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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, MAY 28, 1781
A letter, of March 12, 1781, from the honorable Doctor B. Franklin was read, with sundry papers enclosed:
Ordered, That the same be referred to the committee on the memorial from the honorable the minister of France.
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A letter, of 19 March, from the honorable Colonel J. Laurens was read.1
[Note 1: 1 Franklin's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) IV, 281.]
A committee of the week was elected:
The members, Mr. [William Churchill] Houston, Mr. [William] Few, Mr. [Artemus] Ward.
A report from the Board of War was read; Whereupon,
War Office May 26. 1781
Sir,
The Board have received the enclosed letters from Col: Pickering, by which it appears that the resolve of Congress ordering Mr. Bradford to deliver all the duck proper for Tents to the Q. M. G has had very little effect from the limited terms in which it is conceived, the most rigid construction having been put on the words proper for Tents. The greater part of the duck is of the heavier kind, and much of this is wanted for sails for the Gun Boats and Craft on the North River, and the whole of it may be advantageously exchanged for Raven's Duck, which is the sort proper for Tents and wagon covers. The foundation of the exact attention which is paid to the words of the resolve, proper for Tents, appears to be that the Duck is to be sold to raise money for the Navy. As this is a circumstance we were unacquainted with, we leave it to the determination of Congress, whether the essential article of Tents is not of the most consequence to the public, and it is needless to mention how incapable the Q. M. G is to purchase them or procure waggon covers, and sails for the Craft on the North River which will be very necessary if any operations of importance take place in that quarter. There are in the possession of Mr. Bradford 120 Bales containing from nine to twelve pieces in a Bale, so that there are at least one thousand pieces, which at a moderate computation will make more than three thousand Tents, an object of the first consequence in our present situation. We submit the following resolution for the consideration of Congress. Should Congress agree to it the Q. M. G will be enabled to have a number of Tents independent of State supplies which at best appear to be very uncertain, both as to time and quantity. If the Tent cloth should arrive from France, and there should be more than is wanted in the Q. M. G's department, Congress may order as much to the Admiralty Board, as will be an equivalent for the Duck in Mr. Bradford's hands, and in the mean time the Tents will be making up.
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Ordered, That all the duck of whatever description, belonging to the United States, in the hands of the continental agent at Boston, be delivered to the quartermaster general, or his order; that so much thereof as is suitable may be made up into tents, and the residue, (except so much as is necessary for other uses in the quartermaster general's department,) be exchanged for light duck or other materials fit for tents, and the materials produced by such exchange be immediately made up into tents for the use of the army.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, V, folio 185.]
Ordered, That the Board of War draw a warrant on the paymaster general in favour of Major Lomagne for two hundred and twenty-five dollars in bills of the new emission, equal to three months' pay and subsistance, for which sum he is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147; V, folio 189.]
A letter, of 26, from the Board of War was read, respecting the removal of the Convention prisoners.3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 148, I, folio 379.]
The report of the committee on the letter, of 6th November, 1780, from the honorable J. Jay, was taken into consideration and agreed to.
On the report of a committee to whom was referred a letter of the 6th November, 1780, from the honourable J. Jay, Congress agreed to the following letter:
Sir,
Your letter of the 6th of November last, detailing your proceedings from the 26th of May down to that period, has been received by the United States in Congress assembled. At the same time was received your letter of the 30th of November, with the several papers therein referred to.
It is with pleasure, sir, I obey the direction of Congress to inform you, that throughout the whole course of your negotiations and transactions, in which the
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utmost address and discernment were often necessary to reconcile the respect due to the dignity of the United States with the urgency of their wants, and the complaisance expected by the Spanish court, your conduct is entirely approved by them. It is their instruction that you continue to acknowledge, on all suitable occasions, the grateful impression made on these states by the friendly disposition manifested toward them by his Catholick Majesty, and particularly by the proofs given of it in the measures which he has taken, and which it is hoped he will further take, for preserving their credit, and for aiding them with a supply of clothing for their army. You are also authorised and instructed to disavow, in the most positive and explicit terms, any secret understanding or negotiation between the United States and Great Britain; to assure his Catholick Majesty that such insinuations have no other source than the insidious designs of the common enemy; and that as the United States have the highest confidence in the honour and good faith both of his Most Christian and of his Catholick Majesty, so it is their inviolable determination to take no step which shall depart, in the smallest degree, from their engagements with either.
