| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --SATURDAY, DECEMBER 27, 1777
A letter, of the 22, from Brigadier General Enoch Poor, recommending the Rev. Israel Evans as chaplain to his brigade; ∥was read:∥1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 159.]
Ordered, That the consideration thereof be postponed to the afternoon.
A memorial from Brigadiers General Poor and Patterson was read:2
[Note 2: 2 This memorial is in the Papers of the Continental Congress, No. 163, folio 514.]
Ordered, That it be referred to the committee appointed to enquire into the causes of the evacuation of Ticonderoga, &c.
A memorial from Mons. de la Balme, was read:3
[Note 3: 3 This memorial is in the Papers of the Continental Congress, No. 41, I, folio 150.]
Ordered, That the consideration thereof be postponed.
A letter, of 6th December, from Thomas Cushing, Esqr. at Boston, with a bill of exchange enclosed, in favour of Andrew and James Caldwell, for 13,359 dollars drawn by the said Thomas Cushing on the Hon'ble H. Laurens, president of the Marine Committee:
Ordered, That it be referred to the Marine Committee.
A petition4 from the Rev. Daniel Batwell, was read,
[Note 4: 4 This petition is in the Papers of the Continental Congress, No. 42, I, folio 153.]
Page 1056 | Page image
setting forth, that by means of his confinement, he is languishing under a dangerous disorder, and praying "to be enlarged on parole, or on giving security, or both, an indulgence which he requests for the sake of his private affairs and the reestablishment of his health:" and also, a certificate from Dr. R[obert] Henry, was read, testifying, "that the petitioner labours under a complication of disorders, and that clear air and gentle exercise are absolutely necessary for his recovery, was read:"
Whereupon, it was moved, that he be allowed to go to his farm, giving his parole to hold no correspondence with the enemies of the United States, nor to do any thing whatever to the prejudice of the American cause, there to remain till further orders;
On the question,
{table}
So it passed in the negative.
It was then moved and
Resolved, That, in the opinion of Congress, the Rev. Mr. Batwell should be discharged out of confinement, on
Page 1057 | Page image
his taking an oath of allegience to the State of Pensylvania; or, on his refusal, that he should be allowed to go with his family into the city of Philadelphia.1
[Note 1: 1 "Rev. Mr Batwell, on an application to be enlarged on security on his parole, accompanied with a certificate from his Physician, that fresh air and exercise were absolutely necessary to his recovery, obtained the following resolution: 'That in the opinion of Congress the Rev. Mr Batwell should be discharged out of confinement on his taking an oath of allegience to the State of Pennsylvania, or on his refusal that he should be allowed to go with his family into the City of Philadelphia.' The delicacy of interfering with this state was agitated, together with the very low condition of the petitioner whose life was reported to be in imminent danger, and might add to the number of matters in the esteem of the disaffected, who interested themselves in his behalf, nevertheless the prayer of the petition was not attended to, but the above alternative given, for Congress did not know how, otherwise, to get rid of importunity, and apprehended this step from all circumstances, would not be disagreeable to the State. I think the above resolve is a specimen of treatment Congress would wish to other diaffected persons in every State, as was at large said in debate, with much concern that decisive measures had not long since been taken with all Enemies to the Independence of America. A committee are appointed to take into consideration the deplorable condition of our army, and to report to-morrow. I make no doubt that the most vigorous measures will be recommended to be immediately taken, as with out, the army must disperse as mentioned in my last. My situation is extremely delicate on this occasion; the ruin of our Army, or the interference with the police of the State, I apprehend will be the alternative set before me; under these circumstances I should be glad of advice and assistance. The House of Burgesses, in Virginia, have unanimously consented to the confederation, as handed to them with orders to their Delegates, to confirm it on the 10th March." Daniel Roberdeau to George Bryan, York Town, December 29, 1777. Pennsylvania Archives, First Series, VI, 144.]
Adjourned to 3 o'Clock.
Three o'Clock, p. m.
The Committee on the Treasury brought in a report: Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of General Conway, for four hundred dollars, to be advanced on his pay, to be delivered to Major Mullen; the general to be accountable:
That a warrant issue on the treasurer, in favour of the Rev. John Hurt, chaplain of Brigadier General Weedon's
Page 1058 | Page image
brigade, for four hundred dollars, advanced him on his pay, he to be accountable:
That a warrant issue on John Gibson, Esqr. auditor general, in favour of Francis Minnis, lieutenant in Captain Lewis's company of the first Virginia regiment, commanded by Colonel Hendricks, for 60 dollars, advanced him, for which the said colonel is to be accountable:
That a warrant issue on the treasurer, in favour of the Board of War, for fifty thousand dollars to be by them transmitted to Benjamin Harrison, Junr. Esqr. deputy pay master general in Virginia, for the use of his department, and for which he is to be accountable:
That a warrant issue on Thomas Smith, Esqr. commissioner of the loan office in the State of Pensylvania, in favour of Colonel William Buchanan, commissary general, for fifty thousand dollars, for the use of his department; the said commissionary general to be accountable:
That a warrant issue on the treasurer, in favour of Monsr. Rouilhac, for 47,813 25/90 dollars, being in discharge of the principal and interest of Abraham Livingston and William Turnbull, their draught, dated Boston 17 June last, in favour of Captain Pierre de Campe, for value received of James Price, Esqr. in sundry merchandise for public service, which draught is directed to the Hon. Robert Morris, Esqr. chairman of the Secret Committee of Congress, and for payment, to apply to James Mease, cloathier general; for which sum the said cloathier general is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 525. There is no report on the grants to Conway and Hurt.]
