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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 --FRIDAY, SEPTEMBER 17, 1779
A letter, of 12, from General Washington, was read.
A letter, of 7, from Major General Gates, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 11, from Major General Baron de Kalb, was read:1
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VII, folio 755; de Kalb's letter, in No. 164, folio 330.]
Ordered, That it be referred to the Board of War.
Resolved, That two members be appointed to introduce the Minister to the private audience:
The members chosen, Mr. [Henry] Laurens and Mr. [Daniel of St. Thomas] Jenifer.
The Minister being introduced, took his leave in a speech, of which the following is a translation:
Gentlemen: The King my master, having been pleased to attend to the representations which my ill state of health obliged me to make to him, his Majesty has granted me leave to return. At the same time he has taken care to send a new Minister Plenipotentiary to America, that there may be no interruption in his care to cultivate a mutual friendship. I must leave it to the abilities of Monsr. the Chevalier de la Luzerne to explain to you his majesty's sentiments, and confine myself, at this time, in testifying to you, gentlemen, the satisfaction I shall have in rendering him an account of the occurrences which I have been witness of for more than a year during my residence with you. His majesty will thereby perceive the sentiments with which your councils are animated and governed, your wisdom, your firmness, your attachment to the alliance, and your zeal for the prosperity of the common cause and the two nations respectively. He will see with pleasure that that inestimable union, which constitutes the principal force and weight of the confederacy, reigns among the United States; that the citizens are so far from being wanting in zeal and spirit to repel incursions which can have no other object than a barbarous devastation, that there is not an American who is not sensible of the necessity of concurring to humble
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still further and weaken the common enemy, by efforts proportionate to the importance of happily terminating a glorious revolution, and of securing, as speedily as possible, to the United States of America, by a solid and honourable peace, the inestimable advantages of liberty and independence, which is the essential and fundamental object of the alliance and of the war kindled and rendered necessary by England.
It only remains for me, gentlemen, to offer you as a body and as individuals, the tribute of my thanks for the marks of confidence and esteem, and also of attention which I have received from you; I have always endeavoured to deserve them by the most sincere and zealous attachment to the interests and dignity of the United States, as well as to the principles and sentiments resulting from the alliance. I have not been wanting in zeal for every thing that could have any relation to that object, and that could farther cement the connexions, whether political or personal, between the two nations. The most flattering recompence of all my labours would be the testimony of your satisfaction.
To which the President, in behalf of Congress, returned the following answer:
Sir: We receive with much concern the intimation you have given us, that the bad state of your health obliges you to leave America: though at the same time we are sensible of the continued friendly care of his most Christian Majesty in sending a new Minister Plenipotentiary to these states.
Great as our regret is in thus parting with you, yet it affords us pleasure to think how well-disposed you are to improve the favourable opportunities you will have on your return to France, of evincing to his Majesty the reality of those sentiments on our part, which may justly be termed the animating principles of the United States.
By such representations the King will be assured, that the citizens of these states observe, with the most lively satisfaction, the repeated instances of his amity for them; that they regard the alliance as an inestimable connexion, endeared to them by the purity of the motives on which it was founded, the advantages derived from it, and the blessings it promises to both nations; that their resolution of securing its essential objects, liberty and independence, is unalterable; that they are determined by all the exertions in their power to advance the common cause, and to demonstrate that while they are attentive
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to their own interests, they as ardently desire to approve themselves not only faithful but affectionate allies.
By a residence of more than a year near Congress, you are enabled to form a competent judgment of the difficulties we have had to encounter as well as of our efforts to remove them.
Sir, we should be deficient in the respect due to distinguished merit, if we should fail to embrace this opportunity of testifying the high esteem which you have obtained throughout this country by your public and private conduct. You have happily combined a vigilant devotion for the dignity and interest of our most excellent and illustrious ally, with a zealous attachment to the honor and welfare of these states.
Your prudence, integrity, ability and diligence in discharging the eminent trust reposed in you, have secured our entire confidence, and now solicit from us the strongest declarations of our satisfaction in your behaviour.
That you may be blessed with a favourable voyage, the approbation of your sovereign, the perfect recovery of your health, and all happiness, is among the warmest wishes of every member of this body.
The Marine Committee report,
"That it will be for the public benefit that Lieutenant Thomas Simpson, now commander of the ship Ranger, be appointed a captain in the navy of the United States."
On the question to agree to this report, the yeas and nays being required by Mr. [James] Mercer,
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So it passed in the negative.
The Marine Committee, to whom was referred the letter from Admiral Arbuthnot, dated at New York, the 30th August, 1779, report,
That on an enquiry they find there is a person of the name of Wellbank now in the prison of this city, who was taken a pilot of the sloop Hotham; that there is also in the said prison a person of the name of Papley: that those persons, as well as other prisoners in general, are in comfortable rooms, provided with good provisions, and indulged with the liberty of the yard at certain hours every day, and are not "in close and cruel confinement," as is suggested in the Admiral's letter:
Resolved, That the President return an answer to Admiral Arbuthnot, and enclose him a copy of the foregoing report
The Marine Committee, to whom was referred a letter of 27 August, from Governor Livingston, enclosing a letter from Mr. Museo Livingston, report,
That it is not eligible to employ Mr. Masco Livingston in the way he proposed, and recommend that his letter and certificate be returned to Governor Livingston:
Resolved, That Congress agree to the said report.
On motion of Mr. [Henry] Laurens, seconded by Mr. [John] Armstrong,
Resolved, That in consideration of the distinguished merit of Lieutenant Colonel Talbot, a commission of captain in the navy of the United States be given him, but that his pay and rations as lieutenant colonel cease while actually employed
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in the navy; and that the Marine Committee be directed to provide a proper vessel for him as soon as possible.
The Committee on the Treasury brought in a report; Whereupon,
Resolved, That five million one hundred and eighty dollars be emitted on the faith of the United States, and under the direction of the Board of Treasury, in bills of credit of the following denominations, viz.
That the said bills, excepting the numbers, be of the same tenor and date as those emitted the 17 day of July last, and be numbered from the last number in each respective denomination progressively.
Resolved, That a farther sum of ten million and eighty dollars, be emitted under the direction of the Board of Treasury, and on the faith of the United States, in bills of credit, of the following denominations, viz.
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That the said bills, excepting the numbers, be of the same tenor and date as the emissions directed on the 14th of January last, and be numbered from the last number in every denomination progressively.
Ordered, That the Committee of Commerce forthwith report a proper allowance for the commercial and other continental agents in these United States, and that the Marine Committee and Committee of Commerce direct their respective agents forthwith to render their accounts in order for settlement.
The Committee on the Treasury, to whom was referred the letter of 8th, from the Board of War, brought in a report; Whereupon,
Resolved, That Congress entertain a just sense of the exertions of the Board of War, in superintending and directing the necessary purchases of cloathing for the army, and of their constant attention to that important business, and that it is necessary the Board should, for the present campaign, and until some more expedient arrangement can be adopted, provide by every means in their power, and upon the best terms they are able, the necessary supplies of cloathing as aforesaid.1
[Note 1: 1 This report, dated September 14, is in the Papers of the Continental Congress, No. 136, III, folio 641.]
The Committee on the Treasury brought in another report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Mr. J[oseph] Spencer, one of the delegates for the State of Connecticut, on his application, for three thousand dollars; for which the said State is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. [Frederick] Muhlenberg, one of the delegates for the State of Pensylvania, on his application, for fifteen hundred dollars; for which the said State is to be accountable.
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That a warrant issue on the treasurer, in favour of the delegates for the State of North Carolina, on their application, for sixty thousand dollars, for the purpose of purchasing sundry articles for the immediate use of the North Carolina troops in the continental army; and for which the said State is to be accountable.
That a warrant issue on Nicholas Gilman, Esq. commissioner of the continental loan office, for the State of New Hampshire, in favour of Lydia Emerson, administratrix of Moses Emerson, Esq. deceased, late commissioner of accounts for the middle department, for three hundred and eighty two dollars and 30/90 of a dollar, being the amount of the funeral charges of the said Moses Emerson, deceased, for which sum his account was ordered to be credited by a resolution of Congress of the 15th instant.1
[Note 1: 1 This report, dated September 16, is in the Papers of the Continental Congress, No. 136, III, folio 657.]
That a warrant issue on Thomas Smith, Esq. commissioner of the continental loan office, for the State of Pensylvania, in favour of Major General Greene, Q. M. General, on the application of Charles Pettit, assistant quarter master general, for four hundred thousand dollars, for the use of his department, for which the said General Greene is to be accountable.2
[Note 2: 2 This report, dated September 17, is in the Papers of the Continental Congress, No. 136, III, folio 661.]
The Medical Committee, to whom was referred the letter of the 2d, from the Minister Plenipotentiary of France, brought in a report:
Ordered, That it be re-committed, and that they take order thereon.
The committee, to whom was referred the petition of the committees of Cumberland county, together with instructions from the senate and assembly of the State of New York to
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their delegates in Congress, and other papers accompanying the same, brought in a report:
The Committee, to whom was referred the petition of the Committees from Cumberland county, together with instructions from the Senate and Assembly of the State of New York to their Delegates in Congress, and other papers accompanying the same, beg leave to report:
That they have perused and maturely considered the several papers aforesaid, and are of opinion, that the propositions and concessions in the same contained on the part of the State of New York, appear to be a sufficient foundation for the mediation of Congress between that State, the States of New Hampshire and Massachusetts Bay, and the inhabitants of the tract of country, known by the name of the New Hampshire Grants, and lately stiling themselves the State of Vermont; and they conceive that the controversy between the several parties is of such a nature as requires the immediate interposition of Congress.
Your Committee further report, That they have not been able to find any Act or Vote of Congress, which countenances the people of the New Hampshire Grants in assuming the rights or name of an independent State; but on the contrary conceive that by certain Resolves of the 30th day of June, 1777, on the subject, every Idea of that sort must be excluded.
Upon the whole therefore, they humbly submit the following Resolves for the consideration of Congress:
That Congress will proceed to hear and determine all matters in variance between the States of New York, New Hampshire, Massachusetts Bay, and the people claiming to be the State of Vermont, which have been submitted to them, both with respect to jurisdiction and soft, on Monday theday ofnext; of which notice shall be given to the parties by delivering them respectively a copy hereof on or before the day of October next.
That a copy of the petition from the townships in Cumberland county, and of the instructions from the General Assembly of New York to their Delegates in Congress, dated at Kingston, the 27th day of August last, be likewise transmitted to the States of New Hampshire and Massachusetts Bay, and the people claiming to be the State of Vermont.
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That it be recommended to the people claiming to be the State of Vermont, to cease and desist from the exercise of any authority or power whatsoever over any person or persons, or their property, who acknowledge the jurisdiction of New York, New Hampshire, or Massachusetts Bay, until the beforementioned controversy shall be heard and determined by Congress.1
[Note 1: 1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 41, I, folio 267.]
Ordered, That Monday next be assigned for the consideration thereof.
Congress resumed the consideration of the report of the Committee on farther ways and means for supplying the treasury; after debate,
Resolved, That it be referred to a committee of the whole.
Resolved, That on Tuesday next Congress be resolved into a committee of the whole to consider the said report.
The Marine Committee laid before Congress a letter, of 8, from the navy board in the eastern district and one, of, from Captain S. Nicholson.
Ordered, That the letter from the navy board be referred to the Marine Committee, and that they take order thereon.
That the letter from Captain Nicholson be referred to the Committee of Intelligence.
Congress resumed the consideration of the amendment on the first proviso, when,
A motion was made to extend the amendment by striking out "and," and what follows to the end of the proviso.
The question put,
Passed in the affirmative; and the words were struck out.
A motion was then made by Mr. [Meriwether] Smith, seconded by Mr. [William] Sharp, in lieu of the words struck out to insert, "and some convenient port or
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"ports, on the said river below the thirty-first degree "north latitude, free for all merchant vessels, goods, "wares, and merchandise, except for such articles as "may be enumerated and agreed upon as contraband."
On the question to insert those words, the yeas and nays being required by Mr. [Meriwether] Smith,
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So it passed in the negative.
On motion,
Resolved, That the remaining part of the first proviso be amended by striking out the words, "His catholick "majesty shall grant to;" and after "states," inserting "shall enjoy," so that it read, "Provided "always, that the United States shall enjoy the free "navigation of the river Mississippi into and from the "sea."
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Question put, passed in the affirmative.
Question put to agree to the proviso as amended,
Resolved in the affirmative.
On motion of Mr. [John] Mathews, seconded by Mr. [Samuel] Huntington,
Resolved, That the second proviso be postponed.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Meriwether] Smith,
Resolved, That the resolution passed on Saturday last be reconsidered.
On motion of Mr. [John] Mathews, seconded by Mr. [Meriwether] Smith,
Resolved, That the resolution be amended by striking out the words, "think proper to attack them, these "United States will aid and assist his catholick majesty "in such enterprise with such provisions and naval "stores as shall be required by his catholick majesty, "and can be furnished by these states; and if his "catholick majesty shall;" also the words "by cession, or "by war, with or without the assistance of the allies;" so that it read, "on the contrary, if he shall obtain the "Floridas from Great Britain, these United States will "guaranty the same to his catholick majesty."
On the question to agree to the resolution as amended,
Resolved in the affirmative.
On the question to agree to the whole as amended, the yeas and nays being required by Mr. [John] Jay,
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[Note 1: 1 In the manuscript journal no vote is entered against Muhlenberg's name.]
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So it was resolved in the affirmative as follows:
Whereas by the treaties subsisting between his most Christian Majesty and the United States of America, a power is reserved to his Catholick Majesty to accede to the said treaties, and to participate in their stipulations at such time as he shall judge proper; it being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholick Majesty may propose other conditions analogous to the principal aim of the alliance, and conformable to the rules of equality, reciprocity and friendship [Congress is sensible of the friendly regard to these states manifested by his most Christian Majesty in reserving a power to his Catholic Majesty of acceding to the alliance entered into between his. Most Christian Majesty and these United States]1
[Note 1: 1 The words in brackets were in the original draught, but the succeeding sentence was substituted for them.]
And whereas, should his Catholick majesty accede to the said treaties without any alteration, he must be under the necessity of renouncing forever all claims to the possession of the Floridas, of the utmost consequence to his kingdom, and more particularly to his American dominions. In order, therefore, that nothing may be wanting on the part of these states to further a treaty of alliance, and of amity and commerce with his Catholick Majesty consistent with the engagements of the said
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states, and agreeable to his most Christian Majesty their ally:
Resolved, That if his Catholick Majesty shall accede to the said treaties, and in concurrence with France and the United States of America, continue the present war with Great Britain for the purpose expressed in the treaties aforesaid, he shall not thereby be precluded from securing to himself the Floridas: On the contrary, if he shall obtain the Floridas from Great Britain, these United States will guaranty the same to his Catholick Majesty: Provided always, that the United States shall enjoy the free navigation of the river Mississippi into and from the sea.
You are therefore to communicate to his Most Christian Majesty the desire of Congress to enter into a Treaty of Alliance and of amity and Commeree with his Catholic Majesty, and to request his favorable interposition for that purpose. At the same time, you are to make such proposals to his Catholic Majesty as in your Judgment from circumstances will be proper for obtaining for the United States of America equal advantages with those which are secured to them by the Treaties with his Most Christian Majesty; observing always the resolution aforesaid as the Ultimatum of these United States. You are particularly to endeavor to obtain some convenient port or ports below the 31st Degree of North Latitude on the River Mississippi, free for all merchant vessels, goods, wares and merchandizes, belonging to the Inhabitants of these States. But this you are not to insist on.
The distressed State of our Finances, and the great depreciation of our paper Money incline Congress to hope that his Catholic Majesty, if he shall conclude a Treaty with these States, will be induced to lend them money. You are therefore to Represent to him, the great distress of these States on that account, and to solicit a Loan of 5,000,000 of Dollars upon the best terms in your power, not exceeding an interest of 6 per. cent., effectually to enable them to cooperate with the Allies against the Common Enemy.1
[Note 1: 1 These instructions, in the writing of Meriwether Smith, are in the Papers of the Continental Congress, No. 25, I, folio 325. They are endorsed "Agreed to September 20, 1779."]
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Resolved, That a committee be appointed to prepare instructions conformable to the foregoing resolution.
The members chosen--Mr. [Meriwether] Smith, Mr. [John] Mathews, Mr. [Elbridge] Gerry.
The honourable sieur Gérard, minister plenipotentiary of France, having on the 15th desired an audience in the course of this week, in order that he might take his leave; and Congress having assigned this day for granting him a private audience, but in full Congress, for the purpose, the minister was introduced by Mr. [Henry] Laurens and Mr. [Daniel of St Thomas] Jenifer, and took his leave in a speech of which the following is a translation.1
[Note 1: 1 This paragraph is not in the manuscript, but is taken from the printed journal. The speech is printed on p. 1072 ante.]
[See the publick journal.]
Congress also agreed, unanimously, to the following letter to his most christian majesty.
Great faithful and beloved Friend and Ally: The conduct of your Majesty's Minister, the Sieur Gérard, during his Residence in America, has been in every respect so commendable, that we cannot forbear testifying to your Majesty our sense of his merit, without feeling that uneasiness which arises from a neglect of the obligations of Justice.
His behavior appears to us to have been uniformly regulated by a devotion to your Majesty's Dignity and Interest, and an adherence to the terms and principles of the Alliance, while at the same time he demonstrated his attachment to the honor and prosperity of these States.
Thus, serving his Sovereign, he acquired our entire confidence and esteem, and has evinced your royal wisdom in selecting a person so properly qualified to be the first Minister sent to the United States of America.
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That the Supreme Ruler of the Universe may bestow all happiness on your Majesty is the prayer of your faithful and affectionate friends and allies.
Done at Philadelphia theDay of, 1779, by the Congress of the United States of America.1
[Note 1: 1 This letter, in the writing of John Dickinson, is in the Papers of the Continental Congress, No. 25, I, folio 159. It is printed in the Secret Journals, Foreign, Vol. II, p. 250.
These proceedings on foreign affairs were entered only in the manuscript Secret Journal, Foreign Affairs.]
Adjourned to 10 o'Clock to Morrow.
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