Should the Court of Spain persist in the refusal intimated by its minister to accede to the treaty between the United States and his Most Christian Majesty, or to make it the basis of its negotiations with you, the difficulty, it is conceived, may easily be avoided by omitting all express reference to that treaty, and at the same time conforming to the principles and tenor of it; and you are accordingly authorised so far to vary the plan of your original instructions. As his Most Christian Majesty, however, may justly expect, in a matter which so nearly concerns him, and which was brought into contemplation in the treaty he so magnanimously
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entered into with these states, the strongest marks of attention and confidence, you will not fail to maintain, in the several steps of your negotiation, a due communication with his minister at the Court of Spain, and to include his interests as far as circumstances will warrant.
You are authorised to acquaint his Catholick Majesty that not only entire liberty will be granted, during the war at least, to export naval stores for the royal marine, but that every facility will be afforded for that purpose.
Congress are willing to deliver over to his Catholick Majesty's service the 74 gun ship now on the stocks at Portsmouth Postponed. in New Hampshire, on his replacing all the expences, as nearly as they can be liquidated, which shall have been incurred at the time of her actual transfer. The first cost as she now stands is upwards of 60,000 Spanish milled dollars. The further cost of completing her hull and launching her will it is computed amount to upwards of 40,000 more. All the materials necessary for rigging and arming her must be imported. No engagement can be made for American seamen to navigate her.
As Congress have no control over the captains of private vessels, however proper your hints may be of obliging them to give a passage to American seamen returning home from foreign ports, and to send an officer with the despatches entrusted to them for foreign ministers, it is impracticable to carry them into execution, you will therefore continue to provide for these objects, for the present, in the best manner you can. As soon as the United States are in condition to establish consuls in the principal ports of the states with which they have intercourse, the difficulty will be removed; or if any other practicable remedy be suggested in the mean time, it will be applied.
The letter, of which you enclose a copy, from Stephen Audibert Caille, styling himself consul for unrepresented nations at the Court of Morocco, had before been received through the hands of Doctor Franklin. If
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you shall see no objection to the contrary, you will correspond with him, and assure him in terms the most respectful to the emperor, that the United States in Congress assembled entertain a sincere disposition to cultivate the most perfect friendship with him, and that they will embrace a favourable occasion to announce their wishes in form.
The generous and critical services rendered these United States by Messrs. Neufville and Son have recommended them to the esteem and confidence of Congress. You will signify as much to them, and that their services will not be forgotten, whenever a proper occasion offers of promoting their interests.
Your intimation with respect to complimenting his Catholick Majesty with a handsome fast sailing packetboat, claims attention; but the variety of public embarrassments will render the execution of it very uncertain.
Congress agree to an extension of Colonel Livingston's furlough, till the further order of Congress, which you will make known to him.
Your letter of the 16th day of September last was received on the 4th day of December. No bills have been drawn on you since. That of the 28th January was received on the 27th day of April; and in consequence of it the sale of the bills already drawn, but then remaining on hand, was countermanded.
