Journals of the Continental Congress, 1774-1789 : a machine readable transcription.

FRIDAY, APRIL 23, 1779

Mr. [John] Dickinson, a delegate for Delaware, attended, and took his seat in Congress.

A letter, of this day, from T. Paine was read, enclosing a paper which he informs is part of an original letter sent to him about a month ago.

A letter from Leonard Albouy has read, 1 soliciting an answer to the memorial from the inhabitants of Bermudas, on which the committee to whom the memorial was referred, report as follows:

1 The letter of Paine is in the Papers of the Continental Congress , No. 55, folio 55; that of Albouy is in No. 78, I, folio 241.

“That they have examined the said memorial, and conversed with Captain Albouy, the bearer thereof:

“That it appears to your committee that the inhabitants of Bermuda are in deep distress for want of provisions: that the Virginia and Galatea ships of war are stationed at Bermuda: that it is garrisoned by British soldiers; and that it is not altogether certain that any provisions Captain Albouy may be permitted to export will go to the relief of the Bermudians; therefore the committee are of opinion,

“That so long as Bermuda shall continue to be guarded by British ships and garrisoned by British soldiers, how powerfully soever humanity may plead in their behalf, and the disposition of Congress incline them to relieve the distresses of Bermuda, yet sound policy and the duty they owe to their constituents, will constrain them to refuse a compliance with the request of the memorialists.” 2

2 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 25, I, folio 145. Thomson has recorded upon it the vote.

On the question to agree with the report of the committee, the yeas and nays being required by Mr. [John] Jay,

0004 502 New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, no Rhode Island, Mr. Ellery ay Collins, ay Connecticut, Mr. Spencer, ay * New York, Mr. Jay, no Duane, ay ay G. Morris, ay Lewis, ay New Jersey, Mr. Fell, ay * Pennsylvania, Mr. Armstrong, no Atlee, no Searle, no no Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, no Paca, no no Carmichael, no Henry, ay Virginia, Mr. T. Adams, no M. Smith, no no R. H. Lee, no North Carolina, Mr. Penn, ay ay Sharpe, ay South Carolina, Mr. Laurens, no no Drayton,

So the states were equally divided.

Ordered , That the report, with the memorial, be recommitted.

A letter, of this day, from Colonel F. Johnson was read, inclosing sundry accounts:

Ordered , That the same be referred to the Board of Treasury.

Ordered , That the consideration of the reports of the Board of Treasury and Board of War be postponed.

The committee, to whom was referred the letter of 22, from General Greene, Sharpe, quarter master general, brought in a report; Whereupon,

0005 503

Your Committee, to whom was referred the letter of General Greene, of the 22 d . of April, 1779, beg leave to report:

That they have held a conference with Major General Greene, who informed the Committee that his Department is considerably in debt, and that the orders he has received from the Commander in Chief cannot possibly be complied with in the tune specified for that purpose, unless he can receive very considerable supplies of money.

That General Greene also laid before your Committee letters and estimates relative to the number of Waggoners to be employed, and the mode of obtaining them, to which they pray that reference may be had, and where they submit the following resolution:

Resolved , That the quarter master general be empowered and directed to employ so many waggoners as shall be necessary for the use of the army, upon the best terms on which they can be obtained, provided such terms are approved by the Commander in Chief.

That General Greene further informed your Committee, that unless an answer can be had to his former requests touching the assistant and deputies in his Department they will not continue in the service, wherefore your Committee submit the following order:

Ordered , That the Board of War make report with all convenient speed upon the letter of the from the Quartermaster General.

That the General further informed your Committee that the jealousies and suspicions which have prevailed with respect to the mode of paying for the services rendered in his Department; the very considerable tho' unavoidable expenditures, and the obloquy to which he finds himself exposed thereby, lay him under a necessity of resigning his office of Quartermaster General unless it can be held consistent with his reputation; wherefore he prays that Congress will take his Department into their early consideration, Your Committee thereupon submit the following order:

Ordered that the arrangement and salaries of the Quartermaster General's Department be taken into consideration on next. 1

1 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress , No. 19, II, folio 439.

A report from the Board of War on the salaries of officers in the department of the quarter master general was taken into consideration; after debate,

0006 504

Ordered , That the same be referred to the committee appointed to superintend the quarter master and commissary's department, and that they be directed to confer with the quarter master general, fill up the blanks and report to morrow morning.

Congress resumed the consideration of the resolution moved by the delegates of Rhode Island, and in lieu of the amendment moved by Mr. [Gouverneur] Morris and Mr. [James] Duane, viz. “upon condition that no farther or other wages be allowed to the said men by the said State, than what is paid to other the continental troops:”

A substitute was moved by Mr. [Thomas] Burke, and seconded by Mr. [William] Whipple, in the words following:

Provided, that the said State shall not augment the pay of the officers and soldiers of the said brigade, beyond the pay allowed to officers and soldiers in the continental army.

On the question to adopt the substitute in lieu of the amendment, the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Spencer, ay * New York, Mr. Jay, no no Morris, no Pennsylvania, Mr. Armstrong, no Atlee, no no Muhlenberg, no Wynkoop ay Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, no Paca, ay no Henry, no Virginia, Mr. T. Adams, no Smith, no no R. H. Lee, ay North Carolina, Mr. Burke, ay div. Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

0007 505

So it passed in the negative.

A motion was made by Mr. [Gouverneur] Morris, and seconded by Mr. [Meriwether] Smith, to amend the amendment, by inserting after “State,” these words, “whether by the name of pay, wages or subsistence, or in any other manner.”

On which the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Lovell, no no Holten, no Rhode Island, Mr. Ellery no no Collins, no Connecticut, Mr. Spencer, no * New York, Mr. Jay, ay ay G. Morris, ay Pennsylvania, Mr. Armstrong, ay Atlee, ay div. Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, ay Paca, no ay Henry, ay Virginia, Mr. T. Adams, no M. Smith, ay no R. H. Lee, no North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative.

On the question to agree to the amendment, the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Lovell, no no Holten, no Rhode Island, Mr. Ellery no no Collins, no Connecticut, Mr. Spencer, no * New York, Mr. Jay, ay ay Morris, ay 0008 506 Pennsylvania, Mr. Armstrong, ay Atlee, ay div. Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, ay Paca, ay ay Henry, ay Virginia, Mr. T. Adams, ay M. Smith, ay ay R. H. Lee, no North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [Meriwether] Smith, to add “and provided that the continental battalions of the said State be first compleated.”

On which the yeas and nays being required by Mr. [Gouverneur] Morris,

So it passed in the negative.

On the question to agree to the amendment, the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Lovell, no no Holten, no Rhode Island, Mr. Ellery no no Collins, no Connecticut, Mr. Spencer, no * New York, Mr. Jay, ay ay Morris, ay Pennsylvania, Mr. Armstrong, ay Shippen, no no Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, ay Paca, no ay Henry, ay Virginia, Mr. T. Adams, no Smith, ay no R. H. Lee, no North Carolina, Mr. Penn, ay Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, no div. Drayton, ay

So it passed in the negative.

Adjourned to 10 o Clock to Morrow.

SATURDAY, APRIL 24, 1779

A letter, of 7, from John Irwin, deputy commissary general of issues at Fort Pitt was read, inclosing an account:

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

A letter, of 20, from John Lawrance, judge advocate general, was read:

Ordered , That it be referred to the Board of Treasury. A memorial from Samuel Carruthers was read:

Ordered , To lie on the table.

A memorial from Gideon Olmstead, Artemas White, and Aquila Ramsdale, claimants of the sloop Active , was read; 1 Whereupon,

1 Lawrance's letter is in the Papers of the Continental Congress , No. 78, XIV, folio 26; the memorial Carruthers, in No. 43, folio 59; and the memorial of Olmstead, dated April 9, in No. 42, VII, folio 251.

Congress resumed the consideration of the report of the committee appointed to confer with a committee of the general assembly of Pensylvania, relative to the sloop Active , After debate,

A motion was made by Mr. [Thomas] Burke, seconded by Mr. R[ichard] H[enry] Lee, that the farther consideration thereof be postponed. To which, it was moved by Mr. [James] Searle, seconded by Mr. [Thomas] Burke, to add until the 15 September next.

Question put on the amendment:

Passed in the affirmative.

On the question to agree to the motion as amended, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Spencer, ay * 0010 508 New York, Mr. Jay, no Duane, no div. Floyd, ay Lewis, ay new Jersey, Mr. Fell, ay * Pennsylvania, Mr. Armstrong, ay Shippen, ay Atlee, ay ay Searle, ay Muhlenberg, ay Wyncoop, ay Maryland, Mr. Plater, ay Paca, ay ay Carmichael, ay Henry, ay Virginia, Mr. T Adams, ay Smith, no ay R. H. Lee, ay North Carolina, Mr. Penn, no Burke, ay no Sharpe, no South Carolina, Mr. Laurens, no div. Drayton, ay

So it was resolved in the affirmative.

A memorial from the hon ble Sr Gérard, minister plenipotentiary of France, with a paper enclosed relative to two Spanish vessels captured by an American privateer and carried into the State of Massachusetts bay;

Also a letter from Mr. Holker, relative to a suit commenced by Messrs. de la Neuville et la Nos against Captain Douglass, commander of the privateer schooner, The Hunter , were read:

Ordered , That they be referred to the Committee on Appeals, and that the Committee be instructed to prepare a system of regulations for marine jurisdiction.

The Committee on Appeals to whom was referred the Memorial of the 24 th . of April last from the Minister of France, upon the representation of Don Juan De Miralles respecting two Spanish ships captured by two American Privateers, and carried into Newberry and Beverley in Massachusetts Bay; and also the Memorial and papers thereunto annexed from Joseph De Llano and Joachin Luca, Masters of the said two Spanish ships, report:

That by the law of Massachusetts Bay, appeals from their maritime courts to Congress are allowed only in cases, in which vessels in the 0011 509 service of the United States are concerned, and that all other maritime causes arising within the said State, are finally to be determined in a Court of Appeal in the State.

That the cases of the said two Spanish ships are not triable on appeal before Congress, but are now pending in the proper court for trial thereof in the State of Massachusetts Bay, according to the law of that state, and the Congress cannot interfere in its administration of justice in the premises.

That it is of the highest importance to the welfare and interests of these United States, that there be an uniform and equal administration of maritime law within the said states, and therefore the Committee on Appeals submit to the consideration of Congress, the following resolution:

Whereas, on the sixth of March last it was resolved, that Congress is by these United States invested with the Supreme Sovereign Power of War and Peace: that the Power of executing the Law of Nations is essential to the Sovereign Supreme Power of War and Peace: that the legality of all captures, on the high seas must be determined by the Law of Nations: that the authority ultimately and finally to decide on all matters and questions touching the law of nations does reside and is vested in the Sovereign Supreme Power of War and Peace: that a controul by appeal is necessary in order to compel a just and uniform execution of the Law of Nations: that the said controul must extend as well over the decisions of Juries as Judges in Courts for determining the legality of captures on the seas, otherwise the Juries would he possessed of the ultimate Supreme Power of executing the law of nations in all cases of captures, and might at any time exercise the same in such manner, as to prevent a possibility of being controuled, a construction which involves many inconveniencies and absurdities, destroys an essential part of the power of war and peace intrusted to Congress, and would disable the Congress of the United States from giving satisfaction to foreign Nations complaining of a violation of neutralities, of treaties, or other breaches of the law of nations, and would enable a Jury in any one State, to involve the United States in hostilities, a construction, which for these and many other reasons is inadmissible: And whereas in the Articles of Confederation heretofore laid before the several United States, provision is made for a proper administration of law in cases of capture on the high seas, but by reason that only twelve of the said United States, have ratified the said articles, the said provision 0012 510 remains without effect: And, whereas it is absolutely necessary, as well for the tranquility of the citizens of the several states, as for the satisfaction of Foreign Powers, that the said provision should be without delay carried into full effect; Wherefore,

Resolved , That it be recommended to each of the United States, that a law be enacted vesting in the Congress of the United States the powers specked in the said provision; to wit, That “the United States in Congress assembled shall have the sole and exclusive right and power of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated, appointing Courts for the Trial of Piracies and Felonies committed on the high seas and establishing Courts for receiving and determining finally appeals in all cases of captures; Provided, that no Member of Congress shall be appointed a Judge of any of the said Courts.” 1

1 This report, in the writing of William Henry Drayton, is in the Papers of the Continental Congress , No. 29, folio 371.

The Board of War to whom was referred the petition of Colonel Van Cortlandt and Colonel Gansevoort, report that the same be referred to General Washington, who will proceed in the settlement of the rank of these officers in the mode pursued in similar cases.

Resolved , That Congress agree to the said report.

Ordered , That so much of the report of the Board of War as relates to George Ewing, commissary of hides, be recommitted.

Adjourned to 10 oClock on Monday.

TUESDAY, APRIL 27, 1779

Mr. [Roger] Sherman, a delegate from Connecticut, attended, and delivered a resolution of the general assembly of that State, respecting the powers of their delegates, which was read as follows:

At a general assembly of the governor and company of the state of Connecticut, holden at Hartford, by special order of his excellency the governor, on the 7th day of April, 1779: Resolved by this assembly, that any one of the delegates of this state in Congress be, and is hereby fully authorized, in the absence of the others, to represent this state, until the articles of confederation are fully ratified, so as to be made the rule of proceeding in Congress.

A true copy of record, examined by

George Wyllys , Secretary .

Mr. [Daniel of St Thomas] Jenifer, a delegate of Maryland, attended, and took his seat in Congress.

A petition of B. Arnold;

A letter, of 15, from J. Trumbull, governor of Connecticut and;

One, of 17, from Major General Heath, were read: 2

2 Trumbull's letter is in the Papers of the Continental Congress , No. 66, Il, folio 9; those of Heath, in No. 157, folios 254, 269.

Ordered , That they be referred to the Board of Treasury. Another letter, of 17, from Major General Heath; one of 7, from W. Greene, governor of Rhode Island, and one, of this day, from S. Deane, were read.

0016 514

A letter, of 23d, from the Board of War was read, enclosing a letter from T. Bradford, deputy commissary of prisoners, respecting J. Connolly: 1

1 Greene's letter is in the Papers of the Continental Congress , No. 64, folio 434; that of the Board of War, in No. 147, III, folio 223, and that of Bradford, on folio 227.

Ordered , That so much of the said letter as relates to J. Connolly be referred to a committee of three:

The members chosen, Mr. [Richard Henry] Lee, Mr. [John] Armstrong, and Mr. [Roger] Sherman.

On motion of Mr. [Richard Henry] Lee, seconded by Mr. [Samuel] Atlee,

Ordered , That the Board of War confine J. Connolly to the new prison and the yard thereof until the committee make report.

Ordered , That the remainder of the letter from the Board of War, respecting the defence of the river Delaware, be referred to the delegates of Pensylvania.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Joseph Carleton, pay master to the Board of War and Ordnance for sixty dollars, in specie, to be by him transmitted to Major General Schuyler, one of the commissioners of Indian affairs for the northern department, the said commissioners to be accountable.

That a warrant issue on the treasurer, in favour of Mr. Whitmill Hill and Mr. Thomas Burke, delegates for the State of North Carolina, on their application, for four thousand dollars; the said State to be accountable. 2

2 This report, dated April 21, is in the Papers of the Continental Congress , No. 136, III, folio 263. The Indian appropriation granted was based upon a letter from Major General Schuyler of April 8.

That a warrant issue on the treasurer, in favour of Mr. [Samuel] Atlee, delegate for the State of Pensylvania, on his application, for fifteen hundred dollars, the said State to be accountable.

0017 515

That a warrant issue on the treasurer, in favour of the delegates of Virginia, on their applications, for ten thousand dollars, the said State to be accountable.

That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for five hundred thousand dollars, to be transmitted to Thomas Reed, Esq. assistant paymaster general at Albany, for the use of his department, to be charged to William Palfrey, Esq. paymaster general, who is to be furnished with a copy of this resolution. 1

1 This report, dated April 20, is in the Papers of the Continental Congress , No. 136, III, folio 261.

That a Warrant issue on the treasurer, in favour of Isaac Forster, Esq. deputy director general of the hospital in the eastern district, for one hundred thousand dollars, to be paid agreeable to his request to John Adams, for the use of the hospitals in that district, the said Doctor Forster to be accountable. 2

2 Based upon Forster's letters of Hatch 9 and 10, 1779.

The Board of Treasury having reported, that an additional auditor should be appointed for the army, and recommended Captain Joseph Howell to that office; and that the pay of the several auditors of the army be increased to eight dollars a day: 3

3 This report, dated April 26, is in the Papers of the Continental Congress , No. 136, III, folio 271.

On the question, Resolved , That an additional auditor be appointed for the army;

Congress proceeded to the election: and the ballots being taken, Captain Joseph Howell was elected.

On the question to agree, that the pay of the several auditors of the army be increased to eight dollars a day, the yeas and nays being required by Mr. [Meriwether] Smith,

0018 516 New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Sherman, ay div. Spencer, no New York, Mr. Jay, no Morris, ay ay Floyd, ay Lewis, ay New Jersey, Mr. Fell, ay * Pennsylvania, Mr. Armstrong, ay Atlee, ay Searle, ay ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Paca, ay ay Carmichael, ay Jenifer, ay Virginia, Mr. T Adams, no Smith, no div. R. H. Lee, ay Griffin, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it was resolved in the affirmative.

The commissioners report,

That there is due to Thomas Bradford, his account, for printing 3000 auditors certificates, 1000 recruiting accounts with certificates, and for paper, six hundred and fifty three dollars and 30/90ths.

That there is due to Jeremiah Trexler, his account of expences for conducting six indians from Easton to Philadelphia, in July, 1777, thirty two dollars and 60/90ths, to be paid as per order to Joseph Deane.

Ordered , That the said accounts be paid.

The commissioners farther report that they have re-examined the account of John Dunlap, and having consulted the 0019 517 several printers respecting the particular charge of printing General Lee's trial, are of opinion, That the whole of his account amounting to eight thousand two hundred and twenty two dollars and 60/90ths should be paid to him. 1

1 This report, dated April 15, is in the Papers of Continental Congress , No. 136, III, folio 247. The commissioners added the following opinion: “From whose [the printers] information they cannot ascertain any other precise charge than he himself has made. We therefore, from the circumstances attending the work of striking one hundred copies only and the rapid depreciation of paper money since it was done, are induced with submission to think, that the whole amount of his account being, eight thousand, two hundred, twenty two and 60/ dollars should now be paid to him.”

On the question to agree to this report, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, ay Rhode Island, Mr Ellery, no no Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, no Duance, ay Morris, ay ay Floyd, ay Lewis, ay New Jersey, Mr. Whiterspoon, ay Scudder, no ay Fell, ay Pennsylvania, Mr. Armtrong, ay Atlee, ay Searle, ay ay Muhlenberg, ay Wyncoop, ay Maryland, Mr. Plater, no Paca, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. T. Adams, ay Smith, no ay R. H. Lee, ay Griffin, ay North Carolina, Mr. Penn, no Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, ay div. Drayton, no

0020 518

So it was resolved in the affirmative.

The Committee on the Treasury brought in a farther report; Whereupon

Ordered , That a warrant issue on the treasurer, in favour of the State of Maryland, for five hundred thousand dollars, to be paid to the delegates of that State and by them transmitted to Governor Johnson, for the purchase of flour for the continental army; the said State to be accountable.

That a warrant issue on the treasurer, in favour of Mr. [William] Sharpe, delegate from the State of North Carolina, on his application, for two thousand five hundred dollars, the said State to be accountable. 1

1 This report, dated April 27, is in the Papers of the Continental Congress , No. 136, III, folio 279. The first paragraph was based upon a letter of Johnson, of April 20.

That a warrant issue on the deputy pay master general in the northern department, in favour of Colonel Morgan Lewis, deputy quarter master general in the said department, for the sum of fifty one thousand three hundred and nineteen dollars and 22½/90ths, being the balance reported to be due to him by the commissioners of accounts at Albany by their report, dated at Albany the 4th March last; and that the said sum be credited to the said deputy paymaster. 2

2 This report, dated April 27, is in the Papers of the Continental Congress , No. 136, III, folio 281.

Whereas many accounts of expenditures for the public service in the State of New York remain unsettled:

Resolved , That John Welles, Edward Chinn, and Eleazer Wales, Esqrs. the commissioners of accounts for the northern department, be continued in their present office so long as the Board of Treasury shall think it expedient, notwithstanding the appointment of Mr. Welles as a commissioner of the chamber of accounts; and that all such accounts as have arisen or shall arise within the said department, be adjusted by the said commissioners of accounts. 3

3 This paragraph formed part of a report of the committee, dated April 23, in the Papers of the Continental Congress , No. 136, III, folio 269.

0021 519

Treasury Office April 21 st . 1779 .

The Committee on the Treasury beg leave to submit the following report:

It is the opinion of your Committee that Congress are loudly called upon to turn their attention to ways and means for supporting the war.

It is no longer probable that the expedient of calling in the emissions of May 20 th ., 1777, and April 11 th ., 1778, will afford any other extensive advantage than that of defeating frauds by counterfeits. Such are the thirst for traffic, the diffidence of our funds from the fluctuation of the paper money, and the arts of the disaffected, that little comparatively of those emissions will he drawn into the Loan offices: a vast proportion of the amount must consequently be exchanged after the first of August, and pass again into circulation, while experience has shewn that those emissions effectually suspend the attainment of other money on loan. Nor can the tax of fifteen million dollars produce very essential effects. The emission of new money is therefore our principal resource, and it must keep pace with the expenditures, at the same time that those expenditures increase with such rapidity that it is impossible to foresee where they will terminate. In fact your Committee are of opinion that unless vigorous and decisive measures are adopted, the present system, by which the expences of the war are supported, must he frustrated. Your Committee from these apprehensions beg leave to lay before Congress the remedies which appear to them to promise success.

Œconomy in the public expences is the first object.

The establishment of a Board of Treasury with competent authority to call public debtors and defaulters to account, a plan for which is herewith presented numbered (1).

The reduction of unnecessary Boards and supernumerary Officers, both in Civil and Military departments. The suppression of useless seperate commands.

A Reformation in the manner of rewarding Purchasing Commissaries and Quarter Masters; and a reduction of the expences of the Hospital, are some of the particulars which in the opinion of your Committee demand attention. To promote so necessary a reformation; your Committee are of opinion that a strict enquiry ought to be made by a select Committee (or one of the standing Boards) into the public expenditures, and the practicability of their reduction; for which purposes the resolutions N o 2 and 3 are submitted.

0022 520

The second great object is to establish the funds for carrying on the War, for which purpose your Committee submit the following propositions:

That it be recommended to the respective States to call in million dollars by a tax the ensuing autumn, in the proportions and on the terms specified in a resolution for the late tax of 15 million for which purpose they have proposed the report (No 4).

That an alteration be made in the system of the loan offices so as to afford the lender a reasonable propect of security. At present the progressive depreciation of the paper medium, which at least keeps pace with the emissions, is an unsurmountable discouragement.

A plan for this purpose is contained in the report (No 5) herewith presented.

That twelve million dollars be borrowed on life annuities. Your Committee have reason to think that a plan of this nature would be very acceptable to the citizens of these States, and meet with great encouragement.

They have submitted it in the report (N o 6).

A Recommendation to the States to licence and regulate retailers of foreign Commodities, so that they may be limited within some bounds.

Unless some remedy is provided the murmurs of the Citizens of these States will, it is feared, be followed by consequences still more disagreeable than the rapid depreciation of the money. Your Committee for this purpose have proposed the resolution No 7.

A foreign loan, at least to the amount of all the cloathing, arms and ammunition necessary to carry on the War. A Report for this purpose has long since been presented by the Committee of Conference and remains for consideration. 1

1 This report is in the Papers of the Continental Congress , No. 136, III, folio 265. It is endorsed as “Read April 27. Postponed to Thursday next.” See p. 491 n, ante .

The Committee on the Treasury report as their opinion:

That Tuesdays, Thursdays and Saturdays be assigned for considering the reports of the treasury or other committees, relative to finance, until a decision thereon is obtained, and that no other business be considered after 12 o clock on those days, unless by the unanimous consent of the members of the House. 2

2 This paragraph formed part of a report of the committee, dated April 23, in the Papers of the Continental Congress , No. 136, III, folio 269.

0023 521

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [John] Penn,

To strike out the words “Tuesdays” and “Saturdays” On the question, shall Tuesdays stand, the yeas and nays being required by Mr. [Elbridge] Gerry,

Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, no Morris, no no Floyd, no Lewis, no New Jersey, Mr. Witherspoon, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, no no Muhlenberg, no Wyncoop, no Maryland, Mr. Plater, no Carmichael, ay div. Henry, no Jenifer, ay Virginia, Mr. T. Adams, no Smith, no div. R. H. Lee, ay Griffin, ay North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no div. Drayton, no

So it passed in the negative and the word was struck out.

On the question shall Saturdays stand, the yeas and nays being required by Mr. [Elbridge] Gerry,

0024 522 Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, no Holten, ay Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, no Morris, no no Floyd, Lewis, New Jersey, Mr. Witherspoon, no Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, no no Muhlenberg, no Wynkoop, no Maryland, Mr. Plater, no Carmichael, ay div. Henry, no Jenifer, ay Virginia, Mr. T. Adams, ay Smith, no div. R. H. Lee, no Griffin, North Carolina, Mr. Laurens, ay div. Drayton, no

So it passed in the negative and the word was struck out.

In lieu of the report the following substitute was moved by Mr. [Gouverneur] Morris, seconded by Mr. [Nathaniel] Scudder,

That every Thursday, immediately after reading the journal, the House proceed to consider the reports of the Board of Treasury and other committees on finance,

Question put, resolved in the affirmative.

A motion was made by Mr. [Roger] Sherman, seconded by Mr. [James] Lovell, to strike out the word “every”, and after Thursday insert the word “next”.

0025 523

Question put, resolved in the affirmative.

On the question,

Resolved , That Thursday next, immediately after reading the journal, the House proceed to consider the reports of the Board of Treasury and other committees on finance.

On motion of Mr. [Gouverneur] Morris, seconded by Mr. [Thomas] Burke,

Resolved , That when a motion is made to bring on or postpone any particular business, no member be allowed to speak more than once.

Resolved , That four thousand loan office certificates of one thousand dollars each, of the same tenor and date as the last emission of such certificates, be struck and sent to the several commissioners of the continental loan office, under the direction of the Board of Treasury; and that as many certificates of the lower denominations already struck, as amount to four millions of dollars, be retained in the hands of the treasurer of loans until the further orders of Congress. 1

1 This paragraph, and those on McKallaher, are in a report of the Committee on the Treasury, dated April 16 and 17, in the Papers of the Continental Congress , No, 136, III, folio 255;

Ordered , That Mr. F[rancis] Lewis have leave of absence.

Resolved , That Captain John Helm be appointed one of the signers of the continental bills of credit.

The Committee on the Treasury report,

That information has been given to the Board of Treasury that Alexander McKallaher, the deputy commissary of the hospital at the Yellow Springs, has made a practice of exchanging the hospital stores, such as sugar, molasses, &c. for butter, poultry, eggs, &c. for his own and the doctors' table: That he keep a blooded horse in the guard house, and a mare and colt; and a hostler at his quarters, and another at the hospital, that he entertains all people who come to the hospitals with wine and toddy, alledging that he is allowed to 0026 524 do so by Congress or Doctor Shippen, the informant is not certain which.

That those circumstances have given occasion to great clamours among the inhabitants in the neighbourhood.

That it is a convalescent hospital: That they have repaired the Farmer's houses in the neighbourhood for their own convenience at the public expence; Whereupon,

Ordered , That the information from the Committee on the Treasury, relative to Alexander McKallaher be referred to the Medical Committee, and that they take such measures for ascertaining the facts; and if properly supported for bringing him to a tryal, as they shall judge expedient. 1

1 The committee's recommendation was that “an enquiry ought to be made into the truth of the said charges, without delay; and that on proof thereof the parties charged ought to be suspended and brought to trial.” The resolution adopted was an amendment offered by Elbridge Gerry, to be found in his writing on folio 259½. The name is written McKallaster in the Journals, and McKallaher in the committee report.

At a Board of War , April 27 th ., 1779 .

Present, Col. Pickering and Mr. Peters

Col George Morgan having represented to Congress, that it was impossible for him to do the business of his department at the Commission of ½ p r cent allowed him as Deputy Commissary General of purchases for the Western District, and desiring either that the Commission be increased or an adequate salary fixed. The Board taking the same into consideration, beg leave to inform Congress:

That not knowing the views of Congress with respect to the compensation to be allowed to the Officers of the civil Departments, it is impossible for us to form a determinate report on the subject; but we beg leave to submit the following, that they may be pleased to act therein as they shall deem most proper.

That from the scattered situation of the settlements in the Western district; and the consequential difficulties in obtaining the supplies of provisions therein, Col Geo: Morgan, Deputy Commissary General of Purchases for that district be allowed a Commission of p r Cent, on all purchases made by him for the Army of the United States. Or—That in consideration of the peculiar difficulties attending the purchases of provisions in the Western District, Colonel George 0027 525 Morgan, Deputy Commissary General of Purchases for that district be allowed dollars per month, as a compensation for his trouble and expences in making the necessary purchases of provisions for the use of the troops stationed at the posts depending upon him for supplies.

That each of his assistants be allowed dollars per month and two rations per day.

That his clerk be allowed dollars p r month and two rations p r day.

We have enclosed a paper signed by Colonel Morgan, which will shew Congress his expectations and his Ideas of the appointments necessary for the persons employed under him. We beg leave to add that a Commission of 2½ p r Cent on the probable expenditures for provisions in this Department for the year to come, will amount to twice as much as the pay Colonel Morgan asks for himself, of thirty dollars a day for pay and all travelling expences. He informs the Board that he would be extremely sorry to throw any embarrassments in the way of public business; on the contrary, that he is anxious to have the supplies for the Western Department procured; but cannot continue to conduct that business on his present allowance to his certain very great loss; that nevertheless, if the terms he proposes are not agreeable, he will exert himself to the utmost in making the necessary purchases until Congress shall appoint a proper person to Succeed him, so that the Department may not suffer from a want of provisions; hoping in this case that such appointment would not be long postponed; but for this purpose an immediate supply of money is indispensably necessary, but which he has not yet been able to obtain of the Commissary, Generals Agent, who says he cannot obtain it from the Treasury. He further represents, that so much time has already elapsed since his application to the Commissary Generals Agent for money it is out of his power to fulfil the orders he received from the Commander in Chief in the time limited; and that a longer delay will probably put it wholly out of his power to furnish the requisite supplies for the ensuing Campaign. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 241. The letter of Colonel Morgan, dated April 27, is on folio 245.

0028 526

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [John] Penn;

That a sum of money in specie be immediately sent to the Commander in Chief, for secret services.

In lieu of which a substitute was moved by Mr. [Henry] Laurens, seconded by Mr. [Nathaniel] Scudder in the words following, viz:

That the President write to the Commander in Chief and enquire whether he is in want of specie for secret services.

Question put, to admit the substitute. Passed in the affirmative.

An amendment was then moved by Mr. S[amuel] Adams, seconded by Mr. [Gouverneur] Morris, instead of the words “enquire whether, &c.”, to insert, “inform him that if he is in want of specie for secret services, he may draw for any sum or sums to the amount of two thousand guineas upon the treasurer, who will pay the same.”

Question on the amendment, passed in the affirmative.

On the question to agree to the motion as amended,

Resolved , That the President write to the Commander in Chief, and inform him that if he is in want of specie for secret services, he may draw for any sum or sums to the amount of two thousand guineas on the treasurer, who will pay the same. 1

1 The proceedings on this question of specie for Washington are taken from the Manuscript Secret Journal, no entry having been made in the regular journals.

Adjourned to 10 oClock to Morrow.

WEDNESDAY, APRIL 28, 1779

Mr. William Fleming, a delegate from Virginia, attended and produced the credentials of his appointment, which were read, as follows:

Virginia , To wit,

In General Assembly.

Monday December 14 th . 1778

Resolved , that William Fleming, of Powhatan, Esquire, be elected a Delegate to represent this Commonwealth in Congress, in the room of John Banister, Esquire, who hath resigned.

Teste.

Archibald Cary , S. S.

Benj a . Harrison , Sp. H. D. 1

1 The original is in the Papers of the Continental Congress , Virginia, Credentials of Delegates .

A petition of Captain John Baptist Allin was read, 2 with sundry papers enclosed:

2 This petition is in the Papers of the Continental Congress , No. 42, I, folio 41.

Ordered , That the same be referred to the Board of War.

A letter, of 27, from N. Greene, Q. M. G., was read:

Ordered , That it be referred to the committee appointed to superintend the departments of the quarter master and commissary general.

A petition of Gideon Olmstead, Artemas White and Aquilla Ramsdill, claimants of the sloop Active , was read, 3 praying that the whole amount of the said sloop and cargo may be advanced to them out of the public treasury, upon their tendering sufficient security to refund the same with interest, if Congress shall so determine, or one half thereof upon their own security.

3 This petition is in the Papers of the Continental Congress , No. 42, VI folio 25.

0030 528

A motion was made by Mr. [Thomas] Burke, seconded by Mr. S[amuel] Adams, that it be referred to the Board of Treasury, on which the yeas and nays being required by Mr. [Henry] Laurens,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. Adams, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, ay div. Spencer, no New York, Mr. Jay, ay Floyd, ay ay Lewis, no New Jersey, Mr. Witherspoon, no Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, no no Searle, no Muhlenberg, no Wyncoop, no Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, ay Paca, ay ay Henry, no Jenifer, ay Virginia, Mr. T. Adams, no Smith, no no R. H. Lee, no Fleming, no North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no no Drayton no

So it passed in the negative.

A motion was made by Mr. [Meriwether] Smith, seconded by Mr. [Henry] Laurens,

That the prayer of the petition be rejected. After debate,

A motion was made by Mr. [William Henry] Drayton, seconded by Mr. [John] Witherspoon, that the consideration 0031 529 thereof be postponed until the 15 of September, on which the yeas and nays being required by Mr. [Henry] Laurens,

New Hampshire, Mr. Whipple, ay ay Mr. S. Adams, no Lovell, no no Holten, ay Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, no Floyd, ay ay Lewis, ay New Jersey, Mr. Witherspoon, ay Scudder, ay ay Fell, ay Pennsylvania, Mr. Armstrong, ay Atlee, ay Searle, ay ay Muhlenberg, ay Wyncoop, ay Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, no Paca, no div. Henry, no Jenifer, ay Virginia, Mr. T. Adams, ay Smith, ay ay Fleming, ay North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

A letter, of 27, from J. Reed, president of the State of Pensylvania, was read; 1 Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 69, II, folio 57.

A motion was made by Mr. [William Henry] Drayton, seconded by Mr. [Gouverneur] Morris,

0032 530

That the president make application to the president of the State of Pensylvania, to desire that he will specify those “transactions respecting General Arnold,” which “are likely again to become the subject of discussions between Congress and the authority of the State,” alluded to in his letter of the 27, as information received through the delegates of that State; Congress not being acquainted with any such transactions on their part, and to assure the president that Congress, being disposed to preserve the most perfect harmony with the State of Pensylvania, wish to avoid every transaction likely to become the subject of discussion with the State.

A motion was made by Mr. [William] Paca, seconded by Mr. [John] Armstrong, that the letter from Mr. President Reed be referred to the committee to whom was referred the letter from Major General Arnold.

On the motion for commitment, the yeas and nays being required by Mr. [William Henry] Drayton,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, ay Duane, ay ay Morris, ay Lewis, ay New Jersey, Mr. Witherspoon, ay Scudder, ay ay Fell, Pennsylvania, Mr. Armstrong, ay Atlee, ay Searle, ay ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Paca, ay Carmichael, ay ay Henry, ay Jenifer, ay 0033 531 Virginia, Mr. T. Adams, ay Smith, ay R. H. Lee, ay ay Griffin, ay Fleming, ay North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

A motion was then made by Mr. [William Henry] Drayton, seconded by Mr. [Cyrus] Griffin,

That the committee be instructed to make application to the president of the State of Pensylvania, to desire that he will specify those “transactions respecting General Arnold,” which “are likely again to become the subject of discussions between Congress and the authority of the State,” alluded to in the president's letter of the 27, as information received through the delegates of this State; Congress not being acquainted with any such transactions on their part, and to assure the president that Congress, being disposed to preserve the most perfect harmony with the State of Pensylvania, wish to avoid every transaction likely to become the subject of discussion with the State.

When the question was about to be put, the previous question was moved by Mr. R[ichard] H[enry] Lee, seconded by Mr. [Roger] Sherman; and on the previous question, the yeas and nays being required by Mr. [William Henry] Drayton,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, no Duane, ay div. Morris, Lewis, ay 0034 532 New Jersey, Mr. Witherspoon, ay Scudder, ay ay Fell, ay Pennsylvania, Mr. Armstrong, ay Atlee, ay Searle, ay ay Muhlenberg, ay Wynkoop, Maryland, Mr. Plater, no Paca, ay Carmichael, ay ay Henry, ay Jenifer, no Virginia, Mr. T. Adams, ay Smith, no R. H. Lee, ay no Griffin, no Fleming, no North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay div. Drayton, no

So it was resolved in the affirmative, and the motion set aside.

A motion was made by Mr. [William] Paca, seconded by Mr. [John] Armstrong that three members be added to the committee.

Question put, passed in the negative.

On motion of Mr. [Elbridge] Gerry, seconded by

Resolved , That the Committee of Commerce be directed to instruct the continental agent at Boston to obtain a division of the prize goods lately taken by the ships Warren, Queen of France and Ranger , and to retain such part as belongs to the United States for the disposition of the said committee.

On motion of Mr. [Henry] Laurens, seconded by

Resolved , That on Friday next, immediately after reading the journal, the House proceed to the consideration of the report of the committee on foreign affairs, &c.

Adjourned to 10 oClock to Morrow.

FRIDAY, APRIL 30, 1779

The order of the day being read for proceeding to the consideration of the report of the committee on foreign affairs; and the question under debate being stated, shall Arthur Lee, Esq. commissioner of the United States at the court of Madrid, be recalled?

0036 534

Mr. [William] Paca arose, and informed the House, that he had important information on the subject of the said report, which he would communicate agreeable to the order of the House: he then proceeded to lay on the table a paper signed by himself and Mr. W[illiam] H[enry] Drayton, containing intelligence respecting Arthur Lee, Esq. which was read.

April 30 TH ., 1779.

On the 15 th . day of April Instant, Congress ordered that the members of this House, who may have any papers or evidence in their possession relative to the said report, do lay the same upon the Table.

On the twenty eighth day of April Instant, Congress ordered the report of the Committee of Foreign Affairs to be considered. On this day just as the House were about to proceed to the consideration of the said report, the Hon ble . W m Paca informed the House, that he had important information on the subject of the said report which he would communicate agreeable to the order of the House. He then proceeded to lay a paper signed by himself and the Hon ble . W. D[H] D[rayto]n containing intelligence respecting Arthur Lee Esq r . upon the Table, where it having been read by the Secretary, M r Paca moved and was seconded by M r Drayton “that the said paper be entered on the journals.”

An objection was made by M r . S. Adams to the said motion, as being out of order; and the President being of opinion that the motion was in order, an appeal was made to the House. 1

1 This paper, in the writing of John Jay, is in the Papers of the Continental Congress , No. 86, I, folio 21.

Motion of M r Paca, seconded by M r Burke

Whereas by Intelligence communicated to Congress by the Minister Plenipotentiary from France there is reason to think that a negotiation for peace will shortly commence at the court of Madrid through the mediation of the said Court; and whereas information has been given to Congress that M r . Arthur Lee, Commissioner to the said Court for these States, has not the confidence of either the Courts of Versailles or Madrid, from which information if true there is reason to think that the appointment of the said M r . Arthur Lee, Plenipotentiary at the Court of Madrid, to negotiate peace for the States would be highly disgusting to both the said courts; and whereas, Congress are informed that the Sieur Gérard, Minister Plenipotentiary from France can give full and complete satisfaction on this 0037 535 subject, and as Congress can not doubt, but what the said Sieur Gérard, from his regard to the interests of these States and the alliance concluded between them and his court, will give such information as he is possessed of, if called upon.

Resolved , That the Sieur Gérard be requested to inform Congress, whether M r A. Lee possesses the confidence of the court of Versailles or Madrid in such degree, as that they can and will fully and freely consult with and entrust him with all matters and things which relate to the welfare and happiness of these States, and the common interest of the alliance between these States and the Court of France.

April 28. 1779. 1

1 This motion, in the writing of William Paca, is in the Papers of the Continental Congress , No. 36, I, folio 23. It is endorsed “April 30, 1779.”

The undersigned Members of the Congress of the United States of North America have the honor to inform the said Congress,

That upon good grounds, having been led to believe that the conduct of Arthur Lee, Esq., late one of the Commissioners representing these United States at the Court of Versailles, and now sole Commissioner to represent the said States at the Court of Madrid, was disgustful to those Courts, unconciliatory to their subjects, and prejudicial to the honor and interests of the said States.

They were astonished to hear an assertion made in Congress on the 15th. inst. by an Hon. Member from Massachusetts Bay, as from the highest authority in America, that the said Commissioner is possessed of the confidence of the Court of Versailles; and since, another assertion, by another Hon. Member from the same State, that the said Commissioner is the most proper person to represent the said States at the Court of Madrid, assertions which, being made in the debates upon foreign affairs, were made to influence Congress to continue the said Arthur Lee, Esq. as the public minister of the said United States to the Court of Madrid, at the expected negotiations for a general pacification under the mediation of that Court.

That the undersigned, impressed with a conviction that in such an important conjuncture, the Minister to represent the said States at the Court of Madrid, ought not to be disagreeable to that Court, nor to the Court of Versailles, in faithful alliance with these States; and that the interest of the said States demanded that it should be precisely ascertained, whether or not the said Commissioner was disagreeable 0038 536 to the said Court; for certain information upon the point, they have, from the necessity of the case, been compelled to apply to the Minister Plenipotentiary of France, residing near Congress, as the highest source of information in America.

That in consequence of such application, the Minister Plenipotentiary produced to the under-signed an original letter to him from the Count de Vergennes, Minister for foreign affairs at the Court of Versailles, dated the 29th of October, 1778, in which after having stated the intelligence which has been communicated to Congress, by the Minister Plenipotentiary, in February last, and after having assigned some reasons for not having communicated that intelligence to the American Commissioners in Paris, the Count de Vergennes concludes in these terms, “Je vous avouerai d'ailleurs que je crains M. Lee et ses entours”—“Besides, I confess to you that I fear Mr. Lee and those about him”

That the Minister Plenipotentiary added that this consideration induced the Court of Versailles to keep secret from the said Commissioner the intended sailing of the Count d'Estaing for America, until his fleet was ready to put to sea; that the said Commissioner, by his conduct on several occasions, created the highest disgust in the Court of Versailles against him. That the Court of Madrid, in the closest connection with that of Versailles, entertained the same sentiments respecting the said Commissioner, not only on account of his conduct on those occasions, but because of his imprudent conduct in Spain; and, in a word, the Minister Plenipotentiary expressly declared, that he has every reason to think, that neither of those Courts have that confidence in the said Commissioner, which is necessary to give success to the negotiations of a foreign minister.

The undersigned having received such decisive information from the Minister of France, with liberty to communicate it to Congress, think it is their indispensible duty to the United States and to themselves, to lay the same explicitly before this the Supreme Council of America; to the end that they may not be misled to continue the said Commissioner, as the representative of these United States, at a Court in the highest manner disgusted at his conduct, and at which, of consequence, his negotiations must be unsuccessful. But if, unfortunately, it shall be disregarded, they will have the consolation to reflect, that in giving this information, they discharged their duty to the United States; and that having given it, they cannot justly 0039 537 be held responsible for the consequences of a measure but too likely to prove unconciliatory abroad, ruinous to the public finances at home, and an impediment to the speedy and honorable pacification, securing the Independence of the United States of North America.

William Paca

William Henry Drayton . 1

1 The original of this paper, in the writing of William Henry Drayton, is in the Library of Congress, United States Revolution .

Congress then resumed the consideration of the question under debate, and some time being spent thereon,

Adjourned to 10 oClock to Morrow.

MONDAY, MAY 3, 1779

A letter, of 1st, from Brigadier Du Portail, was read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 164, folio 338.

Ordered , That a warrant issue on the Treasury, in favour of Brigadier du Portail, for one thousand dollars, to be advanced to him, for which he is to be accountable.

That a warrant issue on the treasurer, in favour of Colonel La Radière, for eight hundred dollars, to be advanced to him, for which he is to be accountable.

That a warrant issue on the treasurer, in favour of Monsr. Villefranche, for six hundred dollars, to be advanced to him, for which he is to be accountable.

A letter. of April 29, from General Washington, was read. 3

3 letter is in the Papers of the Continental Congress , No. 152, VII, folio 283.

A letter, of this day, from W[illiam] Ellery and J[ohn] Collins, was read: Whereupon,

Philadelphia , May 3d, 1779 .

Sir , The Undersigned Delegates of the State of Rhode Island and Providence Plantations, with great reluctance, adopt; this mode of soliciting the attention of Congress to a motion made by them so long ago as the 14th of the last month, at the special instance and direction 0042 540 of said State; but the duty they owe to it, and the justice they owe to their own reputations constrain them to persue every decent measure to accomplish the wishes of their constituents.

Finding every avenue to the motion referred to barricadoed by reports of the boards of treasury and war, and orders of the day, which their utmost efforts have not been able to remove, that if they must wait for its decision untill the reports of those boards and orders of the day already made and received, and others which are constantly increasing the Pile, shall be decided, they may wait until the intire destruction of their State shall have rendered all application to congress, in its behalf, altogether unnecessary: Finding too, that it is out of their power to demonstrate to their constituents the assiduity they have used to procure a speedy determination of said motion, the house having voted it to be disorderly to connect with motions for postponing the reasons therefor, the Undersigned are compelled to this mode of Application, which they have observed hath generally proved successful.

The Undersigned forbear to take notice of the uncommon obstructions which have been thrown in the way of the request of the State which they have the honour to represent, whenever it hath had the good fortune to come under the Consideration of Congress.

The Undersigned trust that Congress will never give to any one of the United States just occasion to tax them with partiality, sincerely wish that their Union may be perpetual, and are with the greatest Respect, Your Excellency's most obedt hble Servts.,

William Ellery

John Collins . 1

1 This letter, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 78 VIII, folio 319.

Ordered , That to morrow be assigned for the consideration of the motion respecting raising troops for the defence of Rhode island.

A letter, of 1, from the Board of War, 2 enclosing one of the same date, from Charles Stewart, commissary general of issues;

2 This letter is in the Papers of the Continental Congress , No. 147, III, folio 297.

Also one, of April 29, from the said Board, enclosing one, of April 18th, from Daniel Joy, respecting the contract for 0043 541 cannon entered into by the Board with Messrs. Hughes, were read:

Ordered , To lie on the table.

On motion of Mr. [Daniel of St. Thomas] Jenifer, seconded by Mr. [John] Henry,

Resolved , That the Board of War be directed to apply to the Governor and Council of Maryland, and request them, if there are any heavy cannon belonging to the State, which can be spared from the immediate defence thereof, to lend them to the Continent for the defence of the posts on Hudson's river, on condition that Congress will return them or a like number of equal bore, or pay the State the full value thereof, at the election of the general assembly.

On motion of Mr. [John] Witherspoon, seconded by Mr. [Henry] Laurens,

Resolved , That the reading the other public dispatches be postponed.

Resolved , That the consideration of the reports of the Board of Treasury and Board of War be postponed.

The delegates of the State of Pensylvania, to whom was referred an extract of a letter from the Board of War, respecting the defences of the river Delaware, brought in a report; Whereupon,

That by order of the Commander in Chief Colonel Proctor's Regiment is, as soon as equipped, to march from this city, whereby the Posts occupied by them upon the River Delaware will be evacuated and the numerous Stores in and near this place will be unprotected,

Resolved , That the president and council of the State of Pensylvania be requested to order such of the militia of that State to take post at Fort Mifflin and Billingsport in the room of Colonel Procter's men, as shall be judged by the said president and council sufficient; the said militia to be allowed continental pay and subsistance. 1

1 This report, in the writing of Samuel Atlee, is in the Papers of the Continental Congress , No. 20, II, folio 41.

0044 542

The order of the day being called for, Congress resumed the consideration of the report of the committee on foreign affairs; and the question under debate being stated, viz. shall Mr. A. Lee be recalled:

Mr. [William] Carmichael arose, and informed the House, “that as the committee appointed by Congress to examine into the state of their foreign affairs, have thought proper to refer to him for information on the charges reported by them against some of the public servants abroad, and as some gentlemen have expressed a desire he should reduce to writing the information he gave the House in his place when those charges were read, he was induced to indulge their wishes, as well to shew more explicitly the reasons which determined his voice on the decision of a question on which he thinks the honor and interest of the United States highly depend;” he then proceeded to lay on the table a paper signed by him, which, with sundry papers therein referred to, was read.

On the question, shall Mr. A. Lee be recalled?

The yeas and nays being required by Mr. [Meriwether] Smith,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Gerry, ay no Lovell, no Holten, Rhode Island, Mr. Ellery, no div. Collins, ay Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, au Mr. Witherspoon, no Scudder, no no Fell, ay Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, ay div. Searle, no Muhlenberg, ay Wynkoop, ay 0045 543 Delaware, Mr. Dickinson, ay div. Vandyke, no Maryland, Mr. Paca, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, excused ay Griffin, ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So the states were equally divided.

Adjourned to 10 oClock to Morrow.

TUESDAY, MAY 4, 1779

A petition, from Cornelius P. Low, was read: 1

1 This petition is in the Papers of the Continental Congress , No. 42, IV, folio 186.

Ordered , That it be referred to a committee of three.

The members chosen: Mr. [Henry] Wynkoop, Mr. [Nathaniel] Scudder, [and] Mr. [James] Duane.

A letter from his most Christian Majesty, undersigned de Vergennes, was read, informing Congress of the birth of a princess; Whereupon,

Resolved , That, the President, with a committee consisting of a member from each State, wait on the Minister Plenipotentiary of France and congratulate him on this event.

The members chosen, Mr. [William] Whipple, Mr. S[amuel] Adams, Mr. [William] Ellery, Mr. [Roger] Sherman, Mr. [James] Duane, Mr. [John] Witherspoon, Mr. [John] Armstrong, Mr. [John] Dickinson, Mr. [George] Plater, Mr. [Meriwether] Smith, Mr. [John] Penn, and Mr. [Henry] Laurens.

0046 544

Resolved , That a committee of three be appointed to prepare the draught of a letter in answer to that from his Most Christian Majesty:

The members chosen, Mr. [John] Jay, Mr. [Gouverneur] Morris, [and] Mr. [John] Witherspoon.

A letter, of April 30, from General Washington, was read, enclosing an extract of a letter, of 12 of the same month, from Major General Gates:

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

A memorial from Lieutenant Colonel Knobelauch, was read: 1

1 This memorial is in the Papers of the Continental Congress , No. 78, XIII, folio 507.

Ordered , That it be referred to a committee of three:

The members chosen, Mr. [Henry] Laurens, Mr. [John] Armstrong, [and] Mr. [Thomas] Burke.

A memorial from William Story was read:

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

A letter, of April 29, from Colonel A. Spotswood, was read:

Ordered , That it be referred to the delegates of Virginia.

A memorial from Captain Jacobus Wynkoop, was read; Whereupon,

Congress took into consideration a report of the Marine Committee on a former memorial of Captain J. Wynkoop; and thereupon,

Resolved , That the memorialist be paid sixty dollars per month during the time he was in actual service. 2

2 This report is in the Papers of the Continental Congress , No. 41, X, folio 355. This was the pay of a captain of a continental frigate.

A letter, of 1st, from J. Trumbull, Jun. was read:

A letter, of 3, from the Board of War was read, 3 informing that fourteen Indians, most of them chiefs of the Delaware nation, who have manifested an uniform and strong attachment to the United States, are about four miles from town

3 Trumbull's letter is in the Papers of the Continental Congress , No. 78, XXII, folio 629; that of the Board of War, in No. 147, III, folio 303.

0047 545 and will arrive this morning on a visit to Congress and the Commander in Chief:

Resolved , That a committee for Indian Affairs be appointed, to consist of five:

The members chosen, Mr. [James] Duane, Mr. [John] Armstrong, Mr. [Thomas] Burke, Mr. [Henry] Laurens, [and] Mr. [Roger] Sherman.

Ordered , That the letter, of the 3, from the Board of War, be referred to the foregoing committee.

A memorial from the hon ble Sr. Gérard, minister plenipotentiary of France, was read.

A letter, of 3, from Leonard Albouy was read: 1

1 This letter is in the Papers of the Continental Congress , No. 78, I, folio 245.

Ordered , To lie on the table.

A petition from John Say was read:

Ordered , That it be referred to the Marine Committee.

A motion was made by Mr. [William] Ellery, seconded by Mr. [Henry] Laurens,

That the reports of the Board of Treasury and Board of War be postponed; on which the yeas and nays being required by Mr. [William] Ellery,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, no no Spencer, New York, Mr. Jay, ay Duance, ay ay Floyd, ay New Jersey, Mr. Scudder, no no Fell, Pennsylvania, Mr. Armstrong, ay Shippen, no Searle, ay ay Muhlenberg, ay Wyncoop, ay Delaware Mr. Van Dyke, ay ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay 0048 546 Virginia, Mr. Smith, ay * Fleming, ay North Carolina, Mr. Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

The order of the day was called for, respecting the raising a brigade by the State of Rhode Island, and the amendment as amended being read, viz. “that Congress approve the raising of a brigade of 1500 men by the State of Rhode Island and Providence Plantations, for the common defence of that and the United States, for the space of one year, to be entitled to continental pay, cloathing and subsistence, and a bounty not exceeding one hundred and fifty dollars for every non-commissioned officer and soldier; upon condition that no farther or other wages be allowed to the said men by the said State than what is paid to other continental troops.”

A motion was made by Mr. [William] Ellery, seconded by Mr. [John] Collins, to re-consider the latter part of the amendment, viz. “upon condition,” &c.

On which the yeas and nays being required by Mr. [Gouverneur] Morris, 1

1 This and the following vote are in the writing of George Bond.

New Hampshire, Mr. Whipple, ay ay Mr. S. Adams, ay Lovell, no ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, no Duane, no no Morris, no Floyd, no New Jersey, Mr. Witherspoon, no no Scudder, no Fell. 0049 547 Pennsylvania, Mr. Armstrong, no Atlee, no Searle, no no Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, no no Vandyke, no Maryland, Mr. Plater, no Carmichael, no no Henry, no Jenifer, no Virginia, Mr. Smith, no Griffin, no no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative.

On the question to agree to the amendment, so as that it pass into a resolution; the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Spencer, ay ay Sherman, ay New York, Mr. Jay, no Duane, ay div. Morris, no Floyd, ay New Jersey, Mr. Witherspoon, ay Scudder, ay ay Fell, no Pennsylvania, Mr. Armstrong, no Atlee, no no Searle, no Wynkoop, ay Delaware, Mr. Dickinson, ay ay Vandyke, ay Maryland, Mr. Plater, no Carmichael, no no Henry, no Jenifer, no Virginia, Mr. Smith, no Griffin, no no Fleming, no 0050 548 North Carolina, Mr. Penn, no Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

Adjourned to 10 oClock to Morrow.

