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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, JULY 14, 1779

Journals of the Continental Congress, 1774-1789
WEDNESDAY, JULY 14, 1779

Mr. Tench Francis was nominated for the office of cloathier general by Mr. Shippen.

A letter and memorial from J. Connolly, were read:

Ordered, That they be referred to the committee on a former memorial from him:

That two members be added to the said committee:

The members chosen, Mr. [William] Fleming, and Mr. [Frederick A.] Muhlenberg.

The Committee to whom sundry letters and memorials of John Connolly, now a prisoner in the new Jail of this city, were referred, having examined into the case of the said John Connlly, find that he is possessed of a commission signed by Lord Dunmore, and dated the fifth day of November, 1775, appointing him lieutenant colonel of a regiment called the Queen's rangers; and also a certificate signed H. Brooke, deputy superintendent general of the British forces, acknowledging lieutenant colonel Connolly's appointment, and that he had received his full subsistence to the 25th day of December, 1778;

Whereupon your committee beg leave to submit the following resolutions:

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Resolved, that lieutenant colonel John Connolly, now a prisoner in the new jail of this city, be considered as a prisoner of war, any former resolution of Congress to the contrary notwithstanding.

Resolved, that the said lieutenant colonel Connolly be admitted to his parole, that he forthwith repair to such place, and be confined to such limits as the Board of War shall judge proper.¹

[Note 1: 1 This report, in the writing of William Fleming, is in thePapers of the Continental Congress, No. 19, I, folio 589.]

The committee, to whom it was referred to prepare and report a further provision to be made for the officers of the army of the United States, brought in a report, which was read:

Ordered, That Friday next be assigned for taking the same into consideration.

The Board of War, to whom was referred the case of Herman Baron Zedwitz, brought in a report; Whereupon,

Resolved, That Herman Baron Zedwitz, formerly a lieutenant colonel in the service of these states, and who, for certain traiterous practices, was sentenced by a court martial to be confined during the war, be nevertheless, in consideration of his own unhappy condition, after a confinement of near three years, and the consequent distress of his wife and children, permitted to depart these states, together with his family, on giving his parole not to bear arms against the United States or their allies during the war; and that the Marine Committee be directed to provide a passage for them in a continental vessel to the West Indies, and furnish necessaries for the voyage thither, from whence they may return to their friends in Europe.²

[Note 2: 2 This report, dated July 13 (present, Pickering and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 513.]

Congress took into consideration a report of the Committee on the Treasury on the papers from the State and delegates of North Carolina, of the 14, 15, and 26 May last, and 2d of July instant; and thereupon,

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Ordered, That a warrant issue on the treasurer, in favour of the State of North Carolina, for one million dollars, for which the said State is to be accountable.

Mr. Eleazer McComb was nominated by the Board of Treasury to be appointed a commissioner of claims at the Board of Treasury.¹

[Note 1: 1 This report, dated July 9, is in thePapers of the Continental Congress, No. 136, III, folio 457. McComb was nominated by William Carmichael.]

A letter, of March 4, from R. Izard, was read.²

[Note 2: 2 This letter is printed in theDiplomatic Correspondence of the American Revolution (Wharton), III, 730.]

Mr. [Henry] Laurens, from the committee of the whole House, appointed to confer with the Minister Plenipotentiary of France, reports:

That in obedience to the order of Congress, the committee of the whole have conferred with the Minister Plenipotentiary of France, who introduced the conference by saying, that he had received some despatches from his Court, which he was ordered to communicate to Congress; but that he expected no answer: that, though it was not the usual practice to offer communications of this nature in writing, yet as it had been intimated to him by the President, that this mode would be most agreeable to Congress, he had committed the heads of them to paper, not as a memorial, but merely for the assistance of the memory, in a form to which the term "ad statum legendi" is appropriated by the usage of the courts of Europe: That in reading the said paper, he would take the liberty of making some explanations and reflections.

He then proceeded to read the paper herewith delivered, marked No 1, divided into seven articles; and at the close of each separate article, he added explanations and reflections, the substance of which the committee

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have endeavoured to recollect, and committed to writing in the paper marked No. 2.

contained in the Paper herewith also delivered, marked No. 2, and therein respectively referred to the 7 Articles of the first paper, by the figures, 1, 2, 3, 4, 5, 6, and 7.

After reading the first paper and making the explanations and reflections contained in the second, he delivered the first Paper into the hands of the chairman.

Your committee then observed to the Minister, that at a former Conference he intimated an Expectation, that the British Court would send over new Commissioners to negotiate with these States and to attempt seducing them into a separate Treaty; and as he had in the present Conference taken no notice of any such Design, desired to know, whether his silence on that subject proceeded from a persuasion in his Court, that the British Court had relinquished that Design. To which, the Minister replied, that his Court, having been silent on that head, he concluded that the new Commissioners would not be sent, but that any Negotiations for a pacification would be carried on under the Mediation of Spain.

The committee then taking notice of what the Minister had said concerning a tacit assurance of the independence of these states, and the reluctance of the king of Great Britain to make an express acknowledgment thereof, requested to know his sense concerning the manner in which such tacit assurance could be given.

To which he, premising that what he should now say ought to be considered only as his private sentiments, replied, That the British Court would probably

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endeavour to avoid an express acknowledgment by imitating precedents that had occurred in Europe on similar occasions, instancing the cases of the Swiss cantons, and of the United Provinces of Holland; that the mode adopted in the latter case had been for the archdukes, to whom the king of Spain had transferred his right of sovereignty, to treat with them "as with free and independent states." And that with respect to the said cantons, France had not been able to obtain more for them in the treaty of Münster than "a declaration that they should be in possession as of full liberty and exemption from the empire, and be, in no manner, subject to the jurisdiction thereof."that it appeared probable to him that a Declaration more full and explicit than this might be obtained for these States [But that, in his opinion, the circumstances of these states, and the manner in which they had conducted their opposition, would justify their expecting a more full declaration.]¹

[Note 1: 1 This report, in the writing of John Dickinson, is in thePapers of the Continental Congress, No. 25, I, folio 115. The words in brackets were inserted by Thomson.]

NO. I.Ad statum legendi
• 1. The king has approved all the overtures which were made by his Minister Plenipotentiary to the honourable Congress respecting the affairs of M. de Beaumarchais: Therefore a line ought to be drawn between the stores which this gentleman has been permitted to take out of the royal magazine, for which he has constituted himself debtor to the Department of the War, and between those articles which the same gentleman has bought in the way of common trade for the use of the United States.
• 2. A hint having been given to the Minister Plenipotentiary, that Congress desire to recruit their ships in France from the English prisoners there, the court in consequence of his representation is willing to facilitate this mode of recruiting seamen.

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• 3. The King and Ministry were extremely pleased with the resolution Congress has taken to maintain only one Minister Plenipotentiary at this court, as well as with the exclusive appointment of so steady and honest a man, and so firm and so tried a patriot as Dr. Franklin.
• 4. The Congress has given a very great satisfaction to the Court of France by the convenient and spirited step which was taken to disavow a certain ill-grounded and pernicious doctrine relating to the mutual obligation of the Allies to conclude no truce or peace without the knowledge and consent of each other. The Court of France is of opinion, that this doctrine could only be maintained by those men whose aim would be to seek, by any means, to weaken the ties of the alliance, and to create a disgust and diffidence between the Allies.
• 5. This Court has received with some surprise the intelligence, that Congress has published the treaties concluded with her, without the previous knowledge and consent of the interested party. It is not to be denied that such a proceeding is but little consistent with reason, and with the general practice of courts and nations. Nevertheless, this observation involves not any kind of reproach; but the King thinks, that so noble and so generous a system of politicks could but produce desirable effects by its publication.
• 6. The intelligence, that in the first month of last winter there were no adequate preparations made in America towards a vigorous and successful campaign, was received at Versailles with all the concern which the dangers of the United States, and the prolongation of the present contest, can create in the most friendly mind. The Court of France is fully of opinion, that the exertions of the United States are necessary to bring the common enemy to a proper sense of all the disappointments which he shall meet with.
• 7. This Court being very desirous to acquaint exactly Congress with the state of the affairs relating to the common cause, would not delay to inform this honourable body, that the Court of London showing on one side dispositions to a reconciliation with France, rejects on the other side the very idea of a formal and explicit acknowledgment of the independence of the United States, which his most Christian Majesty perseveres to hold up as a preliminary and essential condition. The behaviour of the

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  common enemy in this respect rendered a great deal more probable the conjecture which was communicated to Congress some time ago, that the point of honour and the pride of the King of England will be the greatest obstacle to the conclusion of the peace upon those explicit terms. And perhaps the manner of overcoming this difficulty will of course become the most decisive object of the deliberation of Congress, when this honourable body shall determine to make peace. It is presupposed whatevermezzo termine may be hit upon, that England shall treat with the United States as with a free people, and evacuate immediately all the territories belonging to them.

Philadelphia,July 12, 1779.

No. II. [The substance of what the Minister said at the conference in explanation of the several articles in the foregoing paper, marked "ad stature legendi," as reported by the Committee.]
• Art. 1. From the bills and accounts with which Congress have been furnished by M. de Beaumarchais, Congress would be enabled to distinguish those articles which were drawn from the royal magazines, and those which he supplied in the way of trade. For those last, Congress would, without doubt, make remittances to M. de Beaumarchais in their own way, to enable him to perform the contracts he had entered into as a merchant. That for the former articles, the King his master, taking upon himself to be creditor to the United States, would wait till Congress should find it convenient to make compensation.
• Art. 2. Though his Court had not resolved to retaliate upon the prisoners in their hands for injuries done to prisoners taken by the common enemy, yetconsidering the difficulty consequent with in manning their ships, owing partly to the measures pursued by that enemy in forcing American seamen to enter into the enemies service for the reasons assigned, the King his master had assented to the proposal. But in carrying this matter into execution, it would be proper to take such precautions, and to give such orders to the captains, or other persons employed in this business,that his Court would not be brought into any difficulties by granting this indulgence, that it might be managed with prudence.¹

  [Note 1: 1 These first two paragraphs are in the writing of of John Dickinson.]

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• Art. 3. There is every reason to believe that Congress will receive, very soon, proofs of the confidence which his Court was always willing to show to the servants of these states. The personal character of Dr. Franklin will enable the Court to act with a frankness becoming the alliance; and they will have no occasion to withhold any more the secrets which may interest the United States and the alliance.
• Art. 4. The King his master, after this explicit step, relies, with the highest confidence, upon the candour and faithfulness of Congress in understanding as well as in executing the treaty, and in rejecting every arbitrary and unilateral interpretation, or construction, which false, subtile, or designing men could contrive.

  Congress, by their own feelings, must be sensible, that such interpretations and constructions are always hurtful, against common decency and dignity, and may oftentimes endanger the mutual confidence, and, of course, the very existence of a treaty. But the sense Congress has manifested in this particular affair gives to his Court the greatest hopes that there shall be no further motive of remembering the painful reflections which that affair did give rise to.

• Art. 5. He begs leave to add, that this publication interfered with the situation of affairs in Europe, and was in a certain degree disadvantageous to the common cause, because it gave the common enemy a full knowledge of our system, and our mutual engagements, without procuring us any reason to guess at their views and resolutions. Happily these inconveniences have not been felt, and ample compensation has been operated by convincing the people of America, not only that the treaty was just and equal, but that the heavy task which France has taken upon her, was magnanimous, gratuitous, and without reward. The whole world was at the same time convinced, that war, conquest and ambition, were not the objects of the alliance, nor of any of the allies, but only the peaceable enjoyment of the sovereignty, liberty, security and independency of these States; and this conviction gave much honour, credit and consideration to the alliance.
• Art. 6. On this he observed, that he endeavoured, since the last fall, by order of his Court, to impress upon every mind, that England will never evacuate New York willingly, and could only

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  be brought, by proper exertions on the part of America, to think seriously of granting the independence. He believed Congress had adopted a system so conformable to their engagements, and to the situation of affairs. His Court was better informed than he was; but without reflecting on past events, the King hopes that his amicable apprehensions will be overcome by the success of the campaign; that henceforth the United States will follow the example given to them by his Majesty, and that they will exert themselves in their proper cause, as his Majesty does exert himself for their sake and in their cause which he has adopted.

• Art. 7. He said that he was authorized to tell Congress, in confidence, that this reflection is the result of the observations which the Court of Spain made upon the conduct of England throughout her negotiation of mediation. That the British ministry seems to be solicitous to be reconciled with France, and to hold up this negotiation; that from thence probable hopes of their internal disposition to peace may be entertained; but at the same time, they reject with haughtiness the formal acknowledgment of the independence insisted upon by France and Spain. New orders have been given to the Spanish ambassador at London to ascertain, as nearly as possible, those dispositions. In these circumstances the King his master ordered him to communicate this intelligence to the United States, that they may, if they think proper, take under consideration, if it would not be expedient to give to their Plenipotentiary instructions and full powers founded upon the necessity of the conjunctures and upon the treaty of alliance, the express and formal terms of which are, that peace shall not be made without an express or tacit acknowledgment of the sovereignty, and consequently anda fortiori, of the rights inherent to sovereignty as well as of the independence of the United States, in matters of government and of commerce.

This substantial alternative in an engagement which is a mere gratuitous gift without any compensation, or stipulation, ought indeed never to be forgotten in a negotiation for peace. France foresaw the extreme difficulties a formal and nominal acknowledgment should meet with. She knew by her own experience in similar contests in which she has been deeply concerned, respecting the republicks of Holland, Genoa, and the Swiss cantons, how tenacious and repugnant monarchs are to pronounce

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the humiliating formula. It was only obtained for Hollandtacitly, after a war of thirty years; and explicitly, after a resistance of seventy. To this day Genoa and the Swiss have obtained no renunciation, nor acknowledgment, either tacit, or formal, from their former sovereigns. But they enjoy their sovereignty and independence only under the guarantee of France. His Court thought it important to avoid, that difficulties of this nature, which reside merely in words, should delay or prevent America from enjoying the thing itself. From these considerations the very important and explicit stipulation in the treaty of alliance, which he related just now, arose, and hath received the sanction of the United States. The circumstances seem already such as call forth the application of this alternative, of tacit or explicit acknowledgment. Therefore all those considerations are delivered, that Congress may, if they think proper, consider if the literal execution of the treaty in this point is not become necessary, and if the safety and the happiness of the American people, as well as the essential principles of the alliance, are not intimately connected with the resolutions which may be taken on this matter. And it remains by the prudence of Congress to examine if instructions upon some particular conditions may not frustrate the salutary purposes of the treaty of alliance relating to a tacit acknowledgment which the situation of affairs may require. In executing thus, the orders he has received, he cannot omit observing, that these orders were given with the full presumption, that the business which he laid before Congress in February last would have been long ago settled when those despatches should come to his hands. However sensibly his Court will be disappointed in her expectations, he shall add nothing to the information and observations which with the warmest zeal for the mutual interest and honour [of both countries,] and by the dutiesof his office and his instructions, he found himself bound to deliver from time to time to Congress, in the course of this business. The apprehension of giving new matter to those who endeavour to inculpate Congress, is a new motive for him to remain silent. He begs only leave to remind this honourable body of the aforesaid information and reflections, and particularly of those which he had the honour to deliver to an assembly similar to the present. He shall only insist on a single point,

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which he established then and since in one of his memorials. It is, the manifest and striking necessity to enable Spain, by the determination of just and moderate terms, to press upon England with her good offices, and to bring her mediation to an issue, in order that we may know if we shall expect either war or peace. This step is looked upon in Europe as immediately necessary. It was the proper object of the message which he delivered in February last. He established then the strong reasons which may require, that at the same time and without delay, proper terms should be offered to his Catholick Majesty, in order to reconcile him perfectly with the American interest. He concealed not, that it was to be feared, that any condition inconsistent with the established system of the alliance, which is the binding and only law of the allies, and contrary to the line of conduct which Spain pursued in the course of her mediation, would lead her to drop the mediation, and prevent his Catholick Majesty, by motives of honour and of faithfulness, from joining in our common cause, and from completing the intended triumvirate. No loss, no unhappy event could be so heavy upon the alliance as this. Indeed although the British forces are already kept in check by the combined efforts of France and America, it is nevertheless evident that the accession of Spain only can give to the alliance a decided superiority adequate to our purposes, and free us from this fatal chance that a single unlucky event may overthrow the balance.¹

[Note 1: 1 This minute, in the writing of Henry Laurens, is in thePapers of the Continental Congress, No. 25, I, folio 123. The proceedings are entered only in the manuscript Secret Journal, Foreign Affairs,]

The report and papers therein referred to being read,

Ordered, That the same be taken into consideration on Thursday next.

Motion of Mr. [John] Dickinson, seconded by Mr. [William Henry] Drayton.

Resolved, that a Body ofthousand men be collected from the Militia of the States ofon theDay ofnext, at such places as the Commander in Chief shall think proper.

That as soon as the said Militia shall be in readiness to cooperate with the army, Congress immediately adjourn to the place where the

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Army shall be, and that the members shall respectively join the Militia, and act with them in such important operations as shall be judged most expedient for advancing the welfare of these States.¹

[Note 1: 1 This motion, in the writing of John Dickinson, is in thePapers of the Continental Congress, No. 36, I, folio 29. It is endorsed "July 14, 1779."]

Adjourned to 10 oClock to Morrow.

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