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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 --WEDNESDAY, MARCH 17, 1779
After reading the journal of yesterday, a motion was made by Mr. [Henry] Laurens and seconded by Mr. S[amuel] Adams,
That a member from Massachusetts bay be added to the Committee on Foreign Affairs, in the room of Mr. [Elbridge] Gerry:
After debate, it was moved by Mr. [James] Duane, and seconded by Mr. [Henry] Laurens, that the consideration of the motion under debate be postponed until Mr. [Elbridge] Gerry comes in, and on the question for postponing,
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the yeas and nays being required by Mr. G. Morris [William Henry] Drayton,
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So it was resolved in the affirmative.
On motion by Mr. S[amuel] Adams, seconded by Mr. [James] Duane,
Resolved, That the bill in favor of Captain Landais, be drawn on the Minister Plenipotentiary of the United States of America at the Court of France, and that the bills be drawn at ninety days sight.
A memorial from Jesse Brown was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of the 12, from W[illiam] Graham, and one of this day from B. Arnold, brigadier general, were read:1
[Note 1: 1 The letter of Graham is in the Papers of the Continental Congress, No. 78, X, folio 141; that of Arnold is in No. 162, folio 165.]
On motion by Mr. G[ouverneur] Morris, and seconded by Mr. [John] Witherspoon,
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Resolved, That a committee of three be appointed to prepare and report an account of such of the intelligence received lately from Europe as it may be proper to publish:
The members chosen, Mr. G[ouverneur] Morris, Mr. [John] Witherspoon, and Mr. [William Henry] Drayton.
The committee, to whom was referred the letter of the 25 January, from his excellency Jos. Reed, Esq. president of Pensylvania, and also the letter, of the 12 of February, from General Arnold, enclosing certain proceedings against him by the executive council of Pensylvania, brought in a report, which was read:
The Committee to whom was referred the letter, of the 25th January, from His Excellency Joseph Reed, Esqr. President of Pennsylvania; And also the letter, of the 12th of February, from General Arnold, enclosing certain proceedings against him by the executive Council of Pennsylvania, beg leave to report:
That your Committee find in the said proceedings eight specific charges against the said General numerically stated under the description of reasons, among which are included the charges contained in the said President's letter, which said proceedings are herewith delivered, to which your Committee beg leave to refer.
Your Committee are of opinion that the first second, third and fifth charges are offences, triable only in a Court Martial.
That the fourth charge is an offence of a civil nature, triable only in a common law court.
That the 6th, 7th and 8th charges are offences not triable by a Court Martial or common law court, nor subject to any other punishment than the displeasure of Congress and the consequences of it.
That the Executive Council of Pennsylvania on application, furnished your Committee with several depositions and other evidence on the 5th and 7th charges, which your Committee herewith deliver and beg leave to refer to.
That the said Executive Council tho repeatedly applied to by your Committee decline giving any evidence on the rest of the charges contained in the said proceedings; that several letters have passed between
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a Committee of the said Council and your Committee on the said subject, which are herewith delivered and to which your Committee beg leave to refer.
That your Committee after several fruitless applications to the said council for evidence, and after waiting for it near three weeks, resolved on the 3d instant to close their enquiries on the 5th; That the said Committee of Council and General Arnold were notified of it; That the said Committee were again prest to furnish the evidence by the time notified to them; That they still declined to do it; that on the 5th agreeable to their notification, your Committee closed their enquiries, after having received such testimony as the said General Arnold requested leave to give in vindication of himself, which said testimony is herewith delivered and to which your committee beg leave to refer.
On consideration of the said several charges and the whole evidence and testimony with which your Committee have been furnished, they report the following resolutions to wit:
Resolved, That with respect to the first and second charges contained in the proceedings of the said Executive Council, no evidence appears tending to prove the same, and that the said charges are fully explained and the appearances they carry of criminality fully obviated by clear unquestionable evidence.
Resolved, That with respect to the third charge, General Arnold having admitted it in the single case of a militia Serjeant, the same be transmitted to the Commander in Chief with the papers thereto relating, in order to be proceeded upon according to Martial law.
Resolved, That with respect to the fourth charge no evidence appears to prove the same, and that it is of a civil nature and friable only in a common law court.
Resolved, That with respect to the fifth charge the same be transmitted to the Commander in Chief, with the depositions and other evidence thereto relating, in order to be proceeded upon according to martial law.
Resolved, That with respect to the sixth charge the recommendatory letter on which it is founded is not within the spirit or meaning of the resolve of Congress referred to, and therefore neither a violation of the Resolve nor an usurpation of authority.
Resolved, That with respect to the 7th charge altho' the letter of General Arnold declining to give the satisfaction and information
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required by the Executive Council, is not exprest in terms of perfect civility, yet that it is not exprest in terms of indignity; that the after conduct of the said Executive Council towards the said General and the unexampled measures they took to obtain satisfaction, totally and absolutely preclude all right to concessions or acknowledgements.
Resolved, That with respect to the eighth charge no evidence appears to prove the same.1
[Note 1: 1 This report, in the writing of William Paca, is in the Papers of the Continental Congress, No. 19, I, folio 103. A copy was sent to General Arnold, who commented upon it in a letter to Washington, of April --, 1779. Washington Papers, Letters to Washington, 32, folio 110.]
Ordered, That the same be taken into consideration on Monday next.
The delegates for Pensylvania laid before Congress a letter directed to them, dated "In Assembly, March 17," and signed 6, "by order of the house" to the committee, Robert Morris, Joseph Gardner, John Smilie, Stephen Chambers, which was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 137, Appendix, folio 249.]
Ordered, That it be referred to the committee on the letter of the 4 from the speaker of the general assembly of Pensylvania to the delegates of that State in Congress.
A memorial of Alexander McNutt and others was read:3
[Note 3: 3 This memorial, dated March 15, is in the Papers of the Continental Congress, No. 41, VI, folio 121. It is also signed by Phineas Nevers and Samuel Rogers.]
Ordered, That it be referred to the committee of the whole on the report of the committee on communications, &c.
The committee appointed to confer with the Minister of France, according to order, reported the substance and result of their conference, which was read:
The Committee appointed to confer with the Minister of France, on the subjects of supplies for the fleet of his Most Christian Majesty, and of the rise of bills of exchange, beg leave to report to Congress the minutes of their conference which are hereunto annexed.
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Minutes of conference. 3 Feby., 1779.J[ames] D[uane] and Mr Hutson for Congress and the Minister of France.
Conference opened in behalf of Congress by the Committee.
First Subject. The State of the Country as to bread.
That on Ministers application Congress appointed a Committee to examine into the State of provisions.
On official information of Commissary General.
In conclusion we offered
Second Subject of Conference, on bills of Exchange. We represented:
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The Minister on first subject of conference:
He declares he is sensible of good Intentions of Congress, Entertains the highest confidence of them, Has received constant proofs. As to the flour he received repeated Offers and Promises of a Supply from the Marine Committee. Some delays in the delivery on former occasions. Seems to be apprehensive of Mismanagement in executive officers. Has had offers of a supply of 3000 bbls. in Penna., and other offers from the Southward. Refrained from accepting them lest it might embarrass Congress. Will not either ascertain the measure of his demand, or wish Congress to ascertain the measure of their Supply. Depends upon their doing all in their power to assist him. Is something relieved from accounts that the Count D'Estaing has rec'd. 60 sail of transports, under convoy of four ships of the Line from Europe. Will give orders for disposing of the 1000 Bbls. Flour.
Minister on second Subject of Conference:
Expresses his pleasure at the confidence Congress place in his disposition to serve these States. The rise of exchange had alarmed him, as he saw it would affect our paper money. He has frequently conferred on the subject with Mr Holker. Was surprized to find a disposition in our Capital Merchants to raise the exchange. Advised Mr Holker to draw sparingly. Did not think it proper unasked to give his sentiments to Congress, tho' he saw the necessity of some provision on the subject. Will do every thing consistent with prudence and justice. Wishes for a conference between Count D. commtee, himself and Mr Holker, who is a good Judge of this business. Can propose nothing decisively; but will give all his aid. His general remarks not to govern us, but the result upon further conference.
Upon this we agreed to meet tomorrow evening at 7 o C at the Minister's, with Mr Holker. Substantially the Conference.
Jas. Duane, Richard Hutson, Committee.
4th February
Committee and the Minister, attended by Mr Holker. A free conversation ensued without formality. The Minister repeated his good intentions.
Mr Holker wished to know how the flour delivered for his Most Christian Majesty's fleet would be charged, whether at the price at Boston, or the first costs and charge of carriage.
We replied that we were confident Congress were far from wishing to make profit on the supplies, and that the account would be settled on equitable and generous principles.
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The Minister enquired to what exchange Congress wished the Bills of Exchange to be restricted? We first mentioned between 8 and 900 per cent; afterwards declared that we believed it would give satisfaction if they could be limited at 900 per cent. Both the Minister and Mr Holker agreed that they would fix it on their bills at 900 per cent for the present, and if circumstances required an alteration, it should be previously mentioned to the Committee or Congress. We promised to give orders for collecting the accounts of supplies for the French Fleet, and Mr Holker promised to draw up a plan for disposing or negotiating the bills in such a way as best to answer the purposes intended.
Richard Hutson
Jas. Duane.1
[Note 1: 1 These minutes, in the writing of James Duane, are in the Papers of the Continental Congress, No. 25, I, folio 75.]
Ordered, To lie upon the table for the perusal of the members.
Congress was resolved into a Committee of the Whole, and after some time, the President resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported that the committee have had under their farther consideration the report of the committee on the communications from the Minister of France, and have come to sundry resolutions thereon, which he was ready to report.
The report from the Committee of the Whole being read,
That the thirteen united states are bounded North by a line drawn from the north west angle of the boundary of Nova Scotia along the highlands, which divide the rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic to Connecticut river, thence down that river to the 45th degree of north latitude, thence in that latitude to the river St. Lawrence, thence to the south end of the lake Nipissing and thence to the source of the Mississippi. West, by a line drawn along the middle of the river Mississippi from its source to that part of the said river which lies in latitude 31 degrees north from the equator, then by a line drawn due east to the river Apalachicola or Catahouche, thence to the junction thereof with the flint river, thence in a strait line to the head of St. Mary's river, and
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thence by a line along the middle of St. Mary's river to the Atlantic Ocean: East by a line drawn along the middle of the river St. John from its mouth to its source or by a line to be settled and adjusted between that part of the State of Massachusetts Bay formerly called the Province of Maine and the Province of Nova Scotia agreeably to their respective rights, comprehending all islands within twenty leagues of any part of the shores of the United States between lines drawn due East from the point, where their boundary lines between Nova Scotia on the one part, and Florida on the other part shall touch the Atlantic Ocean, Provided that if the line to be drawn from lake Nipissing to the head of the Mississippi cannot be obtained without continuing the war for that purpose then that a line or lines may be drawn more southerly so as not to be Southward of a line drawn in the 45th. degree of North latitude--so far as the western shore of lake Michigan, nor to the south of 46 degrees of north latitude beyond that lake and so as to reserve the free navigation of the lakes Huron, Michigan and Superior to the subjects of the United States.1
[Note 1: 1 This paragraph, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 36, III, folio 503.]
[Note 2: 2 On folio 493 is a paper in the writing of John Jay, which appears to be the first form of this paragraph. The differences are: For "common right" read "equal right"; for coasts, bays and banks of" read "coasts of", and for "continued unless", &c., read "continued, unless our Allies shall absolutely refuse and threaten to make a separate peace."]
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Ordered, That the consideration thereof be postponed till to morrow.
The Committee on the Treasury brought in a report, which was read; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Chiswell Barrett, for fifteen thousand dollars, in payment of a bill, of 12 instant, in his favour, drawn on the President of Congress by John Pierce, assistant paymaster to William Palfrey, Esq. paymaster general, who is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. [Eliphalet] Dyer and Mr. [Jesse] Root, delegates from the State of Connecticut, for six thousand dollars, on their application; the said State to be accountable.
That a warrant issue on the treasurer, in favour of Mr. [John] Witherspoon and Mr. [Frederick] Frelinghuysen, delegates from the State of New Jersey, for twelve hundred dollars, on their application, the said State to be accountable.
That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for one million of dollars, to be by him transmitted to John Pierce, assistant paymaster to William Palfrey, paymaster general, who is to be accountable.1
[Note 1: 1 This report, dated March 17, is in the Papers of the Continental Congress, No. 136, III, folio 181. The part postponed related to an issue of loan office certificates to Elias Boudinot. See under March 19, post.]
Resolved, That the remainder of the report be postponed.
Adjourned [to 10 o Clock to Morrow].
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