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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, JUNE 19, 1779.

Journals of the Continental Congress, 1774-1789
SATURDAY, JUNE 19, 1779.

A letter, of 12, from J. Wadsworth, and one, of 14, from Major General Greene, were read.

A letter, of 14, from J. Lawrance, judge advocate general, was read:¹

[Note 1: 1 The letter of Wadsworth is in thePapers of the Continental Congress, No. 78, XXIV, folio 49; that of Greene, in No. 155, I, folio 135; that of Lawrance, in No. 78, XIV, folio 263.]

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

A representation from John Garcia Duarti was read,¹ enclosing an invoice of the cargo and effects on board the snowNostra Seigniora de Carmo and Santo Antonio:

[Note 1: 1 This representation is in thePapers of the Continental Congress, No. 44, folio 77.]

Ordered, That it be referred to a committee of three:

The members chosen, Mr. [James] Lovell, Mr. [William] Ellery, and Mr. [William Henry] Drayton.

Congress proceeded to the consideration of the report of the committee on the letters from A. Lee, Esq. and some time being spent thereon,

Congress resumed the consideration of the report on the communications, &c, when the following resolutions were moved by Mr. [Elbridge] Gerry, seconded by Mr. [William] Ellery,

• 1. That it is essential to the welfare of these United States that the inhabitants thereof, at the expiration of the war, should continue to enjoy the free and undisturbed exercise of their common right to fish on the banks of Newfoundland, and the other fishing banks and seas of North America, preserving inviolate the treaties between France and the said states.
• 2. That an explanatory article be prepared and sent to our minister plenipotentiary at the court of Versailles, to be by him presented to his most Christian Majesty, whereby the said common right to the fisheries shall be more explicitly guarantied to the inhabitants of these states than it already is by the treaties aforesaid.
• 3. That in the treaty of peace with Great Britain a stipulation be made, on their part, not to disturb the inhabitants of these states in the free exercise of their common right to the fisheries aforesaid; and that a reciprocal engagement be made on the part of the United States.

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• 4. That the faith of Congress be pledged to the several states, that, without their unanimous consent, no treaty of commerce shall be formed with Great Britain previous to such stipulation.
• 5. That if the explanatory article should not be ratified by his most Christian Majesty, nor the stipulation aforesaid be adopted by Great Britain, the minister conducting this business shall give notice thereof to Congress, and not sign any treaty of peace until their pleasure be known.¹

  [Note 1: 1 This motion, in the writing of Elbridge Gerry, is in thePapers of the Continental Congress, No. 25, I, folio 451.]

The first proposition being read, a motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [William Henry] Drayton, to amend it by striking out certain words and inserting others, so that it read, "That it "would be very injurious to these United States, and "the inhabitants thereof, at the expiration of the war, "not to enjoy the free," &c.

On the question, Shall the words, moved to be struck out, stand, the yeas and nays being required by Mr. [William] Ellery,

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So it was resolved in the affirmative.

A motion was then made by Mr. [Gouverneur] Morris, seconded by Mr. [Meriwether] Smith, that the farther consideration of the first proposition be postponed. On which, the yeas and nays being required by Mr. [Elbridge] Gerry,

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So it passed in the negative.

A motion was then made by Mr. [Thomas] Burke, seconded by Mr. [James] Duane, after the words "seas "of North America," to insert, "within the restrictions "of the law and custom of nations for preventing "contraband." And on the question, Shall those words be inserted, the yeas and nays being required by Mr. [John] Jay,

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So it passed in the negative.

A motion was made by Mr. [Gouverneur] Morris, seconded by Mr. [Thomas] M'Kean, to strike out the words "preserving inviolate the treaties between France "and the United States."¹

[Note 1: 1 These proceedings were entered only in the manuscript Secret Journals, Foreign Affairs.]

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The Committee on Indian Affairs, to whom were referred a letter from General Schuyler of the 30th of May, and a letter from James Deane of the 20th of May, beg leave to report the following resolution:

Resolved, That the Commissioners for Indian Affairs for the Northern Department, in concurrence with the Commander in Chief, be authorised to exchange, or release, the Onondaga and the other Indian Prisoners of the Six Nations, on such terms as they shall judge for the advantage of the United States: And whereas, after repeated acts of unprovoked Hostility and depredation upon the Frontiers of these United States, the Six Nations were assured at several Treaties held by the Commissioners of Congress at Albany, Johnstown and the German Flatts that ample satisfaction should be exacted for future offences; and several of the said Tribes having nevertheless in violation of these solemn Treaties and engagements, joined our enemies and destroyed a number of our citizens and plundered their substance and particularly laid waste the Settlements of Cherry Valley, Cattes Kill the German Flatts, Hendersonton and Springfield in the state of New York and obliged the militia of the said State to undergo constant military duty to protect their remaining frontiers:

And whereas some of the said Tribes have sued for peace and forgiveness, and it is probable from the present operations that the rest may be induced to the same temper: and experience having shewn that a further security than verbal engagements is necessary to hold the said nations to their Treaties, and restrain them from wanton bloodshed and devastation:

Resolved, therefore, that the Commissioners of Indian Affairs for the Northern Department, in concurrence with the Commander in Chief, and the executive authority of the State of New York, be directed and authorized on a pacification with the Six Nations, or any one of them, to insist upon and obtain such satisfaction for past and such security against future injuries and depradations as they shall judge reasonable and expedient.¹

[Note 1: 1 This report, in the writing of James Duane, is in thePapers of the Continental Congress, No. 166, folio 453. It is endorsed as presented June 20.]

Adjourned to 10 oClock on Monday.

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