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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, NOVEMBER 7, 1780


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Journals of the Continental Congress, 1774-1789
TUESDAY, NOVEMBER 7, 1780

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A letter, of 24 October, from Brigadier General Gist was read.2

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, X, folio 267.]

A report from the Board of Treasury was read:

Ordered, That it be referred to the committee of five to whom was referred a motion on the 28 October.

A report from the Board of Admiralty was read; Whereupon,

Admiralty Office 4th Novr. 1780.

The undersigned begs leave to inform Congress, that the powers delegated to the Honorable Messrs Huntington and Hill, being nearly expired, they will no longer attend this Board, and by the institution three members is required to make a board for the dispatch of business, which is humbly submitted to the Consideration of Congress, by

Their Most Obedient Humble Servant

Fra: Lewis.

To His Excellency
The President Of Congress.3

[Note 3: 3 This report is in the Papers of the Continental Congress, No. 37, folio 513.]

Ordered, That two members be elected for the Board of Admiralty, in the room of Mr. B[enjamin] Huntington and Mr. [Whitmill] Hill, who are absent.

The members chosen, Mr. [John] Hanson and Mr. [William] Sharpe.

A memorial of John Henderson in behalf of Mr. 0. Pollock, was read:


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Ordered, That it be referred to the committee on Governor Galvez's letter, of July 22.1

[Note 1: 1 A marginal note says: "See September 29."]

On motion of Mr. [Theodorick] Bland, seconded by Mr. [John] Sullivan,

Ordered, That a committee of five be appointed to prepare and lay before Congress a plan for arranging the finances, paying the debts and oeconomising the revenue of the United States:

The members chosen, Mr. [John] Sullivan, Mr. [Theodorick] Bland, Mr. [John] Mathews, Mr. [Timothy] Matlack and Mr. [Abraham] Clark.

Congress resumed the consideration of the report of the committee on General Washington's letter, of 7th October; and thereupon came to the following resolutions:2

[Note 2: 2 This paragraph and the succeeding resolutions and vote were also entered in the manuscript Secret (Domestic) Journal.]

The Committee to whom General Washington's Letter of the 7th Instant with sundry other papers were referred beg Leave to Report--

That considering the sufferings of the American officers and soldiers in captivity, the expence and difficulty of supporting and guarding the Convention troops, and the daily desertions which take place among them, Principles of Humanity and Policy unite in Pointing out the necessity of a general exchange upon Liberal and Equitable Terms. Your committee therefore submit the following Resolutions, viz.

Resolved, That General Washington be and hereby is authorised and instructed to effect an exchange of all continental prisoners of war and now in possession of the enemy, and of the hostages given in Canada, as well as of all officers on parole and officers violators of parole, and militia actually taken in arms and admitted to parole under the capitulations of Charlestown and Fort Moultrie an remaining prisoners of war, for an equal number of the Convention troops and other prisoners in our hands, rank for rank; and


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where similar rank will not apply, to pursue the exchange on the footing of composition according to the valuation or tariff agreed on by the commissioners at Amboy in March last.

That the exchange of officers next in rank to such as cannot be exchanged on the principle of equality, be considered and made on the principles of composition.

That all prisoners taken by the American forces in the northern department, and permitted to return home on parole, be considered and exchanged, agreeably to their rank and order of capture.

That the expence incurred for removing and supporting the Convention troops from the time of their capture be adjusted by commissioners to be appointed for effecting the said exchange, and the balance, after deducting the expence due for support of our prisoners in the hands of the enemy, paid prior to the exchange of any part of the said troops.

That General Washington empower the commissioners appointed on his part, in case any dispute should arise respecting the support of the Convention troops, to submit the same to some proper arbitrating power for determination, and to give hostages as a security to refund, in case any part thereof shall be adjudged to have been over paid. But in case the commissioners which may be appointed by the British Commander in Chief will not accede to the above terms, the commissioners appointed by General Washington may propose to them the exchanging the said troops without payment of expence, upon their submitting the same as aforesaid and giving hostages for securing the payment of such sums as may be adjudged justly due.

That all officers be exchanged according to the rank they held at the time of capture; and such of the military as have no regimental rank, by composition, to be settled by the commissioners.


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That a brigadier general be exchanged with each division of the Convention troops, one major general with the first and one with the last divisions; and that Lieutenant General Burgoyne be included in and exchanged with the second division, as his remaining to be exchanged with the third or last is altogether unmilitary and inadmissible.

That hostages be mutually given as a security that the Convention troops and those received in exchange for them do not bear arms prior to the first day of May next.

That General Washington be informed it is not the sense of Congress to make this last article an ultimatum, unless from the present state of our army, the improbability of his being joined by the French troops, or other circumstances, he shall be convinced that the Convention troops will by the exchange be put in a situation to act with the British army at the southward, prior to our having an equal force in readiness to oppose them.1

[Note 1: 1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 19, VI, folio 301.]

On the question to agree to this clause, the yeas and nays being required by Mr. [Willie] Jones,

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So it was resolved in the affirmative.

Resolved, That the Commander in Chief be directed to insist upon the exchange of those persons, prisoners of war under the capitulation of Charlestown, alluded to in the order of the 23 day of September last. and also of Jonathan Bryan, Esquire, and his sons, who were made prisoners of war in the state of Georgia by a party of the enemy, and confined upon Long Island.1

[Note 1: 1 This resolution is in the Papers of the Continental Congress, No. 19, VI, folio 297.]

The committee appointed to prepare a circular letter to the states brought in a draught, which was read:

Ordered, That to morrow be assigned for the consideration thereof.

A motion was made by Mr. [Theodorick] Bland:

Ordered, That it be referred to the Board of War to take order.

A letter, of this day, from the Board of War was read, enclosing a letter, of 27 October, from J. Neilson, D. Q. M. for the State of New Jersey.2

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 148, I, folio 213.]

Ordered, That the same be referred to the committee on the letter, of 30 October [from] Colonel Pickering, Q. M. G.

Adjourned to 10 o'Clock to Morrow.

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