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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 --FRIDAY, JUNE 15, 1781
A letter, of 12, from Charles Pettit, assistant quartermaster general, was read, desiring leave to resign:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 395.]
Ordered, That it be referred to a committee of three:
The members, Mr. [William Churchill] Houston, Mr. [Roger] Sherman, Mr. [Samuel John] Atlee.
A report from the Board of Admiralty was read:
Admirality Office June 12th. 1781.
The Board of Admiralty beg leave to inform the United States in Congress assembled, That they have repeatedly called upon James Wharton, who was long before the establishment of this Board appointed a Commissioner of Stores, and who hath received large sums from the Navy Board to purchase articles for fitting out ships, to exhibit his accounts, and he hath as often answered that when he received his appointment, he did not understand that he was to do the business of a clerk, and refuses to exhibit his accounts unless he can be furnished with a clerk to post his books. He says that when he shall have satisfied the demands against him for articles purchased for the public, the United States will be indebted to him.
How this is we cannot know until his accounts are exhibited. The Board wish that your honorable body would determine whether he should be allowed a clerk for the purpose mentioned or not.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 37, folio 483.]
Ordered, That it be referred to the foregoing committee.
A report from the Board of Admiralty on the letter, of the 25 April last, from Admiral Arbuthnot, was read:
Ordered, That it be re-committed.
A report of the Board of Admiralty on the letters from J. D. Schweighauser was read.
The committee of the week made report; Whereupon,
Ordered, That the memorial of William Thorne be referred to the Board of War.3
[Note 3: 3 This memorial, dated June 12, 1781, is in the Papers of the Continental Congress, No. 41, X, folio 127.]
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The committee to whom was referred the letter, of 3 February last, from General Washington, delivered in a report.1
[Note 1: 1 From this point the proceedings for the day were entered only in the manuscript Secret Journal, Foreign Affairs, and in the More Secret Journal, but from the latter the commission to the ministers plenipotentiary was omitted. A copy of the commission is found in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.]
A motion was made by Mr. [Thomas] McKean, seconded by Mr. [George] Partridge, to reconsider the third amendment proposed by the committee, and adopted on the 11th; and on the question to reconsider, the yeas and nays being required by Mr. [George] Partridge--
{table}
So it passed in the negative.
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INSTRUCTIONS TO THE HONOURABLE JOHN ADAMS, BENJAMIN FRANKLIN, JOHN JAY, HENRY LAURENS AND THOMAS JEFFERSON, MINISTERS PLENIPOTENTIARY ON BEHALF OF THE UNITED STATES OF AMERICA TO NEGOTIATE A TREATY OF PEACE.
You are hereby authorised and instructed to concur, in behalf of these United States, with his Most Christian Majesty, in accepting the mediation proposed by the Empress of Russia and the Emperor of Germany.
You are to accede to no treaty of peace which shall not be such as may, 1st, effectually secure the independence and sovereignty of the thirteen states, according to the form and effect of the treaties subsisting between the said states and his Most Christian Majesty; and, 2d, in which the said treaties shall not be left in their full force and validity.
As to disputed boundaries and other particulars, we refer you to the instructions formerly given to Mr. Adams, dated 14 August, 1779, and 18 October, 1780, from which you will easily perceive the desires and expectations of Congress; but we think it unsafe, at this distance, to tie you up by absolute and peremptory directions upon any other subject than the two essential articles abovementioned. You are therefore at liberty to secure the interest of the United States in such manner as circumstances may direct, and as the state of the belligerent and disposition of the mediating powers may require. For this purpose, you are to make the most candid and confidential communications upon all subjects to the ministers of our generous ally, the King of France; to undertake nothing in the negotiations for peace or truce without their knowledge and concurrence; and ultimately to govern yourselves by their advice and opinion, endeavouring in your whole conduct to make
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them sensible how much we rely on his Majesty's influence for effectual support in every thing that may be necessary to the present security, or future prosperity, of the United States of America.
If a difficulty should arise in the course of the negotiation for peace, from the backwardness of Britain to make a formal acknowledgment of our independence, you are at liberty to agree to a truce, or to make such other concessions as may not affect the substance of what we contend for; and provided that Great Britain be not left in possession of any part of the thirteen United States.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, I, folio 445.]
Samuel Huntington, President.
Ch. Thomson, Secretary.
The committee reported the draft of a commission to the ministers plenipotentiary for negotiating a peace, which being amended, was agreed to as follows:
The United States of America in Congress assembled--
To all to whom these presents shall come, send greeting.
