| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, AUGUST 14, 1781
A letter, of 21 June, from S. Parsons, at St. Pierre, Martineque;
A letter, of 16 July, from Barrere le Grand, of St. Domingo; and
A letter, of 11, from A. Lee, were read.1
[Note 1: 1 Parsons's letter is in the Papers of the Continental Congress, No. 78, XVIII, folio 407; Barrere le Grand's is in No. 78, XIV, folio 441; Arthur Lee's is in No. 78, XIV, folio 453.]
A letter, of this day, from Jonas Fay, Ira Allen and Beza Woodward, was read, with powers to them:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 40, II, folio 89, and the commission on folio 95.]
Ordered, That this be referred to the committee of five appointed on the 8th to confer with such person or persons as may be appointed by the people residing on the New Hampshire grants on the west side of Connecticut, &c.
A report from the Board of War was read; Whereupon,
At a Board of War August 14th 1781.
Present Colonel Grayson
General Cornell
The Board beg leave to inform Congress that Captain De Prey a prisoner of War to the enemy has obtained leave from the British Commissary at New York to come to Philadelphia on parole, for the purpose of negotiating an exchange, he is at this time destitute of money and friends and has represented to the Board (should his exchange not be effected) the impossibility of prosecuting his journey back to that City agreeable to the terms limited in his parole.
They therefore beg leave to report,
Ordered, That the Board of War draw a warrant on the paymaster general, in favour of Captain de Prey, of the legion commanded by the late Count Pulaski, for three hundred and sixty dollars in bills of the new emission equal
Page 861 | Page image
to six months' nominal pay and subsistence, for which sum he is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 163.]
The committee on the motion of the delegates [of] Virginia;
The committee on the report of the Board of War respecting R. Elliot; and
The committee on the report of the Board of War on General Greene's letter, of 23 June, for arming Lieutenant Colonel Lee's legionary corps; delivered in their respective reports; also,
The committee to whom was re-committed the ordinance for establishing a court of appeals in cases of captures reported the draught of a new ordinance, and in pursuance to the instructions to them given, they also reported an ordinance ascertaining what captures on water shall be legal;
In pursuance of the powers delegated by the Confederation in cases of capture on water:
Be it ordained by the United States in Congress assembled; that from and after the [first] day of [October] next, all resolutions and ordinances of Congress, relating to captures on water, and coming within the purview of this ordinance, shall be null and void. But questions of this nature, arising before that day shall be determined at any time during the War with Great Britain according to them, in the same manner, as if this ordinance had never been made.
It shall be lawful to capture and to obtain condemnation of the property hereinafter enumerated, if found below high water mark: that is to say:
I. All ships and other vessels, of whatsoever size or denomination, belonging to an enemy of the United States, with Passed. their rigging, tackle, apparel and furniture:
II. All goods, wares and merchandizes, belonging P. to, and found on board of a ship or other vessel of, such enemy:
Page 862 | Page image
III. All contraband goods, wares and merchandizes, P. belonging to such enemy, in the ship or other vessel of whatsoever nation found, and whithersover destined
IV. All goods, wares and merchandizes in a ship or other P. vessel of an enemy, [the property of neutrals always excepted.]
V. All contraband goods, wares and Merchandizes, to whatsoever nation belonging, destined for the use and operations of P. the enemy.
VI. All Ships or other vessels, goods, wares and merchandizes, [belonging to any Power P. or the Subjects of any Power] against which letters of marque or reprisal [shall] have issued.
VII. All Ships or other vessels, with their rigging, tackle, apparel P. and furniture, and with their Cargoes, to whatsoever Quere [Invested, besieged or.] nation belonging destined to any port or place blocked up by vessels of war blockaded by [a sufficient force] belonging to, in the service of, or co-operating with the United States or commanded by batteries on land so as to render it dangerous to enter therein [so effectually as that one cannot attempt to enter into such port without evident danger].