By a letter from Mr. Carmichael, dated the 22d of February, and received on the 27th of April last, Congress are informed that you had received despatches from them dated in October. These must have contained their instructions to you to adhere to the claim of the United StaGes to the navigation of the Mississippi. A reconsideration of that subject determined Congress, on the 15th day of February last, to recede from that
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instruction so far as it insisted on their claim to the navigation of that river below the thirty-first degree of north latitude, and to a free port or ports below the same. On the receipt of this latter instruction, Congress have little doubt that the great obstacle to your negotiations will be removed, and that you will not only be able, without further delay, to conclude the proposed alliance with his Catholick Majesty, but that the liberality and friendly disposition manifested on the part of the United States by such a cession will induce him to afford them some substantial and effectual aid in the article of money. The loss attending the negotiation of bills of exchange has been severely felt. A supply of specie through the Havanna would be much more convenient and acceptable.1
[Note 1: 1 This letter was entered only in the manuscript Secret Journal, Foreign Affairs, in Secret Journal No. 4, and in Secret Journal No. 6, Vol. III, The draft, in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, I, 411.]
A motion of Mr. [Meriwether] Smith was taken into consideration; after debate:
Whereas, there is a great deficiency of provisions in the Magazines at and near the posts upon the Hudson's River, notwithstanding the requisitions of Congress and the engagements of the respective states for furnishing adequate quantities of the same; and whereas an immediate supply alone can prevent the most fatal consequeaces, and enable the Commander in Chief of the Army, to pursue with vigour and success the great objects of the Campaign; and whereas the exertions of the Executives in many of the States have not been sufficient to call forth their resources notwithstanding the most urgent necessity; Be it therefore
Resolved, that the Commander in Chief aforesaid be, and he is hereby fully authorised and impowered to take by impressing, or otherwise such quantities of provisions in the respective States as have been assessed upon them by the Resolutions of Congress of the twenty fifth of February 1780 and of the fourth of November 1780, or so much thereof as the said States or any of them have been deficient in supplying agreeable to the requisitions aforesaid; and in
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case larger quantities of provision should be taken from any of the States than their proportion aforesaid the same shall be paid for ill gold and silver or other money equivalent with interest as soon as the finances of the United States will admit of it.
Be it also resolved that the Commander in Chief aforesaid, cause sufficient carriages to be obtained by impress or otherwise for transporting such provision from the respective places of collection to such other places as he shall think proper, and that he order certificates to be given for all provision so taken and for teams or other carriages to transport the same. And be it further resolved that the powers herein granted to the Commander in Chief continue for the space of six months, unless sooner revoked by Congress, and that he be fully impowered and directed to execute the same, in case of necessity by military force and to call on the executive of the respective states for such aid, by all ways and means that to him shall appear conducive thereto or the necessity of the case may require. And the Board of War is hereby ordered to transmit forthwith to the Commander in Chief an account of the specific supplies furnished by the respective States according to the returns that have been made.1
[Note 1: 1 This motion, in the writing of Meriwether Smith, is in the Papers of the Continental Congress, No. 36, I, folio 185. It is indorsed: "August 24, 1781, not to be acted upon."]
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Sullivan, Mr. [William Churchill] Houston, Mr. [John] Mathews.
The committee to whom was referred the memorial from the honorable the minister of France reported the substance of a conference they have had with the said minister:
On the 22d of May the minister of France transmitted to Congress a letter from his Most Christian Majesty, in answer to theirs of the 22d of November last, and which is as follows:
To our very dear great friends and allies the President and members of the Congress of the United States of North America.
Very dear great Friends and Allies,
We have received your letter of the 22d of November last, which you directed Dr. Franklin to deliver. We have seen therein with pain the picture of the distressed
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state of your finances, and have been so affected that we have determined to assist you as far as our own wants and the extraordinary and enormous expences of the present war in which we are engaged for your defence, will permit. The chevalier de la Luzerne is enjoined to inform you more particularly of our intentions. And we are persuaded that the details which he will make will induce you to exert your utmost efforts to second ours, and will more and more convince you how sincerely we interest ourselves in the cause of the United States; and that we employ all the means in our power to make it triumphant. You may rely on our perseverance in the principles which have hitherto directed our conduct. It has been fully proved, as well as the sincere affection we entertain for the United States in general, and for each in particular. We pray God to have you, very dear great friends and allies, in his holy protection.
