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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
A letter, of 31 March, from the commissioners sent to Fort Pitt, with sundry papers enclosed; also, a letter of the same date, from Colonel G. Morgan, with sundry papers enclosed, were read:3
[Note 3: 3 This letter and enclosures are in the Papers of the Continental Congress, No. 78, II, folio 437.]
Among the papers enclosed is the following certificate, signed by the commissioners:
We, the commissioners for the western department, acting under authority of Congress, having, in obedience to our instructions, notice being first given to all the neighbouring counties, proceeded to an enquiry into the conduct of Colonel George Morgan, agent for Indian affairs, and continued the same by adjournments from the twentieth
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to the twenty-sixth inst., do, after the clearest and most satisfactory testimonies, wholly acquit the said Colonel George Morgan of the charges against him, of infidelity to his public trust, and disaffection to the American cause; and we testify that we are possessed of the knowledge of various facts and circumstances, evincing not only his attachment to that cause, but also an uncommon degree of diligence in discharging the duties of his employment, and of attention to the interests of the United States; and therefore are of opinion he ought to be restored to the fullest confidence of his country.
Samp. Matthews,
Geo. Clymer,
Sam. M'Dowell.1
[Note 1: 1 A copy of this certificate is in the Papers of the Continental Congress, No. 78, II, folio 433.]
Pittsburgh, March 27, 1778.
Ordered, That the letters from the commissioners and from Colonel G. Morgan, with the papers enclosed, be referred to a committee of three:
The members chosen, Mr. F[rancis] L[ightfoot] Lee, Mr. J[onathan] B[ayard] Smith and Mr. [Oliver] Wolcott.
A letter, of the 3d, and one, of the 4th, from General Washington, also a letter of the 4, from E. Boudinot, Esqr. commissary general of prisoners, to the Board of War, were read:2
[Note 2: 2 The letters of Washington are in the Papers of the Continental Congress, No. 152, V, folios 427 and 431; that of Boudinot is in No. 78, II, folio 451.]
Ordered, That the two last be referred to a committee of three:
The members chosen, Mr. [Francis] Dana, Mr. [Samuel] Chase and Mr. [William] Duer.
Congress took into consideration the letter of the 3d, from General Washington, and thereupon came to the following resolutions:
Whereas, Captain Henry Lee, of the light dragoons, by the whole tenor of his conduct during the last campaign, has proved himself a brave and prudent officer,
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rendered essential service to his country, and acquired to himself, and the corps he commanded, distinguished honour; and it being the determination of Congress to reward merit,
Resolved, That Captain H. Lee be promoted to the rank of major commandant; that he be empowered to augment his present corps by inlistment to two troops of horse, to act as a separate corps:
That Lieutenant Lindsey, of Colonel Bland's regiment, who served in that character in Captain Lee's troop, during the campaign, be promoted to the rank of captain, and have the command of one of the troops under Major Lee:
That Cornet Peyton, serving in the same manner, be promoted to the rank of captain lieutenant and have the command of the other troop under Major Lee:
That the other officers be appointed by General Washington, and receive commissions from him accordingly.
A report from the Board of War, relative to the propriety and necessity of exempting from militia duties persons employed in manufactories and other business for the public service, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. J[onathan] B[ayard] Smith, Mr. [Thomas] Burke and Mr. [John] Banister.
The Committee on the Treasury, to whom was referred the letter from the auditors in the army, brought in a report; Whereupon,
Resolved, That the Board of Treasury be authorized to determine the number of clerks that may be necessary, from time to time, for assisting the auditors of the army.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 138, II, folio 203.]
Congress resumed the report of the committee of the whole, when the following contract or instrument was agreed to:
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To all whom it may concern. Whereas, Roderique Hortales & Co. of Paris, have shipped, or caused to be shipped or laden, on board sundry ships or vessels, considerable quantities of cannon, arms, ammunition, cloathing and other stores, most of which have been safely landed in America, and delivered to the agents of the United States, for the use and service thereof; and whereas, the said Roderique Hortales & Co. are willing and desirous to continue supplying these states with cannon, mortars, bombs, arms, ammunition, cloathing, and every sort of stores, that may be wanted or required, and also with specie, provided satisfactory assumption be made and assurance given for the payment in France of the first cost, charges and freight of the cargoes already shipped, as well as those to be hereafter shipped, and of specie to be advanced: and whereas, some cargoes of American produce have already been shipped to the address of the said Roderique Hortales & Co. or their assigns, for sale on account of the United States of America, the net proceeds whereof are to be applied in part discharge of their claims. Now know ye, that John Baptiste Lazarus Theveneau de Francey, agent of Peter Augustin Caron de Beaumarchais, as representative of the house of the said Roderique Hortales & Co. by him especially appointed and empowered to act fully and effectually in all things on his behalf, as appears by a certain letter of attorney or instrument of writing, bearing date the tenth day Of September, anno one thousand seven hundred and seventy-seven, copy whereof is hereunto annexed, doth, for and on behalf of the Said Roderique Hortales & Co. represented by Mr. Beaumarchais as aforesaid, in virtue of the powers in him vested, contract, agree and engage to and witha committee of commerce, properly appointed and authorized by the delegates of the United States of America in Congress assembled, to enter into, execute, ratify and confirm this contract for and on behalf of the said United States, as follows:
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In consideration whereof, the saidcommercial committee of Congress, by virtue of the powers and authorities to them delegated by the Congress, do, for and on behalf of the said United States, covenant, agree, and engage with the said Roderique Hortales & Co. by their agent, as follows:
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assent to or reject the prices offered, postpone the sales, and do every thing for the interest of his constituents:
Provided, always, That the seventh article of this agreement, respecting the annual supply of twenty-four millions of livres, shall not be considered as absolutely binding upon either of the parties to this contract, unless the same shall be ratified by Roderique Hortales & Co. and the commissioners of the United States at Paris; for which purpose it is agreed to be submitted to them, any thing herein contained to the contrary notwithstanding; but it is nevertheless to be understood, that the United States may and shall have liberty to draw in the course of five or six months from the date hereof, upon the said Roderique Hortales & Co. for the sum of one hundred thousand pounds sterling, equal to two millions three hundred thousand livres tournois, which shall be duly paid.
Resolved, That the Committee of Commerce be, and they are hereby empowered to execute the foregoing contract
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or instrument, on behalf of the United States of America, and that they make report, from time to time, of their proceedings therein.
In debating the foregoing contract, a motion was made to strike out "twenty-four," and insert "forty-eight," and the yeas and nays being required,
{table}
So it passed in the negative.
It was then moved to strike out twenty-four, and insert thirty, and, the yeas and nays being required,
{table}
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So it passed in the negative.
Copy of the powers given to John Baptiste Lazarus Theveneau de Francey is as follows:
Before the counsellors of the king, the notaries of the court-house of Paris, undersigned, was present, Mr. Pierre Augustin Caron de Beaumarchais, representing in France the house of Roderique Hortales & Co. living in the city of Paris, in Old Temple street, and parish of St. Gervais, who, by these presents, did make and constitute his procurator general, Mr. John Baptiste Lazarus Theveneau de Francey, just about to embark for America, to whom he gives power, for, and in the name of the said house of Roderique Hortales & Co. to manage and administer all the affairs of the said house and company as well actively as passively; and, in consequence, to solicit and recover all debts relative to all the cargoes past, present, and future, sent by the said house, to America; to receive all moneys and make all purchases relative to the returns of the said cargoes, and to pay all expences relative to them; to settle all accounts with correspondents of the said house of Roderique Hortales & Co. whether upon invoices or otherwise; to call, if necessary, for the reciprocal correspondence, registries and accounts current; to debate the interests of said Constituents and company to allow the articles in the said accounts; to close and settle them, and, by receipts of every kind, to give, by the said constituted procurator, all quittances, discharges, and valid liquidations, either for specie, merchandise, or produce; and to accept all bills and orders drawn by him; in default or refusal of settlement, and after settlement made, to do, in the name of the said Constituents and Company all conservatory acts, pursuits, and necessary works; to appear before all judges who may be concerned; to present demands, and to pursue them effectually to final judgment; to treat, compose, and transact at the prices, charges, clauses, and conditions which the said constituted procurator shall judge most useful to the interest of
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the said Constituent and Company; to make all oppositions and arrests that shall be necessary in case of bodily restraint, to carry it into execution; to give discharge; to consent to all things; to stop processes; to constitute procurators and lawyers in any cause; to propose and agree to arbitrations and arbiters; to chuse his residence; and, in general, to manage, for the greatest interest of the said Constituent and his house, whatever circumstances shall require, not provided for in these presents, and without having need of more special power; the aforesaid Constituent promising to acknowledge all agreeable, until revocation of this power; to which also shall be submitted, all treaties made, or to be made, with the said constituted procurator, whether anterior or posterior to these presents; and the said constituted procurator being obliged, as is just, to render account of his mission the most exactly, faithfully, and legally, that may be. Made and passed at Paris, at the Studies, in the year one thousand seven hundred and seventy-seven, the tenth of September, and a minute of these presents, lodged with Mr. Momet, one of the undersigned notaries, hath been signed:
[L. S.] Sealed the same day;
De Manfort.
Momet.
The above instrument was executed by a public officer in my presence.
S. Deane.
Adjourned to 9 o'Clock to Morrow.
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