VIII. All ships or other vessels with their rigging, tackle, apparel and furniture, and with their cargoes, found in the P. possession of pirates.
The following captures shall not be lawful: that is to say:
I. Of ships or other vessels, belonging to a foreign nation other that an enemy, altho laden with the property of such enemy: Ships or vessels, bound to a blockaded, or commanded port or place, as aforesaid being always excepted.
II. Of property, belonging to an enemy, found in a ship or other vessel of a foreign nation, other than an enemy: Contraband goods being always excepted.
III. Of ships or other vessels or their cargoes, to whatsoever nation belonging, under the protection of any foreign power other that an enemy.
No prince, state, nation, power nor people nor subject nor citizen of any of them shall be adjudged an enemy, until some act of the United States in congress assembled shall [have been] made declaratory thereof.
Page 863 | Page image
The goods, wares and merchandizes, to be adjudged Contraband are the following--that is to say: arms, great guns, bombs, with their fuses, and other things belonging to [Instead of this the articles enumerated in the Treaty between G. B. and the Empress of Russia are to be inserted].1 them, cannon, ball, gunpowder, match, pikes, swords, lances, spears, halberts, mortars, petards, grenadoes, salt-petre, muskets, musket balls, bucklers, helmets, breast plates, coats of mail, and the like kind of arms, proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatsoever.
[Note 1: 1 TREATY OF COMMERCE BETWEEN G. B. AND RUSSIA, 2. DEC∥ 1734.
10th. Article It shall be permitted to the subjects of both contracting parties reciprocally in all accustomed places of export to load directs, that the subjects of each party shall pay no more custom or duty, than other nations, and that smuggled merchandize shall be confiscated.
11th. The subjects of either party may freely pass, repass or travel, in all countries which now are or hereafter shall be at enmity with the other of the said parties (places actually blocked up or beseiged excepted,) provided they do not carry any warlike stores or ammunition to the enemy: as for all other effects, their ships, passengers and goods shall be free and unmolested.
12th. Cannons, mortars, fire arms, pistols, bombs, granadoes, bullets, balls, fusees, flints, matches, powder, salt petre, sulphur, cuirasses, pikes, swords, belts, pouches, cartouchboxes, saddles and bridles, in any quantity beyond, what may be necessary for the ship's provision, and may properly appertain to, and be judged necessary for every man of the ship's crew, or for each passenger shall be deemed ammunition of war, and if any such be there found, they may seize and confiscate the same. according to law--but neither the vessels, passengers, nor the rest of the goods shall be detained, for that reason, or hindered from pursuing their voyage.
This paper, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 59, III, folio 290.]
No goods, wares nor merchandizes, not worked into the form of some instrument or thing prepared for war by land or sea, shall be reputed contraband.
If it shall manifestly appear, that of any entire thing, of which division cannot be made without injury to its value, P. a subject of the enemy, and a citizen or a subject of a foreign power, not being an enemy, are joint holders, the whole shall be condemned and sold for gold or silver: the proper proportion of the neat produce of which shall be deposited in the treasury of the states in which the sale shall be; to be paid to the order of such citizen, or the subject of such foreign power.
Page 864 | Page image
If such division can be accomplished, but neither the citizen, nor the subject of foreign power, nor his agent shall require P. specific restitution of his proportion, there shall be a sale in the same manner as if the property were indivisible. But if in such case a requisition be made to this effect, the due proportion shall be specifically restored, according to the ratio of the number and value of the property.
Where property shall have been originally captured on land from a citizen of the United States, and shall be recaptured[Passed.] below high water mark by another citizen thereof, restitution shall be made to the former owner upon the payment of a reasonable salvage, not exceeding ¼ of the true value.
In other cases of recapture, in which the original owner and the recaptor shall both be citizens of the United States, restitution [Withdrawn.] shall be made to such owner upon the payment of a reasonable salvage, not exceeding ½ of the true value; unless condemnation restitution shall not be made.
