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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 --THURSDAY, OCTOBER 22, 1778

Journals of the Continental Congress, 1774-1789
THURSDAY, OCTOBER 22, 1778

Ordered, That Major General Arnold make immediate return to Congress of his proceedings in the execution of the order of Congress of yesterday, for the arrest and commitment of David Franks, Esq.

A memorial from the regimental surgeons and surgeons' assistants of the army of the United States of America, was read:

Ordered, That it be referred to a committee of three:

The members chosen, Mr. [Nathaniel] Scudder, Mr. [Samuel] Holten, and Mr. [Josiah] Bartlett.

A memorial from Captain John P. Schott, was read:

Ordered, That it be referred to the Board of War.

On motion,Resolved, That General Washington be directed to order Major General Gates, forthwith to repair to Boston, to take command of the continental forces that are or may be in the eastern district, until the farther orders of Congress or General Washington.

According to order, Major General Arnold having made return of his proceedings in execution of the order of yesterday, the same was read.¹

[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 162, folio 149.]

Resolved, That to the end the arrears due to the militia of Virginia that have been in continental service, called

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into such service by order of Congress or the Commander in Chief, may be speedily adjusted and paid, the governor and council of that State be requested to call upon the proper officers to produce authenticated abstracts, shewing the arrears due to such militia as have so served, and cause the same to be immediately paid by warrants from the governor on Benjamin Harrison, Jun, Esq. the deputy pay master in Virginia.

Congress resumed the consideration of the instructions to the minister plenipotentiary at the court of Versailles, which being amended were agreed to.

To the Honourable Benjamin Franklin, Esquire, Minister Plenipotentiary of the United States of North America to the Court of France.

We, the Congress of the United States of North America, having thought it proper to appoint you their minister plenipotentiary to the court of his most Christian Majesty, you shall in all things, according to the best of your knowledge and abilities, promote the interest and honour of the said states at that court, with a particular attention to the following instructions:

• 1. You are immediately to assure his most Christian Majesty, that these states entertain the highest sense of his exertions in their favour, particularly by sending the respectable squadron under the Count d'Estaing, which would probably have terminated the war in a speedy and honourable manner, if unforeseen and unfortunate circumstances had not intervened.

  You are further to assure him that they consider this speedy aid, not only as a testimony of his Majesty's fidelity to the engagements he hath entered into, but as an earnest of that protection which they hope from his power and

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  magnanimity, and as a bond of gratitude to the union, founded on mutual interest.

• 2. You shall, by the earliest opportunity, and on every necessary occasion, assure the king and his ministers, that neither the Congress nor any of the states they represent, have at all swerved from their determination to be independent in July 1776. But as the declaration was made in face of the most powerful fleet and army which could have been expected to operate against them, and without any the slightest assurance of foreign aid, so, although in a defenceless situation, and harassed by the secret machinations and designs of intestine foes, they have, under the exertions of that force, during three bloody campaigns, persevered in their determination to be free. And that they have been inflexible in this determination, notwithstanding the interruption of their commerce, the great sufferings they have experienced from the want of those things which it procured, and the unexampled barbarity of their enemies.
• 3. You are to give the most pointed and positive assurances, that although the Congress are earnestly desirous of peace, as well to arrange their finances and recruit the exhausted state of their country, as to spare the further effusion of blood, yet they will faithfully perform their engagements, and afford every assistance in their power to prosecute the war for the great purposes of the alliance.
• 4. You shall endeavour to obtain the king's consent to expunge from the treaty of commerce the eleventh and twelfth articles, as inconsistent with that equality and reciprocity which form the best surety to perpetuate the whole.
• 5. You are to exert yourself to procure the consent of the court of France, that all American seamen, who may

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  be taken on board of British vessels, may, if they choose, be permitted to enter on board American vessels. In return for which, you are authorized to stipulate, that all Frenchmen who may be taken on board of British vessels, by vessels belonging to the United States, shall be delivered up to persons appointed for that purpose by his most Christian Majesty.¹

  [Note 1: 1 This paragraph was inserted after the report was laid before Congress. It is in the writing of William Duer. The 5th paragraph of the original report was rejected October 22, but was restored and stands as the 6th paragraph.]