Written at Versailles, the 10th March, 1781. Your good friend and ally.
Louis
Gravier De Vergennes.1
[Note 1: 1 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 277.]
At the time the minister of France transmitted the foregoing letter, he informed Congress that he had received despatches containing matters of great importance which he would hasten to communicate as soon as his letters were all deciphered.
Accordingly on the 25th of May he sent to Congress the following memorial:
Philadelphia, May 25, 1781.
The underwritten minister plenipotentiary of France has the honor to inform Congress, that the second division of the troops commanded by the Count de
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Rochambeau of the fleet destined for the protection of the coasts of the United States could not be expedited, nor are they to be expected this campaign. Measures however are taken to reinforce the corps now at Rhode Island, and to despatch some vessels of force to join the squadron and enable it to put to sea. The underwritten entreats that Congress would be pleased to name a committee to whom he will communicate the causes of this change, and they will therein find new proofs of wisdom in the motives which direct the conduct of his Majesty. But although for very important reasons he is deprived of the pleasure of assisting the United States with so considerable a fleet and army as was proposed, he will not be wanting in the most vigorous efforts against the enemy; and he trusts that the powerful diversions he shall make will prevent them from undertaking any enterprise which may not be baffled by the resources and courage of the United States. The king has at the same time resolved to give them a new proof of his affection, and of his earnest desire to remove the difficulties which they find in procuring funds to enable them to act with vigour and efficacy during the present campaign. With this view, notwithstanding the enormous expences he is obliged to incur in supporting the war in which he is engaged, the king has resolved to set apart a considerable sum which is to be applied to the purchase of the clothing, arms and ammunition, which Dr. Franklin was instructed to apply for. Upon this subject, the Count de Vergennes is to consult with that minister; and Mr. Neckar proposes to take the necessary measures for procuring the articles of a good quality and at a reasonable price. The king has resolved to grant the United States a subsidy of six millions livres tournois, and to enable Dr. Franklin to borrow four millions more for the service of this year. It is presumed that the whole amount of the six millions will not be wanted
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for the purchase of the articles required: in that case it is his Majesty's intention that the surplus be at the disposal of Congress, or of the superintendent of their finances, if they think proper to entrust him with the management of it. It was not possible for the court, considering the hasty departure of the frigate which brought the despatches, to determine the amount of the supplies after the purchase of the above mentioned articles; but as the wants of the United States seem not to admit of delay, the Chevalier de la Luzerne, without waiting for farther orders, undertakes of himself to fix it at one million five hundred thousand livres tournois. And if Congress think that the whole amount of this sum is wanted, he will immediately inform his court thereof, that measures may be taken for the punctual discharge of the bills that may be drawn. As it is the king's intention to establish the greatest regularity in the payments, it will be proper for the underwritten minister to confer with Congress, or the superintendent of finance, and to agree upon the drafts to be made, and the usances at which they shall be payable. It is necessary that the terms of payment be at a considerable distance one from another, lest the department of finance should not be in condition to pay such large sums at short periods. The king's intention in granting the United States this gratuitous subsidy is to enable them to act with vigour during the present campaign. And his majesty desires that Congress would give the necessary orders, that the whole may be applied to this important object, which does not admit of any delay. The communications which the underwritten minister is charged to make to Congress will convince them that not a moment's time is to be lost.1
[Note 1: 1 This version of the memorial is taken from the printed Secret Journal. Another translation is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 434.]
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On the 26th May the minister sent to Congress another memorial as follows:
Philadelphia, May 26, 1781.
The underwritten minister plenipotentiary of France has received orders to communicate to Congress some important details touching the present situation of sundry affairs in which the United States are immediately interested. The most essential respects some overtures which announce, on the part of Great Britain, a desire of peace. The Empress of Russia having invited the king and the Court of London to take her for mediatrix, the latter court considered this as a formal offer of mediation, and accepted it. It appeared at the same time to desire the emperor to take part therein; and this monarch has in fact proposed his co-mediation to the belligerent powers in Europe. The king could not but congratulate himself on seeing so important a negotiation in the hands of two mediators whose understanding and justice are equal. Nevertheless, his Majesty actuated by his affection for the United States, returned for answer, that it was not in his power to accept the offers made to him, and that the consent of his allies was necessary. The king wishes to have this consent before he formally accepts the proposed mediation. But it is possible that circumstances joined to the confidence he has in the mediators, and the justice of his cause, and that of the United States his allies, may determine him to enter upon a negotiation before the answer of Congress can reach him. But in either case, it is of great importance that this assembly should give their plenipotentiary instructions proper to announce their disposition to peace, and their moderation, and to convince the powers of Europe that the independence of the thirteen United States, and the engagements they have contracted with the king, are the sole motives which determine
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them to continue the war; and that whenever they shall have full and satisfactory assurances on these two capital points, they will be ready to conclude a peace. The manner of conducting the negotiation, the extent of the powers of the American plenipotentiary, the use to be made of them, and the confidence that ought to be reposed in the French plenipotentiaries and the king's ministers, are points which should be fully discussed with a committee. And the underwritten minister entreats that Congress would be pleased to name a committee, with whom he will have the honour to treat. He thinks that this assembly will be sensible that the king could not give a greater mark of his affection for the thirteen United States, or of his attachment to the principles of the alliance, than by determining not to enter upon a negotiation before they were ready to take part therein, although, in other respects, his confidence in the mediators, and the relation he stands in to one of them, were sufficient motives to induce him to accept their offers. Congress are too sensible of the uncertainty of negotiations of this sort not to know, that the moment of opening them is that precisely when the efforts against the enemy ought to be redoubled; and that nothing can facilitate the operation of the negotiators so much as the success of the arms of the allies; that a check would be productive of disagreeable consequences to both, and that would rise in their pretensions, their haughtiness, and obstinacy, in proportion to the languor and slackness of the confederates.
The undersigned will have the honour to communicate to the committee some circumstances relative to the sending Mr. Cumberland to Madrid; to the use which Mr. Adams thought he was authorised to make of his plenipotentiary powers; to the mission of Mr. Dana; to the association of the neutral powers, and to the
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present state of affairs in the south. Congress will find new motives for relying on the good will of the king, and on the interest he takes in favour of the United States in general, and of each one of them in particular.
Le Chevr. de la Luzerne.1
[Note 1: 1 This memorial is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 440.]
The two foregoing memorials were referred to Mr. [Daniel] Carroll, Mr. [Joseph] Jones, Mr. [John] Witherspoon, Mr. [John] Sullivan and Mr. [John] Mathews, who were instructed to confer with the minister, and receive his communications.
May 28. The committee, appointed to confer with the minister of France, report,
That the minister communicated some parts of a despatch which he had received from the count de Vergennes, dated the 9th March, 1781. That the resolves of Congress which had been adopted on the association of the neutral powers, were found very wise by the council of the king; and that it was thought they might be of service in the course of the negotiation. The French ministry did not doubt but they would be very agreeable to the Empress of Russia. But they were not of the same opinion with respect to the appointment of Mr. Dana, as a minister to the Court of Petersburg. The reason is that Catharine the second has made it a point, until now, to profess the greatest impartiality between the belligerent powers. The conduct she pursues on this occasion is a consequence of the expectation she has that peace may be re-established by her mediation; therefore she could by no means take any step which might show on her side the least propension in favour of the Americans, and expose her to the suspicion of partiality towards America, and of course exclude her from the mediation. The
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appointment of Mr. Dana, therefore, appears to be at least premature; and the opinion of the council is that this deputy ought not to make any use of his powers at this moment. In case he applies to the Count de Vergennes for advice, he will be desired to delay making any use of his powers. The count observes, it would be disagreeable to Congress that their plenipotentiary should meet with a refusal, that their dignity would be offended, and that such a satisfaction ought not to be given to the court of London, especially when negotiations of a greater moment are about to commence. However, the French minister had orders to assure the committee that his court would use all their endeavours in proper time to facilitate the admission of the plenipotentiary of Congress.