Whereas these United States, from a sincere desire of putting an end to the hostilities between his Most Christian Majesty and these United States on the one part, and his Britannick Majesty on the other, and of terminating the same by a peace founded on such solid and equitable principles as reasonably to promise a permanency of the blessings of tranquillity, did heretofore appoint the honourable John Adams, late a commissioner of the United States of America at the Court of Versailles, late delegate in Congress from the State of Massachusetts, and chief justice of the said State, their minister plenipotentiary, with full powers, general and special, to act in that quality, to confer,
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treat, agree and conclude with the ambassadors or plenipotentiaries of his Most Christian Majesty and of his Britannick Majesty, and those of any other princes or states whom it might concern, relating to the re-establishment of peace and friendship: And whereas the flames of war have since that time been extended, and other nations and states are involved therein:--Now KNOW YE, That we, still continuing earnestly desirous, as far as depends upon us, to put a stop to the effusion of blood, and to convince the powers of Europe that we wish for nothing more ardently than to terminate the war by a safe and honourable peace, have thought proper to renew the powers formerly given to the said John Adams, and to join four other persons in commission with him; and having full confidence in the integrity, prudence, and ability of the honourable Benjamin Franklin, our minister plenipotentiary at the Court of Versailles, the honourable John Jay, late President of Congress, and chief justice of the State of New York, and our minister plenipotentiary at the Court of Madrid, and the honourable Henry Laurens, formerly President of Congress, and commissionated and sent as our agent to the United Provinces of the low countries, and the honourable Thomas Jefferson, governour of the Commonwealth of Virginia--have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint the said Benjamin Franklin, John Jay, Henry Laurens and Thomas Jefferson, in addition to the said John Adams, giving and granting to them the said John Adams, Benjamin Franklin, John Jay, Henry Laurens and Thomas Jefferson, or the majority of them, or of such of them as may assemble, or in case of the death, absence, indisposition, or other impediment of the others, to any one of them, full power and authority,
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general and special, conjunctly and separately, and general and special command to repair to such place as may be fixed upon for opening negotiations for peace; and there for us and in our name to confer, treat, agree and conclude with the ambassadors, commissioners, and plenipotentiaries of the princes and states whom it may concern, vested with equal powers, relating to the establishment of peace; and whatsoever shall be agreed and concluded for us and in our name, to sign, and thereupon make a treaty or treaties, and to transact every thing that may be necessary for completing, securing and strengthening the great work of pacification, in as ample form, and with the same effect as if we were personally present and acted therein: hereby promising, in good faith, that we will accept, ratify, fulfil and execute whatever shall be agreed, concluded and signed by our said ministers plenipotentiary, or a majority of them, or of such of them as may assemble, or in case of the death, absence, indisposition, or other impediment of the others, by any one of them; and that we will never act nor suffer any person to act contrary to the same, in whole or in any part. In witness whereof we have caused these presents to be signed by our President, and sealed with his seal.
Done at Philadelphia, the fifteenth day of June, in the year of our Lord, one thousand seven hundred and eighty-one, and in the fifth year of our independence. By the United States in Congress assembled.
Saml. Huntington, President.
Ch. Thomson, Sec'y.1
[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, I, folio 425. On folios 155 and 157 are the following, the part in brackets in Daniel Carroll's writing; the rest in that of John Sullivan:
[The Committee appointed to prepare the forms of Commissions for the Ministers Plenipotentiary chosen to negotiate a Peace, and to whom were referred several other papers,
Report the following draught of a Commission to the Ministers Plenipotentiary to negotiate a peace. No 1.
And the following draughts of a Commission to the said Ministers to accede to the Mediation of the Empress of Russia, and the Emperor of Germany. No. 2.
And report to Congress to order a Counterpart of the last proposed Comsn mutatis mutandis the order in which the Emperor of Germany and the Empress of Russia are named.
Your Committee request further time to report on the other several matters referred to them.]
The United States of America in Congress assembled To all to whom these present Letters shall come Greeting; Congress We being unwilling to omit any thing on their part which may depend on us for accelerating the consummation of the great and salutary work of peace, and reestablishment of the public tranquillity confiding entirely in the capacity, experience, zeal and fidelity for the service of the United Statesof for these and divers other good causes and considerations them us thereunto moving we have commissioned and appointed, and by these presents signed by the hand of their our President do commissionate and appoint, and have given and hereby do give to them, and either two of them, and to any one of them separately, in case of the death, absence or indisposition of the others, full power Commission and special mandate for and in the our name of the United States in Congress assembled, and in quality of their our Embassadors Extraordinary and Plenipotentiary to accept the Mediation of the Imperial Courts of Petersburgh and Vienna, and to settle with the Embassadors and Ministers that may assemble for the purpose of negotiating a peace, furnished with full powers in good form on the part of their Masters, and to agree upon, conclude and sign such treaty articles and conventions as the whole of them jointly, or the major part of them or any one of them separately in case of the death, absence or indisposition of the others shall think proper and particularly a definitive treaty which may reestablish a solid peace and lasting perfect union, between the United States and Great Britain as also the auxiliaries and allies of either the beligerent power hereby promising pledging the faith of the United States to accept and hold firm and valid forever and to execute punctually all that the said
or the major part of them or any one of them in case of the death, absence or indisposition of the others may stipulate, promise and sign by virtue of the present powers without ever contravening or permitting the same to be contravened for any cause or under any pretence whatsoever, and also for us to prepare and make out letters of ratification in good form to be exchanged in proper time. In witness whereof Congress we have caused their our seal to be affixed to these presents.
Done in Congress theday of1781]
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The committee also reported the form of powers authorising the ministers plenipotentiary to accept the mediation of the courts of Petersburg and Vienna for establishing peace between the belligerent powers, which was read.
Adjourned to 10 o'Clock to Morrow.
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