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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 --SATURDAY, DECEMBER 9, 1780
Mr. [John] Witherspoon, a delegate from New Jersey, attended and took his seat.
A letter, of 25 September, from W. Carmichael was read.2
[Note 2: 2 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 69.]
A petition from George Wright and others, prisoners on Long Island, was read:
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Sullivan, Mr. [Abraham] Clark, Mr. [Samuel] Atlee.
On motion of Mr. [Theodorick] Bland, a member of the Medical Committee,
Ordered, That the purveyor and apothecary be directed to issue medicines and refreshments necessary for the transient sick which may be, from time to time, under the care of Doctor Maus, as is done in the general hospital, he making returns of such sick in the manner directed in the hospital regulations to the director, and signing receipts for such stores as are issued to him.
Ordered, That Doctor Maus report to the commanding officer at the barracks such officers as are appointed to act
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under him as surgeon to the transient sick, in case of misdemeanor, in order that they be tried for misconduct or neglect of duty by a garrison court martial.1
[Note 1: 1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 36, IV, folio 435.]
The committee, to whom was referred the motion of the delegates of georgia; and
The committee, to whom was referred the motion of the Delegates of Georgia; Beg leave to report
That the several acts of the 29th. of March 1779, recommending the Levy of Blacks for the defence of Georgia and South Carolina, were never received by the Legislature of the former, and consequently, could not be carried into execution by that State. That although the measure was not adopted in South Carolina at that time, the necessity of the present juncture, and the difficulty of compleating the Continental quotas of those States in the ordinary method makes it incumbent on them to employ this resource for their own and the general Interest.
Your Committee therefore submit the following Resolutions viz.
Resolved, That an officer be appointed to levy a Corps of one thousand able bodied negroes in Georgia and South Carolina, under the authority of the Executives of those States and that the said Executives be requested to give every possible support to the measure.
Resolved, That the said Corps be officered and organized under the directions of the Commanding officer in the Southern Department, who is to give every necessary assistance in procuring the said Levies.
That the officers be taken from such as may be spared from the Continental Line in the first instance and then from reduced officers, the preference being given to those of Georgia and South Carolina in proportion to the number of Levies obtained which officers are to be entitled to the same pay and Emoluments as other officers of equal rank in the Continental army.
Resolved, That the conditions offered to the Black Soldiers, be the same as expressed in the act of the 29th. of March 1779, and that Congress will make provision for paying a reasonable price to the proprietors of such negroes, provided they be not adherents to the Enemy.
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Resolved, That the Board of War be directed as soon as possible to procure and send forward a sufficient number of arms and accoutrements together with the necessary cloathing for the said Corps.1
[Note 1: 1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 20, II, folio 443. It is indorsed by Thomson: "August 24, 1781, not to be acted upon."]
The committee, to whom were referred the letters, of November 9 and December 6, from William Palfrey, delivered in their reports, which were read.
Congress took into consideration the report on Mr. Palfrey's letters and agreed to a draught of a commission and instructions to W. Palfrey as consul of these United States in France:
The Congress of the United States of North America to William Palfrey, Esquire, Greeting.
We, reposing special trust and confidence in your abilities and integrity, do by these presents constitute you our consul in France, during our pleasure, to exercise the functions, and to enjoy all the honors, authorities, pre-em'mences, privileges, exemptions, rights and emoluments to the said office appertaining.2
[Note 2: 2 After the words "Consul in France," the committee report had these words: "with power to appoint Vice Consuls in such places there as you shall judge necessary," which are marked "postponed."]
And we do hereby enjoin it upon all merchants of these United States, and upon all captains, masters and commanders of ships and other vessels, armed or unarmed, sailing under our flag, as well as all others of our citizens, to acknowledge the said William Palfrey, and to obey him in his consular quality; praying and requesting our very dear great friend and ally his Most Christian Majesty, his governours and other officers whom it may concern, to permit the said William Palfrey3 fully and peaceably to enjoy the said office, without giving or suffering to be given any molestation
[Note 3: 3 The report adds: "and the Vice Consuls whom he may appoint."]
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or trouble to him, but on the contrary to afford him all countenance and assistance, offering to do the same for all those who shall be in like manner recommended to us by him.
In testimony whereof, we have caused these presents to be given in Congress, at Philadelphia, the ninth day of December, in the year of our Lord, 1780, and the fifth year of our independence.
Signed, S. H. President.
Attest.
C. T. Secretary.
INSTRUCTIONS TO WILLIAM PALFREY, ESQUIRE.
SIR,
Herewith you will receive a commission constituting you our consul in France during our pleasure.1
[Note 1: 1 The committee report had a paragraph here: "With power to appoint vice consuls to reside in such capital ports and to have such extent of jurisdiction as you shall judge most conducive to the purposes of the appointment."]
You are at liberty to fix your residence at that port which may be best adapted to the execution of the powers entrusted to you.
For, besides your proper consular functions, you are to receive and forward all supplies to be obtained in that kingdom for the use of the United States, and to assist in directing our naval affairs.2
[Note 2: 2 The committee report had the following: "You will be very careful in your appointments of vice consuls, to chuse men of undoubted attachment to the interest and honor of these United States and of suitable abilities to promote both.
You will early transmit to us all regulations respecting these appointments which require our sanction.]
You will regularly transmit to us accounts of the civil and military constitutions of the place where you reside, of its advantages for commerce with the world in general, and especially with these United States.3
[Note 3: 3 The committee report added: "And you will require like accounts from the vice consuls."]