The minister communicated to the committee several observations respecting the conduct of Mr. Adams; and in doing justice to his patriotick character, he gave notice to the committee of several circumstances which proved it necessary that Congress should draw a line of conduct to that minister of which he might not be allowed to lose sight. The minister dwelt especially on a circumstance already known to Congress, namely, the use which Mr. Adams thought he had a right to make of his powers to treat with Great Britain. The minister concluded on this subject, that if Congress put any confidence in the king's friendship and benevolence; if they were persuaded of his inviolable attachment to the principle of the alliance, and of his firm resolution constantly to support the cause of the United States, they would be impressed with the necessity of prescribing to their plenipotentiary a perfect and open confidence in the French ministers, and a thorough reliance on the king; and would direct him to take no step without the approbation of his Majesty; and after giving him,
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in his instructions, the principal and most important outlines for his conduct, they would order him, with respect to the manner of carrying them into execution, to receive his directions from the Count de Vergennes, or from the person who might be charged with the negotiation in the name of the king. The minister observed that this matter is the more important, because, being allied with the United States, it is the business of the king to support their cause with those powers with whom Congress has no connexion, and can have none, until their independence is in a fair train to be acknowledged. That the king would make it a point of prudence and justice to support the minister of Congress; but in case this minister, by aiming at impossible things, forming exorbitant demands, which disinterested mediators might think ill-founded, or perhaps by misconstruing his instructions, should put the French negotiators under the necessity of proceeding in the course of the negotiation without a constant connexion with him, this would give rise to an unbecoming contradiction between France and the thirteen United States, which could not but be of very bad effect in the course of the negotiation.
In making these observations the minister remarked, that it was always to be taken for granted, that the most perfect independency is to be the foundation of the instructions to be given to Mr. Adams; and that without this there would be no treaty at all. The Count de Vergennes observes that it is of great importance that the instructions aforesaid be given as soon as possible to Mr. Adams. And the minister desired the committee to press Congress to have this done with all possible despatch. He communicated to the committee the following particulars, as a proof that this matter admits of no delay, and that it is probable
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the negotiation will very soon be opened. He told the committee that the English ministry, in the false supposition that they might prevail on the Court of Madrid to sign a separate peace, had begun a secret negotiation with that court by the means of Mr. Cumberland, but without any success. That the Court of Spain had constantly founded her answer on her engagements with his Most Christian Majesty. That on the other side, the King of France had declared to the king his cousin, that the independence of the United States, either in fact, or acknowledged by a solemn treaty, should be the only foundation of the negotiations of the Court of France with that of London. That the British court not seeming to be disposed to grant the independency, it appeared the negotiation of Mr. Cumberland was superfluous. However, this English emissary continued and still continues his residence at Madrid, although he cannot have any expectation of obtaining the object of his commission. That this direct negotiation was known to all Europe; and that it seemed to render every mediation useless. That, however, the Empress of Russia, excited by motives of friendship to the belligerent powers, and in consequence of the share which the association of the neutral powers had given her in the general emergency, has invited the king of France and the Court of London to require her mediation. That the Court of London has accepted the invitation with a kind of eagerness, and at the same time desired the Emperor of Germany to take a part in it. That the answer of the king of France to the overtures of the Court of Petersburg was, that he would be glad to restore peace by the mediation of Catharine, but that it was not in his power immediately to accept her offers, as he had allies whose consent was necessary for that purpose. To the same application made by
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the Court of Petersburg to that of Madrid, this court answered, that having entered into a direct negotiation with the Court of London by the means of Mr. Cumberland, it thought proper to wait the issue of it before it had recourse to a mediation. The emperor, as has already been observed, having been desired by the Court of London to take part in the mediation, immediately informed the King of France, as well as his Catholick Majesty, of this circumstance, offering his co-mediation to both the allied monarchs. To this the King of France gave the same answer which he had given to the Empress of Russia. As to the King of Spain, he again expressed his surprise at the English ministry's requesting a mediation, after having entered into a direct negotiation; and he declared that unless this negotiation should be broken off by the English themselves, it would be impossible for him to listen to a mediation which, in any other circumstance, would be infinitely agreeable to him.
