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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, OCTOBER 4, 1780
Mr. [William] Sharpe, a delegate for North Carolina, attended and took his seat in Congress.
A letter, of this day, from Lieutenant Colonel Ternant was read:
Ordered, That it be referred to the Board of War.
A letter from J. Hiltzeimer was read:2
[Note 2: 2 Ternant's letter is in the Papers of the Continental Congress, No. 78, XXII, folio 433; Hiltzheimer's letter, dated October 3, 1780, is in No. 78, XII, folio 105.]
Ordered, That it be referred to the Board of Treasury.
A letter, of July 8, from Mr. Dumas was read:
Ordered, That it be referred to the Committee of Foreign Affairs.
A motion was made by Mr. [Ezekiel] Cornell, respecting brevet officers:
Ordered, That it be referred to the Board of War, to report thereon with all convenient dispatch.
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The delegates for Virginia laid before Congress a letter of 22 September, from Governor Jefferson, which was read; Whereupon,
Resolved, That the same be referred to the Board of War, and that so much of the 20,000 pounds sterling directed by a resolution of 2 instant, to be drawn on the honorable J. Jay and the honorable H. Laurens, as shall remain after discharging the debts due to Messrs. Tracey and Company, and advancing seven thousand pounds sterling to Mr. W. Binham, be appropriated to the providing and transporting arms for the troops raising in Virginia for continental service.1
[Note 1: 1 This resolution was also entered in the manuscript Secret (Domestic) Journal.]
The committee, to whom was referred the letter, of 26 September, from General Washington, brought in a report; Whereupon,
Resolved, That the Board of War be and hereby are directed to erase from the register of the names of the officers of the army of the United States, the name of Benedict Arnold.
A deposition of Benjamin Slade was read:2
[Note 2: 2 Slade's deposition, made Oct. 4, 1780, is in the Papers of the Continental Congress, No. 19, V, folio 487.]
Ordered, That it be referred to a committee:
The members chosen, Mr. [Timothy] Matlack, Mr. B[enjamin] Huntington and Mr. [William Churchill] Houston.
The committee, to whom was re-committed the report on the motion of Mr. [Samuel] Adams, relative to the propositions of neutrality by the Empress of Russia, delivered in a report:
Ordered, That the consideration thereof be assigned for to morrow.
The committee on the petitions of P. Bensey and John S. Phillips, delivered in a report.
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Congress took into consideration the report on the instructions to the delegates of Virginia, and the extract of the honorable J. Jay's letter of 26 May, which being amended, was unanimously agreed to.
On the report of a committee to whom were referred certain instructions to the delegates of Virginia by their constituents, and a letter of the 26th May, from the honourable John Jay, Congress unanimously agreed to the following instructions to the honourable John Jay, minister plenipotentiary of the United States of America at the court of Madrid.
That the said minister adhere to his former instructions respecting the right of the United States of America to the free navigation of the river Mississippi into and from the sea; which right, if an express acknowledgment of it cannot be obtained from Spain, is not by any stipulation on the part of America to be relinquished. To render the treaty to be concluded between the two nations permanent, nothing can more effectually contribute than a proper attention, not only to the present but the future reciprocal interests of the contracting powers.
The river Mississippi being the boundary of several states in the union, and their citizens, while connected with Great Britain, and since the revolution, having been accustomed to the free use thereof in common with the subjects of Spain, and no instance of complaint or dispute having resulted from it, there is no reason to fear that the future mutual use of the river by the subjects of the two nations, actuated by friendly dispositions, will occasion any interruption to that harmony which it is the desire of America, as well as of Spain, should be perpetual. That if the unlimited freedom of
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the navigation of the river Mississippi, with a free port or ports below the 31st degree of north latitude, accessible to merchant ships, cannot be obtained from Spain, the said minister, in that case, be at liberty to enter into such equitable regulations as may appear a necessary security against contraband; provided the right of the United States to the free navigation of the river be not relinquished, and a free port or ports, as above described, be stipulated to them.
That with respect to the boundary alluded to in his letter of the 26th of May last, the said minister be and hereby is instructed to adhere strictly to the boundaries of the United States as already fixed by Congress. Spain having by the treaty of Paris ceded to Great Britain all the country to the north-eastward of the Mississippi, the people inhabiting these states, while connected with Great Britain, and also since the revolution, have settled themselves at divers places to the westward near the Mississippi, are friendly to the revolution, and being citizens of these United States, and subject to the laws of those to which they respectively belong, Congress cannot assign them over as subjects to any other power.
That the said minister be farther informed, that in case Spain shall eventually be in possession of East and West Florida, at the termination of the war, it is of the greatest importance to these United States to have the use of the waters running out of Georgia through West Florida into the bay of Mexico, for the purpose of navigation; and that he be instructed to endeavour to obtain the same, subject to such regulations as may be agreed on between the contracting parties; and that as a compensation for this, he be
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and hereby is empowered to guaranty the possession of the said Floridas to the crown of Spain.1
[Note 1: 1 These instructions were entered only in the manuscript Secret Journal, Foreign Affairs. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 78.]
Adjourned to 10 o'Clock to Morrow.
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