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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, FEBRUARY 23, 1779
The delegate of Delaware [Thomas McKean] laid before Congress sundry resolutions passed by the council of that State, January 23, 1779, respecting the articles of confederation and perpetual union, and concurred in by the house of assembly, January 28, 1779, previous to their passing a law to empower their delegates to sign and ratify the said articles of confederation and perpetual union.1
[Note 1: 1 These resolutions are in the Papers of the Continental Congress, No. 70, folio 699.]
On which it was moved, that the same be filed: to which it was moved in amendment to add "provided that it shall never be considered as admitting any claim by the same set up or intended to be set up."
On this amendment the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the affirmative.
On the question, Resolved, That the paper laid before Congress by the delegate from Delaware and read, be filed; provided that it shall never be considered as admitting any claim by the same set up or intended to be set up.
A letter, of 20, from T. Johnson, governor of Maryland;1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 70, folio 313.]
And one, of 31 January, from Pierre Regnier de Roussi, lieutenant colonel 4 New York regiment, were read:
Ordered, That they be referred to the Board of War.
A letter from S. Deane was read:2
[Note 2: 2 This letter, dated February 22, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 57.]
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Ordered, That it be referred to the committee of thirteen on foreign affairs, and that the said committee be empowered to send for persons and papers.
A memorial from Colonel Malmedi was read, enclosing a testimonial in his favour by General Washington:
Ordered, That it be referred to the Board of War.
A letter, of 4, from W. Greene, governor of Rhode Island, &c. was read.1
[Note 1: 1 Malmedy's memorial is in the Papers of the Continental Congress, No, 41, VI, folio 117; the letter of Greene, in 64, folio 424.]
The Committee on the Treasury brought in a report: Whereupon,
Resolved, That the following persons, nominated by the Board of Treasury, be appointed signers of bills of credit of the United States, namely, Nathaniel Donnell, Robert Roberts, son of John Roberts, surveyor, Jedediah Snowden, Samuel Lyon, Joseph Carleton, Joshua Coit, John Nicholson, William Ramsey, Cornelius Comegys, Moses Nicholson, Young, Belcher Peartree Smith, George Bond, Thomas Edison, William Gamble, Joseph Watkins, Isaac Gray, Lodowick Sprogell, Robert Mullen, John Lawrence, John Leacock, Samuel Wetherill, Jun. Joseph Kerr, Luson Simmons, William Stretch, Thomas Nevill, Paul Cox, James Dundas and Robert Cather.2
[Note 2: 2 This report, dated February 23, is in the Papers of the Continental Congress, No. 136, III, folio 115.]
Congress resumed the consideration [of the report] of the Board of War of 22 January; Whereupon,
At a Board of War, January 22nd., 1779.
Present, Mr. Root, Mr. Pickering, and Mr. Peters.
The Board have taken into consideration the memorial of Monsieur De Maulcon referred to them by Congress, and beg leave to report:
That they know of no way of providing for Captain Mauleon but by promoting him to the majority of General Pulaski's legion, which place they have no doubt of his filling with much reputation, as he is recommended to the Board and appears to be an Officer of great merit.
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But General Pulaski has made choice of a Monsieur Verney, who is also an Officer of merit, and (both having come over with the Marquis de Brittannie)are in similar circumstances as to their sufferings by imprisonment with the enemy; but Monsieur Verney's expences are borne by the marquis, and Monsieur De Maulcon came over at his own expence, which with the losses he has sustained amount to a considerable sum. The Board would choose to recommend Mons. De Mauleon. General Pulaski is desirous of having Monsieur Verney. Therefore the matter is stated specially for Congress to determine. They beg leave to submit the following imperfect resolve, that Congress may direct the filling it up with the name most agreeable to them.
That Monsr.be appointed major in General Pulaski's Legion, to take rank as such from the time of Major Montfort's resignation.
If Congress appoint Monsieur de Mauleon, there will be no necessity for the following resolution; but if not,
Resolved, That Monsieur de Mauleon (who came over at his own expence to serve in America, and being captivated by the enemy, suffered great losses, and also underwent great Hardships) be allowed the sum of, as a compensation for his losses and to enable him to return to Europe, as no employment can be given him in the service of these States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, III, folio 17.]
Resolved, That Mons. Verne be appointed major in Brigadier General Pulaski's legion.
The committee to whom were referred the letters from A. Lee, Esq. and the communications of the Minister Plenipotentiary of France, in his memorial of the 9th and in the private audience on the 15, brought in a report, which was read:
That upon consideration of all the matters referred to your committee, they are of opinion, that his Catholick Majesty is disposed to enter into an alliance with the United States of America.
That he hath manifested this disposition in a decisive declaration lately made to the court of Great Britain.
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That in consequence of such declaration the independence of these United States must be finally acknowledged by Great Britain; and immediately thereon a negotiation for peace will be set on foot between the powers of France, Great Britain, and these United States, under the mediation of his Catholick Majesty: Or,
That Spain will take part in the war, and his Catholick Majesty will unite his force with the most Christian King and the United States.
That in the event of a negotiation for peace, your committee, pursuant to the declaration of Congress, that they would not make, nor even treat of peace, until the independence of these United States should be acknowledged, or all the forces of their enemy withdrawn, pursuant to the guarantee of his most Christian Majesty by the treaty of alliance eventual and defensive, made and subsisting between him and these United States, and pursuant to the rights of those United States as sovereign and independent they assume it, first, as a ground and preliminary, that, previous to any treaty, or negotiation for peace, the liberty, sovereignty, and independence, absolute and unlimited, of these United States, [as well in matters of government as of commerce,]1 shall be acknowledged on the part of Great Britain. And if the same shall be done, your committee are of opinion that the ministers of these United States ought, on the part of the said states, to assist at, and contract and stipulate in such negotiation for peace as may be set on foot under the mediation of his Catholick Majesty.
[Note 1: 1 Words in brackets were inserted by John Jay.]
That in order to be in readiness for such event, the said ministers ought to be instructed by Congress in the several following particulars, to wit:
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On the first head your committee are of opinion, that the following articles are absolutely necessary for the safety and independence of the United States, and therefore ought to be insisted on as the ultimatum of these states:
Northerly by the ancient limits of Canada, as contended for by Great Britain, running from Nova Scotia, south-westerly, west, and north-westerly, to lake Nepissing, thence a west line to the Mississippi;1 easterly by the boundary settled between Massachusetts and Nova Scotia; southerly by the boundary settled between Georgia and East and West Florida; and westerly by the river Mississippi.2
[Note 1: 1 In the original report Thomson wrote over this phrase the alternative: "to the western boundary of the United States."]
[Note 2: 2 Against this pargraph is written: "Amendt. to the whole, postponed."]
[Note 3: 3 Against this paragraph is written: "Proposed amendmt. to the whole."]
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On the second head, your committee are of opinion,
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Your committee are further of opinion, that no truce ought to be agreed to on the part of the United States. That a cessation of hostilities, during the negotiation, may be admitted, in case all the force of the enemy shall be withdrawn from every Agreed post and place within the limits of the United States. That no exclusive privilege of commerce be allowed to Great Britain with the United States. And that all claims, not in the instructions mentioned, may be ceded, exchanged, or retained, as the circumstances of the negotiation may require.
In the event of a continuance of the war, and an alliance with Spain, your committee are of Agreed opinion that a subsidy should, if possible, be obtained from the court of Madrid on the following stipulations:
That his Catholick Majesty shall pay to the United States in such convenient manner as shall be agreed on a sum not less thanand the farther sum ofyearly, during the continuance Agreed of the war between the United States and Great Britain, and for a term not less thanyears, after the determination thereof; or, if that cannot be obtained, then a sum not less thanyearly, during the term aforesaid.
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That, in consideration thereof, the United States shall hold in readiness a well appointed force, not exceeding six thousand effective infantry, with all camp and marching requisites, with suitable arms, artillery, and other equipments for war, to be employed in conquering the Floridas.
That the said countries, when conquered, shall be ceded and guarantied to his Catholick Majesty and the possession and sovereignty thereof forever guaranteed by the United States; reserving always the free navigation of the river Mississippi to Agreed the subjects of the United States, as well as to the subjects of his Catholick Majesty, if possible, in the fullest extent of egress and ingress. But, if this cannot be obtained, then that a port be reserved for the delivery and sale, purchase and lading of all commodities, excepting such articles as shall be particularly enumerated.
Your committee are also of opinion, that the ministers of these United States should be instructed and empowered to stipulate and contract for the delivery of masts for the royal navy of Spain at some convenient port or ports of the United States.1
[Note 1: 1 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 25, I, folio 71. It was inscribed only in the manuscript Secret Journal, Foreign Affairs.]
The above report being read,
Ordered, To lie on the table for the consideration of the members, and that it be taken up on Thursday next.
Resolved, That on Thursday next Congress be resolved into a Committee of the Whole to take into consideration the foregoing report.
Adjourned to 10 o'Clock to Morrow.
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