After such condemnation restitution shall not be made.
In either of the receding all cases of recapture by an armed vessel fitted out at the expence of the United States or either of them, the Court shall proceed to assess and [Passed.] determine the rate of salvage, upon the circumstances of risque, trouble and expence in incurred in making the recapture, and so much of the assessment, which would be due to the United States or either of them according to the rules of distribution hereinafter established, shall be remitted to the original owner the [adjudge the proportion reestablished, shall be remitted to of the United States of such recapture to be remitted to the owner.]
In all other cases of recapture in which the original owner or the recaptor shall not be a citizen of the United States, restitution shall be made to the owner without salvage [Passed]. upon payment of 1/3 of the true value for salvage if the property shall have been retaken in less than 24 hours after the capture.
But if it shall not have been retaken until the expiration of 24 [Passed September 13, 1781.] hours after the capture, no restitution shall not be made of the whole or any part.
In all cases of recapture in which a citizen of some one of the United States is wholly or in the greater part interested, on both sides, there shall be adjudged to the recaptor [if a private ship of
Page 865 | Page image
war or letter of marque and-reprisal] out of the true value of the vessel and cargo or either of them, 1/8 part, if the same have or hath been in the possession of the enemy 24 hours [at the least]; ⅕ part, if more than 24, but less than 48 hours; 1/3 part, if more, than 48, but less than 96 hours; and ½, if more than 96 hours unless there shall have been a [legal] condemnation thereof in some court of admiralty. In this case the whole shall be adjudged to the recaptor.
[In all cases of recapture] (If a person, not being a citizen of some one of the United States, but a subject of a foreign power, other than an enemy, be wholly, or in the greater part interested on either side) no computation shall be made of the time of possession, but the whole shall be adjudged to the recaptor, if the property retaken shall have been peaceably resident in the hands of an enemy upwards of 24. hours.
Besides those who are duly authorized to make captures by a special commission from Congress captures of the property of an enemy shall be allowed, when made
1. By a private vessel not having such commission, satisfactory proof being produced, that they were made in repelling P. a previous attack from an enemy.
P. 2. By any body or detachment of regular soldiers:
3. By inhabitants of the country, if made within cannon shot of the shore.
4 By a subject By an armed vessel [sailing under a See the Special wording of the Minister's letter as to condemnation at the instance of America. commission] of his Most Christian Majesty, during the present war with Great Britain.
5 By the crews of British vessels, while captures of this sort are licensed by the British.
Recaptures shall be made by no other persons, than those authorized to make captures; except the crews of vessels retaken.
Of no capture by an enemy on land, and a recapture thereof below high water mark shall restitution to the former owner be made, unless the property recaptured shall be distinctly and fully identified.
Condemnation shall be had of vessels and other property, brought off by any party of the British enemy.
The destruction of papers or the possession of double papers by any cap captured vessel shall be considered as evidence P. for condemnation, unless good cause be shown to the contrary.
Page 866 | Page image
From and after the first day of November, which shall be in the year of our Lord 1781, any letters of passport or safe conduct granted before the [27th.] day of March last, under the authority of Congress to any person whatsoever for the removal of property from a place beyond sea within the dominions or possessions of the British king shall be void.
Upon the capture of a vessel equipped in a warlike manner [commissioned as a Man of War or Privateer, by any of the P. ships of war of these United States], the whole of the property condemned shall be adjudged to the captors, to be divided in the following manner that is to say:
Upon the capture of a [any other] vessel not equipped in a warlike manner, if made by a public vessel [of war] belonging P. to the United States, or any one of them, one half shall be decreed to the United States, or the individual State as the case may be, and the other half to the captors, to be divided as aforesaid:
If by a private vessel having a commission the whole shall be adjudged to the captors to be divided according to contract.