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You will give to our minister plenipotentiary in France such observations as you may from tune to time make or obtain, tending to promote through him the service of your country.
You will receive from America, according as good opportunities present, funds for the discharge of your duties as our commercial agent. But at your first arrival, and in cases of absolute necessity, you are authorized to draw upon our minister plenipotentiary in France, taking care always to give him early notice of such necessities, that he may aid you from funds procured on our account, without doing injury to our other concerns.
You may also draw, under like circumstances, upon other funds which you shall know to have been procured for us in Europe.
You are hereby authorized and instructed to call for any property belonging to these United States, and now in the hands of any persons who have acted as agents for us in France, so that you may obtain a comprehensive view of our effects there, and may contrive the best modes of transmitting them to America.
You will also carefully attend to such instructions as we shall from time to time communicate to you, either directly, or through our minister plenipotentiary.
Done in Congress, the ninth day of December, in the year of our Lord, one thousand seven hundred and eighty, and in the fifth year of the independence of North America.1
[Note 1: 1 The commission and instructions to William Palfrey were entered only in the manuscript Secret Journal, Foreign Affairs. The report, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 25, I, folios 295 and 299.]
A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [Thomas] Bee,
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That all the powers, authorities and privileges conferred on William Palfrey in the commission and instructions appointing him consul in France and general agent for commercial affairs in that kingdom on the part of the United States, be suspended until he give bond with three sufficient securities in -- for the due performance of his office of agent, and that he take an oath before the chief justice of the State of Pensylvania1 for the due performance of the office of consul, a copy of which oath, together with the bond, to be lodged in the office of the secretary of Congress.2
[Note 1: 1 From this point for the rest of this day the entries in the Journal are by George Bond.]
[Note 2: 2 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 36, IV, folio 525.]
A motion was made by Mr. [William] Sharp, seconded by Mr. [John] Sullivan, to postpone the consideration of the foregoing motion:3
[Note 3: 3 These motions and the succeeding vote were also entered in the manuscript Secret Journal, Foreign Affairs.]
On which the yeas and nays were required by Mr. [Theodorick] Bland,
{table}
So it passed in the affirmative.
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The following gentlemen were nominated for the office of envoy extraordinary minister to the Court of Versailles:
Alexander Hamilton, by Mr. [John] Sullivan:
John Laurens by Mr. [Richard] Howly:
Alexander McDougal, by Mr. [Samuel] Adams:
Jonathan Trumbull, Junior, by Mr. [Oliver] Wolcott.
On motion of the delegates for Pennsylvania,
Resolved, That a committee of three be appointed to confer with a committee from the general assembly of Pensylvania on the subject mentioned in their resolution of the eighth of this month.
The members, Mr. [Samuel] Adams, Mr. [Jesse] Root and Mr. [James] Duane.
On motion of the delegate for Rhode Island,
Resolved, That Joseph Clark and Jonathan Arnold be appointed commissioners on the part of the United States, either of them to endorse the bills that shall be emitted by the State of Rhode Island, pursuant to the resolution of Congress of the 18th of March last.1
[Note 1: 1 A petition from S. Bush, dated December 8, 1780, was read on this day. It is in the Papers of the Continental Congress, No. 42, I, folio 222.]
Admiralty Office Decr. 9th 1780.
The Board of Admiralty beg leave to report the following State of facts.
John Young Esquire commander of the Continental Ship Saratoga has informed this Board that he had received verbal orders from Captain James Nicholson of the Continental Frigate Trumbull to take up and secure any of the crew of that Frigate, who were not regularly discharged, That in consequence of that order, and the laws of the Marine Service, he conceived himself justifiable in entering on board any private armed or Merchant Vessel in this Harbour either sailing out or into Port, and examine their papers, as well as to observe whether they may have contraband goods on board. That in consequence of those powers which he supposes cannot be disputed, he entered on board a small shallop passing by his Ship on her way down the River on the 7th. Instant, and found on board said shallop five Seamen part of the late crew of the Frigate Trumbull, who had not been discharged, which Seamen he took out and put on board the Saratoga.
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That this morning the high Sheriff of the County of Philadelphia arrested him at the instance of Blair McClenachan, Francis Gurney, Hugh Lenox, John Patton, James Craig, Philip Moore, Wm. Bunner, John Murray, Thos. Learning, -- Fisher, Encoh Stillwell and Richard Sommers in plea of a trespass on the case &c.
That he Captain Young is informed that a writ of Habeas Corpus has issued to remove the said five Seamen from on board the said Ship Saratoga. That the Penalty mentioned in the Sheriff's Bail is five hundred thousand pounds, which he thinks is excessive and unreasonable Security, that he has applied to sundry of his acquaintance, who are generally merchants in this City, who refuse becoming his security, and therefore expects he has no other alternative, but to go to Goal, which treatment for acting in what he conceives to be his duty, would be cruel, and he claims protection and justice from this Board.
The Board on the foregoing State of facts begs leave to report as their opinion, that Capt. Young ought to be supported by Congress against such litigious suits; and that he may not be thereby delayed from executing the orders of this Board which he has received for proceeding immediately to Sea to cruise against the Common Enemy.1
[Note 1: 1 'This report is in the Papers of the Continental Congress, No. 37, folio 543, and indorsed: "August 24, 1781, not to be acted upon."]
Adjourned to 10 o'Clock on Monday.
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