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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, JANUARY 24, 1781
A letter, of this day, from Colonel Armand, was read;2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 164, folio 450.]
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Sullivan, Mr. [James Mitchell] Varnum, Mr. [Alexander] McDougall.
A letter, of 22, from A. Skinner, was read;3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 78, XX, folio 557.]
Ordered, That it be referred to a committee of three:
The members, Mr. [Alexander] McDougall, Mr. [Joseph] Montgomery, Mr. [Abraham] Clark.
A letter, of October 4, from Mr. Dumas, was read, with sundry papers enclosed;
Ordered, That the same be referred to the committee on his former, of September 12.
Ordered, That a member be added to the said committee, in the room of those absent:
The member, Mr. [Thomas] McKean.
A memorial, from the owners of a ship building at Kensington, was read;
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Ordered, That it be referred to the Board of Admiralty to take order.
The committee, on the memorial of E. Forman; and
The committee, on the memorial of R. Peters &c; and
The committee appointed to confer and act in concert with the executive of the State of Pensylvania in quieting the disturbances in the Pensylvania line, delivered in their respective reports:
The Committee &c.
Having at different times sent to Congress every material piece of Intelligence, during the course of their negotiations, now beg leave to lay before the House a connected view of their whole Proceedings with Remarks.
On their arrival at Trenton on Saturday Evening the 6th. Instant, they met and conversed fully with Mr. President Reed from the Executive Council of the State of Pennsylvania, who had that Day been at Maidenhead near Princeton and began a Treaty with the insurgents through General Wayne. The Committee of Congress and of the Council agreed upon the measures to be pursued by them in conjunction and in particular, that not only every thing justly due to the Soldiers of the Pennsylvania line should be granted, but that a construction favorable to them should be put upon the form of enlistment,for three years or during the war; viz: that it should terminate in three years unless the soldier had voluntarily reinlisted but that they would not on any account discharge those who had freely inlisted for the war. They also agreed that as Genl. Wayne had offered them on the 2d. Instant a general amnesty it should be confirmed whatever reason there was in two or three instances to have made exceptions.
The Committee received undoubted information, that the Soldiers during their march had observed very strict order, and had donefar less very little damage to the Inhabitants in passing through the Countrythan could have been expected, and that they observed the same order in Princeton where they had now been near a week. It also appeared that they constantly gave out that they would not go to the Enemy, but that on the contrary, if the Enemy encouraged by their proceedings should make an excursion into New Jersey, they would turn and join the Militia in fighting them. Yet
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their taking Post at Princeton, which was so conveniently situated for turning either way, gave ground to suspect that they might reserve this as an ultimate resource in case of extremities--all this while Genl. Wayne, and Colonels Stewart and Butler were with them, not Prisoners as was at first supposed, but without command.
On Sunday morning the 7th Mr. President Reed proceeded to Princeton, having been informed that the Soldiers earnestly desired it, and assured him he would be perfectly safe, the Committee of Congress remaining at Trenton to correspond and co-öperate with him. In the night preceeding a Sergeant from Genl. Clinton at N. York with a disaffected Inhabitant of N. Jersey for a guide had come to them to Princeton and produced a written but unsigned address to them, a Copy of which is herewith laid before Congress. Another paper of the same tenor wrapt in Sheet lead, was dropt by some unknown person before the door of the House where the Board of Sergeants used to meet. These overtures they received with so much contempt and indignation that they seized the persons who brought them, and sent them to General Wayne, yet taking his promise to re-deliver them when called for, he sent them under a guard of the revolted soldiers to President Reed who met them on his way to Princeton, and carried them back under a guard of the Pennsylvania light Horse to Maidenhead for examination. When he was preparing at that place to proceed to Princeton, the Soldiers sent and desired again to have the custody of the Prisoners, yet promising to have them forthcoming to the order of the President. and they were accordingly delivered to them, notwithstanding this suspicious circumstance he determined to go on, and did so. He was received by them with great respect under arms and saluted. They discovered however on this occasion a great jealousy and suspicion of their being over-reached, for their Sergeants came up close to him on pretence of enquiring when and where they might converse with him, but in reality to be fully satisfied of the Identity of his person, nor would the soldiers be satisfied until some of the Sergeants who knew him personally assured them it was President Reed.
In the afternoon of that Day he conversed fully with the Sergeants, who acted in name of the whole, andfound that they discovered no prejudices against Congress nor even against the State of Pennsylvania but chiefly against some of their own officers and complained of fine deception in their enlistments. We then read to left with them
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a set of propositions to be read to the Soldiery next morning on the Parade and early on the following day, Monday the 8th., sent an account of his proceedings, and a Copy of the Propositions to the Committee of Congress. In the mean time the Executive authority of the State of New Jersey had given orders to have the Militia assembled on the lines and at Brunswick, in order to protect the Country and oppose the Enemy if they should land at Amboy, as also finally to quell the Mutiny if reasonable terms should be refused.
The Committee attentively considering the whole affair and being fully informed of every circumstance by the Inhabitants of Princeton and the neighbourhood, whom the Soldiers suffered freely to mix with them, found that there was a considerable number of British Deserters who had been enlisted among them, though contrary to the repeated directions of Congress and the laws of their own State. Two of these had even been chosen into the Board of Sergeants who managed their affairs, and nothing but the dissent of these hindered them from executing the two spies by their own authority. Probably these as well as some of the other English Deserters had their eyes on New York, but they were never able to make their sentiments on this subject general, nor durst they even express them freely. The revolted Body in general discovered and even expressed great jealousies that the Militia of the country would be brought upon them to prevent which they paid the strictest attention to discipline, and the protection of the Inhabitants and every where published that they wanted only justice to themselves. They further often said that should the Enemy come out, they would join the Country under Genl. Wayne, at the same time dropping threatenings that if the Militia came upon them before the affair was settled they would burn and waste the Country without mercy. All this had its natural effect, for there appeared no disposition in the Militia to act against them till an accommodation was tried but if they had either refused reasonable terms or turned towards New York, the Country would have risen upon them to a man.
The Committee therefore prepared on their part an additional Declaration and Requisition a Copy of which is herewith produced. This having been sent to President Reed, was by him communicated to them this Day, Monday the 8th., and in the Evening they sent a written Declaration upon the terms offered them a Copy of which also accompanies this Report--about this time the Committee were
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happy in receiving a Copy of Genl. Washingtons letter to Genl. Wayne, by which it appeared that he approved and recommended the very measures of lenity and justice which had been adopted by them, so that there would be perfect harmony on the part of the United States. President Reed adhered to his own propositions, and those of the Committee and rejected that mentioned by them of chusing an equal number of the Commissioners, who were to determine the particular claims and insisted that they should immediately accept or refuse, and if they accepted, that they should march to Trenton to have the plan carried into execution. This was accordingly agreed to. They marched next Morning and arrived at Trenton Tuesday the 9th. about 2 o'clock P. M.
The Committee were at Trenton when they arrived andfrom the disposition they were in had no apprehension of danger from them yet thought it would have an improper appearance should they continue in the power of men in arms who had not yet compleated their agreement and named their officers. On this account they went over the River in the afternoon and that Evening had a long and full conference with the Committee of the Council of Pennsylvania, on which they appointed Commissioners for hearing and determining the claims of the Soldiers without delay viz. Col. Atlee of the Committee of Congress, Genl. Potter of the Committee of Council, Capt. Morris and Mr. Blair Mc.lenaghan of the light horse, and also determined next Morning to make a peremptory demand of the two Spies who were yet in the custody of the Soldiers. Next Morning Wednesday the 10th. the Soldiers proposed an additional article that they should continue in arms till the whole Regiment were settled with and not disperse as they received their discharges. But this was by President Reedwho had said on the east side of the River positively refused as absurd in itself and discovering an unreasonable jealousy and a final answer to the former propositions required in two hours. Within this time they declared they were well satisfied with the nomination of the Commissioners they departed from their demand of continuing in arms after they were discharged, and promised immediately to deliver up the Spies, accordingly that Evening the Spies were sent to the Committee of Congress, a Board of officers immediately tried and condemned them, and they were executed next day the 11th. at 12 o'Clock at the cross roads near the upper Ferry.
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The Committee then directed the Commissioners to proceed immediately to the settlement of the claims of the Soldiers in the different Regiments, one or two Regiments were settled with before the Committee left Trenton and by the Report of General Wayne, there appeared a very general disposition in those who were discharged to reinlist, to which nothing was wanting but money to pay the Bounty in advance. One circumstance ought not to be omitted, because it does the Insurgents much honor. When they delivered up the British Spies Govr. Reed offered them 100 Guineas, which they refused saying that what they did was only a duty they owed their Country, and they neither desired nor would receive any reward, but the approbation of that Country, for which they had so often fought and bled.
From the whole of this affair thus happily terminated, your Committee humbly submit the following remarks.
