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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 --TUESDAY, JUNE 20, 1780
A letter, of 18, from General Washington was read, with sundry papers enclosed:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VIII, folio 603.]
Ordered, That a copy thereof be transmitted to the president and the supreme executive council of the State of Pensylvania, and recommended to their immediate consideration, and that they be requested as soon as possible, to inform the General of the measures taking for a compliance therewith, so far as the same respects the said Stage.
That so much thereof as relates to a communication with the southern states be referred to the Committee on the Post Office.
A report from the Board of Treasury was read; Whereupon,
Treasury Office June 17. 1780
Whereas sundry persons employed under the immediate direction of this Board, in various departments, whose services cannot be dispensed with, and whose places cannot be supplied, are now called upon by the State to render their respective services in the field with others of the militia called into actual duty,
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The Board beg leave to submit the following Resolution
Resolved, That the Board of Treasury be empowered to pay the fines,Postponedor otherwise indemnify all such persons as may be necessarily employed in the business of the Treasury.
Ordered, That on the application of Charles Pettit, assistant quartermaster general, on account of Major General Nathaniel Greene, Q. M. G. accompanied with estimates approved by the Board of War, a warrant issue on the treasurer in his favour, for three hundred thousand dollars, for the purpose of transporting necessary supplies from Trenton to the main army;
And that another warrant issue on John Stevens, treasurer of the State of New Jersey, for one hundred and twenty thousand dollars (part of the monies raised in the said State for the use of the United States) to enable Daniel Marsh, deputy quarter master, to cover the like sum obtained from the said State and applied in the department of the said quarter master general, for both which sums the said quartermaster general is to be accountable.
That on the application of Jacob Hiltzheimer, a warrant issue on the treasurer in his favour, for forty thousand dollars for the purpose of purchasing forage for the horses under his care, for which the said Jacob Hiltzheimer is to be accountable:
The Board having considered the Memorial of Sidney Paul, referred to them by Congress report,
Referred to Committee That on the 28th day of September 1779 the Commissioners Passed June 26. of accounts reported to Congress, that a Warrant issue in favor of George Morgan for eight thousand five hundred and sixteen dollars and thirty one ninetieths of a dollar, on the account exhibited to them by George Morgan aforesaid of the expenses of the Delaware Chiefs in which is included the demand set forth in the memorial aforesaid to which report the Board beg leave to refer Congress1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, IV, folio 353.]
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Ordered, That so much of the report as relates to the memorial of Sidney Paul, together with the said memorial, be referred to a committee of three:
The members chosen, Mr. [John] Walker, Mr. [Edward] Telfair and Mr. [James] Henry.
On motion of the delegates of South Carolina, pursuant to an application from Governor Rutledge, stating the necessity he has been under of purchasing many articles for the use of the troops since he left Charlestown, and requesting, as in the present situation of that State, he has no other means of paying for the same than by draughts on Congress, that his draughts may be honoured.
Resolved, That the Board of Treasury, until the further order of Congress, be authorised to accept the bills drawn by Governor Rutledge for the above purpose, to be paid at the election of the holder, either in loan office certificates or in cash, with interest, as soon as the treasury shall be in condition; for which the State of South Carolina is to be accountable; and that the Board of Treasury, from time to time, lay before Congress an account of all such draughts.
Congress took into consideration the report of the committee on the memorial of William Bingham; Whereupon,
The Committee to whom were referred the memorial of Wm Bingham late Continental Agent in the French Islands in the West Indies, having considered the same and examined Mr Bingham touching the matters contained therein, are Humbly of opinion
1st That the vessel called the Hope and her cargo claimed to be lawful prize by the owners of the private armed ShipPostponed. Pilgrim does not appear from the inspection of the papers to have been British property or subject to condemnation as such.
Resolved, That the general of Martinique, in ordering the cargo of the brig Hope to be sold, and the money to be deposited in the hands of Mr. W. Bingham, till the legality of the capture could be proved, (no courts being at that time
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instituted for the determining of such controversies ∥captures∥ in that island) shewed the strictest attention to the rights of the claimants, and the highest respect to the opinion of Congress:
That Mr. W. Bingham, in receiving the same; only acted in obedience to the commands of the general of Martinique, and in conformity with his duty as agent for the United States.
Resolved, That Congress will defray all the expences that Mr. W. Bingham may be put to by reason of the suits now depending; or which may hereafter be brought against him in the State of Massachusetts Bay; on account of the brig Hope or her cargo, claimed as prize by the owners, master and mariners of the private ship of war called the Pilgrim.
And whereas the goods of the said William Bingham, to a very considerable amount, are attached in the said suits now depending in the hands of the factors of the said W. Bingham, to his great injury:
Resolved, That the general court of the State of Massachusetts Bay, be requested to discharge the property of the said William Bingham from the said attachment; Congress hereby pledging themselves to pay all such sums of money, with costs of suit, as may be recovered against the said William Bingham in either or both the above actions.
Resolved, That the navy council at Boston be directed to give such security; in the name of the United States, as the court may require, and to direct the counsel now employed by Mr. Bingham in the defence of the said actions.1
[Note 1: 1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 19, I, folio 347.]
Congress took into consideration the report of the Committee of Foreign Affairs, and thereupon came to the following resolutions:
Whereas Congress by their acts and proceedings of the 21, 26 and 30th of October, 1779, did appoint, empower and
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commissionate the honble Henry Laurens, Esq., their agent in the United Provinces of the Low Countries, for obtaining loans of money on behalf of the United States of North America; and whereas the said Henry Laurens hath been hitherto prevented from proceeding on the business of his said agency, and no other person being authorised to transact the same until he, or some other appointed in his stead, shall repair thither and undertake the execution thereof, a favourable occasion of promoting the interests of these States may in the meantime be lost:
Resolved, Therefore, that the honble. John Adams, Esq., now at Paris, be appointed, empowered and commissionated to repair to the said United Provinces of the Low Countries, and there to execute all and singular the duties assigned to the said Henry Laurens, in the acts and proceedings aforesaid, relative to the borrowing of money on behalf1 of these States, until the said Henry Laurens, or some other person appointed in his stead, shall appear to undertake the execution thereof.
[Note 1: 1 From this point the entries are made by George Bond, of the Secretary's Office.]
And whereas Congress, by their act of the 23d of November last, did resolve that bills to the amount therein mentioned should be drawn on the said Henry Laurens, part of which have been already sold and probably remitted:
Resolved, That the said John Adams be authorised and instructed to accept such of the said bills as may be presented previous to the arrival of the said Henry Laurens; or other person appointed in his stead as aforesaid. That such of the said bills as shall be respectively proved by proper testimony to have been received in Holland, previous to the arrival of the said John Adams, shall be paid at the expiration of six months from the time they shall respectively have been received there, notwithstanding the six months sight at
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which they are drawn. That if, in the opinion of Mr. Adams, the state of the business of his present commission as minister plenipotentiary will not admit of his proceeding to Holland, or if at any time, by reason of any disability, he shall be prevented from proceeding therein, the honourable Francis Dana, Esquire, be, and he hereby is, vested with the like powers; and that a conditional commission be sent to him for that purpose.
Ordered, That the Committee of Foreign Affairs and the Board of Treasury transmit to the said John Adams all papers and documents whatsoever necessary for his information and direction in the premises.1
[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 25, I, folio 315.
Here Charles Thomson resumes the entries.]
THE COMMISSION TO JOHN ADAMS, ESQUIRE.
The United States of America in Congress assembled, to the Honourable John Adams, Esquire, Greeting.
Whereas by our commission to the honourable Henry Laurens, esquire, bearing date the 30th day of October, in the year of our Lord, 1779, we have constituted and appointed him the said Henry Laurens, during our pleasure, our agent for and on behalf of the said United States, to negotiate a loan with any person or persons, bodies politick and corporate: And whereas the said Henry Laurens has, by unavoidable accidents, been hitherto prevented from proceeding on the said agency: We, therefore, reposing especial trust and confidence in your patriotism, ability, conduct and fidelity, do by these presents constitute and appoint you the said John Adams, until the said Henry Laurens, or some other person appointed in his stead, shall arrive in Europe, and undertake the execution of the aforesaid commission, our agent for and on behalf of the said United States, to negotiate a loan with any person or persons, bodies politick and corporate, promising in good faith to ratify and confirm whatsoever shall by you be done in the premises, or relating thereunto.
Witness his excellency Samuel Huntington, esquire, President of the Congress of the United States of America, at Philadelphia,
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the 20th day of June, in the year of our Lord, 1780, and in the fourth year of our independence.
Samuel Huntington, President.
Attest.
Charles Thompson, Secretary.
COMMISSION TO FRANCIS DANA, ESQUIRE.
The United States of America in Congress assembled, to Francis Dana, Esquire, Greeting.
Whereas by our commission to the honourable Henry Laurens, esquire, bearing date the 30th day of October, 1779, we have constituted and appointed him the said Henry Laurens, during our pleasure, our agent for and on behalf of the United States, to negotiate a loan with any person or persons, bodies politick or corporate: And whereas the said Henry Laurens having by unavoidable accidents been hitherto prevented from proceeding on his said agency: We have by our commission bearing equal date herewith, constituted and appointed the honourable John Adams, esquire, until the said Henry Laurens, or some other person appointed in his stead shall arrive in Europe, and undertake the execution of his aforesaid commission, our agent to negotiate a loan as aforesaid.
And whereas it may so happen that the said John Adams, by reason of some disability arising from the state of the business of his present appointment, or otherwise, may be prevented from undertaking the execution of the said commission, or having undertaken it, from proceeding therein: We, therefore, reposing especial trust and confidence in your patriotism, ability, conduct and fidelity, do by these presents constitute and appoint you the said Francis Dana, in the event of the disability of the said John Adams, as aforesaid, until the said Henry Laurens, or some other person appointed in his stead, shall arrive in Europe, and undertake the execution of the aforesaid commission, our agent for and on behalf of the said United States, to negotiate a loan with any person or persons, bodies politick or corporate, promising in good faith to ratify and confirm whatsoever shall by you be done in the premises, or relating thereto.
Witness, &c. as before.1
[Note 1: 1 The resolutions were also entered in the manuscript Secret Journal, Foreign Affairs. The commissions are taken from the printed Secret Journal.]
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The committee, to whom were referred the papers relative to loan office certificates, brought in a report, which was read.
The Committee of Foreign Affairs; to whom was referred the letter from Mr. Henry, late governor of Virginia, delivered in a report.
Adjourned to 10 o'Clock to Morrow.
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