If by a private vessel not having a commission satisfactory proof a roof a previous attack being first made as aforesaid 2/3 [the P. whole] shall be decreed to the United States, and 1/3 to the captors, to be divided, as aforesaid:
If by any body or detachment of regular soldiers the whole shall be adjudged to the captors, to be divided as P. aforesaid:
If by inhabitants of the country being militia in arms upon regular duty for other purposes and within cannon Shot of the Shore, the whole shall be adjudged to the captors and be divided as aforesaid:
If by inhabitants of the country, being militia, in arms, but not upon regular duty, 1/3 shall be adjudged to the State, and the remaining 2/3to the captors to be divided, as aforesaid:
If by inhabitants of the country, being militia but not in arms 2/3 shall be adjudged he remaining 1/3 to the captors, to be divided as aforesaid:
If by a Subject of his most Christian Majesty, the [torn] and division shall be according to the "ordinances de marine";and
If by the crews of British vessels, the whole shall be adjudged to the captors, (except in those instances, in which the capture P. may belong to an American Citizen) to be divided at the discretion of the Court.
Page 867 | Page image
The ships and effects of a Citizen of the United States, or a Subject of an ally of the U.S. any foreign State other than Passed Septemr. 17th., 1781. an enemy retaken from a pirate and reclaimed by the owner, within a year and a day from the date of the sentence of condemnation, by a petition to the Court which shall have condemned the same, shall be restored to such owner, upon the payment of one third of the value of the ships and effects to the recap for. Where no claim shall be put in within a year and a day, the whole value shall be adjudged to the recaptor.1
[Note 1: 1 This paragraph, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 59, III, folio 304.]
On recaptures of a vessel under the protection of an hostile a vessel [belonging to an enemy] equipped in a warlike manner, P. or where the vessel retaken is so equipped the proportion to be withdrawn from the original owner shall be divided as in the case of a capture of an hostile [enemy's] vessel, equipped in a warlike manner.
On recaptures of a vessel, under the protection of an hostile vessel, not equipped in a warlike manner, and where the vessel retaken is not so equipped, the proportion to be withdrawn from the original owner shall be divided, as in the case of a capture of an hostile vessel, not equipped in a warlike manner.
On recaptures by a british crew; the whole of the proportion to be withdrawn from the original owner shall be divided, as in the case of a capture by a british crew.
No part shall be deducted from the proportion, withdrawn from the proportion, withdrawn from the original owner, where the recapture shall have been made by a vessel fitted out at private expence.
Upon the capture of a slave belonging to the enemy, [Recommitted.] he shall be forthwith emancipated.
Upon the recapture of a slave, [negro or mulatto] belonging to [Recommitted; reported again.] a citizen of one of the United States, in which that property is yet tolerated, the same rules shall be observed, as in the recapture of vessels.
The rules of decision in the several courts shall be the resolutions and ordinances of Congress, public treaties, when declared to be so by an Act of Congress, and the law of nations, according to the general usages of Europe. Public treaties shall have the pre-eminence in all trials.
Page 868 | Page image
This act shall commence in force on theday ofnext.1
[Note 1: 1 This report, in the writing of Edmund Randolph, except the portions in brackets which are in Thomas McKean's writing, is in the Papers of the Continental Congress, No. 59, III, folios 297--300, 285, 291. It was made from the following draft:
In pursuance of the power delegated to Congress by the Confederation, in cases of capture on water
Be it enacted ordained by the United States in Congress assembled, that from and after theday ofnext, all resolutions of Congress relating to captures on water and coming within the purview of this ordinance, shall be null and void. But until that day all questions of this sort arising before that day shall be determined at any time during the present war with G. B. according to them in the same manner, as if this ordinance had never been made.