WEDNESDAY MAY 5, 1779

Mr. [John] Dickinson and Mr. N[icholas] Vandyke, two of the delegates of the State of Delaware, pursuant to the powers and instructions to them given, signed the Articles of Confederation in behalf of the said State.

A letter, of 4, from the Board of War, was read. 1

1 This letter, touching the cannon contract of Hughes, is in the Papers of the Continental Congress , No. 147, III, folio 307.

The Committee on the Treasury brought in a report; Whereupon,

Resolved , That ten million one hundred dollars, in bills of credit of the United States, be emitted under the direction of the Board of Treasury and on the faith of the United States: that the bills shall, excepting the numbers, be of the same tenor and date as the emission directed on the first April last, and be numbered from the last number in each denomination progressively, and to consist of the following denominations, viz.

45,455 bills of 60 dollars each, 2,727,300

45,455 do. 50 2,272,750

45,455 do. 40 1,818,200

45,455 do. 30 1,363,650

45,455 do. 20 909,100

45,455 do. 8 363,640

45,455 do. 7 318,185

45,455 do. 5 227,275

10,000,100 2

2 This report, dated May 1, is in the Papers of the Continental Congress , No. 136, III, folio 215.

0051 549

Ordered , That a warrant issue on Thomas Smith, Esq. commissioner of the continental loan office in Pensylvania, for eighty eight thousand dollars, payable in loan office certificates, and another warrant on the treasurer for thirty two thousand dollars, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, to be by them advanced on a contract for cannon and shot to Mr. Hughes, iron master of the works at Maryland, the said Joseph Carleton to be accountable. 1

1 This report, dated May 4, is in the Papers of the Continental Congress , No. 136, III, folio 289.

That a warrant issue on the treasurer, in favour of Doctor George Smith, for the sum of thirteen hundred seventy six dollars 22/90, equal to five hundred and fifty pounds ten shillings, New York currency, reported by John Welles and Edward Chinn, Esquires, commissioners of accounts, at Albany, to be due to him for cattle and forage taken by order of General Schuyler for the immediate subsistance of the militia and other troops assembled at Fort Edwards on the evacuation of Ticonderoga, his demand of recompence for the loss of fencing being rejected. 2

2 This report, dated May 3, is in the Papers of the Continental Congress , No. 136, III, folio 287.

The commissioners report,

That there is due to Felix Donnelly for victualling soldiers of the Pensylvania troops at Lancaster in May, 1776, and January, 1777, one hundred and ten dollars and 64/90 to be paid to Mr. Francis Bailey for his use. 3

3 This report, dated May 1, is in the Papers of the Continental Congress , No. 136, III, folio 285.

That there is due to the officers and privates of Colonel Henry Geiger's battalion from Northampton county, Pensylvania, for their pay in January, February and March, 1777, a ballance of seven hundred and ninety eight dollars and 34/90, to be paid to Joseph Dean, and by him transmitted to Colonel Geiger.

0052 550

That there is due to Francis Hopkinson, his pay as treasurer of loans, from 28 January, to the 27 April, 1779, eight hundred and seventy five dollars, and for office rent, fire wood, postage, and stationary, during the same time, one hundred and fifty eight dollars and 14/90, making in the whole 1033 14/90 dollars.

That there is due to William Trickett for stationary, for the use of the Board of Treasury, one hundred and seven dollars and 54/90ths.

That there is due to the estate of William Baxter, deceased, his pay as colonel of a battalion of the Pensylvania flying camp, from October 23d, to November 16, 1776, inclusive, fifty dollars, to be paid to Joseph Hart, Esq., and by him transmitted to the widow, Elizabeth Baxter. 1

1 This report, dated April 28, is in the Papers of the Continental Congress , No. 136, III, folio 283.

Ordered , That the said accounts be paid.

A report of the commissioners of accounts was read, representing that they have discovered a mistake in the account of Steiner and Cist, for which a warrant issued on the 5th of April last, and have therefore stopped and returned the said warrant:

Ordered , That the said report be referred to a committee of three:

The members chosen, Mr. G[ouverneur] Morris, Mr. [William Henry] Drayton, and Mr. S[amuel] Adams.

The Committee on the Treasury, to whom were referred the letters from Jonathan Trumbull, Jun. administrator of the late Commissary General Joseph Trumbull, respecting the manner of settling the said account, report,

That during the life time of the said late Commissary General Trumbull, the commissioners of accounts for the middle department of accounts had orders from the Board of Treasury to settle all the accounts of the said late commissary:

0053 551

That it was represented by the commissioners that the said accounts were not collected and ready for settlement:

That the commissary general's death put an end to the prospect of such settlement, and the said commissioners of accounts have been directed to repair to the Board of Treasury:

That there has been no want of care or attention in the Board of Treasury to get the said accounts settled, as appears by an official report of the commissioners' accounts for the middle department of accounts, a copy of which is annexed: 1

1 The copy of this report of the commissioners of accounts, dated Hartford, August 30, 1778, is in the Papers of the Continental Congress , No. 136, III, folio 277.

That the committee are of opinion, that under the present circumstances it will be advisable to grant full power to Jonathan Trumbull, Jun. Esq. to settle and adjust, at the public expence, all the accounts of the several deputy commissaries and purchasers employed by or under the late Commissary Trumbull: Whereupon, Congress came to the following resolutions:

Whereas the accounts of the deputy purchasing and issuing commissaries, under the late Commissary General Joseph Trumbull, deceased, were unsettled at the time of his death, and still remain to be adjusted, and it is necessary that those accounts should be closed without delay:

Resolved , That Jonathan Trumbull, Jun. Esq. be, and he is hereby fully authorized and empowered to settle and adjust the said accounts, under the direction of the Board of Treasury.

On the question to agree to this, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts, Mr. S. Adams, ay Lovell, ay, ay, Holten, ay Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, ay ay Spencer, ay 0054 552 New York, Mr. Jay, no Duane, ay ay Floyd, New Jersey, Mr. Witherspoon, ay ay Scudder, Pennsylvania, Mr. Armstrong, no Muhlenberg, ay ay Wynkoop, ay Delaware, Mr. Dickinson, ay ay Vandyke, ay Maryland, Mr. Plater, no Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, ay ay Fleming, ay North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

Resolved , That the said Jonathan Trumbull be allowed a clerk to assist him, and be paid his expences and a reasonable compensation for his time and trouble, to be adjusted when the nature and extent of the services can be ascertained.

On this the yeas and nays being required by Mr. [Thomas] Burke,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay, ay Holten, ay Rhode Island, Mr. Collins, no no Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, no Duane, ay ay Floyd, ay New Jersey, Mr. Witherspoon, ay ay Scudder, ay Pennsylvania, Mr. Armstrong, no Muhlenberg, ay ay Wynkoop, ay Delaware, Mr. Dickinson, ay ay Vandyke, ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay 0055 553 Virginia, Mr. Smith, no R. H. Lee, ay ay Fleming, ay North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay div. Drayton, no

So it was resolved in the affirmative.

Resolved , That the said Jonathan Trumbull shall take an oath for the faithful execution of this duty, to be administered by the Board of Treasury:

And it is recommended to the legislatures of the several states whom it may concern, to enact proper laws for facilitating the settlement of the said accounts, and compelling accountants and defaulters within their respective jurisdiction to settle their accounts and do justice to the public. 1

1 This report, dated April 26, is in the Papers of the Continental Congress , No. 136, III, folio 273.

Resolved , That Monday next be assigned for taking into consideration the subject of appointing an officer to relieve Major General Lincoln in the southern department.

The committee to whom was recommitted the report on the memorial from the inhabitants of Bermudas, brought in another report, which was read, and after some debate thereon

Adjourned to 10 o'Clock on Friday.

FRIDAY, MAY 7, 1779

A letter, of 3, from General Washington, enclosing extracts of letters from General Schuyler; also a letter, of April 25, from General Schuyler, were read: 2

2 The Washington letter is in the Papers of the Continental Congress , No. 152, VII, folio 287. It is printed in Writings of Washington , (Ford), VII, 429. The Schuyler letter is in the Papers of the Continental Congress , No. 153, III, folio 434.

0056 554

Ordered , That they be referred to the Board of War.

A letter, of April 26, from W. Greene, governor of Rhode Island, was read; Whereupon, 1

1 This letter is in the Papers of the Continental Congress , No. 64, folio 438.

Resolved , That a copy of the said letter be transmitted to the Commander in Chief, and that he take such order thereon as the necessities of the State of Rhode Island may require and the good of the service admit.

Resolved , That it be, and it is hereby earnestly recommended to the states of New Hampshire, Massachusetts Bay and Connecticut, to furnish and keep up constantly in the State of Rhode Island and Providence Plantations, their several quotas of troops as adjusted by the resolution of a committee from the said states and the State of New York, which met at Springfield, in the State of Massachusetts Bay, the 30 day of July, 1777.

A letter from William Adams, surgeon of the Pensylvania artillery, was read, requesting leave to resign his commission on account of his ill state of health:

Ordered , That his resignation be accepted.

A memorial from Hannah Sweers was read. 2

2 The Adams letter is in the Papers of the Continental Congress , No. 41, I, folio 33; the Sweers memorial, in No. 41, IX, folio 48.

A letter, of April 27, from Major General Gates was read:

Ordered , That it be referred to the Board of Treasury. A letter, of 6, from Major de Bols was read:

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

A memorial from the hon ble Sieur Gérard, minister plenipotentiary of France, was read:

Ordered , That the same be taken into consideration, together with the report of the committee on the Minister's former communications, &c. immediately after reading the journal to morrow morning.

0057 555

A memorial from Leonard Albouy, Joseph Basden, and Nathaniel Prudden, was read; 1 Whereupon,

1 This memorial, dated May 7, is in the Papers of the Continental Congress , No. 41, I, folio 35.

Congress resumed the consideration of the report of the committee to whom the memorial of divers inhabitants of the islands of Bermudas, dated the 28th March, 1779, was re-committed; wherein they represent,

“That from a re-consideration of the deplorable circumstances of those unhappy persons, who are deprived, as it hath been represented to your committee, of the means of supplying themselves with bread, which are allowed to other inhabitants who openly profess their attachment to the enemies of these states, they are of opinion, that it be recommended to the executive powers of the states of Pensylvania, Delaware, Maryland, Virginia and North Carolina, respectively to permit 1000 bushels of Indian corn to be exported from each of the said states for the relief of the distressed inhabitants of those islands:” 2

2 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 25, I, folio 139.

To which a substitute was moved by Mr. [Thomas] Burke, seconded by Mr. [Gouverneur] Morris, in the following words:

That the memorialists be informed, that Congress deem it highly inexpedient to grant the prayer of their memorial.

On the question for adopting the substitute, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, no ay Holten, ay Rhode Island, Mr. Ellery, ay Collins, ay Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, no Duane, ay ay G. Morris, ay Floyd, ay 0058 556 New Jersey, Mr. Witherspoon, ay div. Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Searle, no no Muhlenberg, no Wynkoop, ay Delaware, Vandyke, ay ay Maryland, Mr. Plater, no Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, ay ay Fleming, ay North Carolina, Mr. Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So the substitute was adopted.

On the question to agree to the substitute so as that it pass into a resolution; resolved in the affirmative.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer, for eight hundred thousand dollars; in favour of the State of Maryland, which is to be accountable; the said sum to be paid to the delegates of that State, and by them transmitted to Governor Johnson for the purchase of flour for the continental army. 1

1 This report, dated May 5, is in the Papers of the Continental Congress , No. 136, III, folio 293.

That a warrant issue on the treasurer, in favour of John Biddle, Isaac Howell, Peter Thomson, Isaac Snowden and Nathaniel Faulkner, inspectors of the press, for the sum of five thousand dollars, to be advanced them on their accounts, and for which they are to be accountable.

That another warrant issue on the treasurer in favour of the said inspectors, for six hundred and fifty nine dollars and 30/90, 0059 557 ~~to discharge a bill from Barge and Syng for sum given~~ to defray sundry contingent expences attending the emissions of bills of credit. 1

1 This report is in the Papers of the Continental Congress , No. 136, III, folio 295. The sum in the second paragraph was made up of two items: one, for 569 30/90 dollars, to pay printers “employed in continental work from the 10 November, 1778, to the 3d of May instant;” and another, for 90 dollars, “to pay the printers of continental currency for extra work done by them on holy days, viz. April 2d, 4th and 5th.”

That a warrant issue on the treasurer, in favour of Joseph Carleton, for eight hundred dollars, in full of his account as paymaster to the Board of Wax and Ordnance.

Resolved , That the claims of Colonel Johnson, for purchasing arms and cloathing, ought to be settled agreeable to a resolution of Congress of 4th September last, and if no allowance has been made in the adjustment of his account with the auditors of the main army for expences on business not incidental to his office, that they be directed to ascertain the time in which he was so employed, and make him an allowance accordingly: that no charges for expences and services in recruiting his regiment other than what are authorized by resolutions of Congress, nor the difference in value between gold advanced in the year 1776 and bills of credit received for the same in the year 1778, as set forth in his petition to the hon ble council of Pensylvania, can be admitted or allowed.

Resolved , That for the speedy supply of the money for exchanging the emissions of May 20, 1777, and April 11, 1778, bills of 70 and 80 dollars be struck in lieu of the denominations of 7 and 8 dollars, ordered by a resolution of Congress of January 14, 1779: that for this purpose, instead of 116,280 bills of the denominations of 20, 8, 7, 5, 4, 3, 2, 1, respectively, there shall be emitted, 31,427 bills, each of the denominations of 80, 70, 20, 5, 4, 3, 2, 1, which will reduce the sum ordered to be struck by the resolution aforesaid five dollars.

0060 558

Larger denominations according to a Resolution of the 14 th January 1779

116,280 Bills of 65 dollars 7,558,200

116,280 do do 60 do 6,976,800

116,280 do do 55 do 6,395,400

116,280 do do 50 do 5,814,000

116,280 do do 45 do 5,232,600

116,280 do do 40 do 4,651,200

116,280 do 35 do 4,069,800

116,280 do do 30 do 3,488,400

4,186,400 dollars

Denominations to be emitted by the present Resolution

31,427 Bills of 80 dollars 2,514,160

31,427 do do 70 do 2,199,890

31,427 do do 20 do 628,540

31,427 do do 5 do 157,135

31,427 do do 4 do 125,708

31,427 do do 3 do 94,281

31,427 do do 2 do 62,854

31,427 do do I do 31,427

5,813,995

44,186,400

50,000,395 1

1 This report, dated April 15, is in the Papers of the Continental Congress , No. 136, III, folio 251.

On the question to agree to this resolution, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. Gerry, ay * Holten, ay Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, no Duane, ay ay Floyd, ay 0061 559 New Jersey, Mr. Witherspoon, ay ay Fell, ay Pennsylvania, Mr. Armstrong, ay Shippen, ay ay Muhlenberg, ay Wynkoop, ay Delaware, Mr. Vandyke, ay ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, no Griffin, ay ay Fleming ay North Carolina, Mr. Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it was resolved in the affirmative.

The commissioners report,

That they have examined the account of Major General R. Howe, for his travelling expences, with that of his suite, from Charleston, South Carolina, to Philadelphia, and find it amounts to 6063 60/90 dollars, and that he has received of Benjamin Harrison, deputy pay master general in Virginia, 1000 dollars, which leaves a balance of 5063 60/90 dollars, due to the said Major General R. Howe.

That there is due to Captain William Bratton, for pay &c. of his company of the 6th, now 7th Pensylvania regiment, commanded by Colonel William Irwin, a ballance of one thousand and sixty one dollars and 69/90ths. 1

1 This report, dated May 5, is in the Papers of the Continental Congress , No. 136, III, folio 291.

Ordered , That the said accounts be paid.

The committee, to whom was referred the letter from the lieutenant governor of South Carolina, brought in a report; whereupon,

Resolved , It is the opinion of this Committee that the southern army, now acting in defence of South Carolina and Georgia, ought to be reinforced without delay.

0062 560

Resolved , That the recruits lately raised and raising in Virginia, to compleat the said State's quota of troops for the continental army, be ordered with all possible expedition to join the southern army in South Carolina [and Georgia] 1 :

1 Words in original report.

That Bland's and Baylor's regiments of light Dragoons be ordered on the same service, and that the colonels of those regiments be authorized and enabled to engage as many men as they have horses and accoutrements to equip. 2

2 The three succeeding paragraphs were substituted for this. They are, in the writing of Thomas Burke. on folio 363.

That Colonel Bland's regiment of light dragoons be ordered to join the southern army as expeditiously as possible:

That the commanding officer of Colonel Baylor's regiment of light dragoons, be directed to order as many of the mounted men of the said regiment as Colonel Bland has spare horses for, to join Colonel Bland without delay:

That the said commanding officer be directed to detach all the mounted and equipped men of the said regiment, under officers proportioned to the number of men, to join Colonel Bland's regiment, and proceed therewith to reinforce the southern army:

That Mr. President write a letter to the governor of Virginia, requesting, in the name of Congress, that the new levies in Virginia may be furnished with the cloaths promised them by law, as speedily as possible, and if this cannot be immediately done, that the State use its influence to induce the men to proceed, with satisfactory assurances that the cloathing shall follow as soon as possible.

Resolved , That as the State of North Carolina hath but two regiments of its quota now with the main army, it will be expedient that the said State supply the rest of its quota for defence of the more southern states. 3

3 This paragraph was struck out.

Resolved , That the state of North Carolina be earnestly requested to complete its quota of troops in the most expeditious 0063 561 mode; [and that the third, fourth, fifth and sixth continental regiments raised in that state, be employed in the southern service.] 1

1 Words in brackets were inserted by John Jay. This report, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress , No. 20, II, folio 361.

Treasury Office May 7 th . 1779 .

The Committee on the Treasury beg leave to report:

That the Commissary General of purchases, having appropriated the sum of 4,200,000 dollars, advanced him the 25 th . March last, applies for a further supply of four million five hundred thousand; and that the Quarter Master General, in addition to the sum of 5,000,000 dollars advanced him the 5 th . April last, applies this day for five million more, “which sum” (M r . Pettit in his letter to the Committee says) he “Imagines will be necessary in the course of this month.” That the expences of the Commissary and Quarter Master General's departments, now at the rate of 120 million dollars a year, increase (as they ever have) with much greater rapidity than the quantity of money. That in the year 1776 the expence of both those departments was 5,399,219 dollars; in the year 1777, 9,272,534; in the year 1778, 37,202,421; and from the increasing demands this year there is reason to apprehend, if the money should continue to be current, it will be at least 200,000,000, unless measures are speedily taken to put the Finances of the United States on a better footing. The Committee beg leave further to represent that by the best calculations they are able to make the Continental currency at this time in circulation, including so much of the emissions of May 20 th ., 1777, and April 11 th ., 1778, as have not been loaned to the public, does not amount to a greater sum than 120,000,000 dollars, and admitting 20 millions to be sufficient for a circulating medium instead of 30 millions (which is generally supposed to be necessary), the depreciation according to the quantity should be but six times greater than it was in the year 1776, and 32,035,214 should be the expence of those departments this year. But if, in consequence of the war, a large allowance be made for the rise of labour and produce, and it is supposed that the expence of these departments should now be six times as much as it was in the year 1777, the amount would then be but 55,635,204 dollars, instead of 200,000,000.

Your Committee beg leave once more to represent the distress they feel on the public account from these great and growing evils.

0064 562

They have stated their opinion in a report on finance now before Congress, and sincerely wish that some measures may be speedily adopted for preventing a further depreciation of the currency, which threatens a total dissolution of the public credit. 1

1 This report is in the Papers of the Continental Congress , No. 132, III, folio 297.

Adjourned to 10 o Clock to Morrow.

SATURDAY, MAY 8, 1779

A letter, of 5th, from General Washington, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 152, VII, folio 291. It is printed in Writings of Washington (Ford), VII, 433.

Ordered , That it be referred to the committee appointed to prepare an address to the several states.

That two members be added to that committee.

The members chosen, Mr. S[amuel] Adams, and Mr. [Thomas] Burke.

“Friends and Fellow Citizens:

The great military exertions, and the insidious negotiations carried on by the King of Great Britain against these United States, have hitherto in a great measure been rendered vain, under the favor of Heaven by your United efforts. Our duty to God, to mankind to posterity and to ourselves, calls upon us to continue those efforts to the utmost of our abilities in order that by vigorous exertions we may make such effectual impressions on the enemy as will at length compel them to abandon their iniquitous design of conquest, and to yield to reasonable terms of peace.

The arduous contest with Great Britain in its commencement was sustained under almost every possible disadvantage, and it has been conducted with such success as manifests to us the peculiar favor of Divine Providence. We have happily formed very powerful alliances, and the war is now in such a situation that the ultimate objects of these United States may speedily be established on foundations so firm as not hereafter to be shaken by the power or policy of our enemies, Provided such exertions shall be made as are in our power, and which the favorable conjuncture demands.

Wherefore, we your Representatives in Congress do announce to you that the present campaign will afford an opportunity to bring the 0065 563 war to a happy conclusion; but that the most vigorous efforts of these states will be necessary. Such efforts will be called for, according to the nature of the intended operations. And it is hereby in the most earnest manner recommended to the legislatures of the States respectively to invest their respective executive powers with ample authority to call forth and direct their force against the common enemy; to each executive power to make with all possible expedition such arrangements as may effect the most decisive movements, and to our generous fellow citizens to act with the vigor becoming men contending for every thing which can secure the dignity and happiness of themselves and their posterity, and which is necessary for the establishing of the honor and independence of our country.” 1

1 This paper, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 24, folio 255.

According to the order of the day, Congress proceeded to consider the memorial of the Minister Plenipotentiary of France read yesterday, and the report of the committee on former communications of the said minister, &c. and some time being spent thereon,

According to order, Congress resumed the consideration of the report of the committee of the whole; and the proposition under debate when the subject was last before Congress being read, to wit:

“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 “king of Great Britain, excepting always what shall “have been excepted by the treaty of Paris between “France and the United States, the whole to be explained “by the treaties of Utrecht and of Paris with “Great Britain, and of Paris with the United States of “North America.”

A substitute was moved by Mr. [Gouverneur] Morris, seconded by Mr. [Thomas] Burke, in the words following:

Whereas this Congress did on the fourth day of July, 1776, declare the several colonies by them represented to be free and independent states, that they were 0066 564 absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain was and ought to be totally dissolved; and that, as free and independent states, they had full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states might of right do; and for the support of that declaration, with a firm reliance on the protection of divine Providence, did mutually pledge to each other their lives, their fortunes, and their sacred honour.

And whereas this Congress did resolve on the 22d day of April, 1778, That the said states could not with propriety hold any conference or treaty with any commissioners on the part of Great Britain, unless they should as a preliminary thereto, either withdraw their fleets and armies, or else in positive and express terms acknowledge the independence of the said states.

And whereas this Congress, in a letter of the 17th day of June, 1778, from their President to the British commissioners, signed by their unanimous consent, did declare themselves inclined to peace, and that they would be ready to enter upon the consideration of a treaty of peace and commerce not inconsistent with treaties already subsisting, when the King of Great Britain should demonstrate a sincere disposition for that purpose: And whereas it is agreed in the treaty of alliance between the Most Christian King and the United States, that neither of the parties should conclude either truce or peace with Great Britain without the formal consent of the other first obtained; and it is mutually engaged that the said parties should not lay down their arms until the independence of the United States should have been formally or tacitly assured by the treaty or treaties that should terminate the war.

0067 565

And whereas his Most Christian Majesty therein guaranties on his part, to the United States, their liberty, sovereignty and independence, absolute and unlimited, as well in matters of government as of commerce.

And whereas from information lately received, it is probable that a treaty of peace may soon be set on foot on the preliminary acknowledgment of the independence of the said states: And whereas, considering the exhausted situation of the said states, the derangement of their finances, and the defect of their resources, it is highly expedient to put a stop to the present destructive war: Therefore,

Resolved , That this Congress will agree to a treaty of peace with Great Britain, provided the absolute and unlimited liberty, sovereignty and independence of these United States, as well in matters of government as of commerce, shall be thereby acknowledged and assured; and provided, that no terms or articles shall be therein contained which are inconsistent with, or repugnant to, the treaties already subsisting between the Most Christian King and these United States. 1

1 This paper, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress , No. 36, III, folio 505. The vote, in the writing of Charles Thomson, is noted upon it.

An objection was made to this, as being out of order. And on the question, Is this substitute in order, the yeas and nays being required by Mr. [Gouverneur] Morris—

New Hampshire, Mr. Whipple no Massachusetts Bay, Mr. S. Adams no Gerry no no Lovell ay Holten no Rhode Island, Mr. Ellery, no no Collins no Connecticut, Mr. Sherman no no Spencer no New York, Mr. Jay ay Duane ay ay Morris ay Floyd ay 0068 566 New Jersey, Mr. Witherspoon, no Scudder, no no Fell, ay Pennsylvania, Mr. Armstrong, no Shippen, no Searle, no no Muhlenberg, no Wynkoop, ay Delaware, Mr. Dickinson, ay div. Vandyke, no Maryland, Mr. Plater, ay Paca, ay ay Carmichael, ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, no div. Griffin, no Fleming, ay North Carolina, Mr. Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

[It appears that Georgia had no representative in Congress when this vote was taken.]

So it passed in the negative.

Adjourned to 10 oClock on Monday.

TUESDAY, MAY 11, 1779

Congress resumed M. de Francy's memorial, which being read,

Ordered , That it be referred to a committee of five, and that they be directed to confer with M. de Francy on the subject.

The members chosen, Mr. [Henry] Laurens, Mr. [Meriwether] Smith, Mr. [William] Carmichael, Mr. [John] Dickinson, and Mr. [James] Searle.

The Committee on the Treasury brought in a report; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Mr. R[oger] Sherman, delegate from the State of Connecticut, for two thousand dollars, on his application, for which that State is to be accountable.

That a warrant issue on the treasurer, in favour of Colonel Edward Wigglesworth, for thirty three thousand three hundred and thirty three dollars and 30/90, in discharge of a bill, dated 27th April last, drawn by Major General Gates on the President of Congress, for that sum, which being delivered to Benjamin Stelle, deputy paymaster at Rhode island, as per receipt, is to be charged to Ebenezer Hancock, Esq. deputy paymaster general in Boston, who is to be furnished with a copy of this resolve.

That a warrant issue on the treasurer, in favour of Ignatius Labat, for seven thousand two hundred and thirteen dollars, 0072 570 in discharge of a bill of the 2d April last, drawn in his favour by Brigadier General McIntosh, and that the sum be charged to Colonel John Gibson of the 13th Virginia regiment, agreeable to his receipt of the date aforesaid.

That on the application of Charles Pettit, assistant quarter master general, a warrant issue on the treasurer, in favour of Major General Greene, Q. M. G., for five million dollars, for the use of his department and for which the said quarter master general is to be accountable.

That a warrant issue on the treasurer, in favour of Jeremiah Wadsworth, Esq. commissary general of purchases, on the application of Messrs. Chaloner and White, his agents, for four million five hundred thousand dollars, for the use of his department, and for which the said commissary general is to be accountable.

That on the application of the Marine Committee a warrant issue on the treasurer in their favour for five hundred thousand dollars, for the use of the navy board of the eastern district, the said committee to be accountable.

That a warrant issue on the treasurer, in favour of Major de Bois, for the sum of nine hundred and sixty dollars, it being in full of his account for one years pay. 1

1 This report, dated May 8, is in the Papers of the Continental Congress , No. 136, III, folio 299. The paragraph on Major De Bois was based on his letter of May 6.

A letter of this day, from Brigadier du Portail, was read: 2 Whereupon,

2 The letter of Du Portail is in the Papers of the Continental Congress , No. 164, folio 342.

Congress taking into consideration a report from the Board of War, relative to the corps of sappers and miners,

At a Board of War , March 27 th ., 1779 .

Present, Col Pickering and Mr Peters.

The Board have agreeably to the orders of Congress formed regulations for the government of the Engineers and companies of Sappers and Miners. They would have reported on the travelling expences of 0073 571 Engineers, but were informed that a general regulation as to all Officers on Command was about to be made by Congress, and it was thought best, to avoid comparisons and jealousies, that the Engineers should partake of the same regulation, and if at any time extra allowances were necessary, it would be better to make them in every particular case, than to establish a rule for the Engineers only. The Board not conceiving themselves authorized to settle the pay under the power given them to make regulations have agreed to report to Congress:

Resolved , That the pay and subsistence of the engineers and of the officers and men of the companies of sappers and miners, shall be the same with those of officers of the like ranks and of the men in the artillery of these states:

That Brigadier General du Portail be appointed commandant of the corps of engineers and companies of sappers and miners. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 147.

A letter, of 10 th, from Gustavus Risberg, deputy commissary general of issues, was read; 2 Whereupon,

2 The letter of Risberg is in the Papers of the Continental Congress , No. 78, XVIII, folio 219.

Congress taking into consideration a report of the Board of War relative to the deputy commissaries of issues and a report relative to the officers in the department of the quarter master general,

At a Board of War , 15 th April, 1779 .

Present, Col Pickering and M r Peters.

It having been represented that from the advanced price of the necessaries of life the pay of the Officers in the Department of the Commissary General of Issues has become totally inadequate for their support, by which many have already resigned, and others alledge they will be obliged to leave the Department unless some additional provision is made for them. Therefore agreed to report to Congress.

Resolved , That the pay of 200 dollars per month be allowed to the deputy commissary general of issues, to commence from the 1st day of January last:

0074 572

That the assistant commissaries of issues at 1 every magazine, post, or brigade of the army, be allowed 90 dollars per month, and the clerks of the commissary general, and deputy commissary general of issues, the sum of 80 dollars per month:

1 From this point the entries are in the writing of George Bond.

That the clerks of the brigade commissaries, and those at posts and magazines, be allowed 50 dollars per month; but no such clerk to be employed where the daily issues do not equal 400 rations:

That a clerk of the scales be allowed 35 dollars per month:

That every deputy commissary general of issues be entitled to forage for two horses'

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

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, no Gerry, ay no Holten, no Rhode Island, Mr. Ellery, ay ay Collins ay Connecticut, Mr. Sherman, no div. Spencer ay New York Mr. Jay, ay Duane, ay ay Morris, ay New Jersey, Mr. Fell, ay * Pennsylvania, Mr. Armstrong, no Searle, ay ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, no div. Henry, no Jenifer, ay Virginia Mr. Smith, ay Lee excused ay Griffin, ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, ay ay

~~So it was resolved in the affirmative.~~

0075 573

That every brigade commissary be entitled to forage for one horse; and whensoever the duty of the department requires the commissaries at posts and magazines to travel, the quarter master at the post shall furnish an horse for the occasion:

When the duty of an assistant commissary absolutely requires that he should travel, he shall be allowed three dollars for every day he shall so necessarily travel, for and towards his expences on the journey:

That the deputy commissaries general of issues shall once in six months visit all the magazines, posts and issuing stores in their respective districts, to examine the state of the provisions and stores, and see that their assistants are punctual in the discharge of their duty; and they shall be allowed three dollars per day for their travelling expences in making such circuits:

That an accurate list of all the commissaries of issues be made out once in every three months and lodged with the Board of War; and every such commissary who shall have been in the department for one year, previous to this date, and now continues therein, shall be entitled to draw out of the cloathier general's store one suit of cloaths for himself and one suit for his clerk, to be paid for at the same rate that officers in the line are charged for the same: and that they continue annually to do the same until Congress shall order otherwise. 1

1 This report, dated April 15, is in the Papers of the Continental Congress , No. 147, III, folio 209. It is endorsed “Bro't in, 19th April.”

At a Board of War , 23 rd . April, 1779 .

Present, Col Pickering and M r Peters

The Board taking into consideration General Green's letter of the 15 th inst, referred from Congress, and conceiving that the reasons therein offered for an augmentation of pay to several of the Officers employed in the Quarter Master Generals Department, are deserving of attention, and that some alterations in the system of his department are requisite: beg leave to Report to Congress.

0076 574

Resolved , That all deputy quarter masters general who transact business upon commissions, shall not be entitled either to pay or rations; but where they act without receiving such commissions, whether stationed at a post or with the army, they shall be allowed 200 dollars per month, two rations per day, and 40 dollars per month subsistence:

That the pay of an assistant quarter master be 140 dollars per month, and the usual rations and subsistence:

That the pay of a deputy waggon master general be 100 dollars per month, and one ration [per day], and 20 dollars per month subsistence; and that a waggon master be allowed 80 dollars per month, one ration per day, and 10 dollars per month subsistence:

That a deputy commissary general of forage attending the main army, or attached to an army in a separate department, be allowed the same pay and rations as a deputy quarter master general acting without commissions:

That the assistant commissaries of forage either attending the army to collect forage on a march, or those employed in purchasing under the principal purchasers in districts, shall have the same allowance as the assistant deputy quarter masters general: and the forage masters who attend the receipt and issues of forage at posts or magazines, and one with each brigade of the army, be allowed the same pay and rations as waggon masters:

That all staff officers who serve with the army shall be allowed cloathing on the same conditions as officers in the line, provided they engage for a year or longer. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 231. At this point Thomson resumed the entries.

The committee appointed to inquire into the state of the Pensylvania troops, and to report whether an additional brigadier is wanting for the troops of that State, and to whom was referred a letter from Mr. President Reed to the delegates 0077 575 of the State of Pensylvania, which was laid before Congress 26 January last, brought in a report, and the same being read:

That Benedict Arnold was promoted to the Rank of Brigadier General in the Army of the United States on the 10 th of January, 1776.

That Arthur St. Clair was promoted to the same Rank on the 9 th of August in the same year, and to the rank of Major General on the 19 th of February in the year 1777.

That on the 12 th of November, 1777. Congress adopted a principle for settling the relative Rank of the officers in the Army of the United States viz.

“According to that standing they held in the Army immediately before their present Commissions, except where persons are promoted upon a principle of merit only.”

Your Committee are of opinion that agreeably to this principle General St. Clair cannot take rank of General Arnold.

With respect to the State of the Pennsylvania Troops your Committee Report:

That the said State has Eleven Battalions in the Continental Service.

That the Soldiers in the same are for the most part (as set forth in the Resolutions of the Council of the said State) enlisted during the war.

That a German Battalion in the Service of the United States is supplied by the said State and Maryland in conjunction.

That the proportion of General officers for the said quota, agreeably to the arrangements of the Continental Army, is as follows viz:

Two Major Generals, four Brigadier Generals.

That the said officers ought to be inhabitants of the State of Pennsylvania at the time of promotion, agreeably to the principle, that every State should have officers in proportion to the Soldiers furnished from her Citizens.

That the general officers hereafter named, and none others now in the Continental Service, were inhabitants of the State of Pennsylvania at the time of promotion to wit:

Major General St. Clair, Brigadiers Thompson, Wayne, and Hand.

That one addition[al] Major General ought to be promoted from among the Brigadiers who are now Citizens of the State of Pennsylvania.

0078 576

That after such promotion two Brigadiers only will remain who were Inhabitants of the said State at the time of promotion. Therefore the two Colonels from the line of the said State ought to be promoted to the rank of Brigadier.

That Brigadier General Thompson, and Colonel McGaw, who are first in their respective ranks in the said line, are now Prisoners with the Enemy, and therefore cannot be promoted; but so soon as their promotion shall take place, their relative rank, will be regulated by the Resolution of 12 th . November.

That Brigadier General Anthony Wayne, is the next Senior Brigadier, and Colonel William Irvin is the next Senior Colonel in the line of the said State.

That the relative rank of the said officers in case of promotion will be regulated and preserved by the Resolution aforesaid. 1

1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 20, II, folio 51a.

January 10th, 1776, Benedict Arnold was promoted to the Rank of Brigadier General in the Army of the United States.

March 1st of the same year, John Armstrong and several other officers were promoted to the same rank.

August 9th of the same year, Arthur St. Clair was promoted from the rank of Colonel to that of Brigadier.

February 19th, 1777, Brigadier St. Clair was promoted to the rank of Major General.

May 2d of the same year, Brigadier Arnold was promoted to the same rank.

On the 12 of November following, Congress by a Resolution confirmed a principle recommended by a board of General Officers for settling the relative rank of Officers in the Continental Line, according to that standing they held in the army immediately before their present Commissions, except where persons are promoted on a principle of merit only.

In the report made by the said General Officers is the following passage: “We have had retrospect no farther than to the rank they held before their last promotion.” From this State, it appears that General Arnold had rank as brigadier General of Generals Armstrong and St. Clair immediately before their last promotion, and therefore 0079 577 that the supposed Grievance to Pennsylvania in this particular, is a mistake.

General Armstrong resigned his commission as brigadier, April the 4th, 1777, which being prior to the promotion of General Arnold to the rank of Major General could not be occasioned thereby; this suggestion is without foundation.

Your Committee further report that the State of Pennsylvania having 11 Battalions in Service, and one half a German Battalion, in Company with the State of Maryland, two Major Generals, and four Brigadier Generals, Inhabitants of the said State of Pennsylvania, ought to be in Commission in the Continental Service, on the Principle that every State ought to have Military Officers from her own Citizens in proportion to the Number of her Citizens that are in the ranks.

That at present the State of Pennsylvania has only one of her Citizens in the rank of Major General, to wit Major General St. Clair, and only three in the rank of Brigadiers, to wit, Brigadiers Thompson, Wayne and Hand.

That it will be proper to promote one of the said Brigadiers to the rank of Major General; in Consequence whereof, only two will remain; and two Colonels, Citizens of Pennsylvania, ought to be promoted to the rank of Brigadiers.

That Brigadier General Thompson, and Colonel Robert McGaw each of whom is Senior in his respective rank in the Pennsylvania Line, are now Prisoners of War, and therefore cannot be at present promoted.

That whenever the said officers, or any others shall be promoted, they will take rank, agreeable to the Principle laid down in the resolution of November the 12th, 1777.

Your Committee also report, that by the fourth resolution of the Council of Pennsylvania, relative to General Hand, a mistaken principle of promotion is held up. No State is supposed to have an Exclusive right to the Nomination of Officers for promotion, nor is any Delegate in Congress excluded from Nominating from States which he does not represent. In the Election , but not in Nomination , the Congress has regard to the Quotas of the States, and Seniority of rank, and the Principle that always governs with respect to the Quota is that above Suggested, namely, that the Troops of each State should have a proportional Number and rank of Officers to the Numbers supplied. In this View General Hand, being an Inhabitant 0080 578 of Pennsylvania, however Nominated, must be considered as part of the Quota of Pennsylvania. And as no one State can make or reject General officers, so this resolution of the Council of Pennsylvania cannot be adopted. Neither can the first resolution, relative to the apportionment of General Officers, being founded on a Principle and practice not known to, or admitted by Congress.

That as to the admission of the field Officers of the Troops of North Carolina, such Admission, if it did happen, can avail nothing, officers in the Army not being competent to admit or reject officers of any rank, much less of the rank of Generals. But as they could not know the circumstance of a Nomination in Congress, so it may be presumed this is a mistake; as is the Suggestion that the same was admitted by the Delegates from that State at the time when the Committee of Arrangements made report, there being no delegates from that State present in Congress. 1

1 This paper, undated and in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 21, folio 151.

Resolved , That an additional brigadier be appointed for the Pensylvania troops, and that to-morrow be assigned for the appointment.

Colonel W. Irvine [was] nominated by the committee.

Resolved , That the farther consideration of the report be postponed.

Ordered , That the committee appointed to prepare an answer to the letter lately received by Congress from his Most Christian Majesty, do also report the draft of a representation to the King of France, stating the difficulties to which these States are exposed in obtaining arms, military and naval stores, and clothing for the American army and navy, requesting his Majesty to order them to be furnished with the necessary supplies, and pledging to him the faith of these States for the repayment of such sums, with interest, as may be advanced on their account, as soon as the restoration of peace shall enable them to make the necessary remittances.

That the said representation contain strong assurances of the confidence of Congress in the friendship of his Majesty, and of their determination to evince the sense they entertain of it by a uniform adherence to the principles of the alliance.

0081 579

That the Marine Committee and Board of War lay before Congress, as soon as possible, a list of articles necessary to be imported for the use of their respective departments. 1

1 This order was entered only in the manuscript Secret Journal, Foreign Affairs.

Adjourned to 10 oClock to Morrow.

THURSDAY, MAY 13, 1779

The Committee on the Treasury brought in a report; Whereupon,

Resolved , That a copy of the letter of September 22, 1778, from Messrs. Franklin, Lee and Adams, late commissioners 0084 582 of the United States, together with a copy of the memorial from Jonathan Loring Austin, be transmitted to the honourable council of the State of Massachusetts bay, who are requested to make a proper allowance to Mr. Austin, for his time and expences in carrying to France the account of the surrender of General Burgoyne's army at Saratoga, and to transmit an account thereof to the Board of Treasury, with information of the mode in which they desire a reimbursement of the said allowance. 1

1 These two paragraphs formed a report of the committee, dated May 12, in the Papers of the Continental Congress , No. 136, III, folio 309.

Ordered , That Joseph Carleton, Esq., paymaster to the Board of War and Ordnance transmit to William Palfrey, Esq. paymaster general the five hundred thousand dollars, ordered the 27 April last to be sent to Thomas Reed, assistant paymaster at Albany. 2

2 This report, dated May 8, is in the Papers of the Continental Congress , No. 136, III, folio 303.

Ordered , That a warrant issue on the treasurer, in favour of Robert Wilson, for sixteen hundred and thirty seven dollars and 45/90ths, being the amount of an account reported by the commissioners of accounts at Albany, to be due to Patrick Smith for forage and other necessaries taken by order of Major General Schuyler for the public service and endorsed to the said Wilson. 1

That a warrant issue on the treasurer in favour of Mr. W[illiam] Floyd, delegate from the State of New York, on his application, for two thousand dollars, the said State to be accountable.

That a warrant issue on the treasurer, in favour of Philip Audibert, for two thousand five hundred dollars, to answer a draught on the President of Congress in his favour, of 3d instant, drawn by William Palfrey, Esq. paymaster general and expressed to be for value received for the use of the 0085 583 forces of the United States of America, the said paymaster general to be accountable. 1

1 This report, dated May 11, is in the Papers of the Continental Congress , No. 136, III, folio 307. It also contained the nominations of Round and Comegys to be signers of bills of credit.

The commissioners report,

That there is due to the officers and privates of Colonel Lewis Nicola's invalid regiment, their pay and subsistance for the month of March last, two thousand three hundred dollars and 4/90ths.

That there is due to Robert Patton, his pay as messenger to Congress, from the 1st January to the 7th instant, inclusive, five hundred and eight dollars.

That there is due to the Rev. Lewis Lotbinier his pay and subsistance as chaplain to Colonel James Livingston's regiment, from 11 April, to 10th instant, inclusive, sixty dollars.

That there is due to William Trickett for stationary for the use of the Secretary's office, two hundred and fifty two dollars and 42/90ths. 2

2 This report, dated May 10, is in the Papers of the Continental Congress , No. 136, III, folio 305

Ordered , That the said accounts be paid.

The Board of War, to whom was referred the application of Mons. Compty, report,

“That Mons. Compty's authority from the Marquis de Brétigny, is ‘to inlist for such a space of time as the French volunteers shall be kept up and no longer, any number of effective Frenchmen:’ that it appears the corps to be commanded by the Marquis is merely temporary: that the expence of inlisting, equipping, and supporting the small number of Frenchmen that can be obtained here, and who must be sent to a considerable distance, will be great: that if the men should be inlisted for a length of time, Congress may be embarrassed after the dissolution of the temporary corps, which may happen on or before the arrival of the 0086 584 inlisted men at Carolina, either with applications for increasing the small number of inlisted men to a regiment, or in what manner to dispose of them:” Whereupon,

Resolved , That considering the circumstances and distant situation of the corps, it is inexpedient to comply with Mens. Compty's request. 1

1 This report, dated April 29 (present, Pickering and Peters), is in the Papers of the Continental Congress , No. 147, III, folio 291.

The Board of War, to whom was referred the petition of Captain John Baptist Allen, report,

That they have carefully examined the same, together with the papers therein referred to, and are of opinion, that the petition of John Baptist Allen, who, being a captain in Colonel J. Livingston's regiment, was cashiered by sentence of a general court martial, and now prays to be reinstated in his post, be dismissed, as there are no sufficient reasons for the interference of Congress in the case: 2

2 This report, dated April 29 (present, Pickering and Peters), is in the Papers of the Continental Congress , No. 147, III, folio 249. Many papers relating to the case are on the subsequent folios.

Resolved , That Congress agree to the said report.

The Board of War, to whom was referred a letter of William McKissack, with a pay roll enclosed, report, “that they deem themselves incompetent to the settlement of it;” Whereupon,

Resolved , That the same be referred to the Board of Treasury, to take such order thereon as they shall judge necessary. 3

3 This report, dated February 26, is in the Papers of the Continental Congress , No. 147, III, folio 79.

Resolved , That the report of the Board of War on the letter from Lieutenant Colonel Knoblauch be referred to the committee on the letter from said Lieutenant Colonel Knoblauch.

The Board of War having reported as their opinion, That a sum of money be paid to Mons. de Guijon to enable him to prosecute his voyage to France,

0087 585

At a Board of War , April 22 nd , 1779.

Mons r De Guijon, a Lieutenant of Dragoons in the service of France, was sent from York Town with General M c Intosh to be employed as he thought proper. He acted as a Lieutenant in a Regiment at Fort Pitt. General M c Intosh represents his conduct in a favorable point of view. He now applies for farther employment; but on being told he cannot have it, he agrees to return to France, if furnished with some means to get there. The Board being of opinion that it is better to grant him a sum of money to enable him to embark than to retain him here at expence of the United States, beg leave to report:

That the sum of dollars be paid to Mon sr De Guijon to enable him to prosecute his voyage to France, it being impracticable to employ him in the service of these States consistent with the present arrangement of the Army. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 221.

On the question to agree to the report,

Passed in the negative.

A letter from Major [John Skey] Eustace was read:

Ordered , To lie on the table.

A letter, of April 23, from W. Finnie, deputy Q. M. G., was read: 2

2 The Eustace letter is in the Papers of the Continental Congress , No. 78, VIII, folio 323; that of Finnie, in No. 78, IX, folio 253.

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

On the recommendation of the Board of Treasury,

Resolved , That Hampton Round and Cornelius Comegys be appointed signers of bills of credit of the United States. 3

3 See note on p. 583, ante .

The Board of War report,

“That they have taken into consideration the reference from Congress relative to the promotion of Brigadier Moultrie, 4 and are of opinion, that it would be inexpedient to promote Brigadier Moultrie, unless a more general promotion

4 The original report continued: “and the proposed appointment of two Major Generals, are of opinion, that as the State of South Carolina hath a Major General and two Brigadiers appointed from the officers of their troops, that number of general officers is sufficient for the number of their forces” &c.

0088 586 took place, as some other states think themselves entitled to a promotion of their general officers; but as it may excite uneasiness and difficulties unless a continental officer commands the army in the southern district, it will be best to make a special appointment of Brigadier Moultrie, to be commandant of the southern army;” Whereupon,

Resolved , That Brigadier General Moultrie be commander, in the absence of Major General Lincoln, of the southern army, during its continuance to the southward of North Carolina, with the allowance of major general on a separate command, until the further order of Congress. 1

1 This report, dated April 23 (present, Pickering, Spencer, and Peters), is in the Papers of the Continental Congress , No. 147, III, folio 235. The last paragraph was “reconsidered” and “agreed.”

Resolved , That to morrow immediately after reading the journal, Congress proceed in the consideration of the report of the Board of Treasury relative to finance.

That Saturday next be assigned for the appointment of a cloathier general.

Congress proceeded to the consideration of the report of the committee on the communications of the Minister, &c.

The subject resumed, and on motion of Mr. [Meriwether] Smith, seconded by Mr. [Roger] Sherman,

Resolved , That the words “can be obtained” be struck out; and in their room the word “is” inserted; and that the word “consistently” be changed into “consistent.”

The substitute being amended to read, “that an equal share of the fisheries with Great Britain, as far as the same is consistent with the treaty of Paris between France and the United States, be required and insisted on, but that if,” &c. to the end.

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Richard Henry] Lee, to amend the first part as far as the words “insisted on,” by substituting in lieu thereof the words following:

0089 587

“That a common right with Great Britain to the fisheries “on the coasts and banks of North America be “required and insisted on, preserving inviolate the treaty “of Paris between France and these United States.”

To which it was moved by Mr. [James] Duane, seconded by Mr. [William Henry] Drayton, to add, “provided “our allies can be prevailed on to prosecute the “war; but in no event shall the right or claim of these “states to the said fisheries be yielded up or impaired.”

A question being taken, Is this addition in order,

Resolved in the affirmative.

An amendment to the proviso was moved by Mr. Dickinson, seconded by Mr. [John] Penn, instead of the words “can be prevailed on to prosecute the war,” to insert, “shall be in circumstances to prosecute the war “with effect.”

A question being taken, Is this amendment in order,

Resolved in the affirmative.

On the question to agree to the amendment, the yeas and nays being required by Mr. [William Henry] Drayton,

New Hampshire, Mr. Whipple no no Massachusetts Bay, Mr. S. Adams no Gerry no no Lovell no Holten no Rhode Island, Mr. Ellery no no Collins no Connecticut Mr. Sherman no no Spencer no New York, Mr. Jay ay Duane ay ay Floyd ay New Jersey, Mr. Scudder no div. Fell ay Pennsylvania, Mr. Armstrong no Shippen no Searle no no Muhlenberg no Wynkoop ay 0090 588 Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, ay Paca, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, no R. H. Lee, no no Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it passed in the negative. 1

1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.

After some time spent thereon:

Adjourned to 10 oClock to Morrow.

MONDAY, MAY 17, 1779

A letter, of this day, from Leonard Albouy and others was read; 2 whereupon the committee on a former letter from Mr. Albouy brought in a report, which was read:

2 Albouy's letter is in the Papers of the Continental Congress , No. 78, I, folio 257; a second paper is on folio 287.

Your Committee to which was referred a motion on Mr. Albouy's letter of the 12th instant, beg leave to report:

That, having paid particular attention to every Circumstance which may authenticate the accounts of the Distresses of the Bermudians, and collected a Number of important Vouchers in their Favor, and 0098 596 being moreover assured by the Minister of France that his Court will cordially acquiesce in any Measures which the Policy of Congress may adopt in favor of those suffering Islanders, they are of opinion that the Resolution of the [7] Day of [May] ought to be reconsidered. 1

1 This report, in the writing of Nathaniel Scudder, is in the Papers of the Continental Congress , No. 78, I, folio 261.

Ordered , That it be re-committed.

Ordered , That the letter of this day from Leonard Albouy be referred to the said committee.

A letter, of the 16, from General Washington, was read, enclosing a letter of intelligence from Colonel Ford, and copies of sundry papers that passed between him and Brigadier McIntosh, and in which he informs that he thought it his duty to submit these last papers to the consideration of Congress, that it may decide whether the reasons given in his letter from Colonel Hamilton are sufficiently cogent to postpone an enquiry for the present: 2

2 Washington's letter is in the Papers of the Continental Congress , No. 152, VII, folio 345; that of Ford is on folio 369; and the enclosures on folios 349–362.

Resolved , That Congress are well satisfied with the reasons for postponing the enquiry.

Ordered , That the said papers be filed at the Board of War.

A letter, of April 24, from J. Rutledge, governor of South Carolina, to the delegates of that State, was laid before Congress and read.

A letter, of 11, from General Washington, was read, enclosing copies of sundry papers relative to the officers of the New Jersey brigade; and an extract from Colonel Wadsworth's letter of May 2; copy of Colonel Champion's letter of the same date to Colonel Wadsworth; and an extract of a letter from Colonel G. Morgan, of April 29, to Mr. Flint: 3

3 Rutledge's letter is in the Papers of the Continental Congress , No. 72, folio 490; that of Washington, in No. 152, VII, folio 311.

Ordered , That so much of the General's letter, and of the papers enclosed as relate to the commissary's department be 0099 597 referred to the committee for superintending the commissary and quarter master general's departments.

That the papers relative to the officers of the New Jersey brigade be referred to the Board of War.

A letter, of 14, from General Washington was read, enclosing a copy of a letter, of 9th, from Colonel George Morgan, and of a speech of Indian chiefs, and the General's answer:

Ordered , That the same be referred to the Committee on Indian Affairs.

A letter, of April 2, and one of April 15, from Major General Lincoln, were read, enclosing a paper respecting Captain John Peter André Dufau: 1

1 The letter of Washington is in the Papers of the Continental Congress , No. 152, VII, folio 331. It is printed in Writings of Washington (Ford), VII, 452. The letter of Morgan is in No. 152, VII, folio 335, and the Indian talks on folios 339 and 343. The letter of Lincoln is in No. 158, folio 247, and the Dufau paper is on folio 251.

Ordered , That they be referred to the Board of War.

A memorial from John Blair was read:

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

A letter, of April 16, from P. Henry, governor of Virginia, to the delegates of that State, was read:

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

Resolved , That on every Monday, Wednesday, and Friday, immediately after the reading of the journal and despatches, the reports on finance be considered until a decision is obtained thereon, and that no other business shall on any of those days be taken up, unless by unanimous consent of the members.

The Committee on the Treasury brought in a report: Whereupon,

Resolved , That the auditors of the main army be authorized to establish a general rule for making allowances to recruiting officers for the incidental expences of drums, fifes, and cockades, reporting the same to the Board of Treasury.

0100 598

That the allowance made to Captain McLane in the settlement of his accounts by the auditors of the army, being agreeable to the resolutions of Congress for recruiting and subsisting the Agreed Continental battalions, your committee are restrained from increasing the allowance according to the prayer of his petition. 1

1 This paragraph was not entered in the Journals.

The Committee on the Treasury having reported,

That in obedience to the order of Congress they have referred the accounts of General Count Pulaski's legion to the auditors of accounts for the main army: that for want of regularity in keeping those accounts and of proper vouchers, agreeable to the directions of Congress and the Board of Treasury, Auditor Johnston has reported to them that it is impracticable to settle the said accounts, as appears from his report and remarks accompanying their report:

Resolved , That the commanding officer of the detachment of the army serving in South Carolina and Georgia, be authorized to appoint a pay master for the said legion; and that Captain Baldesqui, the present pay master, be detained until he shall have produced competent vouchers, and settled the accounts of the said legion. 2

2 This report, dated May 15, is in the Papers of the Continental Congress , No. 136, III, folio 311.

The Committee on the Treasury report,

“That Congress did, on the 1st day of August, 1777, appropriate one million of dollars for the service of Georgia; That several sums of money were from time to time drawn out of the treasury in favour of the said State, and in part of the said grant; That a warrant was drawn by the President of Congress on John Gibson, auditor general, dated the 1st day of September, 1777, in favour of the delegates of Georgia, for nineteen thousand dollars advanced to enable them to discharge two bills drawn on them by the Governor of that State, for the purpose of recruiting the 3rd Georgia battalion; one of them for fourteen thousand dollars, in favour of Captain 0101 599 Thomas Scott, and the other in favour of Captain Clement Nash for five thousand dollars. That on the same day Mr. Nathan Brownson, one of the delegates of the said State, did draw an order on the said Auditor General, for the payment of the said 14,000 dollars, to Captain Scott, part of the said warrant, which was accordingly done as appears by a receipt on the back of the said order; That Mr. Joseph Wood, another of the delegates of the State of Georgia, did afterwards receive of the said Auditor General the full amount of the aforesaid warrant, without discounting the sum which had been paid in the order of the said N. Brownson, as appears by two receipts, endorsed on the said warrant, under the hand of the said Joseph Wood; one of them, dated 23rd December, 1777, for six thousand dollars; and the other by a warrant on the treasurer, for which the said Auditor General is accountable, dated 11 February, 1778, for the sum of thirteen thousand dollars, granted expressly to enable him to discharge the residue of the said warrant of 1st September last, in favour of the delegates of Georgia; which two receipts amount to 19,000 dollars, the sum mentioned in the said warrant, from all which, it appears that the said Auditor General has advanced for the said State of Georgia, fourteen thousand dollars beyond the warrant of Congress, for which he ought to have a voucher; And that the last mentioned sum of 14,000 dollars fully compleats the said grant of one million of dollars for the service of Georgia.” Whereupon,

Resolved , That a warrant issue on the treasurer in favour of John Gibson, auditor general, for fourteen thousand dollars, being the sum he so paid to the said Scott, on the order of the said Nathan Brownson, on the 1 September, 1777, on account of the State of Georgia, and for which the said State is to be accountable. 1

1 This report, dated May 17, is in the Papers of the Continental Congress , No. 136, III, folio 313. The account with the State of Georgia is on folio 317.

0102 600

The Board of War having reported on sundry matters referred to them:

At a Board of War , May 15, 1779 .

Present, General Spencer, Colonel Atlee, Colonel Pickering and Mr. Peters.

The Board having considered the letter from General Washington, of the 3d instant, with its enclosures, and that from General Schuyler, of the 25th ulto. on the subject of Indian Affairs, beg leave to report to Congress:

That General Washington be directed to give every information he shall deem expedient to the Commissioners of Indian Affairs in the Northern Department of any intended military operations against the hostile tribes of Indians, that no measures inconsistent therewith may be taken at any treaty or conference with the savages. That General Washington be also directed to give every necessary assistance and advice to the Commissioners, that a proper plan may be formed to establish Peace with such of the tribes or nations as the Commissioners shall, on receiving the necessary information, deem proper, and that they may give every assistance to any intended operations proposed to be carried on for the chastisement of the hostile tribes.

That the said Commissioners of Indian Affairs be authorized to take such measures after receiving the opinion and advice of the Commander in Chief, as they shall think best adapted to circumstances, and most consistent with the interest and safety of the United States so far as concerns their department. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 323. The paragraph adopted, in the writing of Thomas Burke, is on folio 327.

Resolved , That the commissioners for Indian affairs in the northern department be directed to consult General Washington upon all treaties with the Indians, and to govern themselves by such instructions as he shall give them relative to any partial or general treaty of peace to be concluded with them.

Resolved , That the adjutant general of the army of the United States, be allowed the same rations as a brigadier general:

0103 601

That he be permitted to engage two assistants and one clerk, the assistants to be taken from the line, and both they and the clerk to be approved of by the Commander in Chief:

That each assistant be allowed such an addition to his appointments as an officer in the line, as shall make the same equal to those of a lieutenant colonel:

That the clerk be taken from the subalterns or volunteers in the army, and allowed pay and subsistence equal in the whole to those of a captain. 1

1 This report, dated March 19 (Peters and Pickering, present), is in the Papers of Continental Congress , No. 147. III, folio 131.

War Office , May 12, 1779 .

The Board are informed by Lieutenant Colonel Bayard, of Colonel Broadhead's regiment, the 8 th Pennsylvania, that the time of service of that regiment will expire next August: and by Lieutenant Colonel Campbell, of the 13 th Virginia regiment, that the time of service of the men of that regiment will expire next autumn, by November at farthest; that if money were supplied them, they could probably reenlist the greater part of their respective regiments: That no money could be obtained from the Treasury of Pennsylvania; and Colonel Campbell who is present, unless furnished here must be obliged to proceed to Williamsburg, where perhaps he may be disappointed: That these two regiments form almost the whole force in the Western Department, and unless the Men are re-enlisted immediately, it is probable few will enlist at all.

The Board therefore considering these two regiments as essential for the defence of the Western Frontiers, and that if they are discharged at the times above mentioned it will be exceedingly difficult, if not impracticable, to supply their places with other troops, beg leave to report:

Resolved , That sixty thousand dollars be granted for the purpose of reinlisting the non commissioned officers and privates of the 8 Pensylvania regiment, and forty thousand dollars for the purpose of reinlisting the non commissioned officers and privates of the 13th Virginia regiment, upon the terms proposed in the resolution of Congress of 23rd day of January, and 9th March last, that these sums be paid into 0104 602 the hands of the paymaster of the Board of War, to be by him transmitted to the commanding officers of the regiments aforesaid. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 313.

Ordered , That the report of the Board of War on the barrack master's representation be re-committed.

That Saturday next be assigned for taking into consideration the report of the Board of War on the department of military stores.

War and Ordnance Office , May 1, 1779 .

The Board have endeavoured to keep in good temper the persons employed in the Ordnance Department, and prevailed upon them to wait for a long time, in hopes of some fortunate event or measures which might recover the value of our money, and of some general regulation, which including the Officers and Men of the Artillery Artificers under Colonel Flower, and the Commissaries, Clerks, and Conductors, in the civil branches of the Ordnance, would ease the minds of these useful and indispensably necessary people, and stimulate them to perform the tasks assigned to them with greater comfort to themselves, and of course with more benefit to the public. But their difficulties daily increase: and we are now called upon, by our regard to the public interest, to inform Congress, that this department is on the eve of dissolution, as the Officers, already deeply distressed, will not continue in the service to their certain ruin ; nor will a Man reenlist, or recruits engage in the Corps, on the present terms held out to them.

We are well aware that objections lie against the business, about which the Artificers are employed, being done by Soldiers, who having no increase of emolument in view by an increase of labour, are too often idle and inattentive to their duty; and were our Country in the situation of those in Europe, where contracts can be made with certainty and justice to both parties, owing to the fixed value of their Money; and where workmen are so plenty and dependent that they seek for employment, instead of being courted to work, the objections would have their full force: But from a long attention to the subject, we can with confidence pronounce, that the carrying on the Ordnance business by enlisted workmen, is the only way the present circumstances of this Country will admit, so as to have any degree of certainty, 0105 603 in regard to the supplies. Besides it is proposed that the pay of the Artificers should be greater or less in proportion to their industry and the goodness of their work, which will doubtless produce very beneficial effects. The Artificers employed on daily wages are transient, clamorous, ungovernable and extortionate. We were asked four hundred dollars a month by a person we stood in need of to superintend an Armoury, and the wages of hired common workmen, such as Smiths, Carpenters, &c. are ten dollars a day and rations; without any certainty of their continuance even at this sum.

The Officers in the regiment, who do the double duty of Superintending their own Men and those hired to assist them, complain that they see themselves and families reduced to want, while the mere journeyman has at least a sufficiency for his maintainance, and that of his family. The enlisted Artificers draw very grating comparisons between their own and the situation of hired Men, who have ten times their pay.

The condition of these people is peculiar, as most of them have families with whom they connected themselves either previous to their enlistment or since their engaging in the Corps, which being stationary induces them to enter into Matrimonial engagements more than the Men in Marching regiments. The families of such Men are distressed, and themselves discontented: whence the public service must inevitably suffer. Their pay, from the depreciation of the currency, is trifling, compared with that of a British Artificer in the Army, who receives a Spanish dollar per day and rations.

The Officers of the regiment of Artillery Artificers could, by resigning, resume their several employments to great advantage, as most of them, before they entered into the public service, were Master workmen, and possessed of considerable property. Yet they would be satisfied with allowances far short of the emoluments of private business: altho' being taken out of the line of the Army, and rising and Commanding only in their own Corps, they have no Military glory in view, and can expect nothing from the public but pecuniary satisfaction. The other Officers in the Department of Military Stores axe much in the same situation. All of them would be contented with a mere support, altho many of them would enrich themselves by leaving the Service: and they say they shall be Obliged to resign for want of subsistence, unless speedily relieved. But if they do, all the Ordnance supplies must Stop, as we know of none who will fill their places.

The Board reluctantly recommend the raising of pay; but in this, as well as the other civil departments of the Army, we do not see how 0106 604 it can be avoided. We know that many of our Officers complain that their pay is not equal to that of a Common Artificer; but they do not advert to the difference of their situations. The Military Officer has promotion and glory for his objects: but the Artificer has only his wages to invite him to his duty. It is the case in all Armies, that workmen receive more pay than many of the Officers; and in the British Service the pay of a Carpenter exceeds that of a Lieutenant.

For these reasons we think that no bad precedent will be established by raising the pay of the Artificers: at the same time it is evidently a matter of indispensible necessity; unless other means can be found that will yield them equal relief. We therefore beg leave to report:

Dollars

That the pay of the Commissary General of Military Stores, including his pay as Colonel of the Corps of Artillery Artificers be per month 600

of a deputy Commissary General 300

“ Commissary 240

“ Commissary, if charged with purchasing and other extra duty, 300

“ Deputy Commissary 200

“ Conductor, according to the nature and extent of his business, to be determined by the Commissary General with the concurrence of the Board of War and Ordnance from 75 to 100

“ Clerks, according to their talents and extent of duty, to be determined by the Commissary General with the concurrence of the Board of War and Ordnance from 50 to 100

“ Pay Master to the Commissary General 250

“ Pay Master at a Seperate Station 160

“ Commissary acting as Pay Master in a Seperate Station, including his pay as Commissary 300

“ Lieutenant Colonel of Artillery 300

“ Major 250

“ Captain 200

“ Captain Lieutenant 133 ⅓

“ Lieutenant 133 ⅓

“ Serjeant, according to his talents and industry, from 50 to 65

“ Private, do do do do from 40 to 60

0107 605

That such of the Officers abovementioned as are allowed provisions and forage by virtue of the Resolution of Congress of the 11 th of February, 1778, be still entitled to the same.

That all the Officers and clerks who have served in this Department for one year previous to this date, do now belong to it, and agree to continue therein, shall be entitled to draw out of the Clothier Generals store one suit of clothes, to be paid for at the same rate that Officers in the line are charged for the same: and that they continue to do the same annually, until Congress shall order otherwise.

We beg leave to add, that large as the pay here proposed appears, it is in no case more than four tunes as much as the pay established in February, 1778, except for the Commissary General, altho' the necessaries of life do now generally cost ten times as much as they did then: that the Commissary General, besides superintending the Department, and finally examining all the accounts, and attending to the government, musters, pay and clothing of the corps of Artillery Artificers, is charged with a variety of purchases, to the amount of at least three fourths of the whole expenditures of the Department, that the Board sensible of the weighty objections to the Departments or Commission, preferred the proposition for increasing the monthly pay of the persons employed in the Department of Military Stores: and the Officers therein when representing their present distress, have asked only for a bare maintainance. But for this, less than the sums above mentioned will not be sufficient, in the present depreciated State of the currency; nor even then, without a retrospect to the commencement of the present year, since which time, and indeed for months before, they have unavoidably expended more than their pay; which has obliged some to part with their private fortunes and others to run in debt. We are hence, and from our observation in other cases, led to remark, that in Officers who have been long employed in the public service there appears to be an attachment to it which induces them to continue in it upon terms vastly more moderate than would be insisted on by new Men, who having for some time past attended only to their private Affairs, have contracted more avaricious inclinations, and would therefore refuse employments that would yield them only a descent subsistence. Hence we are led to despair of organizing the department of Military Stores with suitable Officers, if the present set are compelled by their necessities to resign. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 365.

0108 606

On a report of the Board of Treasury,

Resolved , That the application of Captain McClean be referred to the State of Delaware, and that the President thereof be informed that any compensation which that State shall judge proper to be made to Captain McClean shall be credited to that State in its account with Congress. 1

1 This paragraph appeared only in the manuscript Secret Domestic Journal.

Adjourned to 11 oClock to Morrow.

TUESDAY, MAY 18, 1779

A letter, of 11, from General Washington, was read, 2 informing that Brigadier M'Intosh is desirous of serving in the southern army, as the war is now in the State to which he belongs; and therefore recommending him as a gentleman whose knowledge of service and of the country promises to render him useful; Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 152, VII, folio 307.

Resolved , That Brigadier-General M'Intosh be permitted to repair to the southern army, and there act under the orders of the commanding officer in that department, until the farther orders of Congress or the Commander in Chief.

A memorial from Lieutenant [Michel Personne de] Guyon, was read: 3

3 This memorial, dated May 17, is in the Papers of the Continental Congress , No. 41, III, folio 447.

Ordered , That it be referred to the Board of War, and that they be directed to give the memorialist a certificate that Laughlan McIntosh is a brigadier general in the army of the United States of America.

A letter, of 4, from Captain Joseph Olney, was read:

Ordered , That it be referred to the Marine Committee.

A letter, of 10, from J. Beatty, commissary general of prisoners, was read:

0109 607

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

A letter, of 14, from Brigadier Du Portail, was read.

Mr. [George] Plater laid before Congress a letter from Mr. J. [A.] Thomas, dated April 28, and representing great abuses, waste and neglect of public stores at the head of Elk. 1

1 Beatty's letter is in the Papers of the Continental Congress , No. 78, III, folio 313; that of Du Portail, in No. 164, folio 346; that of Thomas, in No. 78, XXII, folio 625.

Ordered , That it be referred to the committee on the commissary and quartermaster's department, and that they be directed to enquire into the facts mentioned in it at public expence; and if true, to transmit the same to the Commander in Chief, that a court martial for the trial of the delinquents may be immediately appointed.

A letter, of 12, from S. Deane, was read:

Ordered , That on Thursday next, immediately after reading the journal, Congress proceed to the consideration of the report of the committee on foreign affairs.

A petition of Robert Lynn, a memorial from Captain Paul Schott, a petition from the non commissioned officers and privates of Captain [Simon] Spaulding's company; and a letter, of 15th, from Colonel Procter, were read: 2

2 The Lynn petition, dated May 15, is in the Papers of the Continental Congress , No. 42, IV, folio 190; the Schott memorial, dated April 30, in No. 41, IX, folio 76; the soldiers' petition, in No. 42, VI, folio 29; and Proctor's letter in No. 58, folio 267.

Ordered , That they be referred to the Board of War.

A letter, of 11, from P. Scull, secretary of the Board of War, was read:

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

A letter, of 16, from G. Morgan, agent for Indian affairs in the western district, was read, 3 accompanied with the Indians speech to General Washington, and the General's answer:

3 This letter is in the Papers of the Continental Congress No. 163, folio 341.

Ordered , That the letter be referred to the Committee on Indian Affairs.

A memorial from Joachim [de] Luca, subject of his Catholic Majesty, master of the ship St. Francisco de Paula al s El 0110 608 Valenciano , captured by the ship Pilgrim , [Captain] Hugh Hill, and carried into the State of Massachusetts bay; also

A memorial from Joseph de Llano, a Spaniard, master of the ship Holy Martyrs , captured by the schooner Success , Captain Philip Trask, and carried into Massachusetts bay; were read:

Ordered , That the said memorials, with the papers accompanying them, be referred to the Committee on Appeals.

A paper signed Leonard Albouy and Joseph Basden, was read; 1 Whereupon,

1 Luca's memorial, dated April 26, is in the Papers of the Continental Congress , No. 41, V, folio 200; that of Llano, of the same date, on folio 204; that of Albouy, in No. 78, I, folio 253.

The committee, to whom were referred sundry letters from Leonard Albouy and others, report,

“That being convinced, from a variety of concurrent testimony and circumstances, the distresses of the Bermudians are not exaggerated, and that any provisions which may arrive at their islands, will be faithfully and entirely applied to their use; having also collected a number of important vouchers in proof of their warm attachment to these states, and being moreover assured by the Minister of France, that his court will cordially acquiesce in any measures which the policy of Congress may adopt in behalf of those suffering islanders, they are of opinion that, notwithstanding the resolution of inexpediency of the 7th instant some mode of immediate relief to that distressed people ought to be adopted, and therefore do earnestly recommend the following resolution:

“ Resolved , That it be recommended to the executive powers of the states of Pensylvania, Delaware, Maryland, Virginia, and North Carolina, respectively, to permit 1000 bushels of Indian corn, to be exported from each of the said states, for the relief of the distressed inhabitants of those islands; and that it be required of the captains of any vessels on board which the said corn shall be laden, to return to the 0111 609 respective executive powers aforesaid, certificates of the delivery and faithful appropriation of the said provision, under the signature of at least two of the principal inhabitants of the said islands:” 1

1 This report, in the writing of Nathaniel Scudder, is in the Papers of the Continental Congress , No. 78, I, folio 265. On folio 263 is a proposed amendment, in the writing of John Jay, referred to this committee:

“ Resolved , That the inhabitants of Bermuda be permitted to purchase in and export from the State of South Carolina, five hundred Barrels of Rice, to be divided into five Cargoes of one hundred Barrels each, to be shipped in succession in manner following; none of the said Cargoes shall be laden on board any Vessel, until the Master shall produce a letter of Recommendation from , or any two of them, Inhabitants of Bermuda, to the Governor of South Carolina. The second Cargo not to be shipped until Advice be received by the said Governor from the , or any two of them, of the arrival of the first, and so on with respect to the other Cargoes.”

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Penn, to strike out the words, “and North Carolina;” and on the question, shall those words stand,

The yeas and nays being required by Mr. [Thomas] Burke,

Massachusetts Bay, Mr. Gerry, no Lovell, ay no Holten, no Rhode Island, Mr. Collins, no no Connecticut, Mr. Sherman, ay div. Spencer, no New York, Mr. Jay, ay ay Floyd, ay New Jersey, Mr. Scudder, ay ay Fell, ay Pennsylvania, Mr. Shippen, ay Atlee, ay ay Searle, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, ay div. Henry, no Jenifer, no Virginia, Mr. Smith, ay R. H. Lee, ay ay Griffin, ay North Carolina, Mr. Penn, no Burke no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

0112 610

So it was resolved in the affirmative.

On the question to agree to the report, the yeas and nays being required by Mr. [John] Penn,

Massachusetts Bay, Mr. Gerry, no Lovell, ay no Holten, no Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, ay ay Spencer, ay New York, Mr. Jay, ay ay Floyd, ay New Jersey, Mr. Scudder, ay ay Fell, ay Pennsylvania, Mr. Shippen, ay Atlee, ay ay Searle, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, no no Henry, no Jenifer, no Virginia, Mr. Smith, no R. H. Lee, ay ay Griffin, ay North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

Mr. [Meriwether] Smith then arose, and with the leave of the House, read in his place a paper in answer to the paper delivered in by Mr. [Henry] Laurens, in which he repeats his request, “that Congress will explicitly declare whether it be their opinion that the motion which he made on Friday was full of dangerous consequences, derogatory to the honor and dignity of Congress, and alarming to the free and independent citizens of these United States; and hopes that Congress, having indulged Mr. [Henry] Laurens with entering his address upon the journals, will do him equal justice, and allow him the same indulgence by entering his address upon the journal of Congress:

0113 611

The motion being seconded by Mr. [John] Penn,

On the question, shall Mr. [Meriwether] Smith's address be entered on the journal,

The yeas and nays being required by Mr. [Meriwether] Smith,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. Gerry, no Lovell, ay no Holten, no Rhode Island, Mr. Ellery, no div. Collins, ay Connecticut, Mr. Sherman, no no Spencer, no New York, Mr. Jay, ay Morris, ay no Floyd, ay New Jersey, Mr. Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, ay no Searle, no Wynkoop, no Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, no ay Griffin, ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it passed in the negative.

Tuesday , 18 th May , 1779.

Mr. President ,

It gives me real Concern to find that Mr. Laurens a Delegate from the State of South Carolina, considers the Motion I made on Friday last as an Attempt “irregular, unprecedented and full of dangerous Consequences, derogatory to the Honor and Dignity of Congress, and alarming to the free and independent citizens of these united States.” 0114 612 I conceive it to be the Duty of every Member of Congress to receive Information, and to communicate it to Congress, of the Venality, Peculation and Fraud of any of its Members, or of other Persons employed in the public Service. If the Information leads to the Investigation of Truth, it is worthy of Notice and should be attended to. The Contents of the Letter alluded to in the Information I gave, the Manner in which it was published and the Probability that a letter directed to the Governor of Georgia might have fallen into the Hands of the Enemy, in Georgia, did, in my opinion, require the Attention of Congress and of all the free and independent Citizens of these united States, since the Honor of the one and the Interest of the other demanded the an Inquiry concerning the Truth of the Contents. The Publisher in this Instance could not be called upon to justify the Publication, either by Congress or Mr. Laurens, because he was not within the Line of their Power: But Mr. Laurens might have refuted the Publication by a bare Denial of the Authenticity of the Letter; which Justice to Congress and his own Honor required if the Letter published was not genuine. In my Opinion, therefore, there was no Impropriety in the Motion for demanding of Mr. Laurens whether he had written the Letter of which that Publication was said to be a Copy. I am sure the demanding of a Person whether he was the Author of a Letter published in a Newspaper was not unprecedented even in this House. But Mr. Laurens could not be compelled to give Evidence against himself, or even to answer the Question. A Regard to Truth and his own Honor were the only Consideration which could oblige him to answer any Question. The Motion, therefore, could not be “full of dangerous Consequences,” nor could it be “alarming to the free and independent Citizens of these united States”, unless Mr. Laurens and the free and independent Citizens of these united States should be of Opinion that Truth and Honor ought not to influence the Conduct of Men. If Mr. Laurens has discovered those scenes of Venality, Peculation, and Fraud, which are mentioned in the Letter alluded to, or if he was warranted to say what is therein expressed, he ought indeed to have rejoiced that an Opportunity was given him to unfold them, and thereby to have been instrumental in bringing to punishment the Authors of such Mischiefs to the Public. But, Mr. Laurens has charged me openly in Congress, with having attempted what was “irregular, unprecedented and full of dangerous Consequences, derogatory to the Honor and 0115 613 Dignity of Congress, and alarming to the free and independent Citizens of these United States.” And he has said that he rejoices “at the Wisdom displayed by Congress in overruling the Attempt .” This Charge is contained in a written Paper, which he read in his Place and desired might be entered upon the Journals of Congress. It hath been received, and is entered upon the Journal, by order of Congress. Without calling upon Congress for that Protection against personal Insult to which every Member is intitled, whilst he is performing his Duty in this House, and a consequent Reparation of the Breach of Privilege; I demanded of Congress the Justice due to my Honor, that the sense of Congress might be expressed whether the Motion I had made was of such a Nature as Mr. Laurens had declared; and I thought myself intitled to satisfaction on this Point; as Congress had received the implied Thanks of Mr. Laurens for the Wisdom displayed in over-ruling the Attempt . Congress has not been pleased to answer the Question; but hath adopted a Resolution, which, in my Opinion, countenances the Charge; as it apologizes for having admitted the Declaration to Record, and leaves it in full Force against me—a Mode of Proceeding, which, if it shall be conclusive in this case, I fear, will impeach the Candor if not the Justice of Congress. I therefore, as well out of Regard to the Dignity of Congress as to my own Honor, repeat my Request that Congress will explicitly declare whether it be their Opinion that the Motion which I made on Friday last was “full of dangerous Consequences, derogatory to the Honor and Dignity of Congress and alarming to the free and independent Citizens of these united States.” And having indulged Mr. Laurens with entering his Address upon the Journals of Congress, I hope Congress will allow me equal Justice, and allow me the same Indulgence, by entering this Address upon the Journal of Congress.

Meriwether Smith . 1

1 This paper, in the writing of Meriwether Smith, is in the Papers of the Continental Congress , No. 78, XX, folio 401.

Adjourned to 10 oClock to Morrow.

FRIDAY, MAY 21, 1779

Mr. [Samuel] Huntington, a delegate from Connecticut, attended, and took his seat in Congress.

An appeal from the judgment of a court of admiralty for the State of Connecticut, on a libel Edward Conkling, &c. v . Brig Bermuda &c, was lodged with the Secretary, and referred to the Committee on Appeals.

The delegates of Maryland informed Congress, that they have received instructions respecting the articles of confederation, which they are directed to lay before Congress, and to have entered on their journals; the instructions being read are as follows:

Instructions of the general assembly of Maryland, to George Plater, William Paca, William Carmichael, John Henry, James Forbes and Daniel of St. Thomas Jenifer, esqrs;

Gentlemen , Having conferred upon you a trust of the highest nature, it is evident we place great confidence in your integrity, abilities and zeal to promote the general welfare of the United States, and the particular interest of this state, where the latter is not incompatible with the former; but to add greater 1 weight to your proceedings in Congress, and to take away all suspicion that the opinions you there deliver, and the votes you give, may be the mere opinions of individuals, and not resulting from your knowledge of the sense and deliberate judgment of the state you represent, we think it our duty to instruct you as followeth on the subject of the confederation, a subject in which, unfortunately, a supposed difference of interest

1 Here the writing changes to that of Thomas Edison.

0122 620 has produced an almost equal division of sentiments among the several states composing the union: We say a supposed difference of interests; for, if local attachments and prejudices, and the avarice and ambition of individuals, would give way to the dictates of a sound policy, founded on the principles of justice, (and no other policy but what is founded on those immutable principles deserves to be called sound,) we flatter ourselves this apparent diversity of interests would soon vanish; and all the states would confederate on terms mutually advantageous to all; for they would then perceive that no other confederation than one so formed can be lasting. Although the pressure of immediate calamities, the dread of their continuance from the appearance of disunion, and some other peculiar circumstances, may have induced some states to accede to the present confederation, contrary to their own interests and judgments, it requires no great share of foresight to predict, that when those causes cease to operate, the states which have thus acceded to the confederation will consider it as no longer binding, and will eagerly embrace the first occasion of asserting their just rights and securing their independence. Is it possible that those states, who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, will use with greater moderation the increase of wealth and power derived from those territories, when acquired, than what they have displayed in their endeavours to acquire them? we think not; we are convinced the same spirit which hath prompted them to insist on a claim so extravagant, so repugnant to every principle of justice, so incompatible with the general welfare of all the states, will urge them on to add oppression to injustice. If they should not be incited by a superiority of wealth and strength to oppress by open force their less wealthy and less powerful neighbours, yet the depopulation, and consequently the impoverishment of those states, will necessarily follow, which by an unfair construction of the confederation may be stripped of a common interest in, and the common benefits derivable from, the western country. 1 Suppose, for instance, Virginia indisputably possessed of the extensive and fertile country to which she has set up a claim, what would be the probable consequences to Maryland of such an undisturbed and undisputed possession? they cannot escape the least discerning.

1 Here the writing changes to that of George Bond.

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Virginia, by selling on the most moderate terms a small proportion of the lands in question, would draw into her treasury vast sums of money, and in proportion to the sums arising from such sales, would be enabled to lessen her taxes: lands comparatively cheap and taxes comparatively low, with the lands and taxes of an adjacent state, would quickly drain the state thus disadvantageously circumstanced of its most useful inhabitants, its wealth; and its consequence in the scale of the confederated states would sink of course. A claim so injurious to more than one half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right. Yet what evidences of that right have been produced? what arguments alleged in support either of the evidence or the right; none that we have heard of deserving a serious refutation.

It has been said that some of the delegates of a neighbouring state have declared their opinion of the impracticability of governing the extensive dominion claimed by that state: hence also the necessity was admitted of dividing its territory and erecting a new state, under the auspices and direction of the elder, from whom no doubt it would receive its form of government, to whom it would be bound by some alliance or confederacy, and by whose councils it would be influenced: such a measure, if ever attempted, would certainly be opposed by the other states, as inconsistent with the letter and spirit of the proposed confederation. Should it take place, by establishing a sub-confederacy, imperium in imperio , the state possessed of this extensive dominion must then either submit to all the inconveniences of an overgrown and unwieldy government, or suffer the authority of Congress to interpose at a future time, and to lop off a part of its territory to be erected into a new and free state, and admitted into the confederation on such conditions as shall be settled by nine states. If it is necessary for the happiness and tranquillity of a state thus overgrown, that Congress should hereafter interfere and divide its territory; why is the claim to that territory now made and so pertinaciously insisted on? we can suggest to ourselves but two motives; either the declaration of relinquishing at some future period a portion of the country now contended for, was made to lull suspicion asleep, and to cover the designs of a secret ambition, or if the thought was seriously entertained, the lands are now claimed to reap an immediate profit from the sale. We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed 0124 622 by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct. Thus convinced, we should betray the trust reposed in us by our constituents, were we to authorize you to ratify on their behalf the confederation, unless it be farther explained: we have coolly and dispassionately considered the subject; we have weighed probable inconveniences and hardships against the sacrifice of just and essential rights; and do instruct you not to agree to the confederation, unless an article or articles be added thereto in conformity with our declaration: should we succeed in obtaining such article or articles, then you are hereby fully empowered to accede to the confederation.

That these our sentiments respecting the confederation may be more publicly known and more explicitly and concisely declared, we have drawn up the annexed declaration, which we instruct you to lay before Congress, to have it printed, and to deliver to each of the delegates of the other states in Congress assembled, copies thereof, signed by yourselves or by such of you as may be present at the time of the delivery; to the intent and purpose that the copies aforesaid may be communicated to our brethren of the United States, and the contents of the said declaration taken into their serious and candid consideration.

Also we desire and instruct you to move at a proper time, that these instructions be read to Congress by their secretary, and entered on the journals of Congress.

We have spoken with freedom, as becomes freemen, and we sincerely wish that these our representations may make such an impression on that assembly as to induce them to make such addition to the articles of confederation as may bring about a permanent union.

A true copy from the proceedings of December 15, 1778.

Test, J. Duckett , C. H. D. 1

1 Here Charles Thomson resumed the entries. These instructions are in the Papers of the Continental Congress , No. 70, folio 305. The declaration was read in Congress January 6, 1779. See p. 29 ante .

A letter, of 11th, and one of the 12th, from P. Henry, governor of Virginia, was read; 2 Whereupon,

2 These letters are in the Papers of the Continental Congress , No. 71, I, folios 225, 229.

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Resolved , That the letters of Governor Henry, with that received from Thomson Mason, Esq. be communicated to General Washington, and that the Board of War be directed to replace as speedily as possible, the arms furnished by the State of Virginia, at the request of Congress, to the State of South Carolina, with such cartouch boxes as may be required by the delegates of Virginia.

Ordered , That the intelligence contained in the letters of Governor Henry be communicated to the Minister Plenipotentiary of France:

That the letters be referred to the Board of War.

A letter, of 20th, from Brigadier W. Thompson and S. B. Webb, was read:

Ordered , That it be referred to a committee of three:

The members chosen, Mr. [Joseph] Spencer, Mr. [Samuel] Atlee, and Mr. [Nathaniel] Scudder.

A letter, of 20, from J. Connolly was read:

Ordered , That it be referred to the committee on the letter from the Board of War respecting J. Connolly.

A letter, of 12, from Captain James Willing was read: 1

1 Thompson's letter is in the Papers of the Continental Congress , No. 78, XXII, folio 633; that of Connolly, in No. 78, V, folio 355; that of Willing, in No. 78, XXIV, folio 29.

Ordered , That it be referred to the Marine Committee.

A representation from the council and general assembly of the State of New Jersey, was read:

Ordered , That it be referred to the Board of War, and that they be directed to give the information required.

A memorial from John Dodge, accompanied with sundry papers, was read: 2

2 The New Jersey paper is in the Papers of the Continental Congress , No. 68, folio 451; Dodge's memorial, dated May 21, is in No. 41, II, folio 441.

Ordered , That the same be referred to the Committee on Indian Affairs.

A letter, of 18, from the Board of War was read, accompanied with sundry papers relative to a claim of the Rev. Mr. David Jones:

0126 624

Ordered , That the same be referred to the Board of Treasury, to settle what allowance Mr. Jones shall receive for his extra services as surgeon to the 4th Pensylvania regiment.

A letter of this day from D. J. Miralles was read, respecting the three Spanish vessels captured and carried into Massachusetts bay: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XV, folio 445.

Ordered , That the committee to whom the letter and memorial on this subject were referred, be directed to report to morrow morning.

The delegates for the State of Connecticut laid before Congress farther powers relative to the Articles of Confederation, which were read, and are as follows:

STATE OF CONNECTICUT, ss :

At a general assembly of the governor and company of the state of Connecticut, in America, holden at Hartford, by special order (L. S:) of the governor of the said state, on Wednesday, the 7th day of April, Anno Domini 1779.

It appearing to this assembly to be essentially necessary for the preservation, safety, independence, and sovereignty of the United States of America, that the articles of confederation and perpetual union be acceded to, ratified and confirmed: and whereas all of the said states, except Maryland, have agreed to and confirmed said articles of confederation, and Maryland hath not acceded to said articles as drawn up, for reasons heretofore published; and whereas the confederation of thirteen states may not be considered as obligatory on twelve states only:

Resolved , That the delegates of this state in Congress be directed and empowered, and full power and authority is hereby given and granted to the said delegates, in the name and behalf of this state, to enter into, ratify and confirm said articles of confederation and perpetual union with the states of New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia, in the most full and ample manner; always provided that the state of Maryland be not thereby excluded from acceding to said confederation at any time hereafter. A true copy of record:

Examined by George Wyllys , Secretary .

0127 625

Congress resumed the consideration of the report of the Board of Treasury on finance, and in considering the resolution under debate on Wednesday,

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [William] Carmichael, to strike out “January,” in the last line; and in the room thereof insert “April;” and, on the question, shall the word “January” stand,

The yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, ay Gerry, no ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, ay Spencer, ay ay Huntington, ay New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, Mr. Scudder, ay * Pensylvania, Mr. Armstrong, ay Shippen, ay Atlee, ay ay Searle, no Muhlenberg, ay Wynkoop, ay Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, no Carmichael, no no Henry, no Jenifer, no Virginia, Mr. Smith, ay R. H. Lee, no ay Griffin, ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Drayton, ay ay

On the question to agree to the resolution as amended,

Resolved in the affirmative.

0128 626

Resolved , That these United States be called upon, in addition to the sum required by a resolution of Congress of the 2d January last, for their respective quotas of 45,000,000 of dollars, to be paid into the continental treasury before the first day of January next, in the proportion following:

New Hampshire, 1,500,000

Massachusetts Bay, 6,000,000

Rhode Island, 750,000

Connecticut, 5,100,000

New York, 2,400,000

New Jersey, 2,400,000

Pennsylvania, 5,700,000

Delaware, 450,000

Maryland, 4,680,000

Virginia, 7,200,000

North Carolina, 3,270,000

South Carolina, 5,550,000

45,000,000

Georgia being invaded, is hereafter to raise her proportion.

Resolved , That the said several sums, or any greater sums, which shall be paid by any of the states into the continental treasury, shall be passed to their respective credits on interest, on the same terms as are prescribed by the resolution of Congress, passed the 22 November, 1777.

Resolved , That a committee of three be appointed to prepare an address to the several states on the present situation of affairs, and particularly on the necessity of paying their respective quotas:

The members chosen, Mr. [John] Dickinson, Mr. [William Henry] Drayton, and Mr. [James] Duane.

Adjourned to 10 oClock to Morrow.

SATURDAY, MAY 22, 1779

A letter, of 20th, from Major General Sullivan, was read:

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

A letter, of 20, from J. Reed, president of Pensylvania, was read, 1 enclosing a petition from sundry merchants relative to the court of appeals:

1 Sullivan's letter is in the Papers of the Continental Congress , No. 160, folio 245; that of Reed, in No. 69, II, folio 65, and the petition is on folio 69.

0129 627

Ordered , That the same be referred to the Committee on Appeals.

A letter, of 21, from W. Rogers, chaplain of the brigade late commanded by Brigadier Conway, was read, requesting that the stile of the brigade may be changed to that of “the third Pensylvania brigade,” being the stile by which it is known in the army: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XIX, folio 279.

Resolved , That his request be granted, and that a new certificate be granted to him, referring to his appointment of 11 June, 1778.

A letter, of 20th, from James Calhoun, was read, enclosing a deposition of Joseph White, respecting the ravages and depredations of the enemy in Virginia. 2

2 Calhoun's letter is in the Papers of the Continental Congress , No. 78, V, folio 349; the deposition is on folio 353.

The commissioners report, That they have examined the accounts of Samuel Shaw and Richard Marven for expences incurred in defending an action at law brought against them by Esek Hopkins, in the State of Rhode island, and find that there is due to them for sundry expences, including fees to attorney and council for the defendants, the sum of fourteen hundred and eighteen dollars and 7/90, to be paid to Mr. Sam. Adams, agreeable to the request of the claimants: 3

3 This sum included “a fee to be paid to William Channing, Esq. as counsel for the defendants, which fee was left to the discretion of Congress, and is now by direction of the Treasury filled up at five hundred dollars.”

That we have considered the account of Captain Francis Proctor, for Superintending the Hospital at the Yellow Spring, from the 23 rd . of December last to the 15 th . instant, is one hundred and forty four days at three dollars p r day, amounting to four hundred and thirty two dollars.

This duty he terms extra service. As charges under that head are generally settled by the Auditors at Camp, and we have never been furnished with any instruction or Resolves, by which to define what are, and what are not Extra services; we own we are doubtfull 0130 628 whether this comes properly under that denomination. There is reason to beleive that Officers can live as cheap at an hospital in the country, where there are plenty of good stores, as any where else. Indeed wherever there are public stores, the expense of living to them must be the same. We have it from the best authority that his Excellency General Washington is very cautious in granting warrants for extra services, and that many of these accounts are rejected, not without sufficient reasons.

We are therefore inclined to think that officers ordered on services of this nature should be allowed only for the days they axe travelling, to and from the places they are ordered to, at the rate of three dollars every twenty miles; and we humbly conceive this distinction to have been the intention of the Resolution of Congress; If so, Cap n Proctor is entitled to nine dollars, but we respectfully submit this to further consideration.

Is it not the duty of an officer to command a guard at an Hospital as well as at Camp or wherever he may be ordered? 1

1 This report, dated May 21; is in the Papers of the Continental Congress , No. 136, III, folio 329.

Ordered , That the same be paid.

Ordered , That so much of the report as relates to the claims of Captain Francis Proctor, for superintending the hospital at the Yellow Spring, be referred to the auditors of accounts at the main army.

The Committee on the Treasury brought in a report, which was read; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of the delegates of Maryland, on their application, for ten thousand dollars, the said State to be accountable.

That a warrant issue on the treasurer, in favour of Mr. [William] Whipple, delegate from the State of New Hampshire, on his application, for four thousand dollars, the said State to be accountable.

That a warrant issue on the treasurer, in favour of Mr. J[ames] Duane, one of the delegates from the State of New 0131 629 York, on his application, for three thousand dollars, for which the said State is to be accountable. 1

1 This report, dated May 21, P. M., is in the Papers of the Continental Congress , No. 136, III, folio 323.

That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War, for six thousand dollars, to enable him to exchange money out of circulation for officers and soldiers on their way to camp, and for which he is to be accountable.

That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for six hundred thousand dollars, to be by him transmitted to Benjamin Stelle, Esq. deputy paymaster to the Rhode island department, for the use of the troops there, to be charged to the account of Ebenezer Hancock, Esq. deputy paymaster general at Boston, who is to be furnished with a copy of this order. 2

2 This paragraph is based upon a “letter of the 17th instant from General Washington, with a letter to him of the 7th, and one to Congress of the 4th, from General Gates.”

That a warrant issue on the treasurer in favour of William Young, steward to the President of Congress, on his application, for five thousand dollars, for which he, the said steward, is to be accountable.

That a warrant issue on the treasurer, in favour of Isaac Melcher, barrack master general, on his application, for two hundred thousand dollars, for the use of his department, and for which he is to be accountable. 3

3 This report, dated May 21, is in the Papers of the Continental Congress , No. 136, III, folio 325. It also contained the paragraphs for signers of bills of credit, commissioners of accounts and Joseph Clay, post .

That upon application from the State of Connecticut, a warrant issue on the treasurer in favor of their delegates, for 150,000 dollars, the said State to be accountable, and to repay a like sum to the commissioner of the continental loan office thereof in the month of August next, with interest at six per 0132 630 cent. per annum, transmitting duplicate receipts to the Board of Treasury:

That upon application from the State of Massachusetts bay; a warrant issue on the treasurer in favor of Mr. John Lowell, for 800,000 dollars, the said State to be accountable, and to repay 500,000 dollars thereof to the commissioner of the continental loan office of the said State in the month of August next, with interest at six per cent. per annum, transmitting duplicate receipts to the Board of Treasury:

That upon application from the State of Virginia, a warrant issue on the treasurer in favor of John Moss, Esq. for 300,000 dollars, the said State to be accountable, and to pay a like sum to the commissioner of the continental loan office thereof in the month of August next, with interest at six per cent. per annum, transmitting duplicate receipts to the Board of Treasury.

Resolved , That the auditors of the army be authorized to increase the pay of such of their clerks as may merit the same, to a sum not exceeding 120 dollars per month, according to their respective abilities.

Resolved , That all continental officers who are or may be exchanged, and not continued in the service, be, after such exchange, considered as supernumerary officers, and entitled to the pay provided by a resolution of Congress, of the 24 November last.

That John Holker, Esq r be authorized, agreeable to his proposition, to order a sum not exceeding five hundred thousand dollars to be paid in South Carolina to the order of the Executive Council of that State; that upon producing to the Board of Treasury a receipt for the money so paid he be entitled to a warrant on the Postponed. Continental Treasurer for a like sum, and that the said State repay the same to the Commissioner of the Continental Loan Office thereof in the Month of August next, with interest at 6 p r cent p r annum, transmitting duplicate receipts to the Board of Treasury. 1

1 This report, dated May 18, is in the Papers of the Continental Congress , No. 136, III, folio 319.

0133 631

Whereas the troops formerly serving in South Carolina and Georgia are united in one body, under the same commanding officer, and disorder may arise from having two military chests and pay masters in the same detachment of the army; and Joseph Clay, Esq. deputy pay master for Georgia, having represented that the money remaining in his hands will be soon expended, and a supply having been lately forwarded to John Lewis Gervais, deputy pay master for South Carolina:

Resolved , That the general commanding in South Carolina be authorized and directed to draw out of the hands of the said John Lewis Gervais, the balance which may be due from him to the public, and transfer it to the care of the said Joseph Clay, who shall be considered as the sole deputy pay master for the troops serving in South Carolina and Georgia, until the further order of Congress; and that Mr. Gervais adjust and transmit his accounts to the Board of Treasury for settlement:

In consequence of a recommendation from the Board of Treasury,

Resolved , That John Reed, William Coats, John Williams, George Bright, and Levy Budd, be appointed signers of the continental bills of credit.

The Committee on the Treasury nominate:

Mr. John Dyer Mercier and Mr. Philip Audibert, to be appointed commissioners of accounts. 1

1 See note on p. 629, ante .

The delegates of New York, in behalf of their State, moved that Congress come to the following resolutions:

“Whereas divers of the inhabitants of a certain district of country, over a particular part of which the State of New York, and over the residue of which the State of New Hampshire, at the time when these United States were colonies of and subject to the crown of Great Britain, did exercise jurisdiction, have, under various pretences, refused allegiance 0134 632 thereto, and attempted to constitute themselves into a separate state, under the assumed name of the State of Vermont:

“ Resolved , That the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, are severally entitled to and ought to hold and be maintained in the possession of all the lands and territories, which appertained of right to each of them respectively, while they were colonies of and subject to the king of Great Britain.

“ Resolved , That none of the said states ought to be, or shall be, divested of any lands or territories over which they respectively exercised jurisdiction at the time aforesaid, unless by judgment of Congress in favor of certain other of the said states claiming the same or any part thereof, and prosecuting that claim in the way prescribed by the articles of confederation.

“ Resolved , That no part or district of one or more of the said states shall be permitted to separate therefrom, and become independent thereon, without the express consent and approbation of such state or states respectively.

“ Resolved , That it be recommended to the inhabitants of the said pretended State of Vermont, to return peaceably to their former jurisdictions, that is to say, those who have separated from the State of New York, to the State of New York; and those who have separated from the State of New Hampshire, to the State of New Hampshire.

“ Resolved , That Congress will readily hear, examine, and interpose, to obtain a redress of any grievances of which the said inhabitants may have cause to complain against their said respective states.

“ Resolved , That nothing in the preceding resolutions contained shall be construed to confirm or prejudice the title of 0135 633 the states of New Hampshire, or New York, to the jurisdictions aforesaid, or to exclude or bar any claims which other states may have thereto, or to any part thereof.”

A motion was thereupon made by Mr. [Thomas] Burke, seconded by Mr. [Gouverneur] Morris,

That, on Saturday next, Congress be resolved into a committee of the whole to consider the foregoing resolutions.

On which the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, ay Spencer, ay ay Huntington, ay New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, Mr. Fell, ay * Pennsylvania, Mr. Armstrong, no Shippen, ay Atlee, ay ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, ay ay Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, ay ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

The Committee on the Post Office brought in a report; Whereupon,

0136 634

Resolved , That the sum of ten thousand dollars be issued to the postmaster general, he to be accountable, and to pay it out for the public service, under the direction of the committee on the general post office.

On this question, the yeas and nays being required by Mr. [Thomas] Burke,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, ay Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, no Huntington, no no Spencer, ay New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, Mr. Scudder, no div. Fell, ay Pennsylvania, Mr. Armstrong, no Shippen, ay Atlee, ay ay Searle, ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, no Carmichael, ay div. Henry, no Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, ay ay Fleming, ay North Carolina, Mr. Penn, ay Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

The committee to whom was referred the letter from the Minister Plenipotentiary of France, with the note from Don Juan de Mirailles, dated May 18, 1779, brought in a report; Whereupon,

0137 635

Resolved , That the resolutions of Congress, passed on the sixth day of March last, relative to the controul of Congress by appeal in the last resort over all jurisdictions for deciding the legality of captures on the high seas, be immediately transmitted to the several states; and that they be respectively requested to take effectual measures for conforming therewith.

That the State of Massachusetts Bay, in particular, be requested to take effectual measures to expedite and facilitate an appeal from the decision of their courts on the cases of vessels or cargoes, claimed as ~~Spanish~~ neutral property, if it shall be demanded by either party.

Resolved , That the following letter be written to the Minister Plenipotentiary of France, and signed by the President:

Sir , Congress having taken into consideration your letter of the 19 of this month, I am directed to assure you, that as soon as the matter shall in due course come before them, they will attend very particularly to the cases of the vessels stated in the note from Don Juan de Mirailles to have been sailing under the flag of his Catholic Majesty, and captured by armed vessels under the flag of the United States; and that they will cause the law of nations to be most strictly observed: that if it shall be found, after due trial, that the owners of the captured vessels have suffered damage from the misapprehension or violation of the rights of war and neutrality, Congress will cause reparation to be made in such manner as to do ample justice and vindicate the honor ~~and dignity~~ of the Spanish flag.

That Congress have every possible disposition to cultivate the most ~~liberal~~ perfect harmony with his Catholic majesty, and to encourage the most ~~free~~ liberal and friendly intercourse between his subjects and the citizens of these United States; but they cannot, consistently with the powers entrusted to them and the rights of the states and of individuals, in any case, suspend or interrupt the ordinary course of justice. 1

1 The letter was entered in the journal only to this point, the three last paragraphs not being adopted.

The Control by appeal, in the last resort, over decisions on captures made on the high seas, which is reserved to Congress, enables them to preserve the Law of Nations inviolate, without the necessity of arbitrary Interpositions in Judicial proceedings, which are by no means tolerable under the free Government of the United States.

0138 636

This control, so necessary for the preservation of the general peace of the United States, Congress will exercise in all cases where good Government requires it, and they doubt not that they shall meet with ready and cheerful Obedience.

They wish Don Juan to rest assured, that in the particular cases to which he refers, Congress will take every measure which is within their Constitutional powers. 1

1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 25, I, folio 111.

On motion of Mr. [James] Duane, seconded by Mr. [Gouverneur] Morris, Congress came to the following resolution:

Whereas, a proposition has been made for exchanging a number of the good citizens of these states, who are in captivity at Niagara and its vicinity, for disaffected citizens who are desirous to join the enemy:

Resolved , That the commissioners of Indian affairs for the northern department, or any two of them, be authorized and directed, with the concurrence of the Commander in Chief and the governor or executive authority of the several states, whose citizens, respectively, shall be the subject of the proposed exchanges, to negotiate and settle such exchange in the manner and on the terms they shall judge reasonable and expedient.

The House proceeded to consider the report of the Committee of thirteen on Foreign Affairs. Upon motion,

Ordered , That the absent members be summoned to attend.

A memorial, of this date, from the hon ble Sr. Gérard, Minister plenipotentiary of France, was read; Whereupon,

Resolved , That the further consideration of the report of the said committee, and of the said memorial be postponed, and that the same, together with the report of the committee on the communications from the said Minister, be taken into consideration immediately after reading the journal on Tuesday next.

Adjourned to 10 oClock on Monday.

MONDAY, MAY 24, 1779

A petition of James Stevenson was read:

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

A memorial from Colonel Lewis Dubois was read: 1

1 Stevenson's petition is in the Papers of the Continental Congress , No. 42, VII, folio 73; the memorial of Dubois, dated May 12, is in No. 41, II, folio 445.

Ordered , That a copy thereof be sent to General Washington.

A letter, of 16, from B. P. Smith, was read:

Ordered , To lie on the table.

A letter, of 22nd, from Silas Deane, was read:

Whereupon sundry motions being made, a question of order was raised on the last; after debate, the member who moved the question of order desired leave to withdraw.

On the question shall the member have leave to withdraw his motion, all the States answered in the affirmative, except one which was divided;

Whereupon a question arose whether leave is given. On this question, the yeas and nays being required by Mr. [John] Jay,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, no ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no div. Collins, ay Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, ay New York, Mr. Jay, no Duane, ay ay Morris, ay New Jersey, Mr. Scudder, no div. Fell, ay Pennsylvania, Mr. Armstrong, ay Shippen, ay ay Muhlenberg, ay Wynkoop, ay Delaware, Mr. Dickinson, ay ay 0140 638 Maryland, Mr. Plater, ay Carmichael, no div. Henry, no Jenifer, ay Virginia, Mr. Smith, no R. H. Lee, ay ay Griffin, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, no South Carolina, Mr. Laurens, ay div. Drayton, no

So it was resolved in the affirmative.

Ordered , That the consideration of the letter of Mr. Deane, together with the last motion thereon, be postponed till to morrow.

Resolved , That the journals of a preceding day be open to correction during the whole of the next day.

A letter from Captain Thomas Buchanan was read, desiring leave for reasons therein set forth to resign his commission:

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

The delegates from Maryland laid before Congress a letter of 20th, from T. Johnson, governor of that State:

Ordered , That it be referred to the Board of War, and that the Board be directed to furnish,with all convenient despatch, to the State of Maryland, 600 stand of arms, for which the said State is to be accountable.

A letter, of this day, from the hon ble . Sr. Gérard was read: Whereupon, 1

1 The letter of Johnson is in the Papers of the Continental Congress , No. 70, folio 327; the Gérard letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 184.

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [William] Carmichael, in the words following:

Whereas Congress on the 15th of May last, did unanimously resolve, that all military officers commissioned by Congress, who then were or thereafter might be in the service of the United States, and should continue therein during the war, and not hold any office of profit under these states or any of 0141 639 them, should, after the conclusion of the war, be entitled to receive annually for the term of seven years, if they should live so long, one half of the present pay of such officers, with certain provisoes and limitations: and, whereas, the great sufferings, exemplary fortitude, and unshaken perseverance of the said officers, justly entitle them to the favorable notice of a grateful country, whose liberties they have bravely defended, supported and established: this Congress, therefore, mindful of their present sufferings, and willing to make future provision for the age of those whose youth, and health and ease, have been generously expended in the service of the public, do resolve and promise, that all military officers commissioned by Congress, who are or shall be in the service of the United States, and shall continue therein during the war, shall, after the conclusion thereof, receive annually during their natural lives one half of their present pay.

An objection being made against taking this into consideration, as being out of order; on the question, is the above motion in order, the yeas and nays being required by Mr. [William] Carmichael,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Gerry, no no Lovell, no Holten, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Sherman, no Huntington, no no Spencer, no New York, Mr. Jay, no Duane, no no Morris, ay New Jersey, Mr. Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Muhlenberg, no no Wynkoop, no Atlee, no Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, Carmichael, ay no Henry, no Jenifer, no 0142 640 Virginia, Mr. Smith, no Griffin, no no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative.

~~Mr. [Meriwether] Smith moved for leave to substitute a motion, which he read in his place, and leave being granted, the same was read at the table as follows:~~

Mr. Smith having previously obtained the general consent of the House, moved the following resolutions:

Whereas it hath been represented to Congress, that the enemy, at the time of, and since their landing in Virginia, have perpetrated the most unnecessary, wanton, and outrageous barbarities on divers of the citizens of that State, as well as on several of the subjects of his most Christian majesty residing therein; deliberately putting many of them to death in cool blood, after they had surrendered, abusing women, and desolating the country with fire:

Resolved , That the governor of Virginia be requested to cause diligent enquiry to be made into the truth of the above representations, and to transmit to Congress the evidence he may collect on the subject.

Resolved , That Congress will retaliate for cruelties and violations of the laws of nations, committed in these states against the subjects of his most Christian majesty, in like manner and measure as if committed against citizens of the said states; and that the protection of Congress shall be, on all occasions, equally extended to both.

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [Henry] Laurens, that the consideration thereof be 0143 641 postponed; and, on the question for postponing, the yeas and nays being required by Mr. [Henry] Laurens,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. Gerry, no Lovell, ay no Holten, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, ay New York, Mr. Jay, no Duane, no no Morris, ay New Jersey, Mr. Scudder, no no Fell, no Pennsylvania, Mr. Armstrong no Shippen, no Atlee, no no Muhlenberg, no Wynkoop, no Delaware, Mr. Dickinson, no no Maryland, Mr. Plater, no Carmichael, ay div. Henry, no Jenifer, ay Virginia, Mr. Smith, no R. H. Lee, no no Griffin, no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay div. Drayton, no

So it passed in the negative.

Congress proceeded to consider the first resolution, and on the question, resolved in the affirmative.

After considering the second resolution, when the question thereon was about to be put, the previous question was moved by Mr. [Gouverneur] Morris, and seconded by Mr. [Henry] Laurens.

And on the previous question, the yeas and nays being required by Mr. [John] Jay,

0144 642 New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, no div. Lovell, ay Holten, no Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, no Huntington, no no Spencer, no New York, Mr. Jay, no Duane, no no Morris, ay Floyd, no New Jersey, Mr. Scudder, ay ay Fell, ay Pennsylvania, Mr. Armstrong, ay Atlee, no no Muhlenberg, no Wynkoop, no Maryland, Mr. Plater, no Carmichael, no div. Henry, ay Jenifer, ay Virginia, Mr. Smith, no R. H. Lee, no no Griffin, ay Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, ay div. Drayton, no

So it passed in the negative.

On the question to agree to the main question, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no div. Collins, ay Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, ay 0145 643 New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, Mr. Scudder, ay ay Fell, ay Pennsylvania, Mr. Armstrong, no Atlee, ay ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, no Jenifer, ay Virginia, Mr. Smith, ay R. H. Lee, ay ay Griffin ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it was resolved in the affirmative.

Ordered , That Mr. R[ichard] H[enry] Lee have leave of absence.

A letter, of 15, from B. Harrison, deputy paymaster general in Virginia, was read:

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

Adjourned to 10 oClock to Morrow.

WEDNESDAY, MAY 26, 1779

An application from Mr. Mercer, 1 aid de camp to Major General Lee, was read, requesting a commission, such as his rank entitles him to, without attaching him to any particular corps, and without pay or any other emolument whatever, in order that he may be enabled to render service to his native country, Virginia, which is now attacked:

1 Mercer's application is in the Papers of the Continental Congress , No. 147, III, folio 359. It was John Francis Mercer.

