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LIBRARY OF CONGRESS

JOURNALS OF THE CONTINENTAL CONGRESS 1774–1789

EDITED FROM THE ORIGINAL RECORDS IN THE LIBRARY OF CONGRESS BY GAILLARD HUNT, CHIEF, DIVISION OF MANUSCRIPTS

Volume XXI. 1781

July 23–December 31

WASHINGTON GOVERNMENT PRINTING OFFICE

1912

0002 0003 777
MONDAY, JULY 23, 1781

Mr. Elias Boudinot, a delegate for the State of New Jersey, attended and produced the credentials of his appointment, which are in the words following:

State of New Jersey July 12 th 1781

The Council and Assembly in Joint Meeting at Princeton proceeded to the Election of two Delegates to Represent this State in Congress, in the room of William Patterson Esquire, who declined taking his Seat, and of William Burnett Esquire, whose Seat has become vacated, and the votes being taken the honorable Elias Boudinot and Jonathan Elmer Esquires were duly elected.

Resolved therefore

That the said Elias Boudinot and Jonathan Elmer Esquires be impowered in addition to the honorable John Witherspeon, Abraham Clark and William Churchill Houston Esq rs . to represent and vote in behalf of this State in the Congress of the United States of North America until the fifth day of November next, unless a new appointment shall sooner take place.

Jno. Stevens , Chairman . 1

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

A letter, of 16, from General Washington, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 152, X, folio 167.

The committee, ∥consisting of Mr. Sullivan, Mr. Cornell, Mr. Sharpe,∥ to whom was referred an extract of General Washington's letter of 28th June last, respecting the cloathing department, delivered in a report; Whereupon,

Resolved , That the said extract of General Washington's letter, together with a letter from the superintendant of finance to the committee on the subject, be referred to the Board of War; who are directed to confer with the superintendant of finance and the cloathier, and make the best contracts in their power for procuring cloathing for the army. 3

3 This report, in the writing of William Sharpe, is in the Papers of the Continental Congress , No. 19, VI, folio 347.

0004 778

A motion was then made by Mr. [James Mitchell] Varnum, seconded by Mr. [Roger] Sherman,

“That the amount of all cloathing furnished or to be furnished during the present campaign and for the next winter, by any of the states for their several troops, shall be credited to the states respectively, according to a just and equitable value, and shall be considered as so much advanced on account of such state's quota of taxes for the present year.”

On the question to agree to this motion, the yeas and nays being required by Mr. [Roger] Sherman,

New Hampshire, Mr. Sullivan, no div. Livermore, ay Massachusetts, Mr. Lovell, ay Partridge, ay ay Osgood, ay Rhode Island, Mr. Mowry, ay ay Varnum, ay Connecticut, Mr. Ellsworth, ay ay Sherman, ay New Jersey, Mr. Witherspoon, no no Boudinot, no Pennsylvania, Mr. Montgomery, no Clymer, no no T. Smith, no Delaware, Mr. McKean, no * Maryland, Mr. Carroll, no no Potts, no Virginia, Mr. Jones, no Madison, no Bland, no no M. Smith, no Randolph, ay North Carolina, Mr. Sharpe, no * South Carolina, Mr. Mathews, no Bee, no no Eveleigh, no Georgia, Mr. Walton, no no Howly, no

So it passed in the negative.

The committee, ∥consisting of Mr. Witherspoon, Mr. Carroll, Mr. Varnum, Mr. Sullivan, Mr. Mathews,∥ appointed to receive the communications of the honourable the minister of France, reported the substance of the said communications.

0005 779

The minister, from his despatches of the 9th of January, 1781, communicated to your committee the causes which delayed the measures which the Court of France proposed to take for the naval operations of this campaign, the length of the passage of Count d'Estaing to Brest, and other circumstances not necessary now to be recapitulated; and then told us that he was desired, in the mean while, to continue to assure Congress, that the interest which his Majesty takes in the American cause will essentially influence his measures for the present campaign.

The minister continued by observing, that the present situation of affairs between Great Britain and Holland presented a favourable opportunity for a union of the two republicks.

Your committee will not repeat the details of what has happened between the two powers of England and Holland; it is sufficient to observe, that Sweden and Denmark have adopted the plan of armed neutrality framed by the Empress of Russia. That the Dutch, upon invitation, had done the same; and the Court of London, irritated by this step, took hold of the pretence afforded by the papers found on Mr. Laurens, and published a manifesto on the 21st day of December, as well as a proclamation for expediting letters of marque. That this state of affairs, and the other consequences of this step, deserve the attention of Congress. That, if their High Mightinesses should join in this war, it would bring the two republicks to terms of more intimate union. That the opinion of the council of the king was, that Congress ought not to neglect to send to Holland a prudent and able man, with full powers. It would likewise be advantageous to give proper instructions to that minister; and as it may happen, in the course of the 0006 780 negotiations, that unforeseen incidents may present themselves, and as it is impossible at this distance to have quick information, it would be proper to have further instructions given by Dr. Franklin, in order to avoid all inconsistency or contradiction; and that the political operations of Congress, aiming towards the same end, may of course be more successful.

The minister communicated to your committee the contents of another despatch of the 19th of February last. After stating some facts relating to Mr. Laurens's capture and its consequences, which Congress is already acquainted with, the minister informed your committee that the Empress of Russia had on the 5th of January received the accession of the United Provinces to the association of neutral powers, and that there was great probability that her Imperial Majesty would support the Dutch against the tyranny of England; and that, in every supposition, Congress would do well to take such measures as to prepare without delay the means of uniting the interest of the two republicks by making proper advances to the States General. The minister added, that he was authorised by the king to offer Congress his interposition for this purpose.

The minister informed that, according to appearances, the Empress of Russia seemed to be well disposed to the independence of the United States; and that these dispositions give reason to think that the Empress will see with pleasure, that Congress has adopted her principles as to the neutrality; and that the Count de Vergennes has sent that resolution to the Marquis Verne, the minister of France at the Court of Russia: 1

1 This report was entered only in the manuscript Secret Journal, Foreign Affairs. It is in the Papers of the Continental Congress , No. 25, I, folio 227, and is in the writing of a clerk. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 600.

0007 781

Ordered , That it be referred to the said committee.

The committee of the week made report; Whereupon,

The Committee for the week report

That the Memorial of W m . Trent of the State of New Jersey, in behalf of himself and the other proprietors of a tract of land called Indiana, ought to be returned to him, he having desired the same for the purpose of expunging certain offensive expressions.

because insinuations against Congress of their delay and denial of justice or combination with the violators of law make not a necessary part of that firm language in which the redress of supposed injury may be sought and therefore offend against the deference due to the United States in Congress assembled, and

because the charge, adduced against the legislature of Virginia, acting upon oath “of an unexampled exertion of despotic and usurped power, and in manifest contravention to an express provision, contained in the declaration of rights of the state” ought not to be received inasmuch as it contributes nothing to the exposition of their claim, and criminates the sovereign power of the State with perjury

because it is unprecedented among the usages of nations and repugnant to the principles of the Confederation that a private citizen of one State, without the sanction thereof, should be considered as an adversary worthy to call another State into contest.

That the letter from the Superintendant of finance with the enclosure on the subject of rations for the use of the prisoners of war from Charlestown lately exchanged, ought to be referred to a special Committee.

That the letter of William Bingham on the subject of settlement and payment for goods furnished to the continent, ought to be referred to the Board of Treasury Committee appointed to settle his accounts. 1

1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 32, folio 195.

Ordered , That a letter, of 20, from the superintendant, of finance, with the paper inclosed, be referred to a committee of three: 2

2 The letter, of 20, is in the Papers of the Continental Congress , No. 137, I, folio 81.

The members, Mr. T[homas] Smith, Mr. [Daniel] Carroll, Mr. [Samuel] Livermore:

0008 782

Ordered , That a letter, of 20th, from W. Bingham, be referred to the Committee of Commerce.

The committee of the week was chosen:

Mr. [Elias] Boudinot, Mr. [Daniel] Mowry, Mr. [William] Sharpe.

Ordered , That the postscript to the letter, of 10th, from General Washington, be referred to a committee of three:

The members, Mr. [John] Mathews, Mr. [John] Sullivan, Mr. [James] Madison.

Congress resumed the consideration of the report on Mr. [Theodorick] Bland's motion; Whereupon,

Resolved , That the auditor general be, and he is hereby, authorised and directed forthwith to ascertain, in the best manner he can, the specie value, at the time the same were dated, of the several bills drawn by Major General Lincoln, and accepted by the Board of Treasury, in pursuance of the resolutions of Congress of the 23d day of March and 6 July, 1780; and that the superintendant of finance issue certificates for the amount thereof, with lawful interest from the respective dates; and also provide sufficient funds for the final redemption of the said certificates, and for the punctual payment of the interest thereof annually, in specie, in the mean time.

Resolved , That Commissioners [five suitable persons] be appointed and authorised to open a subscription for a loan of [thirty thousand] dollars, for the support of such of the citizens of the states of South Carolina and Georgia, as have been driven from their country and possessions by the enemy, the said states, respectively, by their delegates in Congress, pledging their faith for the re-payment of the sums [so lent,] with interest, [in proportion to the sums which shall be received by their respective citizens, as soon as the legislatures of the said states shall severally be in condition to make provision for so doing], and Congress hereby guaranteeing this obligation:

0009 783

That the said Commissioners [five persons] do also receive voluntary and free donations, to be applied to the support of such [further relief of the said sufferers as are willing to accept the same.

Ordered , That the President send a copy of the above resolution to the executives of the several states not in the power of the enemy, requesting them to promote the success of the said loan and donation within their respective bounds in such way as they shall think best. 1

1 The last three paragraphs, in the writing of George Clymer, except the portions in brackets which are in the writing of Thomas McKean, axe in the Papers of the Continental Congress , No. 20, II, folio 391.

A letter, of this day, from the Board of War, was read, enclosing a letter, of 12, from Otis & Henley at Boston:

Ordered , That the same be referred to the superintendant of finance.

A letter, of this day, from the superintendant of finance, was read; also,

A letter, of this day, from F. Hopkinson, treasurer of loans, was read, requesting leave to resign: 2

2 Morris's letter is in the Papers of the Continental Congress , No. 137, I, folio 89; Hopkinsoh's is in No. 78, XII, folio 171,

Ordered , That his resignation be accepted.

Resolved , That the office of treasurer of loans be, and the same is hereby abolished; and that the business thereof be annexed to the office of treasurer of the United States.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JULY 24, 1781

The committee of the week made report; Whereupon,

On motion of Mr. [John] Witherspeon, seconded by Mr T[homas] Smith, it was resolved as follows:

Whereas the superintendant of finance, upon entering on his office, has represented that it would be proper that the Board of Treasury should continue to exercise the powers 0010 784 entrusted to them, until such time as he shall have made his arrangements, and is prepared to take up the business:

Resolved , That until the business be regularly transferred over to the superintendent of finance, the Board of Treasury continue in the discharge of the duties heretofore entrusted to them.

Ordered , That a letter of John Pierce; 1

1 This letter, dated July 15, 1781, is in the Papers of the Continental Congress , No. 165, folio 637.

A memorial of the owners and drivers of different brigades of waggons employed in transporting stores to the southern army; and

A memorial of And w . Pepin, a supernumerary lieutenant, late of Colonel Livingston's regiment, be referred to the Board of War; 2

2 This memorial, dated July 19, 1781, is in the Papers of the Continental Congress , No. 41, VIII, folio 148.

That a letter of Colonel Hazen be referred to the Board of Treasury.

A memorial of William Trent and others was read. 3

3 This and the four preceding paragraphs were passed as recommended in the report of the Committee of the Week. The report is in the writing of William Sharpe and is in the Papers of the Continental Congress , No. 32, folio 197. Trent's memorial, dated July 20, 1781, is in No. 77, folio 226.

Ordered , The report of the committee on the cessions of western lands to the United States by Virginia and Connecticut, &c., and on the memorials of the Ilionois and Webache companies, be considered on Monday next.

A letter, of the 16th May, from E. Forman, one of the commissioners of the Board of Treasury, was called for and read; Whereupon,

Resolved , That the resignation of the said Ezekiel Forman be, and it is hereby accepted.

The committee to whom were referred the letters, of the 9th and 20th of June, from Major General Greene, delivered in a report.

0011 785

A report from the Board of War was read; Whereupon,

War Office July 24, 1781 .

Sir,

Robert Henry Surgeon of the 2 nd New Hampshire Regiment hath represented to the Board, that he was taken prisoner by the enemy (at the time Col. Greene was killed) and stripped of all his clothing. He hath since obtained his parole, for a limited time to procure some necessaries. He further represents that he hath received but two months' pay in twenty, that before he belonged to this regiment he was mate in the General Hospital, and there appears due to him by Doctor Bond's certificate for that service £101.5. specie, which sum there is no provision made to pay, and he further saith, that he is at this time destitute of cash. Upon considering the foregoing representation, the Board submit the following resolution:

Ordered , That the Board of War draw on the paymaster general in favour of Robert Henry, surgeon of the second New Hampshire regiment for one hundred and ninety-five dollars of the new emissions on account of his pay; 1 and

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 85.

War office July 24. 1781 .

Sir ,

Captain James Moore of the Delaware Battalion was ordered on command to forward the supplies for the recruits of that Regiment going to join the Southern Army His situation is so distressing as to induce the Board to recommend to Congress that three months' pay be advanced him and to request they will be pleased to direct, in favour of Captain James Moore of the Delaware regiment for one hundred and fifty dollars in like bills on account of his pay. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 81.

The report of the committee, ∥consisting of Mr. Varnum, Mr. Bland, Mr. Sullivan,∥ on the memorial of John Storey, was taken into consideration; and Thereupon,

The Committee to whom was referred the Memorial of M r Story beg leave to Report.

0012 786

That they find that the said Story was left at Camp by Gen l Green late Q. M. G to settle his unfinished business in that department with the Army, and that he continued transacting that business, and also acted as Pay Master to Col Pickering the present Q. M. G untill the 21 st of April last.

Therefore beg leave to submit the following resolution:

Resolved , That John Storey be entitled to the same pay and rations for his services, from the time of General Greene's resignation as quartermaster general, until the 21st day of April last, which he received or was entitled to receive when acting immediately under the said quartermaster general:

And whereas it appears to your Committee that it still remains Necessary that some Person should reside at Camp to transact the unfinished Business of the late Q. M. G.

Therefore, Resolved ,

That the said John Storey immediately repair to camp, and there carefully transact and settle the business belonging to the late quartermaster general's department, until the further order of Congress; and for this his service he shall be allowed, from the 21 day of April last, the pay and rations of a captain in the line of the army.

Your Committe beg farther to report,

Ordered , That Mr. Storey be informed that his claim to rank is inadmissible; and that his claim for depreciation will be settled by the general plan, when adopted for the staff of the army. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, V, folio 131.

Resolved , That Messrs. William Bingham, John Bayard, George Mead, Jacob Barge, and Dr. Hutchinson, be, and they are hereby, appointed and authorised to open a subscription for a loan, agreeably to the resolution passed yesterday.

0013 787

The report of the committee on the letter from the president of New Hampshire and the papers enclosed was taken into consideration, and after debate:

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JULY 25, 1781

Mr. Jonathan Elmer, a delegate for the State of New Jersey, attended.

A letter, of 21, from General Washington was read. 1

1 This letter is in the Papers of the Continental Congress , No. 152, X, folio 175. It is printed in The Writings of Washington (Ford), IX, 314.

A letter, of this day, from the superintendant of finance was read; Whereupon, 2

2 This letter is in the Papers of the Continental Congress , No. 137, I, folio 93.

Resolved , That the interest to be allowed on the certificates granted for the bills drawn by Major General Lincoln, be at the rate of six per cent. per annum.

Ordered , That the letter be referred to the committee appointed to prepare an ordinance for collecting the duty of five per cent. on imports and prizes:

Ordered , That Mr. [James] Madison be added to that committee.

The committee of the week made report; Whereupon,

The Committee of the week report.

That the Petition from Lieut. Duncan Campbell, as far as respects his request for Certificates in full of a Debt due to him for pay and depreciation be referred to the Board of War Treasury.

That the letter from W m . McKinnan be referred to the Board of War.

That the Letter from W m . Watters and other Prisoners on board the Jersey Prison Ship at New York be referred to a special committee to make the Board of War. 3

3 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 32, folio 199.

Ordered , That a petition of Lieutenant Duncan Campbell;

0014 788

A letter, of 11, from William Waters and others;

A letter, of 24, from William McKinnan; and

A memorial of Samuel Bryan and others be referred to the Board of War. 1

1 Campbell's petition, dated July 20, 1781, is in the Papers of the Continental Congress , No. 42, II, folio 114; McKinnan's letter is in No. 78, XVI, folio 223; Bryan's memorial is in No. 41, I, folio 359.

A report of the Board of Treasury was read; Whereupon,

Treasury Office July 25 th . 1781

The Board of Treasury beg leave to Report,

That on the application of Richard Phillips, Steward to the President of Congress, a warrant issue in his favor on Thomas Smith Commissioner of the Continental loan office for the State of Pennsylvania, for two thousand dollars new emissions to defray the expences of the President's household, and for which sum the said Steward is to be accountable.

Ordered , That on the application of John L. Clarkson, clerk to the Board of Treasury, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for three hundred and fifty dollars new emissions, to defray the contingent expences of the treasury office, and for which sum he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 415.

On motion of Mr. [Edmund] Randolph, seconded by Mr. [Theodorick] Bland:

Ordered , That a committee of three be appointed to revise the several reports now before Congress which have not been acted upon or finished, and report thereon:

The members, Mr. [Edmund] Randolph, Mr. T[homas] Smith, Mr. [Roger] Sherman.

A letter, of 24, from the Minister of France; and also a letter of the same date from him to the Board of Admiralty, were read, with sundry papers enclosed:

0015 789

Ordered , That the same be referred to the Committee of Commerce.

The committee, ∥consisting of Mr. Osgood, Mr. Potts, Mr. Livermore,∥ to whom was referred the memorial of Captain J. P. Jones, together with his account, delivered in a report; Whereupon,

Resolved , That the charges of the said J. P. Jones, as exhibited in his accounts, Nos. 1, 2, 3, 4, 5, 6, and 7, be allowed; and that the said report and accounts be referred to the Board of Treasury to take order.

The report of the committee, ∥consisting of Mr. Ellsworth, Mr. Mathews, Mr. Madison,∥ on the letters from Major General Greene was taken into consideration; Whereupon,

The committee to whom was referred the letters of Major General Greene of the 9 th and 20 th ultimo and the letter of Major General the Marquis de Lafayette of the

Resolved , That the Committee appointed to correspond be directed to President acquaint Major General Greene, that the measures he has pursued for the general security of the southern states, and for dispossessing the enemy of the several posts occupied by them, although not attended with complent success afford an additional such proofs of his judgment, vigilance, and firmness, as recommend him to the entire approbation of Congress; and that Congress are equally sensible of the zeal, gallantry, and perseverance displayed by the officers and soldiers under his command, in the various services in which they have been employed, and the difficulties with which they have contended.

Ordered , That the letter of Major General the Marquis de Lafayette so much of the letter of Major General Greene as relates to calling out militia be referred to the committee 0016 790 appointed to consider of the additional powers necessary to be given Congress. 1

1 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 19, II, folio 463.

Adjourned to 10 o'Clock to Morrow. 2

2 The following draft of a letter appears to have been submitted this day. It is in the Papers of the Continental Congress , No. 24, folio 369, and is indorsed: “Letter to the States from New Hampshire to New Jersey, July 25, 1781.” It is in the writing of James Mitchell Varnum:

Philadelphia July 1781 .

Sir .

The United States in Congress Assembled are so fully convinced of the necessity of the most vigorous operations against the posts of New York and its dependencies, that they are induced to urge in the most pressing manner, a prompt and decided compliance with the requisitions from his Excellency the Commander in Chief for men and supplies. We are sensible the demands must be extensive and a bill compliance with them appears difficult considering the great and repeated exertions of your State . But the objects of their operations are so important in themselves, and so intimately connected with the pleasing idea of establishing peace, and of avoiding the calamities of preceding campaigns, that we assure ourselves every obstacle will be surmounted and the same virtuous exertions struggles which have hitherto supported the war will speedily bring it to a glorious Period issue.

I have the honor of being, Sir, With great respect, Your very obedient and most humble servant.

T. M o .K. P.C.

His Excellency, The Governor of—

To this period, apparently, belongs the following motion, in the writing of John Mathews, undated, indorsed: “Motion of delegates from South Carolina That the Board of War forward to the State of South Carolina 3,000 stand of arms.” It is in No. 36, IV, folio 393.

Resolved , That the Board of War be directed to forward to the State of South Carolina with all convenient dispatch 3,000 stand of arms for the use of the militia of that State.

THURSDAY, JULY 26, 1781

Mr. N[icholas] Van Dyke, a delegate for the State of Delaware, attended.

A letter, of 21st, from Major General the Marquis de la Fayette, was read, with sundry papers enclosed. 3

3 This letter is in the Papers of the Continental Congress , No. 156, folio 180.

Ordered , That the report of the Board of War respecting Robert Elliot be referred to a committee of three:

0017 791

War Office July 17, 1781 .

Sir

The Board being ordered by Congress to state the case of Mr. Robert Elliot specially, beg leave to observe, that they have no other materials on which their report can be founded, than the Certificate of Captain James Willing, a copy whereof they have the Honor to enclose, and believe that Mr. Elliot's situation is properly stated therein, so far as his claim extends for pay, as an Officer employed in the Land Service. 1

1 This report is in the Papers of the Continental Congress , No. 19, II, folio 225.

The members, Mr. T[homas] Smith, Mr. [Nicholas] Van Dyke, Mr. [Richard] Howly.

On motion of Mr. [Daniel] Carroll, seconded by Mr. [Richard] Howly:

Ordered , That a committee of three be appointed to confer with the Commander in Chief, the Board of War and the superintendant of finance on the number and arrangement of the army for the ensuing year:

The members, Mr. [Daniel] Carroll, Mr. [Theodorick] Bland, Mr. [James Mitchell] Varnum.

The report of the committee on the letter, of 1 June, from the treasurer, was taken into consideration; after debate,

Ordered , That it be referred to the superintendant of finance.

Ordered , That the Board of Treasury report to Congress what states have complied with the resolutions of Congress of 18 March and 26 August, 1780, concerning the calling in the old continental money and the issuing the new.

A motion was made by Mr. [James Mitchell] Varnum respecting the commissary of purchases:

Resolved , That the office of Commissary General of Purchases and all appointments under him cease, and that the duties of that office be transferred to the Commissary General of Issues. 2

2 This motion, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 36, I, folio 211.

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

Adjourned to 10 o'Clock to Morrow.

0018 792
FRIDAY, JULY 27, 1781

A memorial from the hon ble . the Minister of France was read, accompanied with the plan of a convention for regulating the powers and duties of consuls and vice consuls.

MEMOIRE

Philadelphia , July 26, 1781 .

The twenty-ninth article of the treaty of amity and commerce, between his Most Christian Majesty and the United States, reserves to the two contracting powers “the liberty of having each in the ports of the other, consuls, vice consuls, agents and commissaries, whose functions shall be regulated by a particular agreement.” In consequence of this stipulation, the Court of Versailles has caused a draft to be made of a convention, relative to the establishment of consuls, which the undersigned minister plenipotentiary of France has the honour to communicate to Congress. It is the desire of his Majesty, that this draft should be examined by Congress; and those points marked which admit of no difficulty; and that the others should be submitted to the examination of delegates appointed by both parties, who may make such observations as they shall judge proper, and propose such alterations as they may think convenient. These objects will require discussion in repeated conferences; and the undersigned intreats that Congress would determine in what manner these conferences shall be held. The proposed convention requires the most mature consideration of both parties; while at the same time it is equally the interest of both, with all speed, to introduce consistency and uniformity into their respective commercial establishments; and the undersigned is of opinion that Congress will think it 0019 793 necessary to prosecute this business with all possible despatch.

(Signed) Le Chev. de la Luzerne . 1

1 This version is taken from the printed Secret Journal, Foreign Affairs; it is also printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 604. Another translation is in the Papers of the Continental Congress , No. 25, II, folio 17.

Projet de Convention entre le Roi Très Chértien, et les Etats Unis de l'Amérique Septentrionale, à l'effet de déterminer et fixer les fonctions et prérogatives des Consuls, Vice Consuls, et des Agens respectifs.

Le roi très chrétien, et les Etats Unis de l'Amérique Septentrionale, s'étant accordés, mutuellement, par l'article 29 du traité d'amitié et de commerce conclu entre eux, la faculté de tenir dans leurs états respectifs, des consuls, vice consuls, et des agens, et voulant en conséquence déterminer, et fixer d'une maniére réciproque et permanente les fonctions et prérogatives des dits consuls, vice consuls, et des agens respectifs, il a été convenu ce qui suit.

ARTICLE I

Les consuls, et vice consuls nommés par le roi très chrétien, et les Etats Unis, seront tenus de présenter leurs provisions à leur artivée dans leurs états respectifs. On leur délivrera, sans aucun frais, l'exequatur nécessaire à l'exercice de leurs fonctions et sur l'exhibition qu'ils feront du dit exequatur, les gouverneurs, présidens, commandans, chefs de justice, les corps des tribunaux ou autres officiers, ayant autorité dans les ports et lieux de leur consulats, les y feront jouit, aussitot, et sans difficulté, des pré-éminences, autorité et priviléges accordés réciproquement sans qu'ils puissent 0020 794 exiger des dits consuls, et vice consuls aucun droit sous aucun prétexte quelconque.

ARTICLE II

Les consuls respectifs auront la faculté d'établir des vice consuls dans les différens ports et lieux de leur département ou le besoin l'éxigera. On leur délivrera également l'exequatur nécessaire à l'exercice de leurs fonctions et sur l'exhibition qu'ils feront du dit exequatur ils seront admis et reconnus dans les termes et selon les pouvoirs, autorité et priviléges stipulés par les articles 1, 5, et 6, de la présente convention.

ARTICLE III

Les consuls et vice consuls respectifs ne pourront être pris que parmi les sujets naturels de la puissance qui les nommera. Tous seront appointés par leur souverain respectif, et ils ne pourront en conséquence faire aucun trafic ou commerce quelconque ni pour leur propre compte, ni pour le compte d'autrui.

ARTICLE IV

Les consuls respectifs pourront établir des agens dans les différens ports et lieux de leur département, où le besoin l'éxigera. Les agens pourront être choisis parrot les négocians nationaux ou étrangers et taunts de brevets de l'un des dits consuls; ils se renfermeront respectivement à rendre aux commerçans, navigateurs, et batimens respectifs, tous les services possibles et informer le consul ou vice consul le plus proche des besoins des dits commerçans, navigateurs et batimens, sans que les dits agens puissent autrement participer 0021 795 aux immunités, droits et privilèges attribués aux consuls et vice consuls par la présente convention.

ARTICLE V

Les consuls et vice consuls, les officiers du consulat, et généralement toutes les personnes attachées aux fonctions consulaires jouiront respectivement d'une pleine et entière immunité pour leurs personnes, leurs papiers, et leurs maisons. Ils seront exempts de tout service personnel et offices publics, logement de gens de guerre, milice, guet, garde, tutelle, curatelle, ainsi que de tous droits, taxes, impositions, charges quelconques, hors les biens fonds, dont ils seront propriètaires, les quels seront assujettis aux taxes imposées sur les biens de tous autres particuliers. Ils pourront faire placer sur la porte extérieure de leur maison les armes de leur souverain, sans cependant que cette marque distinctive puisse donner à la dire maison le droit d'azile pour aucun malfaiteur ou criminel de manière que Ie cas arrivant oû aucun malfaiteur ou criminel s'y refugierait il sera rendu sur le champ à la première réquisition et sans difficulté.

ARTICLE VI

Les consuls ou les vice consuls respectifs, dans les lieux ou il n'y aura pas de consuls pourront avoir dans leur maison une chapelle pour y célébrer le service divin, et le roi très chrétien ainsi que les Etats Unis, donneront des ordres précis et effectifs dans les ports et lieux de leur domination pour qu'il ne soit apporté aucun retard ni empêchement lors de la cérémonie, des obséques et funérailles des sujets de l'une des deux nations, qui seront décédés dans l'étendue des terres de l'autre.

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ARTICLE VII

Dans tous les cas généralement quelconques concernant la police ou l'administration de la justice, oû il sera nécessaire d'avoir une déclaration juridique des consuls et vice consuls respectiffs, le gouverneur, le commandant, le chef de la justice, les corps des tribunaux ou autres officiers quelconques de leur résidence respective y ayant autorité, seront tenus de les en prévenir en leur écrivant, ou en leur envoyant un officier militaire ou civil, pour leur faire connoître, soit l'objet que l'on se propose soit la nécessité dans la quelle on se trouve d'aller chez eux pour leur demander cette déclaration, et les dits consuls, ou vice consuls seront tenus de leur côté de se prêter loyalement à ce qu'on désirera d'eux dans ces occasions.

ARTICLE VIII

Les consuls, et vice consuls respectifs, pourront établir une chancellerie ou seront déposés les actes et les dé1iberations consulaires, tous les effets délaissés par défunts, ou sauvés des naufrages, ainsi que les testamens, obligations, contrats, et généralement tous les actes et procédures faits, entre leurs nationaux. Ils pourront en conséquence commettre à l'exercice de la dire chancellerie des personnes capables les recevoir; leur faire prêter serment, leur donner la garde du sçeau, et le droit de sceller les commissions, jugemens, et autres actes du consular, ainsi que d'y remplir les fonctions de notaires et greffiers.

ARTICLE IX.

Les consuls, et vice consuls respectifs auront le droit exclusif de recevoir dans leur chancellerie, ou abord 0023 797 des bâtimens, les dàclarations et tous les autres actes, que les capitaines, patrons, équipages passagers, et nàgotians, de leur nation, voudront y passer, même leur testamens et autres dispositions de derniere volonté, et les expèditions des dits actes duement légalisées par les dits consuls ou vice consuls et munis du sçeau de leur consulat feront foi, en justice, dans tous les tribunaux de France, et des Etats Unis. Ils auront aussi, et exclusivement, le droit de faire l'inventaire, la liquidation, et de procéder à la vente des effets mobiliers de la succcession des sujets de leur nation qui viendront mourir dans les états respectifs. Ils y procéderont avec l'assistance de deux négotians de leur dite nation, leur choix, et feront déposer dans leur chancellerie les effets, et papiers, des dites successions, sans qu'aucun des officiers militaires, de justice, ou de police, du pays puissent les y troubler, ni y intervenir de quelque manière que ce soit: Mais les dits consuls et vice consuls ne pourront faire la déivrance, des successions et de leur produit aux héritiers légitimes où à leurs mandataires, qu'après avoir fait acquitter toutes les dettes que les défunts auront pu avoir contractées dans le pays par jugement, par actes, ou par billets dont l'écriture et la signature seront reconnues et certifiées, par deux notables négotians de la nation des dits défunts, et dans tous autres cas le payement des dettes ne pourra être ordnné qu'en donnant, par le créancier, caution suffisante, et domiciliée de rendre les sommes induëment peréues, principal, interéts, et frais, lesquelles cautions cependant, demeureront duëment déchargées apràs une année en terns de paix, et deux en terns de guerre; si la demande en décharge ne peut êtré formée avant ces dé1ais contre les héritiers qui si présenteront.

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ARTICLE X

Les consuls et vice consuls respectifs, recevront les déclarations, et les consulats de tous capitaines et patrons de leur nation respective, pour raison d'avaries essuyées à la mer par des voyes d'eau ou jets de marchandise, même lorsqu'il y aura des négotians étrangers intéréssés dans la cargaison; ou ces capitaines et patrons remettront dans la chancellerie des dits consuls et vice consuls les consulats qu'ils auront faits dans autres ports pour les accidens, qui leur seront arrives pendant leur voyage; et dans les deux cas, les dits consuls et vice consuls respectifs, régleront l'avarie sans délai par des experts, de leur nation qu'ils nommeront d'office; et par des experts d'une partie de leur nation et l'autre d'étrangers dans le cas ou un étranger sera interessé dans la cargaison.

ARTICLE XI

Dans le cas ou par tempête, ou autre accident, des vaisseaux ou batimens François échöueront sur les côtes des Etats Unis, et des vaisseaux ou batimens des Etats Unis echöueront sur les côtes de France, le consul ou le vice consul le plus proche du lieu de naufrage pourra faire tout ce qu'il jugera conyenable tant pour sauver le dit vaisseau ou batiment, son chargement et appartenances, que pour le magazinage et la sureté des effets sauvés et marchandises: Il pourra en faire l'inventaire sans qu'aucun officiers militaires, des douanes, de la justice, ou de la police du pays puissent s'y immiscer autrement que pour faciliter aux consuls, et vice consuls, capitaine et équipage du vaisseau naufragé, ou échoué, tous les secours et faveurs qu'ils leur demanderont, soit pour la célérité et la sureté du sauvetage, et des effets sauvés, soit pour éviter les désordres qui 0025 799 n'accompagnent que trop souvent ces accidents. Pour prévenir même toute espàce de conflit et de discussion dans les dits cas de naufrage, il a été convenu, que lors qu'il ne se trouvera pas de consul ou de vice consul pour fairs travailler au sauvetage, ou que la résidence du dit consul ou vice consul qui ne se trouvera pas sur le lieu du naufrage, sera plus éloignée du dit lieu que celle du juge territorial compétent, ce dernier y fera procéder sur le champ avec toute célérité, la sureté et les précautions prescrites par les loix respectives, sauf au dit juge territorial à se retirer; le consul ou vice consul survenant, et à lui remettre les procédures par lui faites, dont le consul ou vice consul lui fera rembourser les frais. Les marchandises sauvées devront étre déposées à la douane la plus prochaine avec l'inventaire qui en aura été dressé par le consul ou vice consul, ou en leur absence par le juge qui en aura connu; pour, les dites marchandises, être ensuite délivrées, aprés le pré1evement des frais et sans forme de procès aux proprietaires, qui munis de la main levée du consul ou vice consul le plus prochain les réclameront par eux mêmes ou par leur mandataires; soit pour reporter les marchandises, et dans ce cas elles ne payeront aucune espàce de droit de sortie; soit pour les vendre dans le pays, si elles n'y sont pas prohibées, et dans ce cas, les dites marchandises se trouvant avariées on leur accordera une modération sur les droits d'entrée proportionée au domage souffert, lequel sera constaté par le procè verbal dressé lors du naufrage et de l'échouement.

ARTICLE XII

Les consuls et vice consuls du roi très chrétien, ètablis dans les Etats Unis, et les consuls et vice consuls des Etats Unis ètablis en France, y exerceront la police sur 0026 800 tous les batimens de leurs nations respectives et auront abord des dits batimens tout pouvoir et jurisdiction dans toutes les discussions qui pourront y survenir. Ils auront une entiàre inspection sur les dits batimens, leurs équipages, les changemens, et les remplacemens à y faire, ainsi que pour tout ce qui concernera leur navigation, et l'observation de leurs loix, ordonnances, réglemens respectifs. Ils pourfont se transporter abord des batimens de leur nation arrivant dans les ports, havres ou fades respectifs, et ce aussi souvent qu'ils le jugeront apropos pour l'acquit de leur charge sans qu'aucun officiers des douanes, de police, ou autres puissent les en empêcher. Ils pourront faire arrêter tout batiment portant le pavillon de leur nation respective, le faire séquestrer, et même, le renvoyer respectivement de France dans les Etats Unis et des Etats Unis en France, et faire arrêter sans difficulté tout capitaine patron, matelot ou passager de leur dire nation respective. Ils pourront réclamer les matelots, déserteurs, et les vagabonds de leur nation respective, les faire arrêter et détenir dans le pays ou les renvoyer et faire transporter hors du pays. Il suffira que les consuls ou vice consuls respectifs, puissent justifier que ces matelots, déserteurs et vagabonds de telle nation qu'ils puissent être d'ailleurs, sont inscrits, sur leur registre ou portés sur le rôle de l'équipage, et l'une ou l'autre de ces deux pièces étant suffisantes pour fonder la validité de la réclamation, de la détention, et de la déportation des dits matelots, déserteurs, et vagabonds, aucun d'iceux, François ou Américain ne pourra dans les pays respectifs par lui même ou par autrui réclamer les loix ou l'autorité locale, interdisant sur ce toute connoissance à tous tribunaux, juges et officiers quelconques. Dans tous ces cas, les dits matelots, déserteurs et vagabonds seront 0027 801 remis aux réclamants, quelques soient leurs engagements, et ils ne pourront devenir engagés, retenus ou soustraits en aucune maniàre quelconque et par qui ce soit, nationaux ou étrangers à la perquisition que les dits consuls ou vice consuls, en feront faire par personnes autorisées par eux et chargées d'une réquisition signée d'eux; et pour l'éxécution de toutes les dispositions ce dessus les gouverneurs, commandans, chefs de la justice, les corps des tribunaux ou autres officiers des pays respectifs y ayant autorité, seront tenus et obliges de préter main forte aux consuls et vice consuls respectifs et sur une simple réquisition signée d'eux sauf à faire arrêter, détenir et garder dans les prisons à la disposition et aux frais des dits consuls et vice consuls, les matelots, déserteurs, et les vagabonds réclames jusqu' à ce qu'ils ayent occasion de les faire embarquer et sortir du pays. Et si les dits matelots, déserteurs, et vagabonds dans la vue d'éluder leur renvoi alliguaient qu'ils veulent retourner à leur patrie pour devenir sujets de S. M. T. C. ou des Etats Unis, respectivement, on n'aura aucun égard à cette assertion.

ARTICLE XIII

Dans les cas ou les sujets respectifs auront commis quelque crime contre quelqu'un des habitans du pays, qui mérite punition exemplair, ils seront justiciables des juges du pays.

ARTICLE XIV

Les consuls et vice consuls du roi T. C. ètablis dans les Etats Unis, et les consuls et vice consuls des Etats Unis ètablis en France, y connoîtront, à l'exclusion des tribunaux du pays, de tous les différens et procès, qui pourront naître à terre entre les capitaines, patrons, 0028 802 équipages, passagers et commçerans de leur nation respective. Ils les accorderont amiablement ou les jugeront sommairement, et sans frais, pour l'appel de leur jugemens être porté respectivement aux tribunaux de France et des Etats Unis, qui jugent en dernier ressort, et qui devront en connoître. Ils exerceront ces fonctions de justice, priveé, ou de police nécessaire sans qu'aucun des officiers militaires, de justice ou de police du pays, puissent s'y immiscer et y intervenir en aucune manière. Dans tous les cas ou il surviendra aussi entre les négotians François demeurant en France, et leur compatriotes établis ous la protection du roi très chrérien dans les Etats Unis, des différens procès pour raison de leur commerce, ainsi qu'il en surviendra de même entre les négotians Américains domiciliés dans les Etats Unis, et leurs compatriotes établés sous la protection des Etas Unis dans le royuame de France, pareillement pour raison de leur commerce, les dits différens et procès seront insfruits et jugés, sommairement et sans frais, entre eux, chacun par le consul ou vice consul de leur nation respective et les appels du jugement portés aux tribunaux respectifs qui jugent en dernier ressort, soit en France, soit dans les Etats Unis. A l'égard des autres différens et procès, qui pourront naître entre les sujets du roi T. C. et ceux des Etats Unis, dans les etats respectifs, soit comme demandeurs, soit comme défendeurs, les uns envers les autres tant a l'occasion des fournitures, marchès, trafic, qu'ils feront ensembles, et des soldes qui en résulteront, que des lettres de change, assurances, avaries, faillities et de toutes autres causes civiles, et criminelles, relatives au commerce, ils seront portés dans le pays devant les tribunaux que devront en connoître en première instance et par appel, sans que sous aucune prétexte les consuls et vice consuls respectifs putssent s'y immiscer en aucune manière.

