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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, AUGUST 4, 1779


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

Journals of the Continental Congress, 1774-1789
WEDNESDAY, AUGUST 4, 1779

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A letter, of 28 July, from Joseph Dashiell, was read:

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

A letter, of 4th, from Daniel S. [J.] Adams, was read, enclosing an account:

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

A letter, of 29 July, from General Washington, was read.

A letter, of 25 July, from Major General Gates, was read, enclosing sundry papers from No. 1 to 14:1

[Note 1: 1 Dashiell's letter is in thePapers of the Continental Congress, No. 78, VII, folio 251; that of Adams, in No. 78, I, folio 295; that of Washington, in No. 152, VII, folio 455; that of Gates, in No, 154, II, folio 140,]

Ordered, That the letter from Brigadier General Glover to Major General Gates, dated New Haven, June 18, 1779, being one of the papers enclosed, marked No. 8, be referred to the Committee of Intelligence, and that the letter with the other papers enclosed be referred to the Board of War.

The committee to whom was referred the memorial of the Minister Plenipotentiary of France, relative to the shipMary and Elizabeth's cargo, brought in a report, which was read; Whereupon,

Resolved, That Congress do not entertain any suspicion that Mr. Holker, agent of the marine of his most Christian Majesty, had any participation in, or knowledge of the shipping of provisions on private account on board vessels despatched in the name of his most Christian Majesty.

Resolved, That frauds by masters and shippers are offences against the municipal laws, and are to be investigated by the magistrates of the states respectively.

The Committee on the Treasury brought in a report; Whereupon,

Ordered, That a warrant issue on the treasurer, in favour of William Young, steward to the President of Congress, for


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five thousand dollars, for which the said steward is to be accountable.1

[Note 1: 1 This report, dated July 29, is in thePapers of the Continental Congress, No. 136, III, folio 501. A second report, dated August 4, containing the item on Young, is on folio 511.]

That a warrant issue on the treasurer, in favour of David C. Claypole, for six thousand three hundred and seventy three dollars, in full of the ballance due to him for printing, from May 4, to July 9th, inclusive, as reported by the commissioners of claims.2

[Note 2: 2 The report of the Chamber of Accounts, dated August 4, confirming the account, is in thePapers of the Continental Congress, No. 136, III, folio 517.]

That a warrant issue on the treasurer, in favour of Mr. J[ohn] Collins, one of the delegates of Rhode island, on his application for two thousand dollars; for which the said State is to be accountable.3

[Note 3: 3 This report is in thePapers of the Continental Congress, No. 136, III, folio 501.]

Ordered, That Mr. [John] Henry have leave of absence.

The committee, to whom were referred the letters from A Lee, Esq. and the communications of the Minister plenipotentiary of France, in his memorial of the 9th, and in the private audience of the 15 February, brought in a report; Whereupon,

Resolved, That previous to any treaty or negotiation for peace, the liberty, sovereignty and independence absolute and unlimited of these United States, as well in matters of government as of commerce, shall be assured on the part of Great Britain, agreeable to the eighth article of the Treaty of Alliance between his most Christian Majesty and these United States. And if the same shall be done,

Resolved, That the minister or ministers of these United States assist at, and contract and stipulate in, such negotiation for peace as may be set on foot under the mediation of his Catholic Majesty, or otherwise.

That in the negotiations the following ultimatum be insisted on:

Resolved, That a cessation of hostilities during the negotiation may be agreed to, but not without the consent of our ally, nor unless it shall be previously stipulated that all the forces of the enemy shall be immediately withdrawn from the United States.

Resolved, That it is essential to the welfare of all 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.

Resolved, That an explanatory article be prepared and sent to our minister plenipotentiary at the court of Versailles, to be by


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him presented to his most Christian Majesty, whereby the said common right to the fisheries shall be more explicitly guaranteed to the inhabitants of these States than it already is by the treaties aforesaid.

Resolved, That the faith of Congress be pledged to the several states that without their unanimous consent, no treaty of commerce shall be entered into, nor any trade or commerce whatsoever 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 within the distance of three leagues of the shores of the territories remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation.

Resolved, That if after a treaty of peace with Great Britain, she shall molest the citizens or inhabitants of any of the United States in taking fish on the banks and places described in the last foregoing resolution, such molestation being, in the opinion of Congress, a direct violation and breach of the peace, shall be a common cause of the said States, and the force of the union be exerted to obtain redress for the parties injured.

The committee appointed to prepare a commission for the minister plenipotentiary to be appointed to negotiate a treaty of peace brought in a draught, which was read;

Ordered, That the same be taken into consideration to-morrow.

Resolved, That a committee of five be appointed to prepare instructions for the minister plenipotentiary of these United States, to be appointed for negotiating a peace.

The members chosen, Mr. [Gouverneur] Morris, Mr. [Henry] Laurens, Mr. [Samuel] Huntington, Mr. [John] Dickinson, and Mr. [Thomas] McKean.1

[Note 1: 1 This record of the action of Congress on the question of peace negotiations. in the writing of Charles Thomson, is in thePapers of the Continental Congress. No. 25, I, folio 235. The last resolution and the committee were entered only in the manuscript Secret Journal, Foreign Affairs.]

Adjourned to 10 o'Clock to Morrow.

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