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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, SEPTEMBER 26, 1780
A letter, of 21, from Monsr du Buisson was read:
Ordered, That it be referred to the Board of War,
A representation of James Davidson and James Cannon was read:
Ordered, That it be referred to the Board of Admiralty to report specially.
A petition of William E. Godfrey and a memorial of the united Ilionois and Wabash land companies, were read:2
[Note 2: 2 Godfrey's petition, dated September 25, 1780, is in the Papers of the Continental Congress, No. 42, III, 220.]
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A report from the Board of War was read; Whereupon,
Resolved, That the resignation of Lieutenants George Sexton and Benjamin Butterfield and Ensign Reuben Church, of Colonel Warner's regiment, be accepted.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 571.]
A report from the Board of War was read, respecting Mr. Garanger.
War Office Sept 26, 1780
Sir
In pursuance of the directions of Congress contained in their Resolution of the 10th June 1779 Monsr Garanger proceeded to camp and has remained there in order to exhibit proofs of his capacity as a Bombardier and Artillerist, but as he alledges, he has not had an opportunity of evincing his "talents and merit" owing to a scarcity of powder and it being thought best by the Corn. in Chief and General Knox to wait for the siege of some fortified place that the public service and the proof required might be carried on at the same expenditure of ammunition. Monsr Garanger expresses much uneasiness at his situation and is now at Philadelphia desirous of returning to the army and wants money to bear his expences on the journey; but as he is not in the service and except his being a probationer may be considered as entitling him to some allowance, the Board do not think themselves authorized to grant his request as to money nor can we report finally on his case until he produces the certificate required in the above mentioned resolution. We therefore are under the necessity of troubling Congress with a state of the matter, that if they are of opinion Monsr Garanger should receive a sum of money they may be pleased to direct,
That a Warrant issue on the Treasurer in favor of Monsr Garanger for five thousand dollars to enable him to bear his expences during his stay in Philadelphia and on his journey to camp.2
[Note 2: 2 This report is in the Papers of the Continental Congress. No. 147, IV, folio 567.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [John] Fell, Mr. [Ezekiel] Cornell and Mr. [Artemas] Ward.
Mr. [Theodorick] Bland laid before Congress a letter, of the 4, from John Timberlake, which was read:
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Ordered, That it be referred to the Board of War.
A letter, of this day, from Luke Knoulton, and a remonstrance of Ira Allen and Stephen R. Bradley, were read.1
[Note 1: 1 Timberlake's letter is in the Papers of the Continental Congress, No. 78, XXII, folio 423; that of Knoulton in No. 40, I, folio 571; Alien and Bradley's remonstrance, dated September 22, on folio 575.]
The Board of War, to whom was referred the petition of Captain Rice, for leave of absence to go to sea, in order to enable him to continue in the service, or if that cannot be obtained, to have leave to resign, report,
That they are fully sensible of the merit and services of Captain Rice, and are well assured he has injured his circumstances considerably in the service; yet the granting his request for leave of absence to go to sea, would introduce such a number of similar applications, and would also create such embarrassments about the exchange, in case of a capture, that the Board think it would be best to reject the practice in the first instance:2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 575.]
Resolved, That Congress agree to the said report:
Resolved, That the resignation of Captain Joseph Rice, of the 4th regiment of artillery, be accepted.
Resolved, That the order of the day respecting the jurisdiction of the tract of country commonly called the New Hampshire Grants be postponed to 6 o'Clock.
Congress took into consideration the report of the committee on the motion of Mr. [Samuel] Adams;
The Committee to whom was referred the motion of Mr Adams, Report that,
Whereas her Imperial Majesty of all the Russias, animated with the clearest sentiments of Justice, equity and moderation, and a strict regard to the unquestionable rights of neutrality and the most perfect freedom of Commerce that can consist with such neutrality has notified both to the belligerent and neutral Powers, the following propositions to which his Most Christian Majesty, the Illustrious ally
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of these United States and his Catholic Majesty two of the Belligerent Powers, and most of the neutral maritime Powers in Europe have acceded, to wit:
1. That Neutral vessels may sail, without being liable to molestation from port to port and along the coasts of nations at war.
2. That the effects belonging to the subjects of powers at war should be free in neutral vessels, excepting only contraband.
3. That in ascertaining what shall be deemed contraband the Empress will hold herself bound by that which is declared in the 10 and 11 articles of her Treaty of Commerce with Great Britain, and extend the obligations contained in those articles to all the powers at war.
4. That to determine when a port shall be said to be blocked up, this term shall only be applied to that where a sufficient number of vessels belonging to the power that invests it are stationed so near as evidently to render the entrance into it hazardous.
5. That the principles above stated ought to serve as a rule in all proceedings whenever there is a question concerning the legality of captures.
The Congress of the United States of America willing to testify their moderation and regard to the fights of neutrality and freedom of commerce, as well as their respect for the powers and potentates who have adopted the propositions aforesaid have
Resolved, That all Neutral vessels have by the Law of Nations a right to navigate freely to and from the ports and on the coasts of powers at war, when not prohibited by treaty or municipal law.
That in the cases aforesaid the effects of belligerent powers, or belonging to their subjects shall be free in neutral vessels except always contraband. That the term contraband be confined to those articles expressly declared such by the -- article of the Treaty of amity and Commerce of the 6th day of February 1778 between his Most Christian Majesty and these United States.
That with regard to ports or places blocked up or closely invested, none shall be considered as such but those which by a siege or blockade are so closely invested that an attempt cannot be made to enter such ports or places without evident danger.
That the above principles serve as a rule in all proceedings of justice in the United States on all questions of capture.
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That all captains and commanders of armed vessels whether public and of war or private holding commissions from and under the United States of America in Congress assembled be and hereby are strictly enjoined and required to observe the propositions above stated as a rule of conduct and govern themselves accordingly, and that the Board of Admiralty in the Instructions which they may give, and the Maritime Courts or Courts of Admiralty of the several states, and the Court of Appeals in the Cases of Captures in their several proceedings and adjudications concerning the legality of captures determine and decide agreeably to the principles aforesaid.
Ordered that the Committee of Foreign affairs transmit copies of the above act to the Minister Plenipotentiary of these States at the Court of Versailles to be by him communicated to the Neutral Powers in Europe and others whom it may concern.1 and on the question, the same was postponed; and a motion was made by Mr. [Robert R.] Livingston, seconded by Mr. [John] Mathews in the following terms:
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, I, folio 337.]
Congress have considered the declaration of the Empress of all the Russias, relative to the rights of neutral vessels. The regulations it contains are useful, wise and just. The acts of a sovereign who promotes the happiness of her subjects and extends her views to the welfare of nations, who forms laws for a vast empire and corrects the great code of the world, claim the earliest attention of a rising republick; therefore,
Resolved, That the Board of Admiralty report instructions for the commanders of armed vessels commissioned by the United States, conformable to the principles contained in the said declaration.
Resolved, That copies of the above resolution be transmitted to the Ministers of the United States respectively, and to Monsr de Marbois, chargé des affaires, from his Most Christian Majesty.
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A motion was made by Mr. [Timothy] Matlack, seconded by Mr. [Roger] Sherman, that the foregoing motion be committed; and on the question, the yeas and nays being required by Mr. [Robert R.] Livingston,
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So it was resolved in the affirmative.
Resolved, That the committee consist of three:
The members chosen, Mr. [Samuel] Adams, Mr. [Robert R.] Livingston and Mr. [Theodorick] Bland.
Ordered, That the report of the committee on Mr. [Samuel] Adams' motion, which was postponed, and a motion of Mr. [Theodorick] Bland, be referred to the said committee.
A letter, of 24, from Major General Greene was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 155, I, folio 435.]
SIX O'CLOCK P. M.
Congress met, but the agent for New Hampshire being thro indisposition unable to attend,
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Ordered, That the order of the day be postponed till to morrow, and taken up immediately after reading the journal.
Adjourned to 10 o'Clock to Morrow.
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