1st. That this disturbance however unhappy and threatening at first, has now afforded an undeniable and pleasing proof of the firm attachment of the Soldiery as well as the Country in general to the American cause. Notwithstanding the hardships which our army in general has suffered from the necessities of our affairs which have been many and great, and notwithstanding the peculiar complaints of many of the Pennsylvania line there was not the least appearance of any previous concert with the Enemy, nor any disposition to hearken to overtures when made by them. It ought not to be forgotten that the seizing of the Spies was previous to any steps being taken for accommodating the difference.
2. That all possible care should be taken to prevent for the future the enlisting of any British Deserters, perhaps also those who are now in the army should be discharged.
3. That Every State in the Union should be requested to pay the strictest attention to supplying the wants of the Armyof every kind.
4. the soldiers never to separate severity from justice and to temper severity with mercy.1
[Note 1: 1 This report, in the writing of John Witherspoon, is in thePapers of the Continental Congress, No. 20, II, folio 101.]
Ordered, That the report of the committee last mentioned be referred to the committee on the letter, of 10th, from the said committee.
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The committee, to whom was referred the memorial of the officers of the five Pensylvania companies of the late German regiment, delivered in a report; Whereupon,
The Committee to whom was referred the Memorial of the officers of the German Battalion beg leave to report.
That the officers were directed to march that battalion to join the Troops of Pennsylvania near Morristown by the first day of Jany. Instant.
That when they arrived with these troops on the first instant, the memorialists were dismissed the service agreeable to an act of Congress of theoffor new arranging the army, by which the German Battalion was reduced.
That for the purpose of settling some regimental accounts they came to this City, on the way to their respective places of abode and not having received their pay for a number of months past are destitute of money to defray their expences in this City, or to support them on their way home. Your Committee therefore submit the following Resolution viz.
Resolved, That the Board of War draw a warrant on the Board of Treasury in favor of the paymaster Genl. for three months pay for each of the Memorialists to be paid in bills issued in pursuance of the act of the 18th of March last in part of the wages due to them.1
[Note 1: 1 This report, in the writing of John Sullivan, is in thePapers of the Continental Congress, No. 21, folio 251.]
Ordered, That the Board of War take order for causing payment to be made to each of the said memorialists three months' pay in part of the arrears due to them, the resolution of the 4th notwithstanding, and that the same be paid in bills emitted in pursuance of the act of the 18 March last.
The Board of Admiralty, to whom was referred the report of the committee on the communications of the honble the minister of France, delivered in a report.
Admirality OfficeJanyy. 23d. 1781.
The Board of Admiralty to whom the Communication of the Honble. the Minister of France, and the report of the Committee thereon have been referred, beg leave to request, that as the said communication and report of the Committee relate to captures by
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sea and the mode of their trial and adjudication in the ports of his Most Christian Majesty, and do not touch the regulations of the Navy, the Board of Admiralty may be discharged from giving any opinion thereon, and that the same be committed to the Committee appointed to form a system of regulations for captures by sea. But if the Honorable Congress should not think proper to grant their request the Board of Admiralty then submit the following amendments to their wisdom, to wit, that between the words "taken" and "armed" in the first line, and between the words "by" and "armed" in the fourth line, the words "Privateers and other" should be inserted and that the words "and navigated" should be inserted between the words "out" and "by" in the first line of the said Report.
The reason for their first proposed amendment is that altho' Privateers are armed Vessels, yet Privateers are defined to be "Vessels of War armed and equipped by particular merchants and furnished with a military Commission to cruise against the Enemy" &c, mad the transportation of merchandize may be the chief business ofan armed Vessel. The reason for the last proposed amendment is that "fitting out" is "the act of providing a Ship with asufficient number of men to navigate and arm her for attack or defence, also to furnish her with proper masts &c together with sufficient provisions for the Ships Company:" and this Board conceive that his Most Christian Majesty will not permit Privateers and armed Vessels belonging to these States to be manned in his Ports with Seamen (his Subjects) and further that if it should be permitted that Privateers and armed Vessels belonging to the Subjects of his Most Christian Majesty should be manned with Seamen (Citizens) of these States, the manning of the Navy and the Commerce, as well as Privateering of these States might be obstructed, and perhaps the recruiting of its armies impeded.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 37, folio 339.]
According to order, Congress was resolved into a Committee of the Whole, to consider farther the reports on finance, and after some time the President resumed the chair, and Mr. [John] Mathews reported, the Committee have had under consideration the reports referred to them, but not having come to a conclusion desire leave to sit again:
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Ordered, That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.
Adjourned to 10 o'Clock to Morrow.
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