It shall be lawful to capture and make prize to obtain condemnation of the moveable property herein after enumerated; if found on the high seas, or between high and low water mark: that is to say:
- 1. All ships and other vessels of whatsoever size or denomination, belonging to the king of Great Britain, or any subject of the said king, any power or subject of a power; being an Enemy of the United States of America with their rigging, tackle, apparel and furniture;
- 2. All goods, wares and merchandizes, slaves being always particularly included in these terms; belonging to the said king, or any of his subjects, any power or subject of a power, being an enemy of the United States of America, borne and found in British the bottom or vessel of an such enemy and all contraband &c: borne &c. on board of any ships or vessels, belonging to a neutral nation.
- 3. All Contraband goods, wares and merchandizes, belonging to an allied or neutral power. to Wit, (here insert from the Treaty with France,) which, according to law of nations as received among the usages of Europe; are justly denominated contraband, and found in the bottom or vessel of an enemy:
In this description a slave belonging to a neutral power or its subjects actually employed in navigating a vessel authorized to make seizures, shall be included:
- 4. All vessels, goods, wares, and merchandizes, taken by virtue of letters of marque or reprisal.
- 5. All vessels, belonging to an ally of the United States if employed in carrying contraband goods, wares or merchandize, or soldiers to the enemy of the United States.
The following Captures shall not be lawful, viz:--No prince, nor other State, nor any subject of the same shall be adjudged an enemy, until by some act of Congress shall be made declaratory thereof. The goods, wares, and merchandizes to be adjudged contraband are the following: (here enumerate those denominated such in the Treaty of Versailles.)
- 1. of hostile property found in neutral bottoms: contraband goods being always excepted.
- 2. of hostile property under the protection of neutral coasts, nations or princes.
- 3. of allied or neutral property found in the ship or vessel of an enemy of the United States, contraband property being excepted as aforesaid.
- 4. of the property of an ally of the enemy unless contraband or found in the bottom of the enemy; without a special act of Congress to that effect.
- 5. Qu: if some exception ought not to be made in favor of a Bermudian bringing salt only.
Hostile property shall be adjudged to be under the protection of neutral nations or princes, when within cannon shot of any territory over which such nations or princes exercise the rights of sovereignty and jurisdiction.
If it shall manifestly appear that of any entire thing, of which division cannot be made without injury to its value, a subject of the enemy and a citizen Express neutral by other than the enemy. or a subject of a neutral power are joint holders, the whole shall be condemned and sold for gold or silver: one half the proper proportion et the neat produce of which shall be deposited in the Treasury of the State in which the sale shall be, to be paid to the order of the citizen or neutral owner:
If such division can be accomplished, but neither the citizen or neutral owner, nor his agent shall require specific restitution of his proportion, there shall be a sale in the same manner as if the property were indivisible; But if in such case a requisition be made to this effect, the due proportion shall be specifically restored according to the ratio of the number and value of the property.
In all cases of recapture, in which a citizen of one of the United States is wholly or Qu: If this ought not to be conformable to the Ordinance which gives whole to recaptors after 24 hours (Yes in recaptures by the ally.) in the greater part interested, on both sides, the former owner shall pay there shall be adjudged to the recaptor out of the true value of the vessel and cargo or either of them 1/8 part; if the same have or hath been in the possession of the enemy 24 hours; ⅕part, if mere the than 24, but less than 48 hours; 1/3 part, if more than 48, but less than 96 hours, and ½ if more than 96 hours, unless there shall have been a condemnation thereof in some court of admiralty. In this instance the whole shall be adjudged to the recaptor.
If a person not being a citizen of some one of the United States but the subject of a foreign power in alliance with them other than the enemy, be wholly or in the greater part interested on either side, no computation shall be made of the time of possession, but the whole shall be adjudged to the recaptor, after 24 hours possession.
If a person not being a citizen of some one of the United States but the subject of a neutral power be wholly or in the greater part interested on either side, the like adjudication shall obtain as in a contest between citizens.
But nothing shall be considered as captured until the battle over, or sure possession be taken by the enemy.
Besides those who are duly authorized to make captures by a special commission the following persons may captures of hostile property shall be allowed in certain circumstances: to wit; those made by--
A private vessel, not having such commission, upon satisfactory proof, that they were made upon the high seas in repelling a previous attack from the enemy:
*Within Cannon Shot of the Shore. Say inhabitants of Country. By any body or detachment of regular soldiers, militia in arms, militia unarmed called to arms by authority or militia not in arms of under such authority, or citizens not liable to militia duty between high and low below high. water mark*
Where upon any contest between joint captors authorized to capture in different characters the courts of appeals and admiralty shall settle the proportions due to each according to their labour, risque, expence, and real influence in capturing.
Recaptures may shall be made by all no other persons than those authorized to make captures: except the crews of vessels retaken.
Condemnation shall be had of vessels and other property brought off by any party of the British enemy in the same manner so long as the, and they shall be adjudged to the party bringing them off, so long as the like rule shall be continued by the enemy.
Of no capture by the enemy on land, and a recapture thereof between high and low below high water mark shall restitution be made, unless the To prevent injury to taker upon a new cargo. property taken distinctly identified: when identified, it shall be subject to the same rules as to the time of its residence in the hands of the enemy, as are above set forth respecting vessels except that in all such cases, possession by the enemy for 96 hours, shall absolutely divest the property of the original owner.
The destruction of papers, or the possession of double papers, by any captured vessel unless good cause be shewn to the contrary or the fighting under the flag of another nation than that from which the commission is derived shall be considered just grounds sufficient evidence for condemnation.
From and after the first day of November, which shall be in the year of our Lord 1781, any letters of passport or safe conduct, granted before the--day of--under the authority of Congress to any person whatsoever, for the removal of property from places within the dominions or possessions of the British King, shall be void.
Distribution shall be as follows:
Upon the capture of a vessel equipped in a warlike manner, the whole with her cargo of the property condemned shall be adjudged to the captors to Apply to Mr.Roger Sherman. be divided in the following manner: (E. R. knows not the just proportions)
Upon the Capture of a Vessel not so equipped, if made by a public vessel, belonging to the United States, or an individual, one half shall be decreed to if bro? off by a party. the United States, or such individual State, and the other half to the captors to be divided as aforesaid: if by a vessel fitted out at the expence of a private person, the whole shall be adjudged to him and paid, if he be absent to the commander or any other agent for his use captors: if by a private vessel, not having a commission, proof being made as aforesaid, 2/3 to the United States, and 1/3 to the owner, or if he be absent to the commander, or any other agent for his use, captors: if by a body or detachment of regular soldiers or militia for other purposes upon regular duty in arms under authority the whole shall be adjudged to the Captors to be divided in the following manner [deest] if by Militia not in arms under authority or citizens not liable to Militia duty, ½ to the United States State to which they belong; the other to them, to be divided in the following manner: to wit:
[deest]
Upon the capture of a vessel not equipped in a warlike manner, 1/3 shall be always deducted for the use of the United States, where made by a vessel of war belonging to them, by regular soldiers or by militia in arms under authority; and for the use of any individual State, to which a vessel, militia not in arms under authority or citizens not liable to militia duty making the capture may belong. The balance shall be decreed to the captors, to be divided in the proportions aforesaid according to the case.
A third shall not be deducted, where the capture shall have been made by a vessel fitted out at private expence.
On recaptures of vessels under the protection [of] an hostile vessel equipped in a warlike manner or where the vessel retaken is so equipped the proportion to be deducted withdrawn from the original owner shall be divided, as in the case of a capture of an hostile vessel, equipped in a warlike manner.
Qu: if not best to give the whole of recaptures the recaptors. On recaptures made from an hostile vessel not equipped in a war like manner, or where the vessel retaken shall not be so equipped, the said proportions shall be divided as in the case of a capture of an hostile vessel not equipped in a warlike manner.
But a third or any part shall not be deducted where the capture or recapture shall have been made by a vessel, fitted out at private expence and bearing British Crew. a commission.
Mem: in case of Omission a general reference to be made for the rule of decision established in the Court-law, and to the law of Nations.
Make a clause as to Slaves.
This draft, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 59, III, folio 301. The following on folio 287 is in James Duane's writing:
General Law respecting property. Negroes Mulattos or others whose services shall be claimed by an Enemy shall be emancipated.
But if the service of such negro, mulatto or other person captivated as aforesaid shall not be legally claimed by a citizen of these United States he shall be set at liberty.]
Page 869 | Page image
A resolution in aid of the law erecting the court of appeals; and
An ordinance regulating inferior courts of admiralty in certain cases:
Ordered, That these ordinances be considered on Monday next.
Page 870 | Page image
The report of the committee on the motion of the delegates of Virginia was taken into consideration, and certain resolutions passed thereon.
On the report of a committee to whom was referred a motion of the delegates of Virginia:
Page 871 | Page image
The Committee to whom the Resolution relative to supplying the Governor of Virginia with passports for the importation of salt, was referred Report.
That it appears to your Committee that the command which the enemy have of the Sea Coast of Virginia, and the navigable waters thereof, wholly obstructs the importation and manufacture of salt, and their late ravages through the country have reduced the shipping to the lowest state, banished the seamen and destroyed all the salt that fell into their hands.
That a supply of this commodity is absolutely and essentially necessary for that State, as the army there, without salt meat, must experience the greatest sufferings.
Page 872 | Page image
That the unremitted duty of the Militia, has hitherto prevented and for a considerable time will probably prevent, them from seeking this necessary article at any distance from home.
That notwithstanding these difficult circumstances your Committee considering the many evil consequences arising from opening a trade with the Enemy under any circumstances whatever would have recommended a negative to the Resolution proposed by the Delegates of Virginia, had it not been for the Resolve of Congress of--indulging the State of South Carolina in the like request. Your Committee therefore, apprehending the necessity of doing equal justice to every State in the union under similar circumstances, do recommend the following Resolution:
Resolved, That the President be authorized to furnish his Excellency the Governor of Virginia with eight sets of passports by him licensing either Bermudian vessels to import salt only into Virginia Maryland, or North Carolina for the use of Virginia and to export from thence for Bermudas only, corn and flour to the same amount in return, or license any American Vessels to export corn and flour to Bermudas only, and to import the full value thereof in salt only into Virginia, Maryland or North Carolina, for the use of Virginia. Provided not more than eight vessels in the whole be covered by said Passports, for one voyage each, and that said Passports continue in force only for the space of eight six months from this Date.
[Resolved, That sixteen passports be granted to be employed by the governour of Virginia in protecting such number of vessels as shall be sufficient to import fifty thousand bushels of salt for the use of Virginia;1
[Note 1: 1 This paragraph, in the writing of Joseph Jones, is in the Papers of the Continental Congress, No. 20, II, folio 264.]
That eight passports be granted to be employed by the governour of Maryland in protecting such a number of vessels as shall be sufficient to import twenty-five thousand bushels of salt for the use of the State of Maryland.
That the said passports continue in force for the space of six months from the date thereof, and no longer.]
Page 873 | Page image
Resolved, That the President inform the said governours that nothing less than the pressing necessities of Virginia and Maryland could have induced Congress to relax the resolution made against farther intercourse with the enemy. That an abuse of this indulgence will highly injure the American cause; and that Congress rely on them to guard the same against misapplication by every possible precaution; and to cause the passports to be returned to the President after the accomplishment of the purposes for which they are now granted.1
[Note 1: 1 These resolutions in reference to importation of salt were entered only in the manuscript Secret (Domestic) Journal and in Secret Journal, No. 8. The report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 20, II, folio 261. The portion in brackets is not in the report.]
Adjourned to 10 o'Clock to Morrow.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |