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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, OCTOBER 15, 1779
A letter, of 14th, from John Boreman, deputy pay master general in the western district, was read:
Ordered, That it be referred to the Board of Treasury.
A memorial from James Barr was read.
A letter, of this day, from Mr. [John] Jay, was read, soliciting leave of absence for Lieutenant Colonel Livingston to accompany him to Spain:2
[Note 2: 2 The letter of Boreman is in the Papers of the Continental Congress, No. 78, III, folio 363; the memorial of Bart, dated October 15, is in No. 41, I, folio 204; the letter of Jay, in No. 78, XIII, folio 117.]
A motion was made by Mr. [John] Mathews, seconded by Mr. [Cornelius] Harnett,
That Lieutenant Colonel H. Brockhoist Livingston have leave of absence for twelve months.
On which the yeas and nays being required by Mr. [Henry] Marchant,
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So it was resolved in the affirmative.
The committee on the quartermaster and commissary general's department laid before Congress a letter of 14, from Charles Pettit, assistant Q. M. G.; and a letter of 13th, from the supreme executive council of Pensylvania, which were read:
Ordered, That they be referred to the said committee, to confer with the supreme executive council of Pensylvania, and take order thereon.
A letter from P. Penet, was read,1 accompanied with a print on American Independence.
[Note 1: 1 This letter, dated the 10th, is in the Papers of the Continental Congress, No. 78, XVIII, folio 251.]
The committee on ways and means brought in a report; Whereupon,
The Committee of Ways and Means beg leave further to report:
1. That foreign merchandize suitable for the consumption of the Inhabitants of the United States, be forthwith purchased on the public account, in Europe, to the amount of a sum not exceeding five million Dollars in specie.
2. That a commercial agent (or Board of Trade, consisting of three Commissioners) be appointed to transact the said business, and such other matters of commerce as Congress may direct, and that he (or each of the said Commissioners) be allowed for his service and expence, a Salary ofSterling pr. year, to commence at the time of his leaving his place of abode, to enter on the said office, and to continue three months after notice of his discharge from the same.
3. That as many of the Continental Ships, be employed, in transporting or convoying the said Merchandize to America, as the Marine Committee shall direct.
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4. That a Committee be appointed to instruct the said agent or Board without delay respecting the articles to be purchased, and the States to which they are to be sent.
5. That the said agent (or Board of Trade) be directed to send with each cargo the invoices thereof, and on the first day of every month to lodge triplicate copies of his (or their) account, and of the Invoices shipt the preceeding month, with the Minister Plenipotentiary of the United States, at the Court of Versaillies, to be by him transmitted to Congress.
6. That a Board of Sales consisting of three Commissioners be appointed to receive and dispose of such of the said merchandize as may arrive in the States of; that three other commissioners be appointed to proceed in like manner with the merchandize afores'd which may arrive in the States of; And that a like number of Commissioners be appointed with similar powers respecting the said merchandize, which may arrive in the states of
7. That a Treasurer be appointed to each of the sd. Boards of Sales.
8. That every such Board, on receiving the Invoices of any Cargo of the said merchandize, shall transmit copies thereof to congress, and previous to the sale, shall publish three weeks successively, in all the news paper of the States wherein the sd. Board is authorized to receive such merchandize, advertisements, specifying the articles to be sold, and the time and place of the sale.
9. That all the said merchandize shall be sold at public auction by the commissioners of the respective Boards of Sales, but the money arising therefrom shall be paid to their Treasurers only.
10. That for the benefit of the purchasers, all articles shall be sold by retail or in the peice, and exposed to view several days before the sale.
11. That the sale shall close in each day at or before two oclock, and the goods purchased and paid for shall, if required, be delivered on the same day.
12. That when an article is sold as afores'd the purchaser shall forthwith pay to the respective Treasurer, 15 pr cent on the amount of the sale or the same shall be void.
13. That each Treasurer shall keep a book, and enter therein every article sold by that respective Board as afores'd, in the following Form: Vizt,
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A Register of the sales of merchandize, received by [] Commissioners of Sales of the United States theday of,1780, of, Commissioner of the, agreeable to the order of Congress.
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14. That the allowance which may be due on the sale of each article as aforesaid shall, previous to the delivery thereof, be paid to the respective Treasurer, within two days after the date of the sale, or the same shall be void and the earnest paid thereon be forfeited.
15. That each Treasurer shall on the first day of every month, transmit to Congress his account current, and an attested copy of the register of the preceeding month, and shall pay the money arising on the sales, to the orders of Congress only, after entries are made of the same, and certified at the Board of Treasury.
16. That the several Boards of Sales be authorized to require of any Continental officer who can furnish the same, suitable guards for the public offices and stores, which the said Boards and their Treasurers may respectively occupy.
17. Thatpr. cent. be allowed on the sales made by each Board as aforesaid, and equally divided amongst the Commissioners and Treasurer thereof, in full compensation of their respective services and expences in the premises.
18. That the said Agent, Commissioners and Treasurers, shall respectively take the following oath, or affirmation, and transmit to Congress a certificate thereof, signed by the Justice administring it, previous to their entering on the duties of their several offices.
"I,, do swear, or affirm, that I will faithfully discharge the trust reposed in me (as Agent, Commissioner of Trade or Sales, or Treasurer, as the case may be) to the best of my skill and knowledge, and carefully obey the instructions of Congress relative to the said office."
19. That the Committee of Commerce be authorized and directed to superintend the said officers, and to report to Congress the names of such as may not comply with these resolves, or by otherways misconducting may appear to the said Committee improper for the office.
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That copies of the preceeding resolves be forthwith transmitted to the Ministers Plenipotentiary of the United States at the Courts of Versailles and Madrid. That the Ministers be directed to communicate to the said Courts respectively the great difficulty under which we labor thro' the depreciated state of our currency, the indispensible necessity of rectifying the same, and the advantage resulting from the plan proposed, and also to promote the salutary purposes thereof, by assisting the said agent (or Board of Trade) to discharge his trust and obtain for the United States, of the respective Courts aforesd a credit for the said Merchandize, and a convoy, if necessary.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 26, folio 79. It was rejected October 19.]
Resolved, That to morrow Congress be resolved into a committee of the whole to consider farther the subject of finance referred to them.
Resolved, That the foregoing report be referred to the said committee.
A report from the Board of War was read; Whereupon,
Resolved, That the resignation of Captain Thomas Buchanan of the first Pensylvania regiment, be accepted.2
[Note 2: 2 This report, dated October 13, is in the Papers of the Continental Congress, No. 147, II, folio 523.]
Another report from the Board of War, was read, respecting Major Noirmont de la Neuville:
Ordered, That it be re-commited.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Jeremiah Wadsworth, Esq. commissary general of purchases, on the application of his agents, Chaloner and White, for eight million dollars, for the use of his department; for which sum the said commissary general is to be accountable.3
The committee on the memorial of James Bart brought in a report, which was read.
The Committee, to whom was referred the letter of the 29th September last, from the President of the Supreme Executive Council
[Note 2: 2 This report, dated October 14, is in the Papers of the Continental Congress, No. 136, III, folio 731.]
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of the State of Pennsylvania, have considered the same, and also the application of James Bart recommended in the said letter, and thereupon beg leave to report:
Whereas, by declaration of Congress of the 4th day of July, 1776, the United States of America became independent, and the several States have thereupon formed laws for their internal government, independent of the jurisdiction of Congress, whereby, altho Congress retain the supreme jurisdiction upon the high seas, yet no power remains to them to alter, abrogate or annull the municipal laws of any particular State in such cases:
Therefore, Resolved, That the said James Barr be licensed by Congress for his intended voyage to Holland and back to America, and that his vessel and cargo be protected from seizure during the said voyage, and to and from the Port or Ports free to vessels belonging to the United States.
Provided, the said importations be not contrary to the laws of such State wherein such importation shall be made; and provided, also, that no person who shall have been proscribed by Act of any of the United States shall be brought into any of the said States.1
[Note 1: 1 This report, in the writing of James Mercer, is in the Papers of the Continental Congress, No. 19, I, folio 209. An earlier draft, in the writing of William Churchill Houston, with an amendment in that of Gouverneur Morris, is on folio 211.]
The committee appointed to prepare a letter of credence for the honble John Jay, Esqr, minister plenipotentiary at the Court of Madrid, brought in a draught which being read and amended was agreed to as follows:
Letter to our great and beloved Friend Charles.
Great and Beloved Friend,
The United States of America in Congress assembled, deeply impressed with a high sense of the Magnanimity of your Majesty, and of your friendly disposition towards these States, and having an earnest desire to improve into a firm and lasting Alliance such friendly disposition have appointed, to reside at your Court in quality of Minister Plenipotentiary, that he may give you more particular assurances of the high regard we entertain for your Majesty. We beseech your Majesty to give entire credit to every thing he shall deliver on our part especially when
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he shall assure you of the Sincerity of our Friendship, and we pray God that he will keep your Majesty in his most holy protection.
Done at Philadelphia theday of October, 1779.
By the Congress of the United States of North America, Your Good Friends.
Signed A. B. President.
Attested,
C. T. Secty.1
[Note 1: 1 This letter, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 25, I, folio 333. It is printed in the Secret Journals, Foreign, Vol. II, p, 278.]
The Committee appointed to prepare an Instruction to the Minister Plenipotentiary for negotiating a Treaty of amity and commerce with His Catholic Majesty, and for other purposes, report:
1st. The following Draught of an additional Instruction.
"Sir: You are to use your utmost endeavors for obtaning permission for the Citizens and Inhabitants of these States to lade and take on board their vessels Salt at the Island of Salt Tortuga, and also to cut, load and bring away logwood, and Mahogany in and from the Bay of Honduras and its Rivers, and to build on the shores store houses and magazines for the Wood Cutters and their families, in the extent ceded to his Britannic Majesty by the 17th Article of the Definitive Treaty concluded at Paris, the 10th day of February, 1763, or in as great an extent as can be obtained."
2ndly On the Questions proposed by the President from Mr [John] Jay, your Committee report:
That a letter be written to the Minister Plenipotentiary of these States at the Court of France desiring him to take the most effectual means for supplying the Ministers appointed to treat with his Catholic Majesty and with his Britannic Majesty and their Secretaries with two thousand Louis d'ores to be distributed in proportion
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to their respective salaries, and giving the strongest assurances to the said Minister that Congress will immediately take measures for replacing the said sum, as well as for establishing a fund in Europe for the future support of all the Embassies from these States.
The Committee are of opinion, that it is not immediately necessary to make provision for Secret Services, but they beg leave to Postponed recommend this article to the further consideration of Congress.
The circumstance of distressed Americans in the Department of Spain, being altogether contingent, and there being at present no Passed funds of these States established in Europe, the committee cannot recommend any certain provision to be made for this purpose; But
Resolved, That should the Minister appointed to treat with his Catholic Majesty advance or procure advances of money to be made upon necessary occasions, for the Relief of distressed Americans he shall be reimbursed and Indemnified for such advances.
3rdly. On Lt. Col. Derick's letter, and the papers communicated by Governor Trumbull, your Committee report,
That it appears a loan may be obtained in Holland and they recommendPassed to Congress to authorize and instruct a proper person to negotiate that business on behalf of these States.1
[Note 1: 1 This report, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 25, II, folio 373. It is printed in part in the Secret Journals, Foreign, Vol. II, p. 279.]
The committee having reported, That it appears to them that a loan may be obtained in Holland--
Resolved, That a proper person be authorized and instructed to negotiate that business on behalf of the United States.
Resolved, That Monday next be assigned for nominating, and Thursday next for electing, a proper person to negotiate a loan in Holland.
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Ordered, That the committee who brought in the foregoing report, prepare a letter to the minister plenipotentiary of these United States at the court of France.
Resolved, That the remainder of the report be postponed.
Adjourned to 10 o'Clock to Morrow.
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