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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 --MONDAY, SEPTEMBER 8, 1777
A letter, of 7th, from Robert H. Harrison, secretary to General Washington, at Newport; one, of the 7, from Governor Livingston, of New Jersey, at Philadelphia; one, of the 30 August, from Governor Henry, of Virginia; one, of the 30th August, from Colonel Morgan, at Fort Pitt; one, of 1st September, from Governor Trumbull, at Lebanon; one, of the 13 August, from the council of Massachusetts bay, with sundry papers therein referred to; and one, of the 7, from Mons. du Coudray, were read;
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Ordered, That the door of the lobby be kept locked during the sitting of Congress.
A letter, of the 6th, from the council of Pensylvania, with a list of the persons arrested in pursuance of a resolve of Congress of the 28 August, were read.1
[Note 1: 1 The letter of Harrison is in thePapers of the Continental Congress, No. 152, V, folio 31. That of Livingston is in No. 68, folio 277; that, of Henry, in No. 71, I, folio 127; that of Morgan, in No. 163, folio 285; that of the Massachusetts Council, in No. 65, I, folio 207; and that of the Pennsylvania Council, in No. 69, I, folio 407. Printed inPennsylvania Archives, First Series, V, 593.]
Resolved, That General Putnam be directed to order immediately a detachment of one thousand five hundred continental troops, under the command of a brigadier, to hold themselves in readiness to cross the North river when ordered by General Washington.
Ordered, That a copy of this resolution, and of Governor Livingston's letter, be forthwith transmitted to General Washington.
Ordered, That Governor Trumbull's letter be referred to a committee of five:
The members chosen, Mr. J[ohn] Adams, Mr. R[ichard] H[enry] Les, Mr. [William] Duer, Mr. [Elbridge] Gerry, and Mr. [James] Wilson.
Ordered, That Mons. du Coudray's letter be referred to General Washington, and that he be desired to give such directions on the premises as he shall think most conducive to the public good.
Ordered, That the letter from the council of Massachusetts bay, with the papers accompanying the same; also the letter from Colonel Morgan, be referred to the Board of War; and that the letter from General Mifflin be referred to the Board of Treasury.
A letter, of this day, from Thomas Wharton, Junr., president of the council of Pensylvania, was read.2
[Note 2: 2 This latter is in thePapers of the Continental Congress, No. 69, I, folio 413.]
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Ordered, That it be referred to the Board of War.
Congress took into consideration the report of the Committee of Foreign Applications, which is as follows:
That, besides a number of officers who are come from Europe and the West Indies of their own accord, to solicit for rank and employment in the American army, there are others who have proceeded upon the encouragement of conventions made and signed at Paris, by Silas Deane, Esqr. as "Agent for the United States of North America."
That Mr. Deane had no authority to make such conventions, and that Congress, therefore, are not bound to ratify or fulfil them:1
[Note 1: 1 In the original report this paragraph read: "That Mr. Deane derived all his Powers on the 29th Day of November, 1775, for the sole Purpose of corresponding with our Friends in Great Britain, Ireland and other Parts of the World, and did not receive any Instruction even from them nor any Authority whatever from Congress to make such Conventions. Congress, therefore, are not by any Means bound to fulfill the Terms thereof."]
Your committee further report, that the Baron de Kalb and the Viscount de Mauroy, with a number of officers who came with them from France, have offered their service, provided their engagements with Mr. Deane, in respect to rank, are fulfilled; but that the American army having been arranged before the arrival of these gentlemen in America, their expectations cannot be complied with without deranging it, and thereby injuring, at so critical a juncture, the American cause; that the zeal, however, of these gentlemen, and their consequent expences, merit the attention of Congress; wherefore, your committee report the following resolve:
Resolved, That the thanks of Congress be given to the Baron de Kalb and the Viscount de Mauroy, with the officers who accompany them, for their zeal in passing over to America to offer their service to these United States,
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and that their expences to this continent, and on their return to France, be paid.1
[Note 1: 1 See under August 13,ante.]
The said report and resolve being read, and the question put severally thereon, were agreed to.
Ordered, That the Baron de Kalb and the Viscount de Mauroy be furnished with a copy of the foregoing report and resolution, attested by the secretary; also, that any of the officers accompanying them, who may desire it, be furnished with such a copy.2
[Note 2: 2 This report, in the writing of James Lovell, is in thePapers of the Continental Congress, No. 25, I, folio 21.
The following undated motion may belong to this subject: "That the Marine Committee be directed to prepare a Vessel to carry to France those foreign Officers who cannot be employed in our service."]
Whereas William Imlay, a prisoner of the United States upon suspicion of disaffection, has offered to take an oath of allegiance to the state of New York, of which he is a citizen;
Resolved, Therefore, that it be recommended to the supreme executive council of the State of Pensylvania, to discharge the said William Imlay on his parole of honour, "that he will forthwith repair to Kingston, in the State of New York, and take the oath of allegiance to the said State."3
[Note 3: 3 A memorial from William Imlay is in thePapers of the Continental Congress, No. 41, IV, folio 380.]
Congress took into consideration the letter of the 6 from the council of Pensylvania, wherein they inform, that at the time the resolve of Congress of the 6th came to them, the council were disposing of every thing for the departure of the gentlemen confined in the Mason's Lodge; that the hearing of some may be censured as a partial proceeding, and therefore they wish the same indulgence may be granted to all: That as this may be tedious, and, in the midst of the present load of important business
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before council, that of embodying the militia is not the least part, they have not leisure to undertake it; and that, as much injury will ensue to their commonwealth if council, at present, yield any further attention to it, therefore they earnestly request that Congress may hear and dispose of the gentlemen prisoners in the Mason's Lodge, and also of those who are on promise or parole, in such manner as to their wisdom shall seem best, and that, for this purpose, a list of the prisoners is therewith sent; Whereupon,
Resolved, That it would be improper for Congress to enter into any hearing of the remonstrants or the other prisoners in the Lodge, they being inhabitants of Pensylvania; and, therefore, as the council decline giving them a hearing for the reasons assigned in their letter to Congress, that it be recommended to the said council to order the immediate departure of such of the said prisoners as yet refuse to swear or affirm allegiance to the State of Pensylvania, to Staunton, in Virginia.
An appeal from the judgment of a court of admiralty for the state of Pensylvania, on the libel Andrew Caldwellv. Wingate Newman, was lodged with the secretary, and committed to the committee for hearing and determining appeals.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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