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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, NOVEMBER 27, 1779
A memorial, dated 26, from the honble Chevr de la Luzerne, the Minister Plenipotentiary of France, was read, enclosing a copy of letter, of 25, from Don Juan de Mirailles:
Ordered, That the same be referred to the committee on the letter, of 24th, from Don Juan de Mirailles.
A memorial of Robert Martin was read:
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Ordered, That it be referred to the Board of Treasury to take order thereon.
A petition of Coenradt Flaake and Albartus Van Loon was read:1
[Note 1: 1 Luzerne's memorial and Miralles's letter are printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 414, 415. The memorial of Martin is in the Papers of the Continental Congress, No. 41, VI, folio 149; the Flaake petition, dated the 12th, is in No. 42, III, folio 37.]
Ordered, That it be referred to the Board of Treasury.
A letter, of 23, from S. Deane, was read.
The committee on Major General Sullivan's letter, of 9th, and,
The committee on the report of the Treasury, of the 5th instant, brought in their reports:
Your Committee to whom was referred the report of the Treasury of the 5 November, 1779, beg leave to submit the following resolutions:
That warrants in the form herein after mentioned be drawn on the Treasurers of the several States, payable in four months from the date, for sums not exceeding 20,000 Dolls nor less than 500 DIs.
That those in whose favor the same are drawn be credited on the same a discount of two per cent, being the interest of the sums specified in the same for the said term.
That such sums be paid to the said persons or their assigns on the day of payment by the respective Treasurers or their successors in office, or, in Default thereof as soon as may be thereafter, together with Interest from that Day at the rate of six per cent.
That the said Treasurers do accept such bills whensoever they shall be presented to them; and that the sums paid on such warrants be charged to the United States on the day of payment, and afterwards liquidated in the accounts of the several States according to the Resolutions of the 6 and 7th. of October last.
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Form of the warrants.
To the Treasurer of the State of
No.
Sir
Pay toor his assignsDollars in four months from the Date hereof.
By order of Congress theDay of1779.
A B, Presdt.1
[Note 1: 1 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 26, folio 93. It is endorsed: "November 29. Consideration postponed. Referred to committee of whole."]
The reports delivered in being read,
Congress took into consideration the report of the committee on the letter of the 17th October last, from Major-General Schuyler; Whereupon Congress agreed to the following answer to the said letter:
Sir:
Notwithstanding the many injuries committed by the savages, Congress are disposed to peace; the conditions on which they insist are,
First, that it shall be supplicated on the part of the enemy; secondly, that they shall surrender all the Americans in their hands; thirdly, that they shall expel all British agents and emissaries; fourthly, that they shall covenant to deliver up such as shall hereafter go among them; fifthly, that they shall covenant not to take up the hatchet again under penalty of being driven from their country; and sixthly, that they shall give hostages for their strict adherence to the promises to be by them made.
Congress further wish that they make considerable Offers of Territory, which may stand recorded against them, and serve as the most pointed marks of their contrition; but they mean that the Commissioner should decline an acceptance of the Offer to convince them of the superior Generosity of America, compared with their Experience of others. At the same time, if any of the Inhabitants
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have just Claims for Damages done, Congress do not wish to preclude them; on the contrary, it is their Desire that it should be expressly left open in the Treaty, so as to be afterward settled in a fair and equitable Manner by Commissioners from the Whites and Indians.1
[Note 1: 1 This letter, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 19, V, folio 311.]
To which it was moved by Mr. [James] Forbes, seconded by Mr. [William Churchill] Houston, to add "and that Congress are willing to accept of any cession of territory which the said Indians may be inclined to make to the United States, reserving to any particular State their right of a prior claim to the territory aforesaid, or any part thereof."
An amendment was moved by Mr. [Robert R.] Livingston, seconded by Mr. [Philip] Schuyler, to add, "which cession shall be for the benefit of such State as may have a prior right."
On which the yeas and nays being required by Mr. [James] Forbes,
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So it passed in the negative.
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The previous question was then moved by Mr. [Elbridge] Gerry, and seconded by Mr. [William] Sharpe.
On which the yeas and nays being required by Mr. [James] Forbes,
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So it passed in the affirmative, and the main question was set aside.
A motion was then made by Mr. [Henry] Marchant, seconded by Mr. [James] Forbes, "That it be one condition of the peace, that no land be sold or ceded by any of the said Indians, either as individuals or as a nation, unless to the United States of America or by the consent of Congress."
On which the previous question was moved by Mr. [Elbridge] Gerry, seconded by Mr. [William] Sharpe, and the yeas and nays being required by Mr. [Henry] Marchant,
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So it was resolved in the affirmative, and the main question was set aside.
Congress took into consideration the report of the committee on General Washington's letter, of 20; and some time being spent thereon,
Ordered, That it be re-committed.
Resolved, That two members be added to the committee on the memorial of the general officers in the room of Mr. [Jesse] Root and Mr. [Gouverneur] Morris.
The members chosen, Mr. [Roger] Sherman and Mr. [Cyrus] Griffin.
Adjourned to 10 o'Clock on Monday.
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