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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 --TUESDAY, JULY 1, 1777
A letter, of the 29 and 30 June, from General Washington, at Middlebrook; one, of the 30, from Jos. Trumbull, commissary general; one, of the 19, from B. Harrison, Junr. deputy pay master general, at Williamsburg; one, of the 28, from Jonathan Hudson, at Baltimore; one, of this day, from James Mease, and a letter, of the 18 March, from A. Lee, at Vitoria, in Spain, to the Committee of Secret Correspondence, were read:
Also a letter, of the 20 of June, from Governor Henry, of Virginia, to the delegates in Congress from that State, was laid before Congress and read:1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, IV, folio 309; that of Trumbull, in No. 78, XXII, folio 241; that of Hudson, in No. 78, XI, folio 183; and that of Henry, in No. 71, I, folio 119.]
Ordered, That the letter of the 28, and that of the 29 and 30 June, from General Washington, with the papers enclosed, be referred to the Committee of Intelligence,to extract therefrom and publish such parts as they think proper.
Ordered, That the letter from Governor Henry be referred to the Board of War.
Resolved, That orders be sent to Colonel Charles Harrison, of the regiment of artillery raised in Virginia, to halt in Virginia till further orders.
Resolved, That an order be drawn on the treasurer at Baltimore in favour of James Mease, cloathier general, or order, for 10,000 dollars, for public service, he to be accountable.
Resolved, That an order for 20,000 dollars be drawn on the treasurer in favour of Jonathan Hudson, deputy pay master at Baltimore, for public service, he to be accountable.
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Ordered, That the letter from B. Harrison, Junr., Esqr. be referred to the Board of Treasury, and the letter from A. Lee, Esqr., be returned to the Committee on Foreign Affairs.
A letter, from Governor Caswell, of North Carolina, to the delegates in Congress from that State, dated Newbern, 11 June, together with a bill of exchange for 700 dollars, drawn on the continental treasurer, therein referred to, was laid before Congress:
Ordered, That the said letter and bill be referred to the Board of Treasury.
The Committee on the Treasury reported, that they have taken into consideration the letters referred to them, from Governor Henry, of Virginia, Mr. Aylett, deputy commissary general, and Mr. Finnie, deputy quarter master general, and an account of provisions purchased in Virginia, for the use of the United States; and find, that besides twenty cargoes of flour, amounting to 10,282 barrels, shipped from different parts in Virginia, on continental account, by order of the commissary general, there remains stored in different places of that commonwealth, 10,676 barrels of flour, 1,100 barrels of pork, and 5,790 barrels of Indian corn, which, exclusive of several cargoes and expenditures not accounted for, amount to £48,107 9 3½ of which Mr. Aylett has received £23,727 2 8, and he claims a balance in his favour of £24,383 6 7½ that this state of his accounts is collected from a rough estimate transmitted by Mr. Aylett, unattended by proofs or vouchers; that they cannot but express their apprehensions that the flour and corn which remain stored in Virginia, are in great danger of perishing, and being lost to the public from the heat of the weather, and the difficulty of transportation, unless some effectual means
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should be speedily adopted for their preservation: Whereupon,
Resolved, That the accounts of provisions shipped from, and stored in Virginia, for the use of the United States, be referred to the Board of War, in order
That the proper enquiry be made into the state of these provisions, and the most effectual means be adopted to prevent their perishing, or being lost to the public:
That a warrant be drawn by the president on Benjamin Harrison, Esqr. deputy pay master general, in Virginia, in favour of Mr. Aylett, deputy commissary general in the southern department, for the sum of sixty thousand dollars, on account of his present demands, and that Mr. Aylett be informed by the Treasury Board, that agreeable to the late regulations of the commissary general's department, no money can be furnished in future for the use of his department, but through the commissary general of purchases, to whom he must apply.
The Board of Treasury further reported, That William Finnie, Esqr. deputy quarter master general in the southern department, should have leave, agreeable to his request, to repair to Philadelphia, in order to settle his account with the commissioners of accounts holding their office at the treasury, under the direction of the Board of Treasury:1
[Note 1: 1 This report, dated June 22, is in thePapers of the Continental Congress, No. 136, I, folio 269.]
Resolved, That leave be granted.
Resolved, That 500 dollars be advanced to Captain James Lee, towards recruiting the artillery, and charged to the account of Henry Knox, brigadier general of artillery, the same being in full of a bill drawn in his favour, by the said General H. Knox, dated camp, at Quibbletown, 25 June, 1777.
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Resolved, That there be advanced to Jacob Blount, Esqr. appointed pay master of the North Carolina troops by that State, or to his deputy William Blount, 24,000 dollars for the pay of the said troops, for which the said pay master is to be accountable.
Resolved, That there be advanced to Captain James Marbury, of the 3d batallion of Maryland continental troops, commanded by Colonel Mordecai Gist, for the use of a detachment of the said batallion under his command, and to be charged to the said bataIlion, 204 dollars: and for the use of a detachment also under his command, of one of the sixteen regiments, commanded by Colonel Nathaniel Gist, 260 dollars, to be charged to that regiment: and for the use of a detachment also under his command, of the 4th Maryland continental batallion, commanded by Colonel J. Carvil Hall, to be charged to that batallion, 55 dollars: and for the use of a detachment also under his command of the 7th Maryland continental bataIlion, commanded by Colonel John Gunby, 40 dollars, to be charged to the said batallion.
Resolved, That there be advanced to Dr. W. Shippen, director general of the military hospitals, 25,000 dollars, for which he is to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, I, folio 271.]
Resolved, That the letter from Joseph Trumbull, Esqr. commissary general, read this morning, be referred to a committee of three:
The members chosen, Mr. [Eliphalet] Dyer, Mr. [Jonathan Dickinson] Sergeant, and Mr. [Daniel] Roberdeau.
Congress proceeded to the appointment of a deputy commissary general of issues, in the room of Mr. M. Irwine, who declines acting, and, the ballots being taken,
Robert Hoops was elected.
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Congress proceeded to the election of a physician general of the hospital in the middle department, in the room of Dr. Jones, who declines, and, the ballots being taken,
Benjamin Rush was elected.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That the part of Governor Trumbull's letter, of the 12 of June, which relates to supplying the State of Connecticut, with a number of arms, be referred to General Washington.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No, 147, I, folio 243. The members present were: John Adams, Samuel Adams, Benjamin Harrison, Roger Sherman, James Wilson, George Clymer, and Charles Carroll.]
The Committee on Foreign Affairs, to whom were recommitted the commissions and instructions to the commissioners to the Courts of Vienna, Berlin, and the Grand Duke of Tuscany, brought in another draught, and the same being taken into consideration, the commissions and instructions were agreed to.
COMMISSION TO WILLIAM LEE.
The delegates of the United States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia--To all who shall see these presents, send greeting.
Whereas a friendly and commercial connexion between the subjects of his imperial majesty, the emperor of Germany, and the people of these states, will be beneficial to both nations:--Know ye, therefore, that we, reposing special trust and confidence in the zeal, fidelity, abilities and assiduity of William Lee, esquire, of the state of Virginia, have appointed and deputed, and by these presents do appoint and depute the said William Lee our commissioner, giving and granting to our said commissioner full power and authority to communicate and treat with his imperial majesty, the emperor of Germany, or with such person or persons as shall be by him for such purpose authorized,
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of and upon a true and sincere friendship, and a firm, inviolable, and universal peace, for the defence, protection and safety of the navigation and mutual commerce of the subjects of his imperial majesty and the, people of the United States; and to do not only all such things as may conduce to those desirable ends, but, also, to transact and execute all such other matters as shall hereafter be given him in charge.
Done in Congress at Philadelphia, the first day of July, in the year of our Lord, one thousand seven hundred and seventy-seven. In testimony whereof the President, by order of the said Congress, hath hereunto subscribed his name and affixed his seal.
(Signed)John Hancock,President.
Attest,
Charles Thomson,Secretary.
Another commission to William Lee, esquire, commissioner to his majesty the king of Prussia, in the same terms, mutatis mutandis.
A commission to Ralph Izard, esquire, of the state of South Carolina, commissioner to his royal highness the grand duke of Tuscany, similar to that to William Lee, mutatis mutandis.
INSTRUCTIONS TO WILLIAM LEE, ESQUIRE.
Sir, Herewith you will receive commissions from the Congress of the United States of North America, authorizing and appointing you to represent the said Congress as their commissioner at the courts of Vienna and Berlin. You will proceed with all convenient expedition to those courts; visiting that first, which, on consultation with the commissioners at the court of France, shall be judged most, proper. Yon will lose no time in announcing in form to those courts, the declaration of independence made in Congress on the fourth day of July, 1776. The reasons of this act of Independence are so strongly adduced in the declaration itself, that further argument is unnecessary. As it is of the greatest importance to these states, that Great Britain be effectually obstructed in the plan of sending German and Prussian troops to North America, you will exert all possible address and vigour to cultivate the friendship and procure the interference of the emperor and of Prussia. To this end you will propose treaties of friendship and commerce with these powers, upon the same commercial principles as were the basis of the first treaties of friendship and commerce proposed to the courts of France and Spain, by our commissioners, and which were approved in Congress the seventeenth day
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of September, 1776, and not interfering with any treaties which may have been proposed to, or concluded with, the courts abovementioned. For your better instruction herein, the commissioners at the court of Versailles will be desired to furnish you, from Paris, with a copy of the treaty originally proposed by Congress, to be entered into with France, together with the subsequent alterations that have been proposed on either side.
You are to propose no treaty of commerce to be of longer duration than the term of twelve years from the date of its ratification by the Congress of the United States. And it must never be forgotten, in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.
There being reasons to suppose that his Prussian majesty makes commerce an object, you will not fail to place before him, in the clearest light, the great advantages that may result from a free trade between the Prussian dominions and North America.
You will seize the first favourable moment to solicit, with decent firmness and respect, an acknowledgment of the independence of these states, and the publick reception of their commissioner as the representative of sovereign states. The measures you may take in the premises, and the occurrences of your negotiation, you will communicate to Congress by every opportunity.
It may not be improper to observe, that these instructions, and all others which you may receive from time to time, should be kept as secret as circumstances will admit.
INSTRUCTIONS TO RALPH IZARD, ESQUIRE.
Sir, Herewith you will receive a commission from the Congress of the United States of North America, authorizing and appointing you to represent the said Congress as their commissioner at the court of the grand duke of Tuscany. You will proceed with all convenient expedition to the court of the grand duke; and will lose no time in announcing in form the declaration of Independence made in Congress the fourth day of July, 1776. The reasons of this act of Independence are so strongly adduced in the declaration itself, that further argument is unnecessary.
As it is of the greatest importance to these states that Great Britain be effectually obstructed in the plan of sending German and Prussian troops to North America, you will exert all possible address to prevail with the grand duke to use his influence with the emperor and the courts of France and Spain to this end.
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You will propose a treaty of friendship and commerce with the said grand duke upon the same commercial principles as were the basis of the first treaties of friendship and commerce proposed to the courts of France and Spain by our commissioners, and which were approved in Congress the seventeenth day of September, 1776, and not interfering with any treaties which may have been proposed to or concluded with the courts abovementioned. For your better instruction herein, the commissioners at the court of Versailles will be desired to furnish you, from Paris, with a copy of the treaty originally proposed by Congress to be entered into with France, together with the subsequent alterations that have been proposed on either side.
You are to propose no treaty of commerce to be of longer duration than the term of twelve years from the date of its ratification by the Congress of the United States. And it must never be forgotten in these commercial treaties that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.
There being reason to suppose that, his royal highness makes commerce an object of his attention, you will not fail to place before him, in the clearest light, the great advantages that may result from a free trade between Tuscany and North America.
You will seize the first favourable moment to solicit, with firmness and respect, an acknowledgment of the independence of these states, and the publick reception of their commissioner as the representative of sovereign states.
The measures you may take in the premises, and the occurrences of your negotiation, you will communicate to Congress by every opportunity.
It may not be improper to observe, that these instructions, and all others which you may receive from time to time, should be kept as secret as circumstances will admit.1
[Note 1: 1 Taken from the printed Secret Journals. From the same source are taken the following commissions to Benjamin Franklin and to Arthur Lee:
The delegates of the United States of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia--To all who shall see these presents, send greeting.
Whereas a friendly and commercial connexion between the subjects of his catholick majesty the king of Spain and the people of these states will be beneficia to both nations:--Know ye, therefore, that we, confiding in the prudence and integrity of Benjamin Franklin, one of the delegates in Congress from the state of Pennsylvania, and a commissioner from these United States to the court of France, have appointed and deputed, and by these presents do appoint and depute, him the said B. Franklin, our commissioner; giving and granting to him, the said Benjamin Franklin, full power to communicate, treat, and conclude with his catholick majesty the king of Spain, or with such person or persons as shall by him be for that purpose authorized, of and upon a true and sincere friendship, and a firm, inviolable and universal peace, for the defence, protection, and safety of the navigation and mutual commerce of the subjects of his catholick majesty and the people of the United States; and also to enter into, and agree upon. a treaty with his catholick majesty, or such person or persons as shall be by him authorized for such purpose, for assistance in carrying on the present war between Great Britain and these United States; and to do all other things which may conduce to those desirable ends; and promising in good faith to ratify whatsoever our said commissioner shall transact in the premises: Provided always, that the said Benjamin Franklin shall continue to be possessed of all the powers heretofore given him as a commissioner to the court of France from those states, so long as he shall remain and he present at the said court.
Done in Congress, at Baltimore, the second day of January, in the year of our Lord, one thousand seven hundred and seventy-seven. In testimony whereof the President, by order of the said Congress, hath hereunto subscribed his name and affixed his seal.
President.
Attest.
Secretary.
The delegates of the United State, of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia To all who shall see these presents, send greeting.
Whereas a friendly and commercial connexion between the subjects of his catholick majesty the king of Spain and the people of these states, will be beneficial to both nations:--Know ye, therefore, that we, confiding in the prudence and integrity of Arthur Lee, esquires, of Virginia, have appointed and deputed, and by these presents do appoint and depute him the said Arthur Lee, our commissioner, giving and granting to him, the said Arthur Lee, full power to communicate, treat, and conclude with his catholick majesty, the king of Spain, or with such person or persons as shall be by him for that purpose authorized, of and upon a true and sincere friendship, and a firm, inviolable, and universal peace, for the defence, protection and safety of the navigation and mutual commerce of the subjects of his catholick majesty and the people of the United States; and also, to enter into, and agree upon a treaty with his catholick majesty, or such person or persons as shall be by him authorized for that purpose, for assistance in carrying on the present war between Great Britain and the United States, and to do all other things which may conduce to those desirable ends; and promising in good faith to ratify whatsoever our said commissioner shall transact in the premises: Provided always, that the said Arthur Lee shall continue to be possessed of all the powers heretofore given him, as a commissioner at the court of France from these states, so long as he shall remain in, and be present at, the said court.
Done in Congress, at Philadelphia, the fifth day of June, in the year of our Lord, one thousand seven hundred and seventy-seven. In testimony whereof, the President, by order of the said Congress, hath hereunto subscribed his name, and affixed his seal.
[L. S.]President.
Attest.
Secretary.]
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Resolved, That the Committee on Indian Affairs be empowered to receive from Mr. Levy, the wampum in his hands, belonging to the public, and to dispose of the same for the public service.
The several matters &c ∥to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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