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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, JANUARY 28, 1779
The President informed Congress, that the Minister of France expects that the application for the aid to be asked of Count d'Estaing should be accompanied with assurance of compensation, agreeably to the spirit and meaning of the 4 Art. of the Treaty of Alliance; to be hereafter settled by a convention between the court of France and the United States; Whereupon,
Resolved, That a committee of three be appointed to take the same into consideration, and report such resolution on the subject as may be proper in their opinion, for Congress to enter into on the subject:
The members chosen, Mr. [Henry] Laurens, Mr. S[amuel] Adams, and Mr. [William] Paca.2
[Note 2: 2 F. L. Lee appears to have been first written, and a large blot confuses the original as well as the inserted name; but Paca is the name, as the report was prepared by him.]
The Committee appointed to confer with the Minister of France on the subject of au application for aid from the Count D'Estaing, beg leave to report the following resolution:
Resolved, That it is the opinion of this Committee that in case the Count D'Estaing shall comply with the requisition of Congress and,
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furnish the aid required, and his most Christian Majesty shall hereafter demand compensation, the same shall be considered, adjusted and determined by future agreement conformable to the treaty now subsisting between his said Majesty and the United States and the true spirit and meaning thereof.1
[Note 1: 1 This report, in the writing of William Paca, is in the Papers of the Continental Congress, No. 19. I, folio 333. On folio 337, in the writing of George Bond, is a fair copy of an undated letter, probably intended for the Minister of France, and touching on this subject of compensation:
"Sir: The candor and frankness, which have distinguished all your negotiations with these States, impose particular obligations on Congress to observe on al occasions the like conduct towards you.
"They consider the arms of the allies as united in one common cause, for the great purpose of effectually maintaining the liberty sovereignty and independence, absolute and unlimited, of these States, and for mutual aid during the course of the war, and they admire the wise provision made by the treaty for preserving the harmony subsisting between them, by excluding all after claims of compensation on one side or on the other, whatever may be the event of the war.
"How far the fourth article of the treaty directs a stipulation for compensation to precede a particular enterprize proposed by one party, and to which the aid of the other is requested, has been taken by Congress into consideration.
"They are of opinion that the compensation mentioned in that article, cannot relate to enterprizes essential to the design of the alliance, and which may be proposed and undertaken by either party to secure, not extend their respective territories, or to diminish the power of the enemy by defeating their fleets and armies, not conquering their countries or cities.
"The expedition in question aims at nothing more than the expulsion of the enemy from a State which cannot be sovereign and independent while they remain masters of its capital, and by destroying part of their force advance the declared end of the war, which is to compel the enemy to yield the great objects of the alliance. The enterprize therefore must be considered in the same light with all other joint and ordinary exertions of force against the common enemy, and can give to neither party any mere claim to compensation than they could have derived from the reduction of Rhode Island by the United forces which operated against it.
"But, on the other hand, if after expelling the enemy from Georgia, Congress should extend their views and concert an enterprize against St Augustine, and request the aid of France in executing it, there can be no doubt but that according to the article in question, a prior convention ought to regulate the proportion of force each should furnish, and the share of advantage which each should reap by the conquest, because, as in this case new territory is to be acquired, reason demands that the party benefitted by the acquisition should make adequate compensation to the other.
"However, Sir, as Congress ardently wish to render the alliance perpetual, and therefore are solicitous to avoid all cause of future discontent or dispute, they forbear on this occasion to request or solicit, but only recommend to Count D'Estaing to detach to Georgia such part of his fleet, as may answer the purpose intended, provided he be not so engaged in more important expeditions as to render a compliance impracticable or improper.
"In this recommendation, if you approve the measure, they request the favor of you to join--They view it as a military manoeuvre which appears worthy of attention, and in that light only submit it to your and his consideration.
"It gives me pleasure, Sir, to be authorized and directed to assure you, that as on the one hand these States will faithfully observe the Treaty and make the most strenuous efforts against the common enemy, so on the other, They entertain not the least doubt but that their great Ally, as well as his Ministers and officers in every department, are influenced by the same principles, and will cheerfully exert all the power of his formidable Kingdom to obtain the avowed and important objects of the noble and liberal treaty he hath concluded with these States."]
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A letter and account from Richard Sewell and F[rederick] Kuhl, commissioners of the county of Philadelphia, for the use of the new jail, was laid before Congress:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XX, folio 387.]
Ordered, That the same be referred to the Board of Treasury.
The committee to whom was referred the memorial from Baron de Thulier, brought in a report; which, together with a report from the Board of War respecting Mons. Mauleon, were taken into consideration; Whereupon,
Resolved, That the President be desired to write letters to the Baron Thulier and Mons. de Mauleon, thanking them for the offer of their services to the United States, and informing them that as the situation of affairs do not admit of their being employed in the public service in stations suitable to their merit, Congress cannot have the pleasure of accepting the offers of their service:
And as these gentlemen have been long in attending the decision of Congress upon their applications, and have thereby sustained an heavy expence, and will also sustain an additional expence in their return to Europe:
Resolved, That 1500 dollars be granted to each of them, to enable them to return to Europe.2
[Note 2: 2 This report, in the writing of William Henry Drayton, is in the Papers of the Continental Congress, No. 19, II, folio 47.]
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The committee appointed to confer with the Commander in Chief, to whom was committed a letter of 19, with sundry papers enclosed, from the commissary of prisoners, brought in a report; Whereupon, Congress came to the following resolutions:
Whereas it has been represented in behalf of Sir Henry Clinton, commanding the British troops in New York, that some officers of the army of these United States have withdrawn themselves from captivity contrary to their paroles; and such a breach of public honor and private faith being in every view reprehensible and injurious:
Resolved, That the Commander in Chief be directed to make strict enquiry into the truth of the said allegation, and if it shall appear to be well founded, to take the necessary measures for causing every officer who shall have escaped from captivity in violation of his parole, to be returned within the enemy's lines, or to order the commissary of prisoners to account in his exchanges for all such officers, in such manner as is agreeable to practice and to the principles which have heretofore regulated exchanges between the two armies, and to report the names of such officers to the Board of War:
And it being further represented to Congress by the commissary of prisoners, that divers British officers, prisoners to these states, have violated their paroles:
Resolved, That the Commander in Chief be directed to require from Sir Henry Clinton, or officer commanding the British troops, the same degree of justice with respect to the British officers, prisoners to these United States, who have broken their parole, which this Congress have directed to be done on their part by the preceding resolution.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 33, folio 277.]
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A letter, of 6, from Major General Lincoln, was read; with a letter, of 30th December last, from Major General Howe, and sundry papers enclosed:1
[Note 1: 1 The letter of Lincoln is in the Papers of the Continental Congress, No. 158, folio 185; that of Howe is on folio 189.]
Ordered, that the same be referred to the Board of War.
The committee to whom was referred the information from the President, brought in a report, which was read.
Adjourned to 10 o'Clock to Morrow.
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