These answers, though of a dilatory nature, may be looked upon as an eventual acceptation of the mediation. The minister observed that it will be, in effect, difficult to avoid it. That a refusal will not be consistent with the dignity of the two powers that have offered their interposition. That the king is obliged, from friendship and good policy, to treat them with attention. He further observed, that the demands of the king of France will be so just and so moderate, that they might be proposed to any tribunal whatever. That the only reason the king could have to suspend a formal acceptation is, that, at the time the offer was made, he was not acquainted with the intentions of his allies, namely, Spain and the United States.
The minister observed to the committee, that, in his opinion, this conduct must afford Congress a new proof
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of the perseverance of the king in the principle of the alliance, and of his scrupulous attention to observe his obligations; he added that, however, it is not without inconveniency that this dilatory plan has been adopted. The distance between the allied powers of France and the United States has obliged the Court of Versailles to adopt that plan, though liable to inconveniences, in order to conform to the engagements made by the treaties to determine nothing into a negotiation without the participation of Congress. Besides, several states being invaded by the enemy, the French council thought it inconvenient to begin a negotiation under these unfavourable circumstances. And being in hopes that the diversions made by the king's arms will prevent the British from making very great exertions against the thirteen United States, the French ministry expected that during the course of the present campaign they might be enabled to present the situation of their allies in a more favourable light to the Congress that might assemble for peace. These delays, however, cannot with propriety take place for any long time; and it was the opinion of the French ministry that it would be contrary to decency, prudence and the laws of sound policy again to refuse listening to the propositions of peace made by friendly powers; for which reason the Chevalier de la Luzerne was directed to lay all these facts confidentially before Congress. The minister informed the committee that it was necessary that the king should know the intentions of the United States with regard to the proposed mediation; and that his Majesty should be authorised by Congress to give notice of their dispositions to all the powers who would take part in the negotiation for a pacification. The minister delivered his own opinion, that he saw no inconveniency arising from the Congress imitating the example of the king,
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by showing themselves disposed to accept peace from the hands of the Emperor of Germany and the Empress of Russia. He added, that Congress should rely on the justice and wisdom of those two sovereigns; and at the same time, he renewed the assurances that his Majesty will defend the cause of the United States as zealously as the interests of his own crown. He informed the committee that, according to all accounts, the British ministry were removing as far as possible, in this negotiation, every idea of acknowledging the independence of what they call their thirteen colonies; and he said that Congress would judge by themselves that the court of London would debate with the greatest energy and obstinacy, the articles relating to America. He availed himself of this reflection to impress the committee with the necessity Congress are under of securing in their favour the benevolence and good will of the mediating powers, by presenting their demands with the greatest moderation and reserve, save independence, which will not admit of any modification. He further observed, that it was possible the difficulty of making a definitive peace might engage the mediators to propose a truce; and that it was necessary therefore to authorise eventually the plenipotentiary of the United States to declare their intention thereon.
He further observed that whatever might be the resolution of Congress, they would do well to recommend to their plenipotentiary to adopt a line of conduct that would deprive the British of every hope of causing divisions between the allies, and to assume a conciliating character as much as can be consistent with the dignity of his constituents, and to show such a confidence in the plenipotentiary of his Most Christian Majesty as is due to a power so much interested to support the dignity
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and honour of a nation whose independence they have acknowledged.
