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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, MAY 5, 1778
On motion, Resolved, That a passport and safe conduct be granted for Mrs. Prevost, wife of Brigadier Prevost, commander in chief in East Florida, and now at Augustine, that she may return to Europe.
A letter of the 3, and one of the 4, from General Washington, the latter enclosing a letter and account from General Lord Stirling, were read:1
[Note 1: 1 Washington's letter of the 3d is in the Papers of the Continental Congress, No. 152, V, folio 5; that of the 4th is on folio 9; that of Stirling is on folio 13.]
Ordered, That the letter and account from Lord Stirling, be referred to the Board of Treasury.
A letter, of the 1, from General Greene, Q. M. G., was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 155, I, folio 67.]
Resolved, That the Board of War be directed to send, without delay, a person of diligence and skill to Virginia, there to enquire into the state and condition of the salted pork and beef purchased for the use of the army; that he
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be directed to pass along the different stages where the said provisions may be lodged, as at Georgetown, Alexandria, Dumfries, Cave's ware-house, Fredericksburgh, Hob's Hole, Frazier's, Williamsburgh, &c. &c. and examine into the conduct of all deputy commissaries, deputy quarter masters, and deputy waggon masters, on the said route: and where he shall discover any misconduct in the said officers, either by neglecting to forward the provisions to the camp, or by suffering the same to be damaged, or by misconducting the waggonage to the public injury, that he report the result of such enquiry to the heads of the respective departments, and to the governor of Virginia, together with the state and condition in which he shall find the provisions; and that he cause necessary cooperage, fresh brine, or smoaking, and other necessary precautions to be taken, for the preservation of the public provisions; and that he cause all prudent expedition to be used in forwarding the sound provisions quickly to the army.
Mr. P[hilip] Livingston, a delegate from the State of New York, attended, and took his seat.
Resolved, That the commissioners, or any one of them, representing these states at the court of France, be instructed to inform that court that, although Congress have readily ratified the treaties of amity and commerce, and treaty of alliance, and the act, separate and secret, between his most Christian majesty and these United States, in order to evince more clearly their sense of the magnanimity and goodness of his most Christian majesty, evidenced in the said treaties; yet, Congress are of opinion that dissentions may hereafter arise from the imposition of duties upon the exportation of the produce and manufactures of the dominions of his most Christian Majesty to these states, whilst similar duties on the produce
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of these states might be prevented by means of the prohibition contained in the 12 Article of the said treaty; wherefore relying on the same magnanimity and desire of permanent friendship and mutual advantage between the two countries which have strongly marked the councils of France in this treaty, and sincerely desirous of establishing the most permanent and perpetual friendship and alliance founded on equal interest and convenience have no doubt but that it will be agreed that the from a sincere desire of rendering the friendship and alliance, so happily begun, permanent and perpetual, and being apprehensive that differences may arise from the 11 and 12 articles in the treaty of amity and commerce, Congress are desirous that the said 11 and 12 articles may be revoked and utterly expunged:
The commissioners, or any of them, are therefore instructed to use their best endeavours to procure the abolition of the said 11 and 12 articles of the said treaty.
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DECLARATION1
[Note 1: 1 This declaration is the formal paper by which the King complied with the representations of Congress. It is in the Department of State, with a translation made by John Pintard. There is no letter in the Diplomatic Correspondence of the Revolution (Wharton) to show when this paper was sent to Congress; nor is there any reference in the Journals to its reception or any further action by Congress. I have therefore inserted it at this point, to complete the history of the treaty. In the Department of State is to be found a paper which is doubtless the form of the declaration submitted by the American commissioners:
DECLARATION
- Le Roi très chrétien ayant bien voulu avoir égard aux Représentations que lui a faites le Congrès général de l'Amérique Septentrionale, relativement à l'Article 11 du Traité de commerce, signé le 6e fevrier de la présente année, et S. M. ayant consenti en Consequence que le d. Article demeurât supprimé à Condition que l'Article 12 du même Traité fût également regardé comme non à venu; le Congrès général a déclaré et déclare de son côté qu'il consent à la suppression des Articles 11 et 12 susmentionnés, et son intention est qu'ils soient regardés comme n'ayant jamais été compris dans le Traité signé le 6 Fevr d.
(Signed by) B. Franklin
Arthur Lee
John Adams
- The most christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the 11th Article of the Treaty of Commerce signed the 6th of February in the present year, and his Majesty having, therefore, consented that the said Article should be suppressed on Condition that the 12th Article of the same Treaty be equally regarded as of no Effect, the above said general Congress hath declared, on their part, and do declare, that they consent to the Suppression of the 11th and 12th Articles of the above mentioned Treaty, and that their intention is, that these Articles be regarded as having never been comprised in the Treaty signed the 6th of February. In faith whereof &c.
The three names are in the writing of Benjamin Franklin.]
Le Congrès gèenéral des Etats unis de l'Amérique Septentrionale ayant representé au Roi que l'éxécution de l'Article onze du Traité d'amitié et de commerce signé le six du mois de février dernier pourroit entrainer des inconvenients après soi, et ayant desiré en conéquence que cet article demeurât suprimé, consentant en échange que l'Article douze soit également regardé comme non à venu, Sa Majesté, pour donner aux Étas unis de l'Amérique Septentrionale une nouvelle preuve de son affection, ainsi que de son désir de consolider l'union et al bonne correspondance établies entre les deux États, a bien voulu avoir égard à leurs représentations; en consequence Sa Mte. a déclaré et déclare par les présentes qu'elle consent à la Suppression des articles
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onze et douze susmentionnés, et que son intention est, qu'ils soient regardés comme n'ayant jamais été compris dans le Traité signé le six février dernier.
Fait à Versailles, le premier jour du mois de Septembre mil sept cent soixante et dix huit.
Gravier de Vergennes.
The committee appointed to prepare the form of a ratification, brought in the same, which was read and agreed to:
The Congress 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, by the grace of God, sovereign, free and independent; to all who shall see these presents, greeting:
Whereas, in and by our commission, dated at Philadelphia, the 30th day of September, in the year of our Lord one thousand seven hundred and seventy six, Benjamin Franklin, one of the delegates in Congress from the state of Pennsylvania, and president of the convention of the said State, &c. Silas Deane, late a delegate from the State of Connecticut, and Arthur Lee, barrister at law, were nominated and appointed our commissioners, with full powers to treat, agree, and conclude with his most Christian majesty the king of France, or with such person or persons as should 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 most Christian majesty and the people of the United States, we, promising in good faith to ratify whatsoever our said
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commissioners should transact in the premises; and, whereas, our said commissioners, in pursuance of their full powers, on the 6th day of February last, at Paris, with Conrad Alexander Gérard, royal syndic of the city of Strasburg, secretary of his most Christian majesty's council of state, by virtue of powers plenipotentiary to him granted by his most Christian majesty, and dated the 30th day of January, in the year of our Lord one thousand seven hundred and seventy eight, did conclude and sign, on the part of the crown of France, and of the United States of America, a (treaty of amity and commerce, or treaty of alliance, or act separate and secret) in the following words, (here insert the respective treaties verbatim, French and English).
Now know ye, that we, the said Congress, have unanimously ratified and confirmed, and by these presents do ratify and confirm the said treaty, and every part, article, and clause thereof, on our part concluded and signed as aforesaid; and further do authorize and direct our commissioners at the court of France, or any of them, to deliver this our act of ratification in exchange for the ratification of the said treaty on the part of his most Christian majesty the king of France and Navarre.
Done in Congress at York town, in the state of Pennsylvania, this 4th day of May, in the year of our Lord one thousand seven hundred and seventy eight.
In testimony whereof, the President, by order of the said Congress, hath hereunto subscribed his name and affixed his seal.
Attest.President, (L. S.)
Secretary.
Ordered, That six copies of the treaties, with the ratification agreed to, be made out and transmitted by the Committee for Foreign Affairs to the commissioners of
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the United States at the court of France, by different conveyances.
Ordered, That the Marine Committee provide vessels for carrying the said despatches.
Ordered, That the committee appointed to prepare the form of ratification, &c. be directed to prepare a proper publication on the present occasion.
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 Moses Black, for the sum of fifty four thousand three hundred and eighty seven dollars and 60/90, in discharge of the following draughts of Otis and Andrews, in favour of Philip Moore, and endorsed to the said Black, viz.
which sums are paid at the instance of James Mease, Esq. cloathier general, and to be charged to his account.
Resolved, That a warrant Issue on the Treasurer in favour of James Mease, Clothier General, for the sum of Fifty Postponed thousand Dollars for the use of his Department, and to be charged to his account.
Ordered, That a warrant issue on the treasurer in favour of Colonel Charles Stewart, commissary general of issues, for the sum of forty thousand dollars, for the use of his department, and to be charged to his account.
Ordered, That 400,000 dollars be paid to William Buchanan, Esqr. late commissary general of purchases, 200,000 of which, for the payment of debts by him contracted in
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the northern, and 200,000 dollars for the payment of debts contracted in the southern district; which sum is to be charged to his account.
Ordered, That 1,934 60/90 dollars, be paid to Daniel Joy, it being the amount of his account, liquidated by the Board of War, for proving cannon, &c., for the use of the United States.
Ordered, That a warrant issue on the treasurer in favour of General Greene, Q. M. G., for three millions of dollars, for the use of his department, and to be charged to his account.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 269.]
Resolved, That the officers appointed to command the two batallions ordered to be raised in Virginia and Pensylvania, for the defence of the western frontiers, be no longer continued in pay, nor be considered as continental officers, longer than the said regiments are continued in service.
The committee to whom was referred the letter of 30 April, from General Washington, brought in a report: Whereupon,
Resolved, That Congress approve General Washington's plan for the institution of a well organized inspectorship:
That the Baron Steuben be appointed to the office of inspector general, with the rank and pay of major general; his pay to commence from the time he joined the army and entered into the service of the United States:
That there be two ranks of inspectors, under the direction of the inspector general, the first to superintend two or more brigades, and the other to be charged with the inspection of only one brigade.
That the officers appointed inspectors receive, in addition to the pay which they derive from their rank, thirty
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dollars a month; and that the brigade inspectors receive, in addition to their pay, twenty dollars a month:
That General Washington be authorized to appoint such persons to be inspectors and brigade inspectors for the main army, as he shall think best qualified to execute the several duties of those offices.
Your Committee beg leave further to report as their Opinion, That it would be proper for Congress to appoint all Inspector General for the Army under the Command of Major General Gates, and that Monsr. Laneuville appears to your Committee to be an able, skilful Officer, and well qualified for that Office, and therefore that it be resolved,
That Monsr.* Laneuville be appointed to the Office of Inspector General of the Army under the Command of Major General Gates, and that he have a Brevet Commission of Brigadier General and receive the Pay and Rations annexed to that Rank.1
[Note *: * Note by the Committee: "Insert Christian name."]
[Note 1: 1 This report, in the writing of Samuel Chase, is in the Papers of the Continental Congress, no. 19, VI, folio 243. It is endorsed: "part agreed to 5 May, 1778, rest postponed."]
Treasury Office, York Town, May 5th, 1778.
Resolved, That Samuel Hillegas be hereafter allowed Postponed. four Dollars per day whilst attending the business of signing Loan Office Certificates or Bills of Exchange.
That William Palfrey, Pay Master General, be allowed the additional Pay of [one hundred] Dollars per month, from the Postponed; Agreed, 6th date of this Resolution until Congress shall otherwise order.
That each of the auditors of the Army be hereafter allowed Five Dollars per day and Forrage for his Servant's Horse whilst in Camp.
That considering the Extra Expence of officers attending Congress, the Secretary and Pay Master of the Board of War and Postponed, Amended, 16 June Ordnance be hereafter allowed [one hundred Dollars] per month, and the first Clerks of the several Boards [in the Secretarys office not exceeding 100] Dollars per month until] the further orders of Congress.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 267. The words in brackets were inserted by Henry Laurens.]
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Resolved, That the pay of the auditors of the army be hereafter augmented to five dollars a day, and that each of them be allowed forage for his servant's horse whilst in camp.
Adjourned to 10 o'Clock to Morrow.
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