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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, MAY 18, 1779
A letter, of 11, from General Washington, was read,2 informing that Brigadier M'Intosh is desirous of serving in the southern army, as the war is now in the State to which he belongs; and therefore recommending him as a gentleman whose knowledge of service and of the country promises to render him useful; Whereupon,
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 152, VII, folio 307.]
Resolved, That Brigadier-General M'Intosh be permitted to repair to the southern army, and there act under the orders of the commanding officer in that department, until the farther orders of Congress or the Commander in Chief.
A memorial from Lieutenant [Michel Personne de] Guyon, was read:3
[Note 3: 3 This memorial, dated May 17, is in thePapers of the Continental Congress, No. 41, III, folio 447.]
Ordered, That it be referred to the Board of War, and that they be directed to give the memorialist a certificate that Laughlan McIntosh is a brigadier general in the army of the United States of America.
A letter, of 4, from Captain Joseph Olney, was read:
Ordered, That it be referred to the Marine Committee.
A letter, of 10, from J. Beatty, commissary general of prisoners, was read:
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Ordered, That it be referred to the Board of War.
A letter, of 14, from Brigadier Du Portail, was read.
Mr. [George] Plater laid before Congress a letter from Mr. J. [A.] Thomas, dated April 28, and representing great abuses, waste and neglect of public stores at the head of Elk.1
[Note 1: 1 Beatty's letter is in thePapers of the Continental Congress, No. 78, III, folio 313; that of Du Portail, in No. 164, folio 346; that of Thomas, in No. 78, XXII, folio 625.]
Ordered, That it be referred to the committee on the commissary and quartermaster's department, and that they be directed to enquire into the facts mentioned in it at public expence; and if true, to transmit the same to the Commander in Chief, that a court martial for the trial of the delinquents may be immediately appointed.
A letter, of 12, from S. Deane, was read:
Ordered, That on Thursday next, immediately after reading the journal, Congress proceed to the consideration of the report of the committee on foreign affairs.
A petition of Robert Lynn, a memorial from Captain Paul Schott, a petition from the non commissioned officers and privates of Captain [Simon] Spaulding's company; and a letter, of 15th, from Colonel Procter, were read:2
[Note 2: 2 The Lynn petition, dated May 15, is in thePapers of the Continental Congress, No. 42, IV, folio 190; the Schott memorial, dated April 30, in No. 41, IX, folio 76; the soldiers' petition, in No. 42, VI, folio 29; and Proctor's letter in No. 58, folio 267.]
Ordered, That they be referred to the Board of War.
A letter, of 11, from P. Scull, secretary of the Board of War, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 16, from G. Morgan, agent for Indian affairs in the western district, was read,3 accompanied with the Indians speech to General Washington, and the General's answer:
[Note 3: 3 This letter is in thePapers of the Continental Congress No. 163, folio 341.]
Ordered, That the letter be referred to the Committee on Indian Affairs.
A memorial from Joachim [de] Luca, subject of his Catholic Majesty, master of the shipSt. Francisco de Paula alsEl
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Valenciano, captured by the shipPilgrim, [Captain] Hugh Hill, and carried into the State of Massachusetts bay; also
A memorial from Joseph de Llano, a Spaniard, master of the shipHoly Martyrs, captured by the schoonerSuccess, Captain Philip Trask, and carried into Massachusetts bay; were read:
Ordered, That the said memorials, with the papers accompanying them, be referred to the Committee on Appeals.
A paper signed Leonard Albouy and Joseph Basden, was read;1 Whereupon,
[Note 1: 1 Luca's memorial, dated April 26, is in thePapers of the Continental Congress, No. 41, V, folio 200; that of Llano, of the same date, on folio 204; that of Albouy, in No. 78, I, folio 253.]
The committee, to whom were referred sundry letters from Leonard Albouy and others, report,
"That being convinced, from a variety of concurrent testimony and circumstances, the distresses of the Bermudians are not exaggerated, and that any provisions which may arrive at their islands, will be faithfully and entirely applied to their use; having also collected a number of important vouchers in proof of their warm attachment to these states, and being moreover assured by the Minister of France, that his court will cordially acquiesce in any measures which the policy of Congress may adopt in behalf of those suffering islanders, they are of opinion that, notwithstanding the resolution of inexpediency of the 7th instant some mode of immediate relief to that distressed people ought to be adopted, and therefore do earnestly recommend the following resolution:
"Resolved, That it be recommended to the executive powers of the states of Pensylvania, Delaware, Maryland, Virginia, and North Carolina, respectively, to permit 1000 bushels of Indian corn, to be exported from each of the said states, for the relief of the distressed inhabitants of those islands; and that it be required of the captains of any vessels on board which the said corn shall be laden, to return to the
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respective executive powers aforesaid, certificates of the delivery and faithful appropriation of the said provision, under the signature of at least two of the principal inhabitants of the said islands:"1
[Note 1: 1 This report, in the writing of Nathaniel Scudder, is in thePapers of the Continental Congress, No. 78, I, folio 265. On folio 263 is a proposed amendment, in the writing of John Jay, referred to this committee:
"Resolved, That the inhabitants of Bermuda be permitted to purchase in and export from the State of South Carolina, five hundred Barrels of Rice, to be divided into five Cargoes of one hundred Barrels each, to be shipped in succession in manner following; none of the said Cargoes shall be laden on board any Vessel, until the Master shall produce a letter of Recommendation from, or any two of them, Inhabitants of Bermuda, to the Governor of South Carolina. The second Cargo not to be shipped until Advice be received by the said Governor from the, or any two of them, of the arrival of the first, and so on with respect to the other Cargoes."]
A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Penn, to strike out the words, "and North Carolina;" and on the question, shall those words stand,
The yeas and nays being required by Mr. [Thomas] Burke,
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So it was resolved in the affirmative.
On the question to agree to the report, the yeas and nays being required by Mr. [John] Penn,
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So it was resolved in the affirmative.
Mr. [Meriwether] Smith then arose, and with the leave of the House, read in his place a paper in answer to the paper delivered in by Mr. [Henry] Laurens, in which he repeats his request, "that Congress will explicitly declare whether it be their opinion that the motion which he made on Friday was full of dangerous consequences, derogatory to the honor and dignity of Congress, and alarming to the free and independent citizens of these United States; and hopes that Congress, having indulged Mr. [Henry] Laurens with entering his address upon the journals, will do him equal justice, and allow him the same indulgence by entering his address upon the journal of Congress:
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The motion being seconded by Mr. [John] Penn,
On the question, shall Mr. [Meriwether] Smith's address be entered on the journal,
The yeas and nays being required by Mr. [Meriwether] Smith,
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So it passed in the negative.
Tuesday, 18th May, 1779.
Mr. President,
It gives me real Concern to find that Mr. Laurens a Delegate from the State of South Carolina, considers the Motion I made on Friday last as anAttempt "irregular, unprecedented and full of dangerous Consequences, derogatory to the Honor and Dignity of Congress, and alarming to the free and independent citizens of these united States."
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I conceive it to be the Duty of every Member of Congress to receive Information, and to communicate it to Congress, of the Venality, Peculation and Fraud of any of its Members, or of other Persons employed in the public Service. If the Information leads to the Investigation of Truth, it is worthy of Notice and should be attended to. The Contents of the Letter alluded to in the Information I gave, the Manner in which it was published and the Probability that a letter directed to the Governor of Georgia might have fallen into the Hands of the Enemy, in Georgia, did, in my opinion, require the Attention of Congress and of all the free and independent Citizens of these united States, since the Honor of the one and the Interest of the other demanded the an Inquiry concerning the Truth of the Contents. The Publisher in this Instance could not be called upon to justify the Publication, either by Congress or Mr. Laurens, because he was not within the Line of their Power: But Mr. Laurens might have refuted the Publication by a bare Denial of the Authenticity of the Letter; which Justice to Congress and his own Honor required if the Letter published was not genuine. In my Opinion, therefore, there was no Impropriety in the Motion for demanding of Mr. Laurens whether he had written the Letter of which that Publication was said to be a Copy. I am sure the demandingof a Person whether he was theAuthor of a Letter published ina Newspaper was not unprecedented even in this House. But Mr. Laurens could not be compelled to give Evidence against himself, or even to answer the Question. A Regard to Truth and his own Honor were the only Consideration which could oblige him to answer any Question. The Motion, therefore, could not be "full of dangerous Consequences," nor could it be "alarming to the free and independent Citizens of these united States", unless Mr. Laurens and the free and independent Citizens of these united States should be of Opinion that Truth and Honor ought not to influence the Conduct of Men. If Mr. Laurens has discovered those scenes of Venality, Peculation, and Fraud, which are mentioned in the Letter alluded to, or if he was warranted to say what is therein expressed, he oughtindeed to have rejoiced that an Opportunity was given him to unfold them, and thereby to have been instrumental in bringing to punishment the Authors of such Mischiefs to the Public. But, Mr. Laurens has charged me openly in Congress, with having attempted what was "irregular, unprecedented and full of dangerous Consequences, derogatory to the Honor and
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Dignity of Congress, and alarming to the free and independent Citizens of these United States." And he has said that he rejoices "at the Wisdom displayed by Congress inoverruling the Attempt." This Charge is contained in a written Paper, which he read in his Place and desired might be entered upon the Journals of Congress. It hath been received, and is entered upon the Journal, by order of Congress. Without calling upon Congress for that Protection againstpersonal Insult to which every Member is intitled, whilst he is performing his Duty in this House, and a consequent Reparation of the Breach of Privilege; I demanded of Congress the Justice due to my Honor, that the sense of Congress might be expressed whether the Motion I had made was of such a Nature as Mr. Laurens had declared; and I thought myself intitled to satisfaction on this Point; as Congress had received theimplied Thanks of Mr. Laurens for the Wisdom displayed inover-ruling theAttempt. Congress has not been pleased to answer the Question; but hath adopted a Resolution, which, in my Opinion, countenances the Charge; as it apologizes for having admitted the Declaration to Record, and leaves it in full Force against me--a Mode of Proceeding, which, if it shall be conclusive in this case, I fear, will impeach the Candor if not the Justice of Congress. I therefore, as well out of Regard to the Dignity of Congress as to my own Honor, repeat my Request that Congress will explicitly declare whether it be their Opinion that the Motion which I made on Friday last was "full of dangerous Consequences, derogatory to the Honor and Dignity of Congress and alarming to the free and independent Citizens of these united States." And having indulged Mr. Laurens with entering his Address upon the Journals of Congress, I hope Congress will allow me equal Justice, and allow me the same Indulgence, by entering this Address upon the Journal of Congress.
Meriwether Smith.1
[Note 1: 1 This paper, in the writing of Meriwether Smith, is in thePapers of the Continental Congress, No. 78, XX, folio 401.]
Adjourned to 10 oClock to Morrow.
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