning, they are taking the necessary orders without delay to procure flour & rice agreable to your desire.(2) I Sincerely hope you will content yourself to continue in the department as long as Congress Shall desire it. Alltho the Events of war are uncertain, yet from the present prospect we have favourable hopes of Important & it may be decisive

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Events. Let us all exert ourselves to the best of our abilities & let me add who can surmount difficulties better than your self. It is with pleasure I assure you that great Harmony & good humour Subsists in Congress with Close attention to business. I am with Sincerity your humbe Servt, Saml. Huntington RC (CtHWa: James Wadsworth Collection). 1 See Huntington to Wadsworth, October 1, 1779. 2 Wadsworth's letter to Congress of October 4 and a similar letter from Washington was referred to a committee appointed to assist preparations for provisioning the Continental Army. See JCC, 15: 1151; and PCC, item 78, 24:93-96. See also Delaware, Maryland, and South Carolina Delegates to Thomas Johnson, October 9, 1779.

Samuel Huntington to George Washington

Sir Philadelphia Octor 8th. 1779 I had the honour to receive your Excellencies Letter of the 4th Instant this morning and have laid it before Congress.(1) Before this comes to hand you will receive the Act of Congress directing the North Carolina Troops to halt at Trenton and a Copy of the orders to Col. Clarke in Consequence of your former Letter. I have now the pleasure to acquaint your Excellency that Congress fully approve of your Orders, Countermanding the march of those Troops. (2) I have the honour to be, with Sentiments of the greatest Esteem & Regard, Your Exys humble servant, Saml. Huntington President (3) RC (DLC: Washington Papers). 1 For Congress' response to this letter, see the following entry. 2 For "the Act of Congress directing the North Carolina Troops to halt at Trenton," see Huntington to Washington, October 5, 1779. Congress' approval of Washington' s order "Countermanding the march of those Troops" was not officially recorded in the journals, doubtless because its previous resolve of October 4 had simply provided that their halt was to be observed "till farther Orders." 3 Huntington also wrote the following personal letter this day to Gov. William Livingston of New Jersey. "The congratulations your Excellency has been pleasd to honour me with in your favour of the 7th Instant command my most greatfull Acknowledgements. "At the same time permit me with sincerity to Adopt the Language of the roman aedile [a subordinate official originally charged with assisting the tribunes in the administration of public buildings], I call the Gods to witness (Says he) that how honorable soever this dignity seems to me I have too just a Sense of its weight not to have more solicitude & disquiet, than Joy and Pleasure from it. "If by any Civilities to those of your family in this City I have made my Self agreable it will give me Additional pleasure & Satisfaction. "Be assured Sir it will be my constant endeavour to pay proper Attention to whatever may relate to Govr Livingston." William Livingston Papers, NN.

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Delegates to Thomas Johnson

Sir, Phila. Sepr. [i.e. October] 9th. 1779 Your Excellency will be informed by the enclosed Copy of a Letter from the Commander in chief to Congress, that a large quantity of Flour will be immediately wanted for the Army. (1) We have calculated upon the State of Marylands furnishing Ten thousand Barrs. over and above what Mr. Holkers Agents want for the Count D. estaignes Fleet, which we have reason to believe is more than half laid in. The Agent for Virga should suspend his Purchases for that State till the Ten thousand Barrs. for General Washington are procured. Vessels must be had if possible for the Transportation of this Flour to such place or places as his Excellency the General shall hereafter direct. To enable you to furnish the Purchasers with Money, you will from time to time draw from your Treasury such sums as have, or may come into it from Continental Taxes; and whatever may be further wanted, must be sent from this place of which be pleased to forward an Estimate: But as the Continental Treasury is very low, we beg of you to press as little upon it as possible. Altho it is well known to the Enemy that the Count D'estaigne may be hourly expected, yet as it is not known that the General & he are to act in Concert, Congress have enjoined its Members to Secrecy, which you & the Council will be pleased to observe. With the greatest respect and esteem we are, Sir, Your Excellencys, Most Obedient Servts. (2) Nich. Van Dyke James Forbes Wm. Paca Daniel of St Thos. Jenifer Jno. Mathews RC (MdAA: Red Books). Written by Jenifer and signed by Jenifer, Forbes, Mathews, Paca, and Van Dyke. 1 Washington's concern stemmed from the anticipated arrival of the French fleet in North American waters and the needs of the troops of Gen. John Sullivan returning from the western expedition. In his October 4 letter to Congress, Washington explained that in anticipation of cooperating with the comte d'Estaing in "an attempt against New York" he had called upon Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania for 12,000 militia. Since Commissary General Jeremiah Wadsworth had informed him that beef was plentiful but flour was in short supply, Washington specifically urged that Gov. Thomas Johnson "be requested to push purchases" in Maryland, its wheat being "in more forwardness for grinding than any other." In a letter of the same date, Wadsworth also informed Congress that he had been ordered by Washington "to Prepare to feed Ten thousand men; more than our present army." And given the difficulty in procuring flour, Wadsworth asked that steps be taken to procure rice from South Carolina as well. Both letters were read in Congress on October 8 and referred to the delegates of Delaware, Maryland, and South Carolina, who reported this day. Congress thereupon authorized the president of Delaware and the governors of Maryland and

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South Carolina to draw on "the several treasurers in those states" to purchase flour and rice from taxes to be levied according to the state quotas adopted on October 7. See JCC, 15:1150-51, 1157; PCC, item 152, 8:73-78; and Washington, Writings (Fitzpatrick), 16: 406 9, 417n.81. 2 This day the committee also wrote the following letter to Caesar Rodney, president of Delaware: "By the inclosed Copy of General Washington's Letter of the 4th Inst, to Congress, your Excellency will perceive the Reasons which induced the General to advise Congress to call on the States therein Mentioned for an immediate large Supply of Flour, for the Army expected to be brought into the Field; "And altho the State of Delaware is not there Mentioned, as Congress deemed that an Omission in the hurry of Business, and their Duty to supply have included that State in their Requisition. "The Quantity for Delaware is 5,000 Barrels; Congress judges it prudent to keep this Matter as great a Secret as possible, as well to prevent the wicked Operations of our internal & infernal Enemy called Speculators &c as for other Obvious Reasons. "As it is absolutely Necessary this Bussiness be immediately set on Foot, with the utmost Industry and Spirit, the Committee have not the least Doubt of your Excellency's vigorous assistance-to enable the Persons you may appoint to this Business to proceed therein sucessfully, inclosed you have a general Order of Congress on the Treasurer of your State for such Sums as may from Time to Time be found to be Necessary-and should that Fund prove insufficient you'l be pleased to give Congress early Intelligence that Provision may be made Accordingly. "It will be necessary to have the Flour stored at the most proper & Convenient Landings in each County of your State, for Transportation; and when any Considerable Quantity is provided, Information thereof will be proper, that suitable Vessels may be provided to receive the same." FMS Am 1300, MH-H. The committee undoubtedly prepared a similar letter for Gov. John Rutledge requesting rice from South Carolina, but it apparently has not survived.

John Fell's Diary

Saturday October 9th [1779]. Coml Committee. Congress. After the dispatches were Read the Committee on Ways and mea[n]s brought in the draft of a Letter to be sent to the Governours and President of Each State for the Requisition of the 15 Million &c. The Committee brought in the draught of Commission and Letter of Credence for the Secretary appointed to go to Spain. (1) MS (DLC). 1 In his diary for this day Samuel Holten merely recorded that "I dined with Mr. Laurens and about 12 more members of Congress. Mr. Lowell & Mr. Cleveland came to board with us. No news this day." MDaAr.

Cornelius Harnett to Thomas Burke

My Dear Sir Philadelphia Octr. 9. 1779 I had the pleasure of receiving three letters from you while you was on the Road, which I answered some time ago. I am happy to

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find by yours of the 16 Septr. you are in your own House & Sincerely wish you every Domestic happiness you can possibly desire. Had Coll Rochester Called upon me according to his promise, you would certainly have heard from me by him. Long before I received yours I had Congratulated Miss Vining on the Brilliant & Successful attempt of Major Lee on Powles' Hook. Her Mamma & herself present their affectionate compts to you, the young Lady promises to write by this Express, I fear she will be worse than her word. Spains declaration against Britain may as you Conjecture, prolong the war. Mr. Jay is Appointed Minister Plenepotentiary to the Court of Madrid, & Mr. Carmichael his Secretary, John Adams is Appointed Minister Plenipotentiary to Negociate a Peace, Mr. Dana his Secy. and Coll Laurence son of Old Mr. Laurence, Secretary to Docr. Franklin. Fifteen millions per month is Called for from the Sevl. States. Quere will it be paid? I believe not, the Consequences you must know will be distressing indeed. The Quota of Our State is Out of Proportion but this could not be avoided. We hourly expect good News from Georgia, surely the force the Count has with him, must soon settle Matters in that Quarter, should no unforeseen Accident intervene. He is soon expected here, which will render this a very Active, & I hope Successful Campaign. The No. Carolina Troops were Ordered to the Southward, but this Order has been Countermanded by Genl. Washington,(1) on his hearing of the Arrival of Count DeEstang, many are so Sanguine in their Expectations, as to believe we shall be in Possession of N York & R Island this fall. God send it may so happen. Sullivan has been very Successful in the Indian Country, having destroyd all their Settlements; it is hoped this may prevent the depredations of those Savages for some time. The Press stops at 200 Millions which I believe will be expended in December. Out of the 60 Millions which was heretofore called for from the States, only 3 Million have been recieved. How the war can be carried on after that period (Decr.) I know not, I do not expect the Treasury can possibly be supplied by the States 15 millions per month; North Carolina I am confident cannot supply her Quota Monthly. I dread the Consequences, but as you say "we must take events as they happen." For Gods sake come on to relieve me in Novr., but at farthest the very beginning of December & make that Domestic creature Whitmil Hill come with you. In fact I can not live here, the prices of every necessary has advanced at 100 per cent since we parted. I shall return indebted to my Country at least 6000 dollars, and you very well know how we lived. Do not mention this Complaint to any person. I am Content to sit down with this loss, & much more if my Country requires it. I only mention it to you to guard you against difficulties which you must encounter on your return, unless the Gnl Assembly make suitable provision for yr. expences at least. I know they

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will be Liberal, they always have been in their Allowances to their Servants. Could not Hooper, Nash, Johnston, or some such be sent with you, believe me they will be much wanted. I acknowledge it is cruil in me to wish you to return; you have already suffered more in your private Concerns, than any man who has been in the Delegation for Some time past. But you have this Consolation; that should you fail of receiving your reward in this World, you will no doubt be singing Hallilujas in the Next, to all Eternity-Tho' I acknowlege your Voice is not very well Calculated for that business. Your Sythes shall be purchased and sent, as soon as any person Applies for them. Remember me to all your friends, I hope they are mine, Send some body or Other to relieve me & let me, for Gods sake, take my leave of this Laborious, disagreeable, & perhaps unthankfull Office for ever. Adieu my Friend, & may you be happy. You will believe me when I assure you that your happiness will be a very great addition to my own. I know you hate professions, so do I. I am, Dr. Sir, Your affectionate & Ob Servt. Cornl Harnett [P.S.] Mr. Jay Draughted the Circular Letter,(2) Hooper & yourself know his manner. RC (NcU: Burke Papers). 1 See Samuel Huntington to Washington, October 8, 1779. 2 That is, the circular letter of September 12, for which see JCC, 15: 1051 62; and John Jay to the States, September 14, 1779, note 3.

Samuel Huntington to

the Continental Loan Office Commissioners Sir Philadelphia Octobr. 9th. 1779. You will receive herewith enclosed an Act of Congress of the 6th Instant extending the resolution of Congress of the 29th of June last for promoting Loans, to all sums which may be paid into the Continental Loan Office on or before the first day of March next, to the amount of the blank loan Office certificates which are Already ordered to be struck by Congress. Also giving certain encouragement to persons who shall subscribe Ten thousand dollars or upwards and make punctual payments as expressed in the Act.(1) I am with sentiments of Esteem Your Obedient and Very humble servant, Saml. Huntington President RC (MHi: Colbourn Collection). In the hand of George Bond and signed by Huntington. Addressed: "Commissioner of the Continental Loan Office, In the State of Massachusetts Bay." LB (DNA: PCC, item 14). Addressed: "Circular." 1 In its resolve of June 29, Continental loan officers were authorized to pay 6 percent interest on loans to a total of $20 million if subscribed before October 1,

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1779. Large investors were also offered an interest bonus, as persons investing $10,000 or more were permitted to open subscriptions with only 50 percent down, earning interest on the full subscription if the balance was paid before October 1. The resolve of October 6 simply extended the period for subscribing this $20 million to March 1, 1780, while persons with $10,000 or more were again offered an interest bonus on one-half their investment if the balance was paid within "two months after the first payment." See JCC, 14:783-85, 15:1148.

Samuel Huntington to the States

Sir Circular Philadelphia Octr 9th 1779 I have the honour to transmit your Excellency, Sundry resolutions of Congress of the 6th & 7th instant for supplying the Continental Treasury and to request the earliest Communication of them to the legislative Authority of your State.(1) The Money which Congress are at liberty to emit will probably be expended in the beginning of December next and subsequent supplies must be furnished by the States. This evinces the necessity of the punctual payment of their respective Quotas on which their public credit, the existence of their Army, and the support of their Liberties so greatly depend. Congress are deeply concerned to find that the sums required are so great but since the emissions are limited, they doubt not that the operation of taxes and other salutary measures in the course of the year will reduce the prices of articles and enable them to lessen the quotas required or apply part thereof to diminish the public debt. To promote so desirable an object Congress on their part will endeavour to observe the strictest OEconomy in their expenditures. I have only to add that warrants will be issued on the treasurers of the respective States for the quota to be furnished on the first of January next, and that I remain with the greatest respect, Your Excellency's most obedient and very humble Servt. S. H. President. LB (DNA: PCC, item 14). 1 See JCC, 15:1147 48, 1150. The quota resolves of the sixth and seventh set the quota to be collected from the states from February 1 to October 1, 1780, at $15 million monthly and specified the apportionment of that sum among the twelve states from New Hampshire to South Carolina, "Georgia being invaded." For the loan office resolves of the sixth, see the preceding entry.

Samuel Huntington to George Washington

Sir Philadelphia October 9th. 1779 You will herewith receive enclosd an Act of Congress of this day, in Answer to your Excellencys Letter of the 2d Instant.(1)

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I have the honour to be, with the greatest Respect, Your Exys. most humble Servant, Saml. Huntington President RC (DLC: Washington Papers). 1 In his letter of October 2, Washington had inquired about the application of an August 18 resolve pertaining to the subsistence of officers and men in the Continental Army. In answer to Washington's query, Congress' October 9 resolve explained that the former resolution did not extend to "the militia who are or may be called out." See JCC, 15:1156; PCC, item 152, 8:67-68; and Washington, Writings (Fitzpatrick), 16: 388 89.

Henry Laurens to Benjamin Lincoln

Dear Sir. Philadelphia 9th October 1779. I had the honor of addressing you under the 24th Ulto. & recommended my Letter to the care of Colonel Malmadi. On the 4th Inst. & no earlier I received your favor of the 20th July together with Doctor Oliphant's return of the state of the Hospital in the southern department. These papers had been detained by Doctor Read who being retarded by sickness was a long time performing his journey from CharlesTown. I shall be particularly attentive to your recommendations, & Doctor Oliphant may rely on my endeavors to obtain an establishment of the Medical department in So. Carolina & Georgia under his direction. (1) The Chairman of the Medical Committee is not yet return'd, consequently no report, on the Commitment spoken of in my last, has been made.(2) I judge it best to hold in my own hands Doctor Oliphant's return 'till that Gentleman shall appear, the presentation will then, act upon him as a stimulous. Public business is exceedingly delayed in Congress by this fluctuatality of its Members, but I will not leave Philadelphia before I see the articles in question determined. Every Thing practicable is going forward in this quarter for enabling the Commander in Chief to co-operate vigorously & efficaciously with Count d'Estaing. The Frigates & the North Carolina Troops which had been ordered to Charles Town are arrested & Gen. Sullivan with his healthy Troops, who have made great slaughter of Indian Towns & Indian Corn is called to join the Main Army. But a question begins to be now seriously put by every body, what has Count d'Estaing done in Georgia & where is he? We cannot learn either by Land or Sea intelligence of him. You will receive under cover with this Dunlap's Packet containing Copy of a Letter from Major General Sullivan giving an account of his late Military peregrination.(3) I think it was a little mischievos to print the whole, be that as it may, he has certainly made severe retaliation upon the barbarians who will be driven to the utmost distress the approaching Winter by a deficiency of provisions & by

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the loss of their "large & elegant Mansions." The General has unluckily displeased by complaints which are said to be groundless, the Commander in Chief, & given high umbrage to the Board of War & to the quarter Master general, but this if you please, inter nos. Anxious to see the Stores which you had sent for go forward I applied three days ago to the War office, where I was informed by Mr. Peters that the whole were in readiness for departure or very nearly so-but, that it would be impossible to give further aide until large supplies shall be received from France. This cannot possibly be effected earlier than January or February next, in the mean time, I trust a proper use will be made of the authority vested in our State to import. I have not any thing to add but my repeated assurances of being with very great regard & Esteem, Dear Sir Your obedient & most humble servant, Henry Laurens P.S. This will be accompanied by a Packet lately received from His Excellency General Washington. RC (MeHi: Fogg Collection). 1 For the case of Dr. David Oliphant, director general of hospitals in South Carolina, see Laurens to Lincoln, September 24, 1779, note 3. 2 For the absence from Congress of medical committee chairman Nathaniel Scudder, see Scudder to Laurens, October 4, 1779, note 1. 3 John Sullivan's September 30 letter to Congress appeared in the October 9 issue of the Pennsylvania Packet.

William Sharpe to Richard Caswell

Sir, Philadelphia Octr. 10th. 1779 On the 26th of June last I had the honor of transmitting, under cover, to your Excellency fifteen copies of the Journals of Congress dated from the 1st January 1779 to the 5th June, by Colo. Longs Waggon. (1) On the 15th July sent 15 copies dated from the 5th to the l9th of June, by an Express. Mr. Burke took with him 15 copies dated from the l9th June to the 26th of July and I now send by the Express 15 copies dated from the 26th of July to the 20th of August. I doubt not your Excellency will participate in sending Communications (2) which I have made to Messrs Penn & Burke and to Genl Rutherford & Locke which leaves me nothing to add, but, that I have the honor to be, with the highest esteem and regard, Sir, your mo. ob. huml. Servt. Wm. Sharpe Tr (Nc-Ar: Governors' Letterbooks). RC (Nc Ar: Governors' Papers). 1 Remainder of RC missing; text from this point taken from Tr. 2 Not found.

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John Fell's Diary

Monday, Octor 11th [1779]. Commercial Committee. Sundry Letters, Memorials &c. A Memorial from the Legislature of NewJersey relating to fixing the Price of Produce &c, Committed to a Member from Each State.(1) MS (DLC). 1 NewJersey's memorial seeking "a general regulation of prices" immediately revived interest in the previously abandoned device of fixing prices to curb inflation, coinciding with a similar movement in the northern states where delegates were simultaneously preparing to assemble at Hartford to debate solutions to the worsening economic crisis. For the delegates' response to NewJersey's petition and to the similar recommendations of the Hartford Convention that were submitted to Congress on November 10, see Samuel Huntington to the States, November 22, 1779, note. See also these Letters, 6:165n.1, 331-32, 9:438n.11, 634n.3, 10:17n.2, 30n.2, 68n.1.

John Fell's Diary

Tuesday 12th [October 1779]. Commercial Committee. Congress. Letter from Col Broadhead giving an Acct. of his Transactions and Expedition against the Indians, &c. Moved that the Commissioners &c for the Board of Treasury hold their Offices during Pleasure. (1) PM Marine Committee. MS (DLC). 1 The debate concerning the terms of office for members of the Board of Treasury who were nominated this day is not mentioned in the journals. Congress approved the report of the treasury committee on October 23, for which See JCC, 15:1165, 1190, 1204 6; and Fell's Diary, October 22-23, 1779.

Elbridge Gerry to John Adams

My dear sir, Philadelphia. Octr 12. 1779 I have received from Mr Lowell your Accounts & Vouchers,(1) & shall deliver them to the Board of Treasury; how far they will be able to comply with the proposition of returning the latter, which is contrary to their usual Practice, I am unable to say, but will use my best Endeavours to accomplish it. Having lately explained to You some Matters, relative to our internal political Manoeuvres, It is needless to trouble You farther on that Subject. I must however acknowledge, that your good Opinion is flattering to the person who is so happy as to enjoy it, & at the same Time that it exceeds his Merit, it cannot fail of increasing his Desires of deserving it. I mentioned in my last, that Doctor Ban-

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croft & Sir James Jay will probably be nominated, if Mr Dana declines his appointment to the office of Secretary; since which the Powers thereof are enlarged with the Commission of Charge D'Affairs, in Case of the absence or Death of the principal, & the office is so desirable as to be sought, by others of Influence & abilities.(2) It is uncertain therefore, who will succeed in the new appointment, & it is for the Interest of the publick, to prevail wth. Mr Dana, if he has any Doubts, to annul them on this Occasion, & accept the office. I am happy to find that the State of Massachusetts has your assistance in forming a Constitution, & am informed, that You are clearly in Favour of giving to the Governor a negative Power, in legislative Matters. This is a great Question, & I am fully persuaded that You have traced it, to its original principles, compared it with the Circumstances of the Times, weighed with Accuracy the advantages & Disadvantages resulting from each Determination thereof, & finally decided in favour of the proposition, but granting, that upon a general Scales the Measure is wise, yet is there not too much Reason to apprehend from it, great Injuries, & that the Community will be endangered, thereby? & may not this be prevented by giving to the Governor a negative only so far as the proceedings of the Legislature may affect the powers of the Executive? Indeed I have but little Time to attend to such Matters, and well knowing your Sentiments to have been on all Occasions against arbitrary & dangerous powers, I am not much concerned about the Event. One Maxim however, in Matters of Government I think to be just, that the Officers are generally best, whose powers are least subject to Abuse. I remain sir with the warmest Sentiments of Friendship & Esteem, your very humble sert, E. Gerry [P.S.] The Salary of a Minister is fixed at £2500 sterling & of his Secretary at £1000. Your Appointment I think ought not to be divulged at present, but find that is generally known, & as generally approved. RC (MHi: Adams Papers). 1 For further information on Adams' accounts, see James Lovell to Adams, August 20, 1779, note 4. For the recent arrival of John Lowell in Philadelphia, see John Fell's Diary, October 9, 1779, note. 2 This provision enlarging the powers of secretaries to missions abroad had been incorporated into the form of commissions adopted by Congress on October 9. JCC, 15:1159-60.

Samuel Holten's Diary

[October 12-13, 1779] 12. Tuesday. I wrote to General Count Pulaski, & to Mrs. Holten (No. 79).(1) The weather is warm & showrs. this eveng.

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13. Wednesday. I met a Committee this evening on Genl Arnold's Accounts. (2) MS (MDaAr). 1 Neither of these letters has been found. Pulaski had been mortally wounded on October 9 during a cavalry charge against the British defenses at Savannah, Ga. 2 Holten had been appointed on October 1 to a committee to examine the accounts of Gen. Benedict Arnold for his nine months' service as commandant of Philadelphia in 1778 79. See JCC, 15:1126, 1134; and John Fell's Diary, October 1, 1779.

Samuel Huntington to Philip Schuyler

Sir, Philada. Octr 12th 1779 I am directed by Congress to lay before the Commissioners for indian Affairs in the northern district of which you have the honour to be Chairman copies of General Sullivan's letter of the 2d instant his Speech to the Oneidas &c and their Answer which you will receive herewith enclos'd.(1) I have the honour to be, with Sentiments of esteem & regard, your humble Servt, S. H. President LB (DNA: PCC, item 14). 1 See JCC, 15:1161. In his October 2 letter to Congress, John Sullivan had expressed optimism that the measures he had recently taken would bring about the repentance of hostile Iroquois warriors and reassure the friendly Oneidas, who had long been favorably disposed to the United States. In his speech to the Oneidas, he had asserted that Congress would "totally extirpate the other five nations except those who have joined you & continued friends to the United States & such others as may think proper to come in & enter into a firm league to join our friends the Oneidas." Sullivan's letter to Congress, with his enclosed speech to the Oneidas and their response, are in Sullivan, Letters (Hammond), 3:137 41. The MSS of the first two documents are in PCC, item 160, fols. 328-33, but the last has not been found.

Woodbury Langdon to Meshech Weare

Sr. Philadelphia Octobr the 12 1779 The reasons why I have not done myself the honor of writing to you before are these. Soon after my arrival I was taken very ill of a Fever which confined me to my Bed a considerable time and since my recovery General Whipple has gone home who from his long residence and experience at Congress will be able to give you a more perfect Account of the transactions here than can be expected from me. Since my recovery I have attended Congress with the closest application and shall endeavour to exert myself if my health continues to the utmost of my abilites while here. You will have received sundry Resolutions relative to Vermont from the President of Congress a

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Copy of the last of which I herein inclose, the others of the 24th September were pass'd while I was confined and I cannot say are altogether to my mind. This Business in my opinion is of the greatest consiquence to New Hampshire and requires her most serious attention for many very weighty Reasons among which give me leave to mention the following. That as the thirteen united States have declared themselves independent which they will beyond all doubt support and at the same time have reserved to each State its particular seperate independence and sovereignty and as New Hampshire without Vermont will be very small and weak compared with her neighbouring States and it cannot be expected in the nature of things but that some day or other differences will arise between that State and her neighbours in which case she will be under great disadvantages on Account of her weakness, it therefore is her indispensable duty in the first seting out to endeavour by all proper means to be as much on a footing with her neighbours as possible, of the truth of this I am more & more convinced every day, it will also give her greater weight in the grand Councils of America and be an amazing saving of Tax-both which are objects well worthy consideration. The same reasons will apply to Vermont against her being a seperate State and in favour of her being connected with New Hampshire, indeed there does not appear to me the least probability that Vermont will be allowed to be a seperate State and every step that has been or may be taken by New Hampshire to countenance it weakens her claim far beyond what many Gentlemen of New Hampshire have any conception of, and will be so construed in disiding the dispute, therefore I wish most heartily that New Hampshire and the Inhabitants of what is called the Grants or Vermont would for the interest of both lay aside every thought of making the latter a seperate State and unite in their endeavours to be one State in which case in my opinon they will succeed, but if Vermont persists in endeavoring to be a seperate State and New Hampshire appears to acquiese they will very likely both be disappointed and in all probability Vermont will be adjudged to New York. I confess I am anxiously concerned for the settlement of this Matter and when I declare that I have no private Interest in the Tract of Country called Vermont and never expect to have it will I flatter myself be admitted that I can have no view seperate from the true Interest of New Hampshire when I endeavour to prevent the Grants from being loped off from New Hampshire of which without vigorous exertions there appears to be danger. The Delegates of New York, Massachusetts Bay and New Hampshire have most of them thought it best to recommend to their several States a particular form of an Act to answer the end of the Resolutions referred to above, in order that there might be a similiarity in the Acts, the Delegates from the two former States have accordingly sent a form of an Act to their respective States, a Copy

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of which I have thought it my duty to inclose herein; (1) and the General Court will adopt it or not as they may think proper. If it should be adopted it may be very necessary to add a Clause makeing it of force provided New York and Massachusetts Bay pass similar Acts otherwise not, as it is at present very uncertain what will be done by those States and I hope I shall be pardoned when I say that I hope that care will be taken in forming every part of the Act that no disadvantage or embarrasment may accrue to the State hereafter in consiquence of it. Yesterday was forwarded to you by Express Sundry Resolutions of Congress respecting a Supply of the Treasury, the Letter accompanying them together with the inclosed of the 13th Septr.(2) past sufficiently point out the necessity of the measure without my ading anything on the Subject, it gives me much pain to find that there appears to be a necessity for calling on the States for such large Supplies and confess that I am not without my fears respecting the success of it, but you must see what will be the consiquence if it does not succeed. Your Delegates have been able to procure the Proportion of Tax for New Hampshire to be much lower than what it has hitherto been,(3)but it must be remembered that when hereafter the proportions of the Taxes of each State shall be finally fixed agreable to some former Resolutions of Congress if it shall then appear that New Hampshire or any other State has been dificient it will be then liable to make good such deficiency and on the other hand if any State has been overrated it will have credit for the same. The peculiar situation of my family and other concerns renders it necessary for me to leave this place early in December in order to return home which I hope will not be taken amiss by the Court as they will remember it is agreable to my engagement with them, it will always be the height of my ambition to render the State every possible service in my power-dobtless care will be taken that such Persons are chosen to represent the State in Congress as are fully acquainted with the dispute relative to Vermont and to instruct them fully in that Business. I am with all due Respect, Your most obedient, Hble. Servt. Woodbury Langdon RC (Nh-Ar: Vermont Controversy Collection). N.H. State Papers, 10:355-58. RC damaged; missing words supplied from Tr. 1 For this draft "Act," see Massachusetts Delegates to the Massachusetts Council, October 4, note 3; and John Jay to George Clinton, October 5, 1779. According to Jay, Langdon was a moderate on the issue of New Hampshire's territorial claims and had proposed making "the Ridge of mountains instead of Connecticut River, the Boundary between us," thereby dividing the disaffected Vermonters between New Hampshire and New York, and rendering "the Reduction of them to good order less difficult." See John Jay to George Clinton, October 7 1779. 2 Langdon subsequently discovered that he had failed to send Weare this circular letter "of the 13th Septr." from Congress to the states, and accordingly enclosed it with his next communication. See JCC, 15:1051-62; and Langdon to Weare, October 19, 1779.

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3 New Hampshire's share of the $15 million required of the states monthly from February to October 1780 was $400,000, a reduction of $100,000 from her quota for 1779. See JCC, 13:28, 15:1150.

Henry Laurens to Richard Henry Lee

My Dear sir. Philadelphia 12th October 1779. Since my last Letter to you under the 28th September I have not been honored with any of your favors, nor from a former intimation, could I have expected to hear from you.(1) We remain without any addition to the first advises of Count d'Estaing's arrival near Georgia, this circumstance detains me in Philadelphia, which I cannot conveniently depart from, until I shall have seen & conversed with the Young Gentleman lately appointed Secretary to the Embassy at Versailles,(2) I mean to give him a faithful unbiasing account of Foreign & domestically-transacted-foreign affairs & leave him to judge & determine if he reads my heart he will return thanks & decline acceptance. You will receive with this a Copy of the Journal containing the Yeas & Nays formerly spoken of, the different principles alluded to by a Note in the Margin were-J thought 10 or 15 by far too little. L was of opinion that anything would be too much.(3) The Report for which a certain Monday was "set apart" remains unconsidered & probably will remain so to the day of Judgement. Yesterday I received Packets & Letters ten in number directed to yourself & Colo. F. L. Lee from France which I have delivered to Mr. Lovel who has shewn me Copies of two which will be read this Morning in Congress, I shall move to have them printed, if refused, & I can obtain Copies, they shall be printed-Mr. Lovel will enlarge on these points.(4) The P.S. to my Letter above recited informs you that I had paused upon the propriety of transmitting a Paper which had been inclosed,(5) upon mature reflection & considering circumstances which have since happened I see nothing improper in it, therefore I shall inclose it with this in its original state, probably it may at this distance of time convey no information. The Salaries to Ministers Plenipo: £2500 Sterling per Annum, to their Secretaries f 1000-in full of all expences &c. passages excepted. I moved for £2000 & £700 & was uniformly no! against everything higher & my motives & reasonings I trust will meet the approbation of my thinking fellow Citizens-we have made the appointments where are the funds? Mr. Carmichael had no competitor, but I refused my Vote;(6) upon proper reflection I am persuaded he himself will applaud my candor & I will take the liberty of adding, my judgement. He who had repeatedly acknowledged that he had called an American Minister in Office a Rascal & did not deny that he had called him Villain too & said he would display his Villainy to Congress, must

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have been either right or wrong. I need not deduce the logical conclusion, I think I have acted as if I understood it. The two Legs are made Ult. but yesterday there was a proposition for reconsidering & expunging the Southernmost, I opposed it, after an hours debate, adjourned-we shall hear more of it today.(7) I told the advocate for expunction, I had long since heard every word he had offered in support of his motion-out of doors. The Confederacy is still at Chester her Passengers will embark in the course of this Week. God bless you my Dear Sir, have patience & all things will work together in support of honesty & truth. I am with sincere Esteem & regard, Your obedient & most humble Servt, Henry Laurens. [P.S.] I have heard some people impudently talk of meanness in a_____ but I have not in my life seen more marks of sordid meanness than has been for some Days past displayed by a monosyllable.(8) RC (PPAmP: Lee Papers). 1 The "former intimation" has not been identified, but the circumstance alluded to probably involves Lee's experience with post riders, which he also discussed in an October 15 letter to Laurens. Lee, Letters (Ballagh), 2:159. 2 Laurens is referring to his son John. 3 The subject is the congressional debate of August 26 concerning compensation for Silas Deane's expenses. John Jay and James Lovell are undoubtedly the delegates referred to here. 4 See James Lovell to Richard Henry Lee, October 13, 1779. 5 The enclosed "Paper" has not been found, and the incident to which it pertained has not been identified. Laurens had prepared this enclosure for his "last letter" to Richard Henry, but before transmitting it he had a mysterious meeting with the person involved in the episode and decided at the last moment not to send it, because to do so, he explained, would be "inconsistent with my honor." See Laurens to Richard Henry Lee, September 28, 1779, note 6. 6 Laurens had refused to support William Carmichael's election as secretary to the minister to Spain because of Carmichael's refusal in September 1778 to testify against Silas Deane although he had previously intimated that Deane had misappropriated public funds. See these Letters, 10:653n.3, 661, 707-9,

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11:114, 309-10. 7 The "two Legs" made ultimata were the fisheries and navigation of the Mississippi River. For the maneuvers involved in attempting to expunge "the southernmost, " see Gouverneur Morris' Draft Motion, October 13? 1779. 8 Laurens may be referring here to John Jay.

Francis Lewis to George Clinton

Dear Sir, Philada. 12th Octobr. 1779 I have the honor to enclose Mr. Charles Phelps's receipt for three hundred Dollars, upon his applycation to the Delegates of our State, for which the State is accountable to Congress, and Phelps to the Treasurer.

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I am also requested by the New Jersey Delegates to transmit you the inclosed Publication,(1) the Post going off immediately will not permit me the time to peruse it, but as I am informed it is intended for public Utillity, should be glad to receive your Sentiments thereon. We are anxious for the arrival of the Count de Estaing at the Delaware Capes; where there is Pilots stationed, and every other necessary for the accommodation of his fleet, but we are under some concern at not hearing officialy from him since his of the 8 Ulto from Georgia; the moment we receive any authentick advices Shall inform you. I have the honor to be with great sincerity, Your Excellency's very Humble Servant. Fra Lewis RC (PHi: Conarroe Collection). 1 The "inclosed Publication" was the public form of a NewJersey proposal to limit prices, which had been read in Congress on October 11. See John Fell's Diary, October 11; Henry Marchant to William Greene, October 12; and Samuel Huntington to the States, November 22, 1779.

James Lovell to Benjamin Franklin

Oct 12. 1779 Mr Girard having been particularly applyed to relative to the affairs of Mr Du Coudray by the Heirs, has the original Certificate of which is a (2 plicate or triplicate) but Doctor Franklin will mark out for himself a line of conduct referring properly to the Civility due to Mr Gerard, and the Interest of Mr Du Coudrays Heirs.(1) Signed James Lovell FC (DNA: PCC, item 79). 1 On September 9 Congress had referred "the claims of the heirs of the late Monsr. du Coudray, against the United States" to the Board of Treasury. Congress did not settle the claim until September 25, 1781. See JCC, 15:1041, 21:1014.

Henry Marchant to William Greene

Sir, Philadelphia Octr. 12th 1779 Mr. Collins sat out last Tuesday for Providence, meaning however to take the Camp in his Tour; and proposed to wait there a few Days for Count De Staing's Arrival, and to put himself on Board if possible. Before the Receipt of this your Excellency will have recd. the Address of Congress, and the late subsequent Resolutions calling upon the States for all future Supplies. Your Excellency will perceive that from an Arbitrary and unreasonable Depretiation of the Currency, no Ways proportioned to the Emissions, the amasing high Prices have caused the-monthly Expenditures for the Support of the Army & the Common Cause to be very enormous. It cannot be doubted,

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but that the very Assessment of those Taxes, at least the first & second monthly Collections must have an Effect upon Prices and appretiate the Currency, as soon as this shall be happily effected; I should presume that Congress will be able proportionably to relax in the future Taxes. As the State I have the Honor to represent has hitherto taken more than its Proportion of Taxes, and its Situation from the Invasion of the Enemy, and the Consequent scattering of a great Part of its Inhabitants, and other Considerations have most severely distressed the State-I was so happy as to prevail in reducing Our Proportion of the Taxes for the Year 1780 One third less than heretofore. (1) Should the Enemy at Rhode Island either be taken, or find themselves constrained to evacuate it-the State will have an Opportunity, if they shall see proper so to enlarge their Taxes as in some Measure to lighten their own internal Debt. For while on the one Hand we feel the Weight of the present Taxes it will be plainly seen that, Monies will never be raised with more ease than when the Currency is in its greatest depretiated State. That Time I must presume is now, For I must please myself with the Reflection that the Virtue, Generosity & Patriotism of my Countrymen will strike a most decisive Stroke to the last Hopes of Our Enemies, which are alone built on the Destruction of Our Currency, and will by the most vigorous Measures, and by almost any temporal Sacrifice regain a Confidence in the Currency, which shall confound Our Enemies, and speedily establish Peace, Liberty and Independance to the United States. The first Sacrifice is allways the cheapest-And the Way to preserve our Property & thereby enrich Ourselves is to make a great present Sacrifice of partial Interest. The State of New Jersey have addressed Congress in the strongest Terms upon the Subject of regulating Prices and pray that Congress will take it into serious Consideration, and recommend a Plan for that Purpose to all the States. Indeed New-Jersey never repealed their Former Act, but suspended it only till as they say the Wisdom of the other States should perceive as they do the absolute Expediency of the Measure. Congress have committed the Address of New Jersey to a Committee of one Member from each State. The Legislature of New-Jersey have sent forward to the Delegates of all the States in Congress, an Address to every State, requesting that those Addresses may be forwarded by the Delegates of their Respective States, And I have accordingly enclosed One to your Excellency.(2) Should such a Measure take Place; the Expenditures would be diminished, and Taxes I presume proportionably lessened. I should be glad of the Sense of my Constituents upon so important a Subject. Should I not receive any-I shall endeavour to act from such Principles, as I conceive were the Inducements in their late Transactions in Convention. We are in momentary Expectations of hearing of the Count De Staing near these Shores. We have no late official Accounts. Report

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says that an Attack had been made upon the Garrison at Beaufort, that after an Action of three Hours & a Quarter, it was carried, Nine hundred of the Enemy made Prisoners-All their Baggage & Stores taken, & their Shiping there destroyed-That the Count had ordered his Ships up the Savannah to cooperate with Genl. Lincoln. A few Days must give us full Information. Our Affairs Abroad are in the most prosperous Train. Most of the European Powers wish us well, and if all of them do not, we know of no Enemy but Britain- And we know not that they have a Friend in Heaven or Earth. It behoves us however to be our Own Friend-so may we expect the further Blessing of Heaven & the Completion-a happy Completion to the glorious struggle and I trust Heaven is ready to hand it out to Us as soon as we shall be fully disposed to receive it. That so glorious is the sincere prayer of Your Excellencys most obedient & very humble Servt. Hy. Marchant P.S. I enclose your Excellency the Weekly Journals of Congress in Course down to the 28th of August. RC (R Ar: Letters to Governors). 1 Rhode Island's new assessment was $200,000 of the $15 million required from the states monthly for 1780 compared to 5300,000 of the 515 million required for 1779. JCC, 13:28, 15:1150. 2 For New Jersey's "Address," see John Fell's Diary, October 11, 1779.