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

A letter, of 24, from General Washington, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, VII, folio 373.

A letter, of this day, from W. Palfrey, paymaster general, was read; Whereupon,

A report from the Board of Treasury being taken into consideration,

Ordered , That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordinance, for one million dollars, to be by him transmitted to William Palfrey, Esq. paymaster general for the use of his department, he to be accountable.

That a warrant issue on the treasurer, in favour of Major General Mifflin, late quarter master general, for fifty thousand dollars, to discharge debts due from that department, he to be accountable.

The Board of Treasury report, that they have considered a letter from the Board of War of the 21 May, together with 0147 645 a fresh application from Colonel Melcher, barrack master general, for 200,000 dollars, in addition to a like sum granted the 22d, and are of opinion,

That Colonel Melcher be directed to dismiss all his deputies not at this post and Charlotteville, and make report of the names and stations of the deputy barrack masters so to be dismissed, to the Board of War, who shall issue orders to the quarter master general to put the barracks under the charge of his deputies: 1

1 This report, dated May 25, is in the Papers of the Continental Congress , No. 136, III, folio 341.

Resolved , That Congress agree to the report.

Ordered , That the letter, March 3, from Colonel G. Morgan, and the report of the Board of War, of April 29, respecting Job Chilloway's children, be referred to the Committee on Indian Affairs.

At a Board of War , April 27, 1779 .

Present, Cot Pickering and M r Peters.

Colonel Morgan, Agent for Indian Affairs in the Western Department, having represented to the Board,

That Job Chilloway, a faithful Indian of the Delaware Tribe, was at the request of that Nation on his way to them from the Susquehannah, where he resided, in order to act as an Interpreter (for which he was well qualified); and being at Fort Pitt caught the Small Pox of which he died. His Mother also died there of the same disease. His wife (who was at the time of her husband's death lying in) on heating thereof lost her senses and was sent by Col Morgan to her relations at Coshacking, where She now is entirely out of her reason. The child of which She was then delivered caught the small pox and died.

That Job Chilloway left issue five children:

One Girl of 12 years of age, one Boy of 11, one Boy of 8, one Boy of 6, who are now at Carlisle, totally destitute of all support.

That as Chilloway was well settled on the Susquehanna, and left his farm to serve the United States to whom he was ever a firm and steady friend, and as the catastrophe happened to him and his family while he was in their service, and would in all probability have been 0148 646 avoided had he remained at home, it will not only be pleasing to the friendly Indians of the Delaware Nation, but a piece of justice due the Children, that provision be made at Continental expence for their support and education. Wherefore the Board beg leave to report:

That until the farther order of Congress, Colonel Geo: Morgan, Agent for Indian Affairs in the Western Department, be authorized and directed to take proper measures for the maintainance and education of Job Chilloway's Children. That the Board of War give the necessary orders on the Clothier General for a supply of clothing for those Children, and that Colonel Morgan's accounts of expenditures from time to time for their support and education be settled and paid by the Treasury Board. 1

1 This report is in the Papers of the Continental Congress , No. 147, III, folio 283.

A letter, of 25, from Thomas Paine, was read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 55, folio 65.

A motion was made by Mr. [Nathaniel] Scudder, seconded by Mr. [William] Whipple,

That the letter lie on the table.

To which it was moved by Mr. [Thomas] Burke, seconded by Mr. [John] Armstrong, to add “until to morrow.”

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [William Henry] Drayton,

That Mr. Paine's letter of this day, together with his former letters upon the same subject, be referred to a committee, and that the committee be directed to enquire whether Mr. Paine has any other and what evidence against Mr. Deane, than what is now before Congress, and that they report specially and particularly thereon, with all convenient speed.

A motion was made by Mr. [Samuel] Adams, seconded by Mr. [James] Searle, that the consideration of the motion for committing be postponed, on which the yeas and nays being required by Mr. [Gouverneur] Morris,

0149 647 New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay LoveIl, no Holten, ay Rhode Island, Mr. Ellery, ay div. Collins, no Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, ay New York, Mr. Jay, no Morris, no no Floyd, no New Jersey, Mr. Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, ay Shippen, no Atlee, no ay Searle, ay Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, no Carmichael, no no Henry, ay Jenifer, no Virginia, Mr. Smith, no Griffin, no no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative.

On the question to agree to the motion for committing, the yeas and nays being required by Mr. [Gouverneur] Morris,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Gerry, ay no Lovell, no Holten, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, no Huntington, no no Spencer, no 0150 648 New York, Mr. Jay, ay Morris, ay ay Floyd, ay New Jersey, Mr. Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, ay div. Searle, no Muhlenberg, ay Wynkoop, ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay Griffin, ay ay Fleming, ay North Carolina, Mr. Penn, ay Burke, no ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it passed in the negative.

The House being informed that his excellency the president of Pensylvania, accompanied by several gentlemen, was at the door, with a petition signed by a number of the inhabitants of Pensylvania, as well as of other states, ~~relative to the subject of Finance~~ which he desired might be introduced and laid before Congress in the manner most agreeable to them.

Ordered , That his excellency the president sad the gentlemen accompanying him be introduced, in order that he may present the petition.

Accordingly, being introduced, the president addressed the House in a short speech, presented the petition, and withdrew:

The petition was then read;

Ordered , That the same be taken into consideration, with the report of the Board of Treasury on finance.

His excellency the president of the State having suggested that some gentlemen had signified a doubt as to the propriety of presenting the said petition:

0151 649

Resolved, unanimously , That Congress will at all times, cheerfully receive the sentiments of their constituents upon every important matter which may become a subject of their deliberations.

The committee to whom was recommitted the draught of an address to the several states on the present situation of affairs, brought in a new draught, which was read, amended, and unanimously agreed to as follows:

Ordered , That 500 copies be printed.

TO THE INHABITANTS OF THE UNITED STATES OF AMERICA

Friends and Countrymen ,

The present situation of public affairs demands your most serious attention, and particularly the great and increasing depreciation of your currency requires the immediate, strenuous and united efforts of all true friends to their country, for preventing an extension of the mischiefs that have already flowed from that source.

America, without arms, ammunition, discipline, revenue, government or ally, almost totally stript of commerce, ~~and at an Age of Weakness, like the young Shepherd of Israel,~~ and in the weakness of youth, as it were, with a “staff and a sling” only, dared, “in the name of the Lord of Hosts,” to engage a gigantic adversary, prepared at all points, boasting of his ~~power~~ strength, and of whom even mighty warriors “were greatly afraid.”

For defraying the expences of this uncommon war, your representatives in Congress were obliged to emit paper money; an expedient that you knew to have been before generally and successfully practised on this continent.

They were very sensible of the inconveniences with which too frequent emissions would be attended, and endeavoured to avoid them. For this purpose, they established loan offices so early as in October, 1776, and have from that time to this, repeatedly and earnestly solicited you to lend them money on the faith of the United States. ~~So little have their applications availed that all~~ The sums received on loan have nevertheless proved quite inadequate to the public exigencies. Our enemies prosecuting the war by sea and land with implacable fury and with some success, taxation at home and borrowing abroad, in the midst of difficulties and dangers, were alike impracticable. Hence the continued necessity of new emissions.

0152 650

But to this cause alone we do not impute the evil ~~complained of~~ before mentioned. We have too much reason to believe it has been in part owing to the artifices of men who have hastened to enrich themselves by monopolizing the necessaries of life, and to the misconduct of inferior officers employed in the public service. This Opinion is confirmed by our Observation, that the Rise if Articles in price, [extravagant for some months past] extravagantly exceeds a proportion to the Emissions within that Period, or for a considerable time immediately preceding it.

The variety and importance of the business entrusted to your delegates, and their constant attendance in Congress, ~~of course~~ necessarily disables them from investigating ~~or remedying~~ disorders of this kind. Justly apprehensive of them, they, by their several resolutions of the 22d of November and 20th of December, 1777, and of the 3d and 9th of February, 1778, recommended to the legislative and executive powers of these states a due attention to these interesting affairs. How far those recommendations have been complied with, we will not undertake to determine: but we hold ourselves bound in duty to you to declare, that we are not convinced there has been as much ~~Industry~~ diligence used in detecting and ~~punishing~~ reforming abuses as there has been in committing or complaining of them.

With regard to monopolizers, of the Produce of these States, you will observe there is some distinction between them, and Dealers in foreign Commodities. These are bought to America at a great risque. The Importers, by selling their Cargoes quickly by wholesale, may be enabled expeditiously, and therefore certainly with less Expence, and perhaps with less Hazard to prosecute their outward bound voyage. However, against the unreasonable Profits of Dealers in these Articles may be applied Frugality in using them and Industry in manufacturing them. It is our opinion, that taxes judiciously laid on such ~~Merchandizes~~ articles as become the objects of engrossers, and those frequently collected, would operate against the pernicious tendency of such practices ~~without discouraging Importation.~~

On the other Hand, Monopolizers of produce buy Commodities on the Spot where they are raised, with the known and often avowed Design of selling them at an advanced price to their distrest Countrymen. Against this Mischief, as the Articles are absolutely necessary, no Remedy can be applied but wise Laws strictly executed.

As to inferior officers employed in the public service, we anxiously desire to call your most vigilant attention to their conduct with respect 0153 651 to every species of misbehaviour, whether proceeding from ignorance, negligence, or fraud, and to the making of laws for inflicting exemplary punishments on all offenders of this kind.

We are sorry to hear that some persons are so slightly informed of their own interests as to suppose that it is advantageous to them to sell the produce of their farms at enormous prices, when a little reflection might convince them that it is injurious to those interests and to the general welfare. If they expect thereby to purchase imported goods cheaper, they will be egregiously disappointed; for the merchants, who know they cannot obtain returns in gold, silver, or bills of exchange, but that their vessels, if loaded here at all, must be loaded with produce, will raise the prices of what they have to sell, in proportion to the prices of what they have to buy; and, consequently, the land holder can purchase no more foreign goods for the same quantity of his produce than he could before. 1

1 Against this paragraph is written “recommitted and agreed to.”

The evil, however, does not stop at this point. The land holder, by acting on this mistaken calculation, is only labouring to accumulate an immense debt by increasing the public expences, for the payment of which his estate is engaged, and to embarrass every measure adopted for vindicating his liberty and securing his prosperity.

If practicable, the collecting Taxes, or part of them in kind, or borrowing in produce from the Raisers at fixed prices for public Use, might be advantageous, and we request You to consider, how far some Mode of this kind may be accommodated to the particular Dispositions and Circumstances of your respective States.

As the harvests of this year, which, by the divine goodness, promise to be plentiful, will soon be gathered, and some new measures relating to your foreign concerns, with some arrangements relating to your domestic, are now under consideration, from which beneficial effects are expected, we entertain hopes that your affairs will acquire a much greater degree of regularity and energy than they have hitherto had.

But we should be highly criminal if we did not plainly tell you that those hopes are not founded wholly upon our own proceedings. These must be supported by your virtue, your wisdom and your diligence. From the advantage of those seats in the national council with which you have honoured us, we have a pleasing prospect of many blessings approaching this our native land. It is your patriotism must introduce and fix them here.

0154 652

In vain will it be for your delegates to form plans of œconomy, to strive to stop a continuation of emissions by taxation or loans, if you do not zealously co-operate with them in promoting their designs, and use your utmost industry to prevent the waste of money in the expenditure, which your respective situations in the several places where it is expended, may enable you to do. A discharge of this duty and a compliance with recommendations for ~~raising~~ supplying money, ~~and a proper support of the Loan Offices~~ might enable Congress to give speedy assurances to the public that no more emissions shall take place, ~~after the present year,~~ and thereby close that source of depreciation.

Your governments being now ~~regulated~~ established, and your ability to contend with your invaders ascertained, we have, on the most mature deliberation, judged it indispensably necessary to call upon you for 45,000,000 of dollars, in addition to the 15,000,000 required by a resolution of Congress of the 2d of January last, to be paid into the continental treasury before the 1st day of January next, in the same proportion, as to the quotas of the several states, with that for the said fifteen million.

It appeared proper to us to fix the first day of next January for the payment of the whole; but as it is probable that some states, if not all, will raise part of the sums by instalments or otherwise before that time, we recommend, in the strongest manner, the paying as much as can be collected as soon as possible into the continental treasury.

Though it is manifest that moderate taxation in times of peace will recover the credit of your currency, yet the encouragement which your enemies derive from its depreciation, and the present exigencies, demand great and speedy exertions. to counteract them; and that which we have now adopted is from peculiar Circumstances attended with to produce this Consequence [tends from a singularity of Circumstances to indemnify you] for paying large sums, by increasing the Value of what remains in your Hands, as well as to secure these Blessings for yourselves and your posterity, for which you have declared and proved that You deem no price too high.

We do not doubt but the raising these sums will press heavily on some of our Constituents. Their Case we sincerely deplore. We are persuaded You will use all possible Care to make the advancement [promotion] of the general Weal interfere as little as may be with the Ease and Comfort of individuals. Perhaps it may contribute to this desirable purpose to receive sums in advance from the more wealthy, 0155 653 on the abatement of their future Taxes upon equitable Terms. Though when we consider that large Quantities of the Currency have past into the possession of Landholders, Tradesmen, Merchants and Labourers, who constitute the Bulk of the people, we cannot believe, the Pressure will be extensive. On the other Hand, when we feel the obligations urging us to Attempts for appreciating that Currency to your venerable Clergy, the truly helpless Widows and Orphans, your most gallant, generous, meritorious Officers and Soldiers, and supporting the public Faith, and for the Common weal, we cannot withhold our nor be disobedient to the authoritative Sensations.

We are persuaded you will use all possible care to make the promotion of the general welfare interfere as little as may be with the ease and comfort of individuals: but tho' the raising these sums should press heavily on some of our constituents, yet the obligations we feel to your venerable clergy, the truly helpless widows and orphans, your most gallant, generous, meritorious officers and soldiers, the public faith and the common weal, so irresistibly urge us to attempt the appreciation of your currency, that we cannot withhold obedience to those authoritative sensations. 2

2 This paragraph, in the writing of Gouverneur Morris, is on folio 251.

On this subject we will only add, that as the rules of justice are most pleasing to our infinitely good and gracious Creator, and an adherence to them most likely to obtain his favour, so they will ever be found to be the best and safest maxims of human policy.

To our constituents we submit the propriety and purity of our intentions, well knowing they will not forget, that we lay no burthens upon them, but those in which we participate with them; a happy sympathy, that pervades societies formed on the basis of equal liberty. Many cares, many labours, and may we not add, reproaches, are peculiar to us. These are the emoluments of our unsolicited stations; and with these we are content, if you approve our conduct. If you do not, we shall return to our private condition with no other regret, than that which will arise from our not having served you as acceptably and essentially as we wished and strove to do, though as chearfully and faithfully as we could.

Think not we despair of the commonwealth, or endeavour to shrink from opposing difficulties. No. Your cause is too good, your objects too sacred to be relinquished. We tell you truths, because you are freemen who can bear to hear them and may profit by them; and when 0156 654 they reach your enemies, we fear not the consequences, because we are not ignorant of their resources or our own. Let your good sense decide upon the comparison. Let even their prejudiced understandings decide upon it, and you need not be apprehensive of the determination.

Whatever supposed advantages from plans of rapine, projects of blood, or dreams of domination, may heretofore have amused their inflamed fancies, the conduct of one monarch, the friend and protector of the rights of mankind, has turned the scale so much against them, that their visionary schemes vanish as the unwholesome vapours of night before the healthful influences of the sun.

An alliance has been formed between his most Christian majesty and these states, on the basis of the most perfect equality, for the direct end of maintaining effectually their liberty, sovereignty and independence, absolute and unlimited, as well in matters of government as of commerce. The conduct of our good and great ally towards us, in this instance and others, has so fully manifested his sincerity and kindness, as to excite, on our part, correspondent sentiments of confidence and affection.

Observing the interests of his kingdom, to which duty and inclination prompted his attention, to be connected with those of America, and the combination of both clearly to coincide with the beneficent designs of the Author of Nature, who unquestionably intended men to partake of certain rights and portions of happiness, his majesty perceived the attainment of these views to be founded on the single proposition of a separation between America and Great Britain.

The resentment and confusion of your enemies will point out to you the ideas you should entertain of the magnanimity and consummate wisdom of his most Christian majesty ~~in framing this alliance~~ on this occasion.

They perceive, that selecting this grand and just idea from all those specious ones that might have confused or misled inferior judgment or virtue, and satisfied with the advantages which must result from that event alone, he has cemented the harmony between himself and these states, not only by establishing a reciprocity of benefits, but by eradicating every cause of jealousy and suspicion. They also perceive with similar emotions, that the moderation of our ally, in not desiring an acquisition of dominion on this continent, or an exclusion of other nations from a share of its commercial advantages, so useful to them, has given no alarm to those nations, but in fact has interested them in 0157 655 the accomplishment of his generous undertaking, to dissolve the monopoly thereof by Great Britain, which has already contributed to elevate her to her present power and haughtiness, and threatened if continued to raise both to a height insupportable to the rest of Europe.

In short, their own best informed statesmen and writers confess that your cause is exceedingly ~~popular with~~ favoured by courts and people in that quarter of the world, while that of your adversaries is equally reprobated; and from thence draw ominous and well grounded conclusions, that the final event must prove unfortunate to the latter. Indeed, we have the best reason to believe that we shall soon form other alliances, and on principles honourable and ~~favorable~~ beneficial to these states.

Infatuated as your enemies have been from the beginning of this contest, do you imagine they can now flatter themselves with a hope of conquering you, unless you are false to yourselves?

When unprepared, undisciplined, and unsupported, you opposed their fleets and armies in full conjoined force, then, if at any time, was conquest to be apprehended. Yet what progress towards it have their violent and incessant efforts made? Judge from their own conduct. Having devoted you to bondage, and after vainly wasting their blood and treasure in the dishonorable enterprise, they deigned at length to offer terms of accommodation, with respectful addresses, to that once despised body, the Congress, whose humble supplications only for peace, liberty and safety, they had contemptuously rejected, under pretence of its being an unconstitutional assembly. Nay, more; desirous of seducing you into a deviation from the paths of rectitude, from which they had so far and so rashly wandered, they made most specious offers to tempt you into a violation of your faith given to your illustrious ally. Their arts were as unavailing as their arms. Foiled again, and stung with rage, embittered by envy, they had no alternative, but to renounce the inglorious and ruinous controversy, or to resume their former modes of prosecuting it. They chose the latter. Again the savages are stimulated to horrid massacres of women and children, and domestics to the murder of their masters. Again our brave and ~~unfortunate~~ unhappy brethren are doomed to miserable deaths in gaols and prison ships ~~and again are venal princes sollicited to hire out their wretched subjects to commit Butcheries in these distant Regions.~~ To complete the sanguinary system, all the “extremities of war” are by authority denounced against you.

0158 656

Piously endeavor to derive this consolation from their remorseless fury, that the “Father of Mercies” looks down with disapprobation on such audacious defiances of his holy laws; and be further comforted with recollecting, that the arms assumed by you in your righteous ~~defensive~~ cause, have not been sullied by any unjustifiable severities.

Your enemies, despairing, however, as it seems, of the success of their united forces against our main army, have divided them, as if their design was to harass you by predatory, desultory operations. If you are assiduous in improving opportunities, Saratoga may not be the only spot on this continent to give a new denomination to the baffled troops of a nation impiously priding herself in notions of her omnipotence.

Rouse yourselves, therefore, that this campaign may finish the great ~~and good~~ work you have so nobly carried on for several years past. What nation ever engaged in such a contest under such a complication of disadvantages, so soon surmounted many of them, and in so short a period of time had so certain a prospect of a speedy and happy conclusion ~~of their labours.~~ We will venture to pronounce that so remarkable an instance exists not in the annals of mankind. We well remember what you ~~thought~~ said at the commencement of this war. You saw the immense difference between your circumstances and those of your enemies, and you knew the quarrel must decide on no less than your lives, liberties, and estates. All these you greatly put to every hazard, ~~generously~~ resolving to die freemen rather than to live slaves; and justice will oblige the impartial world to confess you have uniformly acted on the same generous principle. Consider how much you have done, and how comparatively little remains to be done to crown you with success. Persevere, and you ensure peace, freedom, safety, glory, sovereignty, and felicity, to yourselves, your children, and your children's children.

If neither were have judged it be a sight pleasing to them in itself to see a good Man struggling with Misfortunes, more especially if brought upon him by his own Integrity. no rare Ex[ample] among frail and frequently deceived Mortals so that they may be slightly [ ] in the [ ] the Ends; how much more delightful must it be for [these] that “are too pure, to behold Iniquity” to view [our own] People bravely breasting the Storms of Adversity raised against them by the Demons of Ambitions, Cruelty and Arrogance.

Encouraged by favours already received from infinite goodness, gratefully ~~confessing~~ acknowledging them, ~~humbly~~ earnestly imploring 0159 657 their continuance, constantly endeavoring to draw them down on your heads by an amendment of your lives, and a conformity to the divine will, humbly confiding in the protection so often and wonderfully experienced, vigorously employ the means placed by Providence in your hands, for compleating your ~~laudable~~ labours.

Fill up your battalions: be prepared in every part to ~~resist~~ repel the incursions of your enemies; place your several quotas in the continental treasury; lend money for public uses; sink the emissions of your respective states; provide effectually for expediting the conveyance of supplies ~~from one place to another~~ for your armies and fleets, and for your allies; prevent the ~~monopolies of~~ produce of the country from being monopolized: effectually superintend the behaviour of public officers; diligently promote piety, virtue, brotherly love, learning, frugality, and moderation; and may you be approved before Almighty God worthy of those blessings we devoutly wish you to enjoy.

~~This is a great Exertion, not alone Taxation promote Union If you distrust public officers remove them and restore Credit and Influence to govt. Tax Art of Monop[olies] make tax equal.~~ 1

1 Probably crude notes for a paragraph.

That it be manifest, that moderate Taxation in Times of peace will restore the Credit of your Currency, yet the Encouragement which your Enemies derive from its Depreciation and the present Exigences demand great and speedy and vigorous Exertions to counteract them; and that which we have adopted is attended with this plain Consequence, from a singular [state] of Circumstances, that large as the sums are when you will pay, the very payment of them tends to encrease the the value of what remains in your Hands, as well as to secure those inestimable Blessings for yourselves and your posterity, for which we know You would think no Price too great.

~~We do not doubt.~~ 2

2 This address, in the writing of John Dickinson, is in the Papers of the Continental Congress , No. 24, folio 243. On folio 441, in the writing of William Henry Drayton is the following proclamation:

“ By the Congress of The United States of North America :

“A PROCLAMATION.

“The circumstances attending the violation of the rights of America, by Great Britain, and the events of the present war in consequence of that violation, have manifested, that the supreme ruler of Heaven and earth, led these United States out of bondage; and that it is he who hath made them Independent. A situation in which only, they can be secure against their enemies; and from which mankind can receive those blessings, which, the great father of all, hath designed, they should enjoy from the civilization of this new world.

“The United efforts of these states under the favor of heaven have hitherto rendered vain, the mighty exertions against them by, the King of Great Britain, by arms; and have frustrated the destructive designs of that prince, by negotiations. Happily the United States by experience know, that such efforts are capable of securing them against his power; and that their duty to God, to themselves, to their posterity, and to mankind, impels them to exert those efforts to the utmost of their ability.

“The present season for military operations, furnishes them with an opportunity of discharging this great duty. The smiles of their creator upon their past actions must inspire them with religious confidence in their future exertions; the hardships they have suffered, enable them to encounter new difficulties; and their great ally regarding their Cause as his own, and taking part in the war, must warm their affections, excite their emulation, and invigorate their proceedings.

“The arduous contest with Great Britain, sustained in its commencement, under almost every possible disadvantage, hath been so conducted, and the war is now in such a situation that the ultimate objects of these United States are speedily to be obtained, if they will make those exertions which the favorable conjuncture demands, and which are within their power to perform. Wherefore the Congress do announce to their constituents, that the present campaign will afford them an opportunity to bring the war to a speedy and glorious conclusion, notwithstanding the endeavors of the enemy to prolong it; but that the most vigorous efforts of these states will be necessary, and that such efforts will be called for, according to the nature of the intended operations. And, it is hereby in the strongest manner recommended to the legislatures of the several states, to arm their executive powers in the present important conjuncture, with ample authority to call forth and to direct the public strength, against the common enemy, to the executive powers, to lose no time in making arrangements for the most decisive movements—and to the faithful citizens, to act with that vigor, which is necessary to establish the honor and the Independance of their nation.

“Done in Congress at Philadelphia, the — day of May, 1779, and in the 3 d year of the Independance of the United States of North America.

“President.

“Attest, Secretary.”

0160 658

Done in Congress, by unanimous consent, this twenty-sixth day of May, one thousand seven hundred and seventy-nine.

John Jay , President .

Attest, Charles Thomson , Secretary .

On motion of Mr. [William] Fleming, seconded by Mr. [Thomas] Burke,

Resolved , That it be referred to the Board of War to consider whether it be expedient that so many horses be forthwith 0161 659 purchased as will be necessary to remount such of Colonel Baylor's regiment as are without horses, and to make such order therein as they may judge will best promote the service of the United States.

Adjourned to 10 oClock to Morrow.

SATURDAY, MAY 29, 1779

Two letters, of 21, from P. Henry, governor of Virginia, were read, one enclosing a letter, of 5th, from T. Bee, lieutenant governor of South Carolina:

Ordered , That they be referred to the Committee of Intelligence.

A letter, of this day, from W. Palfrey, paymaster general, was read; 2 Whereupon,

2 The Henry letter is in the Papers of the Continental Congress , No. 71, I, folio 233; that of Bee, in No. 72, folio 494; that of Palfrey, in No. 165, folio 498.

Congress taking into consideration a report of the Committee on the Treasury,

Treasury Office , May 22 nd , 1779

The Committee on the Treasury having received the representation (N o 1) from the Board of War on the necessity of some alteration in the manner of keeping the accounts of the expenditures for the Army, in consequence of the establishment of a pay office for that Board, and having referred the same to the Pay Master General and M r Johnston, Auditor for the Army, the said Pay Master General and Auditor make their report in the paper (N o 2) which being submitted to the Auditor General, he reported his opinion thereon in the paper (No 3), which are severally referred to.

And your Committee having considered the said representation and reports, and being satisfied of the necessity of reducing the accounts of the pay and money allowances to the army to one view, 0167 665 without which stoppages cannot regularly be made or Justice done to the public, and being also of opinion that the books to be kept for this purpose may be so formed as to serve as auxiliary to the books of the Treasury, beg leave to submit the following resolutions:

Resolved , That the paymaster general shall keep his office in the place where Congress may from time to time hold their sessions:

That he be allowed to employ as many clerks as shall be judged necessary by the Board of Treasury.

That he be authorized to superintend the several deputy pay masters general, whose duty it shall be to make monthly returns to him and reasonable applications for money for the use of the army; to follow his directions in the mode of keeping their accounts, and all other matters relative to their office:

That all accounts of advances made by any of the states, or any officer or person whatsoever, for the pay of the continental army or for the recruiting service, shall be delivered to the deputy pay master general of the district where such advances may be made; ~~and so much of the said accounts as may be lost by as aforesaid, shall be disallowed by the public;~~ and the said deputies are hereby directed to keep a copy of such accounts in a book to be provided by them for that purpose, and to transmit the originals immediately to the pay master general:

That the pay master general shall keep regular books, and charge therein all monies that have been, or may be advanced to the deputies in the several departments: and when he receives their monthly returns shall give them credit for the same, charging the several regiments or persons to whom such advances have been made, and transmitting their accounts to the auditors of the army respectively:

That the auditors of the army in the several districts make monthly returns to the paymaster general of the accounts 0168 666 settled in their office, particularly specifying the manner in which such accounts were balanced, and the date of the settlement:

That a deputy pay master general be appointed for the army, under the immediate command of his Excellency General Washington.

Resolved , That it be referred to the Committee on the Treasury to consider and report the allowances of pay to be made to the deputy pay master general at the main army, as well as to the deputy pay masters general in the other districts, and to the clerks of the several deputy pay masters general.

Resolved , That the assistant auditor general and secretary of the Board of Treasury be respectively allowed the same salary as is granted to a commissioner of the chamber of accounts.

In consequence of a nomination by the Board of Treasury, Congress proceeded to the election of an assistant auditor general, and a secretary to the Board of Treasury; and, the ballots being taken, Joseph Nourse was elected assistant auditor general; Robert Troup secretary to the Board of Treasury. 1

1 This report is in the Papers of the Continental Congress , No. 136, III, folio 333.

Resolved , That so much of the report as recommends that “So much of the accounts of advances made by any of the states, or any officer or person whatsoever, for the pay of the continental army, or for the recruiting service, which are ordered to be delivered to the deputy pay master general of the district where such advances are made, as may be lost by neglecting to deliver them, as aforesaid, be disallowed by the public,” be recommitted.

In consequence of a recommendation of the Committee on the Treasury,

0169 667

Resolved , That William Colladay, Matthew Strong, James Johnson, Samuel Nicholas, William Gray, John Graff, jr. Jacob Masoner, John Hazlewood and Daniel Wistar, be appointed signers of the continental bills of credit. 1

1 This recommendation forms part of a report, dated May 27, in the Papers of the Continental Congress , No. 136, III, folio 343. The report also contained grants to Carleton, printed under May 31, and to Govett, printed under June 2, post .

A letter, of 27, from T. Pitcairn, captain of the 82 British regiment, a prisoner at Reading, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 223.

Ordered , That it be referred to the Board of War, and that they take order thereon.

A letter, of 18, from G. Clinton, governor of New York, was read, 3 enclosing copies of sundry papers, viz. No. 1. A petition of the committees of Cumberland county; 2. A letter of Colonel [Eleazer] Patterson of Cumberland county to Governor Clinton, May 5, 1779; 3. Governor Clinton's letter of May 14, in answer to the petition of the committees of Cumberland county; [4.] A printed pamphlet, entitled, A public defence of the right of the New Hampshire grants, &c. and sundry other papers relative to the dispute between the State of New York and the inhabitants of a certain district stiling themselves inhabitants of the State of Vermont. 4

3 This letter is in the Papers of the Continental Congress , No. 67, II, folio 186.

4 This letter is in the Papers of the Continental Congress , No. 41, I, folio 171. All the enclosures, except the printed pamphlet, are on the folios following.

Ordered , That it be referred to the committee of the whole.

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [William Henry] Drayton,

That whenever the House shall go into a committee of the whole, the chairman be chosen by the committee by ballot.

On the question to agree to this, the yeas and nays being required by Mr. [Gouverneur] Morris,

0170 668 New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, no div. Collins, ay Connecticut, Mr. Sherman, no div. Huntington, ay New York, Mr. Jay, ay Duane, ay ay Morris, ay Floyd, ay New Jersey, Mr. Scudder, no * Pennsylvania, Mr. Armstrong, ay Shippen, ay ay Muhlenberg, ay Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, ay Carmichael, ay ay Jenifer, ay Virginia, Mr. Smith, ay * Fleming, ay North Carolina, Mr. Burke, ay * South Carolina, Mr. Drayton, ay ay

So it was resolved in the affirmative.

Congress was resolved into a Committee of the Whole, and after some time, the President resumed the chair, and Mr. [George] Plater reported, that the committee have had under consideration the letter from Governor Clinton, of the 18th, together with the papers enclosed, and the resolutions moved by the delegates of New York and made some progress, but not having come to a conclusion, desire leave to sit again.

Resolved , That on Tuesday next, immediately after reading the journal and important dispatches, if any there be, Congress be resolved into a committee of the whole to consider farther the matters referred to them.

Adjourned to 10 oClock on Monday.

MONDAY, MAY 31, 1779

An appeal from the judgment of a court of admiralty for the State of Maryland, on the libel David Posset, v . the sloop Jane , was lodged with the Secretary, and referred to the Committee on Appeals.

A letter, of 20th, from Brigadier S. H. Parsons, was read, accompanied with an appeal from a court of admiralty for the State of Connecticut, on a libel of William Smith Scudder: 1

1 This letter is in the Papers of the Continental Congress , No. 161, folio 335.

Ordered , That the appeal be referred to the Committee on Appeals, and the letter to a committee of three:

The members chosen, Mr. [William] Floyd, Mr. [John] Witherspoon, and Mr. [Samuel] Huntington.

A letter, of 28, from G. Morgan, agent for Indian affairs in the western district, with sundry papers enclosed, was read, desiring leave to resign his agency, and also requesting that a person may be appointed in his place to act as deputy commissary general of purchases in the western department; and that he, Colonel Morgan, may be directed to account for the money he has received. 2

2 This letter is in the Papers of the Continental Congress , No. 166, folio 457.

Ordered , That the same be referred to the Committee on Indian Affairs.

A letter, of 21, from Major General Heath, was read.

A letter, of 26, from the Board of War, was read, enclosing a letter, 30 April, from P. Dickinson, relative to the rent for the ensuing year for the house wherein the Minister Plenipotentiary of France resides: 3

3 Heath's letter is in the Papers of the Continental Congress , No. 157, folio 265; that of Dickinson, in No. 147, III, folio 349.

Ordered , To lie on the table.

A letter, of this day, from W. S. Livingston, was read:

Ordered , That it be referred to the Marine Committee.

The commissioners report,

0172 670

That there is due to Jonathan Skinner, for attending, boarding, &c. twenty three wounded British prisoners in January and February, 1777, ninety six dollars and 72/90, to be paid to Mr. James Caldwell for his use.

That there is due to Cornelius Comegys, Jun. for services as clerk in the chamber of accounts, from the 1 to 25 instant, one hundred and fifty dollars:

Ordered , That the same be paid.

Ordered , That so much of the commissioners report as relates to Brigadier McIntosh's accounts be referred to the Board of Treasury.

The Auditor General reports, That in pursuance of the order of the Board of Treasury, of 23 April, last “to settle the accounts of the salaries and contingent expences of the commissioners of accounts for the middle department”, he hath examined the accounts adduced by James Stevenson and Samuel Downe, Esq. Moses Emmerson, Esq. being since deceased, and finds,

That there is a ballance due to James Stevenson, on account of pay, from January 4, to the 22 instant, and contingent charges, including an allowance of his board, from 6th February last, when the price of board became extravagantly high, as per his account stated, twelve hundred and forty nine dollars and 84/90ths.

That there is a balance due to Samuel Downe, on account of pay, from 4 January last, to the 22d instant, including an allowance of his board, from the 6th February, when the price of board became extravagantly high, as per his account, three dollars and 27/90ths. 1

1 This report, dated May 22, is in the Papers of the Continental Congress , No. 136, III, folio 337.

Ordered , That the said accounts be paid.

The Committee on the Treasury brought in a report; Whereupon,

0173 671

Ordered , That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War, for three hundred thousand dollars, to be by him transmitted to Benjamin Harrison, Esq. deputy paymaster general in Virginia, for the use of his department, for which he is to be accountable. 1

1 See note under May 29, p. 667, ante .

That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for one hundred and fifty two dollars in specie to be by him transmitted to the commissioners of Indian affairs for the northern department, to replace a like sum paid to four guides procured for the troops on the expedition to Onondaga by General Schuyler, the said commissioners to be accountable.

That a warrant issue on the treasurer, in favour of the Marine Committee, on their application, for one hundred thousand dollars, for the use of the navy board of the middle department, the said Marine Committee to be accountable.

Ordered , That so much of the report as relates to Brigadier Mcintosh be re-committed.

The committee, to whom was referred the letter of February last from Timothy Penny, brought in a report; Whereupon, Congress came to the following resolution:

Whereas Timothy Penny now an inhabitant of Massachusetts bay, but formerly of the island of Jamaica, where his estate lies, has represented the necessity he is under of sending a person to purchase a vessel in that island and load her with produce for the support of his numerous family; and whereas it appears, that the character and circumstances of the said T. Penny render such indulgence proper:

Resolved , That letters of safe conduct be granted Timothy Penny for any one vessel which may be purchased and loaded as above mentioned and sent to any port or place of the United States not in possession of the enemy, and for the 0174 672 person of Captain Joseph Deane who is to be employed by the said Penny on this business. 1

1 This report, in the writing of James Lovell, is in the Papers of the Continental Congress , No. 19, V, folio 75. A copy of the passport issued is to be found in No. 177, folio 1.

Congress proceeded to the consideration of the report of the Committee on the Treasury relative to finance, and particularly that part wherein they recommend,

That million of dollars, or such a part thereof as shall be brought into the continental loan offices, on or before the 1st of next, be borrowed on the faith of the United States of America, &c.

On the question,

Resolved , That the first blank be filled with the word “twenty,” and the second with the word “October.”

A motion was made by Mr. [John] Witherspoon, seconded by Mr. [Gouverneur] Morris, to strike out the word “offices,” in order to insert in lieu thereof the words “office where Congress shall sit;” and, on the question, shall the word offices stand? The yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell, ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, ay ay Huntington, ay New York, Mr. Jay, no Duane, ay div. Morris, no Floyd, ay New Jersey, Mr. Witherspoon, no * Pennsylvania, Mr. Armstrong, ay Shippen, no Atlee, ay ay Muhlenberg, no Wynkoop, ay M'Lene, ay 0175 673 Maryland, Mr. Plater, no Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay Griffin, ay ay Fleming, ay North Carolina, Mr. Penn, no Burke, ay ay Sharpe, ay South Carolina, Mr. Drayton, ay ay

So it was resolved in the affirmative.

Adjourned to 10 oClock to Morrow.

THURSDAY, JUNE 3, 1779

Mr. [Francis] Lewis, a delegate for New York, attended and took his seat in Congress.

A letter, of this day, from Robert Harris, was read, praying Congress to take into consideration his petition for leave under a safe conduct, or passport, to remove his property from the province of Nova Scotia into some port or place within these states not in the power of the enemy; Whereupon,

Ordered , That the letter and petition be referred to the Marine Committee, and that a safe conduct or passport be 0181 679 granted to the petitioner upon his complying with such orders and directions as the Marine Committee shall give on the subject.

A petition of Thomas Armor was read:

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

The committee to whom was referred the letter from Brigadier General Thompson and Colonel Webb, in behalf of themselves and sundry others, representing, that General Clinton had consented to their retiring into the country on parole, until such time as they shall be called for; and that he required in return that they should obtain permission for Generals Philips and Reidesel, with their aids de camp, and Captain Waterson of the 21st regiment, to go into New York on the same condition; and praying that Congress will be pleased to comply with the said proposal for their parole exchange, brought in a report; Whereupon,

Resolved , That the Commander in Chief be authorized to make such and so many parole exchanges as he shall, from time to time, judge beneficial or expedient. 1

1 This report, in the writing of Joseph Spencer, is in the Papers of the Continental Congress , No. 19, VI, folio 27.

The committee to whom was referred the memorial of M. de Francey, brought in a report, which was read:

Ordered , That Saturday next be assigned for taking the same into consideration.

Ordered , That the original invoices brought in with the report be delivered to M. de Francey, being vouchers to support the claims of M. de Beaumarchais against the United States.

According to order, Congress proceeded in the consideration of the report of the committee on the letters from A. Lee, Esq. and communications of the Minister Plenipotentiary of France, &c, and some time being spent thereon,

0182 680

Congress resumed the consideration of the report on the communications from the Minister of France; and a motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman, in the words following, to wit:

To obviate any disputes which may arise respecting the fisheries, it shall be stipulated in the treaty of peace, that the citizens of these states and the subjects of the king of Great Britain be allowed the free and peaceable use and exercise of their common right of fishing on the banks of Newfoundland, and other banks and coasts of North America, as fully and freely as they did or might have done during their political connexion.

Whereupon it was moved by Mr. [John] Witherspoon, seconded by Mr. [Henry] Laurens, to strike out the words, “and the subjects of the king of Great Britain.”

Question, Shall those words stand,

Passed in the negative.

A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Joseph] Spencer, to strike out the words, “as “fully and freely as they did or might have done during “their political connexion.”

Question, Shall these words stand,

Passed in the negative.

It was then moved by Mr. [John] Witherspoon, seconded by Mr. [Henry] Laurens, to strike out the words “and coasts.”

And on the question, Shall those words stand, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, ay ay Lovell ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Sherman, ay Huntington, no no Spencer, no 0183 681 New York, Mr. Jay, no Duane, no Morris, no no Floyd, no Lewis, no New Jersey, Mr. Witherspoon, no Scudder, no no Fell, no Pennsylvania, Mr. Armstrong, ay Shippen, ay Atlee, no Searle, no no Muhlenberg, no M'Lene, ay Wynkoop, no Maryland, Mr. Plater, no Carmichael, no no Henry, no Jenifer, no Virginia, Mr. Smith, ay Griffin, no no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative, and the words were struck out.

A motion was made by Mr. [William] Ellery, seconded by Mr. [John] Witherspoon, after “other banks,” to insert, “and in the seas;” which being amended to read “and seas”—

On the question, Shall the words “and seas” be inserted, the yeas and nays being required by Mr. [William] Ellery,

New Hampshire, Mr. Whipple, no no Massachusetts Bay, Mr. S. Adams, no Gerry, ay no Lovell, no Holten, no Rhode Island, Mr. Ellery, ay div. Collins, no Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, no New York, Mr. Jay, no Duane, no Morris, ay no Floyd, no Lewis, no 0184 682 New Jersey, Mr. Witherspoon, ay ay Scudder, ay Pennsylvania, Mr. Armstrong, no Shippen, no Searle, no no Muhlenberg, no M'Lene, no Wynkoop, no Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, no Carmichael, ay no Henry, no Jenifer, no Virginia, Mr. Smith, no Griffin, no no Fleming, no North Carolina, Mr. Penn, no Burke, no no Sharpe, no South Carolina, Mr. Laurens, no no Drayton, no

So it passed in the negative.

The motion being amended to read, “To obviate “any disputes which may arise respecting the fisheries, “it shall be stipulated in the treaty of peace, that the “citizens of these states shall be allowed the free and “peaceable use and exercise of their common right of “fishing on the banks of Newfoundland and other banks “of North America.”

When the house was ready for the question, the previous question was moved by Mr. [John] Witherspoon, seconded by Mr. [Nathaniel] Scudder.

And on the question to agree to the previous question, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Gerry, no no Lovell, no Holten, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Sherman, no Huntington, no no Spencer, no 0185 683 New York, Mr. Jay, ay Duane, ay Morris, ay ay Floyd, ay Lewis, no New Jersey, Mr. Witherspoon, ay ay Scudder, ay Pennsylvania, Mr. Armstrong, no Shippen, no Atlee, ay Searle, no no Muhlenberg, ay M'Lene, no Wynkoop, ay Delaware, Mr. Dickinson, ay ay Maryland, Mr. Plater, ay Carmichael, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, ay Griffin, ay ay Fleming, ay North Carolina, Mr. Penn, ay Burke, ay ay Sharpe, ay South Carolina, Mr. Laurens, no div. Drayton, ay

So it was resolved in the affirmative; and the main question was set aside. 1

1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs.

Adjourned to 10 oClock to Morrow.

FRIDAY, JUNE 4, 1779

A letter, of 2, from Mr. Garanger was read, enclosing sundry papers:

Ordered , That the same be referred to the Board of War.

A letter, of this day, from Brigadier L. McIntosh, was read: 2

2 Garanger's letter is in the Papers of the Continental Congress , No. 78, X, folio 145; that of Mcintosh, in No. 162, folio 293.

Whereupon, Congress taking into consideration a report of the Committee on the Treasury,

Ordered , That a warrant issue on the treasurer in favour of Brigadier General L. Mcintosh, for three thousand dollars, for which he is to be accountable; deducting thereout the 0186 684 necessary expences of his journey to join the detachment of the army serving in South Carolina and Georgia. 1

1 This report, dated June 1, is in the Papers of the Continental Congress , No. 136, III, folio 351. The issue of bills of credit formed part of the same report.

In passing the latter part, for deducting the expences of his journey, the yeas and nays being required by Mr. [Nathaniel] Scudder,

New Hampshire, Mr. Whipple, ay ay Massachusetts Bay, Mr. S. Adams, ay Lovell, ay ay Holten, no Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Sherman, ay Huntington, ay ay Spencer, ay New York, Mr. Jay, no Floyd, ay no Lewis, no New Jersey, Mr. Scudder, no * Pennsylvania, Mr. Armstrong, ay Searle, ay ay McLene, ay Maryland, Mr. Plater, no Paca, ay ay Henry, ay Jenifer, ay Virginia, Mr. Smith, no Griffin, ay ay Fleming, ay North Carolina, Mr. Penn, ay div. Sharpe, no South Carolina, Mr. Laurens, ay ay Drayton, ay

So it was resolved in the affirmative.

A representation and petition from sundry officers, late of Colonel Wigglesworth and Colonel Bigelow's regiments was read: 2

2 This paper, dated April 16, is in the Papers of the Continental Congress , No. 43, folio 255.

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

0187 685

A letter, of 3d, from John Baynton, deputy pay master general in the western district, was read, requesting leave to resign his office: 1

1 This letter is in the Papers of the Continental Congress , No. 78, III, folio 321.

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

A memorial from Captain James Quarles was read:

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

The commissary general having transmitted to Congress a letter from the deputy commissary general of issues at Providence, 2 and an application from Major General Sullivan for stores:

2 Solomon Southwick. This paper is in the Papers of the Continental Congress , No. 78, XXIV, folio 35.

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

The members chosen, Mr. [John] Armstrong, Mr. [Nathaniel] Scudder, and Mr. S[amuel] Adams.

The commissioners of accounts report,

That they have examined the accounts of David Deshler, one of the commissioners appointed by the executive council of the State of Pensylvania to purchase provisions for the use of the army of the United States, and find that he has purchased wheat, flour, cattle, &c. which, with a commission of 2 per cent for his trouble, amounts to 26,517 dollars and 39/90; that he has paid to John Arndt, a commissioner appointed with him and who is to be accountable, 928 36/90 dollars; that they find he has received from the executive council of the State of Pensylvania, the sum of 18,000 dollars, which leaves a ballance due to him and to be paid to his order, nine thousand four hundred and forty six dollars and 75/90ths.

That they have examined the accounts of David Jones, surgeon to the 4th Pensylvania regiment and find that there is due to him for his pay from the 1st of December, 1777, to the 1st of December, 1778, for the ballance of his rations from 11 0188 686 July, 1777, to 31 May, 1778, and for his subsistance, from 1 June to 30th November, 1778, the sum of one thousand one hundred and seventy eight dollars and 60/90ths. 1

1 This report, dated May 31, is in the Papers of the Continental Congress , No. 136, III, folio 349.

Ordered , That the said accounts be paid.

The Committee on the Treasury, report,

“That the Board having considered a letter from Ebenezer Hancock, deputy pay master general in the eastern department, dated May 20, requesting that a sum of money be remitted for the use of the military chest at Boston: that 1,200,000 dollars having been drawn out of the treasury for the use of the detachment of the army to the eastward, and ordered into the hands of Benjamin Stelle, an assistant to Mr. Hancock, in addition to 100,000 dollars which he is to receive of Nathaniel Appleton, Esq. commissioner of the continental loan office in the State of Massachusetts Bay; they are of opinion it is unnecessary to keep two distinct military chests for the service of one detachment;” Whereupon,

Resolved , That E. Hancock repair to the detachment of the army at Providence, and take the charge of the military chest there, and that the sums requisite for the service of Boston be supplied out of the said chest. 2

2 This report, dated June 1, is in the Papers of the Continental Congress , No. 136, III, folio 353.

Ordered , That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War, on their application, for one hundred and fifty thousand dollars, for the supply of contingent demands on their office; the said paymaster to be accountable.

That a warrant issue on the treasurer, in favour of Major General Greene, quarter master general, on the application of Charles Pettit, assistant quarter master general, for five millions of dollars, for the use of his department, for which the said quartermaster general is to be accountable.

0189 687

The Committee having considered a letter of the 28 th . current from the Board of War, agree to report:

That the Commissary General of Prisoners be authorized from time to time to pay to the order of Officers and Soldiers in Captivity June 7 agrd to be published any sums not exceeding the amount of their pay and subsistence, in order to enable them to assist their families; and that he make monthly returns to the Pay Master General of their accounts respectively.

The Board having considered a letter from Major Scull, of the 11 th . instant, referred to them by Congress, beg leave to report:

That the Secretary of the Board of War and Ordnance be hereafter allowed the same salary as is granted to a Commissioner of the Agreed 7 June Chamber of accounts.

The Committee beg leave further to report that the Pay of the Deputy Pay Master General to the army under the immediate postnd to 1st Octo Apptd June 7 command of General Washington be three hundred dollars p r month and one ration p r day, and That John Peirce Esquire be nominated to that office—

That the pay of the Deputy Pay Masters General in the other postnd to 1st Octo Departments be two hundred and fifty dollars p r month and one ration p r day

That Thomas Reed Esquire be nominated to the office of Deputy Apptd June 7, 1779 Pay Master General at Albany

That the Clerks to the several Deputy Pay Masters General be allowed one hundred dollars p r month and one ration p r day, and that when they are detached to different posts on duty they shall be allowed for travelling expences. 1

1 This report, dated May 31, is in the Papers of the Continental Congress , No. 136, III, folio, 345.

Resolved , That ten millions and one hundred dollars in bills of credit of the United States be emitted under the direction of the Board of Treasury and on the faith of the United States.

That the bills shall, excepting the numbers, be of the same tenor and date as the emissions directed on the 5 May last, and be numbered from the last number in each denomination progressively, and consist of the following denominations. viz.

0190 688

45,455 bills of 60 dollars each, 2,727,300

45,455 do. 50 2,272,750

45,455 do. 40 1,818,200

45,455 do. 30 1,363,650

45,455 do. 20 909,100

45,455 do. 8 363,640

45,455 do. 7 318,185

45,455 do. 5 227,275 $10, 000, 100 1

1 See note on p. 684, ante .

A motion being made by Mr. S[amuel] Adams, seconded by Mr. [William] Carmichael, to instruct the Board of Treasury to employ additional commissioners for settling the accounts of the quarter master, commissary and cloathier general:

Ordered , That the same be referred to the Board of Treasury. According to the order of the day, Congress proceeded to consider the report of the Committee on the Treasury relative to finance, and some time being spent thereon,

Adjourned to 10 oClock to Morrow.

SATURDAY, JUNE 5, 1779

A letter, of April 21, 1779, from John Allan, agent for Indian affairs, with sundry papers enclosed, was read:

Ordered , That it be referred to the Committee on Indian Affairs.

A letter of this day, from W. Palfrey, pay master general, was read; 2 Whereupon,

2 Allan's letter is in the Papers of the Continental Congress , No. 78, I, folio 225; that of Palfrey is in No. 165, folio 502.

Resolved , That the report of the Committee on the Treasury of March 17th, 1779, be re-considered.

The said report being read, Congress came to the following resolution:

0191 689

Whereas, by a receipt of William Palfrey, pay master general, dated the 1st July, 1777, and other evidence, it appears that Elias Boudinot supplied him with 2000 dollars in bills of credit intended to have been placed in the continental funds; that in consequence of a refusal of Joseph Borden, Esq. commissioner of the continental loan office in New Jersey, to issue certificates in part of a warrant drawn on him by the President of Congress in favour of William Palfrey, Esq. the matter has been suspended:

Resolved , That a warrant issue on the said Joseph Borden, Esq. in favour of the said Elias Boudinot, for 2000 dollars, in loan office certificates, bearing date the 1st July, 1777, in full for a like sum delivered by him to William Palfrey, Esq. pay master general, who is to be accountable.

Congress proceeded to consider another report from the Committee on the Treasury; Whereupon,

Resolved , That the consideration of the allowance to be made to William Palfrey, Esq. paymaster general of the army, for his past and future services, be postponed. 1

1 This report, endorsed June 2, is in the Papers of the Continental Congress , No. 136, III, folio 357.

Ordered , That a warrant issue on the treasurer, in favour of the said William Palfrey, for three thousand dollars, he to be accountable.

A letter, of this day, from John Morgan was read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 63, folio 125.

Resolved , That Saturday next be assigned for considering the report of the committee on the memorial of Doctor J. Morgan.

A letter from Augustin Loizeau was read, inclosing sundry certificates:

Ordered , That the same be referred to the Board of War.

0192 690

A letter, of May 24, 1779, from Captain Stoddard, was read, 1 requesting that Congress would please to order that a bill or draught should be drawn on the commissioner, or other proper person in France, to enable him to receive his wages during his furlough, which he has obtained for the recovery of his health.

1 This letter is in the Papers of the Continental Congress , No. 78, XX, folio 415.

On the question to agree to his request,

Passed in the negative.

According to the order of the day, Congress proceeded to the consideration of the report of the committee on the memorial of Mr. de Francey, which is as follows:

“The committee to whom Mr. de Francey's memorial was committed, report,

“That in obedience to the direction of Congress, they have conferred with Mr. de Francey:

“That he has delivered to the committee divers invoices of cargoes shipped in France by Mr. de Beaumarchais, viz. cargo by the Amphitrite , and interest to 31 March, 1779, 782,827 livres; Seine , 687,515; Mercure , 700,594; Amelie , 230,174; Therese , 985,317; Mere Bobie , 66,750; Marie Catharine , 148,075; Flamand , 545,416.—Also, a general account of disbursements by Mons. Carabasse, at Cape François, for purchasing Bermudian boats to take the cargoes of the Amelie and Therese , 115,000; demurrage paid Mr. Monthieu, on the Therese , Flamand , and Amphitrite , agreeable to contract with Mr. Beaumarchais, 141,400, and of sums advanced to Silas Deane, esq. and paid by his order, together with interest, 144,525, making 4,547,593 livres: equal to 198,957 [pounds] sterling, or thereabouts; on which no commission is yet charged, nor premium of insurance, if insurance was made. The articles of commission and insurance, as well as Mr. Beaumarchais's account in general, is committed for adjustment to the commissioners of these states at the court of Versailles.

0193 691

“In abatement of the abovementioned sum, Mr. de Francey admits about 300,000 livres, or 13,125£. sterling, and 115½ hogsheads of tobacco, exported in the Fier Roderique , the net proceeds of which remain unsettled. Mr. Francey also supposes there are further charges to be brought to the debit of the general account, and intimates that there may be some few errors in the invoices, but requests that the Commercial Committee may be directed to enter on their books the amount of the invoices as they now stand, remarking that errors may be hereafter redressed. Mr. Francey, in a letter to the committee, of the 24 May, 1779, writes—

Mr. de Beaumarchais's claims against Congress amount to about £200,000 sterling, not including the commission and other charges. As these are to be determined between the American commissioners and Mr. Beaumarchais, in France, it is not in my power to fix at this moment the exact amount of the debt, but I am very certain it will exceed £200,000: in order to discharge a part of it directly, I would propose to have bills drawn by Congress upon the plenipotentiary minister of the United States at Paris, to the order of Mr. Beaumarchais, payable at the end of three years, bearing an interest of six per cent. annually for the amount of one hundred thousand pounds sterling, in 50 bills of £2000 each. In the mean while I should wish that produce of this country should be purchased to load without delay some vessels which I expect daily, and by which I will receive all the papers that may be necessary to settle finally this transaction.

“From the several accounts abovementioned, all which the committee beg leave to lay before Congress, it appears that Mr. Beaumarchais has a just claim on these states for a large sum of money, but it is not in their power, with any degree of exactness, to ascertain the amount.

“They beg leave to recommend to Congress,

“1. To give the necessary directions for discovering what articles of merchandise, warlike stores, and other articles, have been received in these states from Mr. Beaumarchais, and Mr. Carabasse, and in what manner the Bermudian boats,