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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 --MONDAY, FEBRUARY 5, 1781
A letter, of 31 January, from General Washington, enclosing a letter of 27th, from Major General Howe; and one of 25 January, from Major General Parsons, were read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 152, IX, folio 517.]
Ordered, That the letter of Major General Parsons, with the papers enclosed, relative to his successful enterprize against the enemy's post at Morrisania, with so much of the general's letter as relates thereto, be referred to the Committee of Intelligence; and that the Commander in Chief return the thanks of Congress to Major General Parsons,
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and the officers and men under his command; and inform him that Congress have directed this publication to be made in testimony of their approbation of his judicious arrangements, and of the spirit and military conduct displayed by the officers and men employed under him on the occasion.
A letter, of 2, from W. Geddes, was read:
Ordered, That it be referred to a committee of three.
The members, Mr. [William] Sharpe, Mr. [Samuel] Adams, Mr. [William] Floyd.
A letter, of 3, from Doctor B. Binney, was read:1
[Note 1: 1 Geddes' letter is in thePapers of the Continental Congress, No. 78, IX, folio 431; Binney's letter is in No. 78, IV, folio 93.]
A petition of Preserved Clap was read:
Ordered, That it be referred to the Board of War.
A letter, of January 20, 1781, from the president of New Hampshire, was read.2
[Note 2: 2 Clap's petition is in thePapers of the Continental Congress, No. 42, II, folio 86; the New Hampshire letter is in No. 64, folio 174.]
On motion of the Medical Committee,
That a warrant issue upon Thomas Smith Commissioner of the Loan Office for the State of Pennsylvania in favour of Thomas Bond, junr., Purveyor of the Hospital for 20,000 dollars of the old emission to be applied towards establishing an hospital in Virginia and to enable proper officers to repair thither as soon as possible.3
[Note 3: 3 This motion, undated, in the writing of Abraham Clark, is in thePapers of the Continental Congress, No. 36, IV, folio 517.]
Ordered, That the Medical Committee give the directions necessary for establishing a hospital in Virginia, and providing for the same; and also for removing the sick from the new gaol in this city, to some proper place to be provided as a hospital for prisoners.
A letter, from R. Patten, was read:4
[Note 4: 4 This letter is in thePapers of the Continental Congress, No. 19, V, folio 45.]
Ordered, That it be referred to a committee of three.
The members, Mr. [Alexander] McDougall, Mr. [James Mitchell] Varnum, Mr. [John] Sullivan.
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The committee, to whom was referred the letter of 20th November last, from the president of the State of New Hampshire, report,
The Committee to whom was referred the letter of the 20th day of November 1780 from President Weare with the papers enclosed having considered the subject to which they relate and consulted the best sources of information within their power as to the law of Nations thereon, Report,
That it does not appear that any principle or usage established among the most friendly Powers, or the spirit or tenor of any particular conventions among such powers and still less any article or clause in the treaties between his most Xn Majesty and the United States authorize a claim of exemption by the subjects of the former residing in America from any taxes or impostslaid on their propertywithin the United States common to the Citizens of the latter and to the subjects of other nations.
That alien friends appear to be entitled by their residence to exemption from all military and other personal services except in certain critical situations from all taxes laid directly on their persons, and in general from all such other taxes as in their nature have immediate relation to citizenship and are incompatible with the duties they owe to their lawful Sovereigns.
That with respect to the case of Mons. de la Tour, a French subject, residing in New Hampshire, stated to Congress by President Weare, the committee are of opinion, that the tax on his stock in trade, of which he complains, being common to the citizens of that State, and no wise incompatible with his character as a French subject, is liable to no objection, unless such effects be included in his computed stock as lie out of that State, to which distinction careful attention ought to be paid.
Resolved, That Congress agree to the said report.
The committee having reported farther on the subject:
The Committee further report, as their opinion that as the general law of nations does not define with any degree of precision the privileges and obligations of foreigners with respect to taxes and imposts
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and as the treaties subsisting between France and the U. States contain no particular regulations on that subject, and as it is of the utmost consequence to the interests of commerce and to harmony of intercourse between the U. States and their allies that some precise and permanent rules thereon founded in equity liberality and reciprocity should be speedily settled, it is expedient that the Minister Plenipotentiary at the Court of Versailles should be authorized to open a negotiation with that Court for such purpose and that a Committee be appointed to prepare the necessary instructions for his conduct therein.1
[Note 1: 1 This report, in the writing of James Madison, is in thePapers of the Continental Congress, No. 20, I, folio 9.]
Ordered, That the consideration of the remainder be postponed.
A motion was made by Mr. [George] Walton, seconded by Mr. [William] Floyd;
That a member be elected for the Board of Treasury, in the room of Mr. [Oliver] Wolcott.
Question put, passed in the negative.
On motion of Mr. [George] Walton, seconded by Mr. [Oliver] Wolcott,
Resolved, That Mr. [George] Walton be excused from farther attendance at the Board of Treasury.2
[Note 2: 2 A letter, of January 5, from Baron d'Arendt, appears to have been read this day. It is in thePapers of the Continental Congress, No. 78, VII, folio 351.]
[Adjourned to 10 o'clock to-morrow.]
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