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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, AUGUST 31, 1781
The committee of the week made report; Whereupon,
The Committee of the Week report as follows:
That a petition of divers of the Inhabitants of the State of Pensylvania respecting the depreciation of the money lie on the table.
That the petition of Roger Kean for himself, the Officers, Mariners and Marines of the private Brigantine of War called the Holker be referred to a special Committee.
That the memorial of Col.° Van Schack be referred to a special Committee.
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That the letter of the Chevr. Dubuisson asking permission to return to France, intreating that Congress would grant him some testimonial of their approbation of his services, and that he might receive, if possible, bills of Exchange on France on account of his pay, be referred to a special Committee.
That the memorial of Mathew Irwin be read in Congress.
That the letter of Lewis Evans and Anthony Carne the one late a Carpenter's Mate, the other a private Seaman on board the Confederacy requesting the payment of wages due to them for services on board the said Ship of War be referred to the Board of War.1
[Note 1: 1 This report, in the writing of Nicholas Eveleigh, is in the Papers of the Continental Congress, No. 32, folio 235.
The Pennsylvania petition is in the Papers of the Continental Congress, No. 42, VI, folio 254; Kean's petition is in No. 41, V, folio 87; Van Schaick's memorial is in No. 41, X, folio 327; Du Buysson's, dated August 31, 1781, is in No. 78, VII, folio 403; Evans and Carnes's letter, dated August 30, 1781, is in No. 78, VIII, folio 371.]
Ordered, That a petition of divers inhabitants of the State of Pensylvania be referred to the committee on the memorials from sundry merchants respecting depreciation;
That a petition of Roger Kean in behalf of himself and others be referred to a committee of three:
The members, Mr. [George] Clymer, Mr. [Edmund] Randolph, Mr. [Daniel] Carroll;
That a memorial of Colonel Van Schack and the letter from Chevalier du Buysson be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Samuel John] Atlee, Mr. [Thomas] Bee;
That a letter of Lewis Evans and Anthony Carnes be referred to the Board of War.
A memorial of Thomas Savage was read:2
[Note 2: 2 This memorial is in the Papers of the Continental Congress, No. 41, IX, folio 175.]
Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [George] Walton, Mr. [Thomas] Bee.
A report from the Board of War, on a letter of this day, from Brigadier General Knox, in pursuance of orders from
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the Commander in Chief, was read; wherein they recommend that it may be resolved,
War Office August 31st 1781.
Sir,
The Board do themselves the honor to lay before Congress the Copy of a letter this moment received from Brigadier General Knox, and beg leave to observe that Congress by their act of the 26th of April last directed the Board of War to cause to be repaired and sent to the States of Virginia and North Carolina a number of arms not exceeding 2000 to each State. A part have been repaired and forwarded to Virginia, and about 1000 are now ready that were intended for North Carolina which must be sent with the army now going to the Southward, if the request contained in the enclosed letter is complied with, and notwithstanding the Board are decided in opinion that General Knox's request should be complied with, yet when they consider the aforementioned Resolution they do not think themselves at liberty to give the necessary orders. Should Congress agree to the opinion of the Board it may be proper to resolve,
That the Board of War take order for forwarding to the southern army, all the repaired arms in the city of Philadelphia, to be disposed of as the Commander in Chief shall think proper, the resolution of the 26th of April last notwithstanding.
N. B. If Congress should think proper to agree to the report the Board will direct the quantity allotted to North Carolina to be repaired out of the arms upon hand in this City and sent forward as soon as possible.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, Il, folio 217.]
A motion was made by Mr. [William] Sharpe, seconded by Mr. [Daniel] Carroll, to strike out the words "southern army," and in lieu thereof, insert, "governor of the State of North Carolina;" and to strike out what follows the word "Philadelphia," and in lieu thereof, insert, "for the purpose of arming the new levies raised in that State for the service of the United States."
On the question to agree to this, the yeas and nays being required by Mr. [William] Sharpe,
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{table}
So it passed in the negative.
On the question to agree to the report of the Board of War, the yeas and nays being required by Mr. [William] Sharpe,
{table}
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So it was resolved in the affirmative.
Another report of the Board of War was read:
Ordered, That it be referred to a committee of three:
The members, Mr. [James Mitchell] Varnum, Mr. [Roger] Sherman, Mr. [Samuel John] Atlee.
Ordered, That Mr. M[eriwether] Smith have leave of absence.
The committee, ∥consisting of Mr. Randolph, Mr. Vandyke, Mr. Ellsworth, ∥ to whom was referred the memorial of the honorable the Minister of France of 23, informing, "that the situation of affairs requires that Mr. de l'Etombe, consul-general of France, in the four New England states, should immediately repair to the place of his destination, delivered in a report; [Whereupon,]1
[Note 1: 1 This paragraph and the resolutions following were also entered in the manuscript Secret Journal, Foreign Affairs.]
The Committee to whom was Referred the Memorial of the Minister of France of the 23d. of August 1781, Report,
That upon M. de L'Etombe consul general of France in the States of New Hampshire, Massachusetts, Connecticut and Rhode Island and Providence Plantations ought to present presenting his commission to the United States in Congress Assembled,
An act be thereupon passed, recognizing him in his proper character,
That this act be delivered to the Supreme Executive power of the States aforesaid, to be registered by them to which he is sent.
That upon the delivery thereof, the exequatur or a public notification of the quality of M. de l'Etombe shall issue from the Supreme Executive power without fee or perquisite of office, and that until the ratification of some convention respecting consular power between the United States and his Most Christian Majesty, the same mode of recognition be observed.
Resolved, That the act of recognition, and the exequatur ought to be in the following forms:
The act of recognition.
By the United States in Congress Assembled.
It is hereby made known to all, whom it may concern, that full credence and respect are to be paid to M. de L'Etombe, as Consul
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General of France for the States of New Hampshire, Massachusetts Bay, Connecticut and Rhode Island and Providence Plantations which States are called upon respectively, by virtue of the powers, delegated by the confederation to the United States in Congress Assembled, to furnish the said M. de L'Etombe with their exequatur, or a notification of his quality, delivering one copy thereof to the said M. de L'Etombe and causing another to be published in one or more gazettes.
Done at Philadelphia thisday ofin the year &c.
Resolved, That the President inform the Supreme Executive power of the States aforesaid, that Congress recommend for the sake of uniformity the following form of the exequatur to wit:
To all, whom it may concern:
M. de L'Etombe having been recognized by the United States in Congress Assembled as Consul General of France in the aforesaid, It is hereby declared, that the privileges, pre-eminence and authority, belonging to such character and quality are due to him.
&c. &c. &c.1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 19, Il, folio 49.]
Resolved, That upon Mr. de l'Etombe presenting to the United States in Congress assembled, his commission as consul-general of France, an act be thereupon passed recognizing him in his proper character;
That upon the delivery thereof, the exequatur, or a public notification of the quality of Mr. de l'Etombe, shall issue from the supreme executive power without fee or perquisite of office:
Resolved, That until the ratification of some convention respecting consular power, between his Most Christian Majesty and the United States, the same mode of recognition be observed.
The committee to whom were referred the motions of Mr. [John] Mathews and Mr. [James Mitchell] Varnum, together with the information of Mr. Neufville;
The Committee to whom were referred the motions of Mr. Mathews, and Mr. Varnum, together with the information of Mr. Neufville report,
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That Mr. Neufville delivered to your committee his deposition in the following words:
Pennsylvania ss.
Isaac Neufville late of Charlestown in South Carolina of the age of fourteen, Deposeth and saith that he was informed at Charlestown that Col. Isaac Haynes of the South Carolina militia being surprized by a detached party of the British cavalry was taken and carried down to Charlestown. That he was there thrown into the Provost, and as it was publicly reported, was without even the formality of a trial sentenced to death by the British Commandant there. That it was reported that something like a court had been appointed for the purpose of proving the identity of his person. That the Deponent was informed that at the intercession of several persons among whom were many British officers he was respited for 48 hours. That a Petition for his pardon was signed and presented by those gentlemen to the Commandant but without effect.
That the Deponent was further informed that very early on the morning of Thursday the second of this instant a Messenger was sent to Col. Haines to acquaint him that his execution was to take place within an hour, and that it was left to his choice either to walk or ride to the place of execution. That the Deponent was further informed that Col. Haines was again respited without any interposition in his behalf and without any assigned cause till the fourth instant. That on that day in the morning he was escorted by a party of soldiers to a gallows erected without the lines