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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 23, 1780
A letter from the Board of War; and
War Office, Decr. 21, 1780
Sir,
The Flag for Charlestown is ready to sail, but an unexpected embarrassment has arisen, in which if not thought too troublesome, Congress will be pleased to give their directions. The name of Sheftal Sheftal was inserted as Flag Master in the passport under an idea that this person would be obliged by a permission to act in that character, and that he would undertake to do the business merely for the sake of having an opportunity of bringing out his family from Charlestown, but he now demands the most extravagant terms and privileges, and refuses to go unless they are granted. Wherefore it is proposed to send the Flag without him, making the Sailing Master who is a confidential man also Flag Master, and setting forth in the passport that the Flag Master mentioned in Genl. Clinton's pass was prevented from going the voyage. Whether this will or not be wrong is left to the determination of Congress. Should they approve of it they will please to resolve
That the Board of War be informed that Congress approve of their sending the sloop Carolina Packet as a flag to Charlestown under the care of John Duffy who is to act both as Sailing and Flag Master.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 737.]
A letter from John Lansing, were read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 41, I, folio 333.]
Ordered, That they be referred to a committee of three:
The members, Mr. [James M.] Varnum, Mr. [Artemas] Ward, Mr. [John] Sullivan.
The committee appointed to prepare the draughts of a commission, letter of credence and instructions to the honble
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John Laurens, reported the same, which were read and agreed to.
COMMISSION TO COLONEL JOHN LAURENS
The United States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in Congress assembled--To John Laurens, Esquire, Greeting.
We, reposing especial trust and confidence in your fidelity, zeal, prudence and abilities, have nominated and constituted, and by these presents do nominate and constitute you our minister, for the special purpose of proceeding to the Court of Versailles, and representing to his Most Christian Majesty the present state of our publick affairs, with the necessity and mutual advantage of his maintaining a naval superiority in the American seas; and also of soliciting from him, and forwarding to the United States, certain aids in money and stores according to an estimate herewith delivered to you, the better to enable us to prosecute the war with vigour, and co-operate with the arms of our ally with effect.
Witness his excellency Samuel Huntington, esquire, President, the 23d day of December, in the year of our Lord, 1780, and in the 5th year of our independence.
(Signed) S. H.
Ch. T. Sec'y.1
[Note 1: 1 This commission, in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, I, folio 403.]
INSTRUCTIONS TO COLONEL JOHN LAURENS
SIR,
You will herewith receive a commission appointing you our minister at the Court of Versailles; in pursuing
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the objects of which, you will conform to the following instructions:
Upon your arrival you will communicate fully to our minister plenipotentiary at that court the business on which you are sent, and avail yourself of his information and influence for obtaining the aids mentioned in the estimate delivered to you. Instructions to him for that purpose are herewith transmitted, which you will deliver immediately on your arrival. You will convey to his Most Christian Majesty the grateful sense Congress have of the noble and generous part he has taken with regard to the United States, and use every possible means to impress him with the urgent and critical state of our affairs at present, which induced the appointment of a special minister to solicit his effectual aid.
You will, in particular, give him full information of the present state of our military affairs, and the measures taken for providing a respectable force for the ensuing campaign. It will be proper, at the same time, to point out the causes which rendered the last campaign unsuccessful.
You are to use every effort in your power to convince his most Christian Majesty of the necessity and mutual advantages to enforce the necessity of maintaining a naval superiority in the American seas. without which it seems impracticable to rescue from the enemy such parts of the United States as are now in their possession, and the pretexts which that possession will afford to embarrass a negotiation for peaceYou will assure his Most Christian Majesty on our part, that if he will please to communicate to us his intentions respecting the next campaign in America, we will use every effort in our power to cooperate of
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factually with the forces which he may thing proper to send for an effectual cooperation. You will lay before his majesty the present distressing state of our army and finances that he may be convinced of the necessity for granting the aids mentioned to enable us to prosecute the war with vigor and success. You are to give his Majesty the most positive and pointed assurances of our determination to prosecute the war for the great purposes of the alliance agreeable to our engagements.
Should his Majesty grant the aids requested, and send to our assistance a naval force, you will take advantage of that conveyance for forwarding the articles furnished. If no naval armament should be ordered to America, you will endeavour to obtain some vessels of force to transport the said articles, or take advantage of some convoy to America which may render the transportation less hazardous. You will call upon William Palfrey, esquire, our consul in that kingdom, for such assistance as you may stand in need of for forwarding any supplies which you may obtain. You will obtain an exact account from our minister Plenipotentiary of the supplies which have been already furnished and the time when granted and inform yourself of the causes which have prevented or delayed their being forwarded You are authorized to draw upon our minister plenipotentiary for such sums as you may from time to time stand in need of, giving him early notice thereof that he may aid you from funds procured on our account, without doing injury to our other concerns. You may also draw upon any other funds which you may know to have been procured for us in Europe.
[You will, on your arrival at the Court of Versailles, present the letter to his Most Christian Majesty which
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you will herewith receive.1 Previous to your departure from the United States, you are to confer with the Commander in Chief of the American army, the minister plenipotentiary of France, the commanders in chief of his Most Christian Majesty's fleet and army at Rhode Island, the Marquis de la Fayette, if it should not retard your yoyage, upon the subject of your commission, and avail yourself of every information you may obtain from them respectively.]2 You will embrace every opportunity of informing us of the success of your negotiations, and receive and obey such instructions as you may from time to time receive from Congress.
[Note 1: 1 This sentence offered separately, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 25, I, folio 402.]
[Note 2: 2 This sentence, offered separately, is in the Papers of the Continental Congress, No. 25, I, folio 401. Also offered separately and marked "Postponed" was the following, in the writing of James Madison. It is in the Papers of the Continental Congress, No. 25, I, folio 402: You will, before your departure, confer with the Minister Plenipotentiary of his Most Christian Majesty to the United States and with the Hon. Major General the Marquis de la Fayette on the general subject of your mission and avail yourself of such information and advice as may tend to facilitate its success. You will also apply to the Commander in Chief for his opinions and information respecting the state of the army and the most effectual mode of rendering the cooperation of France and the States during the next campaign decisive against the common enemy.]
[When the purpose of your mission shall be as fully effected as you may deem practicable, you are to return, and report your success to Congress without delay, unless you shall previously receive other orders.3
[Note 3: 3 This sentence, offered separately, is in the Papers of the Continental Congress, No. 25, I, folio 404.]
We pray God to further you with his goodness in the several objects hereby recommended, and that he will have you in his holy keeping.4
[Note 4: 4 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 25, I, folio 397; the parts in brackets were inserted by Congress and were not in the committee's draft. A copy of the whole draft by George Bond, of the office of the Secretary of Congress, is on folio 389.]
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Done in Congress, at Philadelphia, the 23d day of December, in the year of our Lord, 1780, and in the 5th year of our independence.
LETTERS OF CREDENCE TO COLONEL J. LAURENS.
Great and beloved friend and ally,
The United States of America in Congress assembled, impressed with the magnanimity of your Majesty, and of the repeated proofs you have given of your friendly disposition towards these states, and also feeling the necessity of giving your Majesty full information of the present state of our affairs, have appointed the honourable John Laurens, esquire, a lieutenant colonel in the army of these states, to repair to your court, in quality of minister, to solicit the aids requested by us; and that he may give your Majesty more particular and further assurances of the high regard we continue to entertain for your Majesty. We beseech your Majesty to give entire credit to every thing he shall deliver on our part, especially when he shall assure you of the sincerity of our friendship.
And we pray God that he will keep your Majesty in his most holy protection.
Done at Philadelphia, the 23d day of December, in the year of our Lord, 1780, and in the 5th year of our independence. By the Congress of the United States of North America. Your good friends and allies.
(Signed) S. H. President.
C. T. Sec'y.1
[Note 1: 1 The commission, instructions, and letter of credence for John Laurens were entered only in the manuscript Secret Journal, Foreign Affairs. The instructions are printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 205.]
The Board of Admiralty delivered in two reports; one respecting the detention of the public cloathing, and the other respecting the Active packet.
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Admiralty Office 19th. Decr. 1780.
The Board beg leave to inform Congress that the Brigantine Active Packet belonging to the United States, arrived yesterday from Boston, and that the Board propose to send her immediately to Amsterdam, with a view to the importation of Naval Stores which are much wanted. That they are possessed of a small quantity of Pearl-Ash, which they intend to send in her, and to fill up with tobacco on freight as they have not money to purchase it. That the amount of her Freight, and of the Pearl-Ash will not be sufficient to procure the several articles wanted and load the Active back. The Board therefore request the Honorable Congress to order that a sett of exchange be issued in favor of the Board of Admiralty for the use of the United States of America upon the Honorable John Adams, or whom else, for one thousand pounds Sterling to enable the Board to load the Active on her return voyage.
A Bill for £1000 Sterlg. was the last summer issued by order of Congress, upon the Honorable John Jay Esqd. in favor of the Honorable Henry Laurens Esqr. for the purpose of procuring a cargo for the Mercury Packet, which was unfortunately taken on her voyage to Amsterdam.
The Board suppose that the capture of Mr. Laurens has put it out of his power, to negotiate that Bill, and that if it should be negotiated it cannot be applied to answer the present purposes of the Board.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 37, folio 451. It is indorsed: "Delivered December 23; read. August 24, 1781, not to be acted upon."]
The Board of War delivered in sundry reports:
One on the representation of Florat Florimont;
One on the letter, of 11, from Colonel Armand; and four respecting the business under their direction.
The committee on the petition of George Fisher;
The committee on the petition of Mr. McConnell and others;
The committee on the letter from Sol: Southwick;
The Committee to whom was referred the letter from Mr Southwick, Report
That the Commissary Genl of Purchases order two hundred and fifty barrels of flour from the magazines in Connecticut furnished by that State, as a part of their Quota and in case that quantity cannot
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be had from thence, that the Governor and Supreme Executive of Connecticut be requested to furnish that quantity of Flour for said purpose as part of he quota required of that State
And that the other part of said letter respecting a warrant for Money &c be referred to the Board of Treasury.1
[Note 1: 1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 19, V, folio 493. It is indorsed by Charles Thomson: "Delivered December 22, 1780. Read. August 24, 1781, not to be acted upon."]
The Committee on the Post Office;
The Committee of Commerce, to whom was referred the letter of Baron D'Arendt;
The committee on General Lee's letters of October 3 and 8; and
The Committee to whom were referred the letters from Charles Lee Esq.
Report, that on examining the Journals of Congress they find the sum of 30,000 dollars advanced to Mr Lee on the 7th day of October 1776. Your Committee have also enquired of Mr Robt. Morris for the state of the account between the United States and Mr Lee and were informed by him, that he is unacquainted with the transactions relative to this matter further than to receive from Mr Lee the money furnished him by Congress to reimburse himself for monies advanced by him to Mr Lee.
Your Committee further observe that the degree of responsibility in which Congress stand bound for the losses sustained by Mr Lee in consequence of his engaging in the service of the U.S. extend no further than to indemnify him for his losses whenever he shall make the same known to Congress, that he has not as yet done so. Therefore your Committee are of opinion Mr Lee has no just pretentions to demand of Congress money for his present support.
As to the part of Mr. Lee's letter requiring to be taken under the protection of Congress your Committee are of opinion it would be most advisable to pass it over in silence.
That Mr Lee be informed that Congress are fully persuaded of his attachment to the interest and well being of the United States of America, therefore are of opinion the illiberal insinuations complained of by him are unworthy either of his or the attention of Congress.2
[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, III, folio 507.]
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The committee on the memorial and representation of the legislature of New Jersey, delivered in their respective reports:
The Committee to whom was referred the Memorial and representation from the Legislature of the State of New Jersey read the 24th of November last beg leave to report the following resolutions:
Resolved, that altho Congress highly approve of the zeal and attention to the public interest manifested by the Legislature of New Jersey in their attempt to fix and preserve the value of their quota of the bills of credit emitted pursuant to the act of the 18th of March last. Yet as the measures they have adopted for the purpose are fundamentally repugnant to the general tenor of those resolutions on the vigorous execution of which Congress place their chief reliance for carrying on the war, they cannot comply with the desire of the said State, that an adoption of their measures should be recommended to the other States; but on the contrary earnestly recommend it to New Jersey as well as the other States, to devise such wise and vigorous remedies as will produce the great and salutary purposes intended by the said act.1
[Note 1: 1 This paragraph, in the writing of James Madison, is found also in the Papers of the Continental Congress, No. 41, VII, folio 64.]
That the Legislature of New Jersey be informed, that Congress have taken every measure in their power enforced by repeated and pressing remonstrances to induce the several States to be punctual in forwarding their respective quotas of supplies for the army, and it is with regret they perceive that the States in and near to the seat of war, have been subjected to the inconveniences complained of by the Legislature of New Jersey on account of the deficiencies of the States more remote. That it is the sense of Congress, that it must be attended with fatal effects to public credit, and the currency of the new bills to issue any of them before a proportionate quantity of the old is brought in to be cancelled; that these objects would be certain and unavoidable, even if the new bills should be exchanged for certificates; that Congress are very desirous that the debts contracted by those certificates for supplies furnished the Army should be discharged--that ample provision for that purpose would have been made had the respective States raised and transmitted to the public treasury the taxes from time to time required from them for the support of the war.
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That Congress are willing if it shall be indispensably necessary that those certificates shall be received into the treasuries of the respective States in discharge of the Quotas of their pecuniary taxes levied by any act of Congress prior to the 18th of March, and that every practicable means will be improved to pay the remainder as soon as possible.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 20, I, folio 307. It is indorsed: "Presented 22d December, 1780; read. August 24, 1781, not to be acted upon." Another version of the report, in the writing of William Churchill Houston, in No. 41, VII, folio 61, is as follows:
Decr. 4th. 1780
The Committee to whom was referred the Memorial and representation from the Legislature of the State of New Jersey, read the 24 ult report
That Congress highly approve the attention of the State of New Jersey to the general interest, manifested by the measures they have taken for establishing the value of their Quota of the Bills of Credit emitted pursuant to the Resolutions of 18 March last in a Manner so accommodated to present Circumstances as that the Publick may not be subjected to Loss from the Difference between the present value of the Continental Bills of Credit, and that current when the aforesaid Resolutions were passed.
That it be recommended to the several states who have passed Laws for issuing the said new Bills, to so alter and amend them, if found to require it, as that the Bills may pass at equal value with Specie, and at the like comparative Rate with Continental Bills of Credit in Lieu of which they are emitted: and to those states who have not yet enacted such laws, to frame them with due attention to that object.
That it be also recommended to the said states to invest some proper Person or Persons within them respectively with competent authority to fix and make known, from Time to Time, the Exchange, or comparative value between Specie or the new Bills and the Continental Bills of Credit, until the latter shall be all brought in by Taxes or otherwise to be destroyed as recommended in the aforesaid Resolutions of 18 March last.
That the several states be strictly required to be punctual in forwarding their respective Quotas of supplies for the Army, so that these in, or near to which the seat of War shall from time to time, be, may not be subjected to Inconveniences from the Inattention and failure of those who are more remote.
That the President inform the Legislature of the State of New Jersey, Congress are of the opinion it would be attended with the most fatal effects to Public Credit and the currency of the new Bills, to issue any of them before a proportionate quantity of the old are Brought in to be cancelled, that these effects would be certain and unavoidable even if the said New Bills were exchanged for Certificates, that Congress are desirous the certificates given for supplies furnished to the Army should continue to be received in Taxes, and that every practicable means will be improved to discharge the residue as soon as possible.
The following paragraph in the writing of James Duane, is in No. 41, VII, folio 63.
Resolved, That it is the sense of Congress that the Resolution of the 18 of March last ought to be carried into full effect, and that every. measure for that end ought to be adopted by the respective Legislatures and to meet with support: But that Congress apprehend that the law of New Jersey recommended for their approbation altho' passed with the best intention may eventually be productive of great Inconveniences.]
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Ordered, That a committee of three be appointed to confer with the honble J. Laurens on the subject of his mission.
The members, Mr. [John] Mathews, Mr. [James] Madison, Mr. [James] Duane.1
[Note 1: 1 This order was also entered in the manuscript Secret Journal, Foreign Affairs.]
On motion of Mr. [Joseph] Montgomery, seconded by Mr. [John] Witherspoon,
Ordered, That the continental boats at or upon the river Susquehannah in the State of Pensylvania be exposed to sale for cash, or commissaries or quartermaster's certificates, as may be most for the public advantage.
Adjourned to 10 o'Clock on Tuesday.
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