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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 21, 1780
A letter, of September 3, from George Howell was read.
A letter, of 18, from the Board of War was read, inclosing a letter, of October 26, from Thomas Wylie:
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Ordered, That the same be referred to the Board of War.
ordered, That a member be elected for the Board of War:
The member chosen, Mr. [Ezekiel] Cornell.
A memorial of the owners of Tinicum island was read:1
[Note 1: 1 This memorial, undated, is in the Papers of the Continental Congress, No. 41, X, folio 117.]
Ordered, That it be referred to the Board of Treasury.
The committee, to whom was re-committed their report on Mr. Blaine's letter of the 12th; and
The Committee to whom was recommitted their Report on the letter from Ephraim Blame Commissary General, of the 12th instant, and a letter from Robert Forsyth one of his Deputies, of the 13 instant, submit the following report,
That there are emergencies in which a general Embargo may be necessary for the publick safety, the experience of all commercial nations hath evinced.
That this power ought to be exercised by Congress, as the supreme superintending government over the United States, seems manifest; from the distance of many of the States from Congress; the different periods of assembling their Legislatures; their remoteness in some instances from information; the possibility of one or a few States not seeing, or being unwilling to yield to the necessity of the restraint, however obvious to the General Council; and the danger that, without the cooperation of all, the good end of the embargo might be totally frustrated, and a foundation laid for jealousy and distrust.
That upon these principles Congress by their Act of the 8th day of June 1778; Resolved, that an embargo should be and it thereby was laid, prohibiting the exportation of the articles of provision therein enumerated for a limited time, and it was recommended to the respective States to take the most effectual measures for carrying the said resolution into immediate execution.
That Congress have found it necessary from time to time to renew the said embargo and that it now remains in full force. And that it has met with the approbation of, and been enforced by the respective States,
That on the 22d of May last on a representation of his Excellency: Joseph Reed Esqr President of the State of Pennsylvania, Congress resolved, that it was highly inexpedient for any of the States to permit
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the exportation of provisions to foreign parts until the exigencies of the publick service should be more fully ascertained and provided for; That it was thereby most earnestly recommended to the State of Delaware to permit the exportation of provision from that State and to continue the same until it shall be consistent with the publick safety that the like embargoes should be discontinued in all the United States.
That reiterated representations have been made by the Commander in Chief that the army is distressed for provisions, and that no time ought to be lost in forming magazines for their subsistence, while the season admits of transportation. That the most urgent requisitions are daily making by Congress to the respective States to send forward their quotas of supplies, but without adequate success. That notwithstanding the embargo; the pressing calls of the publick; the deficiency of the magazines, and the distresses of the army; it hath been represented by the Commissary General that several vessels loaded with provisions now lie in the river Delaware ready to proceed to sea. That this is a circumstance the more alarming as it appears by a proclamation of the Governor of Maryland dated the 30th. day of September last that the embargo shall only remain in force within that State upon condition that the trade of Delaware Bay shall not be open for the emolument of the people residing on its waters, or in its vicinity.
That it is impracticable to carry on the war with vigour or success unless the resolutions of Congress dictated by a sense of duty and of the publick necessities are carried into effect, and that it ought to be expected that every State will cheerfully concur in the measures which at this critical conjuncture shall be directed for the supply of the army, and the publick safety.
That the supreme executive council of the State of Pensylvania have on the 17th of this instant November, represented to Congress the injustice of exporting provisions from the State of Delaware while the embargo was rigorously observed in the Port of Philadelphia. That if the flour so exported had been the product of the State of Delaware, it would have been of little consequence, but that it was well known that much the greater part of these exports, probably four fifths were the produce of Pensylvania. That this conduct appears to the said Supreme executive council to be the more extraordinary as the Commissary General had informed them that the State of Delaware had not furnished a single barrel of the quantity required
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from them by Congress, and that the injury done to the trade of Pensylvania, as well as to the supply of the army, would not suffer them any longer to be unconcerned spectators, and that Congress would be too just and reasonable to expect a restriction to be observed in Pensylvania which only tended to distress that State without any publick benefit. That there were six or seven vessels belonging to Philadelphia then loading at Wilmington in the Delaware State with supplies designed for the army and actually paid for by the State of Pensylvania, and which were diverted from their destination, so that unless some more efficacious method to enforce the recommendations of Congress in that respect could be adopted they saw no prospect of affording any further supplies to the army, and that the continuance of the embargo in Pensylvania must entirely depend on the observance of similar restrictions in the adjoining States.
And lastly your Committee are of opinion that it is a duty incumbent on Congress to cause the strictest enquiry to be made into a breach of the embargo of such magnitude and which must be attended with the most dangerous consequences.
Whereupon
Resolved, That Congress agree to the report of their Committee,
Resolved, That the Board of Admiralty be directed to take immediate and effectual measures to seize all vessels in the river Delaware loaded for exportation with any of the articles of provisions enumerated in the before recited resolution of the 8th day of June 1778, and for bringing the same into the port of Philadelphia to be proceeded against according to law, and that the said board also take especial care that no vessel loaded with such provision be suffered to proceed to sea until the embargo shall be repealed by Congress.
Resolved that it be earnestly recommended to the State of Delaware to take effectual measures for maintaining the said embargo, and for bringing to condign punishment all persons who have been or shall be guilty of an infraction thereof.
Resolved, that as soon as it shall be made manifest to Congress by the Executives of the respective States that the supplies required from them for the subsistance of the army are effectually secured, the embargo shall be taken off and every possible encouragement afforded to trade and navigation.
Resolved, that an extract of that part of the letter from the Commissary General which respects the supplies from Delaware be transmitted
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to the President of the said State and earnestly recommended to his attention.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, I, folio 375.]
The committee, to whom were referred the letters of the 22 and 23 August from the honorable J. Adams; and
The Committee to whom were referred the letters of Mr. John Adams, of the 22 and 23 of August last, report,
That it evidently appears the British Ministry have abandoned the Idea of conquering the Northern and Eastern states, but that they have serious views (in which they are encouraged to persevere, by their successes in South Carolina and Georgia) of subjugating the Southern states. That the principal part of the British force will be imployed, and the most vigorous efforts made for that purpose in North Carolina and Virginia, during the ensuing Winter and Spring. It is therefore become indispensibly necessary to use every means in our power, effectually to reinforce the Southern army, that the dangerous designs of the enemy in that quarter may be defeated. For this purpose your committee beg leave to offer the following resolutions--
Resolved, That the Commander in Chief be informed, it is the opinion of Congress, his taking the Command of the Southern army in person will be highly important to the welfare of those states.
Resolved, That the Commander in Chief be required immediately to order the Pennsylvania line, and Artillery, to join the Southern army.
Resolved, That the Commander in Chief be directed to take the most effectual measures for an immediate Co-operation of the troops of his most Christian Majesty with the troops of these United States.2
[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, I, folio 11. It was re-committed on January 1, 1781.]
The Committee of Estimates and of Ways and Means, to whom was re-committed their reports, brought in their several reports, which were read.
Congress took into consideration the report of the Committee of Estimates and of Ways and Means, and some progress being made therein,
Adjourned to 10 o'Clock to Morrow.
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