Congress resolved itself into a committee of the whole, to consider farther the report of the committee to whom were referred the letters that passed between General Heath and General Burgoyne, relative to the resolution
Page 1059 | Page image
of Congress of the 8 November, and the letter of General Burgoyne to General Gates, 14 November, 1777; and, after some time spent thereon, the president resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported, that the committee have had under their farther consideration the report referred to them, and have come to two resolutions thereon, which he was ready to report, when Congress would receive them:
Ordered, That they be now received:
The report and resolutions are as follows:
The Committee to whom was referred the consideration of the letters which have just past betwixt General Heath and General Burgoyne, relative to the resolution of Congress, of the 8 November, and the letter from General Burgoyne to General Gates, of the 14th November, 1777, beg leave to report:
That they have considered with mature attention the Convention entered into at Saratoga, betwixt General Gates and Lieutenant General Burgoyne, in October last, and the manner in which the same has been complied with, and are clearly of opinion; That the cartouch boxes and every other species of military accoutrements annexed to the persons of the non commissioned officers and soldiers in General Burgoyne's army, ought, agreeably to the spirit of the Convention, and the technical interpretation of the word arms in similar eases, to have been delivered up. That this opinion is sanctified by the judgment of the most distinguished writers on the law of nations, and by former precedents, particularly by that of the capitulation of St Johns to General Montgomery, on the 2 November, 1775, by virtue of which, though the surrender of arms only is specified, and the private baggage and effects of the garrison are secured from plunder, yet the cartouch boxes and other military accoutrements belonging to the non commissioned officers and privates were without hesitation delivered to the commissaries of the American Army. That, in the opinion of this committee the delivery of the colours belonging to the respective regiments in General Burgoyne's army is likewise comprehended in the said Convention. But as Lieutenant General Burgoyne has declared on his honor to General Gates, that they were left in Canada, your committee are disposed to believe that what a person of such
Page 1060 | Page image
exalted rank and character asserts on so solemn an appeal must be founded on truth.
Their duty, however, obliges them to suggest that this is not to be easily reconciled with that air of triumph and confidence of success, in which that commander invaded these States, or with the following passage in General Burgoyne's journal, extracted from the London Gazette extraordinary, said to be published by authority, and reprinted in the Boston Gazette, November 24, 1777, No. 1212. "July 6. Soon after day light an officer arrived, express, on board the royal George, where in the night I took quarters, as the most centrical situation, with information from Brigadier Frazier, that the enemy were retiring, and that he was advancing with his piquets, leaving orders for his brigade to follow as soon as they could accoutre. This movement was very soon discernable, as were the British colours which the Brigadier had fixed upon the Fort of Ticonderoga." That, in the opinion of this committee, if a proper inquiry were made into the execution of the Convention of Saratoga, it would appear in other instances, that it has not been strictly complied with on the part of General Burgoyne, agreeable to its true spirit and the intention of the contracting parties; but as it is evident, that the cartouch boxes and other military accoutrements have not been delivered up, and as an infringement of any one article, would justify these States in considering the whole treaty a nullity, if their love of substantial justice and their determination of avoiding even the suspicion of want of good faith on their part, did not prevent them from availing themselves of this advantage, your committee deem it unnecessary to enter at present into a farther investigation of this matter.
Your committee beg leave further to report that they have carefully considered the resolution of Congress of the 8 November, directing General Heath to cause to be taken down the name and rank of every commissioned officer, and the name, former place of abode, occupation, size, age, and description of every non commissioned officer and private soldier, and all other persons comprehended in the Convention of Saratoga, and are of opinion: That it cannot be considered as imposing any new condition in the articles of Convention, entered into betwixt Lieutenant General Burgoyne and Major General Gates, but as a measure naturally resulting from the articles of Convention, which the conquering party has a right to avail itself of for its own security, and that this measure would have been strictly justifiable
Page 1061 | Page image
had no just suspicion of the want of good faith in the party surrendering, presented itself: That General Burgoyne is totally mistakenin his appeal to the conduct of Sir Guy Carlton and himself, with respect to the prisoners released from Canada in August, 1776, when he declares in his letter to General Heath, of the 23 November, "That they were released on their bare parole of not serving against the King, until they were exchanged, and that they have since had no other dependance than that of public faith that those men have not been indiscriminately in arms;" since from the original list of the prisoners released from Canada in the possession of Elias Boudinot, Esqr, American commissary of prisoners (and herewith presented), it appears that the provinces, counties and towns to which the prisoners released belonged were annexed to their respective names, which, for the greater security of the conquering party, were in the handwriting of the respective prisoners. Your committee therefore cannot but consider General Burgoyne's refusal to give descriptive lists of the non-commissioned officers and privates, belonging to his army, when connected with his former conduct and declaration, in a very suspicious and alarming point of view.
Your committee beg leave further to report, that the apprehensions of General Burgoyne's future intentions, which result naturally from the circumstances above mentioned, are confirmed by his express declaration in his letter to General Gates, of the 14 November, wherein he declares the public faith plighted in the Convention of Saratoga, to have been broken on the part of these States, alledging, as the cause of this declaration, that the officers and men included in that treaty have not since their arrival at Boston been accommodated with quarters, agreeable to their respective ranks, and to the stipulations made in the seventh article of the Convention.
Your committee beg leave to observe, that the number of persons in continental service quartered in the town of Boston, and the great concourse of strangers to the capital of that State, render it extremely difficult to procure at a short notice, quarters strictly suitable to the rank of the General and other officers, included in the Convention of Saratoga; and therefore, that it is to be supposed that their situation since their arrival could not have been so agreeable as their own desires, and the intention of the public, could wish it to have been; yet, when they admit this circumstance, they beg leave to suggest that General Burgoyne's painting of the sufferings of himself and
Page 1062 | Page image
officers appears to them highly wrought, and that his charge of the breach of public faith is by no means warranted either by the letter of the preliminary articles agreed on betwixt himself and General Gates on the 14 October, or by the spirit of the Convention, signed on the 16 of the same month. Since, by an examination of these articles, it will appear, that the stipulation with respect to the quartering of officers was not to be construed in that rigorous sense in which General Burgoyne at present affects to consider it, but on the contrary, that it was to be complied with as far as circumstances would admit.
Your committee forbear to lay any stress on the attempt of the enemy to alter the place of embarkation from the port of Boston to that of Rhode island, so contiguous to the port of New York at present in their possession, on the seemingly inadequate number of transports and other vessels properly victualled for a winter's voyage to Europe, for an army consisting of 5,642 men including officers and followers of the army (being only 26 in number, as it appears in a letter from General Pigot to Lieutenant General Burgoyne, dated 5 December;) or on the probability there is of the ability of the enemy, who, from authentic accounts, have been deficient in the article of flour, to victual such an army for a voyage of such length on so short a notice; the intelligence of the surrender of General Burgoyne's army having been communicated to General Howe on theOctober, and the vessels for the transportation of General Burgoyne and his army having arrived at Rhode island on theday of December; Since these suspicions however strong unless accompanied with the express declaration of Lieutenant General Burgoyne in his letter to General Gates of the 14 November, would not in their opinion be a warrantable ground to a nation, justly tenacious of its public faith, to delay in any manner whatsoever the execution of this Convention.
These facts and opinions your committee, in a matter of such high moment to the honour and safety of these States, esteem it their duty to report specially to Congress: And considering that it is evident that General Burgoyne has not in every particular complied with the Convention of Saratoga, agreeable to its true spirit; that he has expressly and without foundation, charged these States with a breach of public faith; that in consequence of this declaration whilst in our power, he may deem himself and the army under him absolved from their compact when released; that from the distance betwixt America
Page 1063 | Page image
and Great Britain there is no opportunity of accommodating this dispute with the sovereign of the state, in whose behalf this Convention was made within any reasonable period of time; and that the operations of General Burgoyne's army in America would not only defeat the main object of the Convention, but imminently endanger, at this crisis, the liberties of these States, your committee beg leave to recommend to the consideration of Congress the following resolution:1
[Note 1: 1 To this point the report was struck out in the MS. Journals.]
Resolved, That the charge made by Lieutenant General Burgoyne in his letter to Major General Gates, of the 14 November, of a breach of public faith on the part of these States is not warranted by the just construction any article of the Convention of Saratoga; That it betrays a disposition of availing himself of such declaration in order to disengage himself and the army under him of the obligations they are under to these United States, and that the security which these States have hitherto had in his personal honor is hereby destroyed.
[Note 2: 2 These paragraphs were struck out in the MS. Journals.]
In Committee of the whole,
Resolved, as the opinion of the whole,
Page 1064 | Page image
That the charge &c. as in the foregoing report,1
[Note 1: 1 Unfinished entries.]
Resolved, therefore, that the embarkation of himself and troops shall be suspended till a distinct and explicit ratification of the Convention shall be properly notified to these States by the court of Great Britain.
Resolved, That the consideration of the foregoing report be postponed to Monday.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock on Monday.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |