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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, JULY 23, 1781
Mr. Elias Boudinot, a delegate for the State of New Jersey, attended and produced the credentials of his appointment, which are in the words following:
State of New Jersey July 12th 1781
The Council and Assembly in Joint Meeting at Princeton proceeded to the Election of two Delegates to Represent this State in Congress, in the room of William Patterson Esquire, who declined taking his Seat, and of William Burnett Esquire, whose Seat has become vacated, and the votes being taken the honorable Elias Boudinot and Jonathan Elmer Esquires were duly elected.
Resolved therefore
That the said Elias Boudinot and Jonathan Elmer Esquires be impowered in addition to the honorable John Witherspeon, Abraham Clark and William Churchill Houston Esqrs. to represent and vote in behalf of this State in the Congress of the United States of North America until the fifth day of November next, unless a new appointment shall sooner take place.
Jno. Stevens, Chairman.1
[Note 1: 1 The original is in the Papers of the Continental Congress, New Jersey, Credentials of Delegates.]
A letter, of 16, from General Washington, was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, X, folio 167.]
The committee, ∥consisting of Mr. Sullivan, Mr. Cornell, Mr. Sharpe,∥ to whom was referred an extract of General Washington's letter of 28th June last, respecting the cloathing department, delivered in a report; Whereupon,
Resolved, That the said extract of General Washington's letter, together with a letter from the superintendant of finance to the committee on the subject, be referred to the Board of War; who are directed to confer with the superintendant of finance and the cloathier, and make the best contracts in their power for procuring cloathing for the army.3
[Note 3: 3 This report, in the writing of William Sharpe, is in the Papers of the Continental Congress, No. 19, VI, folio 347.]
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A motion was then made by Mr. [James Mitchell] Varnum, seconded by Mr. [Roger] Sherman,
"That the amount of all cloathing furnished or to be furnished during the present campaign and for the next winter, by any of the states for their several troops, shall be credited to the states respectively, according to a just and equitable value, and shall be considered as so much advanced on account of such state's quota of taxes for the present year."
On the question to agree to this motion, the yeas and nays being required by Mr. [Roger] Sherman,
{table}
So it passed in the negative.
The committee, ∥consisting of Mr. Witherspoon, Mr. Carroll, Mr. Varnum, Mr. Sullivan, Mr. Mathews,∥ appointed to receive the communications of the honourable the minister of France, reported the substance of the said communications.
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The minister, from his despatches of the 9th of January, 1781, communicated to your committee the causes which delayed the measures which the Court of France proposed to take for the naval operations of this campaign, the length of the passage of Count d'Estaing to Brest, and other circumstances not necessary now to be recapitulated; and then told us that he was desired, in the mean while, to continue to assure Congress, that the interest which his Majesty takes in the American cause will essentially influence his measures for the present campaign.
The minister continued by observing, that the present situation of affairs between Great Britain and Holland presented a favourable opportunity for a union of the two republicks.
Your committee will not repeat the details of what has happened between the two powers of England and Holland; it is sufficient to observe, that Sweden and Denmark have adopted the plan of armed neutrality framed by the Empress of Russia. That the Dutch, upon invitation, had done the same; and the Court of London, irritated by this step, took hold of the pretence afforded by the papers found on Mr. Laurens, and published a manifesto on the 21st day of December, as well as a proclamation for expediting letters of marque. That this state of affairs, and the other consequences of this step, deserve the attention of Congress. That, if their High Mightinesses should join in this war, it would bring the two republicks to terms of more intimate union. That the opinion of the council of the king was, that Congress ought not to neglect to send to Holland a prudent and able man, with full powers. It would likewise be advantageous to give proper instructions to that minister; and as it may happen, in the course of the
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negotiations, that unforeseen incidents may present themselves, and as it is impossible at this distance to have quick information, it would be proper to have further instructions given by Dr. Franklin, in order to avoid all inconsistency or contradiction; and that the political operations of Congress, aiming towards the same end, may of course be more successful.
The minister communicated to your committee the contents of another despatch of the 19th of February last. After stating some facts relating to Mr. Laurens's capture and its consequences, which Congress is already acquainted with, the minister informed your committee that the Empress of Russia had on the 5th of January received the accession of the United Provinces to the association of neutral powers, and that there was great probability that her Imperial Majesty would support the Dutch against the tyranny of England; and that, in every supposition, Congress would do well to take such measures as to prepare without delay the means of uniting the interest of the two republicks by making proper advances to the States General. The minister added, that he was authorised by the king to offer Congress his interposition for this purpose.
The minister informed that, according to appearances, the Empress of Russia seemed to be well disposed to the independence of the United States; and that these dispositions give reason to think that the Empress will see with pleasure, that Congress has adopted her principles as to the neutrality; and that the Count de Vergennes has sent that resolution to the Marquis Verne, the minister of France at the Court of Russia:1
[Note 1: 1 This report was entered only in the manuscript Secret Journal, Foreign Affairs. It is in the Papers of the Continental Congress, No. 25, I, folio 227, and is in the writing of a clerk. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 600.]
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Ordered, That it be referred to the said committee.
The committee of the week made report; Whereupon,
The Committee for the week report
That the Memorial of Wm. Trent of the State of New Jersey, in behalf of himself and the other proprietors of a tract of land called Indiana, ought to be returned to him, he having desired the same for the purpose of expunging certain offensive expressions.
because insinuations against Congress of their delay and denial of justice or combination with the violators of law make not a necessary part of that firm language in which the redress of supposed injury may be sought and therefore offend against the deference due to the United States in Congress assembled, and
because the charge, adduced against the legislature of Virginia, acting upon oath "of an unexampled exertion of despotic and usurped power, and in manifest contravention to an express provision, contained in the declaration of rights of the state" ought not to be received inasmuch as it contributes nothing to the exposition of their claim, and criminates the sovereign power of the State with perjury
because it is unprecedented among the usages of nations and repugnant to the principles of the Confederation that a private citizen of one State, without the sanction thereof, should be considered as an adversary worthy to call another State into contest.
That the letter from the Superintendant of finance with the enclosure on the subject of rations for the use of the prisoners of war from Charlestown lately exchanged, ought to be referred to a special Committee.
That the letter of William Bingham on the subject of settlement and payment for goods furnished to the continent, ought to be referred to the Board of Treasury Committee appointed to settle his accounts.1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 32, folio 195.]
Ordered, That a letter, of 20, from the superintendant, of finance, with the paper inclosed, be referred to a committee of three:2
[Note 2: 2 The letter, of 20, is in the Papers of the Continental Congress, No. 137, I, folio 81.]
The members, Mr. T[homas] Smith, Mr. [Daniel] Carroll, Mr. [Samuel] Livermore:
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Ordered, That a letter, of 20th, from W. Bingham, be referred to the Committee of Commerce.
The committee of the week was chosen:
Mr. [Elias] Boudinot, Mr. [Daniel] Mowry, Mr. [William] Sharpe.
Ordered, That the postscript to the letter, of 10th, from General Washington, be referred to a committee of three:
The members, Mr. [John] Mathews, Mr. [John] Sullivan, Mr. [James] Madison.
Congress resumed the consideration of the report on Mr. [Theodorick] Bland's motion; Whereupon,
Resolved, That the auditor general be, and he is hereby, authorised and directed forthwith to ascertain, in the best manner he can, the specie value, at the time the same were dated, of the several bills drawn by Major General Lincoln, and accepted by the Board of Treasury, in pursuance of the resolutions of Congress of the 23d day of March and 6 July, 1780; and that the superintendant of finance issue certificates for the amount thereof, with lawful interest from the respective dates; and also provide sufficient funds for the final redemption of the said certificates, and for the punctual payment of the interest thereof annually, in specie, in the mean time.
Resolved, That Commissioners [five suitable persons] be appointed and authorised to open a subscription for a loan of [thirty thousand] dollars, for the support of such of the citizens of the states of South Carolina and Georgia, as have been driven from their country and possessions by the enemy, the said states, respectively, by their delegates in Congress, pledging their faith for the re-payment of the sums [so lent,] with interest, [in proportion to the sums which shall be received by their respective citizens, as soon as the legislatures of the said states shall severally be in condition to make provision for so doing], and Congress hereby guaranteeing this obligation:
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That the said Commissioners [five persons] do also receive voluntary and free donations, to be applied to the support of such [further relief of the said sufferers as are willing to accept the same.
Ordered, That the President send a copy of the above resolution to the executives of the several states not in the power of the enemy, requesting them to promote the success of the said loan and donation within their respective bounds in such way as they shall think best.1
[Note 1: 1 The last three paragraphs, in the writing of George Clymer, except the portions in brackets which are in the writing of Thomas McKean, axe in the Papers of the Continental Congress, No. 20, II, folio 391.]
A letter, of this day, from the Board of War, was read, enclosing a letter, of 12, from Otis & Henley at Boston:
Ordered, That the same be referred to the superintendant of finance.
A letter, of this day, from the superintendant of finance, was read; also,
A letter, of this day, from F. Hopkinson, treasurer of loans, was read, requesting leave to resign:2
[Note 2: 2 Morris's letter is in the Papers of the Continental Congress, No. 137, I, folio 89; Hopkinsoh's is in No. 78, XII, folio 171,]
Ordered, That his resignation be accepted.
Resolved, That the office of treasurer of loans be, and the same is hereby abolished; and that the business thereof be annexed to the office of treasurer of the United States.
Adjourned to 10 o'Clock to Morrow.
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