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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, JANUARY 26, 1780
Resolved, That a committee of seven be appointed to receive the communications of the honorable the Minister of France, and report the same to Congress:
The members chosen, Mr. [John] Mathews, Mr. [Robert R.] Livingston, Mr. [Oliver] Ellsworth, Mr. [Elbridge] Gerry, Mr. [Thomas] Burke, Mr. [Cyrus] Griffin, and Mr. [Thomas] McKean.2
[Note 2: 2 These two paragraphs were also entered in the manuscript Secret Journal, Foreign Affairs.]
The committee, to whom was referred the letter, of 19, from General Washington, brought in a report, which was read, and the same being taken into consideration;
The Committee to whom was referred Gen.l Washington's letter of the 19th instant, respecting the exchange of Prisoners, with the papers accompanying the same, having considered the matters therein contained, and conferred with Col. Mathews, Col. Ely and Col. Ramsey on the subject Report as their opinion
That General Washington be informed that Congress had no intention of connecting the settlement or payment of the Accounts against the Convention Troops will the proposed Exchange of prisoners, and
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that he be authorized to proceed to negociate an exchange of Prisoners with all convenient dispatch, on such terms, in all respects, as he may judge most expedient.
That the Resolutions of Congress of the 11th. day of Jany. respecting the penalty for non payment of the money due from the Convention Troops be repealed; and that the Board of Treasury suspend the requisition for payment of said money until the proposed negociation for exchange of Prisoners is finished.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, VI, folio 279. The preceedings following were also entered in the manuscript Secret (Domestic) Journal.]
And the first paragraph being read, viz.
"That General Washington be informed that Congress had no intention of connecting the settlement or payment of the accounts against the Convention troops with the proposed exchange of prisoners, and that he be authorized to proceed to negotiate said exchange with all convenient despatch on such terms, in all respects, as he may judge most expedient"--
An amendment was moved by Mr. [Robert R.] Livingston, seconded by Mr. [Nathaniel] Folsom, by adding "Yet from a change of circumstances, they think it improper to conclude an exchange, till it is agreed as a preliminary article that the accounts be settled and paid."
A motion was made by Mr. [Thomas] McKean, seconded by Mr. [John] Penn, to postpone the consideration of the paragraph and amendment, in order to consider the following proposition:
"That the General be informed it is the wish of Congress that the exchange of prisoners, upon principles of equality, should proceed at all events; but that they also hope it may be practicable, in the course of the business, to obtain an assurance, that the accounts for the subsistance of the Convention troops shall be liquidated and paid, by retaining a number of them, not less than five hundred, to secure this
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measure, or otherwise; that, however, Congress submit the whole to his wisdom and prudence."
On the question for postponing, "for the purpose above-mentioned," the yeas and nays being required by Mr. [John] Fell,
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So it passed in the negative.
On the question to agree to the amendment, the yeas and nays being required by Mr. [John] Fell,
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So it passed in the negative.
The main question being amended so as to read--"That General Washington be authorized to proceed to negotiate an exchange of prisoners with all convenient despatch, on such terms, in all respect, as he may judge expedient"--
On the question to agree to this, the yeas and nays being required by Mr. [John] Fell,
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So it was resolved in the affirmative.
The next paragraph in the report was read, viz.
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"That the resolution of Congress, of the 11 of January, instant, respecting the penalty for non-payment of the money due from the Convention troops be repealed:
"And that the Board of Treasury suspend the requisition for the payment of the said money, until the proposed negotiation for exchange of prisoners is finished".
A division was called for; and the question on the first part passed in the affirmative.
On the question to agree to the second paragraph, viz.
"And that the board of treasury suspend," &c. the yeas and nays being required by Mr. [John] Fell,
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So it was resolved in the affirmative.
On the question to agree to the whole as amended, viz.
That General Washington be authorised to proceed to negociate an exchange of prisoners, with all convenient dispatch, on such terms in all respects as he may judge expedient.1
[Note 1: 1 From this point the entries are in the writing of George Bond.]
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That the resolution of Congress of the 11th instant, respecting the penalty for non-payment of the money due from the Convention troops be repealed. And that the Board of Treasury suspend the requisition for payment of said money, until the proposed negotiation for exchange of prisoners is finished.
The yeas and nays being required by Mr. [Nathaniel] Peabody,
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So it was resolved in the affirmative.
Adjourned to 10 o'Clock to Morrow.1
[Note 1: 1 Charles Thomson resumes the entries here.]
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