Marine Committee to the Eastern Navy Board

Gentlemen October 12th. 1779 We wrote you the 6th instant by Captain James Nicholson whom we have appointed to Command the Trumbull, since which we are favoured with yours of the 23rd ultimo. (1) We have now to inform you that we have named the New ship Building at Middleton the Bourbon and have given the command of her to Captain Thomas Read who will go from hence in a few days to superintend the fitting and manning of her-respecting which you will give him the necessary Orders and use your endeavours in getting ready that Ship as soon as possible. We enclose you a Resolve of Congress of the 17th Ultimo appointing Colonel Silas Talbot a Captain in the Navy of the United States, and we have determined that should you purchase the Thorne he shall command her;(2) we expect to hear shortly if you have purchased that vessel. The Ship Confederacy being destined for france and other opportunitys from this place affording sufficient conveyances for the Public despatches, the Packets now at your port which have been kept for that purpose need not be longer detained but may be employed in importing Articles for the use of our Navy. You will please therefore to load them with Tobacco or such Other Articles as can be procured that will be suitable at the Bilbao Market and

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dispatch them for that Port, ordering back the returns in Rigging, Sail Cloth, Powder, Lead & such other articles as are most wanted for your Department. Should it be necessary to provide Prison ships at Boston or Portsmouth in New Hampshire you are Authorized to do so, and to furnish the Commissary General of Prisoners or his Deputy with Cartel vessels when they are wanted. We are Gentn, Your Hble Servts LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 The board's September 23 letter to the committee is in the Eastern Navy Board Letterbook, NN. 2 JCC, 15:1075-76. For a discussion of Talbot's achievements and the failure of these efforts to secure him a suitable ship as a reward for his exploits as commander of the Argo, see Henry Marchant to Silas Talbot, August 9, 1779, note 2.

Virginia Delegates to Benjamin Harrison

Sir October 12th [1779] The good Intentions of a neighboring state having committed to our charge the conveyance of the enclosed paper,(1) we do ourselves the honor to hand it to the Virginia assembly under your address. We have only to add that in consequence of a representation from the same state addressed and received by Congress the business is so far began as to be committed to a member from each state. We have the honor to be, Sir, your most obedient humble Servants, C Griffin Js. Mercer William Fitzhugh Tr (DLC: Edmund C. Burnett Collection). Endorsed: "Copied from the original, then in the possession of Mr. Stan V. Henkels." 1 For the enclosed New Jersey representation on price limitations, see John Fell's Diary, October 11, 1779.

Committee for Foreign Affairs to Arthur Lee

Sir Octr. 13. 1779. This is officially to convey to you the Knowledge of the Appointment of a Minister plenipotentiary in lieu of a Commissioner at the Court of Spain; and also a Resolve of Congress of this Day (1) upon the Reading of your Letter of the 31st of May.(2) Mr. Jay will probably be in a short Time in Europe to execute his Commission. I am, Sir, your most humble Servant, James Lovell, for the Comtee. of forgn. Affairs

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RC (ViU: Lee Family Papers). Written and signed by Lovell. 1 Congress had resolved "that Mr. A. Lee be informed of Mr. Jay's appointment, and that, agreeably to his request, he is at liberty to return to America." JCC, 15:1165-66. Lovell had made this motion because he feared that Lee would be embarrassed by being informed of his replacement through the newspapers, which had printed extracts of Congress' resolves appointing John Jay a minister to Spain. See Lovell to John Adams, October 5, note 1, and to William Whipple, October 5, 1779, note 1. 2 Lee's May 31, 1779, letter offering to resign his commission is in PCC, item 83, 2:268-71; and Wharton, Diplomatic Correspondence, 3:196. See also James Lovell to Richard Henry Lee, this date, note 2.

Pennsylvania Council

Commercial Committee of Congress. Phila. 13 Oct. 1779. The Commercial Committee being directed by Congress to ship off provisions for supplying his Most Christian Majesty's fleets & Troops in the West Indies, procured the Continental Packet boat Eagle, Capt. Ashmead, to be laden with two hundred bbls of salted Pork, and fifty bbls. of Bread, since which, the pressing demand for powder & woolens for the Army, has induced Congress to direct the sending said Vessell & Cargoe to St. Eustatius, where the above articles can be procured, provided the Honble Councils permission be obtained for clearing said Vessell at the Naval Office. Per Order- Fra. Lewis RC (PHi: Gratz Collection). Written and signed by Francis Lewis. Addressed: "To His Excellency the President in Council." Endorsed by Timothy Matlack: "Read in Council & granted Octob. 14th. 1779. TM Secy."

Committee of Congress to Jeremiah Wadsworth

Sir, Philadelphia Octr 13th 1779 We wrote you in our last that 800 barrels of flour would be obtained from this State & forwarded directly. We are Sorry to inform you that on Examination only 47 barrels are on hand. The Compliment of 500 barrels will be furnished as fast as it comes in-& one hundred barrels in the hands of the Commercial Commtee. will be ordered on. This information we judged necessary to prevent a dissappointment. Have nothing new-respecting the Count, our expectations are very Sanguine. Your obedt. humble Servt. Jesse Root Chairn. of Commttee. on your Deptm.(1) RC (CtHi: Wadsworth Papers). Written and signed by Root.

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1 That is, the committee for superintending the commissary and quartermaster departments. The committee's work at this time also involved procurement of wagons for the transportation of provisions collected for Wadsworth, and accordingly Root and fellow committeeman Daniel of St. Thomas Jenifer met with the Pennsylvania Council on both October 15 and 16 to discuss "the Pay of Waggons now to be called into the service of the United States." Wagon hire was regulated in Pennsylvania, and runaway inflation had made it impossible to procure wagons at the rates currently established. For the council's meetings with Root and Jenifer, and an October 15 letter to them on this subject from Joseph Reed, see Pa. Council Minutes, 12:131 -32; and Pa. Archives, 1st ser. 7:750.

John Fell's Diary

Wednesday Octr 13 [1779]. Coml Committee. Congress. Dispatches, Letters & Memorials were Read, Also Reports from the Board of Treasury. Dr Weatherspoon moved for the Ultimatom in the Instructions to the Minister of Spain,(1) instead of insisting on the Free Navigation of the Missisipi to have a free Port only 6 ayes, 4 Noes, 1 devided.(2) MS (DLC). 1 See Gouverneur Morris' Draft Motion, this date. 2 Fell undoubtedly reversed the vote on Witherspoon's motion which had, according to the journals, "passed in the negative," four yes, six no, and one divided.

Samuel Huntington to Jonathan Trumbull, Sr.

Sir Philadelphia 13th Octor 1779 I do my Self the Honour to acquaint your Excellency that the papers you Transmitted to Col. Laurens are referd to a Committee appointed to Consider the subject matter of their Contents.(1) Have also taken the Liberty to enclose an extract of a letter from Mr. Diricks lately receivd in Congress.(2) It gives me pleasure to find your Excellencies Correspondence with Baron Van der Capellen is likely to prove of public utility. I congratulate your Excellency on the Success of the western Army under Genl. Sullivan, & with pleasure add; we have this day received Intelligence from Fort Pitt that the Success of Col. Broadhead against the more western Tribes in destroying their Town & Settlements is allmost equal to that of Genl. Sullivan's & without loss on our part. I am with Sentiments of Esteem & Regard, your Excys. humble Servt. Samel. Huntington RC (Ct: Trumbull Papers). 1 See Henry Laurens to Trumbull, September 26, note 1, and October 19, 1779, note 1. 2 Jacob Gerhard Diriks' July 10 report to Congress on prospects for a Dutch loan and on his delivery of letters from Trumbull and William Livingston to Baron van der

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Capellen, which was referred to committee this day, is in PCC, item 78, 8:327 30. JCC, 15:1167

His Excellency The President of Congress

Paris June 5th. 1779 I beg the favor of your Excellency, to lay my Respect before Congress; with a Repetition of my most earnest request to be recalled. I should most willingly continue to sacrifice as I have hitherto done, my private Interests to the public good. But I am satisfied that the dissentions raised concerning me, will be continued by a continuance of my Commission, and will be of more injury to the public than I can be of Service. And as the public good was the sole motive of my accepting the Commission, the same reason now induces me to desire most earnestly to resign it. I have the honor to be, with the greatest respect, Your Excellencys most obedient humble Servant. Tho' dated June 5th it is the exact Copy of May 31st. which was this day read in Congress and produced the inclosed Resolve.(2) I imagined such an Entry on the Journals would be a sort of decency beyond total silence and therefore moved it. The Letter was listened to with Gravity and some Remarks I made were approved & confirmed by each one who spoke and by no one more than Mercer who acknowledged that this Letter gave him new & pleasing Ideas of Mr Lee. I was sure yr. Brother would so Conduct if he found his Ability to serve these States to be impaired by the malignant Arts of his avowed Enemies strengthened by the unbecoming Tameness of those who ought to be the Patrons of his Honor on the meer ground of official Relation, to say nothing of his proved Capacity for acknowledged Integrity and his unwearied Zeal. I did not mention to put into the Presidents Letter, as a copy now sent, one of the old Letters of March 1st (3) for had I been interogated as to its arrival I should not have been in the State that honest Davus wished to be in regard to the placing of the Infant, ut liquido faciam says he, if I am called upon to deny it. There would be a meaness in putting in now what I intend readily to own, when there is occasion, that I aided to Suppress. I have by me a Letter from Capt. Fowler to a Friend of his here Col. Semple,(4) in which, upon Sight of Rowlands Peice of Augst. 10th,(5) he was induced to insert the strongest Testimony of the Stock

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jobbing Schemes of Wharton, Bancroft &c. wishing however to have his own name concealed. He writes from Ohio Sepr. 22 RC (ViU: Lee Family Papers). In Lovell's hand, though not signed. 1 Although undated by Lovell, this letter can be dated by Lovell's statement below that Arthur Lee's May 31, 1779, letter was "this day read in Congress," which was October 13.JCC, 15:1165 66. 2 See Committee for Foreign Affairs to Arthur Lee, this date. 3 No March 1, 1779, letter from Arthur Lee has been found, but it also may have dealt with his resignation. The suppression of Arthur's resignation, which Lovell had managed since mid-July (see Lovell to Samuel Adams, July 16, 1779, note 6), was also a subject of the following letter from Richard Henry to Arthur written on October 12, 1779. "Your {enemies} have triumphed at last," he wrote in explanation of Congress' September 27 selection of John Jay as minister to Spain, " {wicked} persevering and under no kind of {restraint} they have fairly {worried} out the {friends} of {virtue} and their {country}. By various manoeuvers and after repeated and frustrated attempts to recall, one was fallen upon that succeeded and Jay of {Congress} is to go {plenipotentiary} to {Spain}. Mr John {Adams} is to {negotiate} the {peace} with G.B. when that comes on. I sent your {resignation} long since to philadelphia to be submitted, as to presentation, to Americas best friends and it was determined to {withhold} it until it was seen how {Congress} would act in {Deane's} affair. In the mean time, the above manoeuvers took place-I believe it will now be presented. Your best friends are of the opinion that you should come immediately over and before {Congress} demand a full hearing and complete vindication-If it is {refused} the {public} will, on an {appeal} do right to the injured. In your Letter to Loudoun of May 28 Last, you deliver a sentiment that is perfectly just, that in a free country like ours their is no disgracing a man who is shielded by innocence and evidence-far less can a wicked faction do any such thing. Bad men may impose for a time, but cannot stand against the truth fairly displaied and properly enforced. Our {frigate}, [Confederacy], will carry {Gerard} (and perhaps {Deane}) home, by her {return} you and Ludwell may {return} here. These two men have been most intimate here, and tho constantly declaring for many months past that they must depart in a few days yet they never stirred until their {point} was {gained} and now I suppose, as a certain gentleman says, they are glutted (even to statiety with revenge) they will realy go. Wisdom and perseverence are excellent qualities, to secure success and to vanquish finally all wicked combination. If you can, I would advise you to land at Portsmouth in Newhampshire where I am assured you will be well received, at that place and at Boston you will have an opportunity of seeing General Whipple and Samuel Adams Esqurs. with other wise and virtuous friends of America, who loving their Country, esteem and honor its able and virtuous Citizens. You will thus have an opportunity of seeing a valuable part of this union which you have not yet been personally acquainted with. Mr. John Adams, since his arrival here and before he came has in his Letters (for he has not been at Congress) done great justice to your character. The above business was determined in Congress before the arrival of the Chavalier de la Luzerne. He has since arrived at Philadelphia. The Virginia Delegates in Congress are James Mercer! Wm. Fitzhugh of Chatham! Flemming! Cyrus Griffen! Mery Smith[!] I wish that Mr. Wm. Lee and Mr. Izard would come with you. Farewell, (First Survivor Brother}. "{Congress} neglected for very obvious reasons to publish your {Vindication}, but I expect to get it done immediately leaving out such parts as might be improper on account of {foreign powers}. An honorable Member of Congress says he doubts not but that your Country will yet do you honor. I think so too. A temperate, firm, and wise conduct is only necessary." Lee Papers, MH -H; and Burnett, Letters, 4:481 -82. Words printed in braces were written by Lee in cipher, for which see these Letters, 9:654n.2.

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4 Alexander Fowler, auditor of the army in the western district, and William Semple. 5 Richard Henry had written a number of essays defending Arthur Lee that were printed in the Pennsylvania Packet during August over the pseudonym "Rowland." See Lovell to Richard Henry Lee, August 17, 1779, note 3.

Gouverneur Morris' Draft Motion

[October 13, 1779](1) That the Minister of these States to his Catholick Majesty be privately instructed to recede from the Claim of a free Navigation of the River Mississippi mentd. in his Instructions below the 31st Degree of North Latitude on Condition of the Grant of a free Port therein also Mentd. if the obtaining such Navigation shall be found an inseperable Bar to the proposed Treaties of Amity & Commerce between these States & his Catholic Majesty. Provided always that if the Power herein contained be confined to the said Minister & not in Case of his Death or Absence to be exercised by any other Person.(2) MS (DLC: Force Collection). In the hand of Gouverneur Morris. 1 This document, which agrees verbatim with the "motion . . . made by Mr Witherspoon, seconded by Mr Morris" and recorded in the secret journal for October 13, was the copy given to Secretary Thomson, as the vote of the delegates on this motion is recorded on the verso in Thomson's hand. The handwriting on the motion was misidentified by Worthington C. Ford as that of John Witherspoon in the published journal, which for this entry was reconstructed from Thomson's secret journal. See PCC, item 1, 23:36-38, item 5, 1:352 53; and JCC, 15:1168n.2. 2 This motion reflects the concern of some delegates that Congress had pressed too far in demanding "free navigation of the river Mississippi into and from the sea" in its September 17 resolution on the negotiation of a Spanish treaty. The delegates, however, stood by the resolution as originally adopted by a vote of six to four. For the formulation of the instructions to the minister to Spain, see Henry Laurens' Notes on a Treaty, September 9-17, note 1; and Samuel Huntington to John Jay, October 16, 1779.

Nicholas Van Dyke to Thomas Bradford

Sir,(1) 13 Octo. 1779. The inclosed Bill of Cost you'l perceive is made out by the Goaler of New Castle County, to whom the Prisoner's therein named were Committed, when taken from on Board the small French Schooner lately brought into Philada, being retaken by the Mate, she was bound from Baltimore on a Cruise to Caegin with Plank & Tarr. The Reason of the Prisoner's being landed here was, the Mate was fearful he was not safe in keeping them on Board, as he looked on himself alone except the Hands put on Board by the Privateer who took him-after which as soon as he procured Hands to assist him to go to Philada. he proceeded without calling for the Prisoners. You'l be pleased to allow what is usual in such Cases, & pay the same to

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Mr. George Garland the Bearer whose Receipt will be sufficient for the same. I am Sir, yr. Most obdt. Nichs. Van Dyke RC (PHi: Society Collection). 1 Bradford, who published the Pennsylvania Journal and Weekly Advertiser in Philadelphia, had been appointed deputy commissary general of prisoners in January 1778. See DAB; and Washington, Writings (Fitzpatrick), 10:310.

Benjamin Franklin

Sir Octr. 14th. 1779, Philada. By a letter of July 16th the Superscription of Letters to "Our great faithful beloved Friend & Ally" was submitted to your Judgement.(1) You ought however to be told Mr. Gerard has one to deliver directed in the same manner, the double of which you herewith receive, to be kept for him, to serve in case he may have been forced to sink his Papers. The Opportunity by him from this Port being so good I only now send a few of the latest Prints and Journals, large Packages being on board the Confederacy. Your most humble Servant, James Lovell for the Comtee of forgn. Affrs. RC (PHi: Franklin Papers). Written and signed by Lovell. 1 See Committee for Foreign Affairs to Franklin, July 16, 1779, notes 3 and 4.

John Fell's Diary

Thursday 14th Octr [1779] Coml Committee. Congress. Long debates about the title to be given the President of Congress whether Excellency or Honor(1) and the filling up the Secretary Commission. Dr Wetherspoon not in Congress, State not Represented.(2) P. M. Marine Committee. MS (DLC). 1 Although the journals contain no mention of these "long debates," the president of Congress continued to be addressed "Excellency." 2 Fell's observation indicates that William Churchill Houston and Nathaniel Scudder were also absent at this time, as New Jersey required the presence of "any two" delegates for a quorum. Scudder had last voted on September 17, Houston on October 6. JCC, 15:1074, 1148.

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Samuel Holten's Diary

[October 14-15, 1779] 14. Thursday. Congress agreed to recommend to the states the 2d Thursday of Decr. next, for a day of thanksgiving. 15. Friday. I wrote to the Council of Massa Bay.(1) I attendd. the tryal of the Spanish vessels.(2) MS (MDaAr). 1 See Holten to the Massachusetts Council, October 15, 1779. 2 Holten is undoubtedly referring to the appeals in the cases of the Spanish ships Valenciano and Holy Martyrs from the Massachusetts Admiralty Court to Congress which had been referred to the Committee on Appeals on October 9. For further information on these cases, see John Jay to Conrad Alexandre Gerard, April 25 and May 24; and Committee on Appeals Decree, November 1 and 6, 1779.

Samuel Huntington to John Sullivan

Sir Philada October 14th 1779 Your letter of the 2d & instant to the President of Congress have been duly received.(1) I have the Pleasure to communicate an Act of Congress of this day herewith enclos'd, expressing their thanks to yourself & the other brave Officers & Soldiers under your Command for effectually executing the important expediton against such of the indian Nations as encouraged by the Councils & conducted by the Officers of his Brittanic Majesty had perfidiously waged an unprovoked & cruel war against these United States. I am Sir with Esteem & regard, yours &c. S.H. President LB (DNA: PCC, item 14). 1 The letter whose date Huntington left blank was undoubtedly Sullivan's long September 28 letter to Washington written from the frontier post Chemung, "giving an account of his successful expedition against the hostile Indians," which Washington had enclosed in his letter to Congress of October 9, received this day. It was this letter that inspired the resolution Huntington enclosed to Sullivan expressing Congress' thanks for his recent expedition against the Indians. See JCC, 15:1169 70; and PCC item 152, 8:81-102. For Sullivan's letter of October 2, see Huntington to Philip Schuyler, October 12, 1779, note. It should be noted, however, that Sullivan had also written directly to Congress on September 30, and that that letter had been received on October 5. See JCC, 15:1146; PCC, item 160, fols. 302 17; and Sullivan, Letters (Hammond), 3:123 37.

Samuel Huntington to George Washington

Sir, Philadelphia Octor 14th. 1779 I am honoured with your Excellency's favours of the 7th & 9th Instant with their Several enclosures.(1)

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By the Act of Congress of this day herewith enclosd you will receive their Thanks for directing the important Expedition which hath been so Effectually executed by General Sullivan & the Brave Officers & Soldiers under his Command. Be assured Sir it is with pleasure I have the honour of Communicating to your Excellency the continued approbation & Thanks of Congress on account of your eminent & unremitting Services in the Cause of your Country, And that I am with the highest Sentiments of Esteem and regard your humble Servt, Saml. Huntington President RC (DLC: Washington Papers). 1 For Washington's October 9 letter to Congress, enclosing several documents concerning John Sullivan's expedition against the Indians, See JCC, 15:1169; PCC, item 152, 8:81 116; and Washington, Writings (Fitzpatrick), 16:440 41. But no letter of the seventh from Washington to Congress or to Huntington has been found. He did write a brief October 7 letter to the Marine Committee (a draft of which is in the Washington Papers, DLC), introducing a pilot "intimately acquainted with the passage of Hell Gate," who might be of use to the comte d'Estaing, and Huntington may have passed this on the to committee, although no mention of it is found in the journals .

John Jay to James Duane

Dear Sir Pha. 14 Octr 1779 Your obliging Favor by Mr. Phelps has remained thus long unanswered because till very lately I promised myself the Pleasure of seeing you, but that has now become very improbable as we expect to sail in a few Days. Your Reelection and Consent to Return to Congress are Circumstances which I consider as fortunate (in the present Situation of our State). Your intimate acquaintance with our Controversies respecting Jurisdiction will not only enable you but your Colleagues to render the State very important Services. I hope the Train in which I shall leave these Matters meets with your Approbation, and I assure you it will give me very sensible Pleasure to hear of their being drawn to a Conclusion satisfactory to New York. The sooner you take your Seat, in my opinion the better various Considerations, which will readily occur to you point out the Propriety of this Measure. The State will be unrepresented after Tomorrow. Mr. Scot I am told will soon be here. I hope you will bring Floyd & L Homedieu with you. Morris it seems is not in the Delegation & I regret it. He would have been useful and particularly in the Vermont Business with Respect to which you are so circumstanced,(1) as to be less serviceable on the Floor than on other occasions. If there be any Services in my Power to render you abroad, be pleased to command them. A Line for you will accompany all my

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public Letters, and you will oblige me by a constant Correspondence. With the best wishes for your Health & Happiness, I am Dear Sir, your most obt Servt. [P. S.] My Respects to Mrs. Duane & all the Family.(2) FC (NNC: Jay Papers). In the hand of John Jay. 1 Jay may have been referring to Duane's substantial landholdings in Vermont, which like other New York claims in that region, were jeopardized by Vermont's assertion of independence. See Edward P. Alexander, A Revolutionary Conservative: James Duane of New York (New York: Columbia University Press, 1938), pp. 120-21. 2 Jay also wrote a brief letter this day to George Washington, acknowledging Washington's letter of October 7 and paying his respects before going abroad. Jay Papers, NNC.

James Lovell to John Adams

Dear Sir Octr. 14 -79 I inclose to you a Peice of Intelligence perhaps altogether new. The uti possidetis offered by Spain will appear alarming perhaps to some but we are told She acted upon full Knowledge that King George the 3d of England had sworn in his Cabinet that he would not acknowledge our Independence. Spain at least knew that we would never enter into any commercial Treaty without a total relinquishment of the 13 States by Britain. I am glad her offer was rejected. I own I do not like such Experiments. I do not see how you and the others lately elected to Missions from hence will get immediate Supply but by the Way of Doctr. F____(1) to whom a Promise will be made of speedy Repayment and also of the Establishment of Funds directly for the Purpose of supporting all Embassies from the United States. I will give you an Account of the Decision upon a Report to be made Tomorrow morning.(2) Yrs. affectionately J.L. RC (MHi: Adams Papers). 1 On October 15 Congress resolved to instruct Benjamin Franklin "to take the most effectual means for supplying the Ministers appointed to treat with his Catholic Majesty and with his Britannic Majesty and their Secretaries with two thousand Louis d'ores to be distributed in proportion to their respective salaries, and giving the strongest assurances . . . that Congress will immediately take measures for replacing the said sum, as well as for establishing a fund in Europe for the future support of all the Embassies from these States."JCC, 15:1179-80. 2 See Lovell to Adams, October 19, 1779.

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James Lovell to Arthur Lee

Dear Sir private Oct 14th. 1779 Mr. Bonfield on the 30th of June & 22d of July wrote to us (1) and forwarded many Letters from you one only of which was new.(2) A Letter of May 31 which was read in Congress Oct 13th and produced an Entry somewhat paliative in regard to the Doings of Sept. 27.(3) I know not whether you was in France at the Time Mr. Bonfield wrote. I had been hoping that you would finish yr. Commission in Spain before Mr. Jay's Voyage could be compleated. The late Conduct of the Court of Madrid seemed to give a fair opening for it. I lament the Length of Time between the Dates & Receipt of yr. Letters. I was sure that if you found your Ability to serve us to be in fact impaired by the malignant Proceeding of Deane & the unbecoming Tameness of those who ought to have shewn themselves the Patrons & Guardians of yr. Honor, you would tell us so, and make way for a Successor. Your Letter of May 31st was listened to with gravity, and commented upon with Approbation as well by former Cons as by constant Pros. Mercer owned he conceived new Ideas of you, and he looked Repentance. He has a curious Correspondent, a Brother(4) of the same name in France who is very ready wth his Opinions on Our Affairs there. I would have you know his real Business. It has been hinted to me that he is in Pay as a Spy upon our Agents at Court.(5) I cannot but hope to find you very speedily in America & think it highly interesting to yr. Suit that you should be on the Spot. The Circumstance of yr having only 3 Months allowed after yr. Recall may prevent you from waiting the Arrival of the Confederacy with Mr. Gerard &c. I have therefore covered to Mr. Bondfield & Mr. Schweighauser what is for you of Importance by that Opportunity which is expected to sail in a very few Days. I really cannot send Copies of the many Sheets put up to go by her. Doctr. Shippens Family are in Health. Your Friends in Virginia were so Sepr. 25th. Your affectionate humble Servant, J. L. RC (MH-H: Lee Papers). 1 John Bondfield's June 30 and July 22 letters were read in Congress on October 11, 1779. See JCC, 15:1161; and PCC, item 92, fols. 429-35. 2 According to the journals, letters from Lee of April 22 and 26, May 21, and June 21 to the Committee for Foreign Affairs were also read in Congress on October 11. PCC, item 83, 2:172 75, 224- 27, 260-67, 272 - 75; and Wharton, Diplomatic Correspondence, 3:131, 138, 171-74, 229. Lee's June 21 letter was actually directed to President Jay rather than to the committee. 3 See Committee for Foreign Affairs to Arthur Lee, October 13, 1779, note. 4 That is, George Mercer, brother of James and former Stamp Act distributor in Virginia. Louis W. Potts, Arthur Lee: A Virtuous Revolutionary (Baton Rouge: Louisiana State University Press, 1981), pp. 40-41, 81.

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5 Lovell also sent a second copy of this letter to Arthur, which is marked "Duplicate AL" on the cover. The first two paragraphs, which he significantly revised when copying it, contain additional information and read as follows. "By Letters from Mr. Bonfield of the 30th of June and 22d of July I do not discover that you were gone to Spain as has been reported, nor do I know by them that you were yet in France. A Copy of yr. Letter to the Presidt. of Congress to which the inclosed Resolve refers, has come to hand dated June 5th from Paris. I had been hoping that the late Turn in the affairs of Spain would have been embraced by you so far as that you would gain an Acknowledgement of us openly if not conclude a Treaty, before Mr. Jay could perform his Voyage. "Many Things have concurred to give force to the Schemes of yr. inveterate Foe. But I lament most of all the Length of Time between the Dates and Receipt of yr. Letters. The principle on which you asked to be recalled May 31 st governed the Votes of some good men in the Business of appointing a Minister Plenipotentiary in Lieu of a Commissioner, and in their consequent Ballot, while others went on fas aut nefas. Some of the Delegates of Virginia have conceived as they say new Ideas of you from yr. Letter, particularly Mr. Mercer who has a curious Correspondent near our Plenipo at Paris. I Pray you to get and bring with you accurate accounts of the real Business of that Correspondent at this Time in France. He is Brother of the Delegate of the Same Name. I am told he is a Spy on our affairs." bMS Am 811.5, MH-H.

John Armstrong, Sr., to George Washington

Dear General Philada. 15th Octobr. 1779. The Counts expected approach to these Shores begins to be thought tedious, but the lodgment of the Enemy to the South being in two places considerably distant from each other, I'm persuaded no time has yet elapsed wherein we cou'd reasonably look for an Official account of that event. A letter from Hampdon of the 9th Inst. asserts the certainty of a compleat Capture of Provosts [Prevost's] Army & various Vessels &c. which however doubted by many I'm inclined to think favourably of as our late Southerly winds might give a quick passage to that intelligence. You know Sir that the present moment however premature will create military Speculation-Some that a great Post or two will fall, Others that it's impossible otherwise than by Starving, or at least that the Sacrifice must be too great-Again-the attack must be general and uniform by Land & Water &c &c. I dare not with so imperfect knowledge of the situation &c. form an Idea of either a general or particular Rule in a great effort, but pray god to form & determine for you, but confess the Idea of piece-male work Strikes me as naturally as any other, that is the Operation of the Fleet upon that of the Enemies-first removing out of the way Such batterries as may be practicable & by which the inbound passage of the Shiping may be much Obstructed. So much for guess work. A Sufficient Supply of Provisions and ammunition are important points, the former very clearly and Seasonably pointed out by your Excellency which from the distance and Small Stock on hand requires faithfull attention. I am much pleased that Governor Ried will command his Own Militia. (1)

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It has not been in my power with any degree of facility, yet to get on the farther Subsistance for the General Officers of the Army, but a good foundation is laid for it, and a Short time will bring it on I hope to their Satisfaction without the necessity of a memorial.(2) A farther provision for the Surgeons of the Hospital, has been already committed and will probably soon be reported. Mr. Gerard & Mr. Jay sets out in two or three days-preparations for foreign Courts & the revision of Some points formerly determined, has of late much engrossed the attention of Congress, in which I cannot but apprehend that rather hard measure has fallen to the Lot of Dr Lee. The Late appointment of Mr. John Adams may Serve as a Spunge to wipe of the Stain of culpable neglect-a tryal this Sufficient in my Opinion to all that gentlemans gravity and plain brown hair. 22. Permit me to recommend to the honor of yr. Excellencies acquaintance my good hibernian friend Doctor Shiell, and thro' your farther polite offices to the General Officers of the Pennsylvania Line, to whom at present I cannot write. The Doctor is a Young Gentleman of liberal Sentiments & education possessed of a handsome fortune, a warm Whigg & a man of Sense. I am now leaving Congress having exerted the last dregs of any remaining talent I had under various impediments.(3) Finance, (for which I never had any talent) is the only present ghost that Stares every honest man in the face. Taxation, altho' the radical means of appreciation as well as of the payment of publick debt, is a remedy too remote for our Support. The disease has ran too long to be overtaken by any common cure. A general regulation of prices by Law is said to be impracticable. I have therefore wished to throw out some higher inducement to money holders on lone than any yet offered rather than the Ship Shou'd get aground, but a large majority thought the present offers sufficient to procure all we shou'd want untill supplyed by Tax. The expectation is futile & without political foundation. I presume however that some new push will be made for a foreign Loan. Retrenchment of expences is in it's place highly necessary & Sooner or later a great Share of the burthen of such a plan is likely to fall upon you, which rather ought to be done by others. I shall take the liberty of amusing you a moment in reading the inclosed,(4) only because it is the clearest account of the occasions of the late misfortune at Penobscot that has yet reached this place, and as likely to be true. Major Armstrong on that occasion has been indulging young ambition in following that Army, I suppose with Jacksons Regimt. and probably without the approbation of Genl. Gates, until the wiser winds corrected the error. I am with perfect respect & every wish for your Safety & Success- Your Excellency's Most Obedient humbl. Servt. John Armstrong [P.S.] I had the pleasure of your Obligeing letter, and perfectly Satisfied with you Say on the Subject in Berkley.(5)

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RC (DLC: Washington Papers). 1 In response to Washington's call in August for turning out the militia, in anticipation of d'Estaing's arrival and joint Franco-American operations in the middle states, Pres. Joseph Reed had turned over the chair of the Pennsylvania Council to Vice President William Moore and assumed personal command of the state's militia then rendezvousing at Trenton, NJ. 2 Congress had received numerous complaints from Continental officers concerning erosion of their finances by the devastating depreciation of the Continental dollar, and on August 18 had increased monthly subsistence rates for most of the Continental Army. See John Jay to Washington, August 20, 1779, note 1. Because no adjustment had been made for generals and some staff officers, however, a committee was appointed on October 19 "to take into consideration what allowance ought to be made to the officers . . . to whom the provision . . . of the 18th of August last doth not extend," and almost as Armstrong was writing this letter to Washington a petition for the relief of general officers was in preparation. This document was eventually signed by 27 Continental generals and was referred on November 18 to the same committee, then consisting of Gouverneur Morris, Jesse Root, and Philip Schuyler (who had replaced Samuel J. Atlee, resigned). See JCC, 15:1188,1274, 1286; PCC, item 21, fols. 217 18; and Philip Schuyler to Washington, November 18, 1779, note 3. 3 Armstrong left Philadelphia at about this time for his home in Carlisle and did not return to his seat in Congress until the following May. His accounts with the state of Pennsylvania, dated October 4 and 14, 1779, indicate that he claimed compensation for service in Congress during 1779 from February 18 through October 20, including travel time to and from Philadelphia. Gratz Collection, PHi. During the next several months, Armstrong continued to write of congressional affairs to Washington and other correspondents, and extracts from six of these letters were printed by Edmund C. Burnett in his edition of delegate correspondence. The first of these, printed here in its entirety, is dated "Carlisle 30th October. 1779," and is addressed to Gen. William Irvine, an old friend and Carlisle resident. "Dear General, A Cold joined to a late hour disenables me to say more at present than that I reached home about a Week ago And found Mrs. Irvine & Children, with my own Family also in usual health-and that I beg you will favour me with a line on the prospects of an investiture of New York, which by the way I consider through the unexpected Stay of the Count & many other circumstances, as abortive for this Season. "Before this time I hope farther provision is made for the Subsistance of the General Officers of the Army, which at leaving Congress I impressed on the minds of Some members who promised Suddenly to have it on the Carpit, and to which I think there wou'd be no Oppossion. If any uneasiness shou'd arise to you, my advice Still is that you write either to Congress directing to the President, or to the Board of War-mentioning only the facts & your confidence that justice will be done you. My Compliments to Coll Hay. I am dear General Sincerely Yours, John Armstrong. "Wheat £15 per Bushel-Indian Corn 9 pounds &c. "I suppose Doctor Shiell, lately from Dublin will Visit the Camp, give me leave to recommend him to your particular notice. He is a Gentleman-A Genuine Whigg & a Man of very good Sense & breeding." Irvine Papers, PHi. Abstracts of other "nondelegate" letters from Armstrong during this interval at home will be printed below under the dates December 15, 1779, January 12 and 24, February 16, and March 15, 1780. Another such letter, to Joseph Reed, dated November 27,1779, in which Armstrong, hoping to retire, expressed disappointment that he had not been left off the new slate of delegates to Congress selected by the Pennsylvania Assembly on November 12, is in Pa. Archives, 1st ser. 8:31 32. 4 A copy of an August 30 letter from his son, Maj. John Armstrong, Jr., an aide to Gen. Horatio Gates. Young Armstrong had accompanied the Massachusetts expedition to Penobscot, but contrary winds had prevented his ship from reaching its destination until after the expedition had been dispersed by the British, affording him an

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opportunity to query the retreating American forces and assessing the causes of their failure. 5 For the meaning of this allusion to Armstrong's interest in acquiring a tract of land in Berkeley County, Va., see Armstrong to Washington, June 29, 1779, note.

John Fell's Diary

Friday 15th Octor. [1779] Coml Committee. Congress. Mr Jay requested leave for Lt Coll Livingston to go with him to Spain, a furloe was granted for 12 Months. (1) Marine Committee. MS (DLC). 1 See Jay to Samuel Huntington, this date.

Samuel Holten to the Massachusetts Council

Sir. Philadelphia Octr. 15th. 1779. The inclosed address, from the Legislative-Council & General Assembly of the State of New-Jersey, came to hand a few days since; (1) which I do myself the honor to transmit; the representation made to Congress therein mentioned, respecting the Utility (&c) of the measure is now under consideration of a Committee of twelve, being a member from each State. The late application from the honble. Board to Congress, respecting the Penobscot affair, is referred to a committee. Yesterday Congress agreed to recommend to the several states to set apart the 2d Thursday in Decr. next, for a day of public thanksgiving throughout the united states.(2) Congress have received no intelligence (to be depended upon) from the Southern Army, or the Count De Estaign, since my last, but are daily expecting news of importance from that quarter. I have the Honor to be with the greatest respect, Sir, your most obedient servant, S. Holten RC (M-Ar: Revolutionary War Letters). Addressed: "The Honorable, The President of the Council of Massa. Bay." 1 See John Fell's Diary, October 11, 1779. 2 See Samuel Huntington to the States, October 20, 1779.

