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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 --SATURDAY, APRIL 3, 1779


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
SATURDAY, APRIL 3, 1779

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A letter, of 31 March, from Mr. J. Beatty, commissary general of prisoners, was read, respecting the exchange of Lieutenant Hele:

Ordered, That it be referred to the committee on a former letter respecting the same subject.


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A letter, of 18 February, from Captain James Willing, was read:

Ordered, That it be referred to the Marine Committee.

A letter, of 16 January, from Major General Schuyler, was read, accompanied with sundry papers, respecting Captain Sumner:1

[Note 1: 1 Beatty's letter is in the Papers of the Continental Congress, No. 78, III, folio 305; that of Schuyler is in No. 153, III, folio 402.]

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

A letter, of 2, from S. Deane, was read.

On motion by Mr. [John] Penn and seconded by Mr. [John] Fell,

Resolved unanimously, That Congress will take into consideration the report of the Committee on Foreign Affairs, &c. on Tuesday next.

The Board of War, to whom was referred an extract of a letter from Major General Schuyler to Mr. [James] Duane, respecting commissions for the chiefs of the Oneidas and Tuscaroras, brought in a report which was taken into consideration: Whereupon,

Resolved, That 12 blank commissions be transmitted to the commissioners of Indian affairs for the northern department; and that they, or any two of them, be empowered to fill them up with the names of faithful chiefs of the Oneidas and Tuscaroras, giving them such ranks as the said commissioners shall judge they merit; the names and ranks to be by the commissioners reported to the Board of War.2

[Note 2: 2 This report, dated April 2 (present, Peters and Pickering), is in the Papers of the Continental Congress, No. 147, III, folio 173. The extract of Schuyler's letter is on folio 175.]

War Office, 2nd April, 1779.

The Board have been witnesses of the great diligence and attention of Colonel Fleury, Captains Walker, L'Enfant and Duponceaux, during the Baron Steuben's having been employed in forming the regulations of his Department. Notwithstanding the Baron's superior


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knowledge of the subject, there were subordinate assistances necessary, which were with great attention and labour afforded him by these gentlemen in the several branches assigned them. We have the honor to enclose the Baron's letter on that subject,1 and beg leave to report:

[Note 1: 1 This letter, dated March 30, is in the Papers of the Continental Congress, No. 147, III, folio 165.]

Colonel Fleury, Captains Walker, L'Enfant and Duponceaux, having resided at Philadelphia for several months past and assisted Baron Steuben in forming the regulations for the order and discipline of the troops of these States, which has subjected them to many extraordinary expences, in consideration thereof,

Resolved, That the following sums be allowed those gentlemen.

The Board of War report, that the committee appointed at York town to confer with Baron Steuben, having promised to report that Mons. l'Enfant should have the commission of captain of engineers, and no report having been made on that subject, the Board are of opinion,

That Mons. l'Enfant be appointed a captain in the corps of engineers in the service of the United States, to have rank from the 18th day of February, An. Dom. 1778.2

[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, III, folio 159.]

Resolved, That Congress agree to the said report.

Resolved, That the remainder of the report be postponed.

A letter, of this day, from T. Paine, was read:3

[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 55, folio 47.]

Ordered, To lie on the table.

The committee appointed to confer with the joint committee of the general assembly and council of Pensylvania, reported, that they have had a further conference,


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and that they, with the said joint committee, have agreed to two sets of resolutions, the one to be reported to Congress, and the other to the general assembly and council of Pensylvania, by the committees of those several bodies respectively:

The resolutions laid before Congress for consideration are as follow:

Resolved, That unanimity and harmony between the representatives of the United States in Congress assembled and each State individually, has been, under God, the happy means of our past success, and the only sure foundation whereon to rest our future hopes of terminating the contest with Great Britain with honor and advantage.1

[Note 1: 1 Thomson entered upon the Journals the resolutions to be laid before the general assembly and council of Pennsylvania, but struck them out. The resolutions contained this first paragraph, word for word, and the following additional paragraph: "Resolved, that this house entertain the most proper sentiments of veneration and esteem for the honorable the Continental Congress, reposing a perfect confidence in the wisdom and integrity of that honorable body, which it is the intention of this house to manifest on all occasions."]

Resolved, That Congress is highly sensible of the importance and services of the State of Pensylvania in the present contest, and regard with sincere concern and regret every event which may tend to lessen the mutual confidence and affection which has hitherto subsisted.

Resolved, That it is the full intention of Congress on all occasions, to manifest the same just and equal attention to the said State and authority of Pensylvania as to any other State in the union.

Resolved, That any disrespectful and indecent behaviour of any officers of any rank, under the appointment of Congress, to the civil authority of any State in the union, will be discountenanced and discouraged; and that a contrary behaviour will be considered as one of the surest means to recommend any officer to the favor and notice of Congress.


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Resolved, That the complaints against General Arnold be transmitted to his excellency the Commander in Chief, in order for trial; and that the same be duly notified to the executive council; and that they be requested to furnish the Commander in Chief with the evidence thereupon in their possession; and that all farther proceedings elsewhere cease, save the collecting and transmitting any further evidence thereupon to the Commander in Chief.1

[Note 1: 1 These resolutions, in the writing of Timothy Matlack, with a preamble in the writing of William Paca, are in the Papers of the Continental Congress, No. 20, II, folios 71, 75.]

Congress took into consideration the resolutions submitted to them:

On the question to agree to the first resolution, resolved in the affirmative.

On the question to agree to the second resolution, resolved in the affirmative.

On the question to agree to the third resolution, resolved in the affirmative.

On the question to agree to the fourth resolution, resolved in the affirmative.

The fifth resolution being read,

A motion was made by Mr. [John] Penn, and seconded by Mr. [Thomas] Burke,

That the consideration of the fifth resolution be postponed till Congress consider the report of the committee, on the letter of 25 January, from the president of the supreme executive council of Pensylvania, and the letters of 8 and 12 February from Major General Arnold.

On which the yeas and nays being required by Mr. R[ichard] H[enry] Lee,


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So it passed in the negative.

A motion was then made by Mr. [William] Paca, and seconded by Mr. S[amuel] Adams, in lieu of the first part as far as "possession," inclusive, to substitute as follows:

Resolved, That his Excellency Joseph Reed's letter to Congress of the 25 January, 1779, and General Arnold's letters of the 8th and 12 of February, and the resolves therein contained of the executive council of Pensylvania, be, with the evidence which hath been collected and reported by the committee on those letters, transmitted


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to the Commander in Chief; and that he be directed to appoint a court martial on the 1st, 2d, 3d, and 5th articles contained in the said resolves of the said executive council, the said articles only being cognizable by a court martial; and that the reference be notified to the supreme executive council, and they be requested to furnish the evidence to the court martial."1

[Note 1: 1 This motion, in the writing of William Paca, is in the Papers of the Continental Congress, No. 20, II, folio 65.]

A motion was made by Mr. [William] Ellery, and seconded by Mr. [Thomas] Burke, to amend the substitute proposed so as to read, "to appoint a court martial on such articles contained in the said resolves of the said executive council, as Congress shall judge to be cognizable by a court martial."2

[Note 2: 2 This amendment, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 20, II, folio 67.]

On which the yeas and nays being required by Mr. [William] Ellery,

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So it passed in the negative.

On the question to agree to the substitute, resolved in the affirmative.

A motion was then made byto strike out the words, "and that all proceedings," &c. to the end; and on the question, shall those words stand, passed in the negative.

On the question to agree to the resolution as amended: resolved in the affirmative.

Mr Burke, having in debate declared that the supreme executive Council of Pennsylvania had acted in a waspish, peevish and childish manner, was called to order and it was thereupon moved that the sense of the House should be taken whether the said declaration was consistent with order.1

[Note 1: 1 This motion, in the writing of Elbridge Gerry and moved by him, is in the Papers of the Continental Congress, No. 36, I, folio 17a. The date in the endorsement is illegible. The subsequent three lines are in the writing of John Jay.]

And the President being of opinion that Mr Burk was in order, an appeal was made to the House.

War Office, April 1, 1779.

The Board have considered the case of Monsr. Galvan, referred to them by Congress, and beg leave to inform,

That Mr. Galvan is a Captain in a regiment in the service of his Most Christian Majesty serving in the West Indies. His Commission is dated the 12th. June, 1778, and signed by Monsr De Sartine, Minister of Marine.

That he (Mr. Galvan) has served in a regiment raised in the State of South Carolina on Continental establishment in quality of 2nd Lieutenant, but left the same on being sent by the government of that State to France on the errand of obtaining supplies.


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That Monsr. Galvan is in the opinion of the Board a man of capacity, and well qualified to act in the character of a Sub Inspector: But as these Officers must be taken from the line and be of the rank of Lieutenant Colonels, and of whom there are a sufficient number, it seems impracticable to introduce him in that Station in this Quarter.

If the Battalions of Negroes are raised, there appears to be a necessity for a person of Monsr Galvan's abilities to act as inspector to these troops particularly, but subordinate to the Sub Inspector of the Department for the sake of uniformity in the discipline and service. But as the raising these corps depends upon contingencies, the Board cannot found a report with certainty on the subject, but have submitted to Congress the following resolution:

That the memorial of Monsr Galvan be transmitted to the Governor and Council of the State of South Carolina, who are hereby authorized to appoint, if they shall think proper, Mr Galvan to the Office of Sub Inspector to the Battalion of Negroes proposed to be raised in the Southern States, if that event should take place. If such appointment shall be made, Monsr Galvan to have the brevet rank of Lieutenant Colonel in the army of the United States such rank as the Governor and Council of South Carolina shall think most expedient for the service, and be subject to the orders of the Inspector General and the Sub Inspector of the Southern Army.

Adjourned to 10 oClock on Monday.

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