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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 --FRIDAY, APRIL 10, 1778
A letter of 2d, from Captain James Nicholson, to the Marine Committee, was read, informing them of the loss of the Virginia frigate, on the 31 March:
Ordered, That it be referred to the Committee of Intelligence.
A letter, of this day, from W. Buchanan, late commissary general, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, II, folio 457.]
Ordered, That it be referred to the Board of War.
A letter, of 8, from Brigadier Smallwood, with sundry papers enclosed, relative to the taking into custody Thomas White and Charles Gordon, in pursuance of an act of Congress, was read:2
[Note 2: 2 This letter and enclosures are in the Pagers of the Continental Congress, No. 161, folios 147--159.]
Ordered, That the same be referred to a committee of of three:
The members chosen, Mr. [Samuel] Chase, Mr. [Joseph] Reed and Mr. [William Henry] Drayton.
Resolved, That a committee of three be appointed to confer with W. Buchanan, Esq. respecting his continuance in office, until Colonel Wadsworth is ready to enter on the business:
The members chosen, Mr. [Francis] Dana, Mr. [Nathaniel] Scudder and Mr. [Samuel] Chase.3
[Note 3: 3 On the back of a letter from the Council of Pennsylvania, dated April 9, and read this day, Thomson has recorded the vote on this committee: Drayton, 4; Chase, 5; Dana, 7; Scudder, 6; Gerry, 3; and Reed, 2. The letter is in the Papers of the Continental Congress, No. 69, I, folio 493.]
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The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on Joseph Borden, Esq. commissioner of the loan office in the State of New Jersey, in favour of that State, for 70,000 dollars, advanced for the purpose of paying their militia; the said State to be accountable:
That a warrant issue on the treasurer in favour of the delegates of the State of Virginia, for 33,3331/3 dollars, to be by them transmitted to his excellency Patrick Henry, to reimburse £10,000, Virginia currency, which he advanced for purchasing provisions for the grand army; the said State to be accountable:
That a warrant issue on the treasurer in favour of Moses Young, assistant pay master to the Board of War and Ordnance, for 15,000 dollars; 10,000 of which is for the purpose of defraying the expences of building boats on the Susquehanna, and 5,000 towards paying off Colonel Rawling's old regiment, to be charged to Joseph Nourse, pay master, who is to account for the same:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 211.]
The committee appointed to prepare a letter in answer to General Washington's letter of the 4th, brought in a draught, which was read.
Sir: In Obedience to the Directions of Congress, I am to acknowledge the Receipt of your Letter of the 4th Instant.
Congress with great Concern perceive that your Sensibility is wounded by their Resolutions. Placing the firmest Confidence in your Prudence, Abilities and Integrity, they wish to preserve that Harmony with you, which is essential to the general Weal: You may rest assured that far from any Intention to give you Pain, their Resolutions have no other Motives or End, but the public Good; they, therefore hope that you will not in future be distrest by Apprehensions, as injurious to their Honor, as they are to your own Feelings.
However different the Views of Congress may seem to you now from what you supposed them to be, when you entered into your late
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Engagements with General Howe; yet by strictly attending to their Resolutions, you will find they are founded in Humanity as well as Policy, and invariably regard the Dignity, Safety and Independance of these States. Congress certainly had nothing in View but a proper Respect to the Dignity, Safety and Independance of these States.1
[Note 1: 1 These words were written by Joseph Reed.]
The Duplicity of General Howe, and authentic Information that the Gentlemen appointed by you to negotiate the Cartel, held Opinions repugnant to the Sense of Congress, constrained them in a Matter of such high Moment as forming a General Cartel, to express their Sentiments in an Explicit Manner: lest they might have only to lament, when it was out of their Power to remedy, a Misapprehension on Points, deeply affecting, in their Judgement, the Safety and Honor of these States.
Congress expected that you would consider their Resolutions of the 30th ultimo in the Light of private Instructions, calculated to show their Sense with respect to the general Outlines of the propos'd Cartel: a Practise usual with the Supreme Power of every State in similar Cases.
You observe that a strict Adherence to all the Resolutions of Congress must of Necessity destroy all Idea of a Cartel--but as a Distinction can easily be made betwixt such of the Resolutions of Congress respecting Prisoners, as flow from general Principles of Policy, and those which arise from Circumstances, which have rendered a Variation from Time to Time necessary, it is conceived that an Attention to this Discrimination, will [remove the difficulties with which you seem to be embarrassed] rid you of those Embarrassments, which you may, at first View, think yourself entangled with.2
[Note 2: 2 Words in margin by William Ellery, but not adopted.]
The Resolution of Congress of the 19th December, respecting the Mode of Settlement for Supplies to the enemy's Prisoners, seems not to have been, sufficiently attended to. It is left at the Option of the Enemy to pay either in Coin, Dollar for Dollar, or in Provisions &c, equal in Quantity and Kind to what is furnished. Whatever Objections may be made against the first mode, there surely cannot be a more just and Equal Ratio, than the latter. General Burgoyne lately made the same Objections on this Point which occurred to you: but on being reminded of the Alternative offered by the Resolution, he acquiesced, and the victualling Ships are now actually delivering Provisions, in Payment for what they have received. [The Commissaries of Prisoners on each side may pass Receipts for the Rations received,
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expressing the Quantum of each Article received for the Subsistence of the Prisoners in the Power of the Contracting Parties, and the Balance may be paid in Provisions, or in Coin at the Option of either Party].1 The Mode suggested by you is liable to this strong Objection, that it would lay us under the Necessity of furnishing the Enemy's Prisoners with us, as well as ours with theirs, with Provisions, which certainly would be a Capital Advantage to them, if we consider the Distance whence they must derive their Supplies. Congress however do not wish that a general Cartel should break off for want of a strict Compliance with this Resolution: provided a Mode is adopted for subsisting Prisoners upon a Principle of Equality to the Contracting Parties, and are therefore willing to confide in your Prudence to settle finally this Matter
[Note 1: 1 Words in brackets were an amendment by Duer.]
On the question to strike out [this last sentence].
{table}
[Note 2: 2 This vote is entered in the margin by Thomson.]
The Resolution of the 30th December was a Measure naturally flowing from the Treason Acts, which the respective States have past in consequence of the Express Recommendation of Congress. On a Mature Deliberation, they are convinced that a Deviation from it would be subversive of our Character as an Independent People, and inconsistent with Sound Policy. No Act of Congress can suspend the Operation of the Laws of the different States, and therefore they cannot consent that any Measure should be adopted in the propos'd Cartel, which may contravene this Resolution.
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It does not however appear to Congress that any Embarrassment will arise in this Matter, unless the Enemy should insist upon an Article in the rtel, "that Americans taken in Arms shall be entitled to the Benefit of an Exchange." Under the Terms of Officer for Officer, Soldier for Soldier &c which are generally used in Cartels, Traitors would no more be included by the Laws of Nations than Deserters. The carrying this Resolution into Practice can depend only on the Will of the several States, who in this respect must be presumed to be governed by Principles of Policy, of which they must necessarily be competent Judges.
Congress are concerned to find that an Absolute Exchange is agreed on for Lieutenant Colonel Campbell and Lieutenant Colonel Allen, and that General Lee is only permitted to come out on Parole. They will however suspend their Judgment in this Matter, till they are informed whether your Commissioners were acquainted with the Resolution of Congress of the 30th ulto, previous to such Agreement
The Intention of Congress in that Resolution was, that no Exchange (general or partial, absolute or Parole) should take Place without the Order of Congress, till the Exchange of General Lee for General Prescot had been first made. Since General Hewes Propositions for a General Exchange, they deem this Preliminary not only due in Justice, to that unfortunate and deserving Officer, but essential to the Honor of these States. I am therefore directed to inform you that it is the Unalterable Determination of Congress, that unless this Point is acceded to, all further Negotiation, whether for a general or Partial Exchange, (except in cases to be submitted to the opinion of Congress) should cease, it being in their Opinion more eligible that no Cartel should take Place, than that the Honor of these States should be sullied, and their Wisdom impeached by releasing those Officers, whom it is well known, the Enemy have been long anxious to procure, and leaving General Lee and others, whom they wish to detain, and whose Services their Country requires, at the Disposal of a Merciless Enemy.
Congress cannot but think that the Exchange of General Lee should precede (not follow) the Releasement of Colonel Campbell and the Hessian Field Officers; especially that of the latter who were made Prisoners subsequent to General Lee's Capture; and it is their Expectation, if the Exchange of Colonel Campbell is not so far concluded as to oblige you to comply with it, it may not take Place till General Lee is absolutely Exchanged for General Prescot
With Respect to the Resolution concerning General Lee, Congress, at his Request, are willing that you should waive his Exchange for
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Major General Prescot as a Preliminary Article: it is however their Intention that no Cartel be acceded to unless it be expressly admitted therein that General Lee be exchanged for General Prescot1
[Note 1: 1 A paragraph substituted for those struck out.]
To strike out:
{table}
[Note 2: 2 This vote is entered in the margin by Thomson.]
I am further directed, Sir, by Congress to inform you, that in their opinion, the late Conduct and Correspondence of General Howe, render a strict Attention to the Support of the Dignity of these Free and Independent States, at this time peculiarly necessary: and that they esteem that Dignity Injured by permitting the Enemy's Officers, Prisoners with us, to go in on Parole, before ours are sent out: a Practice admitting an Imputation of a want of good Faith on our Part, and a Perfect Confidence in an enemy whom we cannot trust: and on that Account studiously to be avoided: they therefore doubt not from your Zeal for the Honor of these States, that you will pay a strict Attention to this Matter, as nothing can tend to sink us both in our Estimation and in that of all the World, than a patient Submission to that Insolent Superiority, which our Enemies affect in carrying on this War.
Congress have taken Measures for purchasing such Articles of Capt: Cotteneau's Cargo as are necessary for the Army.3
[Note 3: 3 This draught, in the writing of William Duel is in the Papers of the Continental Congress, No. 19, VI, folio 241. The letter, as sent, in the writing of Charles Thomson, and signed by Henry Laurens, is in the Letters to Washington, vol. 92, folio 45.]
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Four o'Clock, p. m
Congress took into consideration the draught of a letter in answer to General Washington's letter of the 4th, and some progress being made therein,
A motion was made to adjourn, it being 10 o'clock.
Question put, nine states being present.
While the states were calling, Mr. [Thomas] Burke, representing the State of North Carolina, after voting in the affirmative, declared the states might vote as they pleased, he would upon his honor adjourn himself; and thereupon he immediately withdrew, by which means Congress could not proceed to business.
Mr. [Edward] Langworthy, the delegate representing Georgia, having also withdrawn,
Ordered, That the messenger wait on the members, and desire them to attend Congress.
The messenger returned, and reported, That he had delivered the message of Congress to the members. That Mr. [Edward] Langworthy replied he would return presently. That Mr. [Thomas] Burke replied, "Devil take him if he would come; it was too late and too unreasonable."
Mr. [Edward] Langworthy attended, and declared that when he withdrew, he thought Congress was adjourned; and under that opinion he withdrew.
Resolved, That a warrant issue on the Treasurer in favour of Elias Boudinot, Esq. late Commissary General of Prisoners, for four thousand seven hundred and seventeen and 14/90 Dollars in specie, and for seven thousand nine hundred and ninety eight and 32/90 Dollars Continental Currency, he to be accountable.1
[Note 1: 1 From a Treasury report, dated April 9, in the Papers of the Continental Congress, No. 136, II, folio 213. Thomson has noted on it, "agreed 10th," but no entry appeared in the journals.]
Adjourned to 9 o'Clock to Morrow
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