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ARTICLE XV

L'utilité générale du commerce ayant fait établir en France des tribunaux et des formes particulières pour accélérer la décision des affaires de commerce, les négotians Américains jouiront du bénéfice de ces établissemens en France, et les Etats Unis procureront des avantages équivalents et coincidents avec ces tribunaux et ces formes en faveur des négotians François dans les affaires de même nature.

ARTICLE XVI

Les sujets du roi très chrétien, et ceux des Etats Unis, qui justifieront être du corps de la nation respective, le certificat du consul ou vice consul du district faisant mention de leurs noms, surnoms, et du lieu de leur établissement comme inscrits dans les registres du consulat, ne pourront perdre pour telle cause que ce soit dans les domaines et états respectifs, la qualité de sujets du pays dont ils sont originaires, conformement à l'article 11 du traité d'amitié et de commerce du 6 Fevrier 1778, dont les présent article servira d'interprétation en cas de besoin; et les dits sujets respectifs jouiront, en conséquence, de l'exemption de tous services personnels dans le lieu de leur établissement, et en outre, ils ne pourront y être assujettis à aucune taxe relative à l'industrie.

ARTICLE XVII

Toutes les stipulations ci dessus fondées sur une exacte réciprocité, serviront dorénavant de regles, fixes, et invariables pour tous les objets, sur lesquels elles portent; mais si quelque autre nation conserve ou acquiert à tel titre que ce soit, ou en vertu d'une convention quelconque, un traitement plus favorable soit en 0030 804 France, soit dans les Etats Unis, relativement aux consuls, vice consuls et agens, et à leur pré-éminences, pouvoirs, autorité et priviléges, les consuls, vice consuls et agens du roi très chrétien dans les Etats Unis, et les consuls, vice consuls et agens des Etats Unis en Frances y participeront aux termes stipulés par l'article 11 du dit traité d'amitié et de commerce conclu entre le roi très chrétien et les Etats Unis.

ARTICLE XVIII

Les ratifications de la présente convention, seront données en bonne forme et échangées de part et d'autre dans l'espace de six mois, ou plutôt si faire se peut.

En roy de quoi, &c.

Conforme à l'original resté par devers nous.

Le Chevalier de la Luzerne .

A Philadelphie le 24 Juillet, 1781. 1

1 This memorial and plan of convention were entered only in the manuscript Secret Journal, Foreign Affairs. The following translation, in Charles Thomson's hand, was the paper considered by Congress. It is in the Papers of the Continental Congress , No. 25, II, folio 21.

[Translation]

A Plan of a Convention

Between the Most Christian King and the United States of North America, for the purpose of determining and fixing the functions and prerogatives of their respective Consuls, Vice Consuls and Agents.

The Most Christian King and the thirteen United States of North America, having mutually granted to each other by the 29 article of the Treaty of Amity and Commerce concluded between them the power of keeping in their respective States Consuls, Vice Consuls and agents, and being willing in consequence thereof to determine and fix in a lasting manner, and on terms of equality the functions and prerogatives of the said Consuls, Vice Consuls and Agents, have agreed as follows:

ARTICLE 1

The Consuls and Vice Consuls named by the Most Christian King and the United States, shall be obliged to present their appointments on their arrival in the respective States, and there shall be delivered to them the exequatur necessary for the exercise of their functions, and upon the exhibition which they shall make of that exequatur , the Governors, Presidents, Commandants, Chief Judges, Magistrates of the place tribunals and other officers exercising authority in the ports and places of their Consulships shall cause them to enjoy there immediately and without difficulty the preéminences authority and privileges mutually granted, without exacting from the said Consuls and Vice Consuls any duty or emoluments, under any pretext whatsoever.

2

The Respective Consuls shall have power to establish Vice Consuls in the different Ports and places within their departments, where necessary: There shall in like manner be delivered to them the exequator necessary for the exercise of their functions, and upon the exhibition which they shall make of the said exequatur, they shall be admitted and recognized in the terms and according to the Powers, authority and privileges stipulated by the 1, 5, and 6 articles of this present Convention.

3

The respective Consuls and Vice Consuls shall only be taken from among the natural born subjects of the power nominating them. They shall all be appointed by their respective Sovereign, and in Consequence of such appointment they shall not exercise any traffic or commerce whatsoever either on their own account, or on account of any other

4

The respective Consuls shall have power to establish agents in the different Ports and places within their department where necessary. These agents may be chosen from among the Merchants of their nation or strangers, and shall be furnished with a Commission from one of the said Consuls, and shall respectively Be authorized to render to their respective merchants seamen and vessels all possible service, and to inform the nearest Consul or Vice Consul of the wants of the said merchants, seamen and vessels; but the said agents shall not in any respect participate in the immunities, rights and privileges granted to Consuls and Vice Consuls by the present Convention. Nor shall they exact any duty by virtue of their appointment under any pretence whatsoever.

5

The Consuls and Vice Consuls the officers of the consulship and generally all persons attached to the Consular functions shall respectively enjoy a full and entire immunity for their persons papers and houses. They shall be exempted from all personal service, and public offices, from finding quarters for soldiers, from militia duties, from watch, ward, guardianship curatelle, and from all duties, taxes, imposts and charges whatsoever, save on real estates which they shall own, which shall be subject to the Taxes imposed on the estates of all other individuals. They shall be at liberty to fix upon the outer door of their house the arms of their Sovereign, provided always that this mark of distinction, shall not give to the said house the right of asylum to any malefactor or criminal, who shall take refuge there; but he shall be immediately delivered up on the first requisition and without any difficulty.

6

The Most Christian King and also the United States, shall give precise and effectual orders in the ports and places within their jurisdiction, that no let or hindrance be given to the funeral rites and obsequies of any subject of the one or the other nation, who shall die within the territories of the other.

7

In all cases, generally whatever respecting the police and administration of justice, where it shall be necessary to have a judicial declaration of the said Consuls and Vice Consuls respectively, the Governor, President, Commandant, Chief Judges Magistrates of the place, tribunals or other officers whatever at their respective residence or Consulate having authority there shall be bound to give them notice thereof in writing r by sending to them a civil or military officer to inform them of the object in view and the necessity there is of going to them, and demanding from them that declaration, and the said Consuls and Vice Consuls, shall be bound on their part, readily and bona fide to do what shall be required of them on those occasions.

8

The respective Consuls and Vice Consuls shall have power to establish a Chancery, for depositing the Consular acts and deliberations, the effects left by persons deceased or saved from shipwreck, also the testaments, obligations, contracts, and in general all the acts and proceedings made and done by or between people of their nation. They shall of consequence have power to appoint capable persons to manage that Chancery, to admit them into office, to administer an oath to them, to give them the keeping of the Seal, and the right of sealing the Commissions, judgements and other acts of consulship and also to execute the office of Notaries and scribes.

9

The respective Consuls and Vice Consuls shall have the exclusive right of receiving in their Chancery or on board of vessels the declarations and all other acts, which the captains, masters, seamen, passengers and merchants of their nation shall be willing to give there, and their testament and other dispositions of a last will, and the copies of the said acts duly authenticated by the said Consuls or Vice Consuls, and under the seal of their Consulship shall be admitted in all Courts of Justice in France and the United States. They shall also have the exclusive right of making inventories and liquidating accounts and of proceeding to the sale of the personal effects left by the subjects of their nation who shall happen to die in the respective States. They shall proceed therein, with the assistance of two merchants of their said nation whom they shall choose and shall cause to be deposited in their Chancery the effects and papers of the said successions, nor shall any officer civil or military, of justice, or of the police of the Country be allowed to give them any interruption or disturbance whatever. But the said Consuls and Vice Consuls, shall not be at liberty to deliver up the property or the produce thereof, to the lawful heirs or their attorneys, until they have caused to be discharged all the debts which the deceased may have contracted in the Country by judgment by acts or by bills, the writing and signature of which shall be proved and certified by two noted merchants of the nation of the said deceased, and in all other cases the payment of debts shall not be ordained, but upon the creditors giving sufficient security by a Bondsman resident there, to return the sums unduly received, both principal interest and costs, which securities however shall be duly discharged after one year in time of peace, and after two years in time of war, if a demand in discharge cannot before that time be made against the heirs who shall appear.

10

The respective Consuls and Vice Consuls shall receive the declarations and protests of all Captains and Masters of their respective nations on account of damages at sea by leakage or throwing goods overboard, even though Foreign Merchants are interested in the Cargo; or the Captains and masters shall lodge in the Chancery of the said Consuls and Vice Consuls the protests, which they shall make in other Ports on account of the accidents that have happened to them during their voyage; and in both cases the said Consuls and Vice Consuls respectively shall settle the damage without delay by experienced persons of their nation whom they shall name ex officio and by experienced persons equally of each nation, where a stranger is interested in the cargo.

11

In case either by tempest or other accident, the ships or vessels of France shall be wrecked on the Coast of the United States, or the ships or vessels of the United States shall be wrecked on the Coast of France, the Consul or Vice Consul nearest to the place of shipwreck, shall have power to do whatever he shall judge proper, as well for saving the ship or vessel, her cargo and appurtenances as for storing and securing the effects and merchandize saved. tie shall have power to take an inventory of them, nor shall any military officers nor officers of the Customs, or naval officers nor officers of Justice or of the police of the Country be allowed to interfere farther than by affording to the Consuls and Vice Consuls, the Captain and Crew of the vessel wrecked or stranded all the assistance and favour required of them either for the speedily saving and securing the effects, or for preventing the disorders, which too frequently accompany such accidents, to prevent all Interference of jurisdictions in case of shipwrecks, it is agreed that where there is no Consul or Vice Consul to assist in saving the wreck, or where the residence of the said Consul or Vice Consul not being at the place shall be farther distant than that of a competent territorial judge, this latter shall immediately promote with all expedition, the saving the wreck and the measures prescribed by their respective laws, provided always, that the Territorial Judge shall retire upon the coming of the Consul or Vice Consul, to whom he shall transfer the whole and commit the farther prosecution of the measures by him taken and the Consul or Vice Consul shall reimburse him the expences incurred. The merchandize saved shall be deposited in the nearest custom house or other nearest place of security, if there shall be no custom house, with an inventory made out by the Consul or Vice Consul, or in their absence by the judge who shall have had cognizance thereof, in order that the said merchandizes may after payment of the expence be afterwards delivered without any formal process to the owners, who being furnished with a release from the nearest Consul or Vice Consul shall reclaim them in person or by attorney, either for the purpose of reexporting the merchandizes, in which case they shall not pay any kind of duties on exportation, or for the purpose of selling them in the country, if they are not there prohibited, and in this case the said merchandize being damaged an abatement shall be made on the import duties proportioned to the damage suffered, which shall be determined by the verbal process stated at the time of the wreck or stranding.

12

The Consuls and Vice Consuls of the Most Christian King established in the United States, and the Consuls and Vice Consuls of the United States in France, shall there exercise the police over all the vessels of their respective nations, and shall have on board the said vessels all power and jurisdiction in all discussions which can arise there. They shall have the entire inspection over the said vessels, their crews, the changes and the recompenses for making them, and also for whatever shall concern their navigation, and the observance of their respective laws ordinances and regulations.

They shall be at liberty to go on board the vessels of their nation arriving in the respective ports havens and roads, and that as often as they shall judge necessary for the performance of their office, nor shall any officers of the customs, or of the police or any other persons whatever prevent them.

They shall be at liberty to arrest and sequester all the vessels carrying the flag of their respective nation, and even to send them back respectively from France to the United States, and from the United States to France, and to arrest without any difficulty every captain master, seaman or passenger of their respective nation.

They shall be at liberty to reclaim sailors, deserters and the vagabonds of their respective nation, and to arrest and detain them in the country or to send them away and cause them to be transported out of the country: It shall be sufficient that the Consuls or Vice Consuls respectively can prove that the sailors, deserters and vagabonds, of what nation soever they be are inserted in the registers, or entered on the roll of the crew, and the one or other of these two pieces being sufficient to establish the validity of the claim and detention and of the transportation of the said seamen, deserters and vagabonds, none of them whether French or American shall in the respective countries either by himself or others, be at liberty to claim the benefit of the laws or authority of the country, all tribunals, judges and officers whatsoever being interdicted from all cognizance thereof. In all these cases, the said seamen, deserters and vagabonds shall be delivered to the reclaimers, whatever may be their engagements, and they shall not be engaged, detained or withdrawn in any manner, or by any person whatever, whether natives or foreigners, upon the requisition which the said Consuls or Vice Consuls shall cause to be made by persons authorised by them and entrusted with the requisition signed by them.

And for the execution of all the regulations above-mentioned, the governors, commandants, chief judges, magistrates of the place, tribunals, and other officers of the respective countries having authority there, shall be held and bound to assist the respective Consuls and Vice Consuls, and upon a simple requisition signed by them, saving the power of arresting, to detain and keep in prison, at the disposal and cost of the said Consuls and Vice Consuls, the sailors, deserters and vagabonds reclaimed, until they shall have an opportunity of putting them on board and sending them out of the country.

13

In case the subjects respectively shall commit any crime against any inhabitants of the country which deserves exemplary punishment, they shall be tried by the judges of the country.

14

The Consuls and Vice Consuls of the Most Christian King established in the United States, and the Consuls and Vice Consuls of the United States established in France shall to the exclusion of the tribunals of the country have cognizance there of all differences and processes which shall arise on land between the captains, masters, crews, passengers and traders of their respective nations. They shall settle them in an amicable manner, or decide them summarily and without costs, and the appeal from their judgments shall be carried respectively to the tribunals of France and the United States, that judge in the last resort and that ought to have cognizance thereof. They shall exercise these offices of private justice and of necessary police, nor shall any military officer, nor any officer of justice or of police in the country intermeddle or interpose in any manner whatever.

In case any differences or suits on account of their commerce shall happen either between French merchants living in France and their countrymen settled under the protection of the most Christian King in the United States, or between the American merchants dwelling in the United States and their countrymen settled under the protection of the United States in the Kingdom of France, the said differences and suits shall be brought to trial and decided between them in a summary way and without expence by the Consul or Vice Consul of their respective nation, and the appeals from their judgment shall be to the respective tribunals which judge in the last resort, whether in France or in the United States.

With respect to all other differences and suits that may arise between the subjects of the Most Christian King and those of the United States in the respective countries either as plaintiffs or defendents one against another, as well on account of bargains and traffic one with another and the payments to be made in consequence thereof, as for bills of exchange, insurances, damages at sea, bankruptcies, and all other causes civil and criminal relative to commerce, they shall be prosecuted in the country before the tribunals which ought to take cognizance thereof in the first instance and by appeal nor shall the respective Consuls and Vice Consuls under any pretence intermeddle therein in any manner.

15

The general advantage of commerce having given occasion to establish in France certain tribunals and particular forms for the speedy determination of commercial matters, the American merchants shall enjoy the benefits of those establishments in France and the United States shall procure equal advantages coinciding with the tribunals and forms in favor of the French merchants in matters of the same nature.

16

The subjects of the Most Christian King and those of the United States, who shall prove that they are under the laws of their respective nation, the certificate of the Consul or Vice Consul of the district mentioning their names surnames and place of abode as inserted in the registers of the Consulship, shall not for any cause whatever lose in the respective dominions and States, the quality of subjects of the country to which they originally belong, conformably to the 11 article of the treaty of amity and commerce of the 6 Feby. 1778, of which this present article shall serve for an interpretation if occasion require, and the said subjects respectively shall consequently enjoy an exemption from all personal services in the place of their residence and moreover they shall not be subject to any tax relative to labour.

17

All the stipulations abovementioned being founded on an exact reciprocity shall henceforth serve for regulating fixing and rendering invariable all the objects to which they relate. But if any other Nation enjoys, or acquires under any title or in virtue of any convention whatever a more favorable treatment either in France or in the United States with regard to Consuls, Vice Consuls and agents, and their preëminences powers authority and privileges, the Consuls, Vice Consuls and agents of the most Christian King in the United States, and the Consuls, Vice Consuls and agents of the United States in France shall participate therein, agreeably to the terms of the 11 article of the said treaty of amity and commerce, concluded between the Most Christian King and the United States.

18

The ratifications of this present convention shall be delivered in good form and exchanged by one party and by the other in the space of 6 months or sooner if possible In testimony whereof &c. agreeable to the original remaining with us.

Philadelphia the 24 th July. 1781.

(Signed) Le Chev. de la Luzerne .

0031 805

A report of the Board of War on the memorial of the owners and drivers of different brigades of waggons was read:

0032 806

Ordered , That the same be referred to the superintendant of finance.

0033 807

The committee to whom was referred the letter, of 20, from the superintendant of finance; and

0034 808

The Committee to whom was referred the letter from the Superintendant [of] Finance of the 20 th . instant respecting the supplying the S. Carolina and Georgia Prisoners lately exchanged and their families with rations &c. beg leave to Report the following resolutions Viz.

0035 809

That the Superintendant of Finance contract for supplying such of the said late Prisoners and their families with rations as shall obtain a certificate from some person to be appointed by the Delegates of the said two States—and that the Commissioners who were 0036 810 appointed on the 24 th instant to collect a loan and donation for the relief of the said sufferers, do out of the first monies which shall come into their hands for the purpose aforesaid pay into the hands of the said Superintendant of Finance so much of the said money as will from time to time enable him to discharge the said contract. 1

1 This report, in the writing of Samuel Livermore, is in the Papers of the Continental Congress , No. 19, IV, folio 329. It was ordered to be filed September 29, as the indorsement shows.

The committee appointed “to confer with the superintendant of finance on the means proper to be adopted for the 0037 811 purpose of defraying the expences of the delegates of such of the states as from the events of the war may be unable to provide for their support during their attendance in Congress; also on the means for paying the salaries due to the civil officers and the clerks of the boards and offices immediately under Congress”, delivered in their reports.

The report of the committee on the letter and papers from the president of New Hampshire was taken into consideration; and after debate,

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JULY 28, 1781

Ordered , That the memorial from the hon ble . the Minister plenipotentiary of France, and the plan of a convention for regulating the powers and privileges of consuls, vice consuls and agents, be referred to a committee of three:

The members, Mr. [Edmund] Randolph, Mr. [Nicholas] Van Dyke, Mr. [Oliver] Ellsworth. 1

1 These two paragraphs were also entered in the manuscript Secret Journal, Foreign Affairs.

A report of the committee of the week was read; Whereupon,

Ordered , That a memorial of James Wharton, with the papers attending it, be referred to the Board of Treasury, and that they confer with the superintendant of finance on the subject thereof;

That the petition of Captain Von Heer be referred to the Board of War

That a letter, of 27, from E. Smith, be referred to the Board of Treasury. 2

2 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 32, folios 201 and 203. Smith's letter is in No. 78, XXI, folio 91; Wharton's memorial, dated July 25, 1781, is in No. 78, XXIV, folio 333; the letter of transmittal is on folio 329.

0038 812

A letter from Abr m . Haryls and Ebenezer Richmond was read:

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

Congress resumed the consideration of the report of the committee on the letter and papers from the president of New Hampshire, and, some time being spent thereon:

Treasury Office July 27 th . 1781

The Board beg leave to lay before the United States in Congress assembled a letter from M r Thomas Hutchins Geographer of the United States dated the 26 th instant requesting, beyond the payment of his debts here, an advance of 2000 dollars specie to enable him to join the Southern army. The Board also inform Congress they have no means in their power to supply any part of the sums demanded. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 419, and was read on this day, as the indorsement shows.

Adjourned to 10 o'Clock on Monday.

MONDAY, JULY 30, 1781

A letter, of 28, from Captain J. P. Jones, was read:

Ordered , That it be referred to the superintendant of finance to take order.

A letter, of 20, from E. Blaine, commissary general of purchases, was read:

Ordered , That it be referred to Mr. [Joseph] Montgomery, Mr. T[homas] Smith, Mr. [Isaac] Motte, the remaining members of the two committees on the mode of settling the quartermaster's and commissary's accounts.

The delegates of New Jersey laid before Congress a letter, of 23, from E. Dayton:

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

A letter, of 30, from P.S. Du Ponceau, was read. 2

2 Dayton's letter is in the Papers of the Continental Congress , No. 78, VII, folio 399; Du Ponceau's is in No. 59, III, folio 45.

The Board of War, to whom was referred the application of Lieutenant Marcellin, delivered in a report; Whereupon,

0039 813

At the Board of War July 28 th . 1781.

Present M r Peters

Col. Grayson

Genl. Cornell.

The Board have considered the application of Lieutenant Marcellin for permission to go to France on some family affairs also General St Clair's certificate importing that (from the particular situation of the Regiment to which he is attached) the service will not be injured by his absence.

The Board therefore Report,

Ordered , That Lieutenant Marcellin, of the 2d Pennsylvania regiment, have leave of absence till the 1st day of May, 1782, for the purpose of going to France on private business. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 89.

The committee of the week was appointed:

Mr. [Jonathan] Elmer, Mr. [Nicholas] Van Dyke, Mr. [Joseph] Montgomery.

The report of the committee, ∥consisting of Mr. Ellsworth, Mr. Clymer, Mr. Mathews, Mr. Sharpe, Mr. Madison,∥ appointed to confer with the superintendent of finance on the means of defraying the expence of the delegates of such of the states, as from the events of the war may be unable to provide for their support during their attendance in Congress: also on the means for paying the salaries of the civil officers and clerks of the boards and offices immediately under Congress, was taken into consideration; Whereupon,

The Committee appointed to confer with the superintendant of finance on the means proper to be adopted for the purpose of defraying the expenses of the Delegates of such of the States, as from the events of the war may be unable to provide for their support during their attendance in Congress; also on the means for paying the salaries due to the civil officers and the clerks of the boards or officers immediately under Congress.

Report the following resolutions:

Resolved , That until the said States shall be in condition to make provision for the support of their the Delegates during their attendance 0040 814 in Congress. The Superintendant of Finance be authorized and directed to supply the said Delegates on their application a sum of money monthly in the following proportions viz. to the Delegates of North Carolina a sum not exceeding 200 dollars per month to the delegates of South Carolina a sum not exceeding 300 dollars per month and to the delegates of Georgia a sum not exceeding 350 dollars per month South Carolina and Georgia [to such of them as have their families with them each] a sum not exceeding 200 dollars per month, [and such as have not their families with them a sum not exceeding 150 Dollars a month]: The said sums to be charged to the said States respectively.

Resolved , That for the discharging the debts already incurred by the Delegates aforesaid, or any of them, warrants be granted on their respective application on the Loan Officer of the State of Pennsylvania, for the amount of their respective debts, which sums shall be likewise charged to the said States respectively.

Your committee beg leave to sit again. 1

1 This report, in the writing of John Mathews, except the words in brackets, which are in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 26, folio 301.

Resolved , That until the delegates for the states of North Carolina, South Carolina and Georgia, shall receive remittances from their respective states for their support during their attendance in Congress, the superintendant of finance be authorised and directed to supply such of them as have their families with them, a sum not exceeding two hundred dollars per month each, and to such as have not families with them one hundred and fifty dollars per month each, the said sums to be charged to the said states respectively; and [that the superintendant of finance be authorised and directed to make provision for discharging the arrears of pay due to the officers on the civil establishment of the United States, and for the future payment of their salaries as the same shall become due.] 2

2 The resolution as adopted is in the writing of Thomas McKean except the words in brackets which are in James Madison's writing. It is in the Papers of the Continental Congress , No. 26, folios 305 and 307.

0041 815

A report from the Board of War on the letter from Haryls and Richmond was read:

Ordered , That the same, together with the letter, be referred to the superintendant of finance to take order.

On motion of Mr. [Elias] Boudinot, seconded by Mr. [William] Sharpe:

Ordered , That a committee of three be appointed to take into consideration the state of the American prisoners in the power of the enemy, and report:

The members, Mr. [Elias] Boudinot, Mr. [William] Sharpe, Mr. [George] Clymer.

A letter, of this day, from J. Brown, secretary of the Admiralty, was read, enclosing a letter, of 18, from the eastern navy board:

Ordered , That so much thereof as relates to prisoners be referred to the Board of War;

That the remainder be referred to the superintendant of finance.

A report of the Board of War, on the arrangements made and orders given by E. Cornell, at Springfield, was read; Whereupon,

At a Board of War July 30 th 1781 .

Present, M r . Peters

Colonel Grayson.

The Board having considered the arrangements made and orders given at Springfield by General Cornell when at that place, and fully approve of the same copies whereof they have the honor to enclose, and in order that the said arrangements may be made complete, the Board beg leave to suggest the following resolution:

Resolved , That John Bryan be continued a Captain in the laboratory and William Hawes a Captain of Artificers at Springfield, and that all and every other officer in the Laboratory or Corps of Artificers at that place be and they hereby are discharged from the service of the United States. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 97.

0042 816

Resolved , That the Board of War be, and they are hereby empowered to continue such of the officers in the laboratory and artificers at Springfield, as the good of the service may require, and to remove all and every other officer in the laboratory or corps of artificers at that place, and proceed to make such farther reforms in the department of the commissary of military stores at other posts as they judge may conduce to the public interest.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JULY 31, 1781

Mr. [James] Duane and Mr. [Ezra] L'Hommedieu, two delegates for the State of New York, attended.

A letter, of 23, from the governor of the State of New York, was read. 1

1 This letter is in the Papers of the Continental Congress , No. 67, II, folio 418.

A report from the Board of War on the petition of Lieutenant D. Campbell and memorial of Lieutenant Pepin, was read:

War Office July 28 . 1781.

Sir ,

The Board have considered the memorial of Lieutenant Duncan Campbell, and beg leave to observe that their opinion on the subject is set forth in the report on a former memorial from this Gentleman to which they beg leave to refer. Any provision made for him will establish a precedent affecting all supernumerary officers who will doubtless exhibit claims, and those of the States in the power of the enemy, will think themselves peculiarly entitled to compensation. If however Congress are pleased to think that there are particular circumstances attending the situation of the Canadian officers, which do not reach the cases of other officers discharged under the same arrangement, and that provision can be made for them without introducing a multiplicity of claims and creating much jealousy among other officers, they will please to resolve,

That the Treasury Board be directed to cause the accounts for pay and depreciation of the Canadian officers, who have been discharged 0043 817 the service of the United States as Supernumeraries under the arrangement of the Army made in the year 1779 to be adjusted in Specie, and that such officers respectively receive Loan office certificates for the Ballances due them.

This report will include the Case of Andrew Pepin. The Canadian officers have been constantly drawing rations for themselves and families since their being discharged either at Albany or Philadelphia, at which latter Post we have been obliged lately to discontinue furnishing them, as no provision was made for them in the Contract made by the Superintendant of Finance. We mention this circumstance for the information and consideration of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 105.

Ordered , That so much thereof as relates to rations be re-committed.

The committee, ∥consisting of Mr. Carroll, Mr. Bland, Mr. Varnum,∥ appointed to confer with the Commander in Chief, the Board of War, and the superintendant of finance, made report; Whereupon,

Ordered , That one of the members of the Board of War be, and he is hereby directed to repair to head quarters with the superintendant of finance, in order to consult with the Commander in Chief on the subject of the arrangement and numbers of the army for the ensuing year.

Ordered , That on the application of Mr. [William] Sharpe, one of the delegates for North Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for two thousand five hundred dollars new emission;

That on the application of Mr. [George] Walton and Mr. [Richard] Howly, delegates for the State of Georgia, warrants issue on Thomas Smith, commissioner aforesaid, one in favour of Mr. [George] Walton for twelve hundred dollars, and one in favour of Mr. [Richard] Howly for two thousand one hundred dollars like emissions; and

0044 818

That on the application of Mr. [Isaac] Motte, one of the delegates for the State of South Carolina, a warrant issue in his favour on Thomas Smith, commissioner aforesaid, for eleven hundred and ten dollars like emissions, for which several sums the said states respectively are to be accountable.

Mr. [Thomas] Bee laid before Congress accounts against him and Mr. [Isaac] Motte, by Mr. Hiltzeimer, for keeping their horses in the public stables:

Ordered , That they be transmitted to the Board of Treasury, and that the amount thereof be charged to the account of the State of South Carolina.

According to the order of the day, Congress resumed the consideration of the report on the letter and papers from the president of the State of New Hampshire, and after debate:

Ordered , That the same be referred to a committee of five:

The members, Mr. [Nicholas] Van Dyke, Mr. [Daniel] Carroll, Mr. [Theodorick] Bland, Mr. [Roger] Sherman, Mr. [Daniel] Mowry.

The report of the committee on the report of the Board of War respecting Major Brahme was taken into consideration; Whereupon,

Ordered , That so much of Major Brahme's letter, of 16, as relates to horses be referred to the Board of War to take order; and that what relates to money be referred to Board of Treasury the draughts made by the Board of War for three months be at the nominal sum in bills of the new emission.

The report of the committee, ∥consisting of Mr. Clymer, Mr. Root, Mr. Johnson,∥ on the letter from General Sullivan of the 25 November, 1780, was taken into consideration; Whereupon,

The Committee upon Gen Sullivan's letter of the 25 of Nov r . having taken the same, under their consideration, report as follows—

0045 819

Ordered , That the Board of Treasury pass to the credit of General Sullivan the following sums in specie, viz. one hundred dollars as a compensation for the expences incurred by him in securing the military stores and ordnance in Fort William and Mary, New Hampshire, in the year 1775, and distributing them in various parts of the country for the use of the United States; one thousand dollars for the extraordinary expences, necessarily incurred by him on several occasions, as the commanding officer in a seperate department, for which no provision or compensation has been made; and four hundred dollars as a reimbursement of the expence incurred by him, after his resignation for the recovery of his health, which he had lost in the service and was thereby induced to retire.

With respect to his claim upon the United States set forth in his said letter for depreciated pay: tho' they are of opinion that the said claim is such as might justly entitle him to compensation, yet as it must be determined on principles which will include the cases of many others not provided for—Your Committee cannot with propriety report specially thereon, but refer it to Congress whenever they may deem it expedient to enter into the consideration. 1

1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress , No. 19, V, folio 443. A copy is in No. 41, IX, folio 257.

Ordered , That the remainder be referred to the committee on the report of the Board of War on an allowance to the staff of the army for depreciation;

That two members be added to that committee:

The members, Mr. [John] Mathews, Mr. [Nicholas] Van Dyke.

A report from the Board of War was read, enclosing accounts against the United States for the support and tuition of three Indian boys at Princetown; Whereupon,

Ordered , That the same be referred to the Board of Treasury; and that the Board devise ways and means for furnishing 0046 820 Colonel George Morgan with the sum of one hundred and thirty-seven pounds currency of New Jersey, in specie, to enable him to pay for the support and tuition of three Indian boys of the Delaware nation, now at Princetown college; for which sum Colonel George Morgan is to be accountable.

Adjourned to 10 o'Clock to Morrow. 1

1 The following motion was offered this day by James Mitchell Varnum, seconded by John Sullivan, as the indorsement shows:

Resolved , That on the day of August next, Congress will adjourn to the first day of November next, then to convene at in the State of

It is in the Papers of the Continental Congress , No. 36, I, folio 213, and in the writing of James Mitchell Varnum.

WEDNESDAY, AUGUST 1, 1781

The committee of the week made report; Whereupon,

Ordered , That a letter, of 26 July, from John Wereat, with the papers enclosed, be referred to a committee of three:

The members, Mr. [Samuel] Livermore, Mr. [Daniel of St. Thomas] Jenifer, Mr. [John] Mathews;

That the letter of the 27 th of July from Timothy Pickering, Quartermaster General, addressed to the President of Congress, with its enclosures, be also referred to a special committee.

That a letter, of 27 July, from Colonel T. Pickering, with the papers enclosed, be referred to the Board of War; 2 and

2 This letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 423.

That a letter, of 31 July, from Mons r . de Roquebenne, be referred to the Board of Admiralty Committee of Commerce. 3

3 This report, in the writing of Jonathan Elmer, is in the Papers of the Continental Congress , No. 32, folio 205.

On motion of Mr. [Roger] Sherman, seconded by Mr. [James Mitchell] Varnum,

Ordered , That the Committee on the Post Office, the superintendant of finance, and postmaster general, prepare and report the state of the present expences of the Post Office, and a system for regulating the same in future.

0047 821

The committee to whom was referred the communications of the hon ble . the Minister plenipotentiary of France, delivered in a report. 1

1 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs.

Ordered , That on the application of Mr. [William] Sharpe, a delegate for the State of North Carolina, a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of Griffith Rutherford, brigadier-general, and Isaacs, a colonel of militia of the State of North Carolina, lately arrived in this city from captivity at St. Augustine, for the sum of three thousand dollars new emission, to be charged to the said State of North Carolina.

Ordered , That a member be appointed to the Board of Treasury in the room of Mr. T[homas] Smith, who is unable to attend on account of sickness:

The member, Mr. [Ezra] L'Hommedieu.

A motion was made by Mr. [James Mitchell] Varnum, seconded by Mr. [Ezra] L'Hommedieu,

That a committee be appointed to enquire into the facts mentioned in the intercepted letter of the 7th February last, from Lord George Germain to Sir Henry Clinton, and report the result of their inquiries to Congress.

A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [John] Sullivan, that that motion be postponed;

On the question for postponing, the yeas and nays being required by Mr. [James Mitchell] Varnum,

New Hampshire, Mr. Sullivan, ay ay Livermore, ay Massachusetts, Mr. Lovell, ay Partridge, no no Osgood, no Rhode Island, Mr. Mowry, no no Varnum, no Connecticut, Mr. Ellsworth, no no Sherman, no 0048 822 New York, Mr. Duane, no no L'Hommedieu, no New Jersey, Mr. Boudinot, ay ay Elmer, ay Delaware, Mr. McKean, ay ay Van Dyke, ay Maryland, Mr. Jenifer, ay div. Carroll, no Virginia, Mr. Jones, no ay Madison, ay ay Bland, ay Randolph, ay North Carolina, Mr. Sharpe, ay * South, Carolina, Mr. Mathews, ay Motte, no ay Eveleigh, ay Georgia, Mr. Walton, no *

So the question was lost.

On the question to agree to the motion, the yeas and nays being required by Mr. [James Mitchell] Varnum,

New Hampshire, Mr. Sullivan, no no Livermore, no Massachusetts, Mr. Lovell, no Partridge, no no Osgood, ay Rhode Island, Mr. Mowry, ay ay Varnum, ay Connecticut, Mr. Ellsworth, ay ay Sherman, ay New York, Mr. Duane, ay ay L'Hommedieu, ay New Jersey, Mr. Boudinot, no no Elmer, no Delaware, Mr. McKean, no no Van Dyke, no Maryland, Mr. Jenifer, ay ay Carroll, ay Virginia, Mr. Jones, no Bland, ay ay Randolph, ay North Carolina, Mr. Sharpe, no * South Carolina, Mr. Mathews, no Motte, ay no Eveleigh, no Georgia, Mr. Walton, ay *

So the question was lost.

The committee to whom was referred the report on General Sullivan's letter delivered in a report.

0049 823

The Committee to whom was referred Major General Sullivan's letter of the —, report the following Resolutions:

The United States in Congress assembled—considering the merit and faithful services of Major General Sullivan in the Army of the United States, from the commencement of the War until the day of when he resigned his office of Major General merely on account of his ill state of health occasioned by the fatigues and hardships which he underwent in the said service,

Resolved , That it be recommended to the State of New Hampshire, to make good to him the depreciation of his pay for the time he continued in service in like manner as has been done for the officers in the line of said State now in service.

Resolved , That each State who shall advance more money than its proportion in making good the depreciation to their Citizens, in Continental service, shall be allowed for the same in account with the United States. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 19, V, folio 451. Another copy is in No. 41, IX, folio 261.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, AUGUST 2, 1781

A letter, of 27 July, from J. Storey, was read:

Ordered , That so much thereof as relates to the grant of a sum on account of pay already due and the mode of paying him for services since General Greene's resignation as quartermaster general, be referred to the Board of War.

A letter, of 1, from Captain O'Neill, was read: 2

2 O'Neill's letter is in the Papers of the Continental Congress , No. 78, XVII, folio 329.

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

The committee to whom was re-committed the report on the letter of the president of the State of New Hampshire, of the 20 June last, and the papers accompanying the same, delivered in a report:

The Committee to whom was recommitted the report on the Letter of the President of the State of New Hampshire of the 20 th . of June last and the papers accompanying the same,

0050 824

Report

That in the opinion of your Committee Congress are fully authorized by the Act of Assembly of the State of New York passed October the 21, 1779, and the Act of Assembly of the State of New Hampshire passed the 17 th . of November in the same year to determine all disputes or differences relative to Jurisdiction which they may have respectively with the people inhabiting the district called New Hampshire Grants on the West side of Connecticut River and therefore submit the following resolve:

That Congress will on Monday next take into consideration all differences and disputes relative to Jurisdiction which the States of New Hampshire and New York may respectively have with the people inhabiting the District called New Hampshire Grants on the West side of Connecticut River.

But should Congress be of opinion that it would tend more to the general safety of the union and to restore peace, harmony, and good Government in the respective States and the people inhabiting the Territory called Vermont claiming the Jurisdiction aforesaid your Committee submit the following resolves:

That copies of the Act of the General Assembly of the Commonwealth of the Massachusetts of the 8 th . March last respecting the disputed Territory situate on the West side of Connecticut River commonly called the New Hampshire Grants be transmitted to the States of New Hampshire and New York and that it be recommended to the said States to pass similar acts.

That in case the said States shall relinquish their respective claims to said District called the New Hampshire Grants or the State of Vermont bounded East by Connecticut River South by the North Line of the State of Massachusetts, West part by Lake Champlain to the West Line of the Township of Dunbar from by the West Lines of several Townships formerly granted by the Governor of New Hampshire to the North West Corner of the State of Massachusetts and bounded North by Latitude forty five degrees. The United States in Congress Assembled will guaranty to the States of New Hampshire and New York all the lands respectively belonging to them lying without the limits aforesaid and the Jurisdiction over the same against any claims or encroachments from the people inhabiting within the limits before described.

That in case the States of New Hampshire and New York offer to relinquish their claims agreeable to the aforesaid recommendation of 0051 825 Congress, and the people inhabiting the Territory commonly called Vermont shall claim or exercise Jurisdiction over any of the Territory guarantied as above Congress will consider such acts as a denial of the Jurisdiction of the United States in Congress Assembled as a proof of their inimical disposition, and designs against the general welfare of the United States and will proceed on the day of to determine all differences between the States of New Hampshire and New York relative to their respective boundaries. 1

1 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 40, II, folio 81.

Ordered , That the same be taken into consideration to Morrow.

A report from the Board of Treasury was read; Whereupon,

Resolved , That the arrearages and salaries due to officers on the civil list, shall be ascertained in specie value, and warrants for their respective balances, issued by the Board of Treasury under their seal, upon the commissioner of the loan office of the State where the United States in Congress assembled, shall hold their sessions; and where any such specie warrants shall be granted to officers on that establishment, which can with more convenience be discharged by the said commissioner in paper currency issued under the act of the 18 of March, 1780, the same shall be discharged according to the rate of depreciation at the time of payment, on a comparison of the same with specie:

That to enable the loan officer to make such payment in specie value, the Board of Treasury shall once a month, or oftener if they shall judge proper, ascertain the depreciation of the currency aforesaid, and instruct the said loan officer to make his payments agreeable thereto.

Ordered , That on the application of Mr. [John] Mathews, one of the delegates for the State of South Carolina, a warrant issue in his favour on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, for twelve 0052 826 hundred dollars of the new emission, for which the State of South Carolina is to be accountable.

That on the application of Mr. [Nicholas] Eveleigh, another delegate of the said State of South Carolina, a warrant issue in his favor for fifteen hundred dollars of the new emission, for which the State of South Carolina is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 429.

A report from the Board of War was read; Whereupon,

At a Board of War August 2 nd , 1781 .

Present M r Peters

Col. Grayson

General Cornell

The Board beg leave to inform Congress that there are a great proportion of the officers of the Pennsylvania Line now in the State, who have received no pay or warrants on the Paymaster out of the six months' pay in the new bills for which warrants were drawn in favor of the Paymaster General, and a number of Artillerymen who are constantly at work in the Laboratory, all of them are very pressing for some part of the pay due them, and we have reason to believe many are really in a distressed situation on that account. From the foregoing state of facts we submit the propriety of warrants being drawn on the Paymaster General in favor of the above mentioned persons for six months' nominal pay in bills of the new emission. Should Congress approve of the measure it may be proper to resolve,

Ordered , That the Board of War draw warrants on the paymaster general, in favour of the officers, non-commissioned officers and privates of the Pensylvania line who have not since the fourth day of January last had warrants drawn in their favour; and for the artillerymen at work in the laboratory for six months' nominal pay in bills of the new emission on account. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 109.

The report of the committee, ∥consisting of Mr. Montgomery, Mr. Sherman, Mr. Mathews, Mr. Vandyke,∥ to whom was referred a part of the report on General Sullivan's 0053 827 letter of 25 of November last, was taken into consideration; and on the question, “That it be recommended to the State of New Hampshire to make good to General Sullivan the depreciation of his pay for the time he continued in service, in the like manner as has been done for the officers in the line of the said State now in service”: the yeas and nays being required by Mr. [Samuel] Livermore,

New Hampshire, Mr. Livermore, ay * Massachusetts, Mr. Partridge, ay ay Osgood, ay Rhode Island, Mr. Mowry, ay div. Varnum, no Connecticut, Mr. Ellsworth, no div. no Sherman, ay New York, Mr. Duane, no no L'Hommedieu, no New Jersey, Mr. Boudinot, no no Elmer, no Pennsylvania, Mr. Montgomery, no no Clymer, no Delaware, Mr. McKean, no no Van Dyke, no Maryland, Mr. Jenifer, no div. Carroll, ay Virginia, Mr. Jones, no Bland, no no M. Smith, no Randolph, no North Carolina, Mr. Sharpe, ay * South Carolina, Mr. Mathews, no Bee, no no Motte, no Eveleigh, no Georgia, Mr. Walton, no div. Howly, ay

So it passed in the negative. 1

1 A copy of the proceedings and vote on the Sullivan resolution as an extract from the minutes is in the Papers of the Continental Congress . No. 41, IX, folio 265.

The committee to whom was referred the letter, of 9 July, from the superintendant of finance, delivered in a farther report:

Ordered , That the consideration thereof be assigned for to Morrow.

0054 828

Ordered , That Monday next be assigned for considering the report of the committee on the communications from the hon ble . the Minister of France.

A letter, of 2 January, from J. de Neuville & Sons was read. 1

1 This letter is in the Papers of the Continental Congress , No. 145, folio 53.

A motion was made by Mr. [James Mitchell] Varnum, seconded by Mr. [Roger] Sherman:

Resolved , That from and after the first day of September next the privilege of franking letters cease.

Resolved , That the Committee upon the Post Office, the Superintendent of Finance and Post Master General prepare and report [the state of the present expence of the Post Office and a] system for regulating the same in future. 2

2 This motion, in the writing of James Mitchell Varnum, except the portion in brackets which is in Thomas McKean's writing, is in the Papers of the Continental Congress , No. 36, I, folio 209.

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

Adjourned to 10 o'Clock to Morrow.

FRIDAY, AUGUST 3, 1781

A letter, of 23 June, from Major General Greene, with one enclosed and directed to him from Lieutenant Colonel H. Lee, dated 20th of the said month, was read, respecting a proposal for arming in a new manner the infantry of Colonel Lee's legion: 3

3 This letter is in the Papers of the Continental Congress , No. 155, II, folio 187.

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

A letter, of 30th July, from General Washington; and

A letter, of 26th July, from Major General the Marquis de la Fayette, were read. 4

4 Washington's letter is in the Papers of the Continental Congress , No. 152, X, folio 179; Lafayette's is in No. 156, folio 204.

A letter, of 21 July, from the navy board eastern department was read, recommending that Mr. Buckley, who has 0055 829 served as a master of the Alliance from her first going to sea may be promoted to a lieutenancy in the ship:

Ordered , That the navy board eastern department be informed that as there is no vacancy Congress do not think proper to agree to the recommendation.

A memorial of the delegates, as agents for the State of New York, respecting the controverted jurisdiction of the district called the New Hampshire Grants, was read. 1

1 This memorial is in the Papers of the Continental Congress , No. 40, II, folio 37.

The committee, ∥consisting of Mr. Boudinot, Mr. Sharpe, Mr. Clymer,∥ appointed to take into consideration the state of the American prisoners in the power of the enemy, report,

That they have collected together and cursorily looked into various evidences of the treatment our unhappy fellow-citizens, prisoners with the enemy, have heretofore and still do meet with, and find the subject of so important and serious a nature as to demand much greater attention, and fuller consideration, than the present distressed situation of those confined on board the prison-ships at New York will now admit of; wherefore, they beg leave to make a partial report, and desire leave to sit again:

They accordingly submitted a report; Whereupon,

Resolved , That it appears to Congress that a very large number of marine prisoners and citizens of these United States, taken by the enemy, are now close confined on board prison-ships in the harbour of New York:

That the said prison-ships are so unequal in size to the number of prisoners, as not to admit of a possibility of preserving life in this warm season of the year, they being crowded together in such a manner as to be in danger of suffocation, as well as exposed to every kind of putrid and pestilential disorder:

That no circumstances of the enemy's particular situation can justify this outrage on humanity, it being contrary to 0056 830 the usage and custom of civilized nations, thus deliberately to murder their captives in cold blood, as the enemy will not assert that prison-ships, equal to the number of prisoners, cannot be obtained so as to afford room sufficient for the necessary purposes of life:

That the enemy do daily improve these distresses to inlist and compel many of our citizens to enter on board their ships of war, and thus to fight against their fellow-citizens and dearest connections:

That the said marine prisoners, until they can be exchanged, should be supplied with such necessaries of cloathing and provisions as can be obtained to mitigate their present sufferings:

That, therefore, the Commander in Chief be, and he is hereby, instructed to remonstrate to the proper officer within the enemy's lines, on the said unjustifiable treatment of our marine prisoners, and demand, in the most express terms, to know the reasons of this unnecessary severity towards them; and that the Commander in Chief transmit such answer as may be received thereon, to Congress, that decided measures for due retaliation may be adopted, if a redress of these evils is not immediately given:

That the Commander in Chief be, and he is hereby, also instructed to direct the supplying the said prisoners with such provisions and light clothing, for their present more comfortable subsistence, as may be in his power to obtain, and in such manner as he may judge most advantageous for these United States. 1

1 This report, in the writing of Elias Boudinot, in in the Papers of the Continental Congress , No. 28, folio 49.

Ordered , That the committee have leave to sit again.

The report of the committee on the letter from the president of New Hampshire, with the papers enclosed, was taken into consideration, and after debate:

0057 831

Ordered , That it, together with a motion made by Mr. [Elias] Boudinot, seconded by Mr. Mathews [John] Sullivan, be re-committed. 1

1 Boudinot's motion was as follows:

Resolved , That a Committee of be appointed to repair to and there to meet Committees from the State of New York and New Hampshire and the people inhabiting & c . in order to settle and adjust the terms on which the said people may be recognized as a free and independent State and received into the General Union.

It is in the Papers of the Continental Congress , No. 40, II, folio 82.

The Board of War, to whom was referred part of the letter of J. Storey, delivered in a report; Whereupon,

Ordered , That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of John Storey, late assistant quartermaster, for two hundred dollars in specie on account of his former pay, for which sum Major General Greene, late quartermaster general, is to be accountable;

That J. Storey, late assistant quartermaster, settle the pay due for his services from the time of the late quartermaster general's resignation until the twenty-first day of April last with Major General Greene, and from and after the said twenty-first day of April he shall settle his accounts for pay with the auditors of the army and receive warrants for such sums as may be found due, from the Commander in Chief on the paymaster general in the usual manner. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 113.

The delegates for the State of New York laid before Congress sundry papers relative to the subject contained in the letter, of 27 July, from Colonel T. Pickering: 3

3 These papers are in the Papers of the Continental Congress , No. 78, XVIII, folio 427–451.

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

Adjourned to 10 o'Clock on Monday.

0058 832
MONDAY, AUGUST 6, 1781

A letter, of 2, from General Washington, with sundry papers enclosed, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 152, X, folio 183. It is printed in the Writings of Washington (Ford), IX, 324.

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

The members, Mr. [Theodorick] Bland, Mr. [Elias] Boudinot, Mr. [James Mitchell] Varnum.

A letter, of 4, from the governor of Maryland, with sundry papers enclosed touching the movements and destination of the enemy's force up Chesapeak Bay: 2

2 This letter is in the Papers of the Continental Congress , No. 70, folio 481.

Ordered , That the same be referred to the Board of War, and that copies be sent to the presidents of the States of Pensylvania and Delaware.

A letter, of 28 July, from the governor of Virginia, was read. 3

3 This letter is in the Papers of the Continental Congress , No. 71. II, folio 117.

A report of the committee of the week was read; Whereupon,

Ordered , That a letter, of July 17, from Udney Hay be referred to the Board of Treasury;

That a petition and account of John Chesnut and Leonard Martz be referred to the Board of War.

A report from the Board of Treasury, on the accounts of A. Lee, esq. was read, wherein pursuant to the order of 29 May last, they state his extraordinary expences in Europe, including articles purchased, and said to be returned as per account, livres 19,836: 14:6; and his ordinary expences in Europe, and from Boston, livres 135,361:3:10; that the sum charged by Mr. Lee, for supplies sent to the State of Virginia, (part of the moneys he received for the public use,) amounting to livres 66,853:0:10 are 0059 833 acknowledged to have been received, and for which the governor and council of that State, by their certificate, dated the 13 of March last, and filed in the treasury office, promise to account with the United States; and that there remains due to him for his salary, and that of his secretary, the sum of two thousand two hundred and thirty-eight pounds, seventeen shillings and nine pence, sterling; Whereupon,

Treasury Office Aug 6 th . 1781

In compliance with the order of Congress of the 29 th of May the Accounts of the Hon ble . Arthur Lee were committed for settlement and the Commissioners of Accounts and Auditor General have twice reported to this Board thereon, as appears by their reports N°. 2290 and 2396 herewith submitted. In addition to the Reports aforesaid this Board beg leave to state the following facts:

That genuine and original invoices appear from Gardoqui & Sons of Bilboa and M r . Bondfield of Bordeaux to about the amount of their Drafts on M r . Lee paid by Grand his Banker.

That ten different Invoices of goods have been shipped by Gardoqui & Sons from Bilboa amounting to 673,568 rials vellon and thirty two Marvedies, six of which appear to have been shipped for the port of Boston and consigned to Elbridge Gerry, but are not accompanied with any bills of lading, receipts or writings whatever, whereby any person can be charged or in any way made accountable.

The four remaining Invoices appear to have been shipped for “any port of the thirteen United States” and addressed to “any of the continental agents”—or which there are bills of lading, but no receipts or writing whatever, whereby any Person can be charged, or in any way made accountable for them. That two invoices of goods appear to have been shipped by John Bondfield at Bordeaux for the Ports of Boston and Virginia amounting to 54,178 Livres 19 Sols and two deniers and consigned to the Continental agent of Congress, but no receipts or writings whatever whereby any person can be charged or in any way made accountable. That the other parts of M r . Lee's accounts appear to be stated agreably to the intention of Congress M r . Lee having declared upon his honor in writing that his accounts of expences, ordinary and extraordinary, are to the best of his knowledge justly charged.

0060 834

That the sum charged by Mr. Lee for supplies sent to the State of Virginia (part of the monies he received for the public use) amounting to 66,853:0:10 are acknowledged to have been received, and for which the Governor and Council of that State by their Certificate dated the 13 of March last, and filed in this Office, promise to account with the United States.

If the United States in Congress Assembled agree to this State, the Accounts of Mr. Lee's Foreign Transactions are closed, and there remains due to him for his salary and that of his Secretary, by the Report of the Commissioners of the Chambers of Accounts of the 27th of December last the sum of Two thousand two hundred thirty eight pounds seventeen shillings and nine pence Sterling. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 433.

Resolved , That Congress agree to the report, allowing the foregoing accounts to the credit of Mr. A. Lee.

[A letter, of this day, from John Owen, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVII, folio 333.

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

The Board of War, to whom was referred the letter, of the 1st, from Captain O'Neil, delivered in a report; Whereupon,

War Office August 3 rd . 1781

Present M r Peters

Col. Grayson

Sir ,

The Board have considered the memorial of Capt. O'Neal referred to them by Congress, and beg leave to observe, that much time was spent last winter and a full investigation made into his claims and pretentions upon which Congress passed their acts of the 21 st of February and 5 th of March last. The Board think it unnecessary to observe farther,

Therefore report as their opinion that the prayer of the Memorialist is altogether inadmissible either upon principles of policy or utility. 3

3 This report is in the Papers of the Continental Congress , No. 148, II, folio 117.

Resolved , That Captain O'Neil be informed that the request contained in his letter of the 1st instant cannot be complied with.] 4

4 The portion in brackets was entered by George Bond.

0061 835

The committee of the week, Mr. [George] Partridge, Mr. [James] Duane, [Mr. Richard] Howly.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, AUGUST 7, 1781

A memorial of Colonel James Livingston was read:

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

A memorial of Ryer Shermerhorn was read:

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

Ordered , That the Board of War advance to Major Brahme such a sum as they judge necessary to enable him to leave town and proceed agreeably to the orders of his superior officer.

A report of the committee of the week was read; Whereupon,

Ordered , That a memorial of Jacob Schreiber; and

A petition of John Francis be referred to the Board of War. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 211.

Livingston's memorial is in the Papers of the Continental Congress , No. 41, V, folio 234; Schermerhorn's memorial is in No. 42, VII, folio 107; Schreiber's memorial, dated August 6, 1781, is in No. 41, IX, folio 171; Francis's petition is in No. 42, III, folio 73.

The committee, ∥consisting of Mr. Mathews, Mr. Varnum, Mr. Ellsworth, ∥ to whom were referred the letters of the 1st and 5 July, from the governor of New York, delivered in a report; Whereupon,

It appearing to Congress from the representation of Governor Clinton and other information, that commissions have been granted by the governor of the State of Connecticut, for the purpose of suppressing commerce from the enemy into that State, authorising the persons to whom those commissions are granted, among other things, to go on Long Island and other islands adjacent, and seize the goods and merchandize 0062 836 they should there find, the property of British subjects; and that the said commissions are attended with many abuses dangerous to the public, as well as distressing to citizens and friends of these United States, inhabiting the said islands, some of whom, under pretext of the powers contained in such commissions, have been plundered of their property, and otherwise evilly treated; and that the further continuance of the said commissions would impede the public service in that quarter; therefore,

Resolved , That the governor of the State of Connecticut be, and he is hereby, desired immediately to revoke the said commissions, by him granted, so far as they authorise the seizure of goods on Long Island, or other islands adjacent not being in elsewhere, on land not within the State of Connecticut. 1

1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress , No. 20, I, folio 381.

The committee to whom was re-committed their report on the letter, of 20th June, from the president of New Hampshire, together with a motion relative to the subject, delivered in a report.

The committee to whom were referred the letter, of 24 May, from the legislature, and the letter, of 18 June, from the governor of Massachusetts, delivered in a report.

Congress took into consideration the report of the committee, ∥consisting of Mr. Sherman, Mr. McKean, Mr. Carroll, Mr. Varnum, Mr. Madison,∥ to whom was re-committed their report on the letter of 20 June, from the president of New Hampshire, together with a motion relative to the subject; and thereupon came to the following resolutions:

Whereas the states of New Hampshire and New York have submitted to Congress the decision of the disputes between them and the people inhabiting the New Hampshire Grants, 0063 837 on the west side of Connecticut river, called the State of Vermont, concerning their respective claims of jurisdiction over the said territory, and have been heard thereon; and whereas the people aforesaid claim and exercise the powers of a sovereign independent State, and have requested to be admitted into the federal union of the United States of America: in order thereto, and that they may have an opportunity to be heard in vindication of their said claim: 1

1 Another version of the preamble, without date, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 20, I, folio 17, and is as follows:

Whereas the people inhabiting a tract of Country bounded by the West bank of Connecticut River &c. &c. known by the name of Vermont have for a considerable time past claimed and exercised sovereign power and jurisdiction within the said tract of Country. And whereas the said tract of Country hath been formerly within the undoubted jurisdiction of the States of New Hampshire and New York by which States under the late Royal Agreement Government divers tracts of land have at different times previous to the above claim been granted to Citizens of each of Said States and ethers. And also whereas Congress taking the whole claims of all the above parties into serious consideration deliberation and considering the peculiar circumstances of the people inhabiting the said tract of land aforesaid and the present political necessities situation of these United States, and depending relying on the public spirit and firm attachment of the States of N. H. and N.Y. to this Union and their readiness to comply with every reasonable measure recommended by Congress for the good of the Union, in case their private property is fully secured, and other necessary and prudential terms firmly secured and agreed upon, do resolve that a Committee &c.

Resolved , That a committee of five be appointed to confer with such person or persons as may be appointed by the legislature of said Vermont people residing on the New Hampshire Grants, on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent State, and on what terms it may be proper to admit them into the federal union of these states, in case the United States in Congress assembled shall determine to recognize their independence, and thereof make report:

And it is hereby recommended to the legislature of the said State of Vermont people of the territory aforesaid, or their representative body, to appoint an agent or agents to repair 0064 838 immediately to Philadelphia, with full powers and instructions to confer with the said committee on the matters aforesaid, and on behalf of the said people of Vermont, to agree upon and ratify terms and articles of union and confederation with the United States of America, in case they shall be admitted into the union; and the said committee are hereby instructed to give notice to the agents of the states of New Hampshire and New York, to be present at the conference aforesaid. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 20, I, folio 11.

The United States in Congress assembled convinced from long experience of the zealous exertions of New Hampshire and New York, that as they have already sacrificed much to the American cause, they will not suffer it even to languish through their means, and taking into consideration that a certain District called Vermont bounded is claimed by each of them in right of soil and government; that the inhabitants thereof oppose the demands of both, protesting,

That Vermont hath ever been-without the just limits of New Hampshire and New York, neither having at any time was formerly holden by New Hampshire not by charter but by the pleasure only of his Britannick Majesty:

That a Royal adjudication on the 20 th day of July 1764 superseded the pretensions of New Hampshire in favor of New York, and was assented to on the part of the former.

That New York having regranted the lands in Vermont by virtue of such adjudication in prejudice of the settlers thereon under New Hampshire and Massachusetts Bay, their remonstrances against a political association with New York produced on the 24 th day of July 1767 a prohibition from the Court of Saint James to any further grants by New York.

That they continued to remonstrate but nothing was finally decided at the æra of the American revolution until which event they had never submitted to New York, having always governed themselves by Committees and Conventions and that since that æra, 0065 839 they have persisted in self-government and opposition to New York; that the Legislature of Massachusetts Bay hath relinquished whatsoever right that State may have to Vermont upon condition that a like relinquishment be made by New Hampshire and New York.

And that the interests of independence, altho' the facts and doctrines urged by Vermont have in various manners been controverted by New Hampshire and New York, would acquire fresh energy by such their adoption of similar measures.

Resolved , That it be recommended to the Legislatures of the States of New Hampshire and New York respectively to declare the Inhabitants of the district called Vermont bounded as aforesaid unamesnable to any jurisdiction erected under their authority and to renounce all territorial pretensions claims thereto, but to refer to Congress to determine on what terms this concession shall take effect.

Resolved , That in case Congress shall recognize the independence of the said people of Vermont, they will consider all the lands belonging to New Hampshire and New York, respectively, without the limits of Vermont aforesaid, as coming within the mutual guaranty of territory contained in the Articles of Confederation; and that the United States will accordingly guarantee such lands, and the jurisdiction over the same, against any claims or encroachments from the inhabitants of Vermont or any other person or persons aforesaid. 1

1 This report, in the writing of Edmund Randolph and undated, is in the Papers of the Continental Congress , No. 20, I, folio 15.

A letter, of 7, from E. Blaine, was read:

Ordered , That it be referred to the committee to whom was referred his letter of 20 July.

A letter, of 6, from Tho Forrest, lieutenant colonel of 4th regiment of artillery, was read:

Ordered , That so much thereof as relates to pay be referred to the Board of War; and that Lieutenant Colonel Forrest be informed his application for leave to resign ought to be made in the first instance to the Commander in Chief.

[Adjourned to 10 o'Clock to Morrow.]

0066 840
WEDNESDAY, AUGUST 8, 1781

The committee of the week made report; Whereupon,

Ordered , That a memorial of Philip Reffert, with the account of Jacob Hetherling, be referred to the Board of Treasury;

That the petition of Joseph Hardy be referred to the Board of War; 1

1 This petition is in the Papers of the Continental Congress , No. 42, III, folio 417.

That the memorial and papers presented by Alexander Heguy, so far as they respect his accounts against the United States, be referred to the Board of Treasury;

That such part thereof as relates to his application for rank be referred to the Board of War. 2

2 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 207, 209.

The Board of War, to whom was referred the memorial of Nicholson Broughton, requesting to be discharged from the payment of twelve guineas, advanced to him in France on account of the United States, report that, in their opinion, a compliance with his request in this instance would be improper:

War Office , August 7th, 1781 .

Sir :

The Board have considered the application of Nicholson Broughton Esq. requesting to be discharged from the payment of the sum of twelve guineas advanced to him in France on account of the United States, and though this gentleman has produced the most unquestionable proofs of his integrity and patriotism, yet the Board are of opinion that a compliance with his request in this instance would be improper.

The Board are unacquainted with the rules which have been established respecting moneys advanced to the Citizens of America in foreign countries by order of Congress, but they presume that those who receive assistance are to be accountable. 3

3 This report is in the Papers of the Continental Congress , No, 148, II, folio 133.

0067 841

Resolved , That Congress agree to the said report.

The Board of War, to whom was referred the letter from J. Pierce, report, that, in their opinion, the resolution of Congress of the 27 August, 1780, clearly and decidedly sets forth the principles on which the outstanding debts of the public are to be collected, and which ought to be strictly adhered to by the paymaster general in the receiving all moneys due from individuals to the United States. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 121.

Resolved , That Congress agree to the said report.

The Board of War, to whom were referred the letter, of 27 July, from Colonel T. Pickering,. and sundry other papers relative to forage collected from sequestred estates, made report:

War Office August 7 th , 1781

Sir

The Board have considered the papers referred to them, respecting the Forage on the confiscated Estates in West Chester County, and are of opinion that a discussion of the subject will involve consequences of a delicate nature, and which are only proper for the decision of Congress. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 137.

Ordered , That the same, with the papers, be referred to a committee of three:

The members, Mr. Bland, Mr. [James Mitchell] Varnum, Mr. [William] Sharpe, Mr. [Daniel] Carroll.

Mr. [John] Sullivan laid before Congress a letter, of 9th April last, from Brigadier General John Stark: 3

3 Stark's letter, dated April 9, 1781, is in the Papers of the Continental Congress ,

Ordered , That it be referred to the committee on the report of the Board of War on an allowance to the staff for depreciation.

Congress proceeded to the election of a committee of five, to confer with such person or persons as may be appointed 0068 842 by the people residing on the New Hampshire Grants, on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent State, and on what terms it may be proper to admit them into the federal union of these states, in case the United States in Congress assembled shall determine to recognize their independence:

The members chosen, Mr. [Elias] Boudinot, Mr. [Nicholas] Van Dyke, Mr. [Daniel] Carroll, Mr. [Joseph] Montgomery, Mr. [Edmund] Randolph.

The Board of Treasury, in compliance with the resolution of the 30 July, directing them to devise ways and means for furnishing Colonel George Morgan with the sum of £137, currency of New Jersey, in specie, to enable him to pay for the support and tuition of three Indian boys, of the Delaware nation, at Princetown college, delivered in a report; Whereupon,

That there is a large sum in specie due to the United States in the hands of D r . Witherspoon President of the College of New Jersey deposited with him by the North Carolina Provincials Prisoners of War in the year 1778, as will appear in the last clause but one of a letter dated the 20 th . of February 1780 to the Board from the then Commiss y General of Prisoners, and also by another of the 14 April following; the Board beg leave to propose, that part of the money may be applied to the support of the aforesaid Indian youth: the following resolution is therefore submitted:

Resolved , That for the support and education of the Indian youth at Princetown college, in the State of New Jersey, under the care of Colonel George Morgan, of the said State, the sum of three hundred and sixty-five dollars and sixty-ninetieths of a dollar in specie, be paid to him by Dr. J. Witherspoon, president of the said college, out of moneys placed in his hands by the North Carolina provincial prisoners of war, exchanged in the year 1778, to discharge the demands of the United States against them for subsistance; 0069 843 for which sum the aforesaid Colonel George Morgan is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 437. The amount is stated in the report as $365 3/9 0/0.

A letter, of 7th, from Captain J.P. Jones, was read:

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

A report from the Board of War was read; Whereupon,

War Office , August 8 th . 1781

Sir ,

The Board observe they are directed by Congress in their resolution of the 7 th . instant to advance to Major Brahme such a sum as they may judge necessary to enable him to leave town and proceed to Head Quarters upon which the Board beg leave to observe they have no money or funds to enable them to make the aforementioned advance but should it be the intention of Congress as the Board apprehend it was that a warrant be drawn on the Paymaster Gen l it will be proper to pass the following resolution:

Ordered , That the Board of War draw a warrant on the paymaster general in favor of Major Brahme, for fifteen hundred dollars new emission on account of his pay, the resolution of the 4 of January last notwithstanding.

The Board think proper to make the following remarks previous to Congress passing the foregoing resolution 1 st . There is no unappropriated funds in the hands of the Pay Master for payment of said warrant. 2 dly . The sum tho' large is nearly agreeable to what the Board reported for all the officers that were prisoners at Charlestown, and as small a sum as will answer the purposes contained in the resolution of yesterday. 2

2 This report is in the Papers of the Continental Congress , No. 148, I, folio 417.

At a Board of War August 8 th . 1781

Present, Col. Grayson

M r Cornell.

The Board have the honor to enclose to your Excellency an account exhibited to them by Major General Sullivan, and beg leave to observe, that it appears to them that General Sullivan actually advanced the money contained in the said account amounting to five hundred and fifty Continental dollars which was worth at the 0070 844 time the account bears date, agreeable to the scale of depreciation agreed to by Congress the 28 th June 1780 twenty five silver dollars and twenty-seven ninetieths of a dollar altho' it is most probable the receipts for these bounties were taken in Colonel Proctor's name. Yet as it is beyond a doubt that General Sullivan paid the money, it is the opinion of the Board that the following resolution may not be improper:

Resolved , That it be recommended to the legislature of the State of New Hampshire to order to be paid to General Sullivan the sum of twenty-five dollars and twenty-seven ninetieths of a dollar in specie (to repay that sum by him advanced for public use) on account of the United States. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 123.

A letter, of 1, from Major General the Marquis de la Fayette, with sundry papers enclosed, was read.

A letter, of 6, from the superintendant of finance, was read, with sundry papers enclosed. 2

2 Lafayette's letter is in the Papers of the Continental Congress , No. 156, folio 212; Morris's is in No. 137, I, folio 97.

At a Board of War August 8 th 1781 .

Present, M r Grayson

M r Cornell

The Board have considered the Memorial of Captain Schreiber, referred to them from Congress.

Beg leave to report,

That the case of this Gentleman is fully comprehended in the report of the Board sent to Congress the 20 th Ultimo, in behalf of the officers lately returned from captivity, to which they beg leave to refer. 3

3 This report is in the Papers of the Continental Congress , No. 148, II, folio 129. It was read this day as the indorsement states.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, AUGUST 9, 1781

The committee of the week made report; Whereupon,

The Committee of the week beg leave to report,

That the Memorial of William Massey for a year's pay as Deputy Com r . General of Musters; and the petition of Cap t . Lieut Adam 0071 845 Hoops respecting his exchange and leave of absence; be respectively referred to the Board of War.

9 th . August 1781 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 215.

Ordered , That a letter, of 8th, from William Massay; and

A memorial of Captain Lieutenant Adam Hoops be referred to the Board of War. 2

2 This memorial, dated August 9, 1781, is in the Papers of the Continental Congress , No. 41, IV, folio 185.

The committee, ∥consisting of Mr. Randolph, Mr. Van Dyke, Mr. Ellsworth,∥ to whom was referred the memorial of the hon. the minister plenipotentiary of France, together with “the plan of a convention between the Most Christian King and the United States, for the purpose of determining and fixing the functions and prerogatives of their respective consuls, vice consuls, and agents,” delivered in a report; which being read,

Ordered , That it be re-committed, and that the committee be instructed to confer with the minister of France upon the plan of a convention for determining and fixing the functions and prerogatives of consuls, &c. and report to Congress the precise explanation which shall be given to them, as well as a plan of convention, adapted to the subject and the circumstances of America. 3

3 These two paragraphs were also entered in the manuscript Secret Journal, Foreign Affairs. They are printed in the Secret Journal, under date of August 19.

The committee to whom was referred the letter, of 2, from General Washington, delivered in a report.

The Committee to whom the letter from the Commander in Chief dated Aug. 2. 1781 with the inclosures, were referred, beg leave to report that the warmest applications to the several States eastward of Pennsylvania inclusive, should be repeated, urging them to complete their several quotas of men and provisions for the main army, at this important and critical juncture, and therefore the committee recommend the following letter to be wrote to the Executive of each of said States by the President:

0072 846

Sir ,

Altho' Congress have addressed your State very lately on the important subject of forwarding their Quota of Troops and provisions to the several departments, to which they have been assigned, yet the recent complaints they have received from the Commander in Chief, of a very partial compliance in some of the States, with their requisitions on that subject, induces Congress once more (as a matter of the last consequence at this interesting moment) earnestly to request the utmost expedition in completing and sending forward the Troops, provisions &c demanded under their authority by the Commander in Chief, not doubting, that as on the vigorous exertions to comply with those requisitions, depends the success of the present campaign, and the reputation of the American Arms, you will use your utmost endeavour to comply fully with the spirit of them. Without this a disgraceful retreat and abandoning of our offensive operations must take place, and a very heavy expense already incurred, must recoil on ourselves, and be, in all probability the cause of prolonging a destructive war and preventing an advantageous peace. Under such an event, we must be held up to our ally, and to all Europe, as a People sacrificing our own dearest interests to a list less inactivity, who otherwise by improving the present favourable opportunity, might be put beyond the power of our Enemy. 1

1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 19, VI, folio 357. On September 29 it was ordered to be filed.

The report of the committee on the communications of the hon ble . the Minister of France was taken into consideration, and after debate:

The Committee to whom was referred the Communication made by the Minister of France on two despatches of the 9 th of Jany. and the 19 th of Feby. Submit the following Report:

2. That the Minister Plenipotentiary of these United States at the Court of Versailles, be directed to inform his Most Christian Majesty, that Congress consider his Majesty's desire to Unite the Interests of these States and the United Provinces of the Netherlands, as a fresh proof of his friendship and regard and accept with pleasure the offer of his Majesty's Interposition for that purpose communicated to them by his Minister and that Congress being fully sensible of the benefit which may arise from the weight and influence 0073 847 of his Majesty's interposition, have directed M r Adams to confer on all occasions in the most confidential manner with his Majesty's Minister at The Hague.

1. That the Minister Plenipotentiary at the Court of Vers. be directed to inform his Most Christian Majesty, that the probability of a rupture, between Great Britain and the Dutch had engaged the attention of Congress previous to this communication, and that sensible of the great importance it would be of to the Common Cause if their High Mightinesses would join in the war, they had taken measures for uniting the Interests of the two Republics, and had made advances to the States General by directing M r J. Adams to repair to The Hague with full powers to propose to them a Treaty of Amity and Commerce, founded on the principles of equality and consistent with the Treaty subsisting between his Majesty and these States.

That Mr. J. Adams be instructed and empowered to enter into a treaty of Alliance during the present war with the United Provinces of the Netherlands provided that it shall apppaer to him necessary or proper for the interests of the United States.

And provided that the object of such Treaty be consistent in all respects with that subsisting between his Most Christian Majesty and these United States and not inconsistent with the same in other respects.

Resolved , That the President Communicate to M r Adams the above resolutions, and desire him to improve the interposition of his Most Chr n . Majesty to the best advantage, through the Minister of France at the Court of Holland, and by corresponding with the Minister of the United States at the Court of Versailles.

That the President communicate the above resolutions to Doctor Franklin, and desire him to give Mr Adams every information and assistance in his power which may tend to render the interposition of his Most Christian Majesty successful.

That the above resolutions be communicated to the Minister of France. 1

1 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 25, I, folio 455. Paragraphs 2 and 1 are so numbered by Thomson. On folio 231 is a fair copy by Thomson of the substance of these paragraphs which were adopted August 15, as the indorsement shows, and incorporated in the resolutions agreed to on the 16th.

0074 848

Ordered , That it be re-committed, and that the committee report instructions to the hon ble . J. Adams respecting a treaty of alliance with the United Provinces of the Netherlands. 1

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

The committee to whom was referred the report of the Board of War on the letter from the quartermaster general respecting forage in Westchester in the State of New York, delivered in a report. 2

2 See post , August 23.

A motion was made by Mr. Jones seconded by Mr. Jones, seconded by Mr. Madison the delegates of Virginia:

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

The members, Mr. [Elias] Boudinot, Mr. [James] Duane, Mr. [Oliver] Ellsworth.

Adjourned to 10 o'clock to Morrow.

FRIDAY, AUGUST 10, 1781

A report of the Board of War on that part of the memorial of A. Heguy which respects his application for rank, was read; Whereupon,

At a Board of War August 9 th 178 .

The Board having taken into consideration that part of the memorial of Alexander Heguy referred to them from Congress beg leave to report.

That though they have no doubt of this Gentleman's merit, yet they are of opinion, that his request ought not to be complied with, as it would give uneasiness not only to the officers who are now in the army, but such as have been obliged to retire as supernumeraries. 3

3 This report is in the Papers of the Continental Congress , No. 148, II, folio 141.

Ordered , That the said memorial, so far as respects rank, be dismissed.

A report of the Board of War on the memorial of Colonel J. Livingston was read:

0075 849

War Office 10 th August. 1781 .

Sir ,

The Board have considered the memorial of Colonel James Livingston referred to them and beg leave to observe,

That they are entirely unacquainted with the reasons which induced a preference of Colonel Hazen to Colonel Livingston. Congress in their act of October 30 th . 1780 for reforming the Army directed “That the Regiment commanded by Colonel Moses Hazen be continued on its present establishment, and that all non commissioned officers and privates being foreigners belonging to any of the Reduced Regiments and Corps, be incorporated therewith and all volunteers from foreign States, who are now in the service or may hereafter join the American Army be annexed to the same Regiment.” Under this Resolve the Foreigners of Colonel Livingston's Regiment were incorporated in the Regiment commanded by Colonel Hazen.

With respect to the loss sustained by the Robbery of the Paymaster, the Board beg leave to refer Congress to a resolve made in May 1778 which declares,

That the Paymaster of a Regiment be chosen by the officers of the Regiment, out of the Captains or Subalterns and appointed by warrant, the officers are to risk their pay in his hands, the Paymaster to have the charge of the cloathing and to distribute the same.

As to pay for the Regiment lately commanded by Colonel Livingston, The Board can only remark that their situation is exactly similar to the officers of other Corps who have been reformed and they are at a loss to determine in the present distressed situation of the finances what funds ought to be appropriated to this purpose. If Congress should however be of opinion that the arrears of pay should be discharged, the Board conceive the regulation for that purpose should be so general as to comprehend all the Canadians under these circumstances. With respect to Cloathing it was only intended as a compensation for the depreciation of their pay; but since it has been determined to make good the real pay, according to the original Contract, all claims on that account must be at an end, as if the officers have not had their full proportion the sum they will receive on account of depreciation will be the greater. As to the discharging the half pay allowed to retiring officers, the Board 0076 850 have only to say, there is no mode yet adopted or fund established for this purpose.

With respect to drawing provisions the Board are of opinion such a permission ought not to be granted. The plans hitherto pursued in framing the Contracts have only had in contemplation the Continental troops, militia in actual duty, artificers and prisoners. If this system was departed from it might prove the means of introducing abuses which it might be difficult to reform. If Congress are disposed to afford any relief to this Gentleman, who it appears has been subjected to considerable difficulties on account of his attachment to America, the Board think it would be most advisable to grant him a sum of money on account.

As the Board are unacquainted with the fund it might be proper to draw on, they beg leave to submit the same to the consideration of Congress. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 143.

Ordered , That it be referred to the Board of Treasury to devise ways and means of advancing to Colonel Livingston a sum of money on account of the pay and depreciation due to him.

A report of the Board of War on the case of Elizabeth Bergen was read:

War Office August 10 th . 1781

Sir ,

M rs Elizabeth Bergen has applied to the Board for directions to the Town Major to furnish her with rations agreeable to the order of the Commander in Chief. This request the Board think it improper to comply with as the contract for provisions at this Post does not comprehend persons of this description. The Board however think something ought to be done for her relief, and her three children who are in a distressed situation, as it appears she has to the utmost of her abilities assisted the American officers prisoners in New York, not only with necessaries, but the means of making their escapes. The Board are of opinion twenty pounds hard money a year during the pleasure of Congress would be proper. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 153.

0077 851

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

The members, Mr. [Joseph] Montgomery, Mr. [Elias] Boudinot, Mr. [James] Lovell.

A report from the committee of the week was read; Whereupon,

The Committee of the week submit the following report:

That the letter from Samuel Patterson respecting a sum of money of the old emission in the Cont l . Loan office of the State of Delaware—dated 7 th August 1781

And the letter of Charles Pettit praying for an advance of specie &c be respectively referred to the Treasury.

That the Petition of Samuel Higgins for arrears of pay be referred to the Board of Treasury to take order.

That the letter from Samuel Nicholas Major of Marines respecting his pay and a command be referred to the Beard of War: 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 217.

Ordered , That a letter, of 7, from S. Patterson; 2 and

2 This letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 453;

A letter, of 9th, from Cha Pettit, be referred to the Board of Treasury;

That a petition of Sam l Higgins be referred to the Board of Treasury to take order;

That a letter, of this day, from S. Nicholas, major of marines, be referred to the Board of War. 3

3 Pettit's letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 457; Higgins's petition, dated August 10, 1781, is in No. 42, III, folio 421; Nicholas's letter is in No. 78, XVII, folio 301.

That a letter from Major De Lomagne be referred to the Board of War. 4

4 This letter, dated August 10, 1781, is in the Papers of the Continental Congress , No. 78, XIV, folio 449.

Congress proceeded to the election of a secretary for foreign affairs; and, the ballots being taken, Mr. Robert 0078 852 R. Livingston was elected, having been previously nominated by Mr. [William] Floyd. 1

1 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs.

On motion of the delegates of South Carolina,

Resolved , That the gentlemen appointed by the act of Congress of the 23 July last, to collect loans and donations for the distressed inhabitants of South Carolina and Georgia, be, and hereby are, authorised and empowered to pay the same into the hands of the delegates of the said states, or to their order, agreeably to the said act; and that receipts for the same be taken and lodged in the treasury office. 2

2 This motion, in the writing of Nicholas Eveleigh, is in the Papers of the Continental Congress , No. 36, IV, folio 373.

A report from the Board of War on the letter, of 23 June, from Major General Greene, was read:

War Office August 9 th , 1781

Sir ,

The Board have Considered Major General Greene's letter of the 23 rd of June last, referred to them by Congress to take order, and have the honor to lay before them the enclosed estimate, upon which they beg leave to observe that the estimate is made on the lowest calculation, yet the sum so far exceeds any funds that we have any knowledge of that can be appropriated to that use, that we dare not undertake to carry the proposed plan into execution until Congress should be informed of our situation; and we beg leave further to observe that we were almost constantly solicited by Colonel Moylan and his officers for several months past for horses and accoutrements for the cavalry of that regiment; but were not able to furnish them, and finally gave orders for their marching dismounted to Virginia hoping that State would mount them; we have since been informed by Major General the Marquis La Fayette, that there was not the least probability of that plan's succeeding and desires the Board in most pressing terms to order them to be mounted and equipped. We have consulted the Superintendent of Finance on account of the ways and means; but have no encouragement that will enable us to proceed; but whenever we are possessed of the means, we shall be happy in complying with the orders of Congress and they may be 0079 853 assured of every exertion in our power. We beg leave to suggest the propriety of a speedy determination as M r Archer is waiting on Expence and it is more than probable will not be able to leave the City unless he is furnished with money and the longer he stays the more he will stand in need of assistance. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 147.

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

The members, Mr. [Thomas] Bee, Mr. [Theodorick] Bland, Mr. [William] Sharpe.

Congress resumed the consideration of the report of the committee on the letter of the 9th of July, from the superintendent of finance; and on the question to agree to the following proposition, viz.

The Committee to whom was referred the letter of the Superintendent of Finance of the 9 th . Ultimo, further Report,

That on mature consideration of the instructions given the Minister Plenipotentiary of these United States at the Court of Madrid on the 15 of February last they are of opinion that it would be highly conducive to the interests of these States, that the powers contained in the said instructions should be repealed and a discretionary power lodged in the hands of the said Minister to act so far extended as to enable him to agree to a further cession of the navigation of the river Mississippi in such manner as circumstances may render necessary, and as would best tend to promote the interest of these states.

Therefore recommend the following Resolution:

Resolved , That the instructions given to the Minister Plenipotentiary of these United States on the 15 of February last be and they are hereby repealed.

That the minister be empowered to make such further cession of the right of these United States to the navigation of the river Mississippi as he may think proper, and on such terms and conditions as he may think most for the honour and interest of these United States—

The yeas and nays being required by Mr. [Roger] Sherman—

0080 854 New Hampshire, Mr. Sullivan, no no Livermore, no Massachusetts, Mr. Lovell, no Partridge, no no Osgood, no Rhode Island, Mr. Mowry, no no Varnum, no Connecticut, Mr. Ellsworth, no no Sherman, no New York, Mr. Duane, no no L'Hommedieu, no New Jersey, Mr. Boudinot, no no Elmer, no Pennsylvania, Mr. Montgomery, no Clymer, no no T. Smith, no Delaware, Mr. McKean, no no Van Dyke, no Maryland, Mr. Jenifer, no no Carroll, no Virginia, Mr. Jones, no Madison, no no Bland, no Randolph, no North Carolina, Mr. Sharpe, no * South Carolina, Mr. Bee, no no Eveleigh, no Georgia, Mr. Walton, no Howly, no no

So it passed in the negative. 1

1 This resolution (partly in cipher) and vote, as an extract from the minutes, by James Lovell, are in the Papers of the Continental Congress , No. 59, I, folio 133.

Ordered , That the committee of foreign affairs transmit to the Minister Plenipotentiary of these United States at the Court of Madrid, such information relative to the surrender of Pensacola, and the subsequent arrival of the garrison at New York, as they can obtain, to the end that he may make such representation thereon as shall appear to him to be proper. 2

2 This order and the preceding vote were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. The report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 31, folio 307.

The Committee of Commerce, to whom was referred the letter, of the 24 July, from the hon ble the Minister of France, delivered in a report; Whereupon,

0081 855

Resolved , That the hon ble the Minister of France be requested to inform the governor and intendant of St. Domingo that the United States have not at present any agent whatever residing at that island; and that Congress, not intending to appropriate their funds to commercial purposes, have not the appointment of such officer in contemplation. 1

1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs. The report is in the Papers of the Continental Congress , No. 31, folio 233.

A farther report from the committee of the week was read; Whereupon,

The Committee of the week farther report,

That the petition of Lieut. John Jenkins praying for a reward for serving as a Guide to the Army under Major General Sullivan against the Indians in 1779 be referred to the Board of War to report.

That the Memorial and Petition of sundry merchants respecting their sufferings and exposed situation, on account of the depreciation of the Continental money be referred to a special Commission.

10 th August 1781

Second report 2

2 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 213.

Ordered , That a petition of Lieutenant John Jenkins be referred to the Board of War;

That a memorial of sundry merchants be referred to a committee of three:

The members, Mr. [James Mitchell] Varnum, Mr. [George] Clymer, Mr. [Joseph] Jones.

Adjourned to 10 o'Clock on Monday.

MONDAY, AUGUST 13, 1781

A letter, of 6, from Major General the Marquis de la Fayette;

One, of the 17, and one, of 19 July, from Major General Greene, with sundry papers enclosed, were read: 3

3 Lafayette's letter is in the Papers of the Continental Congress , No. 156, folio 218; Greene's of 17th is in No. 155, II, folio 193; that of 19th is on folio 209.

0082 856

Ordered , That they be referred to the Committee of Intelligence.

A letter, of 29 May, from the hon ble J. Jay;

One, of 2, and one, of 11 June, from Mr. W. Carmichael; and 1

1 Jay's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 459; Carmichael's, of June 2, is on page 466.

One, of 25, from Richard Harrison, were read.

A letter, of 2, from J. Moylan, cloathier general, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 78, XVI, folio 227.

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

A report of the committee of the week was read; Whereupon,

[ Ordered ], That a petition of Fabian Hamerly be referred to the Board of War; 3

3 This petition, dated August 2, 1781, is in the Papers of the Continental Congress , No. 148, II, folio 183.

That a petition of sundry merchants be referred to the committee to whom was referred a like memorial on Friday last. 4

4 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 32, folio 219. The petition, dated March, 1781, from merchants of Massachusetts Bay, is in No. 41, VI, folio 259.

The committee of the week was elected:

Mr. [Joseph] Jones, Mr. [Daniel of St. Thomas] Jenifer, Mr. [Daniel] Mowry.

A report of the Board of Treasury on the memorial of Archibald McClean, was read; Whereupon,

Treasury Office August 9 th . 1781

The Board of Treasury having considered the Memorial of Archibald M c lean of York Town in Pennsylvania in behalf of Mary Meem Widow setting forth, that the said Mary had deposited on the 4 May 1778 in his hands, as a Commissioner appointed by the State of Pennsylvania under an Act of Congress of 22 nd Nov r 1777 to receive Monies for the Loan Office of the United States in Pennsylvania in order to obtain loan office certificates for the same: but not having 0083 857 an opportunity of forwarding the money to the Loan Office, then removed to Philadelphia until October following, it was refused to be received, by the Commissioner of the said Loan Office on the condition of ante-]dating the certificates to the time the money was received by the said M c Clean and by reason thereof the said Mary is to this day without certificates for the money deposited by her, as aforesaid:

Upon this State of facts the Board are of opinion, certificates ought to issue to the said Mary for 800 dollars, bearing date the 4 day [of] May 1778 1780, upon the Memorialist paying into the Loan Office the Money deposited with him by the said Mary (unless Congress should be of opinion that the said M c Clean is answerable for the depreciation of the Money while it lay in his hands under the pretext he offers) and thereupon submit the following resolution:

Resolved , That Congress concur in opinion with the Board; and Thereupon,

Order , That so much of the memorial of Archibald M c Clean, of the town of York in the State of Pennsylvania, a commissioner appointed by the State of Pennsylvania under a resolution of Congress dated the 22 November, 1777 11 June, 1779, to receive money for the loan office of the United States in the said State as respects the issuing loan office certificates bearing date the 4 day of May, 1778 1780, for the sum of eight hundred dollars deposited by Mary Meem on loan, be referred to the Board of Treasury to take order. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 441.

The committee appointed to revise the several reports before Congress which have not been acted on; and

The committee on the communications of the hon ble the Minister of France, delivered in their respective reports:

Ordered , That to Morrow be assigned for the consideration of the latter report;

And Thursday next for the consideration of the former.

A motion was made by Mr. [John] Mathews, seconded by Mr. [Roger] Sherman, and another by Mr. [James Mitchell] Varnum:

0084 858

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

The members, Mr. [James] Duane, Mr. [John] Mathews, Mr. [James Mitchell] Varnum.

A letter, of this day, from Lieutenant J. Townes, was read; 1 Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 78, XXII, folio 467.

Congress took into consideration a report of the Board of War of the 20th July; and, thereupon,

War Office July 20 th . 1781 .

Sir ,

The Board have considered the resolution of Congress respecting the payment of the money due for the passages of the several Continental officers from Charlestown to this place, and enclose a list of them, and of their ranks, as also an account of the money due for the passages of those already reported to the Board amounting to one hundred Guineas as certified by the Honorable Brigadier General M c Intosh. The Board are farther of opinion that considering the particular situation of these gentlemen three months effective pay ought to be advanced them. The Board have not funds either for the payment of the passages, or for the three months' pay, and therefore they submit the same to the wisdom of Congress. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 75.

Ordered , That the Board of War draw warrants on the paymaster general, in favour of the several officers of the army of these states, lately prisoners of war in South Carolina and Georgia, for six months nominal pay in the new emissions.

A report of the Board of War on a letter of 29 June, from A. Hammond, was read; Whereupon,

Ordered , That the letter of A. Hammond, requesting leave to go to sea for the recovery of his health, be referred to the Commander in Chief; who is hereby empowered to enquire into the circumstances of his case, and to grant his request if he thinks it proper and expedient. 3

3 This report is in the Papers of the Continental Congress , No. 148, II, folio 157.

0085 859

On motion of Mr. [Roger] Sherman, seconded by Mr. [James] Lovell,

Resolved , That the establishment of the office of interpreter of the French and Spanish languages be, and hereby is abolished.

[REPORT OF COMMITTEE. INSTRUCTIONS TO M R ADAMS]

Should you succeed in forming a treaty of Amity and Commerce, according to your Instructions in which the United Provinces shall recognize the Independence of the United States, you will be silent upon the subject of an Alliance offensive or defensive; but should you find it impracticable to obtain such recognition on these principles, you will then enter into a defensive alliance upon the following conditions, having the strictest regard to the Treaty of Alliance already subsisting between the Court of Versailles and the United States:

1. Their High Mightinesses shall expressly acknowledge the Sovereignty and Independence of the United States of America.

2. Their High Mightinesses and the United States shall so far make the war a common cause, that neither of them shall make peace or truce with Great Britain till the Court of Versailles and both the Republics shall agree to and be included in a General Pacification the same. This Article is upon Condition that the Court of Versailles has or will enter into a similar engagement with the United Provinces.

3. You shall not involve the United States in any offensive operations in favor of the United Provinces.

4. You shall not enter into a guaranty of the Dutch possessions in the West Indies or elsewhere, unless you find such a measure absolutely necessary to obtain an acknowledgement of the Independence of the United States and in that case, you must obtain guaranty for guaranty. In other matters not repugnant to these Instructions, you will use your best discretion. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 25, I, folio 459, and, according to indorsement, was delivered and read on this day. See post August 16.

Adjourned to 10 o'Clock to Morrow.

0086 860
TUESDAY, AUGUST 14, 1781

A letter, of 21 June, from S. Parsons, at St. Pierre, Martineque;

A letter, of 16 July, from Barrere le Grand, of St. Domingo; and

A letter, of 11, from A. Lee, were read. 1

1 Parsons's letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 407; Barrere le Grand's is in No. 78, XIV, folio 441; Arthur Lee's is in No. 78, XIV, folio 453.

A letter, of this day, from Jonas Fay, Ira Allen and Beza Woodward, was read, with powers to them: 2

2 This letter is in the Papers of the Continental Congress , No. 40, II, folio 89, and the commission on folio 95.

Ordered , That this be referred to the committee of five appointed on the 8th to confer with such person or persons as may be appointed by the people residing on the New Hampshire grants on the west side of Connecticut, &c.

A report from the Board of War was read; Whereupon,

At a Board of War August 14 th 1781 .

Present Colonel Grayson

General Cornell

The Board beg leave to inform Congress that Captain De Prey a prisoner of War to the enemy has obtained leave from the British Commissary at New York to come to Philadelphia on parole, for the purpose of negotiating an exchange, he is at this time destitute of money and friends and has represented to the Board (should his exchange not be effected) the impossibility of prosecuting his journey back to that City agreeable to the terms limited in his parole.

They therefore beg leave to report,

Ordered , That the Board of War draw a warrant on the paymaster general, in favour of Captain de Prey, of the legion commanded by the late Count Pulaski, for three hundred and sixty dollars in bills of the new emission equal 0087 861 to six months' nominal pay and subsistence, for which sum he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 163.

The committee on the motion of the delegates [of] Virginia;

The committee on the report of the Board of War respecting R. Elliot; and

The committee on the report of the Board of War on General Greene's letter, of 23 June, for arming Lieutenant Colonel Lee's legionary corps; delivered in their respective reports; also,

The committee to whom was re-committed the ordinance for establishing a court of appeals in cases of captures reported the draught of a new ordinance, and in pursuance to the instructions to them given, they also reported an ordinance ascertaining what captures on water shall be legal;

In pursuance of the powers delegated by the Confederation in cases of capture on water:

Be it ordained by the United States in Congress assembled; that from and after the [first] day of [October] next, all resolutions and ordinances of Congress, relating to captures on water, and coming within the purview of this ordinance, shall be null and void. But questions of this nature, arising before that day shall be determined at any time during the War with Great Britain according to them, in the same manner, as if this ordinance had never been made.

It shall be lawful to capture and to obtain condemnation of the property hereinafter enumerated, if found below high water mark: that is to say:

I. All ships and other vessels, of whatsoever size or denomination, belonging to an enemy of the United States, with Passed. their rigging, tackle, apparel and furniture:

II. All goods, wares and merchandizes, belonging P. to, and found on board of a ship or other vessel of, such enemy:

0088 862

III. All contraband goods, wares and merchandizes, P. belonging to such enemy, in the ship or other vessel of whatsoever nation found, and whithersover destined

IV. All goods, wares and merchandizes in a ship or other P. vessel of an enemy, [the property of neutrals always excepted.]

V. All contraband goods, wares and Merchandizes, to whatsoever nation belonging, destined for the use and operations of P. the enemy.

VI. All Ships or other vessels, goods, wares and merchandizes, [belonging to any Power P. or the Subjects of any Power] against which letters of marque or reprisal [shall] have issued.

VII. All Ships or other vessels, with their rigging, tackle, apparel P. and furniture, and with their Cargoes, to whatsoever Quere [ Invested, besieged or .] nation belonging destined to any port or place blocked up by vessels of war blockaded by [a sufficient force] belonging to, in the service of, or co-operating with the United States or commanded by batteries on land so as to render it dangerous to enter therein [so effectually as that one cannot attempt to enter into such port without evident danger].

VIII. All ships or other vessels with their rigging, tackle, apparel and furniture, and with their cargoes, found in the P. possession of pirates.

The following captures shall not be lawful: that is to say:

I. Of ships or other vessels, belonging to a foreign nation other that an enemy, altho laden with the property of such enemy: Ships or vessels, bound to a blockaded, or commanded port or place, as aforesaid being always excepted.

II. Of property, belonging to an enemy, found in a ship or other vessel of a foreign nation, other than an enemy: Contraband goods being always excepted.

III. Of ships or other vessels or their cargoes, to whatsoever nation belonging, under the protection of any foreign power other that an enemy.

No prince, state, nation, power nor people nor subject nor citizen of any of them shall be adjudged an enemy, until some act of the United States in congress assembled shall [have been] made declaratory thereof.

0089 863

The goods, wares and merchandizes, to be adjudged Contraband are the following—that is to say: arms, great guns, bombs, with their fuses, and other things belonging to [Instead of this the articles enumerated in the Treaty between G. B. and the Empress of Russia are to be inserted]. 1 them, cannon, ball, gunpowder, match, pikes, swords, lances, spears, halberts, mortars, petards, grenadoes, salt-petre, muskets, musket balls, bucklers, helmets, breast plates, coats of mail, and the like kind of arms, proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatsoever .

1 TREATY OF COMMERCE BETWEEN G. B. AND RUSSIA, 2. DEC∥ 1734.

10 th . Article It shall be permitted to the subjects of both contracting parties reciprocally in all accustomed places of export to load directs, that the subjects of each party shall pay no more custom or duty, than other nations, and that smuggled merchandize shall be confiscated.

11 th . The subjects of either party may freely pass, repass or travel, in all countries which now are or hereafter shall be at enmity with the other of the said parties (places actually blocked up or beseiged excepted,) provided they do not carry any warlike stores or ammunition to the enemy: as for all other effects, their ships, passengers and goods shall be free and unmolested.

12 th . Cannons, mortars, fire arms, pistols, bombs, granadoes, bullets, balls, fusees, flints, matches, powder, salt petre, sulphur, cuirasses, pikes, swords, belts, pouches, cartouchboxes, saddles and bridles, in any quantity beyond, what may be necessary for the ship's provision, and may properly appertain to, and be judged necessary for every man of the ship's crew, or for each passenger shall be deemed ammunition of war, and if any such be there found, they may seize and confiscate the same. according to law—but neither the vessels, passengers, nor the rest of the goods shall be detained, for that reason, or hindered from pursuing their voyage.

This paper, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 59, III, folio 290.

No goods, wares nor merchandizes, not worked into the form of some instrument or thing prepared for war by land or sea, shall be reputed contraband .

If it shall manifestly appear, that of any entire thing, of which division cannot be made without injury to its value, P. a subject of the enemy, and a citizen or a subject of a foreign power, not being an enemy, are joint holders, the whole shall be condemned and sold for gold or silver: the proper proportion of the neat produce of which shall be deposited in the treasury of the states in which the sale shall be; to be paid to the order of such citizen, or the subject of such foreign power.

0090 864

If such division can be accomplished, but neither the citizen, nor the subject of foreign power, nor his agent shall require P. specific restitution of his proportion, there shall be a sale in the same manner as if the property were indivisible. But if in such case a requisition be made to this effect, the due proportion shall be specifically restored, according to the ratio of the number and value of the property.

Where property shall have been originally captured on land from a citizen of the United States, and shall be recaptured [Passed.] below high water mark by another citizen thereof, restitution shall be made to the former owner upon the payment of a reasonable salvage, not exceeding ¼ of the true value.

In other cases of recapture, in which the original owner and the recaptor shall both be citizens of the United States, restitution [Withdrawn.] shall be made to such owner upon the payment of a reasonable salvage, not exceeding ½ of the true value; unless condemnation restitution shall not be made.

After such condemnation restitution shall not be made.

In either of the receding all cases of recapture by an armed vessel fitted out at the expence of the United States or either of them, the Court shall proceed to assess and [Passed.] determine the rate of salvage, upon the circumstances of risque, trouble and expence in incurred in making the recapture, and so much of the assessment, which would be due to the United States or either of them according to the rules of distribution hereinafter established, shall be remitted to the original owner the [adjudge the proportion reestablished, shall be remitted to of the United States of such recapture to be remitted to the owner.]

In all other cases of recapture in which the original owner or the recaptor shall not be a citizen of the United States, restitution shall be made to the owner without salvage [Passed]. upon payment of ⅓ of the true value for salvage if the property shall have been retaken in less than 24 hours after the capture.

But if it shall not have been retaken until the expiration of 24 [Passed September 13, 1781.] hours after the capture, no restitution shall not be made of the whole or any part.

In all cases of recapture in which a citizen of some one of the United States is wholly or in the greater part interested, on both sides, there shall be adjudged to the recaptor [if a private ship of 0091 865 war or letter of marque and-reprisal] out of the true value of the vessel and cargo or either of them, ⅛ part, if the same have or hath been in the possession of the enemy 24 hours [at the least]; ⅕ part, if more than 24, but less than 48 hours; ⅓ part, if more, than 48, but less than 96 hours; and ½, if more than 96 hours unless there shall have been a [legal] condemnation thereof in some court of admiralty. In this case the whole shall be adjudged to the recaptor.

[In all cases of recapture] (If a person, not being a citizen of some one of the United States, but a subject of a foreign power, other than an enemy, be wholly, or in the greater part interested on either side) no computation shall be made of the time of possession, but the whole shall be adjudged to the recaptor, if the property retaken shall have been peaceably resident in the hands of an enemy upwards of 24. hours.

Besides those who are duly authorized to make captures by a special commission from Congress captures of the property of an enemy shall be allowed, when made

1. By a private vessel not having such commission, satisfactory proof being produced, that they were made in repelling P. a previous attack from an enemy.

P. 2. By any body or detachment of regular soldiers:

3. By inhabitants of the country, if made within cannon shot of the shore .

4 By a subject By an armed vessel [sailing under a See the Special wording of the Minister's letter as to condemnation at the instance of America. commission] of his Most Christian Majesty, during the present war with Great Britain.

5 By the crews of British vessels, while captures of this sort are licensed by the British.

Recaptures shall be made by no other persons, than those authorized to make captures; except the crews of vessels retaken.

Of no capture by an enemy on land, and a recapture thereof below high water mark shall restitution to the former owner be made, unless the property recaptured shall be distinctly and fully identified.

Condemnation shall be had of vessels and other property, brought off by any party of the British enemy.

The destruction of papers or the possession of double papers by any cap captured vessel shall be considered as evidence P. for condemnation, unless good cause be shown to the contrary.

0092 866

From and after the first day of November, which shall be in the year of our Lord 1781, any letters of passport or safe conduct granted before the [27 th .] day of March last, under the authority of Congress to any person whatsoever for the removal of property from a place beyond sea within the dominions or possessions of the British king shall be void.

Upon the capture of a vessel equipped in a warlike manner [commissioned as a Man of War or Privateer, by any of the P. ships of war of these United States], the whole of the property condemned shall be adjudged to the captors, to be divided in the following manner that is to say:

Upon the capture of a [any other] vessel not equipped in a warlike manner, if made by a public vessel [of war] belonging P. to the United States, or any one of them, one half shall be decreed to the United States, or the individual State as the case may be, and the other half to the captors, to be divided as aforesaid:

If by a private vessel having a commission the whole shall be adjudged to the captors to be divided according to contract.

If by a private vessel not having a commission satisfactory proof a roof a previous attack being first made as aforesaid ⅔ [the P. whole] shall be decreed to the United States, and ⅓ to the captors, to be divided, as aforesaid:

If by any body or detachment of regular soldiers the whole shall be adjudged to the captors, to be divided as P. aforesaid:

If by inhabitants of the country being militia in arms upon regular duty for other purposes and within cannon Shot of the Shore, the whole shall be adjudged to the captors and be divided as aforesaid:

If by inhabitants of the country, being militia, in arms, but not upon regular duty, ⅓ shall be adjudged to the State, and the remaining ⅔to the captors to be divided, as aforesaid:

If by inhabitants of the country, being militia but not in arms ⅔ shall be adjudged he remaining ⅓ to the captors, to be divided as aforesaid:

If by a Subject of his most Christian Majesty, the [torn] and division shall be according to the “ordinances de marine”;and

If by the crews of British vessels, the whole shall be adjudged to the captors, (except in those instances, in which the capture P. may belong to an American Citizen) to be divided at the discretion of the Court.

0093 867

The ships and effects of a Citizen of the United States, or a Subject of an ally of the U.S. any foreign State other than Passed Septem r . 17 th ., 1781. an enemy retaken from a pirate and reclaimed by the owner, within a year and a day from the date of the sentence of condemnation, by a petition to the Court which shall have condemned the same, shall be restored to such owner, upon the payment of one third of the value of the ships and effects to the recap for. Where no claim shall be put in within a year and a day, the whole value shall be adjudged to the recaptor. 1

1 This paragraph, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 59, III, folio 304.

On recaptures of a vessel under the protection of an hostile a vessel [belonging to an enemy] equipped in a warlike manner, P. or where the vessel retaken is so equipped the proportion to be withdrawn from the original owner shall be divided as in the case of a capture of an hostile [enemy's] vessel, equipped in a warlike manner.

On recaptures of a vessel, under the protection of an hostile vessel, not equipped in a warlike manner, and where the vessel retaken is not so equipped, the proportion to be withdrawn from the original owner shall be divided, as in the case of a capture of an hostile vessel, not equipped in a warlike manner.

On recaptures by a british crew; the whole of the proportion to be withdrawn from the original owner shall be divided, as in the case of a capture by a british crew.

No part shall be deducted from the proportion, withdrawn from the proportion, withdrawn from the original owner, where the recapture shall have been made by a vessel fitted out at private expence.

Upon the capture of a slave belonging to the enemy, [Recommitted.] he shall be forthwith emancipated.

Upon the recapture of a slave, [negro or mulatto] belonging to [Recommitted; reported again.] a citizen of one of the United States, in which that property is yet tolerated , the same rules shall be observed, as in the recapture of vessels.

The rules of decision in the several courts shall be the resolutions and ordinances of Congress, public treaties, when declared to be so by an Act of Congress, and the law of nations, according to the general usages of Europe. Public treaties shall have the pre-eminence in all trials.

0094 868

This act shall commence in force on the day of next. 1

1 This report, in the writing of Edmund Randolph, except the portions in brackets which are in Thomas McKean's writing, is in the Papers of the Continental Congress , No. 59, III, folios 297–300, 285, 291. It was made from the following draft:

In pursuance of the power delegated to Congress by the Confederation, in cases of capture on water

Be it enacted ordained by the United States in Congress assembled, that from and after the day of next, all resolutions of Congress relating to captures on water and coming within the purview of this ordinance, shall be null and void. But until that day all questions of this sort arising before that day shall be determined at any time during the present war with G. B. according to them in the same manner, as if this ordinance had never been made.

It shall be lawful to capture and make prize to obtain condemnation of the moveable property herein after enumerated; if found on the high seas, or between high and low water mark: that is to say:

1. All ships and other vessels of whatsoever size or denomination, belonging to the king of Great Britain, or any subject of the said king, any power or subject of a power; being an Enemy of the United States of America with their rigging, tackle, apparel and furniture;

2. All goods, wares and merchandizes, slaves being always particularly included in these terms; belonging to the said king, or any of his subjects, any power or subject of a power, being an enemy of the United States of America, borne and found in British the bottom or vessel of an such enemy and all contraband &c: borne &c. on board of any ships or vessels, belonging to a neutral nation.

3. All Contraband goods, wares and merchandizes, belonging to an allied or neutral power. to Wit, (here insert from the Treaty with France,) which, according to law of nations as received among the usages of Europe; are justly denominated contraband, and found in the bottom or vessel of an enemy:

In this description a slave belonging to a neutral power or its subjects actually employed in navigating a vessel authorized to make seizures, shall be included:

4. All vessels, goods, wares, and merchandizes, taken by virtue of letters of marque or reprisal.

5. All vessels, belonging to an ally of the United States if employed in carrying contraband goods, wares or merchandize, or soldiers to the enemy of the United States.

The following Captures shall not be lawful, viz:–

1. of hostile property found in neutral bottoms: contraband goods being always excepted.

2. of hostile property under the protection of neutral coasts , nations or princes.

3. of allied or neutral property found in the ship or vessel of an enemy of the United States, contraband property being excepted as aforesaid.

4. of the property of an ally of the enemy unless contraband or found in the bottom of the enemy; without a special act of Congress to that effect.

5. Qu: if some exception ought not to be made in favor of a Bermudian bringing salt only.

No prince, nor other State, nor any subject of the same shall be adjudged an enemy, until by some act of Congress shall be made declaratory thereof. The goods, wares, and merchandizes to be adjudged contraband are the following: (here enumerate those denominated such in the Treaty of Versailles.)

Hostile property shall be adjudged to be under the protection of neutral nations or princes, when within cannon shot of any territory over which such nations or princes exercise the rights of sovereignty and jurisdiction.

If it shall manifestly appear that of any entire thing, of which division cannot be made without injury to its value, a subject of the enemy and a citizen Express neutral by other than the enemy. or a subject of a neutral power are joint holders, the whole shall be condemned and sold for gold or silver: one half the proper proportion et the neat produce of which shall be deposited in the Treasury of the State in which the sale shall be, to be paid to the order of the citizen or neutral owner:

If such division can be accomplished, but neither the citizen or neutral owner, nor his agent shall require specific restitution of his proportion, there shall be a sale in the same manner as if the property were indivisible; But if in such case a requisition be made to this effect, the due proportion shall be specifically restored according to the ratio of the number and value of the property.

In all cases of recapture, in which a citizen of one of the United States is wholly or Qu: If this ought not to be conformable to the Ordinance which gives whole to recaptors after 24 hours (Yes in recaptures by the ally.) in the greater part interested, on both sides, the former owner shall pay there shall be adjudged to the recaptor out of the true value of the vessel and cargo or either of them ⅛ part; if the same have or hath been in the possession of the enemy 24 hours; ⅕part, if mere the than 24, but less than 48 hours; ⅓ part, if more than 48, but less than 96 hours, and ½ if more than 96 hours, unless there shall have been a condemnation thereof in some court of admiralty. In this instance the whole shall be adjudged to the recaptor.

If a person not being a citizen of some one of the United States but the subject of a foreign power in alliance with them other than the enemy, be wholly or in the greater part interested on either side, no computation shall be made of the time of possession, but the whole shall be adjudged to the recaptor, after 24 hours possession.

If a person not being a citizen of some one of the United States but the subject of a neutral power be wholly or in the greater part interested on either side, the like adjudication shall obtain as in a contest between citizens.

But nothing shall be considered as captured until the battle over, or sure possession be taken by the enemy.

Besides those who are duly authorized to make captures by a special commission the following persons may captures of hostile property shall be allowed in certain circumstances: to wit; those made by–

A private vessel, not having such commission, upon satisfactory proof, that they were made upon the high seas in repelling a previous attack from the enemy:

* Within Cannon Shot of the Shore. Say inhabitants of Country. By any body or detachment of regular soldiers, militia in arms, militia unarmed called to arms by authority or militia not in arms of under such authority, or citizens not liable to militia duty between high and low below high. water mark*

Where upon any contest between joint captors authorized to capture in different characters the courts of appeals and admiralty shall settle the proportions due to each according to their labour, risque, expence, and real influence in capturing.

Recaptures may shall be made by all no other persons than those authorized to make captures: except the crews of vessels retaken.

Condemnation shall be had of vessels and other property brought off by any party of the British enemy in the same manner so long as the, and they shall be adjudged to the party bringing them off, so long as the like rule shall be continued by the enemy.

Of no capture by the enemy on land, and a recapture thereof between high and low below high water mark shall restitution be made, unless the To prevent injury to taker upon a new cargo. property taken distinctly identified: when identified, it shall be subject to the same rules as to the time of its residence in the hands of the enemy, as are above set forth respecting vessels except that in all such cases, possession by the enemy for 96 hours, shall absolutely divest the property of the original owner.

The destruction of papers, or the possession of double papers, by any captured vessel unless good cause be shewn to the contrary or the fighting under the flag of another nation than that from which the commission is derived shall be considered just grounds sufficient evidence for condemnation.

From and after the first day of November, which shall be in the year of our Lord 1781, any letters of passport or safe conduct, granted before the—day of—under the authority of Congress to any person whatsoever, for the removal of property from places within the dominions or possessions of the British King, shall be void.

Distribution shall be as follows:

Upon the capture of a vessel equipped in a warlike manner, the whole with her cargo of the property condemned shall be adjudged to the captors to Apply to M r .Roger Sherman. be divided in the following manner: (E. R. knows not the just proportions)

Upon the Capture of a Vessel not so equipped, if made by a public vessel, belonging to the United States, or an individual, one half shall be decreed to if bro? off by a party. the United States, or such individual State, and the other half to the captors to be divided as aforesaid: if by a vessel fitted out at the expence of a private person, the whole shall be adjudged to him and paid, if he be absent to the commander or any other agent for his use captors: if by a private vessel, not having a commission, proof being made as aforesaid, ⅔ to the United States, and ⅓ to the owner, or if he be absent to the commander, or any other agent for his use, captors: if by a body or detachment of regular soldiers or militia for other purposes upon regular duty in arms under authority the whole shall be adjudged to the Captors to be divided in the following manner [deest] if by Militia not in arms under authority or citizens not liable to Militia duty, ½ to the United States State to which they belong; the other to them, to be divided in the following manner: to wit:

[deest]

Upon the capture of a vessel not equipped in a warlike manner, ⅓ shall be always deducted for the use of the United States, where made by a vessel of war belonging to them, by regular soldiers or by militia in arms under authority; and for the use of any individual State, to which a vessel, militia not in arms under authority or citizens not liable to militia duty making the capture may belong. The balance shall be decreed to the captors, to be divided in the proportions aforesaid according to the case.

A third shall not be deducted, where the capture shall have been made by a vessel fitted out at private expence.

On recaptures of vessels under the protection [of] an hostile vessel equipped in a warlike manner or where the vessel retaken is so equipped the proportion to be deducted withdrawn from the original owner shall be divided, as in the case of a capture of an hostile vessel, equipped in a warlike manner.

Qu: if not best to give the whole of recaptures the recaptors. On recaptures made from an hostile vessel not equipped in a war like manner, or where the vessel retaken shall not be so equipped, the said proportions shall be divided as in the case of a capture of an hostile vessel not equipped in a warlike manner.

But a third or any part shall not be deducted where the capture or recapture shall have been made by a vessel, fitted out at private expence and bearing British Crew. a commission.

Mem: in case of Omission a general reference to be made for the rule of decision established in the Court-law, and to the law of Nations.

Make a clause as to Slaves.

This draft, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 59, III, folio 301. The following on folio 287 is in James Duane's writing:

General Law respecting property. Negroes Mulattos or others whose services shall be claimed by an Enemy shall be emancipated.

But if the service of such negro, mulatto or other person captivated as aforesaid shall not be legally claimed by a citizen of these United States he shall be set at liberty.

0095 869

A resolution in aid of the law erecting the court of appeals; and

An ordinance regulating inferior courts of admiralty in certain cases:

Ordered , That these ordinances be considered on Monday next.

0096 870

The report of the committee on the motion of the delegates of Virginia was taken into consideration, and certain resolutions passed thereon.

On the report of a committee to whom was referred a motion of the delegates of Virginia:

0097 871

The Committee to whom the Resolution relative to supplying the Governor of Virginia with passports for the importation of salt, was referred Report.

That it appears to your Committee that the command which the enemy have of the Sea Coast of Virginia, and the navigable waters thereof, wholly obstructs the importation and manufacture of salt, and their late ravages through the country have reduced the shipping to the lowest state, banished the seamen and destroyed all the salt that fell into their hands.

That a supply of this commodity is absolutely and essentially necessary for that State, as the army there, without salt meat, must experience the greatest sufferings.

0098 872

That the unremitted duty of the Militia, has hitherto prevented and for a considerable time will probably prevent, them from seeking this necessary article at any distance from home.

That notwithstanding these difficult circumstances your Committee considering the many evil consequences arising from opening a trade with the Enemy under any circumstances whatever would have recommended a negative to the Resolution proposed by the Delegates of Virginia, had it not been for the Resolve of Congress of—indulging the State of South Carolina in the like request. Your Committee therefore, apprehending the necessity of doing equal justice to every State in the union under similar circumstances, do recommend the following Resolution:

Resolved , That the President be authorized to furnish his Excellency the Governor of Virginia with eight sets of passports by him licensing either Bermudian vessels to import salt only into Virginia Maryland, or North Carolina for the use of Virginia and to export from thence for Bermudas only, corn and flour to the same amount in return, or license any American Vessels to export corn and flour to Bermudas only, and to import the full value thereof in salt only into Virginia, Maryland or North Carolina, for the use of Virginia. Provided not more than eight vessels in the whole be covered by said Passports, for one voyage each, and that said Passports continue in force only for the space of eight six months from this Date.

[Resolved , That sixteen passports be granted to be employed by the governour of Virginia in protecting such number of vessels as shall be sufficient to import fifty thousand bushels of salt for the use of Virginia; 1

1 This paragraph, in the writing of Joseph Jones, is in the Papers of the Continental Congress , No. 20, II, folio 264.

That eight passports be granted to be employed by the governour of Maryland in protecting such a number of vessels as shall be sufficient to import twenty-five thousand bushels of salt for the use of the State of Maryland.

That the said passports continue in force for the space of six months from the date thereof, and no longer.]

0099 873

Resolved , That the President inform the said governours that nothing less than the pressing necessities of Virginia and Maryland could have induced Congress to relax the resolution made against farther intercourse with the enemy. That an abuse of this indulgence will highly injure the American cause; and that Congress rely on them to guard the same against misapplication by every possible precaution; and to cause the passports to be returned to the President after the accomplishment of the purposes for which they are now granted. 1

1 These resolutions in reference to importation of salt were entered only in the manuscript Secret (Domestic) Journal and in Secret Journal, No. 8. The report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 20, II, folio 261. The portion in brackets is not in the report.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, AUGUST 15, 1781

A letter, of 10, from J. Storey, was read; 2 Whereupon,

2 This letter is in the Papers of the Continental Congress , No. 78, XXI, folio 105.

Ordered , That J. Storey be informed that Congress do, at his request, dispense with his farther service.

A petition of George Fisher was read:

Ordered , That it be referred to the auditors of accounts at Albany, who are to liquidate the account of the petitioner agreeably to the principles established by Congress in such cases. 3

3 This paragraph, as an extract from the minutes, is in the Papers of the Continental Congress , No. 138, I, folio 483.

A report from the Board of War was read; Whereupon,

At a Board of War August 14 th . 1781

Present M r . Grayson

M r . Cornell

Lieutenant Verdier of Colonel Armand's Legion had the misfortune some time ago of being captured by the enemy in Virginia, when in 0100 874 the execution of an important commission from the Baron Steuben. He is now on parole in this City, and has applied to the Board for an advance of money on account, which they are not authorized to grant without the approbation of Congress.

As it seems but just that this gentleman should receive the same sums as have been allowed to other officers of equal rank under similar circumstances.

The Board beg leave to report

Resolved , That the Board of War be and hereby are authorised to draw a warrant on the paymaster general, in favour of Lieutenant Verdier of Armand's corps, a prisoner on parole, for six months' nominal pay in bills of the new emission, for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 161.

The report of the committee on the communications of the hon ble the Minister of France was taken into consideration, and after debate:

War Office Aug 15 th 1781 .

Sir ,

The Board have considered that part of the report respecting Mr Pepin, which has been recommitted, and beg leave to observe that the contracts for this Post are framed in such a manner as not to admit persons of this description.

When it was under consideration to furnish the citizens of South Carolina with rations, the Board applied to the Financier on the subject who did not think himself authorized to appropriate the money in his hands to this purpose. He also observed that he did not conceive himself responsible for rations which were out of the purview of the contract. The Board have understood the Financier wrote to Congress on the occasion and that in consequence thereof that mode of furnishing the South Carolina Citizens was laid aside.

The Board are at a loss how to supply Mr Pepin and his family with rations, except they draw for that purpose on the contractor, which is a method they think it will be impolitic to adopt; the permitting persons not concerned with the army to draw rations, has been heretofore productive of great abuses as well as considerable expence. The Board in forming the contracts had it in contemplation to guard against the inconvenience in future. If however it is the will of Congress that M r Pepin shall be supplied in this manner 0101 875 and they will be pleased to signify it to the Board, it shall be immediately done. This man has a wife and six children in great distress, who it is very probable will suffer considerably if something is not done for their relief. If Congress think it expedient to assist him the Board are of opinion it will be more advisable to do it by means of a sum of money. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 165. It appears to have been read on this day.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, AUGUST 16, 1781

A letter, of 13, from General Washington; and

A letter, of 12, from Colonel Pickering, quartermaster general, were read. 2

2 Washington's letter is in the Papers of the Continental Congress , No. 152, X, folio 215; Pickering's is in No. 192, folio 77.

The committee to confer with agents appointed by the people of the New Hampshire grants on the west side of Connecticut, and to whom was referred a letter from J. Fay, I. Allen and B. Woodward, delivered in a report.

The Committee appointed to confer with persons appointed by the people of Vermont & c . report

That your Committee this morning met Jonas Fay, Ira Allen, and Bezaleel Woodward Esquires Agents from the people of Vermont and exchanged powers with them mutually rec d . from their constituents.

That your Committee on carefully examining the Commission from Thomas Chittenden Esq r . stiling himself Cap t . Gen l . Gov r and Commander in Chief of the State of Vermont (hereunto annexed) came to an unanimous opinion that the s d . Agents were not Authorized to treat with your Committee agreeable to the Resolutions of Congress appointing your Committee and by which they consider themselves strictly bound, for that

The s d . Commission bears a prior date to the said Resolutions of Congress and is not founded thereon.

That it appeared to your Committee by the information of the said Agents, that the said Commission was given in consequence of the Representative Authority of people Inhabiting on the East side of Connecticut River, and on the East side of Hudsons River within the 0102 876 twenty mile Line, together with the people of Vermont, Wherefore your Committee submit to Congress whether they should proceed in the said conference. 1

1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 40, II, folio 85.

The consideration of the report on the communications from the hon ble the Minister of France was resumed and concluded.

On the report of the committee, consisting of Mr. [John] Witherspoon, Mr. [Daniel] Carroll, Mr. [James Mitchell] Varnum, Mr. [John] Sullivan and Mr. [John] Mathews, to whom was re-committed their report on the communications from the honorable the Minister of France, and who were instructed to report instructions to the honourable John Adams, respecting a treaty of alliance with the United Provinces of the Netherlands: 2

2 These resolutions and the commission following were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III.

Resolved , That the minister plenipotentiary of these United States at the Court of Versailles be directed to inform his Most Christian Majesty, that the tender of his endeavours to accomplish a coalition between the United Provinces of the Netherlands and these states hath been received by Congress, as a fresh proof of his solicitude for their interests. That previous to the communication of this his Most Christian Majesty's friendly purpose, Congress, impressed with the importance of such a connexion, had confided to Mr. John Adams full powers to enter, on the part of the United States, into a treaty of amity and commerce with the United Provinces, with a special instruction to conform himself therein to the treaties subsisting between his Most Christian Majesty and the United States. That Congress do, with pleasure, accept his Most Christian Majesty's interposition, and will transmit further powers 0103 877 to Mr. Adams [their minister at the Hague] to form a defensive [treaty of] alliance between his Most Christian Majesty, the United Provinces, and the United States, having for its object, and limited in its duration to, the present war with Great Britain. That he will be enjoined to confer on all occasions in the most confidential manner with his Most Christian Majesty's minister at the Hague; and that provisional authority will also be sent to admit his Catholick Majesty as a party.

Resolved , That Mr. John Adams [the minister plenipotentiary of these United States at the Hague] be and he is hereby instructed to propose a defensive [a treaty of] alliance between his most Christian Majesty, the United Provinces of the Netherlands, and the United States of America, having for its object, and limited in its duration to, the present war with Great Britain, and conformed to the treaties subsisting between his Most Christian Majesty and the United States.

That the indispensable conditions of the alliance be, that their High Mightinesses the States General of the United Provinces of the Netherlands shah expressly recognise the sovereignty and independence of the United States of America, absolute and unlimited, as well in matters of government as of commerce. That the war with Great Britain shall be made a common cause, each party exerting itself according to its discretion in the most effectual hostility against the common enemy; and that no party shall conclude either truce or peace with Great Britain without the formal consent of the whole first obtained; nor lay down their arms until the sovereignty and independence of these United States shall be formally or tacitly assured by Great Britain, in a treaty which shall terminate the war.

0104 878

That Mr. J. Adams [the said minister] be and he hereby is farther instructed, to unite the two republicks by no stipulations of offence, nor guaranty any possession of the United Provinces. To inform himself, Mr. John Jay from [the minister of these United States at the Court of Spain,] of the progress of his negotiations at the said Court; and if an alliance shall have been entered into between his Catholick Majesty and these United States, to invite his Catholick Majesty into the defensive alliance herein intended; if no such alliance shall have been formed, to receive his Catholick Majesty, should he manifest a disposition to become a party to the alliance herein intended, according to the instructions given to Mr. Jay [the said minister] at the Court of Spain.

Withdrawn by unanimous consent. And to enter into no Treaty of amity commerce with the United Provinces unless the alliance aforesaid shall be assented to on their part, if overtures from which he cannot with honor recede shall not have been already made by virtue of his former instructions.

[That in all other matters not repugnant to these instructions, the said minister at the Hague do use his best discretion.]

Resolved , That the minister plenipotentiary of these United States at the Hague be and hereby is instructed to confer in the most confidential manner with his Most Christian Majesty's minister there.

Ordered , That the foregoing resolutions be communicated to Dr. Franklin and Mr. Jay requiring them to [our ministers at the Courts of Versailles and Madrid, that they may] furnish every information and aid in their power to Mr. Adams [our minister at the Hague] in the accomplishment of this business.

0105 879

Ordered , That a Plenipotentiary Commission be prepared authorising Mr. John Adams to enter into the defensive alliance aforesaid:

Resolved , That a plenipotentiary commission be prepared authorizing Mr. Jay to assist in the preceding negotiation should his Catholick majesty a disposition to become a party to the defensive alliance. 1

1 This report, in the writing of Edmund Randolph, except the portions in brackets which are in Thomas McKean's writing, is in the Papers of the Continental Congress , No. 25, I, folio 463.

Resolved , That the following commission be issued to Mr. John Adams, for the purpose aforesaid:

The United States in Congress assembled to all who shall see these presents, send greeting.

Whereas a union of the force and coalition of the several powers engaged in the war against Great Britain may have a happy effect in conducting tendency to bring the said war to a happy speedy and favourable issue; and it being the desire of these United States to cement an union and more intimate connexion form an alliance between them and the United Provinces of the Netherlands: Know ye, therefore , that we, confiding in the integrity, prudence and ability of the honourable John Adams, late commissioner of the United States of America at the Court of Versailles, late delegate in Congress from the State of Massachusetts and chief justice of the said State, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him the said John Adams, our commissioner minister plenipotentiary, giving him full powers, general and special, to act in that quality, to confer, treat, agree and conclude, with the person or persons vested with equal powers by his Most Christian 0106 880 Majesty, and their High Mightinesses the States General of the United Provinces of the Netherlands, of and concerning a treaty of alliance between his Most Christian Majesty, the United Provinces of the Netherlands, and the United States of America; and whatever shall be so agreed and concluded for us and in our name, to sign, and thereupon to make such treaty, conventions and agreements as he shall judge conformable to the ends we have in view; hereby promising, in good faith, that we will accept, ratify and execute whatever shall be agreed, concluded and signed by him our said minister.

In witness whereof we have caused these presents to be signed by our President, and sealed with his seal. Done at Philadelphia, this sixteenth day of August, in the year of our Lord one thousand seven hundred and eighty-one, and in the sixth year of our independence, by the United States in Congress assembled. 1

1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 25, I, folio 457.

(Signed) Thomas McKean , President .

Attest.

Charles Thomson , Secretary .

Adjourned to 10 o'Clock to Morrow.

FRIDAY, AUGUST 17, 1781

A letter, of 8, from General George Washington, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 152, X, folio 211. It is printed in the Writings of Washington (Ford), IX, 332.

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

The members, Mr. [Elias] Boudinot, Mr. [James Mitchell] Varnum, Mr. [Roger] Sherman.

0107 881

A letter, of 9, from General P. Schuyler, was read, with a letter enclosed from J. Deane: 1

1 This letter is in the Papers of the Continental Congress , No. 153, III, folio 565.

Ordered , That so much thereof as relates to money be referred to the Superintendant of Finance;

That so much therefore as relates to the Caghnawaga Indians be referred to a committee of three:

The members, Mr. [James] Duane, Mr. [Samuel] Livermore, Mr. [Joseph] Jones.

A letter, of 16, from Brigadier General Moultrie was read, with a memorial from sundry officers late from South Carolina and Georgia: 2

2 This letter is in the Papers of the Continental Congress , No. 158, folio 521.

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

The members, Mr. [John] Mathews, Mr. [Elias] Boudinot, Mr. [James Mitchell] Varnum, Mr. [Samuel John] Atlee.

A memorial from D. C. Claypole, printer, was read: 3

3 This memorial, dated August 17, 1781, is in the Papers of the Continental Congress , No. 41, II, folio 114; the letter transmitting it is in No. 78, VI, folio 51.

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

A report from the committee of the week was read; Whereupon,

That the memorial of Nathan Dorsey surgeon in the Continental Navy now in this City on his parole, from New York, requesting that his account may be settled and the balance paid him is reasonable and as there is at this time no Admiralty Board to attend to and adjust his claim that—Pinnel Paymaster of the Navy Board be authorised to settle the account of the Memorialist and certify the same to Congress.

That the Petition of Joseph McMullin praying that the hire of his waggon and four horses employed in the service of the public in the Southern Department and the price of the said Team which he afterwards sold to the public may be paid him, be referred to the Board of War to report. 4

4 This report, in the writing of Joseph Jones, is in the Papers of the Continental Congress , No. 32 Folio 221.

0108 882

Ordered , That a memorial of Nathan Dorsey, surgeon of the continental navy, be transmitted to Joseph Pennel, paymaster of the navy board, who is hereby authorised to settle the account of the memorialist, and certify the same to Congress;

That a petition of Joseph McMullin be referred to the Board of War.

A petition of G. Crowninshield, N. Silsbee and J. Collins, merchants of Salem, was read: 1

1 This petition is in the Papers of the Continental Congress , No. 42, II, folio 118.

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

The members, Mr. [Edmund] Randolph, Mr. [Nicholas] Van Dyke, Mr. [James] Duane.

Congress took into consideration the report of the committee appointed by the resolution of the 7th, to confer with agents to be appointed by the people of the New Hampshire Grants, on the west side of Connecticut river; and to whom was referred a letter from Jonas Fay, Ira Allen and Bezaleel Woodward, wherein they represent, that the said J. Fay, I. Allen and B. Woodward, have produced to them a commission, under the hand of Thomas Chittenden, esq. empowering them, among other things, “to repair to the American Congress, and to propose to and receive from them terms of an union with the United States”; Whereupon,

The United States in Congress Assembled desirous of bringing to speedy decision the claim of the people inhabiting the Territory called Vermont to independence and an admission into the confederation, upon the grounds laid down in the resolutions of the 7th day of this instant, and Jonas Fay, Ira Allen, and Bezaleel Woodward Esquires producing a commission under the hand of Thomas Chittenden Esquire, impowering them among other things to propose to and receive from them terms of an Union of this said Territory with the United States, and requesting to be heard on the subject of their mission.

0109 883

Resolved , That it be an instruction to the Committee appointed under the resolutions aforesaid to confer with [receive the propositions of] the said Jonas Fay, Ira Allen and Bezaleel Woodward Esquires in the same manner, as if they had been commissioned according to the said resolutions giving [relating to the subject of their mission and to give] notice to the Delegates attending Congress from New Hampshire and New York of the time and place of such conference [receiving such propositions] and to report thereupon.

Resolved , That this resolution shall not be construed into a departure from the pledge made by Congress in the resolutions aforesaid to the States aforesaid. 1

1 This report, in the writing of Edmund Randolph, except the portions in brackets, which are in that of Thomas McKean, is in the Papers of the Continental Congress , No. 40, II, folio 87.

Resolved , That it be an instruction to the committee to confer with the said Jonas Fay, Ira Allen and Bezaleel Woodward, on the subject of their mission.

Adjourned to 10 o'Clock on Monday.

MONDAY, AUGUST 20, 1781

A letter, of 6, from W. Winthrop, was read:

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

A letter, of July 1, from Sam 1 Parsons at Martineque; and

A letter, of 7 February, from O. Pollock at New Orleans, was read. 2

2 Pollock's letter is in the Papers of the Continental Congress , No. 50, folio 261.

A letter, of 18, from J. Brown, enclosing a letter, of 14, from Mr. Holker, with sundry papers enclosed, was read:

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

The members, Mr. [Daniel of St. Thomas] Jenifer, Mr. [William] Sharpe, Mr. [George] Clymer.

The committee of the week made report; Whereupon,

0110 884

Ordered , That a letter, of 16, from James Jay be referred to a committee of three: 1

1 Jay's letter is in the Papers of the Continental Congress , No. 78, XIII, folio 253. The committee report, in the writing of James Mitchell Varnum, is indorsed on the letter, and recommends that 4586 3/7 5/0 dollars specie be passed to the credit of Sir James Jay.

The members, Mr. [James Mitchell] Varnum, Mr. [John] Mathews, Mr. [Samuel John] Atlee;

That a letter, of 20, from Doctor Oliphant, with a paper enclosed, be referred to the Board of War.

A letter, of 29 May, from Major General Greene, was read, with sundry papers enclosed: 2

2 O1yphant's letter is in the Papers of the Continental Congress , No. 78, X–VII, folio 337; Greene's is in No. 155, II, folio 91.

Ordered , That they be referred to the Committee of Intelligence.

The committee of the week was chosen:

Mr. [Samuel John] Atlee, Mr. [James] Madison, Mr. [Samuel] Livermore.

A report from the Board of Treasury of the 16 was read, respecting bills of exchange drawn by British officers, for their subsistance while prisoners of war in the State of Connecticut, returned protested.

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

The members, Mr. [Elias] Boudinot, Mr. T[homas] Smith, Mr. [George] Clymer.

Another report from the Board of Treasury was read, respecting sums of old continental money in sundry loan offices, &c.:

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

The members, Mr. [James] Duane, Mr. [Roger] Sherman, Mr. [Joseph] Jones.

A report of the Board of War was read on the letter of Captain J.P. Jones, Major S. Nicholas, and a petition of Joseph Hardy:

0111 885

War Office August 15 th . 1781 .

Sir ,

The Board have considered the memorial of Captain P. Jones, Major S. Nichols and Captain J. Hardy referred to them, and beg leave to observe that they are altogether unacquainted with the affairs of the Navy; as they are not possessed of any of the papers relative to the transaction of that Department. They know not what sums of money those Gentlemen have received, or what is due, or on what funds to recommend warrants for payment, without being liable to derange the appropriation of the funds already made in that Department; they are likewise unacquainted with the rank and mode of giving command to the marine officers; under these circumstances we flatter ourselves Congress will pardon us in wishing not to give our opinion on a subject we have so little knowledge of. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 193.

Ordered , That the same be referred to the committee on the letter from J. Brown.

The Board of War, to whom was referred a petition of Fabian Hamerly; and

War Office August 15 th . 1781 .

Sir ,

The Board have considered the memorial of Fabian Hamerly referred to them, and beg leave to inform Congress that previous to exhibiting his memorial he applied to the Board, and was informed by them, that they were of opinion the moneys charged were justly due; but from the low state of the Finances he could not receive immediate payment; but supposed he might have his money funded on interest until it could be paid. Which the Board are fully convinced is all the Superintendent of Finance will be able to do on account of monies due before his entering into office? 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 179.

The Board of Treasury, to whom was referred the letter, of 9, from Cha Pettit, delivered in their respective reports.

Treasury Office August 15 th . 1781

The Board of Treasury on the letter of Charles Pettit, dated August 9 th referred to them by the United States in Congress Assembled, beg leave to report,

0112 886

That were it proper for the Board to recommend an advance to Colonel Pettit to pay the clerks, mentioned in his letter, employed in the business of the late Quartermaster General's Department, it would be needless in the present instance from the exhausted state of the Treasury, which cannot admit of any draughts in specie or paper. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 443.

The committee to whom was referred the letter, of the 16, from Brigadier General Moultrie, enclosing a memorial from sundry officers of the South Carolina and Georgia lines, delivered in a report; Whereupon,

Ordered , That the Board of War direct rations of wood to be issued to the said officers until the further order of Congress. 2

2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 19, IV, folio 463.

The committee appointed to confer with Jonas Fay, Ira Allen and Bezaleel Woodward;

The committee on the letter, of 8, from General Washington; and

The committee to whom was referred the memorial of G. Crowninshield and others, delivered in their respective reports:

Congress took into consideration the report of the committee appointed to confer with J. Fay, I. Allen and B. Woodward, and thereupon came to the following resolution:

The Committee appointed to confer with Jonas Fay Ira Allen and Bezaleel Woodard Esq rs . Agents from the State of Vermont Report,

That your Committee on the 18 th . Inst met the Agents from the State of Vermont and having informed them of the purpose of their present conference and that the Committee were ready to hear any proposition or to receive any Information the s d . Agents should think proper to communicate they delivered to your Committee the paper writing numbered i That thereupon Your Committee stated a 0113 887 number of Questions in writing and requested written answers thereto from the s d . Agents which we accordingly returned to your Committee and both Questions and Answers are contained in the Paper writing numbered (2)

That your Committee having thus obtained all the Information on the subject referred to them, that the s d . Agents could communicate beg leave to submit the same to Congress, together with sundry papers delivered to your Committee by the s d . Agents for the Information of Congress relative to the past proceedings of the State of Vermont. 1

1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 40, II, folio 1.

It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New York, contained in the resolutions of the 7th instant:

Resolved , That it be an indispensible preliminary to the recognition of the independence of the people inhabiting the territory called the state of Vermont, to independence and an their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line, beginning at the north-west corner of the State of Massachusetts, thence running twenty miles east of Hudson's river, so far as the said river runs north-easterly in its general course; then by the west bounds of the townships of Wells, Poultney, Castleton Hughbarton and Dunbar to Weedereek thence all along the same granted by the late government of New Hampshire to the river running from South Bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude 45 degrees north, excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain.

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

0114 888 New Hampshire, Mr. Livermore, ay * Massachusetts, Mr. Partridge, ay ay Osgood, ay Rhode Island, Mr. Mowry, ay * Connecticut, Mr. Ellsworth, ay ay Sherman, ay New York, Mr. Duane, no L'Hommedieu, no New Jersey, Mr. Boudinot, ay ay Elmer, ay Pennsylvania, Mr. Atlee, ay Clymer, ay ay T. Smith, ay Delaware, Mr. McKean, ay ay Van Dyke, Maryland, Mr. Jenifer, Carroll, Virginia, Mr, Madison, ay Bland, ay M. Smith, ay Randolph, ay North Carolina, Mr. Sharpe, ay * South Carolina, Mr. Mathews, no Bee, ay Eveleigh, ay Georgia, Mr. Walton, ay Howly, ay

So it was resolved in the affirmative.

The committee to whom was referred the report of the Board of Treasury respecting bills of exchange delivered in a report.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, AUGUST 21 1781

The committee of the week made report; Whereupon,

Ordered , That a petition from William Hardy and Jane his wife, administratrix of the late Captain Hawkins Boon, be referred to the Board of War;

That a memorial from Alexander McCasky be referred to the Board of Treasury. 1

1 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress , No. 32, folio 223; McCaskey's memorial, dated August 21, 1781, is in No. 41, VI, folio 263; Hardy's petition is in No. 42, III, folio 423.

0115 889

The report of the committee ∥consisting of Mr. Boudinot, Mr. Varnum, Mr. Sherman∥ on the letter, of the 8, from General Washington, was taken into consideration, wherein the committee state:

The Committee to whom the letter from the Commander in Chief of the 8 th instant was referred do report

“that at a meeting of the commissaries of prisoners for both parties, at Germantown, in the month of June, 1778, a demand was made by the American commissary for payment of a number of Canadian officers, taken at St. John's and Chamblee, and sent into the British lines in 1776. The British commissary at the same time demanding an allowance for four hundred and forty American prisoners taken at the Cedars, and returned on parole: that it was then agreed between the said commissaries that both these demands should rest, one against the other, till the British commissary should obtain a certificate”; from Governor Carleton of Canada, testifying the true rank of the said Canadian Officers, when a mutual settlement of each of these demands should be made. That the British Commissary hath not yet given any notice of his having obtained any such certificate.

Your Committee beg leave to submit the following resolutions:

Whereupon,

Resolved , That the Commander in Chief be, and he is hereby authorised, to go into a full exchange of Lieutenant General Burgoyne, and all the remaining officers of the Convention of Saratoga, with the enemy, in such manner as to him shall appear most conducive to the general interests of the United States.

Resolved , That the prisoners taken by the enemy at the Cedars, may be considered as subjects of exchange, notwithstanding any former resolutions of Congress to the contrary; and that the Commander in Chief be, and hereby is instructed 0116 890 to charge in the intended exchange, the several officers taken in Canada, and whose ranks were disputed by the enemy and engaged by their commissary to be settled and adjusted in manner aforesaid, according to the ranks mentioned in their paroles, unless the enemy produce sufficient proof of a different rank. 1

1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 19, VI, folio 359.

The report of the committee on the report of the Board of Treasury relative to certain bills of exchange, was taken into consideration; and, thereupon,

Resolved , That the Commander in Chief be, and he is hereby instructed to remonstrate to the commanding officer of the British troops, on the subject of sixteen sets of bills of exchange, drawn by sundry British officers prisoners of war, in payment of the allowance of two dollars per week, allowed them by Congress, and by the said officers ordered to be protested, as appears by the several protests attending the said bills; and that he report the answer of the said commanding officer to Congress:

Ordered , That the Board of Treasury furnish the commander in Chief with certified copies of the said bills, protests, and the letters attending them, without mentioning the name of William Donaldson the writer of one of the letters. 2

2 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 26, folio 309.

The report of the committee on the report of the Board of War respecting Robert Elliot, lieutenant on an expedition to New Orleans, was taken into consideration; and Thereupon,

Ordered , That the Board of War issue a warrant on the paymaster general, in favour of Robert Elliot, for thirty-three pounds seven shilling and sixpence Pensylvania currency eighty-nine dollars specie that sum appearing to be 0117 891 due to him from the first day of January, 1778, to the last of March inclusive for pay and retained rations. 1

1 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress , No. 19, II, folio 217.

On motion of the committee to whom was referred the report of the Board of Treasury of the 20th:

Ordered , That so much of the said report as relates to supplying money to the steward of the household of his Excellency the President of Congress be referred to the superintendant of finance to take order.

A report of the Board of War, of the 14th, [13th] was taken into consideration, and after debate:

War Office August 13 th . 1781 .

Sir ,

The Board have transmitted the memorial of the officers of the fourth Regiment of Artillery referred to them, to the Commander in Chief for his sentiments and have the honor to enclose Congress the copies of his letters on this subject. The Commander in Chief is of opinion that the resolve of the 25 th of May had not a retrospective operation and that therefore all promotions antecedent to this period should be made agreeable to the practice then existing which was that the officers of the four Regiments of Artillery and four Regiments of Cavalry respectively should rise lineally in the rank of field officers and regimentally to Captaincies.

The officers of the Fourth Regiment seem to rely on several resolves of Congress as set forth in their Memorial, and on the Articles of Confederation, and are of opinion that after their ratification the lineal connection with respect to the four Regiments of Artillery was dissolved. The Articles of Confederation were ratified the first day of March in the present year and Col. Proctor resigned the 19 th of April.

The Board beg leave to suggest to Congress the necessity of a speedy determination as there is great uneasiness among the officers which in all probability may affect the good of the service. The Commissions required by the Commander in Chief in his letter of the 8 th of June have been made out; but are [not] authorized untill the pleasure of Congress shall be known. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 197.

0118 892

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

The members, Mr. [James Mitchell] Varnum, Mr. [Theodorick] Bland, Mr. [Roger] Sherman:

Ordered , That two members be added to the committee on the report of the Board of War of the 9th:

The members added, Mr. [Samuel John] Atlee, Mr. [George] Walton.

The delegates of Virginia laid before Congress a letter, of 19th, from A. Spotswood: 1

1 This letter is in the Papers of the Continental Congress , No. 78, XXI, folio 109.

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

The members, Mr. [James Mitchell] Varnum, Mr. [James] Duane, Mr. [Theodorick] Bland.

On a reconsideration of the resolution respecting the people inhabiting the New Hampshire Grants, it was altered and agreed to as follows:

It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New York contained in the resolution of the 7th instant,

Resolved , That it be an indispensible preliminary to the recognition of the independence of the people inhabiting the territory called Vermont and their admission into the federal Union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river and on the west side of a line beginning at the northwest corner of the State of Massachusetts, thence running twenty miles east of Hudson's river so far as the said river runs northeasterly in its general course, then by the west bounds of the townships granted by the late government of New Hampshire to the river running from South Bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude forty-five degrees north, excepting a neck of 0119 893 land between Missiskoy Bay and the waters of Lake Champlain.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, AUGUST 22, 1781

A letter, of 17, from General Washington, was read: 1

1 A copy of this letter is in the Papers of the Continental Congress , No. 169, volume 8, page 171.

Ordered , That it be referred to the committee appointed on the 28 of July to confer with the Commander in Chief, the superintendant of finance and the Board of War.

A memorial of Christian Wirtz; and

A letter, of 22, from M. Livingston, were read: 2

2 Livingston's letter is in the Papers of the Continental Congress , No. 78, XIV, folio 485.

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

On motion of Mr. [George] Walton, seconded by Mr. [Richard] Howly:

Ordered , That the report of the Board of Treasury, of the 11, on the memorial of Alexander Heguy, be referred to a committee of three:

The members, Mr. [William] Sharpe, Mr. [George] Walton, Mr. [Jonathan] Elmer.

On motion of Mr. [James] Madison, seconded by Mr. [Edmund] Randolph,

Resolved , That in case General Burgoyne shall have been exchanged for the hon ble Henry Laurens, credit shall be given for the officers which may be received for him in the general exchange, authorised by the resolution of the 21st.

The committee to whom was referred the business before the grand committee delivered in a report:

Ordered , That it be an order of the day for to Morrow.

0120 894

The Committee appointed to prepare an Exposition of the Confederation, a plan for its complete execution and supplemental articles report,

That they ought to be discharged from the exposition of the Confederation because such a comment would be voluminous if coextensive with the subject, the omission to enumerate any Congressional powers become an argument against their existence, and it will be early enough to insist upon them, when they shall be exercised and disputed.

They farther report that the Confederation requires execution in the following manner

1 By adjusting the mode and proportions of the Militia aid to be furnished to a sister State labouring under Invasion.

2 By describing the privileges and immunities to which the citizens of one State are entitled in another.

3 By setting forth the conditions upon which a criminal is to be deliv d up by one State upon the demand of the executive of another.

4 By declaring the method of exemplifying records and the operation of the Acts and judicial proceedings of the Courts of one State contravening those of the States in which they are asserted.

5 By a form to be observed in the notification of the appointment or suspension of Delegates.

6 By an oath to be taken by every Delegate against secret trusts of salaries.

7 By specifying the privileges of delegates from arrests, imprisonments, questioning for free speech and debates in Congress saving as well their amenability to their constituents, as protesting against the authority of individual legislatures to absolve them from obligations to secrecy.

8 By instituting an oath to be taken by the Officers of the U.S. or any of them against presents, emoluments, office or title of any kind from a King Prince or Foreign State.

9 By one universal plan of equipping, training and governing the Militia.

10 By a scheme for estimating the value of all land within each State granted to or surveyed for any person or persons together with the buildings and improvements thereon: and the appointment of certain periods at which payment shall be made.

11 By establishing rules for captures on land and the distribution of the sales.

0121 895

12 By ascertaining the jurisdiction of Congress in territorial questions.

13 By erecting a mint.

14 By fixing a Standard of weights and measures throughout the U.S.

15 By appointing a Com ee for Indian affairs.

16 By regulating the Post-Office.

17 By establishing a Census of white Inhabitants in each State.

18 By publishing the Journal of Congress monthly.

19 By registering seamen.

20 By liquidation of old accounts against the U. S: and

21 By providing means of animadverting on delinquent States.

Resolved , that of the preceding articles, the 9 th be referred to the Board of War, the 13 th 14 th and 16 th to the Sup t of Finance and the others to a Com ee in order that the subject matter thereof may be extended in detail for the consideration of Congress.

And Your Committee further report,

That as America became a Confederate Republic to crush the present and future foes of her Independence;

As of this Republic a general Council is a necessary organ;

And without the extension of its power in the cases hereinafter enumerated War may receive a fatal inclination and peace be exposed daily convulsion;

It be resolved to recommend to the Several States to authorise the U.S. in Congress assembled,

1 To lay Embargoes in time of war without any limitation.

2 To prescribe rules for impressing property into the service of the S. during the present war.

3 To appoint the Collectors of and direct the mode of accounting for taxes imposed according to the requisitions of Congress.

4 To recognise the Independence of and admit into the federal Union any part of one or more of the U.S., with the consent of the dismembered State.

5 To stipulate in treaties with foreign nations for the establishment consular power, without reference to the States individually.

6 To destrain the property of a State delinquent in its assigned proportion of Men and Money.

7 To vary the rules of suffrage in Congress, taking care that in questions for waging war

0122 896

Granting letters of marque and reprisal in time of peace

Concluding or giving instructions for any alliance

Coining money

Regulating the value of coin

Determining the total number of land and sea forces and allotting to each State its quota of men or money.

Emitting bills of credit. Borrowing money.

Fixing the number and force of Vessels of War, and appointing a Commander in Chief of the Army and Navy. At least two thirds of the U.S. shall agree therein.

Resolved , That a Com ee be appointed to prepare a representation to the several States of the necessity of these supplemental powers and of pursuing in the modification thereof, one uniform plan. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress, No. 24, folio 49. It is indorsed “delivered in August 22, 1781. Committee: Mr. Randolph, Mr. Ellsworth, Mr. Varnum”, and is in the list of postponed reports in No. 31, folio 371-3.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, AUGUST 23, 1781

A memorial from the hon ble the Minister of France was read:

Ordered , That it be referred to the committee on the proposed convention respecting the powers, &c., of consuls, vice consuls and agents. 2

2 This order was also entered in manuscript Secret Journal, Foreign Affairs.

A report of the committee of the week was read; Whereupon,

Ordered , That a petition of John Compti be referred to the Board of War. 3

3 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress, No. 32, folio 227.

The report of the committee on the report of the Board of War on the letter, of 27 July, from T. Pickering, quartermaster general, respecting forage collected and used in Westchester 0123 897 County, was taken into consideration, and after debate:

The Committee to whom was referred the Report of the Board of War upon the Quarter Master General's Letter respecting Forage in West Chester County in the State of New York, beg Leave to report the following Resolution:

That the Quarter Master General take an exact Account of the Number of Horses, Oxen and fat Cattle belonging to the Allied Army, that have been or shall be pastured in the County of West Chester in the State of New York during the present campaign, ascertaining the Number of days respectively; and the numbers of Horses, Oxen, and fat Cattle belonging to each Army, and give Certificates and that he give Certificates accordingly from Time to Time to any person or persons who shall be authorised to receive the same.

Resolved , That the allowance and Pay for Forage consumed as aforesaid, must be referred to future Adjustment and a Settlement between the United States and the State of New York. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, V, folio 163. See post , September 7.

Ordered , That it be re-committed.

J. Pennel, paymaster of the navy board, having according to order settled the account of Nathan Dorsey and certified the same to Congress:

Ordered , That it be returned to him for payment.

The report of the committee on the letter, of 18 June, from the governor of Massachusetts, was taken into consideration, and after debate:

Ordered , That the same be referred to the superintendant of finance, and that he report thereon with all convenient dispatch.

The report of the committee on the reports before Congress previous to the 25 July was taken into consideration; and Thereupon,

The committee appointed to revise the reports depending before Congress on the sixth 25 th day of July 1781, and report which of them 0124 898 are fit to be acted upon, report that the following reports of the Board of War, to wit: The reports—

Bearing date.

For discharging the brigade chaplain of light dragoons 27 May 1779

For paying for the leaden spouts, taken for public use from the city of Philadelphia 24 July 1779

For recompencing James Byars for laying himself out for the business of a public founder, and cancelling the contract made with him 23 Dec. 1780

For paying Benjamin Darrell for the hire of a vessel, employed in transporting certain persons (prisoners) from Charlestown 17 July 1781

For equipping Geographer Hutchins 17 July 1781

For paying for the passage of certain officers from Charlestown 20 July 1781

Ought to be acted upon.

That the report relative

To arms, cloathing, &c being private property lost by soldiers 3 Dec. 1779

Bearing date.

To the rank and leave of absence for Colo. Fleury 3 Feb. 1781

To equipping Moylan's regiment 7 Mar. 1781

To the western department 19 Mar. 1781

To the rank of Brigadier General Thompson 3 Apr 1 1781

To furnishing money to Dr. Peres 16 May 1781

To the medical department 11 June 1781

To permitting Lieutenant Moore of the Convention prisoners to go to Ireland on parole 12 June 1781

To the western frontiers on Colo. Broadhead's information 13 June 1781

To the pay of J. D. Weaver, a discharged hospital mate 20 June 1781

Ought not to be acted upon.

That the following reports from the Board of Treasury, to wit: The report relative—

Bearing date.

To the payment of interest on loan office certificates 21 Jan y . 1781

To Colo. Gist's expences to the Cherokees 27 Feb y .1781

To salaries to the commissioners of loan offices 23 Feb y .1781

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Bearing date.

To Ebenezer Greene, one of the hostages left in Canada. 7 Mar. 1781

To Monsr. du Coudray's affairs 12 Mar. 1781

To loan officers, who have neglected to make proper returns to the board of treasury 29 Mar. 1781

Ought to be acted upon.

That the report relative—

bearing date.

To the fancy-work of F. Hopkinson 27 Oct. 1780

To the owners of certain quantities of rum 22 Jan y . 1781

To an advance of money to recruit Armand's legion 27 Jan y . 1781

To paying J. Ross with bills for selling tobacco 20 Feb. 1781

To supplies furnished Mr. Holker 6 April 1780

To the depretiation allowed certain civil officers 7 April 1781

To Wm. Kinnan's salary, as copperplate printer 12 April 1781

To money to be paid to Jacob Hiltzeimer 22 May 1781

To money to be paid E. Hazard, and Mr. S. Johnson 6 July 1781

Ought not to be acted upon.

That the following reports from the Board of Admiralty, to wit, The report relative

Bearing date.

To the return of British prisoners before the sailing of the merchantmen 20 July 1780

To appointment of Captain Nicholson to the command of the Confederacy 20 Oct. 1780

To the arrest of Capt. Young 9 Dec. 1789

To the payment of depreciation to the sailors of the Trumbull 1 June 1781

To filling up the Admiralty Board 28 Oct. 1779

To a clerk for the Navy board 20 Dec. 1780

To in intended voyage of the Active Packet 23 Dec. 1780

To manning the Frigate Trumbull 6 June 1781

Ought not to be acted upon.

That the Report relative

Bearing date.

To the payment of money to N. Bush 9 Oct. 1780

To the communications of the Minister of France as to captures 23 Jany. 1781

To T. [J] D. Schweighauser's accounts 15 June 1781

Ought to be acted upon.

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That the following reports of Special Committees to wit

The report relative to

Bearing date.

An Inquiry into the conduct of James Anderson for selling public hemp 25 Nov. 1779

A plan of conducting commercial affairs 29 Nov. 1779

Arranging reports 9 May 1780

General Greene as quarter master general 26 July 1780

Bills to be furnished to Governor Rutledge 21 Aug. 1780

The privileges of members of Congress 24 Aug. 1780

A vessel belonging to Chas. Crowly lost in public service 10 Nov. 1780

Continuing loan offices 15 Nov. 1780

The memorial of New Jersey 24 Nov. 1780

Supplies to the French fleet and army 24 Nov. 1780

Taking off the embargo 6 Dec. 1780

Raising regiments of negroes in South Carolina and Georgia 8 Dec. 1780

Ordering flour from the magazines in Connecticut 22 Dec. 1780

The resignation of Adjutant General Scammell 29 Dec. 1780

The recall of Dr Franklin 28 Dec. 1780

Specie for the use of prisoners 3 Feb?. 1781

M r Laurens's confinement 2 Mar. 1781

Provisions to be sent to Fort Pitt 2 Mar. 1781

Removal of the German Prisoners 9 Mar. 1781

Furnishing money to D r Binney 14 Mar. 1781

Expences of General M c Dougall in attending on Congress 15 Sept, 1780

Payment of interest on issuing the bills of credit of 18 th March 1780 2 April 1780

Employment of the navy 29 June 1781

Provisions on Hudson's River 21 May 1781

Rank of Captain Jones and Captain Nicholson 29 June 1781

Ought not to be acted upon.

That the Reports relative to

Bearing date.

A Court of inquiry on General Howe; committed May 1780

Detention of the produce of the sales of the Nostra Señiora's cargo; committed 12 July 1780

American seamen whom the British refuse to exchange. 7 Oct, 1780

Money requested by General Lee 3 Oct. 1780

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The appointment of a commercial agent 16 Jan y . 1781

A mode of ascertaining the value of articles furnished to the public by individuals 31 Jan y . 1781

The superseding of William Geddes as Paymaster General being founded on expediency not any demerit in him 7 Feby. 1781

The rank of captive officers 12 Feb. 1781

The accounts of John Henderson 13 Feby. 1781

The half pay &c. of Col. D. Campbell 16 Jany. 1781

Paying S. Caldwell in bills of exchange 10 Mar. 1781

Furnishing supplies 8 Mar. 1781

House rent and compensation for extra services to J. Gibson 26 Jany. 1781

The pay of deputy quarter masters and artificers 13 April 1781

The purchase of blankets and Indians near Schenectady 29 Mar. 1781

The reward of M r Dumas's Services 2 May 1781

Joseph Eaker's accounts 25 May 1781

Retaliation for British cruelty 11 June 1781

Ought to be acted upon.

Resolved , That the Secretary of Congress prepare a state of the reports which shall be hereafter delivered into his hands or have been already delivered since the day of July, 1781, and unacted upon specifying by whom and when made together with the purport thereof.

Resolved , That the Secretary of Congress prepare and preserve a similar state of all the reports delivered at any time into his hands since the sixth 25 day of July 1781, so much as relates to a fitness or unfitness to be acted upon excepted, and that he read a list of all the depending reports every day immediately after the dispatches. 1

1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 23, folio 69. It is included in the list of reports in No. 31, folio 371—2.

On a report of the Board of War of the 27 May, 1779:

Resolved , That as the corps of light dragoons are generally detached from each other, which renders it impracticable for their brigade chaplain to perform the duties of his office, such a chaplain is unnecessary; and that the present brigade 0128 902 chaplain to the light dragoons, if any there be, be discharged from the service.

On a report of the Board of War of 24 July, 1779:

Resolved , That the supreme executive council of Pensylvania be requested to appoint proper persons to make a just and conscionable appraisement of the leaden spouts taken in the year 1777, from the houses of sundry inhabitants of Philadelphia, by order of Congress, for the use of the United States; and that they direct the appraisers to return to the Board of War and Ordnance such their valuation and appraisement.

Ordered, That the Board of War and Ordnance on receiving the said appraisement, direct the commissary general of military stores to pay the sums due thereon to the respective persons entitled receive the same, on their applications. 1

1 The report of July 24, 1779, is in the Papers of the Continental Congress , No. 148, II, folio 207.

On a report of the Board of War of 19 December, 1780: Resolved , That the Board of War and Ordnance be, and hereby are authorised and directed to take measures for vacating the contract made by order of Congress the 19 day of September, 1777, with James Byers, cannon-founder.

Ordered , That the reminder of the report of the Board of War be re-committed to the Board to take order.

Ordered , that the report of the Board of War, of 3 February, 1781, on a memorial of Lieutenant Colonel Fleuri;

That the report of the said Board, of the 6th March, 1781, with an estimate for equipping Colonel Moylan's corps;

That the reports of the said Board, of 15 March and 13 June 1781, respecting the western frontiers;

That their report, of 3 December, 1779, relative to arms, cloathing, &c.;

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That their report of 16 May, 1781, on the case of Doct. Peres;

That the remainder of their report, of 16 June, on the medical department;

That their report, of June 12, on the case of Lieutenant Moore of the Convention prisoners;

That their report, of June 20, on the case of D. Weaver; and

That their reports of July 17 and 20, respecting the passages of sundry officers from Charlestown; be not acted upon.

Ordered , That the consideration of the report of the Board of War, of 3 April, on a letter of Brigadier General Thompson, be postponed.

Ordered , That the reports of the Board of Treasury, of 16 and 18 January, 1781, relative to the payment of interest, be referred to a committee of three:

The members, Mr. [Roger] Sherman, Mr. [James] Duane, Mr. [George] Clymer.

Resolved , That the memorial and accounts of Colonel Nathaniel Gist, with the report of the commissioners of the chamber of accounts thereon, be referred to the Board of Treasury, and that they pass to the credit of the said Colonel Gist in the books of the treasury such sum as they shall find to be justly due to him, the same to bear interest of six per cent. per annum from the time it ought to have been paid until payment is made.

Ordered , That the report of the Board of Treasury, of 7 and 8 March, 1781, on the memorial of Captain Greene, be referred to the Board of War.

Ordered , That a report of the Board of Treasury, of the 23 February, 1781, on the salaries of the respective loan officers, be referred to the superintendant of finance.

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Ordered , That the report of the Board of Treasury, of 12 March, 1781, respecting the accounts of the late Mons du Coudray, be referred to a committee of three:

Treasury Office March 12 th . 1781 .

The Board of Treasury to whom was referred the letter from the Hon ble . the Minister of France to his Excellency the President, of the United States in Congress assembled on the subject of the affairs of the late Monsieur De Coudray dated the 4 th . instant beg leave to report as follows:

That the Board have attentively considered the Memorial of Monsieur De Jardin, a brother of the deceased to Monsieur Gerard the late Minister of France to these United States, which states the following claims to be due to the Estate of the deceased, translated from the French in the following words:

Due from the 1 st of August 1776 according to the treaty a copy of which is with the Congress until the 15 th of September the day of his death, making thirteen months and a half at twenty-four thousand livres per annum amounts to 27,000

From which is to be deducted—

Received in the paper of the United States 35232⅔ dollars at the rate of 57s. ld. of France according to the Estimation of Congress making 10,057..2..7

Granted for the return of his two servants 900..0..0

10,957.. 2..7

Balance 16,042..17..5

The Board upon enquiry find that the sum charged for pay is according to the State given in by Mons. Le Brun Mons. Du Coudray's secretary, and which it is presumed is conformable to the contract made with Mr. Dean. They also find that the sum in paper currency is agreeable to the balance, as adjusted with Monsieur Le Brun; and that the only difficulty rests in estimating the value of the paper money in the money of France, so as to do equal justice. The claimant fixes the value of the dollar at 57. Sous 1d mentioning it to 0131 905 be the estimation of Congress . This is valuing the dollar at somewhat less than three livres; and the Board presume it is in consequence of information the Monsieur de Jardin received from Le Brun of the manner of his settling the pay of the corps of officers who came to America under the — of du Coudray and who returned with him (Le Brun) to France, for it appears by the settlement of the pay roll of those officers in which the French pay is converted into dollars at 5 livres the dollar, that a ballance of 7220 dollars was on the 17 th of November reported to be due and actually paid by a warrant on the Treasurer of the United States; afterwards Congress appointed a Committee to reconsider this report, who reported on the 14 of the same month (to which the Board refer) that the sum of fourteen thousand five hundred and eighty livres should be paid them in bills of exchange on the Commissioners in Paris, which was accordingly done, and valuing the dollar at five livres amounted to 2916 dollars. Upon what principle this allowance was made by the Committee does not appear, but the presumption is it was to reimburse those officers the loss they would sustain in purchasing bills upon France, and this opinion is strengthened, if the mode in which the account of General De Formoy was adjusted is attended to: for it appears by an Act of the 16 th . of February the balance was to be taken in a bill of exchange at 3 livres per dollar, “being the present exchange.” This being the best State of the business the Board can give, they beg leave to submit a report of the Commissioners of the Chambers of Accounts made in consequence of an order of the Superintendant of the Treasury of the 4 th of Sept 1779, which is adjusted on the principal laid down in the before mentioned Memorial and constitutes a balance due to the heirs of De Coudray of 14,886 livres 4s. 1d. but if the dollar is to be rated at five livres this balance will be reduced to 7325 livres. 1

1 This report is in the Papers of the Continental Congress , No. 136, V, folio 163.

The members, Mr. [James] Duane, Mr. [Thomas] Bee, Mr. [Roger] Sherman.

Ordered , That the report of the Board of Treasury, of 29 March, 1781, with an account of the loan officers who have neglected to make proper returns to the Board, be referred to the superintendant of finance.

0132 906

Resolved , The the report of the Board of Treasury, of 27 Otober, 1780, on an account of F. Hopkinson;

That their report of 22 January, 1781 relative to the owners of rum;

That their report, of 27 January, 1781, respecting money to recruit Armand's legien;

That their report, of 20 February, 1781, for paying J. Ross with tobacco;

That their report of 6 April, 1781, respecting supplies furnished Mr. Holker;

That their report, of 12 April, 1781, on Wm. Kinnan's salary; and

That their reports, of 22 May and 6 July, 1781, for money to be paid to J. Hitzheimer and E. Hazard; be not acted on.

Ordered , That the farther consideration of the report of the committee on reports be postponed.

The Board of War, to whom was referred a letter, of 22, from Musco Livingston, delivered in a report; Whereupon,

Resolved , That the Board of War be and hereby are empowered to grant the proper passports to such vessel as shall be employed by Muscoe Livingston at his expence for the purpose of bringing his family from Jamaica on such terms as the said Board shall think proper. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 209.

On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [James] Duane,

Ordered , That a circular letter be written by the President, to the executives of the states unrepresented in Congress, urging them, in the strongest terms, to send forward a full representation as expeditiously as possible

Adjourned to 10 o'Clock to Morrow.

0133 907
FRIDAY, AUGUST 24, 1781

The report of the committee on reports was again taken into consideration; and Thereupon,

On a report of the Board of Admiralty of the 8th of July, 1781:

Admiralty Office July [June] 8 th . 1781 .

The Board of Admiralty to whom the letters from T. [J] D. Sehweighauser were referred on the 3 d . Instant have the honor to report to the United States in Congress assembled as their opinion.—

That as it is highly probable that M r . Palfrey, who was appointed Consul General for the Kingdom of France perished on his passage to that Country, Joshua Johnson Esq r , to whom it appears by said letters the Minister Plenipotentiary had applied to examine the accounts of T. [J] D. Schweighauser against the Frigate Alliance, and who thought he was not authorized to do it, should by an act of your honorable body be empowered to execute that business, and that the said Minister should be directed to pay the balance due to M r Schweighauser, when said accounts shall have been examined and liquidated by M r Johnson. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 485. The indorsement shows that it was delivered and read June 15.

Resolved , That Joshua Johnson, esq. be, and he is hereby authorised to examine, audit and settle the accounts of T. [J] D. Schweighauser, against the frigate Alliance ; and that the minister plenipotentiary of these United States at the Court of Versailles be, and he is hereby empowered and directed to pay the balance that may be found due to the said T. [J] D. Schweighauser, upon the liquidation and settlement of the said J. Johnson. 2

2 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.

Ordered , That the instructions to the delegates of Georgia and their motion thereupon respecting Major General Howe, be referred to a committee of three:

The members, Mr. [Roger] Sherman, Mr. [James] Duane, Mr. [Edmund] Randolph;

0134 908

That the report of the committee, of 4 August, 1780, on the letter, of 12 July, from J. Bradford, be referred to a committee of three:

The members, Mr. [Roger] Sherman, Mr. [James] Duane, Mr. [George] Clymer.

A letter, of this day, from the superintendant of finance, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 137, I, folio 117.

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

The members, Mr. [Thomas] Bee, Mr. [Samuel] Osgood, Mr. [Roger] Sherman.

The committee ∥consisting of Mr. Montgomery, Mr. Lovell, Mr. Atlee, Mr. Walton∥ to whom were referred the reports of the Board of War, of the 10th and 15, delivered in a report; Whereupon,

Resolved , That until the further order of Congress, the treasurer of the United States be, and he is hereby authorised and directed to pay to Elizabeth Bergen, by quarterly payments, the sum of fifty-three dollars and one-third of a dollar per annum, from the 13 day of July last.

That a warrant issue on the treasurer in favour of Andrew Pepin for eighty dollars on account. 2

2 This report, in the writing of James Lovell, is in the Papers of the Continental Congress , No. 19, I, folio 313.

On motion of Mr. M[eriwether] Smith, seconded by Mr. [Joseph] Jones,

Resolved , That the financier Superintendant of finance be, and hereby is directed to make provision for support of the civil list, agreeably to the resolution of the 30 day of July last; the report of the Board of Treasury, and the act of Congress thereon of the 2d instant, notwithstanding.

The Committee to whom it was referred to arrange the reports on file, in such order that those which call for most immediate Consideration should be first taken up,

0135 909

Beg leave to report,

That among others the Reports hereafter mentioned remain on file undetermined and ought in the opinion of your Committee to be taken up in the order following:

1. Report of the Board of Treasury on General Arnold's Accounts.

2. Report of the Board of Treasury on supplies for the fleet of his most Christian Majesty.

3. Report for a treaty of Commerce with the United Provinces of the Netherlands.

4. Report of a plan for conducting Commercial affairs.

5. Report on Memorial of General Officers.

6. Report on a Monument in honor of General Count Pulaski.

7. Report on an account of William Duer Esq.

That your Committee not having finished the business assigned to them beg leave to sit again. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 23, folio 55. It was delivered May 9, 1780, and on August 24, 1781, decided: “Not to be acted upon.”

The Committee to whom was referred the memorial of Charles Crowly, beg leave to Report,

That his claim against the United States, being founded on an impress of a vessel into public service, and lost in the necessary defence of one of them, cannot now be taken into consideration, but must remain to be considered with many other cases in the same predicament, heretofore postponed by divers resolutions of Congress. 2

2 This report, in the writing of George Walton, was delivered, as the indorsement shows, on November 10, 1780, and taken up August 24, 1781, when it was decided not to act upon it. It is in the Papers of the Continental Congress , No. 19, I, folio 613.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, AUGUST 25, 1781

The committee of the week made report; Whereupon,

The Committee of the Week

Report

A letter from the Inspectors of the Press. Referred to the Committee appointed to confer with the Superintendant of Finance, upon the means of providing for the civil List.

A Petition from John Mulhallon praying payment for Horses lost with Southern Army—

0136 910

Referred to the Board of War.

A Letter from William Turnbull & C o . addressed to John Brown, Sec y . of the Admiralty, demanding the replacing flour borrowed for the Frigate Trumbull .

Referred to the Board of War Superintendant of Finance to take order.

A letter from George Turner with sundry papers enclosed.

Referred to the Board of War. 1

1 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress , No. 32, folio 229; Mulhallon's petition is in No. 42, V. folio 265; Turner' letter, dated August 23, 1781, is in No. 78, XXII, folio 473.

Ordered , That a letter from the inspectors of the press be referred to the superintendant of finance;

That a petition from John Mulhallon be referred to the Board of War;

That a letter of William Turnbull & Co. to John Brown Secretary of the Admiralty be referred to the superintendant of finance to take order;

That a letter from George Turner, with sundry papers enclosed, be referred to the Board of War.

A report of the Board of War on the memorial of C. Wirtz was read; Whereupon,

Ordered , That the memorial of C. Wirtz and the letter from the Board of War, with the paper enclosed on the subject of his account, be referred to the Board of Treasury, who are hereby directed finally to adjust the same.

Adjourned to 10 o'Clock on Monday.

MONDAY, AUGUST 27, 1781

A letter, of 4, from Tho Jefferson, was read:

Ordered , That the same be considered on Wednesday next.

A letter, of 18, from General Washington; 2

2 This letter is in the Papers of the Continental Congress , No. 152, X, folio 219.

A letter, of 10, from the governor of Virginia;

A letter, of 14, and one, of 21, from Major General Marquis de la Fayette, were read.

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A letter, of 16, from N. Barber, was read: 1

1 The Virginia letter is in the Papers of the Continental Congress , 71, II, folio 121; Lafayette's, of the 14th, is in No. 156, folio 222, that of the 21st being on folio 230; Barber's letter is in No. 78, IV, folio 241.

Ordered , That it be referred to the committee on the report of the Board of War respecting an allowance for depreciation to the staff of the army.

The committee of the week made report; Whereupon,

The Committee of the week

Report

A Letter from Joseph Pennell pay master to the Navy Board. &.° Referred to the Committee appointed to confer with the Superintendant of Finance upon M. Holker's letter, demanding flower supplied the Trumbull . 2

2 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress , No. 32, folio 233.

Ordered , That a letter, of 23, from J. Pennell, be referred to a committee of three:

The members, Mr. T[homas] Smith, Mr. [Daniel] Mowry, Mr. [Richard] Howly;

That a letter, of 25, from the lieutenant governor and sundry members of council of the State of South Carolina be referred to a committee of three, who are to confer with the superintendant of finance on the subject: 3

3 This letter is in the Papers of the Continental Congress , No. 72, folio 528.

The members, Mr. [Roger] Sherman, Mr. [John] Mathews, Mr. [Edmund] Randolph;

That a petition of Samuel Bryan be referred to the committee of commerce;

That a memorial of James Finley be referred to the Board of Treasury. 4

4 This report, in the writing of Samuel John Atlee, is in the Papers of the Continental Congress , No. 32, folio 231. Bryan's petition is in the Papers of the Continental Congress , No. 41, I, folio 361. Finlay's memorial is in the Papers of the Continental Congress , No. 41, III, folio 252.

The committee to whom was referred the letter, of 16 August, from James Jay;

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The committee on the letter, of 19th, from A. Spotswood; and

The committee on the letter, of 24, from the superintendant of finance, delivered in their several reports:

Ordered , That a plan reported by the last mentioned committee for regulating the business of the treasury office be referred to a committee of three: 1

1 The plan reported is in the Papers of the Continental Congress , No. 136, V, folio 445.

The members, Mr. [James] Duane, Mr. [George] Clymer, Mr. [Thomas] Bee.

A motion was made by Mr. [James Mitchell] Varnum, seconded by Mr. [George] Walton:

Resolved , That the Board of War take order for selling the Guns and Stores late belonging to the Sloop Argo in the State of Rhode Island and discharge a Bill drawn by the President of Congress on the Loan Officer of said State in favor of Mess rs Nicholas and John Brown and bearing date the 3 d July A D. 1781.

Resolved , That the cannon and stores belonging to the Sloop Argo be disposed of by order of the Superintendant of Finance for Specie, and that the Specie arising therefrom be deposited in the hands of the said superintendant subject to the future order of Congress. 2

2 This motion, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 36, I, folio 217. The paragraph struck out is in the writing of Theodorick Bland.

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

The members, Mr. [John] Mathews, Mr. [Samuel] Osgood, Mr. [Theodorick] Bland.

The report of the committee on the letter, of 19, from A. Spotswood, was taken into consideration; and Thereupon,

Resolved , That the request of General Spotswood cannot at present be complied with. 3

3 This report is in the Papers of the Continental Congress , No. 78. XXI, folio 109, indorsed on Spotswood's letter.

A letter from J. Brown, enclosing a letter, of 15, from [the] navy board at Boston, was read; Whereupon, 4

4 The Navy Board's letter is in the Papers of the Continental Congress , No. 28, folio 245; Brown's, dated August 27, 1781, is in No. 78, IV, folio 245.

0139 913

The report of the committee on the motion relative to the navy was taken into consideration, and after debate:

Ordered , That it, together with the letters aforesaid, be re-committed, and that two members be added to the committee:

The members, Mr. [James Mitchell] Varnum, Mr. [James] Duane.

A motion was made by Mr. [Edmund] Randolph, seconded by Mr. [Joseph] Jones:

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

The members, Mr. [Edmund] Randolph, Mr. [James] Duane, Mr. [John] Witherspoon.

A note was received from the hon ble the Minister of France, enclosing an account of the arrival of a transport at Boston with stores for the United States:

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

Adjourned to 10 o'Clock to Morrow.

TUESDAY, AUGUST 28, 1781

A letter, of 27, from General Washington; 1 and

1 This letter is in the Papers of the Continental Congress , No. 152, X, folio 224.

A letter, of this day, from Major General St. Clair, were read:

Ordered , That the letter from Major General St. Clair be referred to the superintendant of finance.

A letter, of 30 March, from William Carmichael, was read: 2

2 Carmichael's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 341.

Ordered , That so much thereof as relates to the good offices of the Count de Montmorin to Mr. Jay be referred to the committee appointed to confer with the hon ble the Minister of France.

0140 914

The committee to whom was referred the letter from the lieutenant governor and sundry members of the privy council of South Carolina,

The committee on the motion of Mr. [James Mitchell] Varnum, and

The committee to whom was re-committed the plan of a convention for regulating the powers of consuls, vice consuls and agents, delivered in their several reports.

Ordered , That Thursday next be assigned for the consideration of the last report.

The report of the committee on the letter from the lieutenant governor and sundry members of the privy council of South Carolina was taken into consideration, and, after debate,

The Committee, to whom was referred the Letter from the Lieutenant Governor, and Members of the Privy Council of the State of South Carolina, Report

That altho' their sufferings cannot be remembered, but with approbation of their patriotic fortitude, and resentment against the Enemy it is not within the ability of the United States, great as those sufferings may be, to make advances of money at present, not immediately ministering to the operations of War.

But for as much as by the reestablishment of Government in South Carolina, that State will be the sooner able to supply its quota of men and money, the friends of America will receive fresh confidence, and the British foe feel their impotence to abolish political power, as founded upon the principles of the revolution;

And whereas the exertions of the said Lieutenant Governor and Members of the Privy Council, will greatly contribute to the production of these public benefits, but British avarice and perfidy have thrust them from their country, spoiled of the means of returning home, in defiance of a solemn capitulation;

Resolved , That it be an instruction to the Superintendant of Finance, to pay as soon as he can to the Honorable Christopher Gadsden, Tho s . Ferguson, Richard Hutson, Benjamin Cattell and David Ramsay Esquires, each two hundred and sixty six dollars, 0141 915 and two thirds of a dollar in specie to be charged to the State of South Carolina and that the Board of War be directed to furnish to them a waggon and team to enable them to return to the said State.

The Committee beg leave to set again, 1

1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 72, folio 542.

Ordered , That it be re-committed.

The report of the committee on the motion of Mr. [James Mitchell] Varnum was taken into consideration; Whereupon,

The committee to whom was referred the letter from Nicholas and John Brown to the Delegates of Rhode Island and the motion of Mr. Varnum thereon, report

Ordered , That a letter, of 30 July, from Nicholas and John Brown to the delegates of Rhode Island, with the order on Joseph Clark, commissioner of the continental loan office of the said State, accompanying the same, be referred to the superintendant of finance to take order.

Ordered , That the Board of War make sale of the cannon and stores, now in the State of Rhode Island, and late belonging to the sloop Argo , for specie only; and that the monies arising therefrom, be placed in the hands of the superintendant of finance. 2

2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 19, I, folio 425.

The Committee of Commerce reported on a memorial of William Bingham.

Ordered , That Mr. [Theodorick] Bland have leave of absence.

A motion was made by Mr. [John] Mathews, seconded by Mr. [Theodorick] Bland:

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

The members, Mr. [John] Witherspoon, Mr. [John] Mathews, Mr. [Roger] Sherman.

0142 916

Ordered , That the letter from Major General St. Clair be referred to a committee of three, who are to confer with the superintendant of finance on the subject:

The members, [Mr. James] Duane, Mr. [James Mitchell] Varnum, Mr. [Joseph] Jones.

The ordinance relative to captures was taken up for a second reading, and some progress being made:

The committee to whom was re-committed the plan of a convention for determining and fixing the functions and prerogatives of consuls, &c. delivered in a report.

Ordered , That Thursday next be assigned for the consideration thereof. 1

1 These two paragraphs were entered only in the manuscript Secret Journal, Foreign Affairs. See post January 2, 1782.

A letter of this date from Robert Morris was presented to Congress, probably on this or an approximate date. It is in the Papers of the Continental Congress , No. 137, I, folio 121.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, AUGUST 29, 1781

A letter, of 30 December last, from J. de Neuville & Sons, was read.

A petition of Thomas Smith and William Stone was read: 2

2 De Neufville's letter, dated December 28, is in the Papers of the Continental Congress , No. 145, folio 49; the petition of Thomas Smith and William Stone, dated August 27, 1781, is in No. 42, VII, folio 117.

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

The committee on the letter, of 28, from Major General St. Clair;

The committee to whom was re-committed a report respecting the marine department;

The committee to whom was re-committed the report on the letter, of 25, from the lieutenant governor and several 0143 917 members of the privy council of the State of South Carolina; and

The committee on the report of the Board of Treasury, of 12 March last, respecting the accounts of Mr. du Coudray;

The committee on the letter, of 9th, from General Schuyler relative to the Caghnawaga Indians; delivered their several reports.

Mr. [John] Mathews laid before Congress information given by Mr. J. Neufville, respecting the treatment of Colonel Isaac Haynes by the British commandant at Charlestown; and, thereupon, made a motion, which was seconded by Mr. [George] Walton:

Whereas Congress have been repeatedly informed that the officers of his Britannic Majesty, commanding within these United States, had in the most wanton and barbarous manner, in cold blood, put to death divers citizens of these States, under the false and insidious pretence of their having returned to their allegiance to his said Majesty and had again revolted therefrom, and were taken in arms fighting against his said Majesty's forces in America, when the fact was that numbers of the inhabitants of these States had been driven by the most cruel oppressions, to take protections from accumulated violence under British domination—notwithstanding which, reiterated violence continuing to be exercised on their persons and property, had as soon as possibly they could openly profess their love to their country by taking up arms in its defence which by the most solemn engagements, they had been bound to do, and which nothing but the duty they owed to their helpless wives and children, could have prevented them from doing in the first instance and although repeatedly called on by British officers to take up arms against their country they had uniformly refused to do, being directly contrary to stipulations entered into by them, when they submitted to receive protection under the British usurpation;

And Whereas Congress have at length obtained the most indubitable proof of such their proceedings by the horrid murder of Col. Haynes an officer in the militia of the State of S o . Carolina and taken as such in the just defence of his country, fighting against his said Majesty's forces in the said State of South Carolina, and having been 0144 918 one of those persons, who had been driven to submit to receive a British protection. They in consequence thereof had ordered him to be hanged, which order was carried into execution on the fourth day of this instant August;

And Whereas it is the indispensible duty of this Congress, to guard over the lives and liberties of the citizens of these states and to cause speedy and ample justice to be done on any man or body of men who shall presume wantonly, against the laws of War, of nations and of humanity, shamefully to violate the said laws, or any of them;

And Whereas the officer, commanding the troops of his Britannic Majesty, in the State of South Carolina did cause to be hanged Col. Isaac Haynes an officer in the militia of the State of S o Carolina under sentence of his being a British subject, which said act being not only contrary to the laws of War, but highly dangerous to the welfare of these United States if permitted to pass without just retaliation;

Therefore Resolved , That the Commander in Chief be directed to cause a British officer, now a prisoner within these United States in the line of the British army of equal rank Col. Haynes not under the rank of a Major immediately to suffer the same death that was inflicted on Col. Haynes. 1

1 This motion, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 19, II, folio 81.

Ordered , That the said information and motion be referred to a committee of three: the members, Mr. [Edmund] Randolph, Mr. [James] Duane, Mr. [James Mitchell] Varnum.

Another motion was made by Mr. [James Mitchell] Varnum:

Ordered , That the same be referred to the foregoing committee.

The report of the committee on the letter from Major General St. Clair was taken into consideration; Whereupon,

The Committee to whom were referred the letter of the 28 th . of August last from Major General St Clair, beg leave to report—

That they have conferred with the Financier on the subject of the advance of money requested by General St Clair for officers and privates of the Pensylvania line, and that he informs your Committee that it is not in his power to make the said advances—

That your Committee know of no means which enables Congress at present to make the advance requested by General St Clair: and 0145 919 they are therefore of opinion that his application ought to be transmitted to his Excellency the President and the Supreme Executive of the State of Pensylvania with an earnest request that they will take the most effectual measures in their power to enable General St Clair to expedite the march of the troops mentioned in his letter. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 19, V, folio 391.

Ordered , That the application of Major General St. Clair be transmitted to his excellency the president and the supreme executive council of the State of Pensylvania and they be earnestly requested to take the most effectual measures in their power to enable General St. Clair to expedite the march of the troops mentioned in his letter. 2

2 From this point the entries are by George Bond.

Congress took into consideration the report of the committee ∥consisting of Mr. Bland, Mr. Varnum, Mr. Duane∥ respecting the ∥Board of Admiralty, the navy boards, and the mode of conducting the business of the navy∥ marine department; and Thereupon,

Resolved , That for the present an agent of the marine be appointed, with authority to direct, fit out, equip and employ the ships and vessels of war belonging to the United States, according to such instructions as he shall, from time to time, receive from Congress:

That all prizes belonging to the United States be sold under his direction, and the produce deposited by him in the hands of the superintendant of finance:

That all accounts and demands for pay and for all disbursements and expences, respecting the said marine, be transmitted to the said agent for settlement and payment: and that he cause regular entries thereof to be made and kept:

That he shall be allowed a salary of per annum, and be not permitted to receive any other fee 0146 920 commission or emolument whatsoever, for his services [at the rate of fifteen hundred dollars per annum, in full of all charges and expences whatsoever]: 1 that he shall also be allowed a clerk, who shall receive for his services, a salary [at the rate of five hundred dollars per annum:] 1

1 The words in brackets are in Thomas McKean's writing in the report.

That both the agent and clerk shall, before they enter into their respective offices, take an oath before the President of Congress, well and faithfully to execute the trust reposed in them, according to the best of their skill and judgment; [and shall enter into bond with good and sufficient security for the due and faithful performance of his office, which shall be lodged in the office of the secretary of Congress:] 2

2 The words in brackets are in Theodorick Bland's writing in the report.

That as soon as the said agent shall enter on the execution of his office, the functions and appointments of the Board of Admiralty, the several navy-boards, and all civil officers appointed under them, shall cease and be determined:

And lastly, that the registers, books and papers, belonging to the admiralty and navy boards, or in their custody, shall be delivered over to the said agent, and preserved by him. 3

3 This report, in the writing of James Duane, except as already specified, is in the Papers of the Continental Congress , No. 28, folio 249.

Ordered , That Monday next be assigned for the election of an agent of the marine. 4

4 Here Charles Thomson resumes the entries.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, AUGUST 30, 1781

The report of the committee ∥consisting of Mr. Sherman, Mr. Mathews, Mr. Randolph∥ on the letter, of 25, from the lieutenant governor and sundry members of the privy council of South Carolina, was taken into consideration; Whereupon,

0147 921

The Committee to whom was re-committed the letter from the Lieutenant Governor, and members of the Privy Council of the State of South Carolina, having conferred with the Superintendent of Finance—Report the following Resolutions:

Ordered , That a warrant be drawn on the treasurer to advance to the Hon. Christopher Gadsden, lieutenant governor of the State of South Carolina, and the Hon. Thomas Ferguson, Richard Hutson, Benjamin Cattel and David Ramsey, members of the privy council of the said State, the sum of two hundred and sixty-six dollars and two-thirds of a dollar specie, each, on their application, and charge the same to the account of the said State:

Ordered , That the Board of War furnish the Hon. Christopher Gadsden, Thomas Ferguson, Richard Hutson, Benjamin Cartel and David Ramsey, with a waggon and team to carry their baggage to South Carolina. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 20, II, folio 409.

The ordinance relative to captures was again taken into consideration for a second reading, and some farther progress being made therein:

Adjourned to 10 o'Clock to Morrow.

FRIDAY, AUGUST 31, 1781

The committee of the week made report; Whereupon,

The Committee of the Week report as follows:

That a petition of divers of the Inhabitants of the State of Pensylvania respecting the depreciation of the money lie on the table.

That the petition of Roger Kean for himself, the Officers, Mariners and Marines of the private Brigantine of War called the Holker be referred to a special Committee.

That the memorial of Col.° Van Schack be referred to a special Committee.

0148 922

That the letter of the Chev r . Dubuisson asking permission to return to France, intreating that Congress would grant him some testimonial of their approbation of his services, and that he might receive, if possible, bills of Exchange on France on account of his pay, be referred to a special Committee.

That the memorial of Mathew Irwin be read in Congress.

That the letter of Lewis Evans and Anthony Carne the one late a Carpenter's Mate, the other a private Seaman on board the Confederacy requesting the payment of wages due to them for services on board the said Ship of War be referred to the Board of War. 1

1 This report, in the writing of Nicholas Eveleigh, is in the Papers of the Continental Congress , No. 32, folio 235.

The Pennsylvania petition is in the Papers of the Continental Congress, No. 42, VI, folio 254; Kean's petition is in No. 41, V, folio 87; Van Schaick's memorial is in No. 41, X, folio 327; Du Buysson's, dated August 31, 1781, is in No. 78, VII, folio 403; Evans and Carnes's letter, dated August 30, 1781, is in No. 78, VIII, folio 371.

Ordered , That a petition of divers inhabitants of the State of Pensylvania be referred to the committee on the memorials from sundry merchants respecting depreciation;

That a petition of Roger Kean in behalf of himself and others be referred to a committee of three:

The members, Mr. [George] Clymer, Mr. [Edmund] Randolph, Mr. [Daniel] Carroll;

That a memorial of Colonel Van Schack and the letter from Chevalier du Buysson be referred to a committee of three:

The members, Mr. [James Mitchell] Varnum, Mr. [Samuel John] Atlee, Mr. [Thomas] Bee;

That a letter of Lewis Evans and Anthony Carnes be referred to the Board of War.

A memorial of Thomas Savage was read: 2

2 This memorial is in the Papers of the Continental Congress , No. 41, IX, folio 175.

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

The members, Mr. [James Mitchell] Varnum, Mr. [George] Walton, Mr. [Thomas] Bee.

A report from the Board of War, on a letter of this day, from Brigadier General Knox, in pursuance of orders from 0149 923 the Commander in Chief, was read; wherein they recommend that it may be resolved,

War Office August 31 st 1781 .

Sir ,

The Board do themselves the honor to lay before Congress the Copy of a letter this moment received from Brigadier General Knox, and beg leave to observe that Congress by their act of the 26 th of April last directed the Board of War to cause to be repaired and sent to the States of Virginia and North Carolina a number of arms not exceeding 2000 to each State. A part have been repaired and forwarded to Virginia, and about 1000 are now ready that were intended for North Carolina which must be sent with the army now going to the Southward, if the request contained in the enclosed letter is complied with, and notwithstanding the Board are decided in opinion that General Knox's request should be complied with, yet when they consider the aforementioned Resolution they do not think themselves at liberty to give the necessary orders. Should Congress agree to the opinion of the Board it may be proper to resolve,

That the Board of War take order for forwarding to the southern army, all the repaired arms in the city of Philadelphia, to be disposed of as the Commander in Chief shall think proper, the resolution of the 26th of April last notwithstanding.

N. B. If Congress should think proper to agree to the report the Board will direct the quantity allotted to North Carolina to be repaired out of the arms upon hand in this City and sent forward as soon as possible. 1

1 This report is in the Papers of the Continental Congress , No. 148, Il, folio 217.

A motion was made by Mr. [William] Sharpe, seconded by Mr. [Daniel] Carroll, to strike out the words “southern army,” and in lieu thereof, insert, “governor of the State of North Carolina;” and to strike out what follows the word “Philadelphia,” and in lieu thereof, insert, “for the purpose of arming the new levies raised in that State for the service of the United States.”

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

0150 924 New Hampshire, Mr. Livermore, no * Massachusetts, Mr. Lovell, no Partridge, no no Osgood, no Rhode Island, Mr. Mowry, no no Varnum, no Connecticut, Mr. Sherman, no * New York, Mr. Duane, no no L'Hommedieu, no Pennsylvania, Mr. Atlee, no no Clymer, no Delaware, Mr. McKean, no * Maryland, Mr. Jenifer, no div. Carroll, ay Virginia, Mr. Jones, no Madison, no Bland, no no M. Smith, no Randolph, no North Carolina, Mr. Sharpe, ay * South Carolina, Mr. Mathews, no no Eveleigh, no Georgia, Mr. Walton no no Howly, no

So it passed in the negative.

On the question to agree to the report of the Board of War, the yeas and nays being required by Mr. [William] Sharpe,

New Hampshire, Mr. Livermore, ay * Massachusetts, Mr. Lovell, ay Partridge, ay ay Osgood, ay Rhode Island, Mr. Mowry, ay ay Varnum, ay Connecticut, Mr. Sherman, ay * New York, Mr. Duane, ay ay L'Hommedieu, ay Pennsylvania, Mr. Atlee, ay ay Clymer, ay Delaware, Mr. McKean, ay * Maryland, Mr. Jenifer, ay div. Carroll, no Virginia, Mr. Jones, ay Madison, ay Bland, ay ay M. Smith, ay Randolph, ay North Carolina, Mr. Sharpe, no * South Carolina, Mr. Mathews, ay ay Eveleigh, ay Georgia, Mr. Walton, ay ay Howly, ay
0151 925

So it was resolved in the affirmative.

Another report of the Board of War was read:

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

The members, Mr. [James Mitchell] Varnum, Mr. [Roger] Sherman, Mr. [Samuel John] Atlee.

Ordered , That Mr. M[eriwether] Smith have leave of absence.

The committee, ∥consisting of Mr. Randolph, Mr. Vandyke, Mr. Ellsworth, ∥ to whom was referred the memorial of the honorable the Minister of France of 23, informing, “that the situation of affairs requires that Mr. de l'Etombe, consul-general of France, in the four New England states, should immediately repair to the place of his destination, delivered in a report; [Whereupon,] 1

1 This paragraph and the resolutions following were also entered in the manuscript Secret Journal, Foreign Affairs.

The Committee to whom was Referred the Memorial of the Minister of France of the 23 d . of August 1781, Report,

That upon M. de L'Etombe consul general of France in the States of New Hampshire, Massachusetts, Connecticut and Rhode Island and Providence Plantations ought to present presenting his commission to the United States in Congress Assembled,

An act be thereupon passed, recognizing him in his proper character,

That this act be delivered to the Supreme Executive power of the States aforesaid, to be registered by them to which he is sent.

That upon the delivery thereof, the exequatur or a public notification of the quality of M. de l'Etombe shall issue from the Supreme Executive power without fee or perquisite of office, and that until the ratification of some convention respecting consular power between the United States and his Most Christian Majesty, the same mode of recognition be observed.

Resolved , That the act of recognition, and the exequatur ought to be in the following forms:

The act of recognition.

By the United States in Congress Assembled.

It is hereby made known to all, whom it may concern, that full credence and respect are to be paid to M. de L'Etombe, as Consul 0152 926 General of France for the States of New Hampshire, Massachusetts Bay, Connecticut and Rhode Island and Providence Plantations which States are called upon respectively, by virtue of the powers, delegated by the confederation to the United States in Congress Assembled, to furnish the said M. de L'Etombe with their exequatur, or a notification of his quality, delivering one copy thereof to the said M. de L'Etombe and causing another to be published in one or more gazettes.

Done at Philadelphia this day of in the year &c.

Resolved , That the President inform the Supreme Executive power of the States aforesaid, that Congress recommend for the sake of uniformity the following form of the exequatur to wit:

To all, whom it may concern:

M. de L'Etombe having been recognized by the United States in Congress Assembled as Consul General of France in the aforesaid, It is hereby declared, that the privileges, pre-eminence and authority, belonging to such character and quality are due to him.

&c. &c. &c. 1

1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 19, Il, folio 49.

Resolved , That upon Mr. de l'Etombe presenting to the United States in Congress assembled, his commission as consul-general of France, an act be thereupon passed recognizing him in his proper character;

That upon the delivery thereof, the exequatur , or a public notification of the quality of Mr. de l'Etombe, shall issue from the supreme executive power without fee or perquisite of office:

Resolved , That until the ratification of some convention respecting consular power, between his Most Christian Majesty and the United States, the same mode of recognition be observed.

The committee to whom were referred the motions of Mr. [John] Mathews and Mr. [James Mitchell] Varnum, together with the information of Mr. Neufville;

The Committee to whom were referred the motions of M r . Mathews, and M r . Varnum, together with the information of M r . Neufville report,

0153 927

That M r . Neufville delivered to your committee his deposition in the following words:

Pennsylvania ss .

Isaac Neufville late of Charlestown in South Carolina of the age of fourteen, Deposeth and saith that he was informed at Charlestown that Col. Isaac Haynes of the South Carolina militia being surprized by a detached party of the British cavalry was taken and carried down to Charlestown. That he was there thrown into the Provost, and as it was publicly reported, was without even the formality of a trial sentenced to death by the British Commandant there. That it was reported that something like a court had been appointed for the purpose of proving the identity of his person. That the Deponent was informed that at the intercession of several persons among whom were many British officers he was respited for 48 hours. That a Petition for his pardon was signed and presented by those gentlemen to the Commandant but without effect.

That the Deponent was further informed that very early on the morning of Thursday the second of this instant a Messenger was sent to Col. Haines to acquaint him that his execution was to take place within an hour, and that it was left to his choice either to walk or ride to the place of execution. That the Deponent was further informed that Col. Haines was again respited without any interposition in his behalf and without any assigned cause till the fourth instant. That on that day in the morning he was escorted by a party of soldiers to a gallows erected without the lines of the town with his hands tied behind, and there hung up till he was dead, this Deponent having been present and an eye witness of the execution.

And further this Deponent saith not.

Isaac Neufville .

Sworn the 30 th Day of August Anno Domini 1781.

Before me.

Thos. McKean .

Resolved , That an attested copy of the said deposition be transmitted to Major General Green, and that he make full enquiry into all the circumstances, attending the execution of Colo. Isaac Haynes, by order of the British Commandant in Charles Town, and that if thereupon it shall appear that such execution was contrary to the laws of war, he cause a British officer not under the rank of major to be executed in like manner, retaliation to be made in such manner, as is warranted by those laws, and will in his opinion have the most probable 0154 928 tendency to restrain the enemy from such acts of cruelty in future. 1

1 This report, in the writing of Edmund Randolph, the deposition being in the writing of James Duane, is in the Papers of the Continental Congress , No. 19, II, folios 71 and 73. On September 7 it was recommitted, as the indorsement shows.

The committee to whom was referred a letter from John Brown, of the 18th; and

The Committee to whom was referred a letter from John Brown Secretary to the Board of Admiralty, of the 18 th of August, enclosing a letter from M r Holker Consul General of France dated the 14 th of August, Report,

That there appears due to the French volunteers for services on board the ship Ariel whose names are in a list transmitted by M r . Holker in his letter directed to the Board of Admiralty of the 14 th instant, the sum of six hundred and sixty six dollars, and sixteen ninetieths of a dollar [and that the paymaster of the Navy Board be directed to pay the same].

And this Committee are of opinion that such parts of M r Holker's said letter as relate to apprehending of French seamen be referred to the Supreme Executive Council of the State of Pennsylvania. 2

2 This report, in the writing of Daniel of St. Thomas Jenifer, except the part in brackets, which is in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 19, I, folio 427.

The committee to whom was referred the report of the Board of War, of the 15th; delivered in their several reports.

Adjourned to 10 o'Clock on Monday.

MONDAY, SEPTEMBER 3, 1781

A letter from his Most Christian Majesty, received by the hon ble . J. Laurens, was read:

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

The members, Mr. [James] Duane, Mr. [Edmund] Randolph, Mr. [John] Mathews.

A letter, of 2, from the hon ble . J. Laurens, was read, with sundry papers containing an account of the negotiation with 0155 929 which he was entrusted by the commission of 23 December, 1780: 1

1 This letter is in the Papers of the Continental Congress , No. 165, folio 137.

Ordered , That they be referred to the foregoing committee. 2

2 The paragraphs in reference to the Laurens letters were also entered in the manuscript Secret Journal, Foreign Affairs.

A letter, of 14, and one, of 16 May, from the hon ble . B. Franklin, with a duplicate of his letter, of 12 March, were read.

A letter, of 1, from General Washington, was read: 3

3 Franklin's letter, of May 14, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), page 409; that of March 12 is on page 281. Washington's letter is in the Tapers of the Continental Congress, No. 152, X, folio 225.

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

A letter, of from Colonel Broadhead at Fort Pitt was read: 4

4 This letter, dated August 24,1781, is in the Papers of the Continental Congress , No. 78, IV, folio 203.

Ordered , That it be referred to the Board of War to be immediately communicated to the Commander in Chief.

A letter, of from J. Bradford, was read, containing an account of the goods on board the Douge Druin arrived at Boston for the United States'

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

A letter, of 26 July, from Major General Greene, was read:

Ordered , That it be referred to the Committee of Intelligence.

A letter, of 23 August, from Major General the Marquis de la Fayette, was read, with sundry papers enclosed relative to the treatment of our prisoners in the power of the enemy: 5

5 Bradford's letter, dated August 23,1781, is in the Papers of the Continental Congress , No. 78, IV, folio 253; Greene's is in No. 155, II, folio 223; Lafayette's is in No. 156, folio 234.

Ordered , That the same, together with so much of Doctor Franklin's letter, of 14 May, as relates to prisoners, be referred to the committee to whom was referred the intelligence 0156 930 respecting Colonel Haynes and motions of Mr. [John] Mathews and Mr. [James Mitchell] Varnum.

A letter, of August 25, from R. R. Livingston; and

A letter, of May 15, from S. Deane; were read: 1

1 Livingston's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 661; and Deane's letter on page 415.

Ordered , That a committee of three be appointed to confer with Major Morris aid de camp of General Greene relative to the southern department:

The members, Mr. [James Mitchell] Varnum, Mr. [John] Mathews, Mr. [George] Walton.

The committee of the week was chosen:

Mr. M[eriwether] Smith, Mr. [George] Clymer, Mr. [Thomas] Bee.

The committee to whom were referred the instructions to the delegates of Georgia and their motion in pursuance thereof relative to Major General R. Howe;

The committee on the petition of Roger Kean;

The committee to whom was referred the report of the committee on J. Bradford, of 12 July, 1780;

The committee on the letter of Colonel Van Schack; and

The committee on the letter of Colonel du Buysson; delivered in their several reports.

Adjourned to 10 o'Clock to Morrow. 2

2 An undated memorial of Hugh Hughes, Deputy Quartermaster General for the middle department, belongs to this period. It is in the Papers of the Continental Congress , No. 41, IV, folio 149.

TUESDAY, SEPTEMBER 4, 1781

A letter of this day, from General Washington, was read, relative to the sending an officer to inspect the situation of the prisoners in the power of the enemy; [Whereupon], 3

3 This letter is in the Papers of the Continental Congress , No. 152, X, folio 229.

Resolved , That the Commander in Chief be, and he is hereby, empowered to act in this matter as he shall think most conducive to the public interest.

0157 931

A letter, of 12 April, from Mr. Lee, was read, enclosing copy of his account: 1

1 This letter, from William Lee, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 361.

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

The members, Mr. [George] Clymer, Mr. [James] Lovell, Mr. [Roger] Sherman:

Ordered , That the letter, of 15 May, from S. Deane, be referred to the said committee.

A letter, of 25 August, from the governor of the State of New York was read, with sundry papers enclosed: 2

2 This letter is in the Papers of the Continental Congress , No. 67, II, folio 422.

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

The members, Mr. [Samuel] Livermore, Mr. [Joseph] Jones, Mr. [John] Mathews.

The report of the committee ∥consisting of Mr. Varnum, Mr. Atlee, Mr. Bee∥ on the letter, of 31 August, from Colonel du Buysson, was taken into consideration; Whereupon,

Resolved , That Lieutenant Colonel du Buysson have leave of absence to return to France:

Resolved , That the Board of War be, and is hereby directed to write to the marquisses de Castres and Segur, ministers of the marine and war departments in France, expressing the high sense which Congress entertain of the distinguished merit and conduct of Lieutenant Colonel du Buysson in the service of the United States, and particularly of his bravery displayed in the action of the 16 August, 1780, near Camden, and his efforts to bring off the field Major General the Baron de Kalb, who was mortally wounded, [in consequence of which services he was honored with the commission of brigadier-general by the governor of North Carolina.] 3

3 This report, not in the writing of any member of the committee, is in the Papers of the Continental Congress , No. 19, II, folio 119. The portion in brackets was added in Congress.

0158 932

The committee ∥consisting of Mr. Duane, Mr. Randolph, Mr. Mathews∥ to whom was referred the letter, of 2d, from Mr. J. Laurens, ∥together with sundry papers, containing an account of the negotiation with which he was entrusted, by the commission of the 23d of December, 1780,∥ delivered in a partial report; Whereupon,

Resolved , That all the clothing, artillery, arms and military stores, shipped in pursuance of the orders of the honorable John Laurens, special minister to the Court [of Versailles, for the use of the United States, be upon their arrival in any of the ports of these United States delivered to the order of the Board of War, who are hereby empowered and directed to take charge and direction of the same.

That all the money shipped by the order of Mr. Laurens, for the use of the United States, be upon its arrival delivered to the order of the superintendant of finance, who is hereby empowered and directed to take charge of the same.

The Committee to whom was referred the letter of Colonel Van Schaick, report that Colonel Van Schaick receive the brevet of Brigadier General, to bear date the day of last. 1

1 This report is in the Papers of the Continental Congress , No. 19, VI, folio 119. It is in the list of postponed reports in No. 31, folio 371- 3 .

Adjourned to 10 o'Clock to Morrow.] 2

2 The portion in brackets is entered by George Bond.

The following, in the writing of James Duane, is in the Papers of the Continental Congress , No. 23, folio 75, and appears to have been agreed to on this day. It is indorsed by Thomson: “Copy of a letter sent by the President to Ct. de Rochambeau Sept. 4th 1781 on account of the compliment of the royal salute paid to Congress by the troops under his command in their passing through Philadelphia. ”

Resolved , that the following letter be transmitted by President to the Commander in Chief to be by him communicated to his Excellency Count Rochambeau President transmit to Count Rochambeau the following Letter:

Sir ,

I have the honour to express to your Excellency the satisfaction of Congress at the tribute of respect in the compliment which has been paid to them as the sovereign power of these United States by the troops of great and good ally his Most Christian Majesty under your command. The brilliant appearance and exact discipline of the several corps do the highest honour to their gallant officers and afford a happy presage of the most distinguished services in a cause which they have so zealously espoused, and can not fail to endear to every American the Prince who gives such proofs of his friendship and affection to his allies.

0159 933
WEDNESDAY, SEPTEMBER 5, 1781

A letter, of 3, from Major General Lincoln, was read:

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

A letter, of from Colonel C Pinkney, was read: 1

1 Pinckney's letter, dated September 5, 1781, is in the Papers of the Continental Congress , No. 78, XVIII, folio 461.

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

A letter, of 21 April, from Mr. de Beaumarchais, was read.

The Board of Treasury report, that in pursuance of the order of 21 June last, they have caused the accounts of Captain Miguel Lorenzo Ysnardy, to be adjusted, and find that there is due to him for eight pieces of cannon and naval stores, delivered to the commanding officer at Charlestown, prior to the siege thereof, the sum of one thousand nine of a dollar specie, hundred and sixty-seven dollars and and for the pay of his ship's company employed during the siege, the farther sum of two thousand two hundred and thirty-seven dollars and 45/90; that Captain Ysnardy having informed the Board, that the cannon mentioned above, is the property of his Catholic Majesty, and distinct from the stores which are his private stock, the Board has granted him certificates, one for the amount of the cannon, and another for the stores, with which he is satisfied; that Captain Ysnardy declines receiving any satisfaction for the sum due to himself and crew, assisting in the defence of Charlestown, from a desire of shewing his attachment to the American cause. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 453.

A report of the Board of War was read; Whereupon,

War Office August 31 st 1781 .

Sir ,

The Board have the honor to inform Congress that the Creditors of M r Caldwell are again importunate to be paid the sums which are respectively due them and have proposed to the Board, that they 0160 934 should apply to Congress for a warrant on the State of Virginia for the whole sum for which M r Caldwell is liable. The Board have on a former occasion stated this matter to Congress and at present have only to observe that they are circumstanced in a very disagreeable manner, having given the strongest assurances to M r Caldwell for the payment of this money at the time of the delivery of the goods. They therefore request that Congress will be pleased to adopt the method pointed out for satisfying them.

Should they concur in sentiment with the Board, it will be necessary to resolve,

Resolved , That the accounts of Samuel Caldwell, late agent cloathier, for articles purchased by him, under the orders of the Board of War, be referred to the Board of Treasury for settlement; and that the Board settle the balances due to the several creditors, and report a warrant for the whole on the State of Virginia the same to Congress. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 213.

Another report of the Board of War was read; Whereupon,

War Office Sept 4 th 1781 .

Sir ,

The Board beg leave to transmit to Congress an application of Capt. Henderson for money on account of pay, that he may be enabled to defray his expences to Lewis Town for the recovery of his health.

As this Gentleman's case is particular, the Board report the following resolution:

Ordered , That the Board of War draw a warrant on the paymaster general in favour of Captain John Henderson of the third Pensylvania regiment for three months' nominal pay in bills of the new emission. 2

2 This report is in the Papers of the Continental Congress , No. 148, II, folio 223.

The committee ∥consisting of Mr. Duane, Mr. Randolph, Mr. Mathews∥ to whom was referred the report of the hon ble . J. Laurens, special Minister of the United States at the Court of Versailles ∥respecting his mission∥, delivered in a report; Whereupon,

0161 935

Resolved , That the conduct of Lieutenant Colonel Laurens, in his mission to the Court of Versailles, as special minister of the United States, is highly agreeable to Congress, and entitles him to public approbation.

Resolved , That Lieutenant Colonel Laurens have leave to join the army agreeably to his request. 1

1 These resolutions were also entered in the manuscript Secret Journal, Foreign Affairs. The report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 148, II, folio 229.

A memorial of three Indians was read: 2

2 This memorial, dated September 5, 1781, is in the Papers of the Continental Congress , No. 41, IV, folio 422.

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

Resolved , That the Board of War take order for putting Lieutenant Colonel de Buysson, with respect to his arrears of pay, on a footing of equality with the rest of the officers of the army; and that his pay be liquidated in specie up to this day, and a certificate for the balance made out and delivered to him.

The report of the committee, ∥consisting of Mr. Clymer, Mr. Randolph, Mr. Carroll,∥ on the petition of Roger Kean, in behalf of himself and the officers, mariners and marines, of the private brigantine of war, called the Holker , was taken into consideration; whereby it appearing, that the petitioners entered an appeal according to law against Patrick Mahon and others, in the court of admiralty of Pensylvania, and the necessary stipulations would have been executed in due form, and within due time, had it not been for the indisposition and death of the register:

The Committee to whom was referred the petition of Roger Kean in behalf of himself and the officers mariners and marines of the private brigantine of war called the Holker , praying that the Court of appeals may be directed to receive and hear their appeal against Patrick Mahon and others Report,

0162 936

That although Congress ought not to relieve in any case relievable by the Court of appeals, yet in instances of peculiar hardship, in which the sufferer has not been in fault, and that Court is incapacitated by strictness of law to interpose, Congress should prevent a defect of Justice;

That the petitioners entered an appeal according to law against the said Mahon and others, in the Court of Admiralty of Pennsylvania, and the necessary stipulations would have been executed in due form and within due time had it not been for the indisposition and death of the Register;

That the time allowed for the execution of these stipulations having elapsed through these means, the petitioners moved the court of appeals to receive stipulations executed after that time, but their motion was overruled; the court being by strictness of law incapacitated to interpose:

Resolved , That it be an instruction to the court of appeals, to receive and hear the appeal of the petitioners against the said Patrick Mahon, and others, they entering into the necessary stipulations, on or before the 20th day of this present month September, and giving reasonable notice to the counsel of the said Mahon and others, of this resolution and the execution of such stipulations. 1

1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress , No. 19, III, folio 323.

A report of the committee, ∥consisting of Mr. Sherman, Mr. Duane, Mr. Clymer,∥ to whom was referred a report on the letter of the 12 July, 1780, from John Bradford, was taken into consideration, and, thereupon, it was resolved as follows:

Whereas by a resolution of Congress of the 11th day of May, 1778, the board of war of the State of Massachusetts, was requested with all convenient speed, in the best manner, and for the most money possible, to make sale of a certain snow and her cargo, said to be the property of Messrs. John 0163 937 Ignatius de Oliveria Perceira and Anthony Dios Santos, subjects of the King of Portugal; and to deposit the net proceeds in the public funds of these United States for the benefit of the owners: and whereas the United States have since paid the said owners the value and amount of the said snow and cargo:

Resolved , That the superintendant of finance be, and he is hereby authorised and directed, on behalf of the United States, to take order for the settlement of the accounts respecting the said snow and cargo with the said board of war, and receive from them the net proceeds thereof, according to the just value thereof at the time of sale, with interest thereon at the rate of six per cent. per annum, or the loan office certificates taken for the same, if the money was deposited in the funds agreeably to the said resolution. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 19, I, folio 409.

The report of the committee, ∥consisting of Mr. Sherman, Mr. Duane, Mr. Randolph,∥ to whom were referred the instructions from the assembly of the State of Georgia to the delegates of that State, and their motion thereon relative to Major General R. Howe was taken into consideration; and Thereupon,

The committee to whom was referred instructions from the Assembly of the State of Georgia to the delegates of that State to promote a trial of Major General Howe, and their motion thereon, Report as their opinion:

Ordered , That the extracts from the minutes of the general assembly of the State of Georgia, respecting the conduct of Major General Robert Howe, in his command of the troops in the said State, in December, 1778, be transmitted to the Commander in Chief; and that he be directed to cause an enquiry to be made into the matters therein alleged, in such 0164 938 manner as he shall judge proper, as soon as circumstances will admit. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 19, III, folio 205. A copy of the extracts from the minutes of the Georgia Assembly, dated January 17, 1780, is in the Washington Papers , 97, folio 155; the motion of the Georgia delegates, in the writing of George Walton, is in the Papers of the Continental Congress , No. 19, III, folio 207, and is as follows:

The Delegates of Georgia informed Congress that they had an instruction from the General Assembly of their State, to promote a trial of Major General Robert Howe for his conduct on the 29 day of December 1778 at Savannah, and for exposing the State to the Ravages of the enemy by crossing the Savannah immediately afterwards with all the troops, which instruction they presented, and is as follows:

[Instruction]

The said Delegates farther represented to Congress that, on account of an unavoidable recess in the Government of that State, occasioned by the loss and removal of the troops, the said Instruction could not have been much earlier given.

In obedience therefore to the orders of their constituents and in pursuance of the resolution of Congress of the—day of—177—, they moved that General Washington be directed as soon as circumstances will permit to appoint a Court of Inquiry to be held upon the conduct of Major General Robert Howe respecting the premises, and that upon the report of the said Court of Inquiry he discharge the said Major General Robert Howe, or appoint a Court Martial for his Trial.

Whereupon it was resolved accordingly.

The report of the committee of the week on the letter of Resolve Smith and the memorial of J. G. Heron was read.

The Committee of the week report,

That the letter of Mr Resolve Smith be read; and

That the memorial of J. G. Heron lay over untill the final determination of Congress respecting the depreciated pay of the army. 2

2 This report is in the Papers of the Continental Congress , No. 32, folio 237. Smith's letter, dated September 3, 1781, is in No. 78, XXI, folio 113.

The committee to whom was referred the plan for arranging the treasury office delivered in a report:

Ordered , That to Morrow be assigned for the consideration thereof.

Adjourned to 10 o'Clock to Morrow.

0165 939
THURSDAY, SEPTEMBER 6, 1781

A letter, of 5, from General Washington at Chester was read, announcing the arrival of the fleet under Count de Grasse in Chesapeak. 1

1 This letter is in the Papers of the Continental Congress , No. 152, X, folio 237.

A report from the Board of Treasury was read; Whereupon,

Treasury Office , September 5, 1781 .

The Board of Treasury beg leave to inform the United States in Congress assembled, that there are a number of Letters directed to them now laying in the General Post Office, which the Post Master General refuses to deliver, without the Postage is paid in Specie, which will amount to a considerable sum. The Board are not possessed of any Specie to pay the Postage, and the Public Business may be much injured by the Detention of Letters which the Board have Reason to suppose are of great Importance: the following Resolution is therefore submitted:

Ordered , That the postmaster general cause to be delivered to the Board of Treasury, all letters directed to the said Board, charging the postage arising thereon to account, which he is to exhibit to the auditors on the settlement of his accounts. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 457.

The committee of the week made a report on a memorial of Colonel Udney Hay; Whereupon,

Resolved , That the commissioners of Indian affairs for the northern department be and hereby are empowered to adjust and settle the demands of Jellis Fonda on the contract made by him with Colonel Udney Hay, deputy commissary general of purchases for supplies for the friendly Indians who have retreated to the neighborhood of Schenectada for protection, and to make such equitable allowance for the articles for 0166 940 which no prices are ascertained in the contract as they shall think reasonable. 1

1 This report is in the Papers of the Continental Congress , No. 32, folio 241. Hay's memorial, dated September 3, 1781, is in No. 41, IV, folio 189.

The report of the committee on the regulation of the treasury office was taken into consideration, and after debate:

Adjourned to 10 o'Clock to Morrow.

FRIDAY, SEPTEMBER 7, 1781

A letter, of 6th, from Colonel J. Laurens, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 165, folio 257. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 700.

Ordered , That it be referred to the committee on his former letter, of the 2d.

A memorial from the Hon. the Minister Plenipotentiary of France, was read, enclosing a commission of the Sieur Philip Joseph de l'Etombe, consul general of France, in the states of New Hampshire, Massachusetts, Rhode Island∥ and Providence Plantations,∥ and Connecticut 3 ; Whereupon,

3 Luzerne's letter, dated September 7, 1781, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 702.

Ordered , That the said commission be registered; and that the act of recognition be in the following words:

By the United States in Congress assembled : It is hereby made known to all whom it may concern, that full credence and respect are to be paid to Philip Joseph de l'Etombe, as consul general of France, for the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, and Connecticut, which states are called upon respectively, by virtue of the powers delegated by the Confederation to the United States in Congress assembled, to furnish the 0167 941 said Mr. de l'Etombe with their exequatur or notification of his quality, delivering one copy thereof to the said Mr. de l'Etombe, and causing another to be published in one or more gazettes. Done at Philadelphia, this 7th day of September, in the year of our Lord, one thousand seven hundred and eighty-one, and in the sixth year of our independence.

By the United States in Congress assembled.

T[homas] McK[ean] President ,

Attest:

∥Charles Thomson, Secretary .∥

Resolved , That the President inform the supreme executive power of the states aforesaid, that Congress recommend the following form of the exequatur, to wit:

To all whom it may concern: The Sieur Philip Joseph de l'Etombe, having been recognized by the United States in Congress assembled, as consul general of France, in the State (or Commonwealth) aforesaid, it is hereby declared that the privileges, preeminence and authority belonging to such character and quality are due to him. 1

1 This order and resolution were also entered in the manuscript Secret Journal, Foreign Affairs.

A letter of Benj Hanson was read: 2

2 This letter, dated September 6, 1781, is in the Papers of the Continental Congress , No. 78, XII, folio 175.

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

Some farther information being laid before Congress and read, respecting Colonel Haynes:

Ordered , That the report of the committee on the information of Mr. Neufville, and motion of Mr. [John] Mathews, respecting Colonel Haines, be re-committed; and that the farther information be referred to the said committee. 3

3 See ante , August 31, 1781.

A report from the Board of War was read; Whereupon,

0168 942

Ordered , That the Board of War draw a warrant, on the paymaster general in favour of Captain Patrick Carnes of Lieutenant Colonel Lee's partizan legion for three months' pay and subsistance in bills of the new emission, for which sum he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 233.

The report of the committee, ∥consisting of Mr. Jenifer, Mr. Sharpe, Mr. Clymer,∥ to whom was referred the report of the Board of War, was taken into consideration, wherein they state, That there is due to the following persons, mentioned in a memorial from Capt. J. P. Jones, for services on board the Ariel , the sums of money to their names respectively annexed, viz.

To William Nicholson, captain of marines, including his pay to the 25 August last, 392 36–90 dollars:

To Louis de la Valette, lieutenant of marines, to do. 289 36–90 dollars:

To Charles Prielay, captain's steward, to 16 May, 101 63–90 dollars:

To Cudreux, captain's cook, to do. 51 22–90 dollars:

That the facts are related in a Memorial of Major Samuel Nicholas of Marines are true, and therefore it is the opinion of this Committee that he is entitled to his pay unto the present time, and also that he be appointed to command the Marines on board the Ship America , and directed to repair immediately on that service, and that he be entitled to draw the share of prizes allotted to a Captain of Marines.

[That there appears due to French volunteers, for services on board the said ship Ariel , whose names are in a list transmitted by Mr. Holker, in his letter of 14 August, the sum of six hundred and sixty-six dollars and sixteen-ninetieths of a dollar:]

That there is due to Captain Joseph Hardy, of marines, late of the frigate Confederacy , being the balance of his account of pay, as stated at the pay-office, to the 3d of 0169 943 August, the sum of three hundred and thirty-seven dollars and sixty-eight ninetieths of a dollar:

Ordered , That the paymaster of the Navy Board pay the several sums aforementioned. 1

1 This report, in the writing of Daniel of St. Thomas Jenifer, is in the Papers of the Continental Congress , No. 27, folio 143. The paragraph in brackets was added by Congress.

Ordered , That so much of the report as relates to Major Nicholas be re-committed.

Ordered , That so much of Mr. Holker's letter, of 14 August, as relates to apprehending French seamen, be transmitted to the supreme executive council of Pennsylvania.

On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [James] Duane,

Resolved , That until an agent of marine shall be appointed by Congress, all the duties, powers and authority assigned to the said agent, be devolved upon and executed by the superintendant of finance:

That as soon as the said superintendant of finance shall take upon him the execution of the duties, powers and authority hereby devolved upon him, the functions and appointments of the Board of Admiralty, the several navy boards, agents, and all civil officers under them, shall cease and determine:

Resolved , That the registers, books, and papers, belonging to the admiralty and navy boards, or in their custody, be delivered over to the said superintendant of finance, and preserved by him.

The report of the committee, ∥consisting of Mr. Varnum, Mr. Sharpe, Mr. Carroll,∥ to whom was referred the report of the Board of War on a letter from the quartermaster general, respecting forage in Westchester, was taken into consideration; Whereupon,

Resolved , That Major General Heath, or the commanding officer of the eastern department, cause immediate and 0170 944 equitable measures to be taken for ascertaining the quantity of forage expended by the allied army under the command of General Washington, in the County of Westchester, in the State of New York, during the present campaign, which hath not been accounted for; and that he direct the deputy quartermaster in that department to give certificates accordingly to the state agent of New York, or any other person or persons authorised to receive the same, the certificates given to the state agent to be credited to the Quota of Specific Supplies demanded of the said State. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, V, folio 163. See ante August 23.

Adjourned to 10 o'Clock on Monday.

MONDAY, SEPTEMBER 10, 1781

A letter, of 5th, from Major General Heath at Peakskill, was read, with sundry papers enclosed:

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

A letter, of 5, from Frederick King to Peter Baynton was read:

Ordered , That it be referred to the Committee on the Post Office.

A letter, of 28 August, from the governor of the State of Rhode Island, was read: 2

2 Heath's letter is in the Papers of the Continental Congress , No. 157, folio 286; King's is in No. 78, XIII, folio 577; the Rhode Island letter is in No. 64, folio 516.

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

The members, Mr. [Samuel] Livermore, Mr. [Thomas] Bee, Mr. [Joseph] Jones.

A letter, of 18 August, from George Geddes, was read:

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

The members, Mr. [Edmund] Randolph, Mr. [James Mitchell] Varnum, Mr. [James] Duane.

0171 945

A letter, of this day, from William Grayson, one of the commissioners of the Board of War, was read, requesting that Congress will now be pleased to accept his resignation as commissioner in the war office.

Resolved , That his resignation be accepted.

A letter, of 6, from Colonel John Laurens, was read. 1

1 Grayson's letter is in the Papers of the Continental Congress , No. 78, X, folio 365; Laurens's is in No. 165, folio 267.

The committee of the week made report; Whereupon,

The Committee of the week report,

That whatever damages may be decreed upon a suit brought in the State of Massachusetts on the bond of John Ravel and Nathaniel Silsbee Master and owner of the privateer Morning Star to Michael Hillegas Esquire Continental treasurer for an illegal seizure of the schooner Hodgson be appropriated to the use of the owners of the said schooner and be paid over to their order.

That Benjamin Lithman's [Putnam's] letter requesting the interference of Congress in a judicial process depending in France remain on the table.

That Samuel Barrett or Jon a Pollard who apply for compensation for their trouble in adjusting the accounts of the expenditures of the Convention Troops in the State of Massachusetts and particularly for receiving a large sum in specie in payment for provisions purchased there be referred for compensation to the said State. 2

2 This report is in the Papers of the Continental Congress , No. 32, folio 243.

Ordered , That a letter, of 22 August, from Perez Morton, be referred to a committee of three:

The members, Mr. [James Mitchell] Varnum, Mr. [Joseph] Jones, Mr. [George] Walton;

That a letter, of August 16, 1781, from Sam l Barrett and Jon a Pollard be referred to the Board of Treasury.

Ordered , That a petition of Benj. Putnam lie on the table. A letter of Colonel Louis was read: 3

3 Morton's letter, in reference to the Morning Star , is in the Papers of the Continental Congress , No. 19, IV, folio 449; Barrett and Pollard's letter is in No. 78, IV, folio 277; Putnam's petition, dated February 24, 1781, is in No. 42, VI, folios 258 and 260; Louis's letter is in No. 78, XIV, folio 489.

0172 946

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

The committee of the week was elected:

Mr. [George] Partridge, Mr. [Daniel] Mowry, Mr. [George] Walton.

On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [Roger] Sherman:

Resolved , That it be recommended to the State of Rhode Island and Providence Plantations to pay unto Ezekiel Cornell esq r a commissioner of the Board of War, five hundred and fifty-seven dollars and sixty-ninetieths of a dollar specie in discharge of a warrant drawn in his favour for that sum bearing date the sixth day of this present month, Sept. 1781, signed by the Board of Treasury and directed to Thomas Smith, commissioner of the continental loan office for the State of Pensylvania and that the said State of Rhode Island charge the same to the United States.

A letter, of 8th, and one of 10th, from the superintendant of finance were read: 1

1 The letter of 8th is in the Papers of the Continental Congress , No. 137, I, folio 133; that of 10th is on folio 137.

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

The members, Mr. [John] Mathews, Mr. [Roger] Sherman, Mr. T[homas] Smith.

A memorial from the Hon. the Minister Plenipotentiary of France was read, enclosing a commission from his Most Christian Majesty, appointing the Sieur ∥John∥ Holker consul general in the states of New York, New Jersey, Pensylvania, and Delaware: 2

2 This paragraph and the order following were also entered in the manuscript Secret Journal, Foreign Affairs. Luzerne's letter, dated September 10, 1781, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 703.

Ordered , That the said commission be registered, and an act of recognition issued thereupon.

0173 947

A report from the Board of War was read; Whereupon,

Ordered , That the accounts of Captain George Turner, late commissary of prisoners for the southern army, be referred to the Board of Treasury, who are directed to take measures for settling and adjusting the same. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 237.

The committee to whom was re-committed the report on the information respecting Colonel I. Haines delivered in a report.

A letter, of this day, from the Board of War was read: 2

2 This letter is in the Papers of the Continental Congress , No. 148, I, folio 421.

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

The members, Mr. [James Mitchell] Varnum, Mr. [Samuel John] Atlee, Mr. [James] Duane.

The report of the committee on the regulation of the treasury office being reduced into the form of an ordnance was read a first and second time:

Ordered , That tomorrow be assigned for the third reading.

The committee, ∥consisting of Mr. Varnum, Mr. Atlee, Mr. Duane,∥ to whom was referred the letter, of this day, from the Board of War delivered in a report; Whereupon,

Resolved , That it be, and hereby is, recommended to the states of New Jersey and Pensylvania, immediately to embody three thousand men each, properly officered and equipped, and cause them to rendezvous at such place or places as the commanding officers shall direct.

The delegates for the State of Massachusetts laid before Congress certain resolutions passed by the general Assembly of that State:

Ordered , That they be referred to the superintendant of finance.

Adjourned to 10 o'Clock to Morrow.

0174 948
TUESDAY, SEPTEMBER 11, 1781

A letter, of this day, from J. Moylan, cloathier general; and

One, of the same date, from Doct Oliphant, deputy director, were read: 1

1 Monlan's letter is in the Papers of the Continental Congress , No. 78, XVI, folio 231; Olyphant's is in No. 78, XVII, folio 341.

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

The committee of the week made report; Whereupon,

Ordered , That a petition of William Hardy lie on the table;

That a letter of Baron d'Arendt be referred to the Board of War; 2

2 Hardy's petition is in the Papers of the Continental Congress , No. 42, III, folio 427; d'Arendt's letter is in No. 78, VII, folio 407.

That a letter and account of Ann Roberts, as executrix to her late brother, Robert Jewell, be referred to the Board of Treasury. 3

3 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 32, folio 247.

The Committee on the Post Office, to whom was referred a letter from Frederic King, delivered in a report; Whereupon,

Resolved , That Major General Heath be directed to order a proper escort for the safe conveyance of the mail between the post offices at Morristown and Fish Kill. 4

4 This report is in the Papers of the Continental Congress , No. 61, folio 489.

The ordinance for regulating the treasury, &c. was read a third time, and passed in the following form:

AN ORDINANCE FOR REGULATING THE TREASURY, AND ADJUSTING THE PUBLIC ACCOUNTS.

Be it ordained by the United States in Congress assembled, that from and after the 20th day of September, 1781, the functions and appointments of the commissioners of the treasury, chambers of accounts, auditor general, auditors and extra commissioners of accounts, their assistants, under officer 0175 949 and clerks, shall cease and determine; that for the more effectual execution of the business of the treasury, and the settlement of the public accounts, the following officers shall be appointed in aid of the superintendant of finance, his assistant, accountant secretary and clerks, namely, a comptroller, a treasurer, a register, auditors and clerks. The comptroller shall be appointed by Congress, with general authority to inspect and superintend the settlement of public accounts, and all subordinate officers concerned therein; it shall be his immediate duty to see that the public accounts are expeditiously and properly adjusted, and accurately and safely kept. And, that it may be done with the greater facility, he shall direct a general form in which all the public accounts shall be stated and rendered. He shall take care that the balances of public moneys are punctually deposited in the hands of the treasurer. The comptroller shall commit every account to such clerk for examination, as he shall judge most proper for that purpose, naming also the auditor to whom the clerk shall transmit it. When an account is audited in the manner herein after described, it shall be reported to the comptroller, and any person who shall think himself aggrieved by the judgment of the auditor, shall have a privilege of appealing, within fourteen days, to the comptroller. In all such appeals the comptroller shall openly and publicly hear the parties, and his decision shall be conclusive. The account being finally adjusted, shall be transmitted by the comptroller to the register, to be entered of record; and a note of the balance shall be certified by the comptroller to the superintendant of finance, to make out the proper warrants for payment.

The treasurer shall be appointed by Congress. It shall be his duty to receive and keep all moneys of the United States, and issue them on warrants drawn by the President of Congress, or the superintendant of finance. On receiving money 0176 950 he shall give a receipt, and on every payment take one, to serve as his voucher. He shall render his accounts quarterly to the comptroller for examination and settlement, and transmit a copy, when audited, to the superintendant.

The register shall be appointed by Congress. He shall keep all the public accounts, both of receipts and expenditures, and every warrant on the treasurer or others shall be entered and countersigned by the register before it shall be paid. He shall have the appointment of the clerk or clerks necessary to assist him in his office.

The auditors, the number of whom shall be fixed by the superintendant of finance, shall be appointed by Congress. After an account shall be examined by the clerk, in the manner herein after directed, it shall be delivered to the auditor, who shall hear the party and the clerk, and determine upon the objections, and being satisfied that the account is properly adjusted, shall pass it as audited, and transmit it to the comptroller.

The clerks, the number of whom shall also be regulated by the superintendant of finance, shall be appointed by the comptroller: it shall be their duty, respectively, to examine all accounts which shall be committed to them by the comptroller, to correct all errors, and to note in writing what may appear exceptionable, either as to the propriety of the charges, or the validity of the vouchers; and transmit the accounts with his remarks, to the auditor; and the party, for himself, and the clerk, on behalf of the public, shall be heard before the auditor.

That the several officers before mentioned, shall respectively take an oath, to be administered by the President of Congress, or one of the judges of the supreme or superior court within any of the United States for the faithful execution of the trust reposed in them respectively. 1

1 This report, in the writing of James Duane, is in the Papers of the Continental Congress , No. 136, V, folio 459.

0177 951

[The Committee to whom the letter of the 24 instant from the Superintendent of Finance was referred—Report]

Resolved , That the salary of the comptroller be eighteen hundred and fifty dollars in specie per annum:

That the salary of the treasurer be fifteen hundred dollars per annum:

That the salary of the register be twelve hundred dollars per annum:

That the salary of each auditor be at the rate of one thousand dollars per annum:

That the salary of each clerk be at the rate of five hundred dollars per annum.

Resolved , [That the superintendant of finance be, and hereby is, authorised to appoint a secretary in his office, with a salary of one thousand dollars per annum specie .]

Ordered , That Friday next be assigned for the election of a Comptroller, Treasurer and Register. 1

1 This report, in the writing of Thomas McKean, except the portions in brackets, which are in the writing of Thomas Bee, and the last paragraph, which is in Thomson's writing, is in the Papers of the Continental Congress , No. 19, IV, folio 325.

The committee on the letters, of 8 and 10, from the superintendant of finance delivered in a report.

The Committee of Commerce, to whom was referred the petition of Sam l Bryan, delivered in a report.

The Committee of Commerce report the following resolution upon the memorial of Samuel Bryan:

That no passport for the importation of salt from any part of the British Dominions be granted, but at the instance of a State, and that a State, the situation of whose trade may render such passport absolutely necessary for the introduction of salt. 2

2 This report is in the Papers of the Continental Congress , No. 19, I, folio 433. See post , September 24. The report, as the indorsement shows, was rendered obsolete by the report on the petition of Thomas Savage.

Adjourned to 10 o'Clock to Morrow.

0178 952
WEDNESDAY, SEPTEMBER 12, 1781

The committee on the memorial of Thomas Savage;

The committee on the letter, of 22 August, from Perez Morton;

The Committee to whom was referred the letter of Perez Morton beg leave to Report, That M r Michael Hillegas Esq r be directed to execute the Power of Attorney as requested by M r Morton, and that the monies finally recovered in the Suit instituted upon the Bond mentioned in said letter be lodged in the Treasury of the United States. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, IV, folio 451, indorsed on Morton's letter. The report was referred, as the indorsement shows, on February 1, 1782, to a committee composed of McKean, Boudinot and Livermore.

The committee on the memorial from sundry merchants in Boston and petition of sundry inhabitants of Pensylvania; and

The Committee to whom were committed the Memorial of divers Merchants of the State of New York and the Memorial of Divers Merchants of the State of Massachusetts beg leave to report the subject Matter of their Memorials respecting Debts between them and Merchants of Great Britain contracted previous to the present War cannot be decided upon antecedent to a Negociation of Peace wherein the just Rights of the Citizens of the United States will be fully attended to and secured agreable to the Laws of Nations. The Committee beg Liberty farther to Report that whereas the United States in Congress assembled are determined to administer full and equal Justice to all public Creditors, and whereas many of the Citizens of the United States have been greatly injured by the Operation of tender Laws which were originally founded in the best of principles tho' by the Depreciation of the paper Currency enabled many to discharge their contracts by partial tho' nominal Payments: Resolved therefore that it be earnestly recommended to the Legislators of the respective States to enact Laws whereby all Payments made in paper Currency in Pursuance of tender Laws since the first day of September A.D. 1777, in Discharge of Debts contracted prior to the first day of January A.D. 1777, shall be considered as money advanced on account 0179 953 and that actions at Law be provided for recovering the Difference between the real sum due and the nominal Payment with Interest and that where such payments have been made in discharge of Mortgages the Difference as aforesaid remain a Lien upon the Estates Mortgaged provided an after sale has not been bona fide made by the Mortgagor or his Heirs and Whereas some Cases may have happened requiring equitable Relief which cannot be reduced to a fixed Principle of Law, It is therefore recommended as aforesaid that Courts of Chancery or Equity be empowered to take cognizance of and decree upon them.

The Committee refer the Memorial of divers Inhabitants of the State of Pennsylvania to the foregoing reports. 1

1 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 20, I, folio 375. On September 29 it was postponed.

The committee appointed to confer with Major Burnet; delivered in their several reports.

The report of the committee ∥consisting of Mr. Mathews, Mr. Sherman, Mr. T. Smith∥ on the letters of 8 and 10 from the superintendent of finance was taken into consideration; Whereupon,

Resolved , That the superintendent of finance be, and hereby is, authorised and directed to fit out and employ the ships of war belonging to these United States, in such manner as shall appear to him best calculated to promote the interest of these United States; and that all necessary expences incurred in consequence thereof, be defrayed by the United States. 2

2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 19, IV, folio 331.

The report of the committee on the memorial of Thomas Savage was taken into consideration; after debate:

Ordered , That it be re-committed.

On motion of Mr. [James] Duane, seconded by Mr. [James Mitchell] Varnum:

Ordered , That a committee of three be appointed to confer with the Board of War on the subject of the letter from Colonel Louis, and in conjunction with them to take order:

0180 954

The members, Mr. [James] Duane, Mr. [Roger] Sherman, Mr. [Thomas] Bee.

The report of the committee appointed to confer with Major Burnet was taken into consideration:

Ordered , That it be re-committed and that the committee confer with the Board of War and superintendant of finance on the subject.

A report from the Board of War was read; Whereupon,

War Office September 11 th . 1781 .

Sir ,

The Board do themselves the honor to enclose to Congress two estimates one for furnishing General Heath's Table the other for General Greene's.

If those estimates should meet the approbation of Congress the Board will order the articles contained in the estimate, purchased and forwarded to General Greene and the money forwarded to General Heath, as the Board are well informed he can procure the articles on better terms than they can at this place and pay the transportation. Should Congress agree to this report it may be proper to resolve,

That the Superintendant of Finance take order for furnishing to the orders of the Board of War, the sum of two hundred and thirty seven pounds to be applied by them agreeable to their report of the 11 th Inst 1 .

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 241.

Ordered , That the superintendant of finance take order for furnishing to the Board of War the sum of six hundred and thirty-two dollars to be applied by them agreeably to their report of the 11th instant, and the farther sum of five hundred dollars for the use of Major General Greene.

A memorial of Major General A. St. Clair, and a letter, of 1st, from Brigadier General Stark, 2 were read:

2 St. Clair's memorial is in the Papers of the Continental Congress , No. 43, folio 247; Stark's letter is in No. 78, XXI, folio 117.

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

The members, Mr. [Richard] Howly, Mr. [William] Sharpe, Mr. [George] Partridge.

0181 955

The committee of the week made report; Whereupon,

Ordered , That a letter, of 1st, from General Schuyler; and

A letter, of 21 August, from Major Galvan, be referred to the Board of War. 1

1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 32, folio 249; Galvan's letter is in No. 78, X, folio 353; Schuyler's is in No. 153, III, folio 573.

The committee, ∥consisting of Mr. Clymer, Mr. Lovell, Mr. Sherman, ∥ to whom was referred the letter from S. Deane, of 15 May, report,

That provision is made for the examination of Mr. Deane's accounts, by the appointment of a vice consul; Whereupon,

Ordered , That Mr. Deane be informed of that appointment.

The committee, ∥consisting of Mr. Clymer, Mr. Lovell, Mr. Sherman,∥ on the letter of 12 April, from Mr. W. Lee, report,

“That upon principles admitted by Congress, in the settlement of an account similar to that transmitted by Mr. Lee, there appears to be due to him a balance of forty-two thousand, one hundred and eighty-nine livres tournois;” Whereupon,

Ordered , That the account be referred to the superintendant of finance, to take order for payment of the balance, [with interest at the rate of six per cent. per annum, from this day, as soon as the state of the public finances will admit.] 2

2 This report, in the writing of George Clymer, except the part in brackets, which is in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 19, III, folios 519–521.

A motion was made by Mr. T[homas] Smith, seconded by Mr. [George] Clymer.

That Major General St. Clair cause the levies of the Pensylvania line now in Pensylvania to rendezvous at Reading;

0182 956

On which the yeas and nays being required by Mr. [George] Clymer:

New Hampshire, Mr. Livermore, ay * Massachusetts, Mr. Lovell, no Partridge, no no Osgood, no Rhode Island, Mr. Mowry, no no Varnum no Connecticut Mr. Sherman, no * New York, Mr. Duane, ay div. L'Hommedicu, no New Jersey, Mr. Witherspoon, no * Pennsylvania, Mr. Atlee ay Clymer, ay ay T. Smith Delaware, Mr. McKean, ay Maryland, Mr. Carroll, no, * Virginia, Mr. Jones, no Madison, no no Randolph no North Carolina, Mr. Sharpe, no * South Carolina, Mr. Mathews, no Bee, no no Motte no Eveleigh no Georgia, Mr. Walton, no no Howly, no

So it passed in the negative.

A report from the Board of War on the petition of Thomas Smith and William Stone was read; Whereupon,

War Office September 12 th 1781 .

Sir ,

The Board have been honored with a reference from Congress of the memorial of Thomas Smith and William Stone. We have no doubt of the representation of the memorialists so far as relates to their being taken into the service of the United States, from which they were discharged on the 3 d of November last. As to the payment of the passages of the families of officers in Continental service, the Board are unacquainted therewith farther than that on a reference to two Gentlemen of Philadelphia an allowance was made to the owners of the vessel mentioned in the memorial, beyond what this Board deemed reasonable and probably the passages of some of the 0183 957 Families of officers might have been taken into consideration by the Referees who were appointed by the Treasury Board and the owners of the vessel, the former acting by authority from Congress given them for the purpose. We have no doubt of the Utility of the memorialists to the United States as well on past occasions as in services now in contemplation. But as the payment of the passages of any Families has not been made by any express authority from Congress, or with the consent of this Board we cannot report in favor of the petition unless the rule was generally adopted. If Congress however are of opinion that an exception can be made on account of the peculiar usefulness of the Petitioners they will be pleased to direct,

That the memorial of Thomas Smith and William Stone be referred to the Treasury Board who are directed to take order for payment of the passages of the Families of the said Thomas Smith and William Stone from Charlestown to Philadelphia.

Probably a less exceptionable way will be to order

Ordered , That the sum of one hundred and seventy-six dollars be paid advanced to Thomas Smith and William Stone in consideration of services rendered the United States on account.

But if Congress are of opinion that the Prayer of the Petition cannot be granted they will be pleased to resolve,

That the Prayer of the Petition of Thomas Smith and William Stone who request payment of the passages of their Families from Charlestown to Philadelphia cannot with expediency be complied with under the present circumstances of the Finances of the United States. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 247.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, SEPTEMBER 13, 1781

On motion of Mr. [Roger] Sherman, seconded by Mr. [John] Witherspoon,

Resolved , That Thursday, the 13th day of December next, be appointed to be observed as a day of public thanksgiving 0184 958 throughout the United States; and that a committee be appointed to prepare and report a proclamation suitable to the occasion: The members, Mr. [John] Witherspoon, Mr. [Joseph] Montgomery, Mr. [James Mitchell] Varnum, Mr. [Roger] Sherman.

Congress resumed the second reading of the ordinance respecting captures, and some time being spent:

Adjourned to 10 o'Clock to Morrow.

FRIDAY, SEPTEMBER 14, 1781

A report from the committee of the week was read; Whereupon,

The Committee of the Week report,

That the petition of Stephen M c Crea praying for an allowance of Interest on Cash advanced by him for the publick use in Dec r . 1776 be referred to the Board of Treasury to take order.

That the petition of Owen Ferris purporting that he is sued for a Debt due from him as a Quarter master and praying for relief be referred to the Board of Treasury. 1

1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 32, folio 251.

Ordered , That a petition of Stephen McCrea be referred to the Board of Treasury to take order;

That a petition of Owen Ferris be referred to the Board of Treasury.

A report from the Board of Treasury was read; Whereupon,

Ordered , That the sum of four thousand nine hundred and one dollars and 41/90 of a dollar in specie certificates payable in one year be advanced to Samuel Miles, quartermaster for Pensylvania, on account of Colonel T. Pickering, quarter-master general, for the payment of a brigade of teams employed in the public service, and for which sum the said quartermaster general is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, V, folio 463.

0185 959

The committee to whom was re-committed the report on the memorial of Thomas Savage delivered in a report.

The Committee to whom was recommitted their report on the foregoing petition report the following resolution viz:

Resolved , That the Inhabitants of the Island of Bermuda be permitted freely to import Salt into any of the United States 'till the farther Order of Congress, any former Resolutions or Ordinances to the contrary notwithstanding; And all Commanders of Armed Vessells or others citizens of any of the United States are strictly charged and commanded from and after the fifteenth day of October not to molest any of the said Inhabitants navigating upon the high Seas, loaded with Salt, or utensils for procuring the same, or on their Passage from any of the United States to the said Island, provided that on such return they shall be furnished with a Certificate or Clearance of their Cargoes from the Officer of the Port from whence they last departed.

Resolved , That the said Inhabitants be permitted to export in Return for their Salt, Rice, Wheat, Indian Corn, Rye or Barley in Grain.

Resolved , That in proportion to every hundred Bushels of Salt imported as aforesaid, the said Inhabitants, in addition to the grain aforesaid, be permitted to export two Barrels of Beef or Pork and two Barrels of Flour over the above the Provisions necessary for their voyage.

The committee to whom was recommitted their report upon the petition of Thomas Savage report that in lieu of the last resolution formerly reported be inserted the following proviso and resolve:

Provided , That the said Inhabitants be not permitted to export more than Eighty Thousand Bushels of Grain of every kind in the Space of one Year, and in Proportion thereto Monthly; That is to say from the State of New Hampshire Bushels; M[assachusetts], Bushels &c.

Resolved , That it shall not be lawful to export Money, or any other Articles in Return for the Salt aforesaid, excepting Grain as aforesaid.

Resolved , That the Passports granted to the States of Virginia and Maryland, by a Resolution of the day of so far as the same have not been actually applied, be and the same are hereby recalled.

0186 960

Resolved , That the Quantity of Grain that may be exported by Virtue of any of the Passports aforesaid, be considered as part of the Proportions of said States, mentioned to be exported aforesaid.

Resolved , That no Grain shall be exported by Virtue of these Resolutions till Stipulation be made in the Naval or Clearance of the State from whence the same is to be exported, for discharging the same in the said Island, and for appropriating the same for the Sole Use and consumption of the Inhabitants thereof; which Stipulation shall not be cancelled till a Certificate be produced from three reputable Inhabitants of said Islands Friends to the United States, ascertaining a full Compliance with the Conditions aforesaid. 1

1 These reports, in the writing of James Mitchell Varnum, are in the Papers of the Continental Congress , No. 41, IX, folios 177 and 179. See September 28, when they were rejected.

The following paragraph was submitted. It is in George Walton's hand and is in the Papers of the Continental Congress , No. 41, IX, folio 181:

Which said quantities of grain shall extend so far as may be wanting for the support of the inhabitants of the Island aforesaid, and that such vessel or vessels as may be employed in bringing the said salt shall give bond and security, that the said grain be landed in Bermudas and upon a certificate being produced from three gentlemen of reputation, friends to the American cause, to be appointed by the inhabitants, the said bond shall be cancelled.

And the following, which is on folio 183:

Resolved , That the grain exported to said Island of Bermuda by virtue of the foregoing resolution in any one year from any one State in the union shall not exceed the amount of thousand bushels.

On motion of Mr. [Edmund] Randolph, seconded by Mr. [Roger] Sherman,

Resolved , That until the ratification of some convention between his Most Christian Majesty and the United States, concerning vice consular power, every vice consul of his Most Christian Majesty shall, upon the application of the consul appointing him to the supreme executive power of the State to which he may be sent, receive the exequatur, in like form with the exequatur delivered to a consul mutatis mutandis , and thereupon, the same proceedings shall be had with respect to publication. 2

2 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.

Ordered , That the election of a comptroller, treasurer and register be postponed till Tuesday next.

0187 961

The committee on the letter, of 28 August, from the governor of Rhode Island, &c.; and

The committee on the letter, of 23 August, from Major General the Marquis de la Fayette, and a paragraph of a letter, of 14 May, from the hon ble . Doct Franklin, delivered in their respective reports.

Congress resumed the second reading of the ordinance respecting captures, and some time being spent thereon:

AN ORDINANCE RELATING TO CAPTURES.

In pursuance of the powers delegated by the Confederation in cases of Capture on Water.

Be it ordained by the United States in Congress assembled, that N. o . 1. A from and after the first day of November next all resolutions and ordinances of Congress relating to captures or recaptures on water and coming within the purview of this ordinance shall be null and void: But questions of this nature arising N. o 2. before or which shall be undetermined at that day shall be determined at any time during the War with Great Britain according to them, in the same manner, as if this ordinance had never been made.

It shall be lawful to capture and to obtain condemnation of the property hereinafter enumerated if found below high water mark; that is to say.

I. All ships and other vessels of whatsoever size or denomination belonging to an enemy of the United States, with their rigging, tackle, apparel and furniture.

II. All goods wares and merchandizes belonging to and found on board of a ship or other vessel of such enemy.

III. All contraband goods, wares and merchandizes belonging to such Enemy in the ship or other vessel of whatsoever nation found.

IV. All contraband goods, wares and merchandizes to whatever B nation belonging, altho' found in a neutral bottom, if destined for the use of an Enemy.

V 3. All ships or other vessels, goods, wares, and merchandizes belonging to any power or the subjects of any power against which letters of marque or reprisal shall have issued.

0188 962

VI 4. All ships or other vessels with their rigging, tackle, apparel and furniture and with their cargoes to whatsoever nation belonging, destined to any port or place invested, besieged or blockaded, by a sufficient force belonging to in the service of or co-operating with the United States, so effectually as that one cannot attempt to enter into such port or place without evident danger.

V II . All ships or other vessels, with their rigging, tackle, apparel and furniture, and with their cargoes, found in the possession of pirates.

The goods wares and merchandizes to be adjudged contraband are the following, that is to say, Cannons, Mortars, fire N. o . 3. arms, pistols, bombs, granadoes, bullets, balls, fusees, flints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, pouches, cartouche boxes, saddles and bridles, D in any quantity beyond what may be necessary for the ship's provision and may properly appertain to and be judged N. o . 4 . necessary for every man of the ship's crew or for each passenger.

If it shall manifestly appear that of any entire thing of which division cannot be made without injury to its value a subject of the enemy and a citizen or a subject of a foreign power not being an enemy are joint holders, the whole shall be condemned and sold for gold or silver; the proper proportion of the net proceeds of which shall be deposited in the treasury of the State in which the sale shall be, to be paid to the order of such citizen or the subject of such foreign power.

If such division can be accomplished, but neither the citizen nor the subject of foreign powers nor his agent shall require specific restitution of his property there shall be a sale in the same manner as if the property were indivisible. But if in such case a requisition be made to this effect, the due proportion shall be N o . 5. specifically restored according to the ratio of the number and value of the property

Whose property shall have been originally captured on land from a citizen of the United States and shall be recaptured below high water mark by another citizen thereof restitution shall be made to the former owner upon the payment of a reasonable salvage not exceeding one fourth part of the value, no regard being had to the time of possession by the enemy.

0189 963

In all cases of recapture by an armed vessel fitted out at the N o . 6. expence of the United States of a vessel or other effects belonging to a citizen the Court shall adjudge the proportion which would be due to the United States of such recapture to be remitted to the original owner such citizen; no regard being had to the time of possession by the enemy.

In all other cases of recapture restitution shall be made to the owner upon payment of one third part of the true value N o 7. for salvage, if the property shall have been retaken in less than twenty four hours after the capture.

But if it shall not have been retaken until the expiration of twenty four hours after the capture restitution shall not be made of any part.

Besides those who are duly authorised to make captures by a N o . 8. E special commission, captures of the property of an enemy shall be allowed adjudged lawful,

1. when made by a private vessel not having such commission N o . 9. satisfactory proof being produced, that they were made in pursuing the course of her voyage and repelling a previous attack from an enemy.

2. by any body or detachment of regular soldiers. 3. by inhabitants of the Country, if made within N o 10. cannon shot of the shore.

4. by an armed vessel sailing under a commission of his Most Christian Majesty.

5. by the crews of British vessels, while captures of this sort are licensed by the British.

Recaptures shall be made by no other person than those authorized to make Captures, except the Crews of vessels retaken.

The destruction of papers or the possession of double N o . 11. papers by any captured vessel shall be considered as evidence for condemnation unless good cause be shown to the contrary.

From and after the first day of November which shall be in the year of our Lord one thousand seven hundred and Eighty-one, any letters of passport or safe conduct granted before the twenty seventh day of March last under the Authority of Congress to any person whatsoever for removal of property from a place beyond sea within the Dominions or possessions of the British King shall be void.

0190 964

Upon the capture of a vessel commissioned as a Man-of-War or privateer, by any of the ships vessels of war of the United States of America, the whole of the property condemned shall be adjudged to the captors to be divided in the following manner, that is to say N o . 12.

Upon the capture of any other vessel if made by a * vessel of war belonging to the United States, one half of the property condemned shall be decreed to the United States, and the other half to the captors to be divided as aforesaid; if by a N o . 13. private vessel not having a Commission the whole shall be decreed to the captors to be divided as aforesaid: if by any body or detachment of regular soldiers regular or other troops in the service of the United States, the whole shall be adjudged to the captors to be divided as aforesaid to be divided according to the portions of pay respectively allowed them in proportion N o . 14. to the pay in the line of the army; if by inhabitants of the country being in arms, the whole shall be adjudged to the captors to be divided as aforesaid equally among them, N o . 15. provided that if any such inhabitant shall be wounded in making the capture, he shall be entitled to two shares and if killed his legal representatives shall be entitled to four N o . 16. shares: if by the crews of British vessels, the whole shall be adjudged to the captors (except in these instances which the capture may belong to an American citizen), divided at the discretion of the Court.

On recapture by an armed vessel belonging to the United N o . 17. States of a vessel under the protection of a vessel belonging to the enemy equipped in a warlike manner commissioned as a man-of-war or privateer, or where the vessel retaken is equipped in a warlike manner, the proportion to be N o . 18. withdrawn from the original owners shall be divided as in the case of a capture of an enemy's vessel equipped in a warlike manner commissioned as a man-of-war or privateer.

On recapture by an armed vessel belonging to the United N o . 19. States of a vessel under the protection of an hostile vessel not equipped in a warlike manner commissioned as a man-of-war N o . 20. or privateer; and where the vessel retaken is not equipped in a war-like manner the proportion to be 0191 965 withdrawn from the original owner shall be divided as in the case of an hostile vessel not equipped in a warlike manner N o . 5. commissioned as a man-of-war or privateer.

The rules of decision in the several courts shall be the resolutions and ordinances of the United States in Congress assembled, public treaties, when declared to be so by an act of Congress, and the law of Nations, according to the general usages of Europe. Public treaties shall have the preeminence in all trials.

This ordinance shall commence in force on the first day of November next

Done &c. 1

1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 59, III, folio 273. The following paper, in the writing of James Madison, indicates the amendments which were made at his suggestion. It is on folios 280, 295, and 280:

N o . 1. After Captures—or recaptures.

N o . 2. After “before” insert, “or which shall be undetermined at.”

N o . 3. After rule VII. insert—The goods, wares, and Merchandizes belonging to an Enemy (contraband goods and goods destined to a blockaded or besieged port being always excepted) found in a vessel, belonging to a foreign nation other than an enemy, shall in no case be subject to condemnation.

N o . 4. Add to the list of contraband, cables, large ropes, Masts &c: or substitute the list in the Treaty between U.S. and France.

N o . 5. Strike out the words after restored to the end of paragraph. After value—no regard being had to the time of possession by the Enemy and

N o . 6. Strike out the paragraph and substitute the following: “In all cases of recapture by an armed vessel fitted out at the expense of the U.S. of a vessel or other effects belonging to a citizen the Court shall adjudge the proportion which would be due to the U.S. to be remitted to such citizen; no regard being had to the time of possession by the enemy.

N o . 7. See papers [here the paper is torn off] time of possession by the Enemy.

N o . 8. Strike out allowed and insert “Adjudged lawful.”

N o . 9. Between made and in insert “in pursuing the course of her voyage.”

N o . 10. Cannon shot of shore.

N o . 11. Alter so as to read thus: The destruction of papers unless good cause be shewn therefor, or the possession of double papers by a captured vessel, shall be

considered as evidence for condemnation.N o . 12. See paper N o . 12.

*After half add: “of the property condemned.”

N o . 13. Strike out “to be divided as aforesaid.”

N o . 14. Strike out as aforesaid and insert: “According to the proportions of pay respectively allowed them.”

N o . 15. Strike out as aforesaid and insert: “equally among them, provided that if any such inhabitant shall be wounded in making the capture he shall be entitled to two shares, and if killed his legal representative shall be intitled to 4 shares.“

N o . 16. Strike out the parenthesis.

N o . 17. Between recapture and of insert by an armed vessel belonging to U.S. N o . 18. Strike out the word “so” and after equipped add “in a warlike manner.”

N o . 19. Between recapture and of insert, by a vessel of war an armed vessel belonging to U. S.

N o . 20. Strike out “so” and after equipped add in a warlike manner.

Paper No. 12 referred to is also in Madison's writing and is on folio 281. It is as follows:

N o . 12. To the Commander in Chief of the Navy of the United States shall be allotted 1/20 part of all prizes taken by an armed vessel or vessels under his orders and command: when there shall be no such commander in chief the 1/20 part allotted to him shall be paid into the Treasury of the United States. To the Captain of any single armed vessel 2/20 parts, but if more ships or vessels be in company when a prize is taken then the 2/20 parts shall be divided equally among all the Captains.

To the Captains of Marines, Lieutenants and Masters 3/20 parts of all prizes taken when they are in company, to be divided equally among them:

To the Lieutenants of Marines, Surgeons, Chaplains, pursers, boatswains, gunners, carpenters, masters mates and the secretary of the fleet 2/20 parts and one half of 1/20 part to be divided equally among them:

To the following petty warrant officers, viz: Midshipmen, (allowing for each ship six, for each Brig four and for each sloop two) Captains Clerks, Surgeons Mates, Stewards, Sail Makers, Coopers, Armourers, (allowing for each vessel one of each only) boatswains mates, Gunners Mates, Carpenters Mates, (allowing for each vessel two of each) Cooks, Cockswains (allowing for each vessel one of each) Serjeants of Marines (allowing 2 for each ship and 1 for each brig and sloop) 3/20 parts to be divided equally among them. And when a prize is taken by any vessel on board or in company of which the Commander in Chief is, then the Commander in Chief's Cook or Cockswain shall be added to the said petty warrant officers, and share equally with them:

The remaining 8/20 parts and 1/2 of 1/20 part shall be divided among the rest of the vessels company or companies, as it may happen, share and share alike.

No officer nor man shall have any share but such as are actually on board their several vessels when any prize or prizes shall be taken, excepting only such as may have been ordered on board any other prizes before taken or sent away by his or their commanding officers:

The following paper, in the writing of James Lovell, has reference to the report as indicated by the marginal letters. It is on folio 293.

REMARKS ON THE PROPOSED ORDINANCE OF CONGRESS RELATING TO CAPTURES

A. Not sufficiently clear in the expression should be thus “Nevertheless all captures and recaptures which shall have been made and all admiralty suite and causes which shall have been instituted before the said — day of — shall be conducted adjudged and determined upon in same manner as if this ordinance had not been made.”

B. If destined for the use of an Enemy—Quere—how shall this be ascertained?

C. This article being very important I beg leave to observe upon it; that an enemy may by virtue thereof cover the whole of their property upon the seas, unless the Law could point out such Substantial Proofs of the property of the Ship as cannot easily be counterfeited or procured for the purpose of deception as for instance, that every Ship said to be neutral shall produce her Register with the official seal of the neutral nation; or if transfers have been made those transfers certified and authenticated by the like official seal—otherwise she stroll not be deemed a neutral Bottom so as to protect enemies goods on board. At any rate I think the word Capture in this clause C. should be omitted, as captains of Privateers cannot judge at sea of the propriety of the Capture in nice cases. If they take without any Colour of Law, they are subject to pay costs, Damages and other penalties; but if the case should be a doubtful one they ought to take and let the Court determine, whether Prize or not. This prohibition may perhaps be construed to subject them to damages in all cases of acquittal, however doubtful the case may be.

D. Quere—Should not cables, large ropes, masts &c. necessary for a Fleet be included?

E. After the Words “shall be allowed” add—and adjudged agreeably to the Laws of this ordinance. Quere—as to non-commissioned vessels: Regular soldiers or citizens inhabitants cannot take unless the property be driven on the shore or very near it. All other parts of the ordinance restrict the jurisdiction to the limits of low water mark, within cannon shot of the shore . Is it intended that the Prize shall be taken by Cannon shot from the shore; or that the inhabitants may go out in Boats and take prizes in that distance without commission. The distance had better be ascertained by miles.

F. Should be thus

Any Captured vessel having double papers or clearances shall be subject to condemnation.

The following, in James Madison's writing is on folio 283:

EFFECTS SUBJECT TO CAPTURE AND CONDEMNATION

I. All ships and other vessels of whatever size or denomination belonging to any Enemy of the U.S. with their rigging, apparel and furniture:

II. All goods, wares and merchandizes, belonging to , and found on board a ship or vessel of such Enemy:

III. All contraband goods, wares, and merchandizes belonging to Qu: as to this such Enemy, in whosesoever ship or vessel found and whithersoever destined :

IV. All goods, wares, and merchandizes found in a hostile bottom, to whomsoever belonging, and whithersoever destined:

V. All contraband, goods, wares, and merchandizes to whomsoever belonging, destined to any port or place for the use or operations within the dominion or possession, [or to a fleet at sea or elsewhere] of such enemy:

VI. All vessels, goods, wares and merchandizes, taken by virtue of letters of marque or reprisal:

VII. All vessels with their cargoes, to whomsoever belonging, destined to any port or place, blocked up by vessels of war belonging to, in the service of or co-operating with the U. States: (insert besieged and shut up by batteries.)

VIII. All vessels with their cargoes in the possession of Pirates or Robbers on the high seas—if they be not claimed within a year and a day—if claimed within that time, to be restored reserving ⅓ for salvage to the captor (Salvage to be discretionary).

The following Captures shall not be lawful, viz:

I. Of vessels belonging to a foreign nation not associated in the war with the Enemy other than an enemy although laden with articles belonging to the Enemy; vessels bound to a blockaded place being always excepted:

II. of property belonging to an Enemy found in bottoms belonging to such foreign nation: Contraband articles being always excepted:

III. of vessels or other property to whomsoever belonging, under protection of such foreign power.

No Prince nor State, nor subject of either, shall be adjudged an Enemy, until some act of the United States in Congress assembled shall be made declaratory thereof. But if a hostile attack be made prior to such declaratory act by any armed vessels belonging to such Prince or State or the subjects thereof, being authorised for that purpose, or any vessel belonging to the citizens in such case the capture of the vessel so attacking, shall be adjudged lawful.

The goods, wares and merchandizes to be adjudged contraband are the following to wit:

Such port or place only is to be considered as blocked up, into which no vessels of war stationed there, or land batteries.

The following, in James Mitchell Varnum's writing, is on folio 279. It was not incorporated in the ordinance:

If such goods, wares and Merchandize should be water borne in any neutral or other vessel, navigating northward of the Latitude and evidently destined to any port within the United States, the same shall be liable to Capture and condemnation; provided, however, that upon proofs being made that such goods, wares and Merchandize shall be free, if proof be made of their having been previously captured by an Enemy at War with Great Britain, and legally condemned.

See under December 4.

Adjourned to 10 o'Clock on Monday.

0192 966
MONDAY, SEPTEMBER 17, 1781

Mr. [Edward] Telfair, a delegate for Georgia, attended and took his place.

0193 967

A letter, of 6, from the governor of Massachusetts, was read:

Ordered , That it be referred to the superintendent of finance.

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A letter, of 14 July, and one, of 20th of the same month, from S. Parsons at Martineque, were read:

Ordered , That they be referred to the committee on the letter, of 18 August, from G. Geddes.

0195 969

A letter, of this day, from the president of the supreme executive Council of Pensylvania was read, with an enclosed extract of a letter, of 14, from the governor of New Jersey: 1

1 This letter is in the Papers of the Continental Congress , No. 69, II, folio 393.

Ordered , That the same be referred to a committee of three, who are instructed to confer with the supreme executive council of Pensylvania on the subject:

The members, Mr. [Elias] Boudinot, Mr. [Samuel John] Atlee, Mr. [James Mitchell] Varnum.

The committee of the week was elected:

The members, Mr. [Edward] Telfair, Mr. [Elias] Boudinot, Mr. [Joseph] Montgomery.

Ordered , That Mr. [Edward] Telfair be added to the committee on the petition of O. Bowen and petition of Roux & Co y .

The report of the committee, ∥consisting of Mr. Livermore, Mr. Jones, Mr. Mathews,∥ on the letter of 28 August, from the governor of Rhode Island, &c. was taken into consideration; and Thereupon,

Resolved , That it be recommended to the executive power of the State of Rhode Island, &c., to settle and pay the reasonable rents not already paid, of such store-houses as have been used by order of the commanders of the French fleet and army in that State, and charge the same to the United States. 2

2 This report. in the writing of Samuel Livermore, is in the Papers of the Continental Congress , No. 20, I, folio 207.

The delegate for New Hampshire laid before Congress a vote of the general Assembly of that State:2

Ordered , That it be referred to the superintendant of Finance.

A letter, of 17 August, two of 25 and one of 26 of the same month, from Major General Greene, were read, with sundry papers enclosed: 3

3 The letter of August 17 is in the Papers of the Continental Congress , No. 155, II, folio 231; one of August 25 is on folio 239; the other of August 25 is on folio 247; that of August 26 is on folio 251.

0196 970

Ordered , That the letter, of 25th, be referred to committee of three:

The members, Mr. [James Mitchell] Varnum, Mr. [Samuel] Livermore, Mr. [Samuel John] Atlee.

Ordered , That a letter, of this day, from the lieutenant governor and sundry members of the council of South Carolina to the delegates of the said State be referred to the same committee.

Ordered , That the letter, of 25, with the papers enclosed, be referred to a committee of three:

The members, Mr. [Elias] Boudinot, Mr. [James] Madison, Mr. [Thomas] Bee.

A letter, of 2d, from the governor of Virginia; and

One, of 12th, from General Washington, were read. 1

1 The Virginia letter is in the Papers of the Continental Congress , No. 71, II, folio 125. Washington's letter is in No. 152, X, folio 245.

The committee to whom were referred the memorials of Major General St. Clair and Brigadier General Stark, delivered in a report.

The second reading of the ordinance respecting captures was again resumed, and after debate:

Adjourned to 10 o'Clock to Morrow.

TUESDAY, SEPTEMBER 18, 1781

The report of the committee of the week was read; Whereupon,

The Committee of the Week report,

That the petition of Dan l . Simon an Indian preacher Minister of the Gospel praying that the salary which he formerly received from England may be made good to him, and that he may be employed in publick service, be referred to a special Committee.

That the petition of Capt. James Lees praying that, the money advanced by him for enlisting men soldiers [may be paid] be referred to the Board of War.

0197 971

That the petition of Celerin Brossard praying that his pay and depreciation may be paid to him be referred to the Board of War.

That the petition of Jn° Patton praying that the money due to him for military stores may be paid be read in Congress.

That the petition of Æneas Boisée praying for pay, Clothing and Depreciation be referred to the Board of War.

That the petition of Louis De La Valette a marine officer praying for his pay be referred to the Superintendant of Finance. 1

1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 32, folio 253.

Ordered , That a petition of the Rev. Daniel Simon be referred to a committee of three: 2

2 This petition is in the Papers of the Continental Congress , No. 42, VII, folio 121.

The members, Mr. [Roger] Sherman, Mr. [Joseph] Montgomery, Mr. [Daniel] Mowry;

That a memorial of James Lees, and one from Celerin Brossard, and a petition of Æneas Boisée be referred to the Board of War. 3

3 Lees's memorial, dated September 12, 1781, is in the Papers of the Continental Congress , No. 41, V, folio 238; Brossard's petition, dated September, 1781, is in No. 41, I, folio 365; Boisée's, dated September, 1781, is in No. 42, I, folio 262.

A petition of John Patton was read:

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

A petition of Louis de la Vallette was read:

Ordered , That it be referred to the superintendant of finance.

A memorial of Benj Waller was read; Whereupon,

Resolved , That the particular circumstances of the public funds render it impracticable for Congress to comply with the prayer of the memorial. 4

4 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 41, X, folio 578, Waller's memorial, dated September 16, 1781, being on folio 580.

A report of the Board of War was read; Whereupon,

Resolved , That the Board of War be authorised to draw warrants on the paymaster general in favour of Captain La 0198 972 Belcour and Lieutenant Decanture [Decoutures] of Colonel Armand's legion for six months' pay in bills of the new emissions, for which they are to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 148, II, folio 251.

Another report of the Board of War was read, respecting the general hospital:

Ordered , That it be taken into consideration to Morrow. The committee ∥consisting of Mr. Varnum, Mr. Livermore, Mr. Atlee∥ to whom was referred the letter, of 25 August, from Major General Greene, and the letter, of 17, from the lieutenant governor, &c., of South Carolina, delivered in a report; Whereupon,

Congress passed the following resolutions:

The United States in Congress assembled, viewing with abhorrence the barbarous and unexampled conduct of the British commanders in the late murderous and wanton execution of Colonel Hayne, a citizen of the State of South Carolina, and being impressed with the necessity of putting a stop to such violations of the laws of nations and arms:

Resolved , That the conduct of Major General Greene, in taking necessary measures for retaliation, be, and hereby is approved.

Resolved , That Major General Greene be, and hereby is authorised to take the most, prudential measures in reforming and completing the corps of South Carolina and Georgia state troops. 2

2 This report, in the writing of James Mitchell Varnum, is in the Papers of the Continental Congress , No. 19, II, folio 469.

Resolved , That an attested copy of the deposition of Isaac Neufville and of the papers confided to Mr.s Edwards by Colonel Hayne the evening before his execution, and of her deposition be transmitted to Major General Greene;

0199 973

That he make full inquiry into the circumstances of the ease and that if it shall appear that such execution was contrary to the laws of war he cause retaliation upon the principles of those laws in a manner most likely to restrain the enemy from future similar acts of cruelty.

The report from the committee, ∥consisting of Mr. Randolph, Mr. Duane, Mr. Varnum,∥ to whom were referred several motions on the subject of retaliation, together with two letters, one from Major General the Marquis de la Fayette, and the other from the hon. Dr. Franklin, minister plenipotentiary of the United States at the Court of Versailles, was taken into consideration; and,

It appearing from the depositions of Humphry Mechambor, Ranson Savage, Thomas Wood, Jesse Farrar, and Thomas Duffey, that the enemy are in the daily practice of forcing such Americans as have been captivated into their own sea-service by the most pointed cruelties: it also appearing from the letter of the minister plenipotentiary of these United States at the Court of Versailles, that American prisoners in Great Britain are increasing in number by the transportation of them thither from New York, and the refusal of the British admiralty to exchange Americans for any British prisoners not taken by American armed vessels: and it farther appearing, that no regular cartel hath hitherto been established:

The foregoing facts being taken into consideration, and it being farther recollected, that besides these proofs of British inhumanity, the files of Congress abound with instances, in which American citizens have been sacrificed in noisome dungeons, for their inflexible patriotism in refusing to assume arms against their country:

That a British Minister wh