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John Jay to Samuel Huntington

Sir Philadelphia 15 Octr. 1779 Governor Livingston having consented that his Son whom Congress have honored with the Commission of Lt. Colonel, should go with me to Spain, I join with him in requesting the Favor of Congress to grant him their Permission.(1) I have the Honor to be with great Respect & Esteem, Your Excellencys most obedt Servt. John Jay (2) RC (DNA: PCC, item 78). 1 Congress immediately complied with Jay's request, granting his brother-in-law Henry Brockholst Livingston a twelve-month leave of absence from the Continental Army to continue his employment as Jay's secretary. JCC, 15:1173. President Huntington's October 15 letter to Livingston enclosing this resolve is in PCC, item 14, fol. 208. 2 This is the last Jay letter printed in this edition of delegate correspondence. For two letters touching on congressional affairs, which he wrote on board the Confederacy just before weighing anchor for his voyage to Spain, see his letters of October 25 to George Clinton and to Robert R. Livingston in Jay, Papers (Morris), pp. 659-66. To Governor Clinton, he recommended that New York more vigorously press its claims to Indian lands, and to Livingston he sent a cipher, which is discussed at length by the editors of Jay's papers, to facilitate their correspondence while he was abroad.

John Fell's Diary

Saturday. October 16th [1779]. Coml Committee. Congress. After the dispatches &c were read, Congress went in to a Committee of the whole on a Report for obtaining a Loan for 5 Million of Dollars and having the same sold in Bills of Exchange or laid out in the Purchase of Goods to be disposed of by order of Congress, with a long train of Commissioners &c. (1) After debate adjournd. MS (DLC). 1 The ways and means committee's October 15 report, which recommended that "a credit" be obtained "at the Courts of Versailles and Madrid" for the purchase of $5 million of merchandise for resale in the United States by commissioners appointed by Congress, was rejected by the committee of the whole on October 19. See JCC, 15:1174-77, 1181, 1186-87; and Fell's Diary, October 18 and 19, 1779.

Samuel Holten's Diary

Octr. 16. 1779 Saturday. We have a report that the enemy in Georgia are all made prisoners. MS (MDaAr).

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Samuel Huntington to John Adams

Sir, [October 16, 1779] You will herewith receive a commission giving you full power to negotiate a treaty of peace with Great Britain, (1) in doing which you will conform to the following information & instructions.(2) First. The United states are sincerely desirous of peace and wish by every means consistent with their dignity and safety to spare the further effusion of blood. They have therefore by your commission and these instructions laboured to remove the obstacles to that event before the enemy have evidenced their disposition for it. But as the great object of the present defensive war on the part of the allies is to establish the independence of the united states, and as any treaty, whereby this end cannot be obtained, must be only ostensible and illusory, you are therefore to make it a preliminary article to any negotiation, That Great Britain shall agree to treat with the united states as Sovereign, free and independent. Secondly. You Shall take especial care also, that the independence of the said States be effectually assured and confirmed by the treaty or treaties of peace, according to the form and effect of the treaty of alliance with his most Christian Majesty; & you shall not agree to such treaty or treaties, unless the same be thereby so assured and confirmed. Thirdly. The boundaries of these states are as follows viz, These States are bounded, North, by a line to be drawn from the Northwest angle of Nova Scotia along the highlands, which divide those rivers which empty themselves into the river St. Lawrence from those which fall into the Atlantic Ocean, to the northwestermost head of Connecticut river, thence down along the middle of that river to the forty fifth degree of North latitude, thence due west in the latitude forty five degrees north from the equator to the Northwestermost side of the river St. Lawrence or Cadaraqui, thence straight to the south end of lake Nipissing, and thence straight to the source of the river Mississippi; West, by a line to be drawn along the middle of the river Mississippi from its source to where the said line shall intersect the thirty first degree of North latitude: South, by a line to be drawn due east from the termination of the line last mentioned in the latitude of thirty one degrees north from the equator to the middle of the river Appalachicola or Catahouchi, thence along the middle thereof to its junction with the Flint river, thence straight to the head of St Mary's river and thence down along the middle of St. Mary's river to the Atlantic Ocean: and East, by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy; comprehending all islands within twenty leagues of any part of the shores of the United states and lying between lines to be drawn due east from the points where the aforesaid boundaries

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between Nova Scotia on the one part and East Florida on the other part shall respectively touch the bay of Fundy and Atlantic Ocean. You are therefore strongly to contend that the whole of the said countries and islands Iying within the boundaries aforesaid and every citadel, fort, post, place, harbour and road to them belonging be absolutely evacuated by the land and sea forces of his Britannic Majesty and yielded to the powers of the states to which they respectively belong, in such situation as they may be, at the termination of the war. But notwithstanding the clear right of these states and the importance of the object, yet they are so much influenced by the dictates of religion and humanity and so desirous of complying with the earnest requests of their allies, that if the line to be drawn from the mouth of the lake Nipissing to the head of the Mississippi cannot be obtained without continuing the war for that purpose, you are hereby empowered to agree to some other line between that point and the river Mississippi, provided the same shall in no part thereof be to the southward of latitude forty five degrees north: And in like manner, if the eastern boundary above described cannot be obtained you are hereby empowered to agree, that the same shall be afterwards adjusted by commissioners to be duly appointed for that purpose according to such line as shall be by them settled and agreed on as the boundary between that part of the State of Massachusetts bay formerly called the province of Maine and the colony of Nova Scotia agreeably to their respective rights: And you may also consent that the enemy shall destroy such fortifications as they may have erected. Fourthly. Although it is of the utmost importance to the peace and commerce of the united states, that Canada and Nova Scotia should be ceded and more particularly that their equal common right to the fisheries should be guarantied to them, yet a desire of terminating the war hath induced us not to make the acquisition of these objects an ultimatum on the present occasion. Fifthly. You are empowered to agree to a cessation of hostilities during the negotiation, provided our ally shall consent to the same, and provided it shall be stipulated that all the forces of the enemy shall be immediately withdrawn from the United States. Sixthly. In all other matters not abovementioned you are to govern yourself by the alliance between his most Christian Majesty and these states; by the advice of our allies; by your knowledge of our interests, and by your own discretion, in which we repose the fullest confidence. Done at Philadelphia this sixteenth day of October in the year of our Lord one thousand seven hundred and seventy nine and in the fourth year of our Independence. By the Congress of the united states of America, Saml. Huntington President Attest, Chas Thomson secy. RC (MHi: Adams Papers). Written and attested by Charles Thomson, and signed by Huntington. Addressed: "The honble John Adams esq minister plenipotentiary appointed to negotiate a treaty of peace."

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1 Adams had been named "minister plenipotentiary for negotiating a treaty of peace and a treaty of commerce with Great Britain" on September 27.JCC, 15:1113. For his commissions and the related documents that were transmitted to him a few days later, see Huntington to Adams, October 20, 1779. 2 For the origin of these instructions, which were drafted before August 14 by Gouverneur Morris as chairman of a committee appointed to formulate a response to Spain's offer to mediate a peace with Britain, See JCC, 14:955-60; and PCC, item 25, 1:147-49. See also the following entry.

Samuel Huntington to John Adams

Sir, [October 16, 1779] You will herewith receive a commission giving you full power to negotiate a treaty of Commerce with Great Britain,(1) in doing which you will consider yourself bound by the following information and instructions.(2) First. You will govern yourself principally by the treaty of Commerce with his most Christian Majesty; and as on the one hand, you shall grant no privilege to Great Britain not granted by that treaty to France, so on the other, you shall not consent to any peculiar restrictions or limitations whatever in favour of Great Britain. Secondly. In Order that you may be the better able to act with propriety on this occasion, it is necessary for you to know that we have determined. 1st. That the common right of fishing shall in no case be given up. 2. That it is essential to the welfare of all these United States, that the inhabitants thereof, at the expiration of the war should continue to enjoy the free and undisturbed exercise of their common right to fish on the bank of Newfoundland and the other fishing banks and seas of North America preserving inviolate the treaties between France and the said States. 3. That application shall be made to his most Christian Majesty to agree to some article or articles for the better securing to these States a share in the said fisheries. 4. That if after a treaty of peace with Great Britain, she shall molest the citizens or inhabitants of any of the united States in taking fish on the banks and places herein after described, such molestation, being in our Opinion a direct violation and breach of the peace, shall be a common cause of the said states and the force of the union be exerted to obtain redress for the parties injured. And 5. That our faith be pledged to the several states, that without their unanimous consent no treaty of commerce shall be entered into, nor any trade or commerce whatever carried on with Great Britain without the explicit stipulation herein after mentioned. You are therefore not to consent to any treaty of commerce with Great Britain without an explicit stipulation on her part not to molest or disturb the inhabitants of the united states of America in taking fish on the banks of Newfoundland and other fisheries in the American seas anywhere, excepting within the distance of three leagues of the shores

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of the territories remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation: And in the negotiation you are to exert your most strenuous endeavours to obtain a nearer distance in the gulf of St Lawrence and particularly along the shores of Nova Scotia, as to which latter, we are desirous that even the shores may be occasionally used for the purpose of carrying on the fisheries by the inhabitants of these states. Thirdly. In all other matters you are to govern yourself by your own discretion as shall be most for the interest of these States, taking care that the said treaty be founded on principles of equality and reciprocity so as to conduce to the mutual advantage of both nations, but not to the exclusion of others. Done at Philadelphia this sixteenth day of Octr. in the year of our Lord one thousand seven hundred and seventy nine and in the fourth year of our Independence. By the Congress of the united states of America, Saml. Huntington President Attest, Chas Thomson secy. RC (MHi: Adams Papers). Written and attested by Charles Thomson, and signed by Huntington. Addressed: "The honble John Adams esqr minister plenipotentiary appointed to negotiate a treaty of Commerce with Great Britain." 1 Adams had been named "minister plenipotentiary for negotiating a treaty of peace and a treaty of commerce with Great Britain" on September 27. JCC, 15:1113. For his commissions and the related documents that were transmitted to him a few days later, see Huntington to Adams, October 20, 1779. 2 For the origin of these instructions, which were drafted by Gouverneur Morris as chairman of a committee appointed to formulate a response to Spain's offer to mediate a peace with Britain, See JCC, 14:955 56, 960 62; and PCC, item 25, 1:149-51. See also the preceding entry.

Samuel Huntington to Benjamin Franklin

Sir, Philadelphia Octr. 16. 1779.(1) Congress have appointed the honble. John Jay esq minister plenipotentiary for negotiating a treaty of amity and commerce and of alliance between his Catholic Majesty and the united states of America. And the honble. John Adams esqr. Minister plenipotentiary for negotiating a treaty of peace and a treaty of commerce with Great Britain. The honble. William Carmichael esqr. is appointed secretary to the first and the honble Francis Dana esqr secretary to the last mentioned embassy. Mr Jay and Mr Carmichael will embark on board the Confederacy, continental ship of war now in the Delaware ready to sail for France. Mr Adams and Mr Dana will probably take their passage on board Le Sensible, one of his most Christian Majesty's frigates in the harbour of Boston.

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The salaries annexed to these appointments respectively are two thousand five hundred pounds Sterling per annum to the ministers and one thousand pounds sterling to the secretaries. As in order to enable th[ese] gentlemen to enter without embarrassment upon the duties of their several functions, I am authorized by an Act of Congress of the 15 instant, a certified copy of which will accompany this, to request you Sir, to take the most effectual means for supplying them with two thousand Louis d'ors in distributions proportioned to their respective salaries and to assure you on the faith of Congress that speedy and proper measures will be adopted both for repaying that sum and for establishing a fund for the future support of all the embassies of these united states in Europe.(2) You will likewise find enclosed a certified copy of an act of Congress of the 4th instant,(3) by which you will be informed that your Salary is also to be two thousand five hundred pounds sterling per annum, and that John Laurens esqr. a member of the house of representatives for the state of South Carolina and lieut col. in the army of the United states is appointed by Congress to be secretary to the minister plenipotentiary at the court of France.(4) I have the honour to be, Sr., Your obedient humble Servt, Saml Huntington President RC (DLC: Franklin Papers). In the hand of Charles Thomson and signed by Huntington . 1 For the preparation of this letter, which was drafted by Henry Laurens as chairman of a committee originally appointed on October 13 to prepare instructions for John Jay, minister plenipotentiary for negotiating with Spain, see PCC, item 25, 1:163 66; and JCC, 15:1167-68, 1178 83. 2 See JCC, 15: 1179-83. 3 JCC, 15:1143 46. The extract from the journals of this resolve which Charles Thomson actually enclosed for Franklin was misdated October 5, 1779. Franklin Papers, DLC. 4 See Huntington to John Laurens, October 2, 1779.

Samuel Huntington to John Jay

Sir, [October 16, 1779](1) By the treaties subsisting between his most Christian Majesty and the united states of America, a power is reserved to his Catholic Majesty to accede to the said treaties & to participate in their stipulations at such time as he shall judge proper, it being well understood nevertheless, that if any of the stipulations of the said treaties are not agreeable to the king of Spain, his Catholic Majesty may propose other conditions analogous to the principal aim of the alliance and conformable to the rules of equality, reciprocity and friendship. Congress is sensible of the friendly regard to these states manifested by hi, Most Christian Majesty in reserving a power to his Catholic

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Majesty of acceding to the alliance entered into between his Most Christian Majesty and these united states; And therefore that nothing may be wanting on their part to facilitate the views of his Most Christian Majesty and to obtain a treaty of alliance and of amity and commerce with his catholic Majesty, have thought proper to anticipate any propositions which his Catholic Majesty might make on that subject by yielding up to him those objects which they conclude he may have principally in view, and for that purpose have come to the following resolution, "That if his Catholic Majesty shall accede to the said treaties and in concurrence with France and the united states of America continue the present war with Great Britain for the purpose expressed in the treaties aforesaid, he shall not thereby be precluded from securing to himself the Floridas; on the contrary if he shall obtain the Floridas from great Britain, these united states will guaranty the same to his catholic Majesty; provided always that the united states shall enjoy the free navigation of the river Mississippi into and from the sea." You are therefore to communicate to his most Christian Majesty the desire of Congress to enter into a treaty of alliance and of Amity and commerce with his Catholic Majesty and to request his favourable interposition for that purpose; At the same time you are to make such proposals to his Catholic Majesty as in your judgment, from circumstances will be proper for obtaining for the united states of America equal advantages with those, which are secured to them by the treaties with his most Christian Majesty, observing always the resolution aforesaid as the ultimatum of these united states. You are particularly to endeavour to obtain some convenient port or ports below the 31st degree of north latitude on the river Mississippi free for all merchant vessels, goods, wares and merchandizes belonging to the inhabitants of these states. The distressed state of our finances & the great depreciation of our paper money incline Congress to hope that his Catholic Majesty, if he shall conclude a treaty with these states, will be induced to lend them money; You are therefore to represent to him the great distress of these states on that account, and to solicit a loan of five million of dollars upon the best terms in your power not exceeding six per centum per annum, effectually to enable them to co-operate with the allies against the common enemy. But before you make any propositions to his Catholic Majesty for a loan, you are to endeavour to obtain a subsidy in consideration of the guaranty aforesaid. \ You are to use your utmost endeavours for obtaining permission for the citizens and inhabitants of these States to lade and take on board their vessels Salt at the island of Salt Tortuga; and also to cut, load and bring away Logwood and Mohogony in and from the bay of Hondurus and its rivers and to build on the shores storehouses and Magazines for the woodcutters and their families in the extent

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ceded to his Britannic Majesty by the seventeenth Article of the definitive treaty concluded at Paris the tenth day of February 1763 or in as great extent as can be obtained.(2) Given at Philadelphia this sixteenth day of October in the year of our Lord one thousand seven hundred and seventy nine and in the fourth year of our Independence, by the Congress of the united States of America. Saml Huntington President (3) Attest, Chas Thomson secy. RC (Privately owned original, 1974). Written and attested by Charles Thomson, and signed by Huntington. Addressed: "The honble John Jay minister plenipotentiary appointed to negotiate a treaty of Amity and Commerce and of alliance with his Catholic Majesty." Endorsed by Jay: "Instructions to John Jay, 16 Octr. 1779." 1 These instructions for negotiating with Spain, prepared by a committee consisting of Elbridge Gerry, John Mathews, and Meriwether Smith appointed on September 17, had already been developed in substance during a number of debates on foreign affairs the preceding six weeks. For the background of these debates see Henry Laurens' Notes on a Treaty, September 9 17, 1779, note 1. The first four paragraphs of instructions were apparently "agreed to" by Congress on September 28 (although Meriwether Smith's draft of them was endorsed by Charles Thomson "Instruction relative to Spain. Agreed to Sept. 20. 1779"), and the final paragraph was adopted on October 15. The documentary record pertaining to congressional policy toward Spain during this period is difficult to interpret, not only because Secretary Thomson maintained a record of congressional proceedings on foreign affairs only in his secret journals, but also because the modern printed edition of them is a composite of documents sometimes linked capriciously or even erroneously. In addition, Congress addressed the subject so sporadically from February to October that continuity in the debates is difficult to perceive, and few of the principal delegates involved in developing that policy were continuously in attendance the entire period of its formulation. Thanks to the survival of this text, however, there can be no doubt of the final instructions Jay actually received. For the origin and evolution of them, See JCC, 14:924-26, 937-38, 15:1041 43, 1046-48, 1080-85, 1118-20, 1140-41, 1168, 1179; and PCC, item 25, 1:325-28. See also the related instructions drafted by Meriwether Smith and endorsed by Thomson "Report of the comee. on Instructions to Minister plenipo. relative to Alliance with Spain. postponed," in PCC, item 25, 1:329 32; and JCC, 15:1120. 2 For the addition of this paragraph to Jay's instructions on October 15, See JCC, 15:1140-41, 1168, 1179. 3 For Jay's commission, "agreed to" on September 28, and the letter of credence, adopted on October 15, which were probably delivered with these instructions, see JCC, 15:1121, 1178-79; and PCC, item 25, 1:333-34.

James Lovell to Horatio Gates

Dear General Oct. 16. 79. I beg you to send on to the navy Board at Boston by the first Express or good private hand going that Way, the 4 Pacquets which will be delivered to you by Mr. Richmond. Two Boats are going from thence, immediately to France. Arthur Lee is at Liberty agreably to the Request of his Letter May 31st to return to America.(1)

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If the Disappointments in southern News had not been what you well know they have, I would now tell you that a North Carolina Colonel heard one of Govr. Caswell's Councellors 10 Days ago read a Letter from Govr. Rutledge informg. that all the Vessels in Beauport Harbour surrendered without Opposition to the Count Destaing, the Fort made a Resistance of an Hour & 50 Minutes but was then carried. The Count then proceeded to Savannah where, without any Resistance the Enemy surrendered at discretion. Your Lincoln was in such Positions that the Letter concluded not even a single Tory would escape, with all his Knowledge of the Passes. This same Coll. was told that the Spaniards had certainly taken St. Augustine . Perhaps I shall get the Bearer to convey to you a Journal of 1777. Your affectionate, humble Servant, James Lovell [P.S.] I had the Pleasure of knowing of yr. Health by Mr. Guild some Days ago & by Mr. McCullogh yesterday. RC (NHi: Gates Papers). 1 See Committee for Foreign Affairs to Arthur Lee, October 13, and Lovell to Arthur Lee, October 14, 1779.

Samuel Huntington to George Washington

Sir Philadelphia Octor 17th 1779 You will herewith receive enclosd a Memorial from two Officers Stediford & Bicker which Congress have referd to the Commander in Chief.(1) I am Sir with the greatest Respect your Excys. humble Servant, Saml Huntington President RC (DLC: Washington Papers). 1 Captains Garret Stediford and Henry Bicker,Jr., had been, respectively, regimental quartermaster and adjutant of the Third Pennsylvania Battalion when captured at the fall of Fort Washington in November 1776, and they had been unable to find suitable vacancies since their exchange in 1778. For Washington's disposition of their case, which he referred to Gen. Arthur St. Clair in a letter of December 21, suggesting that they be introduced "into the 4th. Pennsylvania Regt. under the Resolve of Congress of the 24th. Novemr. 1778," see Washington, Writings (Fitzpatrick), 17:82, 299.

Marine Committee to Seth Harding

Sir October 17th 1779 In addition to our Instructions of the 17th Ultimo which has been delivered to you, we now direct that you will receive on Board the Confederacy His Excellency John Jay Esquire, his Secretary, and

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family, whom you are to treat with all the respect due to his Character and on your passage you are to consult with him and Mr. Gerard and be governed by their Orders with respect to any occurrences which may happen and the port to which you are to proceed. We are sir, Your Hble Servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 This day the Marine Committee also sent the following brief letter to the Eastern Navy Board over the signature of chairman John Mathews. "We desire you will Consult with the Honble John Adams Esqr. respecting the Stores which are necessary for himself & his family on their passage to France which you are to provide and also such Accomodations as may be wanting on board the Frigate in which he is to embark." Adams Papers, MHi; and Paullin, Manne Committee Letters, 2:122-23.

to William Carmichael

Sir Philadelphia 18 Oct 1779 I enclose to you Copies of Some resolves respecting the examination of Accounts in Europe by Mr Johnston.(1) It appears to me to be a very undefined Sort of business, as it has been managed, both in respect to that Gentlemans attestation and recompence. Such as it is, I beg you would Communicate one of the copies to Dr Franklin, and one to Mr Johnston. Ask the Doctor to let certified Copies he sent to all who he knows ought to have them, as I shall only forward by other Opportunities a Number Sufficient to Secure arrival at his hands in case you Should be unfortunately obliged to throw your papers overboard. Deus Meliora. Your humble Servant, Signed James Lovell for the Com. for F. Affairs (2) FC (DNA: PCC, item 79). In a clerical hand. 1 Congress had appointed Joshua Johnson on September 29 "to examine the accounts of the several commissioners, commercial agents and others in Europe, entrusted with the public money of these United States."JCC, 15:1114 15, 1126. 2 Carmichael's October 25 reply to this letter, which is mistakenly identified as directed to the president of Congress, is in PCC, item 88, fol. 35 36; and Wharton, Diplomatic Correspondence, 3:393.

Committee of Commerce to John Ashmead

Commercial Committee of Congress Sir (1) Philadelphia 18th October 1779 You will proceed in the Eagle Packet with the utmost expedition to the Island of St. Eustatia, and there address yourself to Messrs. Curson and Gouverneur Agents for the United States, to whom you

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will deliver the Packets and letters directed to them,(2) together with the Cargo now on board. You will be careful before you leave the Delaware to have your Packets and Letters prepared for sinking, in case of imminent danger of their falling into the hands of the Enemy, which you are by no means to suffer. We have directed Messrs. Curson and Gouverneur to procure a Cargo for the Eagle on her return; as the principal article will be Gunpowder, we must recommend to your peculiar care to see it securely stowed. As the Winter Season is advancing you will make all possible dispatch so as to be here again before the severe weather setts in, but should it so happen that you are obliged to put into any other Port on this Continent, you are to advise this Committee thereof by Express. We recommend to you frugality during the course of this voyage, and wishing it may be a prosperous one, We are, Sir, Your friends & humble Servants, Fra. Lewis James Searle John Fell RC (Joseph G. Deering, Saco, Me., 1974). In the hand of Moses Young, and signed by Fell, Lewis, and Searle. 1 John Ashmead (1738-1818), a Philadelphia mariner, commanded the packet Eagle, which was owned by James Searle, a member of the Committee of Commerce and a signer of this letter. For the details of Ashmead's long career, including the loss of the Eagle on this voyage, see William Bell Clark, "The John Ashmead Story, 1738-1818," PMHB, 82 (January 1958): 3 54. 2 Not found.

John Fell's Diary

Monday the 18th Octr. [1779] Coml Committee. Congress. After the dispatches, went in to a Committee of the whole when the Loan was agreed to & some Persons Put in nomination, for Negotiating the Loan and a long debate about Importing the Goods. MS (DLC).

Samuel Huntington to Thomas Jefferson

Sir, Philada Octr 18th 1779 In answer to your letter of the 25th Septr last I have the honour of inclosing you an Act of Congress of this day.

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The board of War to whom your letter was referr'd apprehend great inconvenience from removing or separating the Convention troops and damage to the public in supplying them with wheat flour in the manner pointed out in your letter. As indian Flour is equally wholesome they must be contented with that unless the Commander in chief of the British Forces will supply them with Wheat flour in the Manner prescrib'd by Congress.(1) I am Sir, your Obedient hble Servant, S.H. President LB (DNA: PCC, item 14). 1 In his September 25 letter to Pres. John Jay, Governor Jefferson had explained that because of "various calamities" Virginia was experiencing a wheat shortage and would be unable to furnish the Convention troops at Charlottesville a normal allotment of flour "for the ensuing year." He therefore suggested that the Continental commissary general should plan to have the year's supply estimated at ten thousand barrels-shipped down the Chesapeake to Richmond. PCC, item 71, fols. 271 74; and Jefferson, Papers (Boyd), 2:93 94. For the Board of War's report on Jefferson's letter and the resolves Congress adopted this day in response, see PCC, item 147, 2:531 33; and JCC, 15:1185.

Henry Laurens to James Laurens

My Dear Brother.(1) Philadelphia 18th October 1779. I have reason to believe that few, if any, of your Letters to me within a Year & half last past have miscarried, I have received originals or Copies a great many during my residence in this State. You have been long & anxiously conjecturing upon the cause of silence on my side, I will tell you in a few words-my close attachment to the service of America has shut out every other consideration, I am as ignorant of the state of my private affairs in South Carolina as you are. You know as well as I do, that our worthy friends Mr. Manigault & Mr. Gervais act as my Attornies, & you also know as well as I do, what have been the products of my Estates, at what prices such products have sold, what Monies have been paid or received on my Account. I have not received a single Account in the course of near 2 1/2 Years. Another cause of my silence I believe has been a dread of having my Letters intercepted & published in all the News Papers of England & New York, a practice which was early adopted by both parties of the present contention-but neither public avocations nor any other consideration shall hinder me from embracing this favorable opportunity of paying my respects to you, chiefly to inform you that I am now on the point of returning to my own Country, where, if I continue to enjoy good health I will reassume the charge of your affairs & from whence you shall hear from me by every proper conveyance. Your Nephew Colonel Laurens, was well on the 7th Sepr & was then going towards Savanna to take a command. I expect every hour

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to hear from or of him, the intermediate moments will not pass altogether free from anxiety. I might, if it were proper, give you a long detail of American public affairs, but omission, appears to me to be best & safest at present, in general they wear an aspect which the most sanguine had no foresight or conception of in 1774. An aspect, which if Great Britain were truly informed of would induce her for her own sake & for the sake of humanity, to withdraw her forces & to spare the lives of her own subjects. Sound Policy would dictate, That it is high time, having a view to her own Interest only, to effect with the United States of America, a reconciliation according to the fashion of Independent Nations. Present me in the most affectionate terms to my Dear Sister & to my daughters, be assured that to bear the cruel seperation which I have experienced, requires all the fortitude I am possessed of, to bear it with perfect equanimity requires a degree of Stoicism which I am not possessed of. I am sometimes tempted, at all hazards, to make a Voyage to France & tis' far from impossible, I may carry this wish into effect before June next. My Dear Brother I pray God to bless & protect you, & I remain with the most sincere affection Your faithful freind & obedient servant. Henry Laurens RC (CSmH: HM 39005). Addressed: "Mr. James Laurens, at Nismes in France." 1 Laurens' brother James (1728 84), a retired Charleston, S.C., merchant, had moved to England in 1775 for the recovery of his health. Although this is the only surviving letter to James written by Laurens during his career as a delegate to Congress, their voluminous correspondence in earlier years can be followed in Henry Laurens, The Papers of Henry Laurens, ed. Philip M. Hamer et al. (Columbia: University of South Carolina Press, 1968 ).

Nathaniel Peabody to Josiah Bartlett

Dear Sir No. 12. (1) Philada. 18th Octobr. 1779. I have been honr'd with your kind favour of the 2d instant.(2) The information you have given me of the Enigmatical Conversation, & Conduct of the incomprehensible old Mr. D-p-t,(3) and the Diabolical Designs of the Hanoverian myrmidons, gives me Some uneasiness, however Can't Suspect that the old man is aiming by his ambiguity & Versatility to Circumvent those who are Justly intitled to every degree of Respect from him Short of Adoration. And as to the Faction I have nothing to fear from them, but the want of proper Courts Established, So that Law & Justice might be duly adminished in the County of Grafton. Mr. Lowell from Boston is now here upon Some meratime Causes and Gives it fully as his opinion that the first Grant must inevitably hold the Lands against all Subsequent Claims. I Should write you particularly respecting the Vermont affair but

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Suppose Genl. Whipple who is fully possesd of that affair, will personally give you every Necessary information upon that head. No official News here from Count D'Estaing Since the first account of his Comming on the Coast of S. Carolina tho, reports about Town are that he has wholly extirpated the British Troops & Tories in that Quarter of the world. I hope Soon to have this report Confirmed, that the way may be open for future Success. Monsrs Gerard, and Mr. Jay with their attendance this day left Philada. for Europe. I forget whether I have inform'd you that Mr. J. Adams of Boston was Elected Minister Plenipo. to Negociate Treaties of Peace & Commerce with G. B-n & Mr. Danna for his Secretary-Mr. Jay minister Plenipo. for the Court of Madrid, & Carmichael his Secretary & Col. John Laurence Secty to the Court of Versailles-the particulars of which I have forwarded to Genl. Whipple. These things are mostly upon the Secret Journals but if I had a Sure Conveyance would Transmit you many matters that might be agreable, & yet Safe when in your hands Tho you, as well as others, are not wholly exempted from Companions who if I am not mistaken are of Such a kind, benevolent and Religious Temper & Disposition, as to Embrace every opportunity, in giving friendly advise & intelligence, even to our Enemies! ! Youll please to observe, I dont Say you have a Man in your Secret Councils that is of Such a Religious Turn of mind. Some suspicions you & I formerly had of Certain Persons I think were not ill founded. Congress have Call'd for a Tax of 15 million dollars per month for nine months Commincing on the first of Feby Next & Ending in Ocr. in the apportioning of which among the Several States, by a Committee of which I had the honr. of being a member, with much difficulty the Quota of New-Hampr. was Reduced one hundred thousand dollars per Month below its former proportion. I am uncertain how much advantage it will be to the State-as what we overpay will be placed to our Credit on interest, on the Contrary Shall be Charged the interest of any Sum we may finally be found in arrears. Congress have recommen[d]ed the 2d Thursday in Decr. next to be observed as a day of Thanks giving throughout these States. I have the honor to inclose you the Copy of a Letter from Mr. J. A.(4) which will give the fullest acct. of the real Situation of Europe- last Spring or rather in the Summer. I think the letter was dated in July or Augt. 79-which I find is omitted in the Copy. Genl. Whipple has Carried a Copy with him So that it is very probable you may have read it before this reaches you, however as it Contains So many useful observations hope tho, late it will not be disagreable to you. My Knowledge of your prudence forbids the necessity of hinting that the aforementiond Letter is Transmitted in Confidence, & not to be made Public. I am Dear Sir, most Sincerly your obedt. Humle. Servt. Nath Peabody

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P.S. My best Complements to the Hond Committee & others. N.B. Pray excuse blunders as I have not time [to] read it much less to Copy. RC (NhD: Bartlett Papers). 1 Peabody's "No. 11" letter to Bartlett consists of the following brief note of October 12, 1779. "I recd. yours of the 25 ulto. [not found;] late last eveng-have not time to answer it by giving any intelligence, nor have I matter worth Communicating. I inclose Some News papers & Journals which may be sent you instead of a Sensible Letter." Bartlett Papers, NhD. 2 Not found. 3 Perhaps Joseph Davenport, who had earlier asked for the New Hampshire government's help in settling a land grant dispute in "the Towns of Landaff &c." N.H. State Papers, 8:609. 4 Peabody enclosed a copy of John Adams' lengthy August 4,1779, letter to Congress, on which he wrote the following covering note to Bartlett: "This Copy of a Letter which was writen to C g-s by the Same Mr. J. A. which wrote the Letter, from which I inclosed Some Extracts in my letter of the 7th ulto. to Col. Bartlett-is now humbly Transmitted to the Hone. M. Weare & J. Bartlett, (to be Communicated to Such only as they may Judge Expedient) by their Most obedt. Humble Servt. Nathl. Peabody. "N.B. I will not answer for the Correctness of this Copy as it was Copied by a boy & I have not fully Examined it. "Genl. Whipple has Carried forward a Copy &c." Bartlett Papers, NhD. See also Peabody to Bartlett, September 7, 1779, note 3.

John Fell's Diary

Tuesday l9th [October 1779]. Coml Committee. Congress. After the dispatches, went in to a Committee of the whole, when the Question was put abt Importing the Goods carried in the Negative Per a great Majority. (1) Afterwards a Printed Report of another Committee was read, (full of complexd Idieas) (2) Committe Rose and had leave to sett again. After some motions made in Congress Adjournd; Mr Huston came today.(3) PM Marine Committee. MS (DLC). 1 See Fell's Diary, October 16, note. 2 Fell is doubtless referring to the report of the committee on departments, which had originally been read on July 23 but was not taken up by the committee of the whole until October 18. Sixty copies of the intricate report had been printed for the use of Congress. See JCC, 14:872-80, 15:1186-87; PCC, item 39, 2:62; and Evans, Am. Bibliography, no. 16,632. For the May 28 appointment and subsequent work of the committee that drafted the report, see John Dickinson's Committee Notes, June 7, note 1; Dickinson's Proposed Resolutions, ante July 9; and Dickinson's Notes, ante July 23, 1779. This day Congress reached "no resolution" on departmental reform and postponed consideration until December 4 when it passed the plan to a new committee. Finally, on January 20, 1780, Congress assigned the whole matter to three commissioners, one of whom was to be a member of Congress, with instructions to cooperate

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with Washington and the heads of the departments in seeking retrenchments and making recommendations to Congress. JCC, 15: 1343, 1349, 16:75 - 77. 3 William Churchill Houston, who had been absent since at least October 14, for which see Fell's Diary of that date.

Woodbury Langdon to Meshech Weare

Sr. Philadelphia Octobr. the 19th. 1779 The circular Letter refered to in my last (1) I neglected to send at that time but have herein inclosed it, tho' you must have received one long ago from the President of Congress. Inclosed is also a Paper from the State of New Jersey which I am desired by the Delegates from that State to forward,(2) the Subject therein recommended is now before Congress but what will be the result of their deliberations thereon is very uncertain but I think it must be clear to every man for obvious reasons and late and repeated experience that it is very impolitic for any particular State to regulate Prices unless it becomes general throughout the united States and in determining that Question I hope that Wisdom & Prudence will direct. I have also inclosed the Journall of August and shall continue to forward them to you monthly for the future while I remain here, I shall send you the Journals from the date of those sent by General Whipple to the present time when they are ready and there is an oppertunity (they are not yet printed for part of the year 1777 & the whole of the year 1778). We have various favorable Accounts from the Southward of the French Fleet, but they do not yet come in such a way as to authorise me to give you the particulars, but hope to be able to do it in my next. The Fleet is dayly expected off New York and great preparations are made to joyn the Count de Estaing in such opperations as may be thought advisable to attempt. I have the honour to be with the utmost Respect, Your most obedient Humble Servt. Woodbury Langdon RC (Nh-Ar: Weare Papers). 1 See Langdon to Weare, October 12, 1779. 2 See John Fell's Diary, October 11, note; and Samuel Huntington to the States, November 22, 1779, note.

Henry Laurens to Jonathan Trumbull, Sr.

Dear Sir, Philadelphia l9th October 1779. Since the date of my last of the 26th September I have not been honoured with any of Your Excellency's favors. After repeated tenders to Congress of the Letters which Your Excellency desired should be presented to the House I obtained, about a week ago, a Commit-

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ment of them without reading. Yesterday I put them into the hands of Mr. President Huntington when they were read & again Committed,(1) therefore they are now out of my reach, otherwise they should have accompanied this, the translation of the Dutch Book goes on slowly. Mr. Muhlenburg who was so obliging as to undertake to get that work performed says the translator is nevertheless not Idle. I should have explained on the first abovementioned Commitment by saying the Committee had made a favorable Report on the Letters & then returned them into my hands. I was desirous because you seem to have been so, & because the Letters deserved attention, to have them read in full Congress. This was done yesterday & thence came the second Commitment. When I said to Your Excellency in my last "were he my Son I should dissuade him," I had no Idea that my Son would indeed be made without his knowledge, a Candidate for the very place, your Son wished for. My declaration was very sincere & my subsequent conduct consistent therewith. I do not beleive Colo. Laurens will accept the appointment which Congress have elected him to.(2) I have written to him desiring he will not determine until he shall have given me an opportunity of conferring with him & communicating a faithful & accurate state of our affairs foreign & domestic. If it shall please God to favor me with such an interview, & that my Son can read my heart he will return thanks to Congress & decline accepting the intended honor. At the same time I must confess that as far as I know him he does not want qualifications for filling the Office of Secretary to a foreign embassy with Credit, but a Man tender of his reputation will well consider the times before he accepts of a place. Your Excellency's Packet addressed to the Baron Van der Capellen is committed to the protection of Monsr. Gerard with a particular request to convey it in such manner as to avoid a heavy expence of Postage; Mr. Gerard is now on board the Confederacy at Chester & will sail with the first fair Wind, probably this day. If the intelligence which we have received through various Channels of the Count d'Estaing's success at South Carolina & Georgia shall prove true, those States will enjoy a temporary tranquility & the Enemy will feel the weight of a heavy loss & severe mortification; according to those accounts, we have ground for expecting to hear of the Admiral's arrival at Sandyhook or Rhode Island to day or to morrow. All this looks very fair-but alas! alas! We are threatned with an empty Treasury before the 1st day of December-vigoros & virtues exertions of the Citizens of these States, immediately put into action, must so far heal the wound given by rash bad policy as to save us from a violent convulsion. Your Excellency has before this day seen the Plan of ways & means, the medicine is rather rude, but if it be taken in time & in chearful spirits it may produce much relief, but cannot perform a radical cure. How is that possible when the expel-

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daters continue to increase beyond the stretch of the amazing expected returns of 15 Mil. per Month-it will however afford us a little time for breathing & recollection, & will stimulate the States to look a little more narrowly into things which concern their temporal Salvation. I am with the utmost Esteem & Regard, Sir, Your Excellency's Obedient & most humble, servant, Henry Laurens. RC (Ct: Trumbull Papers). 1 For the letters Trumbull had "desired should be presented to the House," see Laurens to Trumbull, September 26, 1779, in which Laurens had explained some of the delays that had prevented him from obtaining prompt congressional consideration of them. Laurens probably obtained the "Commitment of them without reading" on October 13, the day he was appointed to a committee concerning John Jay's mission abroad. To that committee a number of documents from Jacob Gerhard Diriks pertaining to a Dutch loan were also committed, and on October 15 Congress adopted the committee's recommendation for appointing "a proper person" to negotiate a loan in Holland. Three days later Congress proceeded to the nomination of a commissioner to conduct these negotiations, and it was apparently at that time, when a committee was appointed to prepare the commissioner's instructions, that Laurens obtained the second commitment of the documents Trumbull had sent. There is no explicit mention in the journals of either "commitment," but for the proceedings in Congress summarized here, see JCC, 15: 1167, 1179 81, 1186. It was against this background of involvement in the study of prospects for a Dutch loan that Laurens himself was appointed the commissioner for this mission on October 21, the general purpose of which was spelled out in a number of congressional resolves adopted on the 26th . JCC, 15: 1196 98, 1210 - 11. See also Samuel Huntington to Laurens, October 30, 1779. 2 See Laurens to Trumbull, September 26, note 3; and the letters of Samuel Huntington and Henry Laurens to John Laurens, October 2, 1779.

James Lovell to John Adams

Dear Sir, Octr. l9th. 1779 I begin to be very impatient at not hearing from you; and this not barely from the Number of days elapsed since my Information of Sepr. 28 &c. &c but from the Opinion dropped by Mr Lowell that we should not be able to obtain your Consent again to trust us here. It is the Desire of many that you shod. execute an intermediate Negociation with Holland, and you are named but others think it would be proper to make a distinct Appointment. This will be attended to on Thursday. (1) Mr. Gerard went on Board the Confederacy Yesterday with Mr. J. J., his Wife & other Passengers. I fear that the Gentleman who carries such Comfort with him will find Embarrassment the Consequence 2500 per Annum will not support Introductions to the Queen of Spain if I am rightly informed. By the Way, There is a Circumstance which you ought to know. Such is the State of our Finances that Doctr. F is desired to

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furnish 2000 Louis docs immediately to the 2 Ministers & their Secretaries or rather 3 Series. to be divided, & his is promised immediate Replacement by the commercial Committee as well an Investment of Funds for the whole Support of the Embassies.(2) I think from what I have seen of commercial Punctuality here, that I would not trust myself without Letters of Credit from private Persons to serve on an Emergency rising from public Negligence or Disappointment. I have meditated myself into a sort of Capability of Chagrin at not having a Chance of voyaging with you. For you are to observe I will not consent to conclude you will not venture once more. Your affectionate humble Servant, J.L. [P.S.] Seal & send to the Navy Board the enclosed to go by two Opportunities . RC (MHi: Adams Papers). 1 The post of commissioner "to negotiate a loan in Holland" went to Henry Laurens. JCC, 15:1198. 2 See Lovell to Adams, October 14, 1779, note 1.

Gouverneur Morris to Robert R. Livingston

Dr Robert Phila. l9th Octr. 1779. That I have not untill this Moment written to you I beseech you to impute to my Situation which hath been and is much occupied. When I arrived the World (or at least such Parts of it as I warmly love) was on the Wing. Old Systems are at once deranged and new ones to be adopted consistent with the old. I should say were &ca. for by what I learn from your Quarter I am no longer to be that wretched Creature a Statesman. The Instant I came into the House I was placed upon an important Committee (1) & that succeeded by a Variety of others so that I am already again distracted with Attention to different Things. Can you give me as good Reasons for your Taciturnity? I fear not. Remember that domestic ones cannot be received for that I shall set off like domestic Cares. Our Politics and our News are now alike public. The mighty Questions which have agitated us & tone the People of America settle down to a Calm. We hope much, expect much and are Certain of this only That every Thing in this World is uncertain. There is from thence a strong Argument for acting inconclusively and so inconclusive an Animal is Man that it is kind to have found the Argumts. for him. Adieu my dear Friend. Beleive me with Sincerity, yours, Gouv Morris (2) RC (NHi: Robert R. Livingston Papers). 1 Morris had returned to Congress on October 6, and he was appointed the same day to a committee to apportion the "sums to be paid into the continental treasury by the respective states."JCC, 15:1148-49.

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2 Morris also wrote the following brief letter to an unidentified friend this day. "Permit me to catch a Moment in Order to simply ask how you do. I will enclose you this Day's Paper because it will as effectually give you the News as I can do. As for Intelligence I can give you none nor indeed would I by the uncertain Conveyance of a Post. Yesterday I parted with my Friend Jay who departed this City to embark at Chester on Board the Confederacy. What may be, and what may be the Effects of, the Count's Movements it is for Time to discover. What will be the Success of the Enemy's Defensive Operations the same Mother of Events must declare." bMS Am 1649.8, MH -H.

George Partridge to Joseph Ward

Sir Philadelphia Octr. l9th. 1779 I receivd yours of the 9th current in Answer to which I can only say that Mr Laurens alone remains in Town of the Commee who were appointed on that Business, he informs me that he will immediately apply for an addition to the Commee & proceed to the Business. Your Expectations are Reasonable & I believe that the matter will be soon determind. I shall not be wanting to contribute my Mite to this Business-every man who is concerned with publick Business Needs Patience, I hope yours will not be worn out. (1) We have various Accounts of our Successes Southward tho nothing Official. Tis said that the Enemy in that Quarter are totally subdued. This no Doubt will soon be the case tho I think that our Advice wants confirmation, which I expect very soon. I am Sir with great esteem your most Obedient, Humble Servt. Geo. Partridge P.S. Be so kind as to forward the inclosed as directed. G.P. RC (ICHi: Joseph Ward Papers). Addressed: "Col. Joseph Ward, Muster Master Genl., Head Quarters North River." 1 For a discussion of the reform of the mustermaster general's department that ended in its abolition, see Joseph Spencer to Ward, August 23, note; and Partridge to Ward, November 31 ? 1779.

John Fell's Diary

Wednesday Oct 20th [1779]. Coml Committee. Congress. A number of dispatches, Reports from Committees &c. A Report for the form of the Prayer to be used on Thursday the day of Decr.(1) was read and agreed too. (Mr. Huston gone home having had an Acct of the death of his Child). MS (DLC). 1 That is, December 9, the date set for "a day of general thanksgiving."JCC, 15:1191.

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Samuel Holten's Diary

[October 20-21, 1779] 20. Wednesday. I met the Committee & we prepaired a Proclamation for a day of General Thanksgiving.(1) 21. Thursday. I attended the committee on general Arnolds affairs. MS (MDaAr). 1 See Samuel Huntington to the States, this date.

Samuel Huntington to John Adams

Sir Philadelphia Octor. 20th 1779 I have the honour to transmit you herewith enclosd Two Commissions wherein you are Authorized and appointed Minister Plenipotentiary from these United States to Negotiate Treaties of Peace & Commerce with Great Brittain; Accompanied with instructions in each Case, for your government in the Execution of those Several Commissions. (1) For your further Information and benefit, are enclosd Copies of the Instructions to the honble. Ben. Franklin & John Jay Esqrs our Ministers Plenipotentiary at the Courts of Versailes & Madrid.(2) Also two Acts of Congress of the 4th & 15th Instant Ascertaining your Salary & making provision for your Subsistance on your Arrival in France. (3) The nature & Importance of the Trust committed to your charge, will, I perswade myself engage your Immediate Attention & induce you to undertake the Service, and Embark for France without loss of time. Wishing you a prosperous Voyage and Success in your Embassy, I have the honour to be, with Sentiments of the highest Esteem & Regard, Your humble Servant, Saml . Huntington President P.S. The honble Francis Dana Esqr is appointed your Secretary. RC (MHi: Adams Papers). 1 Adams' two commissions, signed by Huntington, attested by Charles Thomson, and dated September 29, 1779, are in the Adams Papers, MHi. For their origins, see John Dickinson's Draft Commission, August 4, 1779; and JCC, 15:1116-17. For his "instructions in each Case," see Huntington's letters to Adams of October 16, 1779. 2 See Huntington to Franklin and to Jay, October 16, 1779. 3 JCC, 15:1143-46, 1179 83

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Samuel Huntington to Francis Dana

Sir Philadelphia Octor 20th. 1779 You will herewith receive enclosd, a Commission as Secretary to the honorable John Adams Esqr, Minister plenipotentiary from the United States of America for Negotiating Treaties, both of Peace & Comerce with Great Brittain. I have also enclosd two Acts of Congress of the 4th & 15th Instant Ascertaining your Salary and making provision for your Subsistance on your Arrival in France. I have the honour to be with Sentiments of Esteem, your humble Servt, Saml. Huntington President RC (MHi: Dana Papers).

Samuel Huntington to the States

Sir, Circular Philadelphia Octr 20th 1779 You will receive inclos'd herewith an Act of Congress of this day recommending to the several States that Thursday the ninth of December next be appointed a day of public thanksgiving.(1) I have the honour to be, with Sentiments of esteem & regard, your Excy's hble Servt, S. H. President LB (DNA: PCC, item 14). 1 For the work of the committee appointed to prepare the enclosed Thanksgiving Day proclamation, and the draft of it written by committee chairman Jesse Root, see JCC, 15:1170-71, 1191 93; PCC, item 24 fols. 447-48; and Burnett, Continental Congress, pp. 421-23.

John Dickinson to Caesar Rodney

Sir, Philadelphia, October 21 st. 1779 The inclosed (1) being put into my Hands on my Arrival in Town, I thought it proper immediately to transmit it to You, as our Assembly is now sitting. I am, Sir, your very hble Servt. John Dickinson [P. S.] I shall be much oblig'd to You, if You will have the inclosed Letter delivered to Thomas Smith by some very careful Hand, as soon as possible. RC (NN: Rodney Letters). 1 The "inclosed" given to Dickinson on his return to Philadelphia, possibly from the "Trip to Kent" mentioned in his September 25 letter to Rodney, was probably the New Jersey memorial on price regulation that had been read in Congress on October

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11 and assigned to a committee composed of a member from each state. See John Fell's Diary, October 11, 1779. Delaware's delegate on the committee, Nicholas Van Dyke, was apparently not attending Congress at this time, having last voted on October 6. Since the state was unrepresented until Dickinson's return, it became imperative that Dickinson forward the memorial, "as our Assembly is now sitting." Rodney laid the "inclosed printed paper" before the assembly "Immediately" upon receipt of Dickinson's letter. See JCC, 15:1148, 1162; and Rodney, Letters (Ryden), p. 324. For Congress' resolves on price regulation, see Samuel Huntington to the States, November 22, 1779.

John Fell's Diary

Thursday Octr. 21st [1779]. Coml Committee. Congress. Some dispatches and several Reports from Committees, Order of the day for Balloting for a Person to be sent to Europe to Negotiate a Loan. Mr Laurens was appointed. Mr Laurens 8 Votes, Mr Adams 3.(1) NB. Mr Scudder.(2) MS (DLC). 1 The balloting on this election is not recorded in the journals. JCC, 15:1198. 2 That is, Nathaniel Scudder had returned to Congress.

Marine Committee to Thomas Read

Sir October 21. 1779 As you have been appointed to command the Continental frigate Bourbon now at Middleton in the State of Connecticut we desire you will immediately proceed to that place and take the command of the said frigate which you are to use your best endeavours to have fitted for the Sea with all expedition. When you arrive at Middleton you are to inspect the State of the Bourbon and give an account thereof to the Commissioners of the Navy Board at Boston who will order every thing necessary for equipping her and you are occasionally to inform that Board of your proceedings and be governed by their orders in all matters relating to your Ship. We are Sir, Your Hble Servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book).

Gouverneur Morris to George Washington

Dr General. Philaa. 21st Octr. 1779 Two Days ago I was placed on a Committee to report the necessary Provision to be made for Officers not heretofore provided for. (1) I recollect at present the general Officers & Erskine's Corps (The

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Surgeons are already reported & the Report set down for this Day when as the Devil will have it I cannot attend) but as it would produce many Inconveniences to make this Provision which Congress intend to be general in any Respects partial I am sure you will pardon me the Liberty of requesting your thoughts as to the two Points. 1st. Who further shall be provided for, & 2ly. What Provision all things considered is properly consistent with the last Step taken by Congress relative to the Line.(2) Most sincerly I am, Dr Sir, yours, Gouv Morris P.S. I recollect that it is long since I received a Letter from you recommending Union in Congress.(3) I could not answer it then as I wished for I would truly say it existed or was like to exist. I would not go into a Detail of the Reasons, it would have involved too much Egotism and of Consequence could not have been quite impartial. At length let me congratulate your virtuous Moderation (I do not compliment) that we are united as much as is safe for the Public. RC. (DLC.: Washington Papers). 1 See John Armstrong to Washington, October 15, 1779, note 2. 2 Washington's November 6 reply is in Washington, Writings (Fitzpatrick), 17: 79-80 . 3 In his May 8, 1779, letter, Washington had urged Morris to "pacify party differences." Ibid., 15:26.

John Fell's Diary

[October 22-23, 1779] Friday October 22d 1779. Coml Committee. Congress. Memorials, Letter, Treasury Reports &c. Saturday 23d. Com Committee. Congress. After the dispatches the order of the day on the Report for the Sallerys of the Treasury Bd. agreed as follows, That the Commissioners and other Officers have their Places during Pleasure (Resolve past some time since that the Election should be annual).(1) Sallerys Per Annum Treasurer ...........................................................15,000 Dolls. Commissioners of the Board of Treasury . . .........14,000 Auditor General...................................................12,000 Commissioners of Chamber of Accounts ............12,000 Assistant Auditor General ............................. .....10,000 Secretary to the Board of Treasurey ............. .....10,000 Clerks in the above Offices ...................................7,000

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MS (DLC). 1 The ordinance establishing the Board of Treasury and providing for annual elections had been adopted July 30. On September 4 Congress assigned that part of the report pertaining to annual elections and salaries of officers to a committee of three, which reported October 20. See JCC, 14:903-8, 15:1027, 1190, 1204-6.

Samuel Holten's Diary

[October 22 -23, 1779] 22. Friday. I met the committee on the Post-office,(1) & the Come. Of 12 (2) & the come. on Genl. Arnolds Accounts. 23. Saturday. Congress settled the Salary's of the new board of Treasury. I attended the Come. on the Post-Office. Warm weather. MS (MDaAr). 1 The post office committee was apparently preparing the report that it submitted to Congress on October 25.JCC, 15:1203-4. 2 That is, the committee appointed on October 11 to consider New Jersey's price control proposal. JCC, 15: 1162.

Marine Committee to Seth Harding

Marine Committee Sir Philadelphia October 22d, 1779 This Committee having received information that you have lately Impressed on board the Confederacy several seamen Citizens of this state who have left families in this City in a distressed Situation. If this should be true you are hereby Ordered immediately to discharge them. (1) We are Sir, &c FC (DNA: PCC Miscellaneous Papers). In the hand of John Brown. 1 The Marine Committee wrote this letter in response to Congress' directive to "take order . . . and report to Congress" on Pennsylvania President Joseph Reed's complaint against Captain Harding's impressment of Pennsylvanians. See JCC, 15:1201, 1204; Pa. Archives, 1st ser. 7:761 62; and the following entry.

Samuel Huntington to Joseph Reed

Sir Philada. Octr. 23d 1779 Your letter of the 21st instant was immediately laid before Congress. Enclos'd is their Act of yesterday informing the Proceedings which have been adopted in Consequence thereof.(1) I am with great respect, your Excellency's hble Servt. S.H. President (2)

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LB (DNA: PCC, item 14). 1 See the preceding entry. 2 This day Huntington also wrote a brief letter to Major Noirmont de La Neuville, transmitting an October 22 resolve adopted as testimonial to his "personal merit and military character" to allay the "uneasiness" he had expressed to the Board of War over failure to obtain a promotion to lieutenant colonel. See PCC, item 14, fol. 212; and JCC, 15:1201.

Henry Laurens to George Washington

Dear sir. Philadelphia 24th October 1779. I had the honor of addressing you in a Letter under the 7th & 9th Inst. which went forward by a Messenger from the Dep. Qu. Master's office. (1) Yesterday I received from Charles Town in South Carolina by a Letter & News Papers, intelligence in brief, of the operations of the combined arms in & near Georgia to the 2d Inst. Colo. Maitland with so many of his Troops as were inclined & able had made his escape from Beaufort & joined General Prevost at Savanna leaving behind him, his whole Hospital, Artillery, Baggage & Stores. I know the swamps which the Colonel must have penetrated; a detail of his line of March, if he really went that way, would excite a mixture of compassion & laughter. The Enemy were strongly fortified by lines & redoubts in the Town of Savanna, where the soil is sand & sandy clay-their number about 3000, exclusive of Negroes & other rubbage. Count d'Estaing had landed 5000 Troops & formed a junction with General Lincoln who must have had under his command about 4000. Count Pulaski & General McKintosh had been detached southerly, probably to secure the Town of Sunbury about 40 Miles distant from Savanna & to intercept retreating parties by land & inland navigation, which in that country may be attempted with great prospect of success. The allies finding General Prevost so strongly intrenched had determind after a fruitless summon[s] to make regular approaches in preference to assault, Colo. Lomoy chief Engineer had announced that his works would be complete on the 1st October & it was expected, the Batteries consisting of 38 pieces of heavy Cannon & 8 Mortars would open in the same instant on the 2d or 3d. Sorties in two attempts had been made by the beseiged on the working parties, in both instances the assailants were beat back & suffered greatly in killed & wounded. A flag had passed from Gen. Prevost to Count d'Estaing with a request from the General for a Passport in favor of Madame Prevost, her plate & effects. The Count had replied that his politeness so far as respected the Lady could not be questioned, but that he understood the Plate &ca. had been acquired in such a way from the Allies of his Master as induced him

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to believe the General could not in honor & conscience expect to enjoy it-or something like this. The Sagitaire had taken the Experiment commanded by Sir James Wallace after a brave resistance, it is said that on board the Experiment were General Vaughan & about 20 other Officers, & Cash for paying the British Troops in Georgia, that dispatches had been found on board intimating an embarkation of 4000 Men at New York intended for So Carolina in consequence of which ten Ships of the line had been detached for convoying them in-this may account for the fleet which lately appeared at the mouth of Chesepeak. The Ariel, Fowey, & a sloop of 18 Guns, British Men of War, a large Ship with 2200 Barrels of Bread & flour, a large quantity of Beef & Pork, 4000 suits of Clothing &c. &c.-all the Enemy's Store & Transport Ships had fallen into the French Admiral's hands, besides many others Captured at Sea. Mr. Alexander Cameron formerly British Deputy, now, Superintendent of Indian affairs in the Southern district had prevailed on a part of the Cherokees to break faith with South Carolina, these had been severely chastised by General Williamson, their Towns & provisions totally destroyed & Cameron driven out of the Nation-the General had returned & would join General Lincoln with about 1000 Men on the 29th or 30th September. The Camps of the Allies in perfect health & harmony & every body in full prospect of repossessing Savanna & of having the British General, his Troops & the wrong Governor Sir James Wright prisoners of War within a week. Your Excellency well knows how to make proper abatements from such jumbled accounts-the bulk I believe to be true & there are no doubt many favorable truths untold. "I have not heard (says my friend) from Colo. Laurens since he went to Georgia he commands the Light Infantry, but by Letters to others I learn he was well the 27th Septem. after the reduction of Savanna he intends to return to his General." This is all I have received concerning Your Excellency's Aid de Camp, my friend adds that deserters from the Enemy came in daily. On Thursday last Congress were pleased to appoint me to go to the United States of Holland, when I am informed of the nature & extent of commands to be laid on me,(3)I shall be better qualified to determine on the propriety of accepting the Charge, be this as it may, I mean to begin my journey towards South Carolina on the 29th Inst.(3) There & in every other place where God pleases to lead me I shall continue to bear a grateful remembrance of Your Excellency's paternal care of my Country & shall count every opportunity of testifying my Love & Esteem for you an happy event. Under these professions I take my leave & with great sincerity subscribe, Sir, Your much obliged & obedient servant, Henry Laurens.

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RC (NHi: Vail Collection). 1 See Laurens to Washington, October 7, 1779. 2 For the "commands" laid on Laurens for negotiating a Dutch loan, see Samuel Huntington's second letter to Laurens of October 30, 1779. 3 Although Jesse Root wrote to Gov. Jonathan Trumbull on November 12 that Laurens left Philadelphia "last Saturday," i.e., November 6, there are explicit references to Laurens' departure on November 9 in the November 10 issue of the Pennsylvania Gazette, in the November 11 issue of the Pennsylvania Packet, and in Nathaniel Peabody to William Whipple, November 9, 1779. The matter is significant because Secretary Charles Thomson recorded a Laurens' motion in the journals on November 8, which, on the basis of Root's statement, Edmund C. Burnett conjectured was in error. Cf. JCC, 15:1250, and Burnett, Letters, 4:lxiii.

James Mercer to the Treasurer of Virginia

Sir, Philadelphia. Oct 24th 1779. Please to pay Capt. Alexander Dick two thousand Dollars which please to place to my attendance as a Delegate to Congress, not having drawn any money here on that account, this & a former draft for 500 Dollars in favour of my Brother Majr Mercer, amount to less than the state of Virginia owes me on that Account.(1) I am Sir, Yr. very humble Servant, Js. Mercer RC (Vi: Continental Congress Papers). 1 After he returned home, Mercer wrote another brief note to the Virginia treasurer on November 22 requesting an additional "£61.2.0 Virga.," which he appended to an account claiming expenses for his attendance in Congress ("from 9th Sept to 31 Oct. inclusive, 53 days 40 Dollrs. £696.") and travel to and from Philadelphia. The latter expenses he listed as follows (in "Virginia Currency"): "To allowance for travelling to Philadelphia Per way of Baltimore, 231 Miles @ 6s. Feriages, Colchester 12s, Potowmack 42s, Patuxent 12s, So River 18s, Patapsco 50s, Susquehana 50s, Shullkill 4s.4." "To travelling from Philadelphia by Kent Island, 201 miles 6s. Feriages at Schullkill, 10s, Christeen 8s, Kent Island narrows 40s, across the Bay £28, So. River 30s, Patuxent 12s, Potowmack 36 & at Colchester 12s." This document is in the James S. Copley Library, La Jolla, Calif. His account with the state of Virginia submitted March 24, 1780, lists additional expenses of £1085.18.4 for the period September 3 to November 19, 1779. This document is in the Continental Congress Papers, Vi, and was printed in Burnett, Letters, 4:505.

William Sharpe to Richard Caswell

Sir Philadelphia Oct. 24th 1779 (1) I have the honor of informing your Excellency that by Genl. Washington's letter dated the 21st Inst.(2) we learn that the Enemy have demolished and evacuated their posts of Stoney and Verplanks point, and retreated to New York. By intelligence of the 15th from Genl. Gates we learn there was reason to believe that the Enemy were about to evacuate Rhode Island and repair to New York where

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it appears the Enemy are centering all their force in order to make the greatest possible defence against Count de Estaing and Genl. Washington. The Enemy have sunk several hulks of vessels in the channel at the narrows & have made strong works on Long Island Staten & Governors Island. Inasmuch as the season is far advanced we have no reason to be very sanguine about possessing ourselves of New York. If the Count comes to the Northward, I doubt not but vigorous attempts will be made. The commander in chief had called for 2000 militia from Massachusetts Bay, 3000 from Connecticut 2000 from New York, 2000 from New Jersey, 1500 from Pennsylvania.(3) Congress has received no authentic accounts from the combined Fleets in Europe. We have flattering hopes of good news from Georgia. Congress has lately appointed the Hon. Wm. Laurens (4) to negociate a Loan in Holland. I have the honor to be with great esteem your Excellys Mo. ob. huml. Servt, Wm. Sharpe P.S. Three days since Mr Gerard & Mr Jay saild for France. Tr (Nc-Ar: Governor's Letter Books). 1 Sharpe may actually have written this letter on the 28th. The information from Washington discussed by Sharpe was dispatched from West Point the evening of the 21st but was not read in Congress until the 25th. Moreover, Sharpe noted in his postscript that Gerard and Jay, who sailed aboard the Confederacy on October 25, had departed "three days since." Errors of transcription in this letterbook are not uncommon . 2 For Washington's two letters of October 21 informing Congress of the imminent evacuation of the British posts on the Hudson and then confirming that the enemy had indeed "retreated to New York," see Washington, Writings (Fitzpatrick), 17:1 2, 3 For Washington's preparations for an attack upon New York should d'Estaing's fleet arrive before winter, see Freeman, Washington, 5:136-38. 4 Sharpe probably wrote "Mr. Laurens," which was misread by the transcriber.

Thomas Burke to the North Carolina Assembly

[October 25 ? 1779] (1) Among the variety of Business which came before Congress from the begining of January '79 to the midle of August, the following Objects Seemed to your Delegates to be of highest Importance to the united States in general. The Army, Finances, and foreign affairs. The Votes and transactions relative to the two first are to be found in the Journals, Copies of which are transmitted to the Governor for the use of the State. I (2) presume therefore that your Delegates are not required to give any particular Information relative to them unless Some passages require Explanation, or their own particular Votes Stand in need of Justification. If Such be the Case, I hope and

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request that they may be Questioned on Such Votes and passages specially, praying leave to Suggest that any other mode would be tedious, difficult and unsatisfactory and Protesting that I am at all times ready and willing to give all the Satisfaction in my power to the Assembly in any mode which shall to that honorable Body Seem Most eligeable. I am aware that Some obvious remarks which will Occur on perusing the Journals require Answers and will Endeavour to give Such as appear to me true, and hope they will prove Satisfactory. Tis obvious that much time is Spent on unimportant Subjects, that many Questions of Order are debated and some of them perhaps decided in a manner that may appear extraordinary to Legislative Assemblies. The latter is Occasioned by the Nature of Congress which is a deliberating Executive assembly, to whose proceedings the rules of order Established for deliberating Legislative assemblies will not always apply without manifest Inconvenience and as utility is the principle which gives rise to all rules of order, So whatever rule appears to a Majority to be Contrary to utility must Necessarily be rejected as not order. It must be Confessed, and ought to be lamented that those Circumstances make the rules of order in that assembly very arbitrary and uncertain-hence frequent disputes arise thereon, much time and debate are wasted, and the decisions at length depend upon the Integrity of a Majority. Thus rules of Order Cease to be, what they ought, Common Checks upon Excesses; and, being always in the power of a Majority, if that Should be factious or Vitious will be unavailing against them, but always powerful Instruments in their hands. This Inconvenience Can only be remedied by fundamental alterations in the Constitution of Congress, which ought to be beyond their own power to alter except by unanimous Consent-but the present times afford not leisure for Such Improvements, and tis to be hoped that the Virtue of the present race will prevent any great degree of Injury, before a Season of Tranquility Shall arrive. The former arises also from the Imperfect Constitution Of Congress which cannot reject any Business, addressed to them by way of despatch through the President, before it has undergon Some Consideration. When Such applications respect the Interests of Individuals it too often happens that Some Member patronises the application, and a Debate Necessarily Ensues which consumes much time, for it must be Confessed that particular Interests are too frequently very Strenuously Contested and the very Effort to get rid of Such applications in order to make way for more Important Business takes up a great part of that time which ought to be Sacred to great and general Concerns. Your Delegates with great pleasure assisted in passing a resolution to Correct this Evil in Some Measure Vizt that on a motion for postponing no member Should Speak more than Once,(3) and they have had the Satisfaction of observing

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very good Effects from it, the House being thereby enabled to come to a resolution for dismissing improper business, with much less Debate, and waste of time than heretofore. As the most Effectual remedy for this Evil, it is much to be wished that the Delegates in Congress were free from the Solicitations of Interested Individuals, or immoveably firm against them, either, tho much to be wished for, yet, Considering the frailty of human Nature, Can Scarcely be expected, and the remedy for this Evil like many others must be referred to Seasons of Sufficient Tranquility for fundamental Amendments . In general with respect to the army your Delegates relied on the approved Experience, Abilities and Virtue of its Illustrious Commander for all Military Enterprises and Operations. In what related to arrangements and appointments, they always favored whatever tended to make their Condition more Comfortable and Satisfactory, whatever tended to hold out prospects of future glory and Competence to the gallant and faithful Soldier. But they were careful to admit no Ideas of Power in the Military Order repugnant to, or interefering with the Civil Authority, nor Insolence to the Civil Magistrate of any State to pass with impunity,(4) and they always Opposed every attempt to exercise Arbitrary Acts of Power over any military person, always Stedfastly maintaining that a Soldier does not forego the rights of a free Citizen by taking arms in defence of his Country. That the rules of his Conduct, mode of his trial, and measure of his punishments aught to be found in the promulgated Civil and military Codes, to the former of which he has given the general Consent of a Citizen, and to the latter by Subscribing the articles the particular Consent of a Soldier. Your Delegates are happy in the Conviction that in all that relates to this important object they maintained principles, and observed a Conduct Consonant to the Ideas of their Constituents, of which they Consider as Cogent proofs the Several acts of assembly made in favor of that Useful, Virtuous and Meritorious part of our fellow Citizens who are Chearfully undergoing all the Dangers and distresses of Military Service for their Country and they beg leave to express their Concern that those acts are not in all things Executed so as to give the full Effect to the liberality of the assembly. With respect to finance your Delegates were of Opinion that the public Credit ought to be maintained by very Copious Taxation, well knowing that the ability to pay Taxes must always increase in proportion to the Increase of money, and much wishing that Taxes might have the Salutary Effect, of diverting much of that time which is now wasted every where in America in blameable Idleness, or frivolous Amusements, to Industrious Exertions for Increasing the resources of our Country. They also wished to Correct the abuses in the Expenditure of public Money, but I am Sorry today that such abuses are So Inveterate that they admit of no adequate Cure but from

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Vigorous Exertions of the States to furnish the Necessary Supplies in kind according to their respective abilities. All the Efforts of Congress have been directed to the lessening of Expenditures, to the procuring of Supplies of money by Loans and Taxes, and by Such means to prevent further Emissions. But all their Efforts must prove Ineffectual, if Not powerfully aided by Similar Efforts of the States for Carrying their resolutions into Execution . Many States are availing themselves of the present plenty of money for the raising as much as possible by Taxes. The advantage of Such policy and the Injury of delaying Taxation until the Money becomes more difficult to be obtained, your Delegates presume are obvious, and cannot escape the Sagacity of the General Assembly. What relates to foreign affairs being preserved in the Secret Journals of Congress will require a more particular detail, and I will here give as full a relation as the Injunctions of Secrecy which [I] am under will permit. Premising, that tho I hold myself not at liberty to declare any thing which I have been enjoined to keep Secret, unless I perceive its tendency to be Injurious to my Constituents; or, unless I am particularly required by the Assembly to lay such matters before them without reserve, Yet in Such Cases I Consider the obligation I am under to my Constituents, Superior to any which can be laid on me by Congress.(5) But in the Conduct of Wars, and foreign Negotiations many things will Occur which if divulged might lose every beneficial Effect, and produce Consequences very Injurious to the general Welfare. Such it is to be presumed no one State would require to be divulged, unless their own peculiar Safety made it Necessary, and I am too well Convinced of the Wisdom, discretion and public Spirit of my Constituents, to doubt their permitting Silence on all affairs of Such Nature. The foreign affairs have been Considered in Congress under two general Heads-the State and dispositions of foreign Courts; the Conduct and Character of our foreign Ministers-and each afforded very Interesting objects, and produced long protracted Questions and debates. With respect to the Conduct of our foreign Ministers It was So Indiscreet that dissentions and Animosities had arisen amongst them which produced reciprocal Suspicions and Accustations. Nor had they the prudence to Suppress or Conceal them, on the Contrary, they Suffered them to break out into heats and altercations disgraceful to the Country in whose Service they were. The Consequence was, that they (lost the Confidence of the Court at which they resided and) became almost useless. Doctr F. & Mr Dean who principally conducted our affairs at the Court of Versails Seemed to act in perfect Harmony, and to be fully possessed of the Confidence of the Court. Doctor Lee who was Joint Commissioner with them, accused them both of peculation, and Criminal waste and misapplication of public money. Mr. Dean Accused

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Doctor Lee of being Froward, proud, Supercilious, Malevolent, Suspicious to So unreasonable a degree as to take unfounded Conjectures for facts, and to draw from them uncandid and disengenuous Conclusions-with all, to be of a temper Sordid and disgusting- and by his Correspondence and Connexitions with British Subjects and Emissaries to have become Suspected by the French Court of Infidelity-and Doctor Franklin Considered the same Gentleman as laboring under a Disorder of his Understanding. The appointments of the other Gentlemen were found to have been Useless and their part in the Enquiries, and proceedings of Congress, being inconsiderable it Seems enough to Inform the Assembly that they were discontinued in office. The Congress made a very Minute and painful Enquiry Concerning all the allegations of the different accusers and accused, but So deficient were they in Matterials for affording Testimony that no Satisfaction Could be obtained with respect to the guilt or Innocence of any.(6) Mr Dean alledged that his accounts would very fully refute the charge of Mr. Lee, but that not knowing that he was recalled for any other purpose than to give Congress Information of the Political State of Europe as it affected the united States, and being desirous of giving them Satisfaction without delay, and of hastning the Departure of Count DeEstaing for America with the fleet under his Command, he did not take time to Settle them before he left France.(7) The accusations against him were founded upon Conjectures, Surmises and Inuendoes, and the Settlement of his accounts would Certainly prove either his guilt or Innocence, but they were in france, and all farther proceeding became impossible So that the Sense of Congress on the indisputable Merit of Mr Dean as our Assiduous, able, faithful, and Successful Minister Could not with propriety be given while he lay under So heavy a Charge as that of peculation. Doctor Franklin was involved with Mr Dean. The Charges against Doctor Lee were no better Supported, and he himself was not present to answer. Upon the whole it appear'd to your Delegates, and in their Opinion to a great Majority of Congress, that the Charges on all hands were much more the result of personal III will and resentment than of Calm dispassionate Observation and Enquiry. The Indiscrition of the Ministers and their Consequent Inutility were to your Delegates and many others perfectly Evident. They also thought that when Ministers of such high trust were accused of Such Enormities nothing less than a full and clear Investigation by putting the parties personally on their defence before their Country, and obtaining all possible light concerning their Transactions, ought to Satisfy the public. This was impossible unless the Ministers were present, and therefore your Delegates were of Opinion that they ought all to be recalled. Agreeably to this principle they Voted for the recal of Doctor Franklin,(8) but, they Confess, it was

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with great reluctance. They had a high Opinion of his Merit and Services, and gave little or no Credit to the Charges against him- but they did not presume to think their Opinion of his Innocence to be Sufficient to Satisfy the public without a Trial. They are glad of this Opportunity of Explaining their Vote with respect to that able and faithful Minister, and venerable Patriot, and also to testify the pleasure they afterwards had when the Minister of France Informed Congress from the King that the appointing him Sole Plenipotentiary to his Court gave him the highest Satisfaction, and would engage his utmost Confidence.(9) But the Sentiments of your Delegates, and of many others in Congress were very different as to Doctor Lee. From his Letters, and from the concurring Testimony of many who were personally acquainted with him they Conceived him to labor under that Imperfection of Capacity which gives to trifles too much Importance, and to be of a temper So Suspicious and unconciliating as to embarass all public Business in which he might be engaged. They had also indubitable proof that he was not only denied the Confidence of the Court of Versails, but deeply suspected by them: and the Connection and participation of Councils and Sentiments, between that Court and the Court of Madrid were so well known to your Delegates that they Could not doubt of his Standing in the Same Predicament with both-and Consequently to be, not only, useless, but injurious at either. The proofs referred to are the following. In Debate on the Subject a Gentleman from Massachusetts Bay (Mr S. Adams) declared that he had it from the highest Authority, that Mr. Lee was not denied the full Confidence of the Court of Versails. One of your Delegates (Mr Burke) remarking this declaration, and observing that it was directly opposite to the Concurring representations of all who came from Europe, and to the general opinion as he was informed, of France and America he requested the Gentleman to name the authority he alluded to that other gentlemen might have an equal Opportunity of obtaing Such good Information which might prevent their giving their Votes to the prejudice of a gentleman who possibly might be a man of great worth, tho misrepresented through prejudice and popular Error. The Gentleman declined naming the Authority, and Mr Burke in Company with General Nelson a delegate from Virginia paid the Minister of France a Visit, in which the Conversation being introduced, the Minister delivered himself to the purport which is contained in a paper hereto annexed. Mr Burke reduced it to writing, and Comparing it with Mr Nelson both agreed that the Substance of the Conversation and almost the words were recited.(10) Other Delegates Impelled by the Same Motives made more direct application to the Minister and Mr Paca a Delegate from Maryland, and Mr Drayton a delegate from South Carolina, obtained from him an Extract of a letter from the Count de Vergens which Communi-

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cated Certain dispositions, and transactions in European Courts to be Committed in Confidince to Congress, of which our own Minister were entirely Ignorant, and which in the Extract referred to accounts for that Ignorance by declaring that he feared Mr Lee and those about him. These several Testimonies were laid before Congress,(11) but to the great Surprise of your Delegates and many others the votes were, for recalling Mr Lee 4-against it four-and four divided. By this Division he still Continued Plenipotentiary to the Court of Madrid. Your Delegates are unable to account for this division on any other ground than that of a Secret Combination in his favor formed by his Brothers who had been Members of Congress for a long time preceding, but this, tho it obtruded itself on the observation and Conviction of your Delegates and many others in Congress, yet as it can only be the result of Conjecture, and from its Nature is incapable of direct proof it does not become your Delegates to Assert it as a fact, and therefore they only Suggest it as a Conjecture which forced itself on the Minds of many of the Delegates, and which obtained additional Force from many Circumstances that could not escape observation, particularly the following. It was observed that Several Gentlemen in debate threw out Suggestions that the House was divided into partizans of Mr Dean and Mr Lee, and that the Endeavour to recall the Latter was an attempt to Sacrafise him to the former. Your delegates heared those Suggestions with Indignation, and Considering all Individuals and their Interests as inconsiderable objects Compared to the public Service, and being firmly persuaded that Neither of those Gentlemen could any longer be useful, they wished to See both removed. A Motion was made by one of your Delegates (Mr Burke) for detaining the one and recalling The other for the purpose of Investigating more fully their allegations of Mr. Lee against Mr. Dean. This motion was lost by an equal division, the members voting against it who favored or made the foregoing Suggestions .(12) Upon the whole, your Delegates could find no Sufficient Cause proved for degrading any of the foreign Ministers tho they Saw plainly that none Except Doctor Franklin Could be any longer useful and even him they thought it right to recall in Order to give Satisfaction to the public by a trial, and that all of them, not excepting Doctr Lee, had some Merit, particularly unwearied attention and Industry. With respect to the State and disposition of foreign Courts Early last February the Minister of France in a private Audience informed Congress (13) by the special Command of his King That England had failed in her application to the Court of Russia for Succors-that peace had taken place between that and the Ottoman power under the mediation of his Master, that Austria and Prussia had also Submitted their differences to his Mediation, in which at his own request

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he was Joined by Russia-That from all the Arrangements in Europe it appeared Certain that Britain could Obtain no alliance among the Northern powers nor had our Confederacy any thing to apprehend from thence. That the King of Spain had offerred his Mediation between Great Britain and France, declaring that if it should be refused or Evaded he would no longer Stand Neuter and See the Arms and power of France Injured and Insulted. That as a preliminary article the Indepen[den]ce of the united states of America must be Acknowledged. He in the name of his Master also recommended to the Congress to be prepared to take their place in a Negotiation for Peace which would probably take place, under such Mediation, and might be daily Expected, and to furnish their Ministers with an ultimatum, as moderate as possible; remembering always that the Events of War are uncertain, that peace is Exceedingly desireable as well to France as America-That nothing of Importance ought to be Committed to the former which could be obtained without, and That nothing ought to retard the latter which was not absolutely necessary to our Safety. That in the Cabinet of Britain there was as early as October '78 a great party in the favor of acknowledging our Independance, and that it was prevented only by the Hopes which the Commissioners gave of disunion amongst us, to excite and Continue which they had employed and rewarded Several Individuals in America. He also recommended Secrecy and dispatch that Spain might be properly informed of our resolutions and enable to press Britain to a decisive declaration in time to take part in the War and to Commence her Opperations with the then Ensuing Campaign. Also that as it was possible the Pride and Obstinacy of the British Monarch might still hinder the much wished for peace, we should be prepared to carry on the war against him with Successful Vigor, in order to which it was very adviseable to Come to a friendly understanding with Spain, and engaging her in alliance with us as well as with France, to obtain Effectual aid both of Force and Money from her, that in such Event we might obtain from her a Subsidy on very easy Terms which if prudently managed might restore the Credit of our Money-that the King his Master was prepared with all his force, which he would employ without reserve to force Britain into an acknowledgement of our Independence-That this was the only object which he proposed by the War, and when obtained he would chearfully lay down his Arms-But that he would assist with all his weight and lnfluence to obtain for us by Treaty any thing farther which we might require. In Considering this Important Communication the Congress were necessarily led to take a view of all the objects which were Interesting to the States Individually or Collectively-to Insist on what were Essentially Necessary to the latter was unanimously agreed to. But great difficulties arose Concerning Such as might be deemed pecu-

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liarly important to Some, and remotely So to all. Almost every State could point out Such as were to her peculiarly Interesting, but the Importance of many of them to the whole depended on remote Contingencies, and the right to them was founded more on Casuistry, and Metaphisical reasoning, than on the received Laws and Customs of Nations. Your Delegates Considered that the State of America in general made Peace too desireable to be delayed for the discussion of Such rights, or for the obtaining of such objects, and very early fixed their resolution to observe a profound Silence with respect to all Such objects, and insist only on such as were Indispensably Necessary for the Safety of the whole. Thus to leave to the more vigorous growth of future ages to assert disputed claims while they would Secure to the present what might be necessary for fixing Deep the roots, and cherishing the National Strength to a prolific Maturity. Pursuant to this resolution they declined insisting on Some objects which were undoubtedly of great Importance to this and many of the Neighboring States, the delegates of Such States Concurring with them. The Delegates from Some very respectable States did not Seem Impressed with an equal Sense of the great Expediency of peace and insisted very Strenuously and pertinaciously on Making a Certain object (14) part of our ultimatum which was peculiarly Interesting to the States they represented, and which is far from being indifferent or unimportant to the whole. Some part of this object, (and in the Opinion of your Delegates Sufficient for the purposes of America for many ages if not forever) appeared to be involved in the general Rights of Sovereignty and Independance and So far every one was willing to Insist at all Events. But these claims Extended So far as to Interfere with the rights which must by the Law of Nations belong to britain after the war, and Such rights as Britain is always Jealous of in so a high a degree that She would make war at any time to prevent encroachments on them. The Delegates alluded to attempted to Support their claim to the Extended object on the right of Occupancy. (It appeared to your Delegates and to many others That Such Occupancy could not be an Occupancy of the united States, because their political Existance would not admit of it.)(15) Your Delegates and many others who could not perceive the Justice or force of their arguments Concluded that insisting on such an object would be, in Effect, refusing to make peace, and might even expose us to be deserted by our ally who might not think himself engaged to Continue in a State of Hostilities with a powerful Nation for such an object for his ally, and not chusing to risque the Continuance of the Calamities of War on the Success of reasonings which appeared to them futile, and which they were well persuaded would be wholly disregarded by Statesmen, they vigorously opposed the making of the object in the Extent required, an ultimatum. But being extremely desirous to gratify as far as they Could the States

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who were peculiarly Interested, for whose People they have the highest respect, they Consented that it should be an ultimatum Provided our ally should be in Condition to Continue Hostilities for it in Conjunction with us. This passed the Congress by very general if not unanimous Consent but not being Satisfactory to the Delegates who contended for the object they moved to reconsider it and were Indulged. It was now the 24th of March, and every day for a Considerable time was expected to be the last which should delay this important Business. But tho' they and many others used their utmost Efforts to bring the affairs to a Conclusion yet it could not be Effected before the middle of August, (16) during all this time it was often postponed for Business which appeared to your delgates of far less importance, and they were Sometimes obliged to Concur for prudential reasons which the Sagacity of this Assembly makes unnecessary to mention. The Struggle was very arduous and pertinacious on both Sides, The one Considering a peace as inadmissable without an absolute acknowledgement of the right they claimed, and a Security for the undisturbed Exercise thereof, The other Considering the claim to all that Exceeded what was involved in the general right of Sovereignty and Independance as Extravagant and Insupportable, all, So involved, as Necessarily Secured by a Peace acknowledging that Sovereignty and Independance, and too well Convinced of the Expediency of Peace to Consent to its being delayed for objects of ambition or rapacity. The former availing themselves of all their Ingenuity and address to obtain resolutions of Congress, which, tho not apparently, might by [. . .] in Consequence prevent a peace until their favorite object Should be Secured, the latter firmly persuaded that the Sense of the great Body of the People through all the united States was with them, because Such must arise from their Interests and Circumstances that it was their Indispensable duty to prevent every obstruction to peace but such as were unavoidable, and that the direct operation of every resolution which should be passed on So important a Subject Should be plain and unequivocal were ever watchful to pervade every proposition, and by proposing Amendments, to Strip it of every Artificial Coloring until it was brought to the Simple Question "Shall the War be Continued merely for that object?" As in this form it was impossible to obtain a Vote of Congress to the Affirmative, So when it was perceived that no Question Could be put but what must plainly come to this point those who Contended for making the object an ultimatum availed themselves of advantages which the rules of Debate and forms of proceeding in Congress gave them, and prevented the decision alltogether. Thus was much time wasted in Endeavouring to reconcile Opinions So Opposite on subjects of the highest Importance. At length it was rested on a resolve passed Early in the progress, that the object as far as it is supposed to be involved in the right of Independance Should

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in no Event be given up, but no other Stipulations relative to it in a Treaty of peace were permitted to be a part of the ultimatum. Some resolutions were entered into for the better Securing the undisturbed Exercise of the right as above [limited?] in which your Delegates did not Concur, not being [convinced?] or that their powers Extended to the entering into Such Engagements as were proposed. (17) But it would be premature and Improper to mention the particulars of Such Engagements at present. Your Delegates hope it is Sufficient to inform the assembly that their dissent will appear on the Journal, and the State may avail herself thereof Should it hereafter be deemed Expedient. The Minister of France had a Second private Audience of Congress in July and then informed us of Some difficulties which prevented the Success of the Mediation of Spain which it required the Wisdom and Moderation of Congress to remove. The Congress resolved on the Measures which appeared to them the best for removing them, and if not too late, your Delegates have Strong hopes in their Success.(18) No Conclusive resolutions were entered into relative to the proposed alliance with Spain, while any of your Delegates who have now the honor of informing the assembly remained at Congress.(19) MS (Nc-Ar: Secretary of State Records). Written by Burke and endorsed by him: "rough of an Address to the People drawn when member of Congress in 1779." 1 In mid-October the North Carolina assembly ordered its congressional delegates, Burke, Whitmell Hill, and John Penn, to appear before it and "give information with respect to Matters which have come under the deliberation of Congress since January last." N.C. State Records, 13:833, 922. While three of the four journal entries recording the adoption of the resolution specify that the delegates attend on "Friday next" (October 22), the message from the house to the senate reads "Monday next." Whatever the reason for the discrepancy, Burke and Hill clearly attended the assembly on Monday, October 25. Although there is no mention of the report in the journals, they received the thanks of the Senate and House of Commons to which they responded in kind. Their responses are in ibid., pp. 854, 945 47; and Legislative Papers, Nc-Ar. The report itself, which covers the period from "the beginning of January 79 to the midle of August" when Burke left Congress, was probably not drafted until a few days before its presentation to the assembly. 2 Burke originally wrote this statement as if it were from the entire delegation ("Your Delegates presume therefore that they"), but later amended a considerable portion, although not all, of the text by changing the pronouns and verbs to make it appear to be a personal report. He also made other, minor alterations in phraseology. 3 See JCC, 14:523. 4 Burke may have been referring to the case of Maj. Matthew Clarkson, for which see John Jay to Joseph Reed, January 27, 1779, note 2. 5 For the "Injunctions of Secrecy" under which the delegates labored, see, for example, James Lovell to Samuel Adams, July 10; North Carolina Delegates to Richard Caswell, July 15; and Lovell to Richard Henry Lee, July 17, 1779. 6 For Congress' "Minute and painful Enquiry," see especially the Foreign Affairs Inquiry Committee Minutes, January 21, 1779. 7 For Silas Deane's "narrative" of his mission to France, see these Letters, 11 :285-87, 383-84, 393-94. 8 See JCC, 13:499-500.

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9 See JCC, 14:830; and Committee for Foreign Affairs to Benjamin Franklin, July 16, 1779. 10 See Thomas Burke's Statement Respecting Gerard's Views on Arthur Lee, April 16. 1779. 11 See William Paca and William Henry Drayton to Congress, April 30, 1779. 12 See JCC, 14:711-14; Henry Laurens' Notes on William Paca's Motion, April 26; and Laurens' Notes of Debates, April 30, May 6,

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and June 11, 1779. 13 For Gerard's "private Audience" with Congress, see William Henry Drayton's Notes, February 15, 1779. 14 Undoubtedly, the fisheries. 15 Although Burke had written "dele" in the margin beside this passage, he did not cross it out. 16 The delegates approved the ultimata for a treaty of peace on August 14, the last day that Burke is recorded as present. See JCC, 14:956-60. 17 For these resolutions, See JCC, 14:749-52, 765-70, 790 93, 863-65, 884 86, 896-97, 920-22; Henry Laurens' Notes of Debates, June 19; John Dickinson's Draft Petition, July 22; and Dickinson's Draft Resolves, July 24, 1779. 18 For Gerard's "private audience" with Congress on July 12, see James Lovell to Samuel Adams, July 10, note 5. For the "measures" that Congress considered to remove obstacles to negotiations with Spain, see Burke's Draft Report, August 5, 1779. 19 Burke was reelected as a delegate to Congress on October 26. On the 28th the House of Commons drew up instructions for its delegation and authorized the governor to prepare commissions. See JCC, 15:1361; and N.C. State Records, 13:868-69, 948, 960, 962. Among these October 28 instructions to the North Carolina delegates was an assembly resolve declaring the state's willingness to join a confederation of fewer than thirteen states if unanimous ratification could not be obtained. North Carolina Journal of the House of Commons, October 18-November 10, 1779. DLC(ESR). Burke, however, objected to the concept of a "partial Confederacy" and presented the following appeal to the assembly on October 31st: "To the Honorable the General Assembly of the State of North Carolina. "Thomas Burke, one of the Delegates of the said State to the Congress of the United States, (his Colleagues being absent,) most respectfully represents: "That, by the articles of Confederation, Nine States are required to consent to every affirmative vote for Peace, for War, and for borrowing and emitting money-and five States, consequently, have a Negative. "That, being now in a state of War, this negative might prevent a peace, tho' offered on reasonable Terms. "That even a smaller number would be invested with this dangerous power, should any one or more of the States be absent, which has happened with respect to Georgia for many months, and may also happen with respect to any which may be overrun by the enemy. "That for every purpose of common defence and common Exertions in the progress of the present War and for the conclusion thereof, the States are unquestionably, united by former acts of the Several States, nor can this union derive strength from a partial Confederacy for the same or other purposes; on the contrary, such partial confederacy may lay the foundation of disunion, or, by seeming to do so, may have such Effect on the hopes of the British Ministry as to induce them to a longer Continuation of Hostilities. The present times are critical, and it seems prudent to decline every thing which may occasion, even an appearance of divided councils; a partial Confederacy must be followed by confusion, the states so confederated, and such as are now so Confederated, could no longer form one Common Council- and separately they could not form or Execute any Common resolutions; in a word, it would destroy the old union. "It is Evident that the Confederacy, formed for thirteen, will not fit a smaller number, and that if a partial Confederacy be found Necessary, the articles thereof must be previously adjusted. The said Thomas Burke, for these reasons and many

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others, most respectfully submits to the Consideration of the honorable Assembly whether it be Expedient that the Delegates from this State be peremptorily required to recommend or enter into any partial Confederacy, pursuant to the instructions and resolutions of the 28th instant? or whether it be more Expedient to impower them to Act as Circumstances may require in a matter of so much Delicacy and Importance whose Consequences cannot now be actually foreseen." N.C. State Records, 14:349 51. That Burke's appeal was successful is evident from the fact that the assembly ordered the resolve deleted from its manuscript journal. Cf. Journal of the House of Commons, October 28, 1779, DLC(ESR); and N.C. State Records, 13:957 60. The assembly doubtless intended that its delegates act, in Burke's words, "as Circumstances may require."

John Fell's Diary

Monday October the 25th. 1779 Coml Committee. Congress. Letter from Genl. Washington dated 21 st advising that the Enemy had Evacuated Stoney and Ver Plancks Point, and Reported they were going to leave Rhode Island.(1) Report from the Committee with Instructions to Mr Laurens to Negotiate a Loan. MS (DLC). 1 See William Sharpe to Richard Caswell, October 24, 1779, note 2.

Daniel of St. Thomas Jenifer to Thomas Johnson

My dear Sir, Phila. Octr. 25th. 1779. I am favored with your Excellencys Letter of the 22d Inst. Our situation is truly alarming from the depreciated State of our Money. Tho' for eight days past Gold has been falling in value dayly-from 35 for one it is now at 26-But Goods & produce rising. Flour is so essentially necessary at this time, that every expedient must be made use of to procure it. Congress have applied for Loans in Europe & lately reinforced their applications, and there is now some prospect of Success. I have still hopes that the Back Lands, at least a considerable part of them, will come under the direction & disposal of Congress. It is thought by many that the Count D'staign would be in Possession of Savannah the 12th Inst. so that he may now be Hourly expected. The Enemy are making the greatest preparations to receive him. He has evacated Stony & Verplank points; first have'g Distroy'd & burnt everything in His power. .The Cayuga's & some others of the Six nations are Sueing for peace. No late intelligence from Europe. I did intend to Set out for Annapolis as to day, but the business I mentioned in my last not being yet brought before Congress, owing to the Absence of Mr. Witherspoon I have determind to stay all the

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week rather than leave this business unreported.1 I must therefore request the Senate (should I not be down in time) to chuse a President in my room. By Thursday the 4th of November if God spares me I shall be down, in the meantime I am with the greatest affection & esteem, Dr Sir Your friend & Servt, Daniel of St Thos Jenifer RC (MdAA: Red Books). 1 Jenifer, who had applied for a leave of absence on October 23, was apparently waiting for chairman John Witherspoon's arrival to conclude the business of the committee appointed October 8 to consider the memorials of the Indiana and Vandalia land companies. Witherspoon returned to Congress on October 26 and the committee reported the following day, although its report was not considered until October 29 30. Jenifer apparently departed for Annapolis immediately thereafter. See JCC 15:1 155, 1202, 1213, 1224, 1226-30, 1232; and John Fell's Diary, October 26. For Congress' handling of the sensitive issue of its jurisdiction over western lands, see Samuel Huntington to the States, October 30, 1779.

John Fell's Diary

Tuesday 26th Octr. [1779] Coml Committee. Congress. After some dispatches were Read the Report for Instructions to Mr Laurens was taken up and debated the whole day to no Purpose. PM Marine Committee. NB Dr Weatherspoon.(1) Confederacy and Eagle Packet Saild this day from the Capes. MS (DLC). 1 That is, John Witherspoon, who had been absent since October 14, had returned to Congress.

Samuel Huntington to Jean Holker

Sir Philadelphia Octor 26th. 1779 Your favour of the 22d Instant I receivd last night.(1) Your kind offices in forwarding those Letters and giving me this early intelligence is very acceptable and Claims my Acknowledgements. You will receive herewith enclosd a letter which came under cover directed to me from Captains Landolphe, Raux, and Patot who it Seems have put into New London in Connecticutt, in distress.(2) I Suppose you will Judge it properly in your department to give them the necessary Assistance. I Shall ever be happy to See any relief in our power readily granted to our good Allies, I have communicated the Letter to le Chevalier de la Luzerne.

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The enclosd paper will furnish you with the latest Intelligence I have receivd from Georgia & the Count De Estaing. I am Informd by Genl. Washing[ton], the Enemy have evacuated both their posts at Kings ferry viz. Stoney, & Verplanks points burnt & destroyd their works; also by the last advice from Newport every thing apeard to Indicate a Speedy evacuation of that place, Say last Sunday. I am Sir with Esteem and Regard your humble Servant, Saml. Huntington RC (DLC: Holker Papers). ' Holker's letter is not in PCC. 2 See the following entry.

Patot, and Raux

Gentlemen, Philada Octr 26th 1779 Your letter of the 13th instant I received last evening, have communicated the same to the Minister of France Le Chevalier de la Luzerne, & shall lay the same before Monsr. Holker the Consul of France at this Port & marine Agent, hope he will take the necessary Measures to relieve your present Distresses & procure you the necessary Supplies.(1) You may be assured of receiving all proper assistance & relief that these United States can afford their good Allies. I am with esteem & regard, your hble Servant, S.H. President LB (DNA: PCC, item 14). 1 Jean Landolphe, P. Patot, and Th. Raux were captains of three French vessels that had sailed from Cape Francois in August in convoy with the comte d'Estaing, but which were heavily damaged in a storm encountered on September 16, after which they had made their way to New London, Conn., on October 12. Their letter of explanation to Huntington, which the president enclosed with the preceding entry, is in the Holker Papers, DLC. Their plight is also discussed in another document in the Holker Papers, an October 14 letter to Holker from Thomas Mumford, Continental agent at New London. The three ships, Mumford wrote, "must be unloaded & have Large Repairs before they Can Leave this Port. I have informed them," he went on to explain, "I transact business for you here, & wou'd Render them any Service in my power.... Masts that they want I have by me, which are scarce here."

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James Lovell to Richard Henry Lee

Dear Sir, Oct. 26th. 1779 Your Favor of the 3d reached me early yesterday, & those of the 9th & 16th this morning by Col Loyaute. There are Letters of mine on the Road to you which will reach you with the Registers. By the by, I did not give the Printers, as I ought to have done, Extracts of those Books for Publication. I wish, for the Sake of a thorough Friend Col. Peabody that I could have in print or out that Passage where orders are given for more rigorous Treatment of us than formerly. I am so pressed now that I cannot give you Vouchers or Extracts but by Mr. Laurens I will aim to do it. I shall attend to what you say of the Post Office, And a Report is this Day in Train. (1) I hope the Office will have added to it all or most of the present Expenditures for Expresses; or rather, that the Office will be enriched with one twentieth Part of that enormous Sum. You must e'r this have heard of the Secretaries, and Joshua Johnson to examine accounts. But as Mr. Laurens is going to Holland I think he will be able, if directed to Scrutinize many Things in France also. I hear nothing from Mr. Jno A____ & Fr ____D yet. But if the latter refuses I understand that Gov. M. & Sr. J J (2)2 are desirous of filling that Vacancy or the principal one if J A refuses. I would even strive, therefore, for the 2d place. I hope I shall have more Leisure to write by next oppertunity. Yr, affectionate Friend & humb Sert, J L RC (ViU: Lee Family Papers). 1 The report of the post office committee had been submitted to Congress on October 23, when further consideration was postponed to "Tuesday next," which was October 26. According to the journals, Congress did not resume consideration of the report this day, but returned to the report on December 1. See Samuel Huntington to Richard Bache, December 2, 1779. 2 The persons referred to by Lovell are, respectively, John Adams, Francis Dana, Gouverneur Morris, and Sir James Jay.

Henry Marchant to William Greene

Sir, Philadelphia Octr. 26th. 1779. I was yesterday favoured with Your Excellency's Favour of the 12th Instant. I have with the greatest Pleasure communicated to Congress the spirited Measures which continue to be exerted by the Legislature, and by all Ranks and Degrees of the good People, of the State I have the Honor to represent. At the same Time I have not failed repeatedly to represent the Difficulties, grevious Expences, and peculiar Distresses, that State hath hitherto sustained. I shall make an Application for a further Supply of Monies on Account.

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But as all Supplies are in future to be expected from the States, Your Excellency will readily suggest how difficult it may be to procure such an Order from Congress. My most strenuous Efforts shall not be wanting, and I am confident there will not be wanting a Disposition in Congress to comply with the Request of the State, Yet I dare not flatter myself or the State, with any great Success.(1) I enclose your Excellency the Papers of the Weak. I congratulate You upon the prosperous Train of Affairs in Georgia.(2) The Count De Staing has however been detained longer than was hoped for, but We may expect in a few Days a happy Conclusion of Affairs there, and the Appearance of the Count, when if not before, I expect to hear that Newport is evacuated.(3) It will be a pleasing Circumstance that Wallace is at Length a Prisoner. The Enemy have destroyed their Works at Stony & Verplanks Points, and are hiveing themselves in New-York. I hope a Sulphurious Vapor will soon arise there, to their utter Destruction. I pray Your Excellency, present my Respects to the Honorable the Genl Assembly and assure that Respectable Body that I am Their & Your Excellency's most devoted, and obedient humble Servt, Hy. Marchant RC (R Ar: Letters to Governors). 1 On November 12 Congress authorized a $300,000 warrant for the Rhode Island legislature "payable out of their quota of the continental tax."JCC, 15:1260. 2 Marchant is referring to the Franco-American siege of Savannah, which ultimately failed. For further information on this venture, see Alexander A. Lawrence, storm over Savannah; the Story of Count d'Estaing and the Siege of the Town in 1779 (Athens: University of Georgia Press, 1951). 3 Although Congress had received notice from General Washington on October 25 that the British were preparing to evacuate Newport, Marchant was unaware that the evacuation of Rhode Island had actually been completed on the 25th. See John Fell's Diary, October 25 and November 5, 1779.

Marine Committee to John Beatty

Sir October 26th 1779 The enclosed Papers have been laid before this Committee by two Gentlemen (1) lately returned from captivity at the Island of Antigua whereby you will find that Americans are treated there with great severity. We request you will immediately apply to the British Commissary at New York on the subject of Exchanging our People who are Prisoners at that Island and use your utmost endeavors for Speedily Effecting the same. We [are] Sir, Your Hble Servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 Not identified.

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Marine Committee to Elisha Hinman

Sir October 26th 1779 I am Ordered by the Honorable the Marine Committee to send you the enclosed Extract from their Minutes approving of the sentence of the Court Martial held for your trial.(1) I am Sir Your Hble Servt, John Brown Secy LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 Capt. Elisha Hinman had been cleared of all charges against him stemming from the March 1778 surrender of the Continental ship Alfred. Morgan, Captains to the Northward, pp. 123-24, 154-55.

Nathaniel Peabody to Meshech Weare

My Dear Sir No. 7. Philadelphia Octor. 26th. 1779 I Shall for-bear, to attempt giving you a narration of proceedings in Congress further than to mention that I fear the large, nominal, Sums Calld. for, to defray the public expenditures, the ensuing year will be more than the people of New Hampshire will be able to pay, however as their Quota is one fifth less than heretofore, it may be a Temporary Easment to them. Sir you will perhaps Think it Strange when I asure you that if the States Should pay their Taxs. punctually at the Times perfixed, unless Something Can Speedily be done to reduce the prices of the Necessaries of life, regulate our finances, and retrench expences, The Treasury will Scarce be Supplied. The late Tragical Tumult in this City, was productive of Such Serious Consequences. The Committes have Since ceased their exertions to restrain the extortioner &c. whereby every article immediately doubled the price, which before was intolerable, to give you a Specimen, mens ordinary Shoes here are from 70 to 90 Dollars the pair, a yard of Cloth that formerly Cost from 13. to 15/0 Sterling per yd. is now from a 115 to £150 Currency per yd-and other things in proportion. How long, how long, Shall, or Can these things be Suffered or born with. These things, your prudence will forbid making Known, as the monopolizers & Speculators with you would avail himself of many advantages thereby. The last official News we have from Count D'Estaing is that he, with our Troops, had invested Savanah and were likely to be Successful &c-vid this days paper. The affair of Vermont is a matter of Serious Consideration for if I can Judge by present appearances, that District will finally be adjudged, either to N. Hampr. or N. York, and not to be a seperate Jurisdiction. It therefore becomes Necessary for the State of N. Hampr. to Exert every Nerve to prevent a State by her vast Extent of Territory, and Still Greater Claims, already Troublesome to her Neighbors and Tyranical to the last degree over all Such as are the unhappy victims

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of their resentment-from Extending Jurisdiction as to Circumvolve the State of New Hampr. However I rest assured that the wisdom of the General Assembly is Equal to the importance of the undertaking, and it might Justly be Stiled Arrogance in me to pretend to point out a mode of procedure for them. My worthy friend Genl Whipple is able to give the fullest account of the most material Circumstances, and I have no doubt but his opinion will be attended to. I imagine there is a Copy of a proposed act (1) respecting the Grants Sent forward to Some Gent in the State which I am far from thinking will Suit a N. Hampr Tast[e] if I can Judge of others by my own palate if Such a Draught Should appear. I beg leave Just to observe to you that it was hatched up by N.Y. and Consented to by Some who are better aquainted with N.Y. Air and Secret designs than I have the honor to boast of!! I Suppose the State of N. Hampr Competant without my particular direction to pass Acts, if agreable, per exactly to Comport with the Several resolutions of Congress relative to the Grants. The Situation of my private affairs is Such as makes it Exceeding difficult for me to Tarry here Longer than this fall; and by Some Innuendos lately dropt by_____ (2) here have reason to imagine he has been inform'd from Some of his friends, that my return home is Soon expected by the State-however that may be give me leave to assure you with that Sincerity which becomes the Noblest works of the Deity, that I have not a Secret wish to be Continued here, a Single moment longer, and hope Some Gentleman will be appointed to Take my place whose abilities may be adequate to the arduous Tasks, Not that I Should ever be unwilling to Serve my Country at any future period if I Should be So happy as to obtain their approbation. I am Dear Sir, your most obet. Humle Sevt, N. Peabody N.B. I will finish this Letter Next Time I have the Honr to write. RC (MHi: Weare Papers). 1 A copy of the "proposed act" drafted by John Jay had been enclosed in Woodbury Langdon's October 12, 1779, letter to Weare. See also Massachusetts Delegates to the Massachusetts Council, October 4; and Jay to George Clinton, October 5, 1779, note 1. 2 Peabody is probably referring to Woodbury Langdon, the other delegate from New Hampshire then in Philadelphia, whose relationship with his fellow delegates is revealed in the following letter, which he wrote to Peabody from Portsmouth on December 5, 1779, soon after he returned to New Hampshire. "Folsom setts off tomorrow for Congress." Langdon explained. "He goes in such a hurry I suppose least the new General Court who meet next Week might prevent him, as many Persons are very angry at the late scandelous management respecting you and myself and you may be assured that everyone of the Persons who I have frequently named to you in our conversations were principal Actors in that business and President Wear himself I am fully convinced was concerned in it notwithstanding his flattering Letters, also the Kingstown Gentleman [Josiah Bartlett] in particular, however our Friends have made such movements that I fancy those Gentlemen are

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very sick of the matter. I am very glad to find that all my Friends have exerted themselves as much for you as they have for me and we all desire that you will not think of leaving Congress untill next Spring and I wish that the situation of my Family had been such as to have permitted me to have remaind with you untill that time in which case I would have made Folsom appear in a very rediculous light as I dare say you will. You may expect now that you will have Letters from those Gentlemen who used to write you & from others in order to apologize for what is past and to desire you to take notice of Folsom & to introduce him &c that he may thereby be enabled to answer their designs in sending him, that he may be acquainted with what business has been done or may be doing &c in order to communicate it to them, but I trust that after such intollerable treatment & from those who you expected were your Friends that you will not pay any regard to any such recommendations nor take the least notice of Folsom in any respect whatsoever, but let him stand upon his own legs and be answerable for his own folly. I should be sorry even to hear that you both live in one House. As I have but just got home have not been able to procure the Votes you desired to send at this time but will take care to send them by next, notwithstanding the Letter which we received from Coll. Wear before I left you, he has ackowledged to me that it was the design of those Persons who promoted the Choice of Genl. Whipple & Folsom thereby to superceed you & myself. I have not time to go into any further particulars at present but shall endeavour to inform you of every thing worth notice by every oppertunity and shall take care that no injury happens to you that I can prevent. Let me desire that you would not fail to inform me of every thing that transpires by all means by every Post, especially of foreign affairs, if any offers for Peace and every thing else worth knowing. I hope you will always attend in the morning at reading the Dispatches and give me every material Intelligence. You may be assured that whatever you communicate to me in confidence will remain, which is what I shall expect from you." Miscellaneous Manuscripts, DLC. For additional information on Langdon's relations with New Hampshire leaders, particularly "the Kingstown Gentleman," Josiah Bartlett, see also William Whipple to Bartlett, August 10, 1779, note 1.

Nathaniel Scudder to John Stevens

Dear Sir,(1) Philadelphia Octobr. 26th 1779 Being informed that you are again elected in Council, and presuming you will again preside therein, and consequently in all Probability be reelected to the Chair of the Joint Meeting, I presume to write to you on a Subject, which I know requires the greatest Delicacy, however my peculiar Circumstances and Feelings impel me to it; and I will freely rely on that Candor for which you are so distinquished, and that Friendship which I flatter myself you entertain for me, in the Use you shall make of this Letter; only requesting, that if any Person shall nominate me at the ensuing Election & persist in it, you will read such Part of it in joint Meeting, as you think will prevent my being at all balloted for-for, my Dear Sir, I think it would be equally hard on an old faithfull Servant to be balloted for, and, on Account of his particular Friends kindly withholding their Votes, loose the Election; or, after his earnest Sollicitations, to be excused from further public Service, to be elected and from the Peculiarity of his Circumstances compelled to decline the honor. I will only further entreat you to be assured, that this Address is not from a Presump-

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tion that I should be again elected or even nominated; was it not for the partial & unmerited Attachment of some of my Friends; with whom I have conversed; more especially as I am daily more and more convinced of my great Unfitness in evey Respect (except in Point of Integrity and Application) for this arduous Task; and that there are many Men to be found in the State more equal to it. I now proceed to state my Circumstances freely to you, & I am not ashamed of them. I early entered into this Contest, firmly resolved never to retire from such Service as my Country should call me to, untill the Liberties of my Country (dearer to me than Fortune or Life) should be firmly established, or untill real Necessity should compel me to it. This Resolution was finally the only proponderating Circumstance in Favor of serving in Congress the last year, when I gave Way to the pressing Instances of many of the Members of our Legislature, and hardly was induced to Promise them that if I was again honored with the Delegation, I would devote as much of my Time to it as possible. This I have done, and beyond my Expectation shall be able nearly or quite to compleat my Quota of Attendance. This has added so much to the Reduction of the small remains of my private Fortune, to the Distresses & Uneasiness of my Family, to the Injury of my Childrens Education, that another Year's Attendance here would be ruinous. The following Declarations are made on the Veracity of an honest Man. First. I have during my public Service, for more than five years past, sunk much the greatest Part of my private Fortune, & do not repent it. 2dly. I have almost totally sacrificed a lucrative Business, by which and other Ways & Means I might have reputably made great Additions to it. 3dly. I have been under the Necessity ever since my Delegation to Congress and on Account of the Narrowness of my own Circumstances, to live in a Stile, in my own Opinion, really beneath the Dignity of a Representative of a free & independent State, and very very much below the Stile of the Delegates of most other States, having never been able to keep a Servant, and seldom a horse since I left Yorktown, and I believe the other Delegates of the State are in the same predicament.4thly. All the Wages I ever have received, or am to receive since my first Election into the Council of the State have little if any more than half paid for my Food & Raiment with other small contingent Charges, and I am ready at any Time to submit my Frugality and (Economy to the strictest Scrutiny. Indeed I must confess that I am much mortified when I reflect that the State has never to my knowlege given a public Dinner, nor have I myself in three Instances been able to invite half a Dozen of my most select Friends to a neat Family Dinner at my Lodgings notwithstanding innumerable Instances of Invitations from Members of Congress & other Gentlemen. I say not these things as the least Reflection on my Constituents, or under an Expectation of any further Compensation than my legal Wages for my past Services, but sincerely for the Benefit of the State, least that same Necessity,

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which now compels my Declination, may soon occasion other faithful Servants to retire from it's Service; when possibly their Places may be filled by ambitious designing Men or by others, who being Persons of like contracted Fortunes with myself may not perhaps so fully withstand those powerful lucrative Temptations, which here surround us, as I firmly boast I have done. I am sorry I have it not in my Power to copy this Letter; such as it is it must go, please to preserve it carefully till I see you. I am Dear Sir in greatest Haste, as Congress hour is arrived, but with great Respect & Esteem Your Friend & Hble Servant. Nath. Scudder RC (NjHi: Stevens Papers). 1 Stevens is identified in these Letters, 1:331.

John Fell's Diary

Wednesday Octr. 27th [1779]. Coml Committee. Congress. Several Memorials, Letters & Reports from Board of War and Treasury. A Report from the Medical Committee for further Provission for the Director General, Surgeon, Phisicians &c in the Army for Subsistance, Cloathing &c. MS (DLC).

Alexander Hamilton

Gentlemen, Philada Octr 27th 1779 I am favour'd with your letter of yesterday also one from Colo Hamilton of the 19th instant.(1) I have not receiv'd any official or particular intelligence from the Count D'Estaing or the Southern Army since you left this City. The enclos'd papers contain all the information I am able to give you either from the southern, northern or eastern Armies. I am with esteem & regard your hble Servt. S.H. Prest LB (DNA: PCC, item 14). 1 Neither of these letters is in PCC. Gen. Louis Le Begue de Presle Duportail, commandant of the Continental corps of engineers, and Lieutenant Colonel Hamilton had been dispatched by Washington to Lewes, Del., to confer with the comte d'Estaing on the subject of combined Franco-American operations when the French fleet reached northern waters. Although Washington was disappointed in d'Estaing's failure to appear as anticipated, his correspondence with Congress, d'Estaing, and Duportail and Hamilton on this subject can be followed in Washington, Writings

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(Fitzpatrick),16:428, 441, 453-54, 483-84, 17:4-6, 28, 55-56, 93-94. See also Marine Committee to Henry Lee, October 29, 1779; and Freeman, Washington, 5:136-38.

Samuel Huntington to James Wilkinson

Sir Philada. October 27th 1779 You will herewith receive enclos'd an act of Congress of this date, ordering that a warrant issue on the Commissioner of the continental loan Office in the State of New York in your favour for fifty thousand dollars and as it seems uncertain who may be the Person that shall discharge the warrant at the time of payment, you will observe you are to inform the board of treasury of the name of the person who may discharge the same.(1) I am Sir your hble Servt. S.H. President LB (DNA: PCC, item 14). 1 For Congress' order authorizing Clothier General Wilkinson to collect $50,000 from the Continental loan office in New York "for the use of the hide department," which Wilkinson had requested in a letter to Congress of October 16, See JCC, 15:1211.

John Fell's Diary

Thursday Octr. 28th. 1779 Coml Committee. Congress. After the dispatches, A Report from the Marine Committee was taken up to Establish a Board of Admiralty consisting of 3 not Members of Congress as Commissioners & two Members of Congress wth a Secretary. Sallery of the Commissioners 14000 Ds Per Annum and Secretary 10,000.(1) MS (DLC). 1 For the establishment of the Board of Admiralty, see John Dickinson's Notes, September ?, 1779, note 1; and Samuel Huntington to Thomas Waring, November 27, 1779.

Samuel Holten's Diary

[October 28-29, 1779] 28. Thursday, It is said the enemy have done sum damage in the Jersey's. 29. Friday Congress spent part of the day considering the Indiana affairs.(1) MS (MDaAr). 1 For Congress' consideration of the "Indiana affairs," see John Fell's Diary, September 14, note 1; and Samuel Huntington to the States, October 30, 1779.

