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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, JANUARY 28, 1780
An extract from the minutes of the general assembly of the State of Pennsylvania, was laid before Congress, purporting that the House have appointed a committee for conferring with Congress and the executive council, on the supply of flour demanded of this State, &c., and authorising the committee to request a conference with the honorable Congress, or a committee thereof, on the business aforesaid.2
[Note 2: 2 This communication is in the Papers of the Continental Congress, No. 69, II, folio 173.]
Resolved, That a committee of three be appointed to confer with the committee of the general assembly of the State of Pennsylvania, on the subject afore mentioned.
The members chosen, Mr. [Roger] Sherman, Mr. [Robert R.] Livingston, and Mr. [James] Forbes. A report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Mr. Robert R. Livingston, for forty six thousand six hundred and sixty six dollars and sixty ninetieths of a dollar,
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to discharge a draught, of the 25th instant, in his favour for the like sum made by Ephraim Blaine, Esquire, commissary general of purchases, the same to be charged to the said commissary general, for the use of his department.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 59.]
Sundry motions being made for settling the accounts of agents for prizes, &c. for disposing of ships and vessels, and for establishing regular packets between the United States and France,
Ordered, That they be referred to the Board of Admiralty. A motion being made for transferring the business of the Committee of Commerce to the Board of Admiralty:
Ordered, That the same be referred to the Board of Admiralty and Committee of Commerce. A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of Charles Pettit; assistant quarter master general, the following warrants amounting to the sum of eight hundred and fifty thousand dollars, issue in his favour on account of Major General Greene, quarter master general, for the use of his department; and for which he is to be accountable, viz.
One on Joseph Borden, commissioner of the continental loan office, for the State of New Jersey, for six hundred thousand dollars; and
Another on Abraham Yates, Junior, commissioner of the continental loan office, for the State of New York, for two hundred and fifty thousand dollars.
That a warrant issue on the treasurer, in favour of Mr. [Nathaniel] Peabody, one of the delegates for the State of New Hampshire, on his application, for four thousand dollars, for which the said state is to be accountable.
Whereas the drawing of the blanks as well as the prizes in the second class of the United States lottery has been
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attended with great and unnecessary expence and delay, and the drawing of the prizes only is equally secure and advantageous to the adventurers; therefore,
Resolved, That the Board of Treasury be authorized to direct the managers of the United States lottery to draw the prizes only, in the third class of the said lottery; and that in case any of the tickets should remain unsold at the commencement of the drawing, to continue the sale in the place where the lottery is drawn, under the direction of the said Board.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 57.]
Ordered, That the report of the Board of Treasury relative to the allowance of managers of the lottery be re-committed.
The committee appointed to receive the communications of the minister of France, reported the following extracts and summary:
Extract of a despatch from lord Weymouth to lord Grantham, dated March 16, 1779.
My language to the marquis of Almodavar, flowing from my ardent desire of peace, has gone too far, and failed in precision, if it imported a disposition to exchange the royal honour and manifest rights, for a decent exterior and plausible temperature. Let France propose her complaints, pretensions, or points of any kind whatever, and an adequate answer will be given: Or let there be a truce for a certain time between Great Britain and France, during which period the pretensions of one and the other may be adjusted through the good offices of his Catholick Majesty. Let the colonies propose their complaints, and the conditions for their security and caution by which may be re-established
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the continuance and authority of a lawful government; we shall then see if we can come to a direct and immediate agreement. Or, if they also prefer the method abovementioned, let there be likewise a truce made with North America, that is, a real truce, and effective suspension of hostilities, during which the liberty and effects of all sorts and classes of persons may be re-established and secured, and all violence suspended on one side and the other, against the respective individuals and the estates or effects they possess. In these truces the French may treat of their own peculiar matters without giving the umbrage which would be inevitable if they mixed in the negotiation their own particular advantages with the supposed interests of those whom France affects to call her allies: And his Britannick Majesty may establish the government of his own dominions, without the disagreeable circumstance of receiving the conditions relative thereto from the hands of a declared enemy.
The ultimatum of the propositions made by the Catholick King to the two courts of Paris and London.
If these openings or propositions had come immediately after the king had made his for the forming of a plan of reconciliation, many difficulties might have been removed, or adjusted, by the modifications which it might have been practicable to have negotiated, if reciprocal good faith had existed, and a confidence to conclude a peace. But having lost more than two months' time, without mentioning what had been uselessly spent before, and that during this interval there was no cessation in great preparations for war, suspicions inevitably arise, that the object of England is
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to consume the remaining months of the campaign, and to continue the war with vigour. If this be the case, every attempt of the king will be useless towards establishing concord between the belligerent powers. Nevertheless his Majesty, willing to give the last proof of his love of humanity, and to demonstrate that he has left nothing undone to impede and put a stop to the calamities of war, has commanded that the following plan be proposed to the two courts, which on his part is the ultimatum of his negotiation: That there shall be a suspension of arms with France without limitation, and under this condition--that neither of the belligerent powers shall break it without giving the other one year's previous notice. That with a view that this suspension of hostilities may re-establish reciprocal security and good faith between the two crowns, there shall be a general disarming, within one month, in all the European; within four, in those of America; and within eight, or one year, in the most remote parts of Africa and Asia. That in the space of one month a place shall be fixed upon, in which the plenipotentiaries of the two courts shall meet to treat of a definitive adjustment of peace, regulate the respective restitutions or compensations necessary in consequence of the reprisals that have been made without any declaration of war, and to settle such matters of complaint or pretensions, as the one crown may have against the other; to the accomplishment of which end, the king will continue his mediation; and does now, for the holding of this congress, make an offer of the city of Madrid. That a like suspension of hostilities shall be separately granted by the king of Great Britain to the American colonies, through the intercession and
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mediation of his Catholick Majesty, to whom the king of Great Britain shall promise the observance thereof, and with the condition not to break it, without giving his majesty one year's previous notice, in order that he may communicate the same to the said American provinces: And that there be a reciprocal disarming, the same as with France, in the same times and places, regulating the limits that shall not be passed by the one or the other party, with respect to the places they may respectively occupy at the time of ratifying this arrangement. That for settling these particulars and others relative to the stability of the said suspension, and the effects it may produce while it subsists, there shall be sent to Madrid one or more commissaries on behalf of the colonies; and his Britannick Majesty shall also send his, under the mediation of the king, if necessary; and that in the mean time, the colonies shall be treated as independent in fact. Finally, in case all the belligerent powers, or any one of them, or if only the said colonies demand that the treaties, or agreements, which shall be concluded, be guarantied by these powers and by Spain, the same shall be done. And the Catholick King now makes an offer of his guarantee to these preliminaries.
Extract of an answer of the court of London to the propositions contained in the ultimatum of Spain, dated May 4, 1779.
The propositions of the Catholick King tend directly to the end which Spain had proposed, to form, from the pretensions of the colonies to independence, one common cause with them and with France. If the
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conditions which the Court of Versailles had communicated to his Catholick Majesty do not present a better aspect than this for the treaty, or do not offer less imperious and less unequal terms, the king of Great Britain has only to lament that he finds the hopes frustrated, which he had always conceived, of a happy restoration of peace, as well for his own subjects, as the world in general.
The committee appointed to receive the communications of the honble the Minister Plenipotentiary of France, having conferred with the Minister, laid before Congress a summary of the said communications.
A summary of the communications made by the minister to the committee, and by them reported to Congress, January 28, 1780.