• 6. You are to suggest to the ministers of his most Christian Majesty, the advantage which would result from entering on board the ships of these states, British seamen who may be made prisoners, thereby impairing the force of the enemy, and strengthening the hands of his ally.
• 7. You are also to suggest the fatal consequences which would follow to the commerce of the common enemy, if, by confining the war to the European and Asiatic seas, the coasts of America could be so far freed from the British fleets as to furnish a safe asylum to the frigates and privateers of the allied nations and their prizes.
• 8. You shall constantly inculcate the certainty of ruining the British fisheries on the banks of Newfoundland, and consequently the British marine, by reducing Halifax and Quebec; since, by that means they would be exposed to alarm and plunder, and deprived of the necessary supplies formerly drawn from America. The plan proposed to Congress for compassing these objects are herewith transmitted for your more particular instruction.
• 9. You are to lay before the court the deranged state of our finances, together with the causes thereof; and show the necessity of placing them on a more respectable footing, in order to prosecute the war with vigour on the part of America. Observations on that subject are herewith
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  transmitted; and more particular instructions shall be sent whenever the necessary steps previous thereto shall have been taken.

• 10. You are, by every means in your power, to promote a perfect harmony, concord, and good understanding, not only between the allied powers, but also between and among their subjects, that the connexion so favourably begun may be perpetuated.
• 11. You shall in all things take care not to make any engagements, or stipulations, on the part of America, without the consent of Congress previously obtained.

  11thly. You shall endeavor to gain Intelligence of the Views, ObjectsRejected 2 Qu. divided and Designs of the French Court, as far as they may relate to or affect the Interests of these States; and of the Characters and Abilities of the Ministers and communicate the Result of your Enquiries and Observations to Congress from Time to Time.

We pray God to further you with his goodness in the several objects hereby recommended; and that he will have you in his holy keeping.

Done at Philadelphia, the 26th day of October, 1778.¹

[Note 1: 1 See note under October 26, page 1064, post.]

By the Congress.

H. Laurens,President.

Attest.

Charles Thomson,Secretary.

∥Plan for reducing the Province of Canada, referred to in the Instructions of Honourable B. Franklin, Minister to the Court of France.∥

PLAN OF AN ATTACK UPON QUEBEC.

That a number of men be assembled at Fort Pitt, from Virginia and Pennsylvania, amounting to one thousand five hundred rank and file; for which purpose three thousand

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should be called for; and if more than one thousand five hundred appear, the least effective be dismissed. To these should be added one hundred light cavalry, one half armed with lances. The whole should be ready to march by the first day of June; and for that purpose they should be called together for the 1st day of May, so as to be in readiness by the 15th. The real and declared object of this corps should be to attack Detroit, and to destroy the towns, on the route thither, of those Indians who are inimical to the United States.

• 2. That five hundred men be stationed at or near Wyoming this winter, to cover the frontiers of Pennsylvania and New Jersey; to be reinforced by one thousand men from those states early in the spring. For this purpose, two thousand men must be called for to appear on the first of May, so as to be in readiness by the 15th. They must march on the first of June, at farthest, for Oncohquaga; to proceed from thence against Niagara. This is also to be declared.
• 3. That in addition to the garrison of Fort Schuyler or Stanwix, one thousand five hundred men be stationed this winter along the Mohawk river; and preparations of every kind made to build vessels of force on lake Ontario early next spring; and to take post at or near Oswego. A reinforcement of two thousand five hundred men, from the militia of New York and the western parts of Connecticut and Massachusetts Bay, must be added to these early in the spring; for which purpose a demand must be made of five thousand. A party, consisting of five hundred regular troops and one thousand militia, must march from Schenectady; so as to meet those destined to act against Niagara at Oncoghquaga. They should be joined by about one hundred light dragoons, armed as aforesaid, together with all the warriours which can be collected

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  from the friendly tribes. In their march to Niagara, they should destroy the Seneca and other townships of Indians who are inimical.