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Samuel Huntington to John Rutledge

Sir, Philada Octr 28th 1779 You will receive herewith enclos'd an Act of Congress of this date authorizing the board of War to purchase a quantity of leather in the State of South Carolina & draw upon the Governor of that State for such sum as may be necessary to pay for the same & requesting the monies may be advanced out of the taxes raised on Continental Account. (1) I have the honour to be with sentiments of Esteem your Excy's hble Servt, S.H. President LB (DNA: PCC, item 14). 1 For this resolve and the report of the Board of War on the "scanty supply of leather" available in the northern states, See JCC, 15:1215 16; and PCC, item 147, 2:547-50.

John Dickinson to Caesar Rodney

Sir, Philadelphia, Octr. 29th, 1779 I recd. yours of the 27th this Day, and have this Moment communicated its Contents to Congress, who have referr'd an Extract to the Treasury. (1) I have not yet been able to procure a Report from that Board, tho I have sollicited them every Day, on the recruiting Business which was referr'd to them some time ago, as I informed You. I have applied to the Delegates of Maryland &c for Information concerning the Terms on which the Supply recommended by Congress should be obtained-but they can say Nothing on the Subject. It is expected each State will manage the Business with a laudable Competition for Frugality. I write this Letter in Congress. This Instant We receive Advice, which seems to come in a very good private Way from the Fleet at New York-that there has been a severe Engagement in Europe between the combined Fleets of France & Spain & that of Britain, in which the latter was defeated & oblig'd to retreat into Harbour- That in this Battle the Ardent, Admiral Gambier, went to the Bottom with Colours flying. I am, Sir, your very hble Servt. John Dickinson [P.S.] I shall be obligd to You for sending the inclosed as directed. RC (NN: Rodney Letters). 1 On October 9 Congress had requested that Delaware, Maryland, and South Carolina purchase flour and rice for use of the army, for which see Delaware, Maryland, and South Carolina Delegates to Thomas Johnson, October 9, 1779. In his letter of October 27, Rodney informed Dickinson that "an account of the monies" in the

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Delaware treasury made it unlikely that "the Quantity of Flour recommended by the Delegates" could be purchased "from that Quarter." By December 21, however, Congress ordered an express sent to Delaware requesting the state to procure "as much flour as can be obtained within their State, the necessities of the army calling for their immediate and most strenuous exertions."See JCC, 15:1151, 1157, 1219, 1399; and Rodney, Letters (Ryden), p. 324.

John Fell's Diary

[October 29-30, 1779] Friday 29th. Coml Committee. Congress. After the dispatches &c were Read, the Committee to whom was Referrd the Memorials of Col Morgon and Coll Treat (1) Respecting Lands claimd Per Virginia brought in a Report, which Virginia objected to on which a long debate ensued. PM Marine Committee. Saturday 30th. Coml Committee. Congress. Resolved to Reccomend to the State of Virginia not to dispose of any unlocated Lands &c.(2) MS (DLC). 1 That is, George Morgan and William Trent. 2 See Samuel Huntington to the States, October 30, 1779.

Samuel Huntington to George Washington

Sir, Philada October 29th 1779 I am honour'd with your favours of the 21st instant, and have the pleasure to transmit your Excellency the enclos'd Act of Congress of the 27th instant pass'd in consequence of the intelligence contain'd in your letter from Colo Broadhead.(1) I have the honour to be, with the greatest respect, Your Excellencys hble servt, S.H. President (2) LB (DNA: PCC, item 14). 1 Washington's October 21 letters to Congress are in PCC, item 152, 8:123-26, 131 32. For the extract from Col. Daniel Brodhead's September 16 report on his recent expedition from Pittsburgh against the Indians and Congress' vote of thanks to Brodhead and his men "for executing the important expedition against the Mingo and Muncey Indians, and that part of the Senecas on the Alleghany river," see ibid., fols.135 - 37; and JCC, I 5: 1212 - I 3. Huntington also transmitted this resolve in a brief letter of this date to Colonel Brodhead. PCC, item 14, fol. 216. 2 Huntington also wrote the following letter this day to John Lawrence, Continental loan officer for Connecticut. "You will herewith receive enclos'd an act of Congress of this day directing you to pay unto the Executors or administrators of John [Hotchkiss] deceas'd two hundred and seventy dollars in full for the Certificate by you given in his lifetime as mentioned in the Act of Congress and for the reasons therein assigned." See PCC, item 14, fol. 215; and JCC, 15:1219.

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Marine Committee to Henry Lee

Sir October 29th 1779 Captain Patrick Dennis being employed to wait the Arrival of the Count D Estaings fleet off the Hook and being a Gentleman in whom we have the greatest confidence. We request that you will Afford him every Assistance in your power to enable him to make the necessary Observations before the Appearance of the fleet.(1) We are Sir, Your Hble servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 Maj. Henry Lee had been ordered by General Washington to take up post in Monmouth County, N.J., "as near the coast as you can," to await the arrival of the comte d'Estaing. Washington, Writings (Fitzpatrick), 16:278-80.

Samuel Huntington to Henry Laurens

Sir Philadelphia, Octor 30th. 1779 You will herewith enclosd receive a Commission & Instructions of this date Authorizing & directing you as Agent for these United States to Negotiate a loan not Exceeding Ten Million dollars on the Terms therein Specified and directed.(1) I have the Honour to be, with the highest Regard, your humble Servant, Saml Huntington President RC (PRO: C.O. 5, 43). This is one of a number of documents taken from Laurens when he was captured off Newfoundland en route to Europe, September 3, 1780. 1 For Laurens' commission, See JCC, 15: 1230,1235-36. For his instructions, see the following entry.

Samuel Huntington to Henry Laurens

Instructions to the honorable Henry Laurens Esqr. Agent appointed to negotiate a loan for the United States of America.(1) Sir [October 30, 1779] You will herewith receive a commission Appointing you agent for and in behalf of the United States of America, to negotiate a loan: And you are instructed to borrow a sum not exceeding ten million dollars at the lowest rate possible not exceeding six percentum per annum. You are empowered to employ on the best terms in your power some proper mercantile or banking house in the City of Amsterdam or elsewhere in the United Provinces of the low countries to Assist in

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the procuring of loans, to receive and pay the money borrowed, to keep the accounts and pay the interest. You are also empowered to pledge the faith of the United States by executing such Securities or obligations for the payment of the money as you may think proper, And also that the interest shall not be reduced, nor the principal paid during the term for which the same shall have been borrowed without the consent of the lenders or their representatives. You are directed to give notice to Congress, of any loan made by you or under your authority, and to direct the house by you employed to accept and pay the bills of exchange which may be drawn under the authority of Congress. Done in Congress this thirtieth day of October in the year of our Lord one thousand seven hundred and seventy nine, And in the fourth year of our Independence. Saml Huntington President RC (PRO: C.O. 5, 43). In the hand of George Bond, attested by Charles Thomson, and signed by Huntington. See also the preceding entry. 1 For Laurens' appointment as "a proper person to negotiate a loan in Holland," and the drafting (by Gouverneur Morris), evolution, and adoption of these instructions, See JCC, 15:1186, 1196-98, 1210-11; and PCC, item 25, 1:169 72. For additional information on Laurens' interest in the negotiation of a Dutch loan, see also Laurens to Jonathan Trumbull, Sr., September 26 and October 19, 1779.

Samuel Huntington to the States

Sir Philada October 30th 1779 You will receive herewith enclos'd an Act of Congress of this date earnestly recommending to the State of Virginia to reconsider their late Act of Assembly for opening their land Office. And to that and all other States similarly circumstanced to forbear settling or issuing warrants for unappropriated lands or granting the same during the continuance of the present war. (1) I am with Sentiments of esteem & regard your Excys hble Servt, S.H. President LB (DNA: PCC, item 14). The RCs of this letter are designated "Circular." 1 For this October 30 resolve, adopted in response to the protests of the proprietors of the Indiana and Vandalia land companies against Virginia's recent land office act, See JCC, 15: 1223-24, 1226-30; and John Fell's Diary, September, 14, 1779, note 1. Virginia's decision to promote settlement of its unappropriated lands, in part a tactic to undermine Maryland's resistance to ratifying the Articles of Confederation, was viewed with concern by most of the delegates outside of Virginia and North Carolina as productive of "great mischiefs" and a threat to the unity of the states "against the common enemy." The origins of her 1779 land office act have been analyzed at length in Jefferson, Papers (Boyd),2: 133-38; and Mason, Papers (Rutland), 1: 408-9. For Virginia's response to this appeal "to reconsider their late [land office] Act," see Virginia Delegates to Benjamin Harrison, November 2; and Mason, Papers

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(Rutland), 2:549-50. For other aspects of Congress' concern over Virginia's western land claims and the expansion of settlers into the region, see also North Carolina Delegates to Richard Caswell, November 4; and Huntington to Thomas Jefferson, November 9, and December 30, 1779.

Committee of Congress to William Livingston

Sir Philadelphia 1st Novemr. 1779 The Commissary General of purchases has Orders to contract for a Supply of Flour for the Current Year, not to exceed two hundred thousd. Barrels on the most reasonable terms-Of this quantity it is expected your State will furnish twenty thousand Barrels.(1) The exhausted Condition of our Magazines and the pressing wants of the Army call for the vigourous Exertions of the powers of your State to aid & facilitate Col. Blaine Deputy Commissary General of Purchases (who will wait on your Excellency with this) in supplying the Necessities of the Army with Bread & preventing the most disagreeable Consequences. Your knowledge of the public wants & your known Zeal in promoting the Common weal supercedes the necessity of mentioning any other Consideration to engage your attention & Influence. I am in behalf of the Committee of Congress on the Commissary & Quarter Master Genls. Department, Your Exellencys Most Obedt. & most Hble Servt. Jesse Root RC (MHi: C.E. French Collection). In a clerical hand and signed by Root. 1 Root wrote a nearly identical letter this day to Pennsylvania president Joseph Reed, with the notable variation that Pennsylvania's quota was "seventy thousand Barrels." Pa. Archives, 1st ser. 7:774.

Committee on Appeals Decree

November 1st 1779. Stephen Cleavland Lib[ellan]t & App[ell]ee > Appeal from vs. The Ship Valenciano her Cargo &c. > the State of Joachim Luca Claim[an]t & App[ellan]t > Massachusetts Bay (1) We the Commissioners appointed by Congress to hear, try and determine all Appeals from the Courts of Admiralty of the several American States to Congress having heard and fully considered as well all and singular the several Matters and Things set forth and contained in the Record or Minutes of the Proceedings of the Superior Court of Judicature, Court of Assize and General Gaol Delivery began and held at Boston in and for the County of Suffolk on the last Tuesday of August Anno Domini 1779 in the above Cause as the Arguments of the Advocate of the respective parties to the above

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Appeal do thereupon adjudge and decree that the Sentence of the said Superior Court &c. passed and published in the said Cause be in all its parts confirmed and established Save and except only as to the Goods, Wares, Merchandizes, Matters and Things mentioned and contained in the several Bills of Lading exhibited in the said Cause and marked, numbered and containing as follows to wit: No. 1. 120 Pipes of Olive Oil; No. 3. two Barrels of Cochineal marked , no. 2 & 134; No. 5. two Barrels of Cochineal marked JTC; No. 6. five Barrels of Cochineal marked JTC, no. 1012-1016; No. 9. 8 Barrels of Cochineal marked MC, no. 1-8; No. 11. 12 Barrels containing twelve Zurrons (2) of Cochineal marked MS, no. 1-12; No. 13. four Barrels of Granilla marked JPL, no. 1-4, No. 15. nine Zurrons of Indigo, one Case of Saffron, and one Packet containing Samples of Indigo marked *,(3) no. 42-51; No. 22. five pipes of Sherry and seven half pipes of Red Wine marked , no. 1-7, 7 Medn.; and No. 27. One half pipe and one quarter Cask of Sherry Wine marked LM. All which said several Goods, Wares, Merchandizes, Articles and Things mentioned and contained in the said Bills of Lading & in Rapallos Invoice Marked *3 and in the Schedule exhibited by the Boatswain of the Ship particularly set forth and described by their several Marks and Numbers We do adjudge and decree be forthwith restored and redelivered unto Joachim Luca the Claimant and Appellant abovenamed his Agent or Attorney to and for the Use of himself and others on whose behalf he claims and appeals And we do further adjudge and decree that the party Appellee pay unto the party Appellant eleven hundred Dollars for his Costs and Charges by him expended in supporting and sustaining his said Appeal &c. Hy. Marchant Jas. Mercer Jesse Root Cyrus Griffin MS (DNA: RC 267, case no. 58). In a clerical hand, and signed by Griffin, Marchant, Mercer, and Root. 1 A jury of the Massachusetts Court of Admiralty for the Middle District had awarded the ship st. Francisca de Paula, alias Valenciano, and most of her cargo to Stephen Cleveland, merchant, and Capt Hugh Hill, commander of the privateer armed ship Pilgnrn. On February 21, 1779, captain Hill had captured the Valenciano, commanded by Peter White, on the high seas as the ship was bound to Cadiz from London. Joachim Garcia de Luca, former captain and "owner" of the Valenciano, argued that the ship had been sold to him on June 5,1778, in Cadiz. Nevertheless, the jury found on April 6,1779, that the ship and most of her cargo were English but that some of the goods were Spanish and therefore not subject to seizure. Cleveland and Garcia de Luca both appealed to the Massachusetts superior Court of Judicature where the lower court was upheld. Captain Garcia then appealed to congress, where the case was referred on October 9, 1779, to the committee on Appeals. The committee in this decree affirmed the decision of the state court, except for the goods listed therein which were decreed to be Spanish property. see case file no. 58, RG 267, DNA; and JCC, 15:1159. For further information on congressional involvement in this case, see John Jay to Conrad Alexandre Gerard, April 25 and May 24,1779. 2 That is, a small leather bag, or provision-bag.

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3 Asterisk substituted editorially for the intricate symbol drawn by the committee s clerk at this point in the MS.

John Fell's Diary

Monday November the 1st. 1779. Coml Committee. Congress. The Instructions & Commission for Mr Laurens, his Sallery £1500 Sterlg. and a Secretary £300 Sterlg. Dr Wetherspoon gone home. MS (DLC).

Samuel Huntington to John Connolly

Sir Philada Novr 1st 1779 You will receive enclos'd an Act of Congress of this day: authorizing the Commissary General of Prisoners to exchange you for any Lieut. Colonel in the Army of the United States who is now a Prisoner to the enemy.(1) I am Sir your hble Servt, S. H. President LB (DNA: PCC, item 14). 1 For this resolution and the recommendation of the Board of war that Connolly be exchanged, See JCC, 15:1231; and PCC, item 147,2:557-60. Although the proceedings of congress contain no further mention of Connolly, whose case had long troubled prisoner-of-war negotiations, his exchange was still not effected until October 1780. some of the principal developments in the case can readily be followed in the correspondence of the commander in chief. Washington, Writings (Fitzpatrick), 18:324 25, 328, 19:16, 69, 160-61, 436, 20:69, 136, 218.

James Lovell to John Adams

Dear Sir Novr. 1st. [1779] Your Favor of Octr. 17th came this day to hand by the Post and contains such flattering Sentiments in regard to my subserving Your Mission as almost to intoxicate me into a Wish that I had not spurned much personal Honor and family Emoluments in pursuing a comparitively evident public Interest. But, nearly drunken as you have made me, depend upon it I am sober enough to distinguish between the Champaign with which my Regale began and the adulterated Cup which you hold out to me while you pledge yourself, in Case of future Correspondence, not to be in debt more than by the Difference in the intrinsic Value of the Letters will be unavoidable. Let me ask where you learnt such Language. It is not roman, it is not even french, and I am sure it is not such english as you were accustomed to

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talk before you travailed into strange Countries. Be that as it may, un peuegare, you recover your whole Self again shortly after, in the Affair of Mr. Iz.(1) I shall pursue yr. Injunctions. I sat about giving you some Idea of the Temper of Congress as to the Ultimata by extracting the Propositions & offered Amendments (2) but I found myself soon bewildered. You may by a little Conversation with our Friend SA (3) know more than a great deal of my Fatigue in the Way mentioned would convey. In short the great Difference sprung from our varying Quantum of Obsequiousness to the Dictations of a Foreigner as they were retailed to us through the mouths of either Fear or Roguery, and not from our being wide of each other in Opinion of our Rights, if we were in Condition to assert them or if our Ally would consent to join in a determined Assertion. But this said some must be quite on new Ground and not on the subsisting Treaties, for the whole End of these is the Assurance of our Independence formally or tacitly. And France to be sure would never think, at least would never insist that a common Right in the Fishery was included in our Independence in Matters of Commerce. For if this should be done, the Principle established would let in other nations which France & England would both chuse not to do. I am greatly pleased with the Confirmation by yr. travailed Experience to Sentiments springing from my own natural Temper-That the way to insure the lasting Regard of France is by showing independant Virility instead of colonial Effeminacy. Novr. 2d. The Bearer unexpectedly calls me to seal. I see my Correspondence with Portia is all over. She cannot write because I should see the mark of the Tear on the Paper. Heaven bless you both. J.L. [P.S.] I do not think it will be easy for me to send you the Vols. you wish by Way of Boston but if you can borrow a few Sets there I will be upon Honor to repay them as Oppy. serves and I will attend to chances from this River but I cannot promise 20 Setts. ENCLOSURE reported Feby. 23d. 1779 3d. That a Right of fishg. & curing Fish on the Banks & Coasts of the Island of Newfoundland equally wth. the Subjects of France & Gr. Br. be reserved, acknowledged and ratified to the Subjects of the United States. Others agreed to in Lieu. 4th. That the Navigation of the River Miss. as low down as the southern boundy. of the U.S. be acknowledged & ratified absolutely free to the Subjects of the U.S.(4) 5. That free Commerce be allowed to the Subjects of the U.S. with some Port or Ports below the southern boundary of the said States

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on the River Miss. except for such Articles as may be particularly enumerated, and In Case the Allies of these U.S. will agree to support them in such claims by continuing hostilities, then to insist that Nova Scotia & its dependencies be ceded to the Und. Sts. or declared independent.(5) March 22d. 3d. Article as amended by the comtee. of the whole. That a common right in these States to fish on the coasts, bays & banks of Nova Scotia, banks of Newfdld. & Gulph of St. Laurence, coast of Labradore & Straights of Belle Isle be acknowledged, and in case of refusal that the war be continued unless the circumstances of our Allies shall be such as to render them utterly unable to assist in the prosecution of the war, in which case as ample priviledges in the fishy. be insisted on as can possibly be obtained: That in case Gr. Br. shod not be prevailed on either to cede or declare N Scota. independent the Priviledge of curing Fish on the Shores and in the Harbours of N Scotia be required. In Lieu of which a Substitute was moved by Mr. Morris as follows. That an acknowledgmt. be made by Great Br. of a common right in these States to fish on the coasts, bays & banks of N. Scota. the banks of New foundld. & Gulph of St. Laurence, the Coasts of Labradore & Straights of Belle Isle, & a Stipulation for the Right of curing fish on the shores of N Scota. provided always that the Allies of these States shall be in circumstances to support them in carrying on the War for such acknowledgement e stipulation; but that in no Case by any Treaty of Peace the common right of fishing as above described be given up. This Substitute being adopted, a Motion was made & carryed to strike out the markd Words. Questions were put on the parts & carried in the Affirmative. March 24th 3d. Article as amended & passed the 22d reconsidered a motion made by Burke to strike out all after "to fish," as far as "provided" and to insert "on all & singular the fishing banks to the eastward of the island of Cape Breton and of N Scotia which by the Treaties of Utricht & of Paris were ceded to the Kg of Gr. Br. in Exclusion of the Subjects of France." A motion by R H Lee 2d by Col. Dyer as a Substitute. That the Right of Fishing on the Coasts and Banks of North America be reserved to the United States as fully as they enjoyed the same when subject to the Kg of Gr. Br. excepting always what shall have been excepted by the Treaty of Paris between France & the U.Ss. the whole to be explained by the Treaties of Utrecht and of Paris with Gr. Br. And of Paris with the United States of America. Carried in the affirmative as a Substitute, and in Lieu of the Article passed on the 22d and the Amendmt. proposed by Mr. Burke.

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On the 24th of March a proviso was moved on the Mississippi Business by Burke, 2d by Drayton "provid that the Allies of these United States shall declare themselves in circumstances to afford effectual assistance for carrying on the War until the said acknowledgement & ratification shall be obtained." Pased in the Negative. Question on the main passd. in the negre. Since which a free Navigation is insisted on, perhaps it will delay the proposed Treaty with Spain. RC (MHi: Adams Papers). Enclosure (MHi: Adams Papers). In the hand of Lovell and endorsed by him: "Extracts respectg. Fishery." Endorsed by Adams: "Mr. Lovel. Novr. 2. recd on Board Le Sensible Novr. 17. 1779. Debates and Votes about the Fisheries and the Missisippi." 1 That is, Ralph Izard. 2 See enclosure. 3 Samuel Adams. 4 In the margin beside this paragraph Lovell had written: "Mar. 24. disagreed to, vid 3d page." 5 In the margin beside this paragraph Lovell had written: "lost June 17."

Nathaniel Peabody to William Whipple

My Dear sir No. 5. Philadelphia 1st of Novr. 1779. I have the Honr. to acknowledge the receipt of your agreable favour of the 18th ulto. which Just came to hand per Post.(1) Tho your leaving Congress, was to me a very disagreable occurrence, and I exceedingly regret, being deprived of your Company, and assistance at this difficult and Critical Period, which, your Long Absence from home, and our Political Situation being so Circumstanced at that time, you Judged was a Necessary Event. Yet give me leave to assure you, the information of your Safe arival at Portsmouth has ministred no small degree of Solace to my mind, for I had been much Concerned lest the fatigues of the Journey, would have increased Some disorders you were Subject to. However as you give me no hint of that kind-expect the Tour might have the Contrary Effect-and hope you found Mrs. Whipple and all Connections in the most agreable Circumstances. In my letter No. 3 dated the 12th ulto.(2) I inclosed a Sketch, of proceedings on foreign affairs, Containg the most material Circumstances and facts relative to Some Congressional determinations upon the Great and fundamental Doctrines of Election & Reprobation, At the bar of which Tribunal it was Solemnly adjudged that no Patriotic efforts in the Cause of the Country, No Acts of Political or Relegious Virtue, Could be Esteemed Meritorious-When to the utter distruction and Reprobation of an honest man,(3) a faithful Servant, of the Public, One of the most perfidious of the Whole Tribe of Jesuits whose sole

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views had been to divide the Councils of America, Bannish a Spirit of Republicanisim from her Sons, to introduce and Establish a General Aristocracy, or perhaps the domination of a British Tyrant, And who had wholly Joined himself to Idols, (and ought to have been let alone) was Elected to a most important office, Taken into the Bosom of the Beautiful, once Chast, Virgin, America there like a Vulture to prey, without Controul, upon her Vitals. These transactions, My friend, however orthodox they may be, are Malancolly Consideration. Thus Stood our foreign affairs till about the 21 of Octr. when it was resolved according to a previous order of the day to proceed to the Election of a Proper Person to Negociate a Loan with Holland &c. The Gentlemen in nomination were the Hone. H. L s and J. A s.(4) The Tall man from N.Y.(5) who, in Your hearing, has often offered to Sell his Vote, upon the Decission of important Matters, for a Pinch of Snuff, from first, to last in this affair, took every method to make the Appointment, and mode of Conducting it, so far as it could respect those Gentemen indellicate and disgustful-and I imagine with intent to Get rid of them both, by their refusing to accept any Public appointment, in order to make room for himself. Upon taking the Ballots they stood thus, viz N.H, M.B, R.I, NJ, P a, V , N.C, & S.C, were for Mr. L , and Ct, N.Y, & M.L. for Mr. A !! So Mr. H. L s was Elected agent to negoicate a Loan with the United Provinces in the Low Country &c for a Sum not exceeding 10 miln of Dollars, at a rate not to Exceed (6) per Cent per Anm. interest-Thus much for this time on that head. According to the order of the day Novr. 1st proceeded &c and Mr. H.L s was unanimously Elected Commissr. to negociate a Treaty of Amity and Commerce with the United Provinces in the Lower Countrys.6 After Long debates &c &c-yeas & nays &c. his Salary was fixed at 1,500 Stirling per anm. for Service & Expence-with liberty to appoint a Secretary with a Salary not to Exceed £300 Sterling per anm. I hope youll excuse these Pedling Sort of letters when I inform you that in order to keep up the Correspondance which is so agreable to me I am obliged to write in this way for want of intelligence that might be more agreable to you. The Most of the lies of the day are in the papers. Adieu my dear Sir, and believe me to be most Sincerely your friend and very Humble Servt, Nathl Peabody NB. It is very late therefore youl please to over look blunders. RC (Capt. J. G. M. Stone, Annapolis, Md., 1973). 1 In his October 18, 1779, letter to Peabody, Whipple had asked for details on the selection of foreign ministers. Roberts Collection, PHC. 2 Not found. 3 That is, Arthur Lee. 4 Henry Laurens and John Adams.

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5 That is, Gouverneur Morris. In a November 22 reply to this letter, Whipple made the following comments about Morris and "swiveled Eyed' James Duane, and their possible impact on the "Vermont business." "The tall Boy will not be hereafter troublesome to you as I hear he has no longer a seat in a Room where he has at least shewn a disposition on some occasions to perplex business. I could wish another person whose heart in my opinion is much more mischeviously inclined had also been droped, their swiveled Eyed genious will give much trouble in the Vermont business. I Understand your Colleague intends soon to leave you, but you will not be long alone as Genl. Folsom will set out within a fortnight. I hope you will continue where you are till the Vermont business is compleated. Mr. Livermore is appointed to prosecute the Claim of N. H. but by what I can learn is not to have a seat in Congress." Roberts Collection PHC. 6 Neither the nomination of John Adams nor the vote on Henry Laurens' election is recorded in the journals. See Samuel Huntington to Laurens, October 30, 1779.

Jesse Root to Oliver Ellsworth

Dr Sir Philadelphia Novr. 1st. 1779. I recd your favours of the 13 & 17th ult. with one Inclosed to Mr Wilson which I delivered. This day recd yours of 25th, with the inclosed paper & thank you for the Communication. Our delegation is out this day & we are not Informed of any New appointment. Conclude the State dont mean to be without a delegation in Congress, (1) Shall be glad to be at liberty to return home however at any rate shall leave Congress the latter end of this Month & depend you will releive me as I conclude you will be reappointed altho, you have Modestly omitted your own name in the Votes for Nomination....(2) From your Obedt. humble Servt. Jesse Root. P.S. Mr. Laurence is appointed to go to Holland to negociate a loan & settle a treaty of amity & Commerce. This letter I opened after it was sealed. Tr (DLC: Burnett Collection). Extract made for Edmund C. Burnett from William B. Sprague Collection, Congregational Library, London. Addressed: "To Oliver Ellsworth Esqr., at Hartford In Connecticut. per Mr. Cushman." 1 The expiration of the Connecticut delegates' credentials left Congress without its president, Samuel Huntington, and also deprived Connecticut of its vote in Congress. Unable to do business on November 2 and 3, Congress resumed work on November 4 with Secretary Thomson substituting for Huntington. Connecticut delegates did not vote and Huntington did not return to the president's chair until November 10 when, according to Root, "By several letters recd. we were able to satisfy Congress of our right to sit in Congress." Root to Jonathan Trumbull, November 12, 1779. The credentials of the Connecticut delegates, extending their authority to March 1, 1780, were read in Congress on November 24. See JCC, 15:1236, 1254, 1301; John Fell's Diary, November 2-3, 4, and 10; and

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The transcriber here omitted an unknown number of words.

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John Fell's Diary

[November 2-3, 1779] Tuesday Novr 2d. Coml Committee. This day a doubt ariseing whether the Connecticut Delegates could set after the first Monday in this month, and not being Members sufficient without them no Business was done.(1) Wednesday 3d. Coml Committee.(2) This day no Business done for the reasons mentiond Yesterday. MS (DLC). 1 See the preceding entry, note 1. 2 This day the committee forwarded a second copy of an earlier letter to Oliver Pollock to which they attached a second postscript explaining that they had just paid $1,500 to Joseph Conand in accordance with "your Bill on the Committee." See the Committee of Commerce to Pollock, July 19, 1779.

Elbridge Gerry to Francis Dana

Dear sir Philadelphia Novr 2d 1779 The President of Congress having sent on your Commission & Letter of Credence, as Secretary to the Embassy, & Charge d'Affairs, has rendered it in some Degree unnecessary to communicate the particulars mentioned in your Favors of Octr 21st, but lest his Information should be insufficient, give me Leave to inform You that there is no Difference in the Forms of the powers or Credentials of the several Secretaries, that they are appointed to the Embassies, &c &c to receive One thousand pounds sterling per annum, respectively, & that their pay is to commence at the Time of their leaving their places of Abode, to continue three Months after Notice of their Recall, & to be in full for their Services & Expences. The Appointment is so honorable that many Members of Congress will readily accept it, & some are making Interest for it in Case of your Refusal. I am informed that Mr. G____ M____ of N___ Y___ (1) is desirous of it, Sr. J____ J____ (2) requested my Interest in his Favour, & a Gentleman in this City is urging the propriety & Advantage of giving it to D____r B____ t.(3) Mr. L____(4) likewise stands ready, & if You decline the office, there is reason to expect much manoeuvreing to obtain it. I remain sir with much Esteem your Friend & very humble Ser E. Gerry P.S. The Salary of the Minister is £2500 sterg per Annum but considering the Difference of the Expenses of the two offices, the Secretary will probably realize as much as the Minister. Mr Laurens is to negotiate a Loan in Holland & will take Care to suppy the sums required in addition to what is already orderd.

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RC (CSmH: Townsend Collection). 1 That is, Gouverneur Morris. 2 Sir James Jay. 3 Perhaps Dr. John Berkenhout. 4 James Lovell.

Elbridge Gerry to Joseph Ward

Sir Philadelphia Novr 2d 1779 I have attended to the Subject of your Favr of the 25th of Octr last, & am clearly of Opinion, that further provision should be made for the officers acting in your Department. A Committee has been lately appointed to extend the provission made for Officers of the Line to those of the Staff, (1) whose Allowances are inadequate, to their Services, & I have communicated Your Letter to Colo Root the Chairman of that Committee, who has promissed to confer with his other Brethren Mr Morris & Colo Attlee on the Subject, without Delay. I Would recommend your writing a Line to them, shewing the Necessity of their coming to a Conclusion on this Business, & remain sir with Esteem your very humble serv. E. Gerry (2) RC (ICHi: Joseph Ward Papers). Addressed: "Joseph Ward Esqr., Muster Master General, at or near Head Quarters." 1 See JCC, 15: 1188; and John Armstrong to George Washington, October 15, 1779, note 2. 2 Gerry also wrote the following brief letter this day to his brother Samuel R. Gerry, a merchant in Marblehead, Mass. "Messrs. S & R Purviances having by yesterdays Post inclosed to me a Bill on their Brother, for the Ballance of your Account, amounting to 134 1/3 Dollars, or £50.7.6 Maryland Currency, I now transmit You the same, presuming that the order will be paid without Hesitation. When Oppertunity offers, You may inform me of the receipt of the Money, & the Circumstances of our Family affairs, of which I have received but little Information for three years past." S. R. Gerry Papers, MHi.

Cyrus Griffin to Thomas Jefferson

Sir, Philadelphia, Nov. 2nd. [1779](1) My Colleague Mr. Mercer has charged himself with the naval Commissions mentioned a post ago in a letter from your excellency.(2) We have a report from the Eastward that a bloody Engagement has happened in English Channel, and that the admiral of his Britanic Majesty was sunk with sails and Colours flying; but we do not give the utmost credit to the Intelligence. I have the honor to be, Sir, Your excellency's most obedient and humble Servant, C. Griffin

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RC (DLC: Jefferson Papers). Jefferson, Papers (Boyd), 3:152. 1 The year is undoubtedly 1779 since James Mercer only attended Congress from September 9 to October 30, 1779, and was returning to Virginia at this time. 2 For Jefferson's October 16 letter to Samuel Huntington requesting "blank letters of marque for use in this state," see Jefferson, Papers (Boyd), 3:107.

Cornelius Harnett to Richard Caswell

Dear Sir Philadelphia November 2d. 1779 This part of the Continent, has been for many weeks past, anxiously Expecting the Count DeEstang on their Coast. I hope the business will be Compleatly ended to the Southward in the first place. It is believed by some that the Enemy have Evacuated R Island; Appearances seem to indicate this; but no Authentic Accounts have as yet been recieved by Congress. I take the Liberty to inclose the last papers which Contain very little News; A Packet or two are hourly expected from Europe, which very probably may inform us of the Opperations in that Quarter of the World. It is feared, the Season is, or will be too far advanced, by the time the Count Compleats his Opperations to the Southward for him to proceed Northward; but he has Still Eight weeks before him. A Resolution of Congress passed Yesterday (1) will be transmitted to Your Excellency to be laid before Our General Assembly, to put a Stop to the further granting of Vacant Lands until the Conclusion of the war. The reason held forth for the adopting this measure, is the very great Emigration of people which will naturally follow the Measure, which I must acknowledge has some weight. But it is a well known fact that the Ostensible reason is, that the States at the end of the war, may Appropriate such vacant lands to the benefit of All the States in the union, to enable them to pay the Public debt. Virginia & No. Carolina Opposed this measure, and it is left to the wisdom of the Legislatures of the States similarly Circumstanced with Virginia, to agree, or not, with this Proposal. I have to request that Your Excellency will be pleased to send forward the Delegates to relieve us, it is impossible for you Sir, to conjecture how disagreeable it must be to the State to pay the extravagant expences we are at here; and how much more disagreeable it will be for us to require it. I have Called out of the Treasury more than the half of my Sallery & shall be obliged to Call for more to enable me to return to my family, where I hope I shall have the happiness to spend the remainder of my days in retirement; my time of life requires it. Genl. Washington is advancing by degrees towards New-York, to be ready to lend his aid to the Count D Estaing should he come thus far. Mr. Laurence our former President, will call on your Excellency in his way to So. Carolina; from thence he proceeds to Holland on Public business. To him, I beg leave to refer you for News. And am certain you will proffit much by his acquaintance.

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I have the honor to be with the greatest respect-Your Excellencys, Most Obed & very hul Servt. Cornl. Harnett [P.S.] Your Excey. will percieve this Letter is not intended, for the Perusal of the Public, as I have not Copied it fair. RC (MH-H: bMS Am 1649.5). 1 Actually, on October 30, for which see Samuel Huntington to the States, October 30, 1779.

Samuel Holten's Diary

[November 2-3, 1779] Novr. 2. 1779. Tuesday. I wrote to the Inhabitants of Danvers, to Mr. Needham, to Mr. Warner, to Colo. Hutchinson, to Mr. Avery, to Mrs. Holten (No. 82) and to my daughter Sally.(1) 3. Wednesday. Congress have done no business this two days past on Acct. of the state of Connecticut not being represented; The Prest. being from that state.(2) I dined with the Honl. Mr. Griffin. MS (MDaAr). 1 None of these letters has been found. 2 See Jesse Root to Oliver Ellsworth, November 1, 1779, note 1.

James Lovell to John Adams

[November 2, 1779] (1) Oct. 15. 1777 [i.e., 1779] Resolved:(2) That a Letter be written to the Minister plenipo. of these States at the Court of France desiring him to take the most effectual means for supplying the Ministers appointd. to treat with his Catholic Majesty and wth. his Britannic Majesty, & their Secretaries wth. two thousand Louis dores to be distributed in proportion to their respective salaries, & giving the strongest Assurances to the said minister that Congress, will immediately take Measures for replacing the said Sum as well as for establishing a fund in Europe for the future Support of all the Embassies from these States. The Comtee on the Letter of J.G. Dericks & other Papers having reported that it appears to them that a Loan may be obtained in Holland . Resolvd. That a proper Person be authorized & instructed to negotiate that Business on behalf of these States. The same Comtee. to bring in an Draught of a Letter to the Ministr. plenipo in France.

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Octr. 16. They report & Congress accept. Sir. Congress have appointed the Honble. John Jay Esqr. Minister Plenipotentiary for negociating a Treaty of Amity & Commerce & of Alliance between his Catholic Majesty & the United States of America. And the Hon. John Adams Esqr. Minister Plenipotentiary for negociating a treaty of Peace & a treaty of Commerce with Grt. Britain; The Hon. Wm. Carmichael Esqr. is appointed Secretary to the first & the hon. Francis Esqr.(3) is appointed Secretary to the last mentioned Embassy. Mr. Jay & Mr. Carmichael will embark on Board the Confederacy continental Ship of War now in the Delaware ready to sail for France. Mr. Adams & Mr. Dana will probably take their Passages on Board La Sensible one of his Most Christian Majesty's Frigates in the Harbour of Boston. The Salaries annexed to their appointments respectively are two thousand five hundred pounds Sterling per anm. to the ministr. & one thousand pounds Sterling to the Secretaries, And in order to enable these Gentlemen to enter wth out Embarrassmt. upon the Duties of their several functions, I am authorized by an Act of Congress of the 15th Instant a certified Copy of which will accompany this, to request you, Sir, to take the most effectual means for supplying them with two thousand Louis dors in distributions proportioned to their respective Salaries & to assure you on the faith of Congress that Speedy & proper measures will be adopted both for repaying that Sum & for establishing a fund for the future support of all the Embassies of these United States in Europe. You will likewise find enclosed a certified copy of an act of Congress of the 4th instant by which you will be informed that your Salary is also to be two thousand & five hundred pounds sterling per annum, and that John Laurens Esqr. a Member of the house of representatives for the State of South Carolina & Lt. Colonel in the army of the United States is appointed by Congress to be Secretary to the Minister Plenipotentiary at the Court of France. I have the Honor to be Oct 18 Congress proceeded to the nomination of a proper person to negociate a Loan in Holland when Mr. John Adams was put in nomination by Mr. G. Morris. Mr. H. Laurens by Mr. Mathews Mr. Woodbury Langdon by Mr. Sharp On Motion of Mr. Morris, 2d. by Mr. Mathews, Resolved that a Comtee. of three be appointed to prepare Instructions to the person who may be empowered to negotiate a foreign Loan. Mr. Morris, Mr. Mathews, Mr. Gerry.

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I presume the President has sent you a Copy of the Letter to Doctr. Franklin. I will enquire this day. NOV. 2d RC (MHi: Adams Papers). In the hand of Lovell, though not signed, and endorsed by him: "Extracts from the sect Journals." 1 This date is taken from the last paragraph below. 2 Although Lovell had enclosed substantial extracts from the secret journals of February and March 1779 concerning the peace ultimata with his letter to Adams of November 1, he subsequently proceeded to copy the following extracts from the secret journals of October 1779, appending a brief concluding paragraph concerning Dr. Franklin and adding the date "Nov. 2d." 3 That is, Francis Dana.

the Virginia House of Delegates

Sir, Philadelphia. Novr. 2d. 1779. Our Collegue Mr Smith (1) having charged himself with the Copies of the Petitions of the Indiana & Vandalia Companies then before Congress, to lay before the House of Delegates of Virginia, It falls to our Lot to hand the enclosed (2) to you for the further & full Information of your House as to the progress of that business A Business which we conceive may in Consequences greatly affect the Interest of Virginia in the first place-& ultimately injure the Rights of all the States in the Union. Your Honble. House may be assured that no pains were spared by the Virginia Delegates to defend the Rights of the State & to prevent Congress from establishing a Precedent so dangerous to the common Rights of the United States-but to how little purpose may be readily discovered, when you are informed that tho' the Committee determined this Case privately & without notice to any of the Virginia Delegates-and tho' their Report was so expressly counter to the Instruction of Congress-Yet 8 States to 3 were against recommitting the Report. We must however observe that we understood on that Occasion that some of the voters agt. the recommitment were agt. the Jurisdiction of Congress, upon Information of the facts laid before the Committee which were read in Congress & not denyed. But we are sorry we are obliged to say that Congress were so determined to proceed upon this business agt the Rights of Virga. that on the next day, tho' the business of Indiana & Vandalia was an order of the Day, & we had no Doubts the Said Petitions wou'd be rejected-we discovered the Members for this business had changed their Ground & not only declined proceeding on the Resolution of the Committee, thereby meaning to retain that pretence for interferring in this Business-But were also pleased to pass the Resolution of the 30th a Copy of which is now subjoined to the other Proceedings.

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Youll please observe that the ostenseable motives for this Resolution expressed in the preamble by the words much Mischiefs were understood to be the Clamours of Maryland & the discontented States of Jersey & Delaware-and the general Inconvenience of weakening the United States by encouraging Emigrations to parts remote from the defence agt. the common Enemy-the later assertion being thought improper for the public knowledge, was avoided & thought to be sufficiently expressed in the words before alluded to. We have been thus particular in the detail of this business, that your House being fully informed may consider this business on its true Principles without regard to the misconduct of Congress-and adopt such Resolutions thereupon as they may think consistant with the Interest of Virginia & the United States. We have the Honour to be, Sir, Yr. most obedt. & very huble Servts. C. Griffin Js. Mercer Wm. Fitzhugh (3) P.S. I beg the House to be informed that I was directed by the Comee. on my first Conference with them-to commit my objections to writing, & forbid to mention any thing of Charters or prior Treaties with Indians which Rule I adopted to prevent their having any pretence for going into the Merits of the Treaty of Fort Stanwix on which the Indiana Company founded their Claim. Js. Mercer RC (IU-HS). Written by Mercer and signed by Mercer, Fitzhugh, and Griffin. Addressed: "The Honble. The Speaker of the House of Delegates of Virginia." 1 Meriwether Smith, who had obtained a leave of absence on September 28, for which see James Mercer to the Virginia House of Delegates, October 1, 1779, note 2. 2 The "enclosed" has not been identified, but for the resolve Congress adopted in response to Virginia's determination to begin the sale of "unlocated" western lands, see Samuel Huntington to the States, October 30, 1779. 3 Although Mercer and Fitzhugh signed this letter, the terms to which they had been specially elected in June had expired on November I and neither attended Congress after Saturday, October 30. Mercer, in fact, had resigned his position in the new delegation a month before, for which see Mercer to the Virginia House of Delegates, October 1, 1779.

John Fell's Diary

Thursday 4th [November 1779]. Coml Committee. The Secretary did Business to day in the absence of the President. PM Marine Committee. MS (DLC).

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Samuel Holten's Diary

[November 4-5, 1779] 4.Thursday. We had the intelligence of the enemies leaving R. Island.(1) 5. Friday. I attended the medl. come.(2) & the marine board. It is cold. MS (MDaAr). 1 Official news of the October 25 British evacuation of Newport arrived in an October 27 letter from Gen. Horatio Gates, which was read in Congress on November 5. JCC, 15:1241. 2 The Medical Committee undoubtedly met this day to carry out Congress' November 4 order directing the committee to "transmit to the Commander in Chief the memorial of Thadeus Benedict and others, against Dr. Forster, and such other papers as they may have respecting the matter." They may also have considered Dr. Isaac Foster's request for a court of inquiry, which was read in Congress on the fifth. JCC, 15: 1237, 1240. For the committee's investigation of Dr. Foster as director of hospitals in the Eastern Department, see Medical Committee to George Washington, November 15, 1779

North Carolina Delegates to Richard Caswell

Sir Philadelphia Novr. 4th 1779 We have the honor of sending inclosed to your Excellency a copy of sundry Acts of Congress, in which we concieve the State over which you preside and that we have the honor to represent in Congress is both directly and indirectly interested; and on which we beg leave to make a few remarks. The principle on which the Indiana company found their Memorial is,(1) that the Territory which they claim is not within, nor subject to the Jurisdiction of either of the States; but to the whole United States in Congress Assembled. A principle which we humbly conceive, by no means admissable, it being against one of the principles of the general union. This controversy is not between two States; but between one State and individuals; therefore we are of opinion that Congress, more especially in an unconfederated state, has not jurisdiction and if Congress has no jurisdiction, consequently it was an improper subject for their deliberation, which was the foundation of the objection against committing it to a special Committee; nevertheless you may see that was overuled by a majority on the 14th of Septr. last. Two or three States objecting to balot for a Committee was the reason why that subject lay dormant until the 8th of Octr. at which time a Committee was appointed with an instruction to report first on the question respecting the jurisdiction of Congress; it being thought by some as a proper and necessary preliminary. You will please to observe how cautiously that matter was evaded in the

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Committee's report, which brought on the question for recommittment in order that the Committee should pursue the direction of Congress. We need only refer you to the Journal of that day Viz the 29th of Octr. for the farther explanation of the report of the Committee. On the next day you may observe that to cut the matter short a sett of propositions were moved instead of the report, and were found to be in Order as appears by the Journal. On the whole it appears to us that there are great jealousies particularly respecting Virginia's extensive claim of Territory and generally of the other States under similar circumstances. We are induced to believe that with many the question respecting the justice or injustice of the claims of the Indiana and Vandalia companies is not so much in View as that of laying down some principle or pursuing such a line of conduct as may be most likely to obtain the main object, namely, that Congress shall have the disposal of all the unapropriated lands on the western frontiers of these States and that such lands may become the common property of the whole. We believe that at present the representatives of some States do not wish Maryland to confederate, hoping that by some means or other those States who Claim the back Lands may be prevailed on to surrender them. According to present appearances, Newhampshire, Massachusetts bay and Connecticut who formerly insisted strenuously on their claim to Lands Westerly, are indifferent about them. The Legislature of Maryland at their last Session advised their Constituents to give them explicit instructions on the subject of confederation, against the Session which is now setting. What effect that measure will produce is not yet known to us. These things we think our indespensible duty to communicate through your Excellency to the Legislature of Our State, as a subject worthy their serious attention; and we beg leave to reiterate our wishes that their Delegates in Congress may be seconded by being furnished with explicit instructions on that subject; as we apprehend it is very probable it may yet be a subject of serious debate in Congress. In the mean time we shall oppose to the utmost of our power every measure which appears calculated to injure our claim or violate the Charter in which our State has pointed out our Territorial Rights, and over which we have declared the right of our Citizens in Sovereignty. The good sense of our Legislature will give due weight to many reasons which they will concieve induced Congress to recommend it to Virginia to reconsider their late Act of Assembly for opening their Land Office. In our last (2) we inclosed a copy of the debit of Our State in the Auditor generals Office in which there was sundry errors. We have now the honor of inclosing another copy together with a Letter from Mr. Nourse to Mr. Sharpe explanatory of that matter.(3)

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We have the pleasure to congratulate Your Excellency on the evacuation of Rhode Island by the enemy on Monday the 25th Ulto. With the highest esteem & consideration, We have the honor to be, Your Excellencies Most Obt Humble Servants, Cornl. Harnett Wm. Sharpe P.S. Mr. Hewes has been confined to bed with sickness five days past and his situation not very promising.(4) RC (In). Written by Harnett and signed by Harnett and Sharpe. 1 For Congress' response to the memorial of the Indiana Company, see Samuel Huntington to the States, October 30, 1779. 2 Not found. 3 Not found. However, a report of Assistant Auditor General Joseph Nourse to the Board of Treasury concerning the North Carolina accounts is in PCC, item 36, 3:379-80. 4 Joseph Hewes, who last attended Congress October 29, died November 10.

John Fell's Diary

Friday 5 [November 1779] Coml Committee. Congress. Letter from Genl Gates acquainting that he took Possession of Rhode Island the 26th Octr the Enemy having left it the day before. (1) PM Marine Committee. MS (DLC). 1 See Samuel Huntington to Horatio Gates, November 7, 1779.

Samuel Huntington to John Jay

Dear Sir, Duplicate Philadelphia 5 November 1779 I have been honored with your Favours of the l9th & 20th Ultimo,(1) but had not an Opportunity to return any Answer before you sailed. I have now the Pleasure to inform you the Enemy evacuated Newport on the Night of the 25th October. They made no wanton Destruction on their Departure, left about fourteen Hundred Tons of Hay, four hundred fifty Cords of Firewood, a large Quantity of Peet & Straw in their Magazines. General Gates with his Troops took Possession of the Town next Day. The Express which brings me this Intelligence, says, there are in Newport large Quantities of Salt & Dry Goods in [town]. I presume you got Intelligence the Enemy had evacuated Stoney & Verplanks Points before you sailed.

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It is conjectured that most, if not all the Enemy which left Newport are come to New York. Please to make my Complements acceptable to your Lady, and believe me to be, with the most sincere Esteem & respect, Sir, your most obedt & hbble servant. Sam. Huntington RC (NNC: Jay Papers). In a clerical hand and signed by Huntington. 1 Not found.

Marine Committee to John Beatty

Sir November 5th 1779 We have received your letter of the 26th ultimo and hereby authorize you to take such Order on the Subject thereof as you may think proper. The Postscript which relates to the Spanish Prisoners at New York we shall lay before Congress for their determination which we shall inform you of.(1) We are Sir, Your Hble servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 Beatty's October 26 letter has not been found, but for an extract from it concerning "the Spanish Prisoners," and Congress' response to his query about provisioning them, See JCC, 15:1273; Samuel Huntington to Beatty, November 18; and Marine Committee to Beatty, November 20, 1779.

Marine Committee to William Smith

Sir November 5th 1779 Congress having by their Resolution of the 29th ulto Ordered that the Marine Committee to provide the Bearer hereof Major Weddersheim with a passage to Europe by the first Opportunity,(1) and as no such Offers in this Port we therefore request that you would procure for this Gentleman a passage in any Vessel from Baltimore bound to France or Holland (in the Ship Buckskin if possible) if this can be effected you will furnish Major Weddersheim with a few necessary Stores for his Voyage and transmit the Cost to this Board who will immediately reimburse you. We are Sir, Your Hble servants LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 Ernest Ludwig de Widdersheim, "major in his majesty, the King of Denmark's service," had unsuccessfully petitioned Congress for an appointment in the Continental Army. See these Letters, 13:504.

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Nathaniel Scudder to Richard Henry Lee

Dear Sir. Philadelphia Novr. 5th. 1779. I doubt not you have long e'er this received a short Letter from me (1) acknowleging the Receipt of yours of the l9th Septr. which I wrote in Jersey. I have been some Time here again, but have not had the Pleasure of hearing from you since my Arrival. On my Return I enquired, and found Mr. Lovel had transmitted you Copies or Duplicates of the Papers which you wished me to send you,(2) therefore thought it unnecessary to repeat them. This Letter will be also a short one, as I have the Satisfaction of sending it by the Honble Mr. Laurens, who will call on you in his Journey to Charles Town and consequently be able to give you a more general and accurate Detail of Business and News than I could possibly do in the Compass of a Letter. I will only congratulate you on the Evacuation of Rhode Island, and on the Birth of your Cassius; the first on public, the second on private Account. I sincerely wish him to live, and to shine with distinguished Lustre on the public Theatre of that great Republic, in founding which his Father has labored with Such assiduity & Applause. Commend my warmest Expressions of Esteem and Respect to your amiable Consort, and permit me to add, that I am most affectionately & sincerely Your Friend & Obedt. Servt. Nath. Scudder RC (ViU: Lee Family Papers). 1 Not found. 2 Scudder had been absent from September 18 to October 20; he may be referring to "copies or Duplicates" transmitted in James Lovell's letters to Lee of September 27 or October 13.

Committee on Appeals Decree

November 6th. 1779. Samuel Cabot & al Lib[ellan]ts & App[ellan]ts > Appeal from vs. The Ship Neustra Seniora de Merced &c. > the State of Matthias Segarra Claim[an]t & App[ell]t >Massachusetts Bay(1) We the Commissioners appointed by Congress to hear, try and determine all Appeals from the several Courts of Admiralty of the American States to Congress having heard and fully considered as well all and singular the Matters and Things mentioned and contained in the Record or Minutes of the Proceedings of the Maritime Court of the Middle District of Massachusetts Bay in the above Cause as the Arguments of the Advocates of the respective parties to the above Appeal do thereupon adjudge and Decree the several Goods,

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Wares, Merchandizes, Articles and Things mentioned and contained in the several Bills of Lading exhibited in the said Cause and marked and numbered as follows to wit: No. 19 & 20. One half pipe of Wine marked EW; No. 23 & 24. four Barrels of Cochineal marked *,(2) no. 1-4; No. 25 & 26. Two Barrels of Cochineal marked MR, no. 1 & 2; No. 27. four Barrels of Cochineal marked PA, no. 1-4; No. 28. seven Barrels of Cochineal marked JL, no. 1-7; No. 29 & 30. Two Barrels of Cochineal marked *,2 no. 1 & 2; No. 31, Two Zurrons (3) of Indigo marked ICB, no. 28,29-to be lawful Prize if appearing unto Us from the Evidence produced in the Cause that the same were British Property And We do order that the same be sold for the Benefit of the Party Libellants in the said Cause according to the prayer of their Bill, they paying the customary freight for said goods, And We do further adjudge and decree that the said Ship or Vessel called the Neustra Seniora de Merced, her Tackle, Apparel, Furniture and all the Rest, Residue and Remainder of the Goods, Wares and Merchandizes laden and found on board her at the Time of her Capture be forthwith restored and redelivered unto the abovenamed Matthias Segarra the Claimant in the said Cause his Agent or Attorney to and for the Use of himself and others on whose behalf he claims and appeals it appearing to Us from the Testimony exhibited in the said Cause that the said Vessel & that part of her Cargo were the property of the Subjects of his most Catholic Majesty the King of Spain And We do further order and decree that the Party Libellant pay unto the party Claimant one thousand and fifty six Dollars for his Costs and Charges by him expended in supporting the Appeal aforesaid in this Court &c. Tho. M: Kean J Root C. Griffin MS (DNA: RG 267, case no.57).In a clerical hand, and signed by Griffin, McKean, and Root. 1The Massachusetts Court of Admiralty for the Middle District had declared on September 17, 1779, that the brigantine Neustra Senora de Merced and part of her cargo were Spanish property and therefore not lawful prizes, but that most of her cargo was British and therefore was awarded to Samuel Cabot and Stephen Cleveland, merchants and agents of Capt. Hugh Hill, commander of the privateer Pilgrim. The Pilgrim had captured the Neustra Senora de Merced on the high seas as it was carrying a cargo from London to an unidentified port. The captain of the Spanish brigantine, Matthias Sagarra, claimed she was a neutral ship, but a jury in the Massachusetts Court of Admiralty awarded the bulk of the cargo to Hill and his agents. Both sides then appealed to Congress where on October 9, 1779, the appeal was referred to the Committee on Appeals. In this decree the committee upheld the decision of the state court. See case file no. 57, RG 267, DNA; and JCC, 15:1159. 2 Asterisk substituted editorially for the intricate symbol drawn by the committee's clerk at this point in the MS. 3 That is, a small leather bag, or provision-bag.

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Committee on Appeals Decree

November 6th. 1779 Nathaniel Tracy &al Lib[ellan]ts & App[ellan]ts> Appeal1 from vs The Brigantine Holy Martyrs her Cargo &c. > the State of Joseph De Lano Claim[an]t & App[ell]ee > MassachusettsBay We the commissioners appointed by Congress to hear, try and determine all appeals from the Courts of Admiralty of the several American States to Congress having heard and fully considered as well all and singular the several Matters and Things mentioned and contained in the Record or Minutes of the Proceedings of the Superior Court of Judicature of Massachusetts Bay held at Concord on the second Tuesday in April last &c. in the above Cause as the Arguments of the Advocates of the respective parties to the above Appeal do thereupon adjudge and decree that the Bill of the said Nathaniel Tracy and others exhibited and the Appeal by them demanded and filed in the above Cause be dismissed with Costs And that the said Brigantine or Vessel called the Holy Martyrs, her tackle, Apparel and Furniture and all and singular the Goods, Wares and Merchandizes laden and found on board her at the Time of her Capture as mentioned in the said Bill be forthwith restored and redelivered and the said Joseph De Lano the Claimant in the said Cause his Agent or Attorney to and for the Use of himself and all others on whose Behalf he claims and appeals And We do further order and decree that the party Appellant pay unto the party Appellee one thousand and fifty six Dollars for his Costs and Charges by him expended in defending the said Appeal in this Court &c. Tho M:Kean J. Root C. Griffin MS (DNA: RG 267, case no. 60). In a clerical hand, and signed by Griffin, McKean, and Root. 1 A jury of the Massachusetts Court of Admiralty for the Middle District declared on April 6, 1779, that the brigantine Santander y los Santos Martires [Holy Martyrs] was Spanish property but that her cargo was British. The court therefore awarded the cargo to Nathaniel Tracy and John C. Jones, merchants and owners of the armed schooner Success, commanded by Philip Trask, which had captured the Holy Martyrs on December 30, 1778. Both parties appealed to the Massachusetts Superior Court of Judicature, which upheld the maritime court. Tracy and Jones then appealed to Congress, where the case was assigned on October 9, 1779, to the Committee on Appeals. The committee in this decree affirmed the decision of the state court. See case file no. 60, RG 267, DNA; and JCC, 15:1149. For further information on congressional involvement in this case, see John Jay to Conrad Alexandre Gerard, April 25 and May 24, 1779.

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John Fell's Diary

Saturday Novr. 6th. 1779. Commercial Committee. Congress. After the dispatches &c a Report of the Committee to answer the Speech intended to be made Per the Chevalier Lusern was Read.(1) MS (DLC). 1 On November 4 the French minister presented to Congress his letter of appointment from Louis XVI and a copy of the speech he intended to make at his public audience, both of which were referred to a committee composed of John Dickinson, William Churchill Houston, and Gouverneur Morris. The committee's report, read this day, was "debated by paragraphs" and approved on November 8. For some reason, however, La Luzerne transmitted "another copy" of his speech to Congress on November 12. The same committee, chaired by Morris, thereupon drafted a second reply which was debated and approved the following day, when the delegates set aside November 17 for La Luzerne's "public audience" and "an entertainment to be given by Congress." See JCC, 15:1238, 1247, 1251 52, 1262, 1266 67; and Fell's Diary, November 8 and 17. For the chevalier's "letter of credence," his speech, and the president's response, See JCC, 15:1278 84.

Samuel Holten's Diary

[November 6, 1779] 6. Saturday. The medical committee met in my chamber. Mr. Lowell paid me a visit this evening. MS (MDaAr).

Samuel Huntington to the Massachusetts Council

Sir Philadelphia Novemr 6th. 1779 Congress having directed that the enclosd Copy of a Letter from Mr J. Bradford to the Honble. Francis Lewis Esq one of the Commercial Committee Should be sent to the Council of the State of Massachusetts Bay; (1) I do my self the Honour to Transmit the same to you to be laid before that Honorable Body. I am with great Respect, your Honours most Obedient humble Servant, Saml. Huntington President (2) RC (M-Ar: Revolutionary War Letters). Addressed: "The Honbl President of the Council of the State of Massachusetts Bay." 1 John Bradford's October 21 letter to Francis Lewis, in which he expressed fear for the safety of the sugar and rum he was holding in storage in Boston, is in PCC, item 78, 3:367-70. For Congress' terse November 4 order on the subject ("that a copy thereof be transmitted" to the Massachusetts Council, apparently simply to secure the state's protection for Bradford's warehouses), See JCC, 15:1238.

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2 This day Huntington also wrote the following brief letter to Capt. Lt. John van Dyke of the Second Continental Artillery, whose request for leave had been forwarded on October 17 to congress by Washington with a recommendation by Dr. John Cochran. See JCC, 15:1246 47; PCC, item 152, 8:117-22; and Washington, Writings (Fitzpatrick), 16:473. "You will receive herewith enclos'd an act of congress of this day granting you leave of absence for eight Months, that you may take a voyage to sea, this being judged necessary for the recovery of your Health." PCC, item 14, fol. 219.

Marine Committee to John Barry

Sir November 6th 1779 As you have been appointed to Command a new Continental Ship(1) that is now on the Stocks at Portsmouth in New Hampshire you are hereby directed to repair to that place and hasten as much as may be in your power the compleating of that Ship which we are desirous to have done with all dispatch. We have now communicated our desire on that head to the Honble the Navy Board at Boston, on whom you will please to call in your way and receive such orders as they may think proper to give you.(2) Should Mr. Langdon & you Agree that any alteration can be made in this Ship that will render her more suitable than the present design, you will please to communicate your plan and a state of the ship which we shall consider. We are sir, Your Hble Servants LB (DNA: PCC Miscellaneous Papers, Marine committee Letter Book). 1 The 74-gun ship-of-the-line America. for Barry's appointment to this command, see William B. Clark, Gallant John Barry, 1745 1803 (New York: Macmillan Co., 938), pp. 184-86. 2 In keeping with which, the committee wrote the following brief letter this day to the Eastern Navy Board "Captain John Barry will deliver you this in his way to Portsmouth in New Hampshire where he goes to hasten the building and fitting of the New Ship on the Stocks at that place which we have appointed him to command & which we request you will push forward with all possible expedition." Paullin, Manne Committee Letters, 2:127.

Samuel Huntington to Horatio Gates

Sir Philadelphia Novemr 7th. 1779 I have the pleasure to Acknowledge the receipt of your favour of the 27 Ulto. by Majr Armstrong which was Immediately laid before Congress. Please to accept of my Congratulations on your obtaining possession of the Town & Island of Newport.(1) I was happy in having an Opportunity of transmitting to France the agreable Intelligence you gave me; Immediately after the receipt of your letter.

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We have no Authentic Intelligence from Georgia later than the 4th of Octor; the Capture of the Brittish forces was not then Effected, though the appearances were favourable, but there Seems an unaccountable delay of Intelligence from that quarter. By recent Accounts and Information from New York (on which I place Some dependence) it is Said the 57th Regiment, Raudans [Rawdons] Corps and a detachment of Artillery were to sail for Hallifax on the 29th Ulto. and they were to be Accompanied by all the heavy Ships except the Europa. The Daphne Frigate was to Sail for England at the Same time. That a packet had arrivd the 23rd Ulto. The accounts brought by her seemed very Alarming to Friends of Government. That it was Reported the Ardent of 64 guns was taken (which is since confirmed) [. . .] the Brittish fleet Chased into Portsmouth by the Combined fleet of France & Spain which remaind of that port Several days. I have the Honour to be with great Respect, your most humb Servt, Saml. Huntington Novr 11. P.S. Since writing the foregoing we have receivd the disagreable accounts of the defeat of the Expedition against Savannah of which the Bearer can inform. S.H. RC (NHi: Gates Papers). 1 Gates' October 27 letter to congress, in which he reported that he had just occupied Newport, as "this Island was Evacuated by The Enemys Troops on the Night of the 25th Instant," is in PCC, item 154, 2:194-97.

Committee on Appeals Decree

November 8th. 1779 John Bradford Lib[ellan]t & App[ell]ee > Appeal from vs The Ship Viper her Cargo &c. > the State of Martin Brimmer Claim[an]t & App[ellan]t> Massachusetts Bay(1) We the Commissioners appointed by Congress to hear, try and determine all Appeals from the Courts of Admiralty of the several American States to Congress having heard and fully considered as well all and singular the several Matters and Things mentioned and contained in the Record or Minutes of the proceedings of the Maritime Court of the Middle District of Massachusetts Bay in the above Cause as the Arguments of the Advocates of the respective parties to the said Appeal do thereupon adjudge and decree that the Appeal of the said Martin Brimmer demanded and filed in the said Cause be & the same is dismissed hence with Costs And that the Judgment or Sentence of the said Maritime Court pronounced and published in the said Cause be and the same hereby is in all its' parts confirmed and established And We do assess the said Costs at one thousand

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and fifty six Dollars which Sum We do order and adjudge that the party Appellant shall pay unto the party Appellee for his Costs and Charges by him expended in defending the said Appeal in this Court &c. Tho M:Kean J Root. Hy. Marchant C. Griffin MS (DNA: RG 267, case no. 54). In a clerical hand, and signed by Griffin, Marchant, and Root. 1 The Massachusetts Court of Admiralty for the Middle District had awarded the armed ship of war Viper and her cargo both to Continental agent John Bradford and to Samuel Nicholson, commander of the Continental frigate Deane. Capt. Nicholson had captured the Viper on January 24, 1779, off the Massachusetts coast and Bradford had libeled the ship and cargo on behalf of Nicholson and the Continent, claiming that the ship, cargo, and "appurtances" should be distributed to "the captors and others concerned therein." Martin Brimmer, a Boston merchant, filed a second libel on behalf of Nicholson and his crew, however, claiming that the ship, cargo, and "appurtances" should be distributed "among the captors only." In their libels both Bradford and Brimmer cited unspecified congressional resolves. Under a congressional resolve of October 30, 1776, concerning the division of prizes, the captain and crew of Continental armed vessels were entitled to the entire value of "all ships and vessels" in case of the capture of armed vessels of war, rather than the customary one-half for merchantmen or other unarmed-vessels. The resolve did not mention the cargo and "appurtances," however. When the Massachusetts court awarded the ship and cargo to Bradford on June 28, 1779, to be divided between the captors and "others concerned therein," i.e., the Continental government, Brimmer appealed on behalf of captain and crew to Congress, where on July 24, 1779, the case was referred to the Committee on Appeals. In this decree the committee upheld the Massachusetts court decision. See case file no. 54, RG 267, DNA; and JCC, 6:913, 14:883, 1188-89.

John Fell's Diary

Monday Novr. 8th. [1779] Coml Committee. Congress. The Report of the answer to the Ministers Speech was agreed to.(1) MS (DLC). 1 See Fell's Diary, November 6, 1779, note.

James Lovell to John Hancock

Sir Novr. 8th. 1779. I hope never to have invincible arguments delivered to me by the Lips of consequential Sufferers to lead me to repent of having preferred the Public Good to my private Emolument on very singular Occasions. But strong Arguments I must expect to hear, for my own mind suggests them; and my Wants which prompt that Suggestion are trifling compared to what others connected in my private For-

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tune must experience. My Wants, too, may be easily removed by your Assistance, and that is secure on simple Demand. Know then, Sir, that it is totally impossible for me to keep myself decently clad by any purchases here without totally taking all my Income from my Family. Shoes are 85 Dollars, a Hat more that $200, Buff Breeches 200 and the making of every Thing boundless. I am not in absolute Want except of what the Girls call, Men's Small Cloaths & Stockings and Hatt. If Capt. Bradford or Messers. Otis & Henly have such Things and you will interest yourself to get them for me, I shall make a great saving in the difference of Exchange between Boston & this City of Sodom, by Procuring something of a Surplus in the Articles I may make a part turn out very Reasonable. For Instance in Knit Patterns or other Stuff for 3 pr. I may make 2 Cheap or get one for nothing. So in Hose 6 pr. would make 3 & 4 cheap. I have not ventured to say a Word of Linnen but have it I must and it would really be better to buy it in Boston than here even if dearer in the first cost, because my Wife or some of my former Schollars would save the making which here would be an Estate nominal. Mr. W. Greenleaf did me great Favor in the Shoe & Hose Way when I was there, it is not impossible that He may have good Opportunity now. I send an odd Shoe, as my Size is out of the common Road, that in case of a Chance I may be fitted. I will repay to yr. Order by any Express or private Gentleman. I say repay. I chuse to repeat it, because I know your common Doings. The public ought to maintain me, and it will. It is quite enough for you and one or two more that you take almost the whole, Care of Wives & Children whom other men have chosen & manufactured. As your Kindnesses to mine have an obligatory Weight double of what they would have directed to me, be satisfied with having put me already into an insolvent State in their Score; and make me not yr Debtor on my own further than by yr. obliging Prompts to the Gentlemen whom I named in the Beginning. As Mr. Lowell & Mr. Hitchburne will converse with you it is needless for me to write any Thing about Count D'Estaing or other unpleasing Circumstances; especially is it needless that I should add any Thing to what I have already scratched about our Money. The Gout apart, I may venture to hope Your Health better than my own and wish the Continuance of it. I am, Sir, your obliged Friend, and humb. Servant, James Lovell RC (MiU C: Miscellaneous Manuscripts). Addressed: "Honble. John Hancock Esqr., Boston."

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Thomas McKean to John Adams

My dear Sir, Philadelphia. Novemr. 8th. 1779. On my return from the circuit a few days ago I was honoured with your letter of the 20th Septemr. last, and proud to find that I was not forgotten by one I so much esteem. You must have had your difficulties in these times, I know, I too have had my full share of the anxieties, cares & troubles attending the present war. (1) For sometime I was obliged to act as President of the Delaware State and as Chief Justice of this; General Howe had just landed at the head of Elk River, when I undertook to discharge those two great trusts. The consequence was to be hunted like a fox by the enemy and envied by those who ought to have been my friends. I was obliged to remove my family five times in a few months, and at last fixed them in a little Log house on the banks of the Susquehanna above an hundred miles from this; but safety was not to be found there, for they were soon obliged to remove again, occasioned by the incursions of the Indians. In Decemr. 1777 I went again into Congress, where for some months the United States had but nine voices and thirteen members, sometime only Eleven, and their affairs almost desperate. When the war is over we shall talk of these matters more at large- Cur jubes me renovare dolorem.(2) Since the date of your letter I suppose you have been fully informed of what has passed in Congress respecting our foreign Ministers, and particularly yourself. You might have been Minister to Spain, which would have been a more permanent Appointment than that of Minister Plenepotentiary to negotiate a peace, but your friends had a greater regard to the interest of their Country than to your's; however I rest assured you will have peace (if to be obtained at all) on such terms, as will intitle you to the gratitude of that Country, and to secure such a proof of it as to render the present employment not only more honorable but more beneficial than the other. You have escaped the obliquy but not the jealousy of one of the parties in Congress, tho' the latter is almost done away. I have not been able to find that any of your Colleagues have censured you; they have been rather silent respecting you, tho' Doctor Arthur Lee considers you as an honest man and as his friend. In short he seems willing to submit his conduct abroad to your decision. Upon the whole I really think he has been not well treated either by Messrs. Franklin or Dean, or by Congress. His fate almost renders it dangerous to serve in a public character abroad. Do not my friend be discouraged by what I have said; difficulties, public and secret attacks, will eternally attend public Characters and high Stations. The man who discharges his Trust with fidelity & according to the best of his abilities will always have the consolation of his own mind (a consolation the world cannot give) and he may be

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happy in the approbation of his country, but will never be miserable in the want of it-he will always also find a distinguishing, a worthy few, to support and applaud him. Doctor Franklin, I really believe, would have been recalled last April only for myself. The intention in some Gentlemen in Congress appeared to me to be the removal of all our foreign Ministers in order to make way for themselves. My fears were, that a change of men, at that critical period, would imply both in Europe and America a change of measures, and I was reluctant to give up old servants for new men, whom I could not so well confide in. Doctor Franklin still continues Minister Plenepotentiary at the court of Versailles, Colo. Laurens (the son of the late President of Congress) is appointed his Secretary. Mr. Jay is appointed Minister to the court of Madrid and Mr. Carmichael his Secretary. Mr. Laurens was appointed last Monday Commissioner to the United Provinces for the purpose of negotiating a treaty of Amity and Commerce, but particularly a Loan of money, and he has the nominating his own Secretary. Your's is the Post of danger and of honor; Our friend Mr. Dana is appointed your Secretary. Nothing more is yet done, but some Consuls must be appointed. You percieve the freedom with which I write to you. I correspond with none, except officially, but in this way, tho' I am induced to be more free with you, because, notwithstanding I hereby compliment myself, I am certain we have had the same views throughout this whole contest, the good of our country and the happiness of mankind; we have also acted openly and without guile. It will give me great pleasure to hear from you often, and when you are on t'other side of the Atlantic I will as frequently communicate what passes here. Count D'Estaing has not been heard from since the 4th of October, nor have we had a line from General Lincoln, but we flatter ourselves all is well. I am, dear Sir, with sincere esteem, Your most obedient humble servant, Tho. M:Kean FC (PHi: McKean Papers). In the hand of Thomas McKean and endorsed by him: "Rough draft of a Lre. to the Honoble. John Adams Esq; Novr. 8th. 1779." 1 A measure of "the anxieties, cares & troubles" McKean faced in performing his multiple duties is reflected in an open letter to his Newcastle County constituents published in the Pennsylvania Packet of September 7, 1779, in which he resigned his seat in the Delaware assembly. "Gentlemen," he explained, "Near seventeen years have expired since you first chose me to represent you in General Assembly. The continuation of that choice, especially during the last five years (when I resided out of your State) exhibits the strongest proofs of your approbation of my political conduct, and must manifest to the world, that the sentiments of the representative and the representeds particularly respecting the great and important contest with Great-Britain, and the measures adopted to obtain peace, liberty and safety, were the same. Your affairs now wear the most promising aspect both at home and abroad; and, as I find it to be absolutely impracticable for me to discharge my duty to you as I wish in my present station, I must reiterate my request, that at the ensuing annual election you

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will be pleased to choose some other person to occupy the seat I have the honor to fill in your Legislature." 2 An allusion to Dido's command to Aeneas to recount the painful story of the overthrow Of Troy. Virgil Aeneid 2.3.

Marine Committee to Henry Laurens

Sir, Marine Committee Novr. 8. 1779. This Committee having no proper person in South Carolina to execute the above Order,(1) Request that Collo. Laurens would undertake the necessary provision himself. And draw on this Committee for the amount. We are Sir, with great respect, Yr. most Obedt. Servts, Jno. Mathews Chairman RC (NN: Emmet Collection). written and signed by John Mathews. 1 "The above Order," which was written on the page above this letter, was an extract from the secret journal of November 1 directing the Marine committee to make the like provision for the passage of Mr. Laurens to Europe as was directed to be made for Messrs. jay & Adams."

William Sharpe to Richard Caswell

Sir Philadelphia Novr. 8th. 1779 I have the pleasure of sending you inclosed an Extract of a Letter from Genl Gates informing of the evacuation of Rhode Island and an extract of a Letter from Genl. Washington which you will observe ought not to be exposed to public view. (1) We have no better accounts from Europe than it contains. We are not a little surprized at the silence in the Southern States, Congress has received no Authentic accounts from that quarter since the Count arived on the Coast, altho private Letters and other scraps of intelligence gives us flattering hopes. Mr. Laurens is appointed to negociate a Loan in Holland. A small fund in Europe might be applied so as to have a happy effect on our Finances, by disposing of Bills of Exchange and otherwise. The astonishing prices of the necessary supplies for the Army and the low State of our funds are very alarming and does require the most vigorous exertions of all the States. I am under an almost absolute necessity of being home before the hard of winter. I hope to see Mr. Penn and some other gentleman here soon. If none have set out, be so obliging as to interest yourself in that matter. Our State as much as the others ought by no means to be one day unrepresented. I have the mortification to inform you that Mr. Hewes is in so low a state of health that his recovery is much dispaired of-his complaints are Bileous & consumptive.

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With the highest esteem and regard, I am. Sir, Your Most Obt. Servt. Wm. Sharpe. RC (MH H: bMS Am 1649.5). 1 Washington's November 2 letter, which was read in congress this day, contained intelligence concerning the redeployment of British regiments at New York and British naval reverses in the English Channel. See JCC, 15:1249; PCC, item 152, 8:155-58; and Washington, Writings (Fitzpatrick), 17:64 65.

Committee of Congress to Thomas Sim Lee

Sir Philadelphia Novr. 9th 1779 When Count de Estaing, Some time past, was hourly Expected from the Southward in want of provisions, our Magazines being then low, and the Commissary of purchases unable At Once to furnish the Supply that would be probably wanted for our own Army and the Count, Mr Holkers Agents, in Concurrence with the Governor of Maryland took Measures to procure 8,000 Barrels of flour in your State of which the Commttee of Congress was informed & did approve as being necessary at that time, but being Since told that there is great reason to Suspect that Certain persons being actually or pretendedly Agents for Mr Holker have Made large purchases of flour beyond the quantity aforesd and by creating a Competition & outbiding our Commissaries, have greatly inhanced the price of flour, and retarded those Supplies which are necessary for the Subsistance of our Army, we request your Excellency's attention to this affair, and that proper enquiry be made and that all the flour purchased by any person whatever except the Complement of Eight thousand barrels aforesd. & of 4,000 before in Mr Smiths hands for Mr. Holker be turned over to the Commissary Genl. of purchases, as the only Channel through which Supplies for our army & our allys can in futur be regularly obtained and delivrd that hereafter no purchases of flour on publc account be allowed in your State but by the Commissary General & his Deputies and we refer you to Col. Blain for more particular Information on this head. Per order of the Comttee of Congress on the Comsy. & Qur Mstr Generals departments, your Excellencys most obedt humble Servant, Jesse Root Chairman P.S. The flour purchased to Carry to Virginia agreable to the resolve of Congress for that purpose, is not to be affected by any thing in the above letter. RC (MdAA: Executive Papers). Written and signed by Root. Addressed: "His Excellency The Governor of Maryland. Favd per Col. Blain." Thomas Sim Lee had just been elected on November 8 to succeed Gov. Thomas Johnson. Md. Archives, 43:10.

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John Fell's Diary

Tuesday the 9th [November 1779] Coml Committee. Congress. Agreeable to the order of the Day Balloted for Commissioners of Treasury Board. vizt. Appointed Forman Turnbull (John Gibson) Auditor of Accts. Millegen-Deputy Auditor General. (1) MS (DLC). 1 For a more complete and accurate record of the elections held this day for staffing the newly reorganized Board ofTreasury, See JCC, 15:1251-52. See also James Lovell to William Whipple, this date, note 2; and Samuel Huntington to Jonathan Trumbull Jr., November 12, 1779.

Cyrus Griffin to the Virginia House of Delegates

Sir, Novem. 9th. [1779.] I beg you will do me the honor to lay this letter before the house. I am at present alone in this important delegation; (1) perhaps abundantly more important than my Constituents suppose. A majority of states in Congress shew a manifest inclination to lessen the weight of Virginia in the general scale of the union; and the Continental Credit is already upon the very brink of ruin. At such a period the assembly are satisfied that my abilities and Influence are greatly inadequate to represent so vast a Country as Virginia, even upon the supposition I had the power of voting in Congress. I feel exceedingly for the rights of my Country, and the Welfare of America, and I hope to be excused when I express some degree of astonishment that at least three members are not sent forward to Philadelphia, and members too of the first abilities and character. After a great deal of heat and debate Congress have thought proper to pass a resolution relative to the Land office, which resolution and other proceedings were transmitted by the last post.(2) I am sorry to observe that so important a measure as that should have taken its origin from the Memorial of two private Companies claiming a large extent of Lands within the Bounds of Virginia to their own use and benefit, and offering a recompense to Congress of ten thousand pounds sterling for a confirmation thereof; and however as a member of the Virginia assembly I might be induced to make some compensation to the Indiana Claimants which they are very desirous to accept, and wish to acknowledge the Jurisdiction of Virginia and to defend the state against all opposition whatever, yet I think Congress have no business to interfere with such matters at the expence of our chartered rights, and the rights of an independant Legislature. When Virginia instructed her delegates in Congress to sign the declaration of Independency what did she mean by reserv-

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ing the sovereignty and internal Government of the state? No deception could be intended of any latent claim to extended Boundary; for Virginia ceded to Pennsylvania and Maryland and the two Carolinas all the Countries within their respective charters which might be supposed a part of her chartered territory and then adds "the western and northern extent of Virginia shall in all respects stand as fixed by the Charter of King James the first in the year 1709 [1609], and the public Treaty of Peace between Great Britain and France in 1763." Yesterday a letter was read in Congress from Colonel Brodhead with a late date at Pittsburg giving Information that some Inhabitants from the Counties of Yoghagania and Ohio had committed Trespasses upon the Lands of the Indians on the farther side of the Ohio River, which produced the enclosed Resolution.(3) With my affections to the assembly, I have the honor to be with great esteem &c. C. Griffin RC (Vi: Executive Papers). 1 For attrition in the Virginia delegation, see also the letters of James Mercer, the Virginia Delegates, and Meriwether Smith to the Virginia House of Delegates, of October 1 and November 2 and 25, respectively. 2 See Samuel Huntington to the States, October 30, 1779. 3 See the next entry.

Samuel Huntington to Thomas Jefferson

Sir, Philadelphia Novr. 9th 1779. Your Excellency will receive herewith enclosed an Act of Congress of the 8th Instant together with the copy of a letter from Colonel Broadhead of the 26th Ulto.(1) In pursuance of the orders Contained in the Act of Congress enclosed I am to request your Excellency's endeavour to prevent a repetition of the trespasses mentioned in the letter from Col. Broadhead. The Evil tendency of such practices are too obvious to leave room For a doubt that proper exertions will be used on the part of Virginia to prevent the like in future. I have the honor to be, with great respect, Your Excellency's Humble Servant, Saml. Huntington President Tr (DLC: Burnett Papers). Endorsed: "Copied from the original, then in the possession of Mr. Stan V. Henkels ." 1 Col. Daniel Brodhead, commander of the western department at Fort Pitt, had complained that Virginia settlers had recently crossed the Ohio River and trespassed upon Delaware Indian lands. He had, he explained, destroyed their "Hutts" and chased them from the area. To prevent a retaliatory raid, he attempted to reassure the Delawares that this isolated incident posed no threat to their security but he urged Congress to enjoin Virginia officials to intervene "to prevent a future trespass & the Murder of many innocent Families on the Frontier." Upon reading Brodhead's

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account of this incident, Congress immediately adopted the enclosed resolve to implement his recommendation. JCC, 15:1249. His letter to Congress is in PCC, item 78, 3:383 86. For other documents reflecting similar concerns over Virginia expansionism and western land claims at this time, see also Huntington to Jefferson, October 30 (not in printed text), and December 30, 1779.

Samuel Huntington to William Livingston

Sir, Philada. 9th Novem. 1779 I am honour'd with your Excellency's favour of the 29th Ultimo and have the Pleasure to transmit you enclos'd an Act of Congress of the 4th instant expressing their Satisfaction in your Conduct for carrying into effect their resolutions of the 9th. July last.(1) Agreable to your Excellency's request have also enclos'd the acts of Congress of the 6th & 7th ulto for raising the necessary supplies &c.(2) I have the honour to be, with great respect, your Excy's hble Servt, S.H. President LB (DNA: PCC, item 14). 1 JCC, 15:1237. In his letter of October 29, Livingston explained that he had discharged Mr. Thomas Stockton as purchasing commissary for the hospital at Princeton, pursuant to the powers vested in the states by Congress' resolves of July 9, for which See John Jay to the States, July 14, 1779, note 1. 2 Livingston had asked for additional copies of these acts because during a recent British foray he had been forced to abandon his house at Raritan and after his return had been unable to locate the papers Huntington had enclosed in his letter concerning the states' quotas. See Huntington to the States, October 9, 1779; and PCC, item 68, fols. 475 78.

James Lovell to William Whipple

Novr 9th. 1779 Two of yr. Letters are before me: And I should be doubly unjust if I took Advantage of yr, kind Hint about late Hours & meat Suppers, so far as not to notice yr. Epistles while I drive as hard as ever in writing to others. The Dates of yr. 2 Favors are Oct 11th and 26th.1 find that at the latter period you was not well informed as to Mr.JA's Commission. He is minister plenipoteny for the special Purpose known to you. Mr. D. is Secy to the Embassy not to JA;(1) but it is not yet quite certain whether he will proceed. Should he not, I think the Person you hint at would not fail of obtaining what he would be very well pleased with. Your Conjectures about D Estaing from the Beginning, get every day fresh Proofs of their Judiciousness. I feel the cloudy Weather confoundedly this moment. I seem to see a naked starving Army in Opposition to a vigorous well fed irritated compact one now at New York. I wish this was the Weather only on my Spirits.

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Mr. Hewes is probably within 10 or 12 Hours of his long long long Home. We are balloting our Pens Ink and Paper out about the Treasury. A Mr. Ezekiel Foreman & Mr. Jonathan Trumbull are chosen Commissrs.(2) But the Post will go if I do not close without telling more Tales. You will Probably soon see Mr. Lowell who will tell you all about us. Affectionately, J.L. RC (MH H: bMS Am 1832). 1 That is, Francis Dana and John Adams. 2 Ezekiel Forman and Jonathan Trumbull, Jr., were elected two of the three permanent members of the Board of Treasury, which under the treasury ordinance of July 30, 1779, was to consist of three permanent members and two members of Congress, who were to be appointed for six-month terms. John Gibson, the former auditor general, was elected as the third permanent member on November 25, and when Trumbull declined the post, William Denning was selected in his place. After the board assumed office on November 30, 1779, it took over most of the routine business of requisitions and the preparation of reports. For an account of the appointment and operation of the reorganized Board of Treasury, see Edward F. Robinson, "Continental Treasury Administration, 1775 1781: A Study in the Financial History of the American Revolution." (Ph.D. diss., University of Wisconsin, 1969), pp. 200-57.

Henry Marchant to William Greene

Dear Sir, Philadelphia Novr. 9th. 1779. I most heartily congratulate your Excellency, the State, and America; upon the Evacuation of Newport by that motly Savage Host that hath so long infested Our Country. It is a happy Event- and I hope will soon be followed with the entire Extirpation of the British Forces out of America. I could have wished for your Excellency's own Communication to me of so important an Event. Your Excellency & the other Branches of the Legislature, amidst all the joy, will have an immediate Occasion of important Considerations. The future Safety of the Town of Newport & the State in General: The proper Line to be adopted as to the internal Enemies- which permit me to suggest, it is expected, will be wise, just and Firm. Not only the present Peace, but, the future Welfare of the State, if not of America will attend much upon this. The next and perhaps no less important Consideration, will be the Defence necessary against the more open Foe. How far the Town of Newport is capable of a full Defense? The Difficulty & Expence on the One Hand-the Advantages as to the State & the Common Cause on the other. How far the State of Herself is capable of making & supporting a Defense in present & future-and how far the United States are interested therein now, or may be hereafter-and how far they ought to be called upon. The best of Military and political wisdom ought to be consulted upon this Occasion.

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I am but capable of suggesting broken Hints. However such as they are, I find myself constrained to make Them from the Love I bear to the true Interest & Happiness of the State I have the Honor to represent, and the Glory, Happiness and Independence of America. I am with great Truth Your Excellency's most obedient and very humble Servt. Hy. Marchant P.S. I inclose your Excellency two of the Weekly Journals of Congress down to Sept. 11. 1779-& the Weekly Papers. RC (R-Ar: Letters to Governors).

Nathaniel Peabody to Josiah Bartlett

My Dear sir, No. 14 Philada. 9th Novr 1779 (1) Your favours of the 9th & 20th ulto have Come to hand.(2) I am extreamly obliged by the Continuance of your Letters, and Should have done my self the Honr. of writing more particularly if I had Certainly known where to have directed my letters to be left in order that they might find a Safe Conveyance, without the danger of their being intercepted. However I have wrote Genl. Whipple Some anecdotes respecting the management of foreign Ambassys-with the names of Persons Elected for that Purpose &ca,(3) which as you are acquainted with many Characters here might be Somewhat amusing. There Seems a little Prospect of obtaining a foreign Loan, in Some of the Low Countrys-our Freind Mr. H L____ ns (4) is to negociate that business. No official Accounts from Count D'Estaing, Since that of his having besieged the Savannah-Nor of the movements of the Enemy worth Notice Since their Evacuating R. Island. In Dunlaps Paper of last Saturday you will See a very Curious Manifesto (5) which may be relied upon as authentic altho not officially Recd. I must beg of you to Seal the Cover directed to Mrs. Peabody, inclosing its Contents & forward it, after having read the News papers, I take this method as being less expensive, and may Serve for the purpose of Communicating the News to you, & my friends in Atkinson without much inconvenience. I have heard that our friend S. H ____t (6) of Exeter is Taxed with being Guilty of Evil Communication &c. I most Sincerely wish you Success in deleating those Secret Vulturs who cease not day & night to prey upon the vitals of America. When the Truth Comes to light it will be found there is more than one or two-in the Conspiracy. By this days Paper you may observe the Treatment that Such People meet with in this State.(7) I am my Dear Sir, with Sentiments of Esteem your most obedt. & very Huml Servt, Nathl Peabody P.S. My Compliments to friends.

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RC (NhD: Bartlett Papers). 1 This letter is misdated "5th Novr." in Burnett, Letters, 4:508 9. 2 Bartlett's October 20 letter to Peabods is in Bartlett, Papers (Mevers), p. 271. 3 See Peabody to William Whipple, November 1, 1779. 4 Henry Laurens. 5 A "Manifesto, on the Motives of the Conduct of the King of France relative to Great-Britain," was printed in the Pennsylvania Packet, November 6, 1779. 6 That is, Samuel Highboard, a member of the New Hampshire House of Representatives and Committee of Safety in 1779. Bartlett, Papers (Mevers), p. 273n.4. 7 Peabody added this note in the margin to explain the "treatment" of loyalists in Pennsylvania: "9 have been Convicted & are to Suffer death for being Concernd in Counterfeit money & other Treasonable practices-but find I am mistaken as to its being in the paper."

Nathaniel Peabody to William Whipple

My Dear Sir, No. 6 Philada. Novr 9. 1779 I have the Honr. to acknowledge the Rect of Your kind favour, of the 26th Ulto-And am much obliged to you for its Contents.(1) Mr Garards visit to Camp most Certainly was for the purpose of Concerting measures for Military Operations. And Mr Holkr & others have been in the Jersies ever since his return from Camp Expecting to See The Count Destaing-but alas there is No official accts. from him Since that of his having beseiged the Savannah. I will endeavour to forward the Journals regularly as they Shall be published, which you well know will give but a faint Idea of our proceedings. As to the books belonging to the Square box I shall extract from time to time, & forward Such parts thereof, as I think worth your reading. Mr. L ____ns (2) Sets off from hence, this morng for So Carolina in order to Embark &c. Congress have allowd. him to Appoint a Secry with a Salary not Exceeding £500 Sterlg in Stead of the £300 first voted. No official Accts. here of the Enemies movements, worth Notice, Since their Evacuating R. Island. You will find by the public papers that Genl. Sullivan having Accomplished the design of his Mission has returned with Eclat. I am not Surprized that a Certain Gentleman at Exeter begins to Show his foot, and is under arest,(3) but think it unpolite for him to Stand alone, and leave his friends unnoticed. Since you left this, there has been Nine Capital Convictions in this State Chiefly for being Concern'd in Counterfeit money-it is thought not more than three of them will be Pardoned, the Rest are to be Executed. Finances remain much at one in Congress But out of Doors the Devil himself Riegns Triumphant, to Speak in a Clinical Stile, for almost every article of Support is from two to four times the Price they were when you left this place. The New appointmts of Delegates in the State of N. York for the ensuing Year are Genl. Schuyler, Mr. Duane, Genl. Scot, Mr Floyd, & Mr. L'Hommedieu-

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And The Chanceller Mr Livingston is Appointed Special Delegate for the Vermont business-but none of them have as Yet Come on. The assembly of that State have Set a Trap for the N. Hampr. Grants, by adjourning, to meet next at Albany. In Dunlaps Paper of the 6th youll find a Curious Manifesto, that I think may be relied upon as authentic tho not officially Recd.-but that I be not further Tedious beg leave only to Subscribe, Yours most Sincerely, Nathl Peabody NB. Compliments &c. RC (Capt. J. G. M. Stone, Annapolis, Md., 1973). 1 Whipple's October 26, 1779, letter to Peabody is in John Farmer and Jacob B. Moore, eds., Collections, Historical and Miscellaneous, and Monthly Literary Journal, 3 vols. (Concord, N.H.: Hill & Moore, 1822-24), 2:343; and Miscellaneous Folders, NN. 2 That is, Henry Laurens. 3 That is, Samuel Highboard, whose "arrest, or something like it, for evil communications." had been reported by Whipple in his October 26 letter. See also the preceding entry, note 6.

John Fell's Diary

Wednesday Novr. 10th. 1779 Coml Committee. Congress. President Huntington in the Chair.(1) This day Receivd from Genl Lincoln the disagreeable Acct of Count DeEstaing Raising the Seige of Savanna in Georgia. Mr Hewes Died this day. (2) MS (DLC). 1 Fell is doubtlessly referring to the return of the Connecticut delegates, who had not been attending Congress because their credentials to attend after November I had not been received. See Jesse Root to Oliver Ellsworth, November 1, 1779, note 1. 2 Congress had resolved this day to attend Joseph Hewes' funeral, which was held the following day, "in a body" and to "continue in mourning for the space of one month." See JCC, 15: 1252.

Samuel Holten's Diary

[November 10-11, 1779] 10. Wednesday. We had the disagreeable news from Genl. Lincoln, that our army have not succeeded against Savannah. The Honl. Mr. Hughes one of the delegates from N. Carolina deceased this morning. 11. Thursday. I wrote to the President of the Council of Massachusetts Bay.(1) I attended the Funeral of Mr. Hughes. MS (MDaAr). 1 See Holten to the Massachusetts Council, November 11, 1779.

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Samuel Huntington to George Washington

Sir, Philadelphia Novembr. 10th. 1779. I have the honour to transmit your Excellency copies of two letters from Genl. Lincoln of the 22d Ulto(1) which will give you the disagreeable intelligence of the failure of the expedition against Savannah with the Causes and Circumstances attending the Expedition and failure. As Major Clarkson who came Express with this intelligence had an Opportunity from his situation of remarking many particulars not mentioned in the letters; it was thought expedient to send him forward with these dispatches, that he might give your Excellency personally all the information in his power upon the subject. Congress have given orders for three of the Frigates now at Boston to sail for Charlestown South Carolina with all possible dispatch; and also appointed a Committee to consider and report what farther measures may be expedient for the security and defence of the southern department, as soon as may be. I have the honor to be, with the greatest respect, Your Excellency's Humble Servt. Saml. Huntington President RC (DLC: Washington Papers). In the hand of George Bond and signed by Huntington. 1 These letters, which were addressed to President Huntington and to Henry Laurens and the congressional committee appointed to correspond with the commander of the southern department, are in the Washington Papers, DLC.

Marine Committee to the Eastern Navy Board

Gentlemen November 10th. 1779 You are hereby directed to use the most indefatigable endeavours to send to Sea immediately the three frigates formerly directed by this Committee to proceed for Charles Town in South Carolina. You are to give them the same Orders that was at that time directed to be given.(1) The Salvation of that State in a great measure depends on these Vessels Arriving there before the enemy can send any reinforcements. Under these circumstances we trust no time will be lost on your part in executing this business.(2) We are Gentn, Your Hble servants P.S. You are to give the following further Orders to the Commanding Officer-that if he should find the Port of Charles Town blocked up on his Arrival there he is to return Again to Boston with the Vessels under his command. LB (DNA: PCC Miscellaneous Papers, Marine Committee Letter Book). 1 For the committee's previous correspondence ordering the Continental frigates

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Boston, Deane, and Queen of France to South Carolina, see Marine Committee to the Eastern Navy Board, September 22 and 28, 1779. The present directive was adopted by Congress this day pursuant to a motion of John Mathews, a delegate from South Carolina who was chairman of both the Marine Committee and the committee appointed expressly for corresponding with the commander of the southern department. JCC, 15: 1253-54. Committee chairman John Mathews also sent a brief letter this day to General Washington informing him that the three frigates were being ordered "immediately to proceed" to South Carolina. Washington Papers, DLC; and Paullin, Manne Committee Letters, 2: 127.

John Fell's Diary

Thursday 11th.[November 1779] Coml Committee. This day chiefly spent in debate about the sending some Troops and Stores to So Carolina. PM Attended the funeral of Mr Hewes. MS (DLC).

Samuel Holten to the Massachusetts Council

Sir Philadelphia Nov. 11th, 1779. Yesterday Majr. Clarkson arrived here with dispaches from Genl. Lincoln,(1) by which, Congress are informed, that, on the 9th ulto. an attempt was made, to storm the lines of the enemy at Savannah which fail'd of success, and that the Count Estaing could not tarry any longer, so that the Seige was raised; The General not having been able to ascertain a regular return of our loss, when the express came away, but is supposed to be about 170, among which is the Brave Count Pulaski; The Count Estaing having received a slight wound in the attack. The committee have not reported upon the application of the Honble. Court, respecting staying part of the Continental taxes 'till the accounts can be liquidated respecting the Penobscot expedition, but I do not expect much from their report; altho' I have been heard before them, & given it as my opinion, that, it will not be in the power of the State to comply with the Resolutions of Congress, respecting paying in their taxes unless something is done; I shall carefully attend to the same when it comes before Congress.(2) The proceedings of the Commissioners at Hartford, have been received by Congress, and committed to the committee of twelve, and said committee, have agreed to report to Congress a number of resolutions, for recommending to the several states a general regulation of prices.(3)

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The application from the Honorable Board to Congress, respecting the removal of Colo. Heazels [Hazen's] Regiment from some part of our frontiers, or New Hampshire, have been refered to General Washington, with directions for him to take order thereon.(4) The sum of money that Congress are at liberty to emit, will be all expended in a very short time, and they will then depend upon the several States to supply the Continental treasury; and if they should fail; I must leave it to the Honble Court to consider what will be the consequences; I think it is a matter of such importance, that it requires the first attention. I have the Honor to be, with the highest sentiment of respect, Sir, your most obedient servant; S. Holten P.S. Yesterday the Honble. Mr. Hughes, one of the Delegates from North Carolina, deceas'd. RC (M-Ar: Revolutionary War Letters). Addressed: "The Honorable, The President of the Council of Massa. Bay." 1 See Samuel Huntington to George Washington, November 10, 1779. 2 On November 16, Congress rejected Massachusetts' request to retain $6 Million of their tax quota. JCC, 15:1273. For a similar request from Connecticut, see Jesse Root to Jonathan Trumbull, Sr., November 12, 1779, note 1. For the eventual reimbursement of Massachusetts by Congress for this expedition, see James Lovell to Samuel Adams, February 28, 1780, note 7. 3 The "proceedings of a convention of committees from the five eastern states, met at Hartford for the regulation of prices" was read in Congress on November 10 and assigned to a committee already studying similar recommendations from the New Jersey legislature. See Public Records of Connecticut, 2:562-71. For Congress' response to these appeals for action to promote the regulation of prices in all the states, see Samuel Huntington to the States, November 22, 1779. 4 See Samuel Huntington to George Washington, this date, note 2.

Samuel Huntington to Richard Caswell

Sir Philada. Novemr. 11th 1779 Your Excellency will receive herewith enclos'd an Act of Congress of this date requesting that the Governors of Virginia & North Carolina use their utmost exertions to have the whole of the Troops order'd from their respective States sent forward to join Genl Lincoln's Army without loss of time &c. I perswade myself that the pressing exigency of the Case leaves no room to doubt that all the despatch in your Excellency's Power will be given in compliance with this request of Congress. I have the honour to be, with great respect, your Excy's hble Servt. S.H. President LB (DNA: PCC, item 14).

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Samuel Huntington to John Hancock

Sir, Philada Novem. 11th 1779 I do myself the Honour to transmit the enclos'd Act of Congress of the 8th instant desiring the late & former Presidents to lodge as soon as they conveniently can in the Secretaries Office copies of all public Letters by them respectively written during their President Ships. (1) I have the honour to be, with great respect, your most humble Servt. S.H. President LB (DNA: PCC, item 14). 1 See JCC, 15:1249 50. Since Hancock's presidential letterbooks remained in his possession at his death, and subsequently became part of the regular collections of the Massachusetts Historical Society and then of the Library of Congress before being added to the "Papers of the Continental Congress" now at the National Archives, Hancock apparently failed to respond to this request. No other body of Hancock's presidential letters is known to exist. For Huntington's repetition of this request, see also Huntington to Hancock, February 27, 1781, note 2.

Samuel Huntington to Benjamin Lincoln

Sir, Philadelphia 11th Novr. 1779. I am favour'd with your letter of the 22d Ulto. by Major Clarkson, containing an Account of the failure of the Expedition in Georgia.(1) You will herewith receive enclosed an Act of Congress of this day;(2) Also an Act of the 10th Inst.(3) and a Copy of an Act of the 27th July last and the letter accompanying the last mentioned Act, Ordering General Scott to forward the troops under his Command to Charlestown as expeditiously as possible.(4) By these several enclosures You will be informed of the measures Congress have taken from time to time, and are still taking to reinforce the army under your command And aid the States of South Carolina and Georgia; also that you are to cause a court of enquiry to be held on Brigadier General Scott for disobedience of the Orders above mentioned.(5) It was thought expedient that Major Clarkson should proceed with Copies of your dispatches, to the Commander in Cheif, and give his personal information to his Excellency General Washington on the subject. I am with great respect, Your humble servt, Saml. Huntington President RC (MHi: Lincoln Papers). In the hand of George Bond and signed by Huntington. 1 Lincoln's October 22 letter to Congress is in PCC, item 158, fols. 279-84.

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2 This "Act" consisted of a number of emergency measures Congress was ordering for the relief of South Carolina. See JCC, 15:1255 56. 3 Undoubtedly Congress' resolution ordering three frigates at Boston to sail immediately for South Carolina. JCC, 15:1253. 4 See John Jay to Charles Scott, July 29, 1779. 5 JCC, 15:1256.

Samuel Huntington to John Rutledge

Sir, Philada Novemr 11th 1779 Your Excellency will receive herewith enclos'd several Acts of Congress viz of the 10th & 11th inst (1) also of the 9th & 29th of March last by which you will be inform'd of the Measures adopted by Congress to reinforce the Army under Genl Lincoln & aid the States of South Carolina & Georgia.(2) It is to be hoped that the vigorous & speedy exertions of the several States of Virginia & North Carolina in aid of South Carolina will give them timely Assistance in their expos'd situation since the failure of the expedition against Savannah. I have the honour to be, with great respect, your Excy's hble Servt, S.H. President LB (DNA: PCC, item 14). 1 See the preceding entry. 2 For the measures Congress had taken in March for bolstering the army and defending South Carolina and Georgia, See JCC, 13:298 99,385 88; and these Letters, 12:242 -44, 246-48.

Samuel Huntington to George Washington

Sir. Philadelphia Novr. 11th. 1779. Since my letter of the 29th Ulto. I am favour'd with your Excellency's letters of Octor 30th & Octor 17th.(1) I had the honor of addressing you in my letter of yesterday enclosing dispatches from General Lincoln by Major Clarkson. Your Excellency will receive herewith enclosed an Act of Congress of this date among other provisions for the southern department, containing a resolve that the North Carolina troops and such others as may be conveniently spared from the main army, reinforce General Lincoln without delay; Your Excellency must be the best Judge what troops can Conveniently be spared. I have also enclosed an Act of Congress of the 6th Instant granting leave of Absence for eight months to Capt. Lieut. Van Dyke of the Artillery; Also the Copy of a letter from the President of the Council of Massachusetts Bay of the 22d Ulto. accompanied with an Act of the 8th Instant directing Commander in Cheif to take order.(2)

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I have the honor to be, with great respect, Your Excellency's Humble servant, Saml. Huntington President RC (DLC: Washington Papers). In the hand of George Bond and signed by Huntington. 1 Washington's letter of October 30 and two letters of the 17th are in PCC, item 152, 8:117,127-30,139-40; and Washington, Writings (Fitzpatrick),16:473-74,17:42 43. 2 See JCC, 15:1249. In its October 22 letter to Congress, the Massachusetts Council had complained that Col. Moses Hazen's regiment, which had recently completed cutting a road "from Newbury to within thirty Miles of Canada," was being reassigned and would therefore leave the area defenseless. It therefore appealed for an order to keep Hazen's Regiment, or "other suitable force," on the state's frontier. PCC, item 65,2: 13 - 16. For Washington's November 20 letter explaining why he could not spare any troops "for the defence of the Frontiers of New Hampshire and Massachusetts bay," see Washington, Writings (Fitzpatrick), 17:150 53.

James Lovell to Horatio Gates

Dear General Philada. Novr. 11th 1779 Your Favor by Mr. Guild & that by Capt Bowen appear not endorsed as heretofore acknowledged. III Health and an unconscionable Load of Business flowing from Arrangements or rather Derangments of foreign Affairs must be my Excuse. As to Canada Matters, if they were not properly attended to in a favorable Season last Summer they will be now probably altogether neglected.(1) Perhaps we shall Scarcely again think of operations in Concert of Land & Sea Commands. Fame will have prepared you for a Detail which I am about to give you from the Letters of our amiable tho unfortunate Friend Lincoln.(2) He writes from Charlestown Octr. 22d mentioning his former Information of the 5th of Septr. that Count DEstaing was arrived off Savannah. Orders were immediately given for assembling the Troops. They reached Zubly's Ferry on the 11th, on the 12th & 13th crossed with their Baggage under many disadvantages from Want of Boats & from the badness of the Roads, destroyed Bridges &c. &c. &c. encamped on the Heights of Ebenezer 23 miles from Savannah & were joined by the Troops from Augusta under Genl. McIntosh. 14th, remained there not know where the Count was, 15th, heared the Count wd. that night take post nine miles from Savannah, moved and encamped at Cherokee Hill 9 miles from the Town. 18th formed a Junction before Savannah. Reconnoitred and determin'd to make approaches to try the Effect of Artillery. From 18th to 23d landed the heavy Ordnance and Stores with difficulty for want of travailling Carriages. On the Evening of the 23d broke Ground: On the 5th of Octr Batteries of 33 Cannon & nine Mortars were opened & continued till the 8th-without the wished for Effect. The Period having long elapsed which the Count had assigned & the Engineers informg. that much more must be spent in regular approaches-and his longer

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Stay being impossible, matters were reduced to the alternative of raising the Seige immediately or reducing the Garrison by Assault- the latter was agreed on and in the morning of the 9th the attack was made-it proved unsuccessful. We were repulsed with some Loss. Soon after the Count communicated his Intentions of raising the Seige, he could not be diverted from it as his Departure was become indispensible. The Ordnance & Stores were reimbarked on the 18th, the American Troops marching that Eveng. reached Zubly's next morning crossed & encamped that night in Carolina. The french troops encamped on the Eveng. of the 18th about 2 miles from Savannah. The[y] were after twenty four hours to embark at Kincaids Landing. "Our Disappointment is great and what adds much to the Poignancy of our Grief is the Loss of a Number of brave officers & Men, among them the late intrepid Count Pulaski." "Count D Estaing has undoubtedly the Interest of America much at heart. This he has evidenced by coming to our Assistance-by his constant Attention during the Seige-his Undertaking to reduce the Enemy by Assault when he despaired of effecting it otherwise-and by bravely putting himself at the Head of his Troops and leading them to the Attack. In our Service he has freely bled. I feel much for him-for while he is suffering the distresses of painful wounds, he has to combat the Torments of Chagrin. I hope he will be consoled by an Assurance that, although he has not succeeded according to his Wishes & those of America, we regard with high Approbation his Intentions to Serve us, and that his Want of Success will not lessen our Ideas of his merit." No Returns-the Adjt. Genl not being arrived-from Memory, the killed & wounded amount in the whole to 170. There is another Letter from the Genl. to the correspondg. Comtee such as you will conjecture. The State of Sth. Cara. have thought we neglected them, we know they neglected themselves. They will not draught to fill up their Battalions, they will not raise black Regiments, they will not put their militia when in Camp under continental Rules. However, we must exert ourselves for them in every Way. They have not been neglected by us here but their Neighbours have not regarded our Recommedations. I wish I had stopped to mend me Pen just now-it is not at present worthwhile. You must not give this to Printer. We shall do it here shortly. I shall be watchful on the Score of yr. Recommendations & the Bearer's Merit. I send you Journals as far as I can. I shall soon see you or you me, which is the same Thing in amount. In sight or out I am most affectionately Your humble Servant, James Lovell RC (NHi: Gates Papers) 1 Lovell , a longtime critic of General Washington, was at this time particularly piqued hat the commander in chief had recently reassigned Col. Moses Hazen's

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regiment from a project to cut a road into Canada, leaving Massachusetts more vulnerable on its northern frontier. See the preceding entry, note 2. As this decision nearly coincided with a general redeployment of Continental resources to South Carolina (Massachusetts particularly resisted the reassignment of the Continental frigates at Boston), the Massachusetts delegates were pessimistic that vigorous measures against Canada could be revived in the foreseeable future. 2 See Samuel Huntington to Washington, November 10, and to Benjamin Lincoln, this date.

Committee of Congress to Benjamin Lincoln

Sir, Philadelphia Novr. 12th. 1779 We received your letter of the 23d of October, the 10th Inst. We are extreamly sorry the expedition to Georgia (on which we had formed the most sanguine expectations of success) has ended so unfortunately. It therefore now behoves us to be doubly industrious, in indeavouring to prepare against the worst that may happen in consequence thereof. It is unnecessary for us to inclose you Copies of the Acts of Congress on this subject, as they will be now forwarded to you by the President. (1) The succours from hence we are sensible will be in no capacity to render you any service for a length of time, & we place no dependence in their being able to reach you, so soon as the reinforcements to the enemy from New York, will them. However as we are induced to believe Virginia & North Carolina will, at the present alarming Crisis, strenuously exert themselves to afford you substantial Aid, we flatter ourselves, we shall not be again disappointed in our expectations from that quarter, in consequence of which, you will be enabled to make a tolerable stand, untill the troops from hence can come up. We have little doubt, but what the expedition now forming at New York, is directed against the Southern States. Apprehending this to be the case, Congress have ordered three of the Continental Frigates, to proceed immediately for Chs. Town, to be under your Command, and which we think, will be of essential service to you in the defence of the Harbour.(2) Whatever else can be from time to time thought of, for the better defence, & Security of your Command, will be properly attended to. We hope you will be more frequent in your communicating to us, as we think it is necessary to be informed as often as can be done, of your situation, & what might be further necessary for promoting the service of your department. We congratulate you on the happy event of the evacuation of Rhode Island caused we conceive from an expectation of a visit from Count D'Estaing.

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We are Sir, with much Esteem & regard, yr. most Obedt. Servts. Jno. Mathews Chairman RC (MeHi: Fogg Collection). Written and signed by John Mathews. Endorsed: "Jno. Mathews, Chairman Committee of Correspondence, Novr. 11. 1779." 1 See Samuel Huntington to Lincoln, November 11, 1779. 2 See Marine Committee to the Eastern Navy Board, November 10, 1779.

John Fell's Diary

Friday 12th [November 1779] Coml Committee. Congress. Reports from the Board of War and Treasury. Balloted for a Commissioner of Treasury Board.(1) 1 st 2d 3d 4h Wm Denning 5 Votes 6. 5. 4 John Gibson 6. 5. 5. 6 John Milligen (2) 1. 1............................ Marine Committee. MS (DLC). 1 The journals do not mention this ballot, but John Gibson was elected the third commissioner of the Board of Treasury on November 25. See Samuel Huntington to Jonathan Trumbull, Jr., this date, note 3. 2 Undoubtedly James Milligan, who had recently been elected auditor general. JCC, 15:1251.

William Churchill Houston to Caleb Camp

Sir, Philada. 12 Novr. 1779. In my last (1) I was under a Misconception relative to the Embargo Law of the State of Pennsylvania. I find that by a transient attention to it, I accidentally mistook for an Act, a Bill printed in the Pennsylvania-Packet for publick Consideration, and which did not pass. The Embargo now in operation here is not conditional, but absolute as ours. It is my Duty to notice the mistake lest it should be instrumental in giving Impressions unfavourable and unjust. Every Day brings me fresh Uneasiness respecting the Supply of the general Treasury. The Expectation of Count D'Estaing's visiting our Coasts, in this Quarter, has created a Flood of Expense, and the Means of defraying it are narrowing fast. If the Taxes for the present year are not fully and punctually paid in, every Thing, but Hope, holds up discouraging Prospects. All the States must see the Necessity of Exertion, and I dare believe New-Jersey will not be behind the foremost. The Close of this Campaign is set down for the Era of Reformation in the Percentage-departments, to say no more, and es- pecially if we are so fortunate as to carry through a Limitation

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of Prices. Afterwards, it is to be confided, Expenditures will be much less. As to the Payment of the Taxes for 1780, I mentioned in my last that it was hardly to be imagined any monthly assessment or Collection could be made in our State, though if it were practicable it has it's advantages. It is rather to be supposed the Legislature will lay the Amount in two or three Payments, and collect the Taxes for Support of Government along with one or all of them. I have before mentioned the Case of two Payments. If three are preferred, being one Million twelve Thousand five Hundred Pounds each Payment, they come, at equal Intervals, the first of February, May and August. The Legislature may also probably consider whether Taxes are not more easily paid in the Spring than in the Summer, and lay more at that Season. There would also be another Advantage in this Policy, the Money will probably be more wanted at the Time these Taxes are calculated to begin, than towards the Middle or latter End of the Year. There is one clear and obvious Principle on which all Taxation ought to be rested, and if it could be laid as the Groundwork and extend through our Tax-laws, Payment would not only be practicable but light and easy; it is "That every Man be called upon to pay in exact Proportion to his Ability, all Things considered." The Practice of this Principle, I confess, can never be attained precisely, but it is a Point of Perfection to which Laws may be directed, and to which they may continually more and more verge. The nearer an Assessment approximates to this, the more just it is. Why is it not proper to estimate every Part of the whole aggregate Estate, be the Kind of Property what it may, according as it is of use and Emolument to the Owner or Possessour, and all Acquisitions currently arising from Advantages and Opportunities? This Maxim is practised upon in some of the States, and comprehended in the short Description of "Taxing a Man according to his Faculty." The whole Debt of the Union does not amount to one Hundred Dollars a head, and if set off on Scale of strict Justice, would not perhaps to the Poor be more than the Price of three or four Days Work on a Taxable. Our State, it would seem, has always been in the Custom of taxing Lands too deeply, and there are many Kinds of Property, and Sources of Wealth and Income which have never paid any Thing. I enclose for the Perusal of such as are curious, and have not seen it "The Case of the Sloop Active,"(2) which has produced a Dispute between Congress and the State of Pennsylvania. The Nature of this Case will be plainly collected from the printed Proceedings of the Court of Admiralty before which it was tried. I mention what further is necessary to give an adequate Idea of the Cause of Difference. In the Court of Admiralty the Jury gave one fourth to the Insurgents and three fourths to the Libellant and another Cruiser in Sight at the Time of the Capture. From the Decision, which is said to be

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wholly on Matter of Fact, the Insurgents appealed. The Court of Appeals decreed the whole to them, and directed the Judge of Admiralty of the State of Pennsylvania to see their Sentence executed. The Judge refused, as the Law by which the Maritime Court is established in that State, allows an Appeal on Matter of Law only, and does not permit the Facts found by a Jury to be re-examined. Much Law-Ammunition has been spent on the Occasion, and the Difference is not yet adjusted. Certain it is that the Resolutions of Congress o