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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, OCTOBER 21, 1777
Prayers by Mr. White.
A letter, of the 18, from General Washington, and one, of the 16, from General Putnam, at Fishkill, both enclosing
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copy of a letter of the 15 from Governor Clinton, at Kingston, giving intelligence that at 8 o'clock on the evening of the 14th, a capitulation was signed, whereby General Burgoyne and [his] whole army surrendered themselves prisoners of war. One of the 17th, from General Sullivan, dated camp on Metuchin Hills, with sundry papers enclosed. One, of the 19th, from General Mifflin, enclosing a letter from Colonel Lutterloe, giving an account of General Howe's retreat from Germantown. One, of the 14, from Governor Trumbull, at Hartford. One, of the 9th, from Colonel D. Mason, at Williamsburgh; and a message from Captain White Eyes; were read.1
[Note 1: 1 The draft of the Washington letter is in Letters of Washington, Series A, III, folio 80. The letter of Putnam is in the Papers of the Continental Congress, No. 159, folio 107; that of Sullivan, in No. 160, folio 75; that of Mifflin, in No. 181, folio 20; that of Lutterloe, in No. 161, folio 24; that of Trumbull, in No. 66, I, folio 345; and that of Mason, in No. 78, XV, folios 257, 261.]
Ordered, That the message from Captain White Eyes be referred to the Committee on Indian Affairs.
Resolved, That Jesse Brown, who hath been employed as an express by his excellency Governor Trumbull to the different departments and to and from Congress, and hath proved himself faithful and alert in that business, submit his accounts for past services to the commissioners of accounts for the State of Connecticut, and charge the same to account of the United States; and that he be continued as an express in the continental service.
Resolved, That the commissioners of the United States in France and Spain, have full power to superintend and direct the several agents and factors of the said states, employed in the kingdoms aforesaid; to remove such as they shall think disqualified for this office, and to appoint others in their room.
A motion being made for importing arms, ammunition, cloathing, &c.
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Ordered, That it be referred to the Board of War.
The Board of Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That a warrant issue on John Gibson, Esqr. auditor general, in favour of the honble. Board of War, for fifty thousand dollars, to be transmitted by them to Benjamin Harrison, Junr. Esqr. deputy pay master general in the southern department, the said pay master to be accountable:
That a warrant issue on the treasurer in favour of Colonel Jeremiah Dugan, to be paid to Mrs. Dugan, for the sum of two hundred dollars, advanced on account of his pay as a major commandant, he to be accountable:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 449.]
That there be advanced to John Baynton, Esqr. deputy pay master general at Pittsburgh, ten thousand dollars, for which he is to be accountable.
Congress resumed the consideration of the articles of confederation, as reported by the committee of the whole.
The fourth article being read and debated, on the question put, was agreed to, N. C. D.
The fifth article was read twice, and on the question put, the same was agreed to, N. C. D.
The sixth article was read, as follows: "No state shall lay any imposts or duties which may interfere with any stipulations in treaties hereafter entered into by the United States assembled, with any king, prince or state;" Whereupon it was moved, to strike out from the word "duties," and insert "upon goods, wares or merchandise, imported or exported by any foreign nation with whom the United States assembled shall enter into any commercial treaty, other than what shall be laid upon the inhabitants of such state; provided that any state may totally prohibit the exportation or importation of any
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particular species of goods, wares or merchandise; and provided also, that if any foreign nation shall not allow the same privileges, exemptions or advantages, to the people and vessels of any state trading in their ports, as to their own people and vessels, the said state may disallow the like privileges, exemptions and advantages to those foreigners."1
[Note 1: 1 In the Papers of the Continental Congress, No. 47, folio 109, is the following, in the writing of Richard Henry Lee:
"Strike out from the word "duties" and insert Upon goods wares or Merchandise imported or exported by any foreign Nation with whom the United States assembled shall enter into any Commercial Treaty, other than what shall be laid upon the inhabitants of such state, or inconsistent with the stipulation contain Provided that any State may termly prohibit the exportation or importation of any particular Species of goods, wares or Merchandise, and provided also that if any foreign Nation shall not allow the same priviledges, exemptions, or advantages to the people and Vessels of any of these States trading in their Ports as to their own people and Vessels, the said State may disallow the like privileges, exemptions, and advantages to those foreigners."
In the same volume, folio 109½, is the following in the writing of Elbridge Gerry:
"That the Revenue arising in each State from the Duties and Imports laid therein on Exports, and Imports, shall be Considered as the Property of the said State; but the Laws of each State imposing such Duties or Imposts, shall pass the Approbation of Congress before they are carried into Execution by such State."
On the back of this slip, in the writing of John Adams, is the following:
"To [agree upon and fix] ascertain the necessary sums of Money to be raised for the service of the united States, and to appropriate and apply the same [to public uses] for defraying the public Expences."]
After some debate thereon, the farther consideration thereof was postponed till the afternoon.
Adjourned to 4 o'Clock.
Four o'Clock, p.m.
Met.
The committee appointed to confer with the commissary general of purchases, brought in a report:
Ordered, That the consideration thereof be postponed till to Morrow.
Congress resumed the consideration of the 6th article of the confederation, and the amendment thereon; and the question being put on the amendment,
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The states were equally divided.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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