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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, MARCH 20, 1776
A letter from Lord Stirling, of the 16th, was presented to Congress, and read.1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 162, folio 467.]
Resolved, That three members be elected for the committee appointed to consider the propriety of a war office, in the room of three, who are necessarily absent; by reason of sickness.
The members chosen, Mr. [James] Duane, Mr. R[ichard] H[enry] Lee, and Mr. [Thomas] Johnson.
Resolved, That the sum of 3,000 dollars be advanced to Colonel Magaw, for the purpose of purchasing fire arms for his batallion, he to be accountable.
Resolved, That Colonel Magaw be directed to have a pike or spear made, and to lay the same before Congress, with an account of the cost.
The Congress resumed the consideration of the instructions and commission to the commissioners appointed to go to Canada, which being debated by paragraphs, were agreed to, as follows:
INSTRUCTIONS, &C.
Gentlemen,
You are, with all convenient despatch, to repair to Canada, and make known to the people of that country, the wishes and intentions of the Congress with respect to them.
Represent to them, that the arms of the United Colonies, having been carried into that province for the purpose of frustrating the
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designs of the British court against our common liberties, we expect not only to defeat the hostile machinations of Governor Carleton against us, but that we shall put it into the power of our Canadian brethren, to pursue such measures for securing their own freedom and happiness, as a generous love of liberty and sound policy shall dictate to them.
Inform them, that in our judgment, their interests and ours are inseparably united; That it is impossible we can be reduced to a servile submission to Great Britain without their sharing our fate: And, on the other hand, if we shall obtain, as we doubt not we shall, a full establishment of our rights, it depends wholly on their choice, whether they will participate with us in those blessings, or still remain subject to every act of tyranny, which British ministers shall please to exercise over them. Urge all such arguments as your prudence shall suggest, to enforce our opinion concerning the mutual interest of the two countries, and to convince them of the impossibility of the war being concluded to the disadvantage of these colonies, if we wisely and vigorously co-operate with each other.
To convince them of the uprightness of our intentions towards them, you are to declare, that it is our inclination, that the people of Canada may set up such a form of government, as will be most likely, in their judgment, to produce their happiness: And you are, in the strongest terms, to assure them, that it is our earnest, desire to adopt them into our union, as a sister colony, and to secure the same general system of mild and equal laws for them and for ourselves, with only such local differences as may be agreeable to each colony respectively.
Assure the people of Canada, that we have no apprehension that the French will take any part with Great Britain; but, that it is their interest, and we have reason to believe their inclination, to cultivate a friendly intercourse with these colonies.
You are from this, and such other reasons as may appear most proper, to urge the necessity the people are under of immediately taking some decisive step, to put themselves under the protection of the United Colonies. For expediting such a measure, you are to explain to them our method of collecting the sense of the people, and conducting our affairs regularly by committees of observation and inspection in the several districts, and by conventions and committees of safety in the several colonies. Recommend those; modes to them. Explain to them the nature and principles of government among freemen;
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developing, in contrast to those, the base, cruel, and insidious designs involved in the late act of parliament, for making a more effectual provision for the government of the province of Quebec. Endeavour to stimulate them by motives of glory, as well as interest, to assume a part in a contest, by which they must be deeply affected; And to aspire to a portion of that power, by which they are ruled; and not to remain the mere spoils and prey of conquerors and lords.
You are further to declare, that we hold sacred the rights of conscience, and may promise to the whole people, solemnly in our name, the free and undisturbed exercise of their religion; and, to the clergy, the full, perfect, and peaceable possession and enjoyment of all their estates; that the government of every thing relating to their religion and clergy, shall be left entirely in the hands of the good people of that province, and such legislature as they shall constitute; Provided, however, that all other denominations of Christians be equally entitled to hold offices, and enjoy civil privileges, and the free exercise of their religion, and be totally exempt from the payment of any tythes or taxes for the support of any religion.
Inform them, that you are vested, by this Congress, with full powers to effect these purposes; and, therefore, press them to have a complete representation of the people assembled in convention, with all possible expedition, to deliberate concerning the establishment of a form of government, and a union with the United Colonies. As to the terms of the union, insist on the propriety of their being similar to those on which the other colonies unite. Should they object to this, report to this Congress those objections, and the terms on which alone they will come into our Union. Should they agree to our terms, you are to promise in the names of the United Colonies, that we will defend and protect the people of Canada against all enemies, in the same manner as we will defend and protect any of the United Colonies.
You are to establish a free press, and to give directions for the frequent publication of such pieces as may be of service to the cause of the United Colonies.
You are to settle all disputes between the Canadians and the continental troops, and to make such regulations relating thereto, as you shall judge proper.
You are to make a strict and impartial enquiry into the cause of the imprisonment of Colonel Du Fee, Lieutenant Colonel Nefeu, Major
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St. George Du Pres, and Major Gray, officers of the militia, and of John Frazer, Esqr. late a judge of the police at Montreal, and take such orders concerning them as you shall judge most proper.
In reforming any abuses you may observe in Canada, establishing and enforcing regulations for preservation of peace and good order there, and composing differences between the troops of the United Colonies and the Canadians, all officers and soldiers are required to yield obedience to you; and, to enforce the decisions that you or any two of you may make, you are empowered to suspend any military officer from the exercise of his commission, till the pleasure of the Congress shall be known, if you, or any two of you, shall think it expedient.
You are also empowered to sit and vote as members of councils of war, in directing fortifications and defences to be made, or to be demolished, by land or water; and to draw orders upon the president for any sums of money, not exceeding one hundred thousand dollars in the whole, to defray the expence of the works.
Lastly, you are by all the means you can use, to promote the execution of the resolutions now made, or hereafter to be made, in Congress.1
[Note 1: 1 "It will readily be supposed that a great part of these instructions were opposed by our antagonists with great zeal; but they were supported on our side with equal ardor, and the acceptance of them afforded a strong proof of the real determination of a majority of Congress to go with us to the final consummation of our wishes." John Adams, "Autobiography,"Writings, III, 36.]
On motion made,Resolved, That the following additional Instructions be given to the commissioners aforesaid:
You are empowered and directed to promote and encourage the trade of Canada with the Indian Nations, and to grant passports for carrying it on as far as it may consist with the safety of the troops, and the public good.
You are also directed and authorized to assure the inhabitants of Canada, that their commerce with foreign nations shall, in all respects, be put on an equal footing with, and encouraged and protected in the same manner, as the trade of the United Colonies.
You are also directed to use every wise and prudent measure to introduce and give credit and circulation to the continental money in Canada.
In case the former resolution of Congress respecting the English American troops in Canada, has not been carried into effect, you are
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directed to use your best endeavours to form a batallion of the New York troops in that country, and to appoint the field and other officers out of the gentlemen who have continued there during the campaign, according to their respective ranks and merit. And, if it should be found impracticable, you are to direct such of them as are provided for in the four batallions now raising in New York, to repair to their respective corps. To enable you to carry this resolution into effect, you are furnished with blank commissions, signed by the president.
Resolved, That the memorial from the Indian traders, residing at Montreal, be delivered to the Commissioners going to Canada.
The draught of the commission being taken into consideration, and debated by paragraphs, was agreed to as follows:
The delegates of the United Colonies of New Hampshire, &c. to Benjamin Franklin, LL. D. member of the royal Academy of sciences at Paris, F. R. S. &c. &c. one of the delegates of the colony of Pennsylvania; Samuel Chase, Esqr. one of the delegates of the colony of Maryland, and Charles Carroll, of Carrollton, in the said colony of Maryland, Esqr. greeting: Know ye, that we, reposing especial trust and confidence in your zeal, fidelity, abilities, and assiduity, do, by these presents, constitute and appoint you, or any two of you, commissioners for and on behalf of us, and all the people of the United Colonies, whom we represent, to promote, or to form an union between the said colonies and the people of Canada, according to the instructions herewith delivered you, and such as you may hereafter receive; and to execute all such matters and things as you are or shall be directed by your said instructions. And we do require all officers, soldiers, and others. who may facilitate your negotiation, or promote the success thereof, to aid and assist you therein; and you are from time to time, to transmit and report your proceedings to Congress. This commission to continue in force until revoked by this or a future Congress.
Dated at Philadelphia, thisday of
By order of the Congress.
Resolved, That Mr. [Benjamin] Franklin, Mr. [John] Adams, and Mr. [Samuel] Chase be appointed to confer with Mr. Wrixon, to examine into his military abilities,
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and enquire whether he is willing to engage in the service of the United Colonies, and report to Congress.
Colonel St. Clair having informed Congress that Michael Hufnagel, appointed a first lieutenant, and James O'Hara, and Abel Morris, ensigns in his batallion, declined to accept their commissions, the committee on qualifications recommended Thomas Butler in the room of Mr. Hufnagel, George M'Cullock in the room of James O'Hara, and George Ross in the room of Abel Morris.
Resolved, That they be accepted, and that commissions be granted accordingly.
Resolved, That the committee of safety of the colony of New Jersey be desired to remove the prisoners from Trenton, to such place or places in that colony, as may be thought convenient, at a proper distance from the sea and post roads, subject to the regulations formerly made respecting prisoners.
Resolved, That all officers, prisoners, who shall refuse to subscribe the parole ordered by Congress, be committed to prison.
The committee appointed to procure the making of musquets, &c. to whom part of Colonel Dayton's letter respecting the quality of the arms taken by Colonel Heard, on Long Island, was referred, brought in their report, which was read: Whereupon, the Congress came to the following resolution:
Whereas in the execution of the resolve of Congress of the 14th of March, respecting the disarming disaffected persons, many fire arms may be taken, which may not be fit for use to arm any of the troops mentioned therein: Therefore,
Resolved, That all the fire arms so taken, being appraised according to said resolve, none of them shall be paid for, but those that are fit for the use of such
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troops, or that may conveniently be so made, and the remainder shall be safely kept by the said assemblies, conventions, councils or committees of safety, for the owners, to be delivered to them when the Congress shall direct1
[Note 1: 1 Printed in thePennsylvania Gazette, 27 March, 1776.]
Ordered, That the foregoing resolution be published.
The Committee appointed to consider the best ways and means of supplying the army in Canada with provisions and necessaries, brought in their report, which was read:
Resolved, That the same be referred for consideration till to morrow.
A petition of John Secord was presented to Congress and read.
The consideration thereof, at the request of a Colony, was deferred till to Morrow.
The Committee of Claims reported, that there is due,
To Abraham Hunt, for provisions, fire wood, &c. for the prisoners at Trenton, and for horse hire for the public service, the sum of £227.17.3=607.6 dollars:
To Ephraim Blaine, Esqr. for necessaries furnished the riffle companies, the sum of £48.13.3=129.7 dollars; of which sum, Captain Hendricks is to be charged £16.12.6 ∥=44.3 dollars∥. Captain Chambers is to be charged £24.7.6 ∥=65 dollars∥.
To sundries, on certificates for necessaries furnished to one of the riffle companies, the sum of £45.18.8=122.5 dollars; of which sum £38.0.8 ∥=101.4 dollars∥ being for riffles, &c. furnished to Captain Cluggage's company, is to be charged to the said company. That the amount of the certificates be paid to Bernard Dougherty, Esqrr.
To William Bauseman, for provisions, &c. furnished the prisoners in Lancaster, the sum of £573.6.4=1528.8 dollars:
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To the committee of Frederick, the sum of £19.15.3=52.7 dollars; and that the same be be paid to Thomas Johnson, Esq:
To Francis Lee, for 483 meals dieting of General Lee's guard, the sum of £18.2.3=48.3 dollars:
To Conrad Ulster, for 185 meals dieting said men, the sum of £7.2.6=19 dollars:
To Mary Bryant, for 288 meals dieting said men, the sum of £10.10=28 dollars:
To Ann Todd, for 158 meals dieting said men, the sum of £5.18.6=15.8 dollars.
Ordered, That the said accounts be paid.
Adjourned to 10 o'Clock to Morrow.1
[Note 1: 1 "The act of Parliament prohibiting all Trade & Commerce between Great Britain and the Colonies has been lately brought here by a Mr. Temple from London, if makes all American property found on the Sea liable to Seizure & confiscation and I fear it will make the Breach between the two Countries so wide as never more to be reconciled, we have heard much talk of Commissioners to be sent to treat with us, I do not expect any, the act of Parliament empowers the Navy to appoint Commissioners to receive submissions and grant pardons but no further. Doctor Franklin told me last evening he had a Letter from London dated the 25th December no Commissioners were then appointed, parliament was prorogued to 25th of January, I see no prospect of a reconciliation, nothing is left now but to fight it out, and for this we are not well provided, having but little ammunition, no Arms no money, nor are we unanimous in our Councils, we do not treat each other with that decency and respect that was observed heretofore, Jealousies, ill natured observations and recriminations take place of reason and Argument, our Tempers are soured, some among us urge strongly for Independency and eternal separation, others wish to wait a little longer and to have the opinion of their Constituents on that subject, you must give us the sentiment of your province when your Convention meets. Several Merchants and others have petitioned the Congress for leave to fit out privatiers to Cruize against British Vessels, it was granted yesterday, the Restrictions are not yet completed or I would have sent you a copy of them."Joseph Hewes to Samuel Johnston, Philadelphia, 20 March, 1776.]
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