• 4. That two thousand five hundred men be marched from Fort Schuyler, as early as possible after the middle of May, to Oswego, and take a post there, or in the neighbourhood; to be defended by about five hundred men. That they be also employed in forwarding the vessels to be built for securing the navigation of lake Ontario, and in making excursions towards Niagara; so as to keep the Indian country in alarm, and facilitate the operations in that quarter.
• 5. That a number of regiments be cantoned along the upper parts of Connecticut river, to be recruited in the winter; so as to form a body of five thousand regular troops, rank and file; and every preparation made to penetrate into Canada by the way of the river St. Francis. The time of their departure must depend upon circumstances; and their object be kept as secret as the nature of the thing will permit. When they arrive at the St. Lawrence, they must take a good post at the mouth of St. Francis, and turn their attention immediately to the reduction of Montreal, St. John's, and the north end of lake Champlain. These operations will be facilitated by the several movements to the westward, drawing the attention of the enemy to that quarter. If successful, so as to secure a passage across the lake, further reinforcements may be thrown in, and an additional retreat secured that way. The next operation will be in concert with the troops who are to gain the navigation of lake Ontario, &c. This operation, however, must be feeble, so long as the necessity exists of securing their rear towards Quebec. Such detachment, however, as can be spared, perhaps two thousand, with as many Canadians as will join them, are

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  to proceed up Cadaraqui, and take a post, defensible by about three hundred men, at or near the mouth of lake Ontario. They will then join themselves to those posted, as aforesaid, at or near Oswego; and, leaving a garrison at that post, proceed together to the party at or near Niagara, at which place they ought, if possible, to arrive by the middle of September. The troops who have marched against Detroit should also, whether successful or not, return to Niagara, if that post is possessed or beseiged by the Americans; as a safe retreat can by that means be accomplished for the whole, in case of accidents.

On the supposition that these operations succeed, still another campaign must be made to reduce the city of Quebec. The American troops must continue all winter in Canada. To supply them with provisions, clothing, &c. will be difficult, if not impracticable. The expense will be ruinous. The enemy will have time to reinforce. Nothing can be attempted against Halifax. Considering these circumstances, it is perhaps more prudent to make incursions with cavalry, light infantry, and chasseurs, to harass and alarm the enemy; and thereby prevent them from desolating our frontiers, which seems to be their object during the next campaign.

But if the reduction of Halifax and Quebec are objects of the highest importance to the allies, they must be attempted.

The importance to France is derived from the following considerations:
• 1. The fishery of Newfoundland is justly considered as the basis of a good marine.
• 2. The possession of those two places necessarily secures to the party, and their friends, the island and fisheries.
• 3. It will strengthen her allies; and guarantee more strongly their freedom and independence.

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• 4. It will have an influence in extending the commerce of France, and restoring her to a share of the fur trade, now monopolized by Great Britain.

The importance to America results from the following considerations:
• 1. The peace of their frontiers.
• 2. The arrangement of their finances.
• 3. The accession of two states to the union.
• 4. The protection and security of their commerce.
• 5. That it will enable them to bend their whole attention and resources to the creation of a marine, which will at once serve them and assist their allies.
• 6. That it will secure the fisheries to the United States, and France their ally, to the total exclusion of Great Britain.¹

  [Note 1: 1 This paragraph was inserted in the writing of Henry Laurens.]

Add to these considerations:
• 1. That Great Britain, by holding these places, will infest the coasts of America with small armed vessels to the great injury of the French as well as the American trade.
• 2. That her possessions in the West Indies materially depend on the possession of posts to supply them with bread and lumber, and to refit their ships, and receive their sick, as well soldiers as seamen.

In order then to secure, as far as human wisdom can provide, the reduction of those places, aid must be obtained from France.

Suppose a body of from four to five thousand French troops sail from Brest, in the beginning of May, under convoy of four ships of the line and four frigates. Their object to be avowed; but their clothing, stores, &c., such as designate them for the West Indies. Each soldier must have a good blanket, of a large size, to be made into a

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coat when the weather grows cool. Thick clothing for these troops should be sent in August, so as to arrive at such place as circumstances by that time may indicate, by the beginning of October. These troops, by the end of June or beginning of July, might arrive at Quebec, which, for the reasons already assigned, they would in all probability find quite defenceless. Possessing themselves of that city, and leaving there the line of battle ships, the marines and a very small garrison, with as many of the Canadians as can readily be assembled (for which purpose spare arms should be provided, which might be put up in boxes, and marked as for the militia of one of the French islands,) the frigates and transports should proceed up the river St. Lawrence, and a disembarkation take place at the month of the river St. Francis. If the Americans are already at that place, the troops will co-operate for the purposes abovementioned: If not, a post must be taken there, and expresses sent, &c. In the interim, three of the frigates, with four of the smallest transports, should proceed to Montreal, and if possible possess that city; when the nobles and clergy should be immediately called together by the general, who should, if possible, be well acquainted with the manners both of France and of the United States.

The troops should bring with them very ample provisions, especially of salted flesh, as they will come to a country exhausted by the British army. By the latter end of July, or about the middle of August, the reduction of Canada might be so far completed, that the ships might proceed to the investiture of Halifax, taking on board large supplies of flour. A part of the troops might march, and be followed by the sick, as they recover. A considerable body of American troops also might then be spared for that service, which, with the militia of the states of Massachusetts

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Bay and New Hampshire, might proceed to the attack of Halifax, so as to arrive at the beginning of September; and if that place should fall by the beginning or middle of October, the troops also might either proceed against Newfoundland, or remain in garrison until the spring; at which time that conquest might be completed. If Halifax should not be taken, then the squadron and troops would still be in time to operate against the West Indies.

To the HonourableBenjamin Franklin, Esquire.

Sir: The above plan, referred to in your instructions, you shall lay substantially before the French minister. You shall consult the Marquis de la Fayette on any difficulties which may arise; and refer the ministry to him, as he hath made it his particular study to gain information on those important points.

By order of Congress.

Attest.H. L.President.

C. T.Sec'y.

OBSERVATIONS ON THE FINANCES OF AMERICA.

At the commencement of the war, it was obvious that the permanent revenues and resources of Great Britain must eventually overbalance the sudden and impetuous sallies of men contending for freedom on the spur of the occasion, without regular discipline, determinate plan, or permanent means of defence. America having never been much taxed, nor for a continued length of time, being without fixed government, and contending against what once was the lawful authority, had no funds to support the war, notwithstanding her riches and fertility. And the contest being upon the very question of taxation, the laying of imposts, unless from the last necessity, would have been madness.

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To borrow from individuals, without any visible means of repaying them, and while the loss was certain from ill success, was visionary.

A measure, therefore, which had been early adopted, and thence become familiar to the people, was pursued. This was the issuing of paper notes representing specie, for the redemption of which the publick faith was pledged.

As these were to circulate from hand to hand, there was no great individual risk, unless from holding them too long; and no man refused to receive them for one commodity, while they would purchase every other.

This general credit, however, did not last long. It menaced so deeply the views of our enemies, who had built their hopes upon the defect of our resources, that they and their partisans used every effort to impeach its value. Their success in one instance of this kind always made room for another; because he who could not relieve his wants with our paper would not part with his property to procure it.

To remedy this evil, the states, as soon as formed into any shape of legislation, enacted laws to make the continental paper a lawful tender, and indeed to determine its value, fixing it by penalties, at the sum of specie expressed on the face of it. These laws produced monopoly throughout.

The monopoly of commodities, the interruption of commerce rendering them more scarce, and the successes of the enemy, produced a depreciation of the paper. And that trace begun, became in itself a source of further depreciation. The laws devised to remedy this evil either increased, or were followed by an increase of it.

This demanded more plentiful emissions, thereby increasing the circulating medium to such a degree as not only to exclude all other, but, from its superabundant quantity, again to increase the depreciation.

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The several states, instead of laying taxes to defray their own private expences, followed the example of Congress, and also issued notes of different denominations and forms. Hence to counterfeit became much easier, and the enemy did not neglect to avail themselves of this great though base advantage. And hence arose a further depreciation.

Calling the husbandman frequently to arms, who had indeed lost the incitements to industry from the cheapness of the necessaries of life in the beginning, compared with other articles which took a more rapid rise, soon reduced that abundance which preceded the war. This, added to the greater consumption, together with the ravages and subsistence of the enemy, at length pointed the depreciation to the means of subsistence.

The issues from this moment became enormous, and consequently increased the disease from which they arose, and which must soon have become fatal, had not the successes of America, and the alliance with France, kept it from sinking entirely. The certainty of its redemption being now evident, we only suffer from the quantity.

This, however, not only impairs the value simply in itself, but, as it calls for continued large emissions, so the certainty that every thing will be dearer than it is, renders every thing will be dearer than it otherwise would be; and vice versa. Could we possibly absorb a part of the inundation which overwhelms us, every thing would be cheaper, from the certainty that it would become cheaper.

The money can be absorbed but three ways. The first is by taxation, which cannot reach the evil while the war continues. Because the emissions must continue to supply what is necessary over and above even the nominal produce of taxes. And the taxes cannot be very productive by reason of the possession of part, and the ravagement of other parts of the country by the enemy; and

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also from the weakness of governments yet in their infancy, and not arrived to that power, method and firmness, which are the portion of elder states.

The second method is by borrowing; and is not efficient; because no interest can tempt men to lend paper now, which paid together with that interest in paper a year hence, will not probably be worth half as much as the principal sum is at present. And whenever the case shall alter, then, in proportion to the appreciation, will be the loss of the publick on what they borrow; to say nothing of the enormous burthens for which they must pay interest in specie, or what is equal to it, if so much of what hath been emitted could be borrowed as to render the remainder equally valuable with silver.

The last method is by very considerable loans or subsidies in Europe, and is the only mode at once equal to the effect desired, and free from the foregoing exceptions. For, if such a sum is drawn for at the advanced exchange, as by taking up the greater part of our paper to reduce the exchange to par, the paper then remaining will be fully appreciated, and the sum due will not nominally, and therefore in the event really, exceed its real value.

But to this mode there are objections.

• 1. Subsidies by any means equal to our necessities can hardly be expected while our allies, being engaged in war, will want all the money they can procure; and,
• 2. Loans cannot probably be obtained without good guarantee, or other security, which America may not, perhaps, be able to procure or give. But until our finances can be placed in a better situation, the war cannot possibly be prosecuted with vigour, and the efforts made feeble, as they must be attended with an oppressive weight of expence, rendering still more weak the confederated states.

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This will appear from the foregoing observations; and also from this, that the present, and in all probability the future, seat of the war, also, that is, the middle states, are so exhausted that, unless by the most strenuous voluntary exertions of all the inhabitants, no great number of men can possibly be subsisted And such exertions cannot be expected without the temptation of money more valued than ours is at present.

To the HonourableBenjamin Franklin, Esquire.

Sir: The above observations referred to in your instructions, you shall lay substantially before the French ministry, and labour for their assistance to remove the difficulties there stated.

By order of Congress.

Attest.H. L.President.

C. T.Secretary.¹

[Note 1: 1 This report, in the writing of Gouverneur Morris, is in thePapers of the Continental Congress, No. 25, I, folios 35--46.]

Ordered, That the plan reported by the committee for reducing the province of Canada be transmitted to the General; and that he be requested to make such observations thereon as to him shall appear proper, and transmit the same to Congress; and deliver a copy thereof to the Marquis de la Fayette.²

[Note 2: 2 Washington submitted his comments in a letter of November 11, which was read in Congress on the 19th, and is printed inWritings of Washington (Ford), VII, 239.]

Ordered, That the members be under the injunction of secrecy with regard to the plan of attacking Canada, except what relates to the attacks of Detroit and Niagara.

Ordered, That the Marine Committee prepare a frigate, with all possible expedition, for carrying despatches to the minister plenipotentiary at the court of France, and for accommodating the Marquis de la Fayette with a passage.

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Ordered, That the resolutions of Congress relative to the expedition into Canada, together with the plan reported by the committee, be by them communicated to the Sr. Gérard, minister plenipotentiary of his most Christian Majesty to these states; and that the said committee be directed to explain to Sr. Gérard the reasons which have induced Congress to adopt this measure; and that the committee do report the result of their conference.

Resolved, That General Washington be directed to procure from Canada and Nova Scotia, as speedily as possible, the most exact intelligence that can be obtained respecting the number of troops in those provinces, and their stations; and also the number of vessels of war, their force and stations, with the number, state and strength of the fortifications. And that he transmit such intelligence, when received, to the marine committee.

Resolved, That the Marine Committee be instructed to transmit without delay after receiving the same the intelligence sent them by General Washington to the minister plenipotentiary at the court of Versailles by three successive conveyances.

A letter, of 13, from Major General Heath, was read:

Ordered, That it be referred to the committee on the case of Ensign Brown.

A letter, of 18, from General Washington, was read.¹

[Note 1: 1 The letter of Heath is in thePapers of the Continental Congress, No. 157, folio 213; that of Washington is in No. 152, VI, folio 407.]

Resolved, That the Committee for Foreign Affairs be directed to inform the minister plenipotentiary at the court of France, and the commissioners of the United States at the respective courts in Europe, that it is the desire of Congress, that harmony and good understanding should be cultivated between the ministers, commissioners and representatives of this Congress at the respective courts of Europe, and that such confidence and cordiality

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take place among them as is necessary for the honour and interest of the United States.

Resolved, That the marquis de la Fayette, major general in the service of the United States, have leave to go to France; and that he return at such time as shall be most convenient to him.

Resolved, That the following letter of recommendation of the marquis de la Fayette be written to the king of France:

To our great, faithful, and beloved friend and ally,

Louis the Sixteenth, king of France and Navarre.

Great, faithful, and beloved friend and ally.

The marquis de la Fayette having obtained our leave to return to his native country, we could not suffer him to depart without testifying our deep sense of his zeal, courage and attachment. We have advanced him to the rank of major general in our armies, which, as well by his prudent as spirited conduct, he hath manifestly merited. We recommend this young nobleman to your majesty's notice, as one whom we know to be wise in council, gallant in the field, and patient under the hardships of war. His devotion to his sovereign hath led him in all things to demean himself as an American, acquiring thereby the confidence of these United States, your good and faithful friends and allies, and the affection of their citizens.

We pray God to keep your majesty in his holy protection.

Done at Philadelphia, the 22d day of October, 1778. By the Congress of the United States of North America.

Your good friends and allies.

H. L.President.

Attested.

C. T.Secretary.

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Whereas, upon the evacuation of this city by the British army, certain seizures made of goods and effects, supposed to belong to the subjects of Great Britain, and other goods were taken up under contracts entered into with the inhabitants of this city by the officers, in the departments of quarter master, cloathier and commissary generals, and a committee hath been appointed by Congress to examine into the conduct of the said officers in making said seizures and contracts, that justice may be done to the public and individuals, but report hath not yet been made:

Resolved, That the Board of War direct such of the said goods, whether seized or contracted for, as may be wanted for the immediate use of the army, especially for cloathing, to be appropriated for that purpose; and that the Board of War direct that proper accounts be kept of the goods so appropriated, the quantity and quality, and of whom seized, or with whom contracted for.

Ordered, That two members be added to the committee aforesaid, and that the said committee sit on the business, and report on Thursday next:

The members chosen, Mr. M[eriwether] Smith and Mr. [Oliver] Ellsworth.

Adjourned to 10 o'Clock to Morrow.

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