The minister told the committee that whatever might be the resolution of Congress respecting a peace or a truce, it was necessary to carry on the war with the utmost vigour. He urged reasons too well known to Congress to be related.
He desired the committee to inform Congress, that in case the offer of mediation from the two imperial courts should become so serious and so pressing as to oblige the king to give a decisive answer, his Majesty would accept of it conditionally for himself and for the United States. The taking this resolution would have no inconvenience, as the Court of France knew no reasons which could prevent them from following the example of the king by trusting their interests into the hands of just and wise mediators, and the refusal being liable to very dangerous consequences. The minister concluded the conference by observing, that a great object was to secure the United States from the proposition of uti possedetis: that the surest way to obtain that end was to reduce the English to confess that they are not able to conquer them. That present circumstances require great exertions from the Confederation; and that it was plain that every success gained by the army of Congress would infinitely facilitate the negotiations of their plenipotentiaries:
The Committee have not yet finished their conference with the Minister of France, and will have a further communication to make to (Congress.1
[Note 1: 1 The report of May 28, in the writing of Daniel Carroll, is in the Papers of the Continental Congress, No. 25, I, folio 203; it is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 453.
The king's letter, Luzerne's memorials, and the report of May 28, were entered only in the manuscript Secret Journal, Foreign Affairs, under date of May 29.]
Ordered, That it be re-committed that the committee may report thereon.
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On motion of Mr. [George] Walton:
Ordered, That he be excused from farther attendance at the Board of Treasury, and that another member be appointed in his room:
The member, Mr. [William Churchill] Houston.
On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [Theodorick] Bland,
Ordered, That the Medical Committee be discontinued, and that the Committee lodge with the Board of War all the returns and papers in their possession, and then be discharged; and that the business heretofore entrusted to them, and the powers with which they were invested, be transferred to the Board.
A report from the Board of Treasury was read, stating, that "in consequence of the act of 5th September last, certificates of certain denominations to the amount of one million dollars, were printed and signed: that by the act of the 26th April last, the certificates aforesaid being directed to be issued for balances of accounts liquidated in specie value, it became necessary to print other certificates blank, in order that the precise balances might be filled up;" Whereupon,
Treasury Office May 28th 1781
The Board of Treasury beg leave to inform Congress that in Consequence of the Act of the 5th Septr. last, for loaning one Million of dollars, Certificates of certain Denominations were printed and signed. That by the act of the 26th of April following, the certificates afsd. were directed to be issued for Balances of Accts. liquidated in specie value, which made it necessary to print other Certificates blank in order that the precise Balances might be filled up and which was accordingly ordered; but the Treasurer of loans having refused to sign them, unless the Denominations are first fixed, the Execution of those Acts are delayed and several Persons are waiting for their Certificates. If Congress agree with the Board, that other Certificates are necessary, they will please to order, that the Treasurer of Loans, sign such other Certificates under the Act of the fifth of September and 26th of April last and of the 7th and 22d Instant, as the Board of
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Treasury shall direct, the amount of the respective balances being sent with such direction and first inserted.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, V, folio 339.]
Ordered, That the treasurer of loans sign such other certificates, under the act of the 5th of September, 1780, and 26th of April last, and of the 7 and 22 instant as the Board of Treasury shall direct, the amount of the respective balances being sent with such directions, and first inserted, such certificates to be countersigned by the commissioner of the continental loan office where the claimant or claimants may choose to have the interest made payable.
On motion of the delegates of Pensylvania,
Resolved, That Tench Francis be added to Mr. Thomas Smith and Mr. Richard Bache; and that any one of them be authorised, on behalf of the United States, to sign the bills of credit issued by the Commonwealth of Pennsylvania, pursuant to the act of Congress of 18 March, 1780.
Adjourned to 10 o'Clock to Morrow.
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