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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, AUGUST 14, 1779.
A memorial of John Bancker, was read:3
[Note 3: 3 This memorial, dated August 14, is in thePapers of the Continental Congress, No. 41, I, folio 188.]
Ordered, That it be referred to the Committee for arranging departments.
On motion of Mr. [Henry] Marchant,
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Resolved, That a member be appointed for the Committee of Appeals, in the room of Mr. [John] Henry, who is absent:
The member chosen, Mr. [Jesse] Root.
The committee appointed to prepare a letter to the several states, brought in a draught, which was agreed to as follows:
Sir,
Congress have deemed itproper highly necessary to inform you that the enemydetermined not to listen any overtures of Peace, have exerted themselves to send out a very considerable reinforcement to their army now in America. Seven thousand were destined hither from Europe and three thousand from the West Indies. The operations in the place last mentioned may perhaps prevent the arrival of those troops; but there is no solid reason to expect that the European reinforcement will not arrive.
It isnecessary proper you should be informed that our allies were much concerned to find that preparations were not earlier made for a vigorous campaign. The exertions of America are necessary to obtain the great objects of the alliance, her liberty, sovereignty and independence. The barbarities already exhibited by the enemy and their avowed determinations to give a still greater scope to their ravages, are additional motives to our endeavors. Congress are fully convinced, therefore, that you will comply with their earnest wishes to prepare for the most immediate and most vigorous operations, particularly by filling up your battalions and having the militia of your State ready to march at the shortest warning. It is highly probable that circumstances may soon call them forth to operate offensively; and it is hoped and expected with such energy and effect as to free these states from their hostile invaders.1
[Note 1: 1 This letter, in the writing of Gouverneur Morris, is in thePapers of the Continental Congress, No. 24, folio 257.]
The committee, to whom was referred the resolution of the supreme executive council of Pensylvania, brought in a report:
Your Committee to whom was referred the Resolution of the Council of Pennsylvania, of the 11th. Instant, Report:
That from the best information they can obtain, there is much more wheat gathered in at the last harvest than can be exported in the vessels belonging to the Continent over and above what may be necessary
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for the subsistence of the Army and Inhabitants. That if any parts of the United States shall have suffered by the Season so as to want provisions, (which your Committee have not been informed of) an Embargo will rather injure than assist them. That the Trade of the United States will derive considerable advantages from the exporting so valuable a staple. That on the other hand if the Enemy should obtain a decided superiority at Sea, they would make prize of many of our vessels, and thence derive considerable advantages; but if such superiority should be obtained, they will be able to supply themselves from elsewhere. Your Committee beg leave further to observe, that the purchase of flour for the army in places remote from the Common Markets, is attended with great and unnecessary expence to the Continent, and that the Farmers and Millers will not probably prepare the grain for Market so readily if the Embargo continues as if it be taken off. Besides which it may prevent the sowing large fields for the ensuing year. Your Committee therefore report that it be recommended to the several States to take off the Embargoes by them respectively laid on or before the first day of October next.1
[Note 1: 1 This report, in the writing of Gouverneur Morris, is in thePapers of the Continental Congress, No. 20, II, folio 61. It is endorsed: "Read August 14. To be considered on Tuesday, 17; Debated, August 19; Referred to Mathews, Forbes, Root. Ordered, that the Committee report tomorrow."]
Ordered, That the same be taken into consideration on Tuesday next.
A letter, of 13, from the Board of War, was read; Whereupon,
War Office,August 13, 1779.
We have been honored with the enclosed letter from the honbl Council of Pennsylvania which with its enclosures we have the honor of transmitting to Congress. The enclosures Council desire may be sent back when perused; we therefore beg Congress will enable us to do this by sending them to us when read.
We are of opinion from all circumstances that the public stores should be collected so as to be easily guarded, and a body of Militia Stationed at Sunbury for their security and the protection of the inhabitants. Of what number this body should consist we cannot at present determine, did it lie with us to do. But we beg leave to propose that at least two hundred Militia be called into service and
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Stationed at Sunbury for guarding the public stores and provisions, preserving the communication with Wyoming and escorting the supplies. We should not have thought of so small a number but in a belief that General Sullivan's forward movement will oblige the enemy to collect their force, and thereby draw off their detachments. Yet light parties may be left to harrass the Frontiers and some provision Should be made against their ravages. We therefore beg leave to report:
Resolved, That the honorable the supreme executive council of Pensylvania, be requested to call into service 200 of the militia of that State properly officered, to be stationed at Sunbury, on the Susquehanna, for guarding the public stores, keeping open the communication by that river, furnishing escorts for stores and provisions, and protecting the frontiers of the said State against the ravages of the enemy during the present appearances of danger, till the further determination of Congress.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, III, folio 571.]
The Board of Treasury report, that they have appointed Joseph Nourse, Esq. a signer of the bills of credit of the United States.
Some time being spent in the consideration of foreign affairs,
Your Committee to whom were referred the Resolutions of Congress upon the letters of Arthur Lee, Esq. and the communications of the Minister of France, with order to prepare instructions thereon, beg leave to Report:
That having weighed and considered the matters to them referred there appears to be four principal points, viz. 1st the instructions to be given to the Commissioner of peace. 2ly Those to be given to the Commissioners who may be appointed to negotiate a treaty who may be appointed to negotiate a treaty of Commerce with Great Britain. 3ly. Those to be given to the Minister of the United States at the Court of Versailles.
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And 4ly. those to be given to the Minister of the Said States at the Court of Madrid.
Your Committee have prepared the first three sets of instructions agreeably to the materials in their possession, but cannot perform the last until the final determinations of Congress upon that subject, Wherefore they report:
I.
A draft of Instructions to the Commissioner to be appointed to negotiate a treaty of Peace with Great Britain.
Sir:
You will herewith receive a commission giving you full powers to negotiate a treaty of peace with Great Britain, in doing which you will conform to the following Information and Instructions:
1st. The United States are sincerely desirous of peace, and wish by every means consistent with theft dignity and safety to spare the farther effusion of blood. They have therefore, by your Commission and those instructions, laboured to remove the obstacles to that event before the enemy have evidenced their disposition for it. But as the great object of the present defensive war on the part of the allies is to establish the Independence of the United States, and as any treaty whereby this end cannot be obtained must be only ostensible and illusory, you axe therefore to make it a preliminary article to any negotiation that Great Britain shall agree to treat with the United States as Sovereign, free and Independent.
In debating this article, on Friday the 13th, a motion was made by Mr. [Thomas] Burke, seconded by Mr. [Edmund] Randolph, after the words "as sovereign, free and independent," to add, "if an express
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"acknowledgment of the said independence shall be "absolutely refused by the king of Great Britain." And 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.
2ly. You shall take especial care also that the Independence of the Said States be effectually assured and confirmed by the Treaty or treaties of peace, according to the form and effect of the Treaty of Alliance with his Most Christian Majesty, and you shall not agree to such treaty or treaties, unless the same be thereby so assured and confirmed.
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3ly. Theclear and indisputable Boundaries of these Statesand the Territories of Great Britain are as follows, viz. These States are boundedNorth by a line to be drawn from the Northwest angle of Nova Scotia, along the Highlands which divide those Rivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the Northwestern-most Head of Connecticut River; thence down along the middle of that River to the forty fifth degree of North latitude; thence due west in the latitude of forty five degrees North from the Equator to the North Westernmost side of the River St. Lawrence or Cadaraqui; Thence straight to the South end of Lake Nipissing, and thence Straight to the Source of the River Mississippi;West by a line to be drawn along the middle of the River Mississippi from its source to where the said line shah intersect the 31st degree of North Latitude.South by a line to be drawn due East from the termination of the line last mentioned in the latitude of 31 Degrees north from the Equator, to the middle of the River Appalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the Head of St Mary's River and thence down along the middle of St Mary's River to the Atlantic Ocean, andEast by a line to be drawn along the middle of St John's River from its source to its mouth in the Bay of Fundy. Comprehending all Islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due East from the points where the aforesaid Boundaries between Nova Scotia on the one part and East Florida on the other part shah respectively touch the Bay of Fundy and atlantic ocean. You are therefore strongly contend that the whole of the said Countries
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and Islands lying within the Boundaries aforesaid, and every citadel, fort, post, place, harbor and Road to them belonging, be absolutely evacuated by the land and sea forces of his Britannic Majesty, and yielded to the powers of the States to which they respectively belong, in such situation as they may be at the termination of the war,and that the same be guaranteed to the United States. But notwithstanding the clear right of these States, and the importance of the object, yet they are so much influenced by the dictates of Religion and Humanity, and so desirous of complying with the earnest requests of their allies, that if the line be drawn from the mouth of Lake Nipissing to the Head of the Mississippi cannot be obtained without continuing the war for that purpose, you are hereby empowered to agree to some other line between that point and the River Mississippi, provided the same shall in no part thereof be to the Southward ofthe forty sixth latitude 45° North. And in like manner if the Eastern Boundary above described cannot be obtained, you are hereby empowered to agree that the same shall be afterwards adjusted by Commissioners to be duly appointed for that purpose according to such line as shall be by them settled and agreed on as the Boundary between that part of the State of Massachusetts Bay formerly called the Province of Maine and the Colony of Nova Scotia agreeably to their respective rights, and you may also consent that the Enemy shall destroy such fortifications as they may have erected.Neither need you insist upon their guarantee.
4ly. Although it is of the utmost importance to the peace and Commerce of the United States that Canada and Nova Scotia should be ceded, and more particularly that their equal common right to the Fisheries should
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be guarantied to them, yet a desire of terminating the war hath induced us not to make the acquisition of these objects an ultimatum on the present occasion.
5ly. You are empowered to agree to a cessation of Hostilities during the negotiation, provided our ally shall consent to the same, and provided it shall be Stipulated that all the forces of the enemy shall be immediately withdrawn from the United States.
6ly. In all matters not above mentioned, you are to govern yourselves by the Alliance between his Most Christian Majesty and these States, by the advice of our allies, by your knowledge of our Interests, and by your discretion,according to Time and Circumstances, in which we repose the fullest confidence.
Congress likewise agreed to the following draft of instructions to the commissioner to be appointed to negotiate a treaty of commerce with Great Britain:
II.
Sir,
You will herewith receive a Commission giving you full power to negotiate a treaty of Commerce with Great Britain; in doing which you will consider yourself bound by the following information and instructions:
1st You will govern yourself principally by the Treaty of Commerce with his Most Christian Majesty, and as on the one hand you shall grant no privilege to Great Britain not granted by that Treaty to France, so on the other you shall not consent to any peculiar restrictions or limitations whatever in favor of Great Britain.
2ly. In order that you may be the better able to act with propriety on this occasion, it is necessary for you to know that we have determined 1st. That the common right of fishing shall in no case be given up. 2nd That
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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. 3ly. That application shall be made to his Most Christian Majesty to agree to some article or articles for the better securing to these States a share in the said fisheries. 4ly. 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 herein after described, such molestation, being in our opinion 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. And 5ly. That our faith be pledged to the several States, that without their unanimous consent no treaty of commerce shall be entered into, nor any trade or commerce whatever carried on with Great Britain, without the explicit stipulation herein aftermentioned. You are therefore not to consent to any Treaty of Commerce 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 Territory remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation--and in the negotiation you are to exert your most strenuous endeavors to obtain a nearer distance in the Gulf of St.
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Lawrence, and particularly along the shores of Nova Scotia. As to which latter we are desirous, that even the Shores may be occasionally used for the purpose of carrying on the Fisheries by the Inhabitants of these States.
3ly. In all other matters you are to govern yourself by your own discretion, as shall be most for the Interest of these States, taking care that the said Treaty be founded on principles of equality and reciprocity, so as to conduce to the mutual advantage of both nations, but not to the exclusion of others.
On the question to agree to the above draft of instructions, the yeas and nays being required by Mr. [Nathaniel] Scudder,
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So it was resolved in the affirmative.
Congress farther agreed to the following draft of instructions to the minister plenipotentiary of the United States at the court of France.
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III.
Sir
Having determined, in order to put a period to the present war conformably to the humane dispositions which sway the Allied Powers, that we would not insist on a direct acknowledgement by Great Britain of our right in the Fisheries, this important matter is liable to an incertitude which may be dangerous to the political and commercial Interests of the United States. We have therefore agreed and resolved that our right should in no case be given up; that we would not form any Treaty of Commerce with Great Britain, nor carry on any trade or Commerce whatsoever with her unless she shah make an express stipulation on that subject,and we have pledged our Faith and that if She shall after a Treaty of peace disturb the Inhabitants of these States in the exercise of it, we will make it a common cause to obtain redress for the parties injured. But notwithstanding these precautions, as Great Britain may again light up the flames of war and use our exercise of the Fisheries as her pretext, and since doubts may arise whether this object is so effectually guarded by the Treaty of Alliance with his Most Christian Majesty that any molestation therein on the part of Great Britain is to be considered as a casus foederis, you are to endeavor to obtain of his Majesty an explanation on that subject upon the principle that, notwithstanding the high confidence reposed in his wisdom and justice, yet considering the uncertainty of human affairs and how doubts may be afterwards raised in the breasts of his Royal Successors, the great importance of the Fisheries renders the Citizens of these States very solicitous to obtain his Majesty's sense with relation to them as the best security against the
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ambition and rapacity of the British Court. For this purpose you shall propose the following article, in which nevertheless such alterations may be made as the circumstances and situation of affairs shah render convenient and proper. Should the same be agreed to and executed you are immediately to transmit a Copy thereof to our Minister at the Court of Spain.
Whereas, by the Treaty of Alliance between the most Christian King, and the United States of North America, the two parties guarantee mutually from that time and forever against all other powers, to wit: The United States to His Most Christian Majesty the possessions then appertaining to the Crown of France in America, as well as those which it might acquire by the future treaty of Peace; and his Most Christian Majesty guarantees on his part to the United States their liberty, Sovereignty and Independence, absolute and unlimited, as well in matters of Government as commerce, and also their possessions and the additions or conquests that their confederation might obtain during the war according to the Said Treaty. And the said parties did further agree and declare that in case of a rupture between France and England the said reciprocal guarantee should have its full force and effect the moment such war should break out--And whereas doubts may hereafter arise how far the said guarantee extends to this case, to wit: that Great Britain should molest or disturb the subjects and Inhabitants of France or of the said States in taking fish on the Banks of Newfoundland, and other the fishing banks and Seas of North America formerly and usually frequented by the said subjects and Inhabitants respectively. And whereas the said King and the United States have thought proper to determine with precision the true intent and meaning of the said guarantee in this
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respect, now therefore, as a further demonstration of their mutual good will and affection, it is hereby agreed, concluded and determined as follows, to wit: That if, after the conclusion of the treaty or treaties which shall terminate the present war, Great Britain shall molest or disturb the subjects of the Inhabitants of the said United States in taking fish on the Banks, seas and places formerly used and frequented by them, so as not to encroach on the territorial rights which may remain to her after the termination of the present war as aforesaid, and war should thereupon break out between the said United States and Great Britain; or if Great Britain shall molest or disturb the subjects and Inhabitants of France in taking Fish on the Banks, Seas and places formerly used and frequented by them, so as not to encroach on the territorial rights of Great Britain as aforesaid, and war should thereupon break out between France and Great Britain,or if such war should break out in consequence of any molestation or disturbance by Great Britain to either of the Said Allies with respect to any peculiar right or privilege in the Fisheries formerly secured or which may hereafter be secured to them respectively by the Treaty or Treaties which shall terminate the present war. In either of those cases of war as aforesaid, His Most Christian Majesty and the said United States shall make it a common cause, and aid each other mutually with their good offices their counsels and their forces, according to the exigence of conjunctures as becomes good and faithful allies.1 Provided always, that nothing herein contained shall be taken or understood as contrary to or inconsistent with the true intent and meaning of the treaties already subsisting between his Most Christian Majesty and the Said States; but the same
[Note 1: 1 The manuscript journal shows that the vote which follows was taken at this point.]
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shall be taken and understood as explanatory of and conformable to those treaties.
All which nevertheless is most humbly submitted
Gouvr Morris
Chairman of the Comte.
Philadelphia12th Aug. 1779.1
[Note 1: 1 This report and draughts of instructions, in the writing of Gouverneur Morris, are in thePapers of the Continental Congress, No. 25, I, folio 147. They were printed, with the votes, in theSecret Journals, Foreign, Vol. II, p. 225. They were entered in the Manuscript Secret Journal, Foreign Affairs, folios 116--130. On folio 121, separated from the context, are to be found the motion on Ireland and the vote upon it. The intelligence was contained in a letter from John Adams, of March 26, 1780, which was laid before Congress August 1, 1780, and referred to the Committee on Foreign Affairs. It does not follow that the motion was made or considered on the 13th or 14th, and it was not printed in the edition of the Secret Journals of 1820.]
On debating these instructions by paragraphs, when the question was about to be put to agree to this clause, the yeas and nays being required by Mr. [Meriwether] Smith,
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So it was resolved in the affirmative.
A motion was made by Mr. [Henry] Marchant, seconded by Mr. [Elbridge] Gerry,
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That a committee be appointed to confer with the Minister of France upon the intelligence lately received respecting Ireland.
On which the yeas and nays being required by Mr. [Meriwether] Smith,
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So it passed in the negative.
Adjourned to 10 o'Clock on Monday.
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