The minister of France informed the committee, that he had it in command from his king to impress upon the minds of Congress, That the British cabinet have an almost insuperable reluctance to admit the idea of the independence of these United States, and will use every possible endeavour to prevent it. That they have filled several of the courts of Europe with negotiations, in order to excite them to a war against France, or to obtain succours; and are employing the most strenuous endeavours to persuade the several powers that the United States are disposed to enter into treaties of accommodation. That many persons in Europe are actually employed in bringing such treaties to perfection; and that they have no doubt of their success. That the objects which the British cabinet hope for from those measures are, to destroy the superiority which France has now at sea, by diverting her powers
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and resources from naval to land operations, and by engaging her in a land war, where she must risk very important interests, while England would risk nothing but money; or to break, or weaken the alliance, by destroying the confidence which the allies ought to have in each other. That his most Christian Majesty gives no credit to the suggestions of Britain relative to the disposition of the United States; and it is necessary that measures be taken for the preventing of other powers from being deceived into a belief of them. That the negotiations of Britain, as far as could yet be learned, had not succeeded. That the dispositions of all the European powers are, as far as can be known, very friendly to France; but some of them may be engaged in secret treaties with Britain, which may oblige them, in some event, to assist her with troops even against their inclinations. That such event may arise, and if it should, it is probable it will produce an armed mediation, the consequences of which would be, that the allies must accept of the terms proposed by the mediator, or continue the war under the disadvantage of having the forces of the mediator united with those of their enemies. That, in such event, it is possible the terms proposed will be such as Spain offered, and Britain rejected, in the last proposed mediation. That, though the powers who may be under such engagements by treaty to Great Britain, from their friendly disposition towards his most Christian Majesty, may be very unwilling to give assistance to his enemies, yet they may find it indispensably necessary in compliance with their engagements; but it is not improbable that their reluctance, or the distance of their dominions, may delay such assistance, if granted at all, so as to
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be too late for the next campaign. That should the enemy be in possession of any part of the United States, at the close of the next campaign, it will be extremely difficult to bring Great Britain to acknowledge their independence; and if a mediator should be offered, while the enemy is in possession of any part, an impartial mediator could not easily refute the arguments which might be used for its retaining such possessions. And probably a mediator well disposed towards Great Britain might insist on her holding them; and if not agreed to, the hostility of such a mediator would be the necessary consequence. That should Great Britain form such alliances, or procure such aid as are the objects of her present negotiations, there will be every reason to fear a long and an obstinate war, whereof the final event may be doubtful. That this view of affairs plainly points out the necessity for the greatest possible vigour in the operations of the next campaign, in order to dispossess the enemy of every part of the United States, and to put them in condition to treat of peace, and accept of a mediation, with the greatest advantage; and the preparations for it ought to be as speedy and as effectual as possible. That France and Spain are prepared to make a very powerful diversion, and will exert themselves most strenuously for preserving and improving their naval superiority, and for employing the powers of the enemy in Europe and the West Indies. The minister declared, as from himself, that he doubted not his most Christian Majesty will spare some ships to the United States, if it can be done without endangering his superiority at sea; and that an application made to the minister informally is more eligible than to the king, because it would give his
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Majesty great pain to refuse the request, though he might be in no condition to grant it. That at all events supplies should be prepared on a supposition that the ships will be granted; and such supplies should be put into the hands of the agent for the marine of France, and considered as the king's property.
He desires to be informed, as far as Congress may deem proper, what force the United States can bring into the field next campaign? On what resources they rely for their maintenance, and necessary appointments? And what shall be the general plan of the campaign, on supposition either of having, or not having, the aid of ships of war? He gives it as his opinion, that an application for clothing may be made to his most Christian Majesty with prospect of success; and although measures have been taken for sending arms and warlike stores to America, yet it would be prudent in Congress not to neglect any other means for procuring those supplies, or supplies of clothing.1
[Note 1: 1 These extracts and communications were entered only in the manuscript Secret Journal, Foreign Affairs. The report of the committee, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 25, I, folio 173. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton) III, 481.]
Ordered, That it be referred to the said committee, and that they report thereon.
Congress took into consideration the report of the committee on the letter from Major General Greene, quartermaster general, relative to the claim of Mr. S. Moore, and some time being spent thereon,
Ordered, That it be re-committed.2
[Note 2: 2 The report which was considered is endorsed by Thomson: "Delivered in January 28, 1780." It is the same, except for a few verbal changes, as the report delivered in January 25, and is in the writing of Ezra L'Hommedieu. It is in the Papers of the Continental Congress, No. 19, IV, folio 91.]
Adjourned to 10 o'Clock to Morrow.
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