| 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 --WEDNESDAY, MAY 6, 1778
A letter, of 27 April, from John Baynton, paymaster at Fort Pitt, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 27 April, from the Commissioners at Fort Pitt, with sundry papers enclosed, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, V, folio 155.]
Ordered, That the same be referred to the Board of War, who are directed to report thereon.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That sixteen thousand dollars be paid to the Marine Committee, to enable them to make a partial payment to William Smith, Esqr. for iron and flour purchased by him for the use of the navy in the eastern department; for which they are to be accountable:
That 18,306 dollars be paid to the Committee of Commerce, to discharge three bills of exchange drawn upon them by Messrs. Hewes & Smith, commercial agents at Edenton, North Carolina; the said Committee to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 271.]
The committee appointed to prepare a publication, brought in a draught which was read, and after debate,
Resolved, That the same be re-committed.
That Mr. G[ouverneur] Morris be added to the said committee.
Page 468 | Page image
Three o'Clock, p. m.
The committee to whom was re-committed the draught for publication, brought in another draught, which was taken into consideration, and agreed to as follows:
Whereas, Congress have received from their commissioners at the court of France, copies of a treaty of amity and commerce, and of a treaty of alliance, between the crown of France and these United States, duly entered into and executed at Paris, on the 6th day of February last, by a minister properly authorized by his most Christain majesty on the one part, and the said commissioners on the other part: and whereas, the said treaties have been maturely considered and unanimously ratified and confirmed by Congress;
It is recommended to the Inhabitants of these United States, that they regard and treat the subjects of France as those of a magnanimous and generous Ally. For it is with pleasure that Congress inform the Public that his most Christian Majesty, declining to avail himself of the situation of these United States, engaged in a war with a powerful and cruel Enemy, hath with a magnanimity becoming a great Prince, generously treated on terms of perfect equality and mutual benefit. And to the end that all proper alacrity may be shewn in giving aid and protection to the commerce, property and persons, of the subjects of his Most Christian Majesty, the following extracts from said Treaties are published for the information of all, and for regulating the conduct of those whom it may more immediately concern.1 in which said treaty of amity and commerce are the articles following, to wit: (here insert Art. 6, 7, 16, 15, 16, 17, 20, 21, 25, 26, 27, and 29, with the form of the passports.) Now, therefore, to the end, that the said treaty may be well and faithfully performed and kept on the part and behalf of these United States:
[Note 1: 1 To this point the report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 29, folio 303. What follows is based upon rough notes in the writing of Gouverneur Morris, on folio 301.]
Page 469 | Page image
Resolved, That all captains, commanders, and other officers and seamen belonging to any of the vessels of war of these United States, or any of them, or of any private armed vessels commissioned by Congress, and all other the subjects of these United States, do govern themselves strictly in all things according to the above recited articles; and that they do afford the same aid and protection to the persons, commerce and property of the subjects of his most Christian majesty, as is due to the persons, commerce and property of the inhabitants of these United States;
And further it is recommended to all the inhabitants of these states to consider the subjects of his most Christain majesty as their brethren and allies, and that they behave towards them with the friendship and attention due to the subjects of a great prince, who, with the highest magnanimity and wisdom hath treated with these United States on terms of perfect equality and mutual advantage, thereby rendering himself the protector of the rights of mankind.
Sundry resolutions being moved, relative to the mode of trying naval officers, Congress took the same into consideration; Whereupon,
Resolved, That when any ship or vessel of war in the service of the United States shall be lost by capture or otherwise, a court of enquiry, consisting of that continental navy board which shall by the Marine Committee of Congress be directed to proceed therein, or any three persons that such navy board may appoint, be held to enquire into the cause of such loss; and if it shall appear that the same was occasioned by the negligence or malconduct of the captain or any other commissioned officer belonging to the ship or vessel of war so lost, that then a court martial be held for the trial of the officer so offending, to consist of such officers, if conveniently to be
Page 470 | Page image
collected, as by the rules and regulations of the navy constitute a court martial, otherwise of five such persons, as the said navy board shall for that purpose appoint; and if such loss should be by capture, and it shall appear on trial that the same was occasioned by the cowardice or treachery of the commanding officer, then and in that case such commanding officer shall suffer death; and if the loss, whether by capture or otherwise, should be occasioned by any other mal-conduct, such commanding officer shall be by such court martial cashiered.
Resolved, That when two or more ships or vessels of war in the service of these states are in company, and any or either of them shall be lost by capture or otherwise, a court of enquiry, so constituted as aforesaid, shall be held to enquire into the causes thereof; and if it should appear that such loss was occasioned by the mal-conduct or negligence of any captain or commanding officer of any other ship or vessel in company as aforesaid, then a court martial, constituted as before-mentioned, shall be held for the trial of the officer so offending; and if the loss should be by capture, and it should appear on trial that such capture was occasioned by the cowardice or treachery of such captain or commanding officer by withholding his assistance from the ship or vessel of war so captured, then and in that case such captain or commanding officer shall suffer death; but if it shall appear that the loss happened through any other mal-conduct of such captain or commanding officer, then he shall be by such court martial cashiered.
Resolved, That if, upon enquiry as aforesaid into the conduct of any officer or officers in the service of these states, it shall appear that they or any of them shall have offended in any instance mentioned in these resolutions, it shall be in the power of the navy board to suspend such
Page 471 | Page image
officer or officers until a trial by court martial shall be had, and the navy board shall forthwith transmit to the Marine Committee the proceedings of such court of enquiry, with their doings in consequence thereof; and to Congress all the proceedings of court martials, when any shall be had, previous to the execution of any capital sentence, that shall be by such court martial awarded; to the end that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof.
Resolved, That these resolves continue in force one year from the date hereof, and no longer.
Resolved, That a committee of three be appointed to prepare an address to the inhabitants of these states, upon the present situation of public affairs:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Samuel] Chase and Mr. [Gouverneur] Morris.
A letter from the Board of War was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [Samuel] Huntington, Mr. [Charles] Carroll and Mr. [Roger] Sherman.
Congress took into consideration a report of the Board of Treasury of the 5th; Whereupon,
Resolved, That William Palfrey, pay master general, be allowed the additional pay of one hundred dollars a month, from the date of this resolution, until Congress shall otherwise order.1
[Note 1: 1 A memorial of Mark Bird, dated the 6th, and read on this day, is in the Papers of the Continental Congress, No. 59, III, folio 199. It is endorsed by Laurens: "Ordered to lie." Also a letter from George Ewing, dated May 4, was read and disposed of in the same manner. It is in No. 78, VIII, folio 269.]
Adjourned to 10 o'Clock to Morrow.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |