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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 --THURSDAY, JULY 22, 1779
Mr. J[oseph] Hewes, a delegate for North Carolina, attended, and took his seat in Congress.
After reading the journal of yesterday, a motion was made by Mr. [John] Penn, seconded by Mr. [William] Fleming, to reconsider the report of yesterday respecting the capture of the snowNostra Senhora del Carmel et Saint Antonio.
On which the yeas and nays being required by Mr. [Henry] Laurens,
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So it passed in the negative.
A petition of [Francis] the Chevalier de la Nos and others was read:
Ordered, That it be referred to the Marine Committee.
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A memorial of Pierre Eugene du Simitičre, was read:1
[Note 1: 1 The petition of La Nos, Jules Aime Le Moine, Chevalier de Neufville, Julien Bouchard, and Joseph du Tetre, dated July 21, is in thePapers of the Continental Congress, No. 41, VII, folio 33; that of Du Simitiāre, in No. 41, IX, folio 84.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [John] Dickinson, Mr. [William] Fleming, and Mr. [William Churchill] Houston.
A copy of a letter from Captain Barry, and of one from Captain John Young, to their owners, were laid before Congress, and read:
Ordered, That they be referred to the delegates of Delaware and Maryland, and that they take order thereon.
A representation of Lieutenant Colonel David Brearley, Jun. was read,2 setting forth, "that the State of New Jersey, to which he belongs, has lately appointed him chief justice of that State, an office important and honourable, but not lucrative, and have requested him in the strongest manner to retire from the army and enter upon the duties of that office: that he is determined to comply with their request; but is very desirous of holding his rank in the army without pay."
[Note 2: 2 This representation, dated July 21, is in thePapers of the Continental Congress, No. 43, folio 53.]
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Nathaniel] Peabody,
Resolved, That the desire of Lieutenant Colonel David Brearley, Jun. to hold his rank in the army, after he shall have accepted the office of chief justice to the State of New Jersey, cannot be complied with.
Mr. Edmund Randolph, a delegate from the State of Virginia, attended and produced the credentials of his appointment, which were read, as follows:
Virginia, to wit.
In General Assembly,
Friday the 18th, June, 1779.
Resolved, That Edmund Randolph, Gabriel Jones, James Mercer, and William Fitzhugh, Esquires, be appointed Delegates to represent
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this Commonwealth in General Congress, until the first Monday in November next, in the room of Francis Lightfoot Lee, Thomas Nelson, jun. Thomas Adams, and Richard Henry Lee, Esquires, who have resigned; they having been so elected by joint Ballot of both houses of Assembly.
Archibald Cary,S. S.
Benja. Harrison,Sp. H. D.1
[Note 1: 1 The original is in thePapers of the Continental Congress, Virginia,Credentials of Delegates. A second copy, signed by the Clerks of the respective Houses, is in the same volume.]
The Board of Treasury, to whom was referred the memorial of Francis Hopkinson, treasurer of loans, with power to take order thereon, brought in a report; Whereupon
Ordered, That a warrant issue on the treasurer, in favour of Francis Hopkinson, Esquire, treasurer of loans, for five thousand five hundred and three dollars and 30/90 of a dollar, in full of his salary as treasurer of loans, and the contingent expences of clerk hire, office rent, fire wood, candles and stationary, as treasurer of loans, and for the commissioners for destroying the bills taken out of circulation to the 27 of this instant, July, as settled by the Board of Treasury, agreeably to the order of Congress of the 13 instant.
Ordered, That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance for two millions, seven hundred and eighty seven thousand five hundred and fifty seven dollars and 60/90, to be by him transmitted to William Armistead, Esq. commissioner of the continental loan office in the State of Virginia, for the purpose of exchanging bills of the emissions of May 20, 1777, and April 11, 1778, for which he the said commissioner is to be accountable.2
[Note 2: 2 This report, dated July 20, is in thePapers of the Continental Congress, No. 136, III, folio 489.]
Whereas great numbers of the privates of the convention troops have deserted, and are daily deserting, and there is great reason to believe they are encouraged thereto by their officers:
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Resolved, That the Board of War be authorized at their discretion, to take effectual measures to prevent the desertion of the said troops.
Congress proceeded according to the order of the day to the consideration of the report on the letters from A. Lee, Esq. and the communications of the Minister Plenipotentiary of France, and some time being spent thereon,
Congress proceeded in the consideration of the subject under debate on the 17th; and on the question to agree to the amendment,
Resolved in the affirmative.
A motion was then made by Mr. [Thomas] Burke, seconded by Mr. [Meriwether] Smith, to strike out the words "without their unanimous consent."
And on the question, Shall those words stand, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Dickinson, to amend the proposition by adding, "Provided, that this resolution shall not impede "a treaty for concluding the present war."
On the question to agree to this amendment, the yeas and nays being required by Mr. [Thomas] Burke,
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So it passed in the negative.
A motion was then made by Mr. [Meriwether] Smith, seconded by Mr. [Thomas] Burke, to add, "Provided "this resolution shall not be binding on any, unless a "majority of the states in this union shall agree to make
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"peace with Great Britain, according to the terms of the "treaty of alliance with France."
On the question to agree to this amendment, the yeas and nays being required by Mr. [Meriwether] Smith,
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So it passed in the negative.
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On the question to agree to the proposition as amended, the yeas and nays being required by Mr. [James] Forbes,
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So it was resolved in the affirmative,
That the faith of Congress be pledged to the several states, that without their unanimous consent, no treaty of commerce shall be entered into, or any trade or commerce whatever carried on with Great Britain, without an explicit stipulation on her part not to molest or disturb the inhabitants of the United States of America in taking fish on the banks of Newfoundland and other fisheries in the American seas any where, excepting
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within the distance of three leagues of the shores of the territories remaining to Great Britain st the close of the war, if a nearer distance cannot be obtained by negotiation.1
[Note 1: 1 These proceedings were entered only in the manuscript Secret Journals, Foreign Affairs.]
Adjourned to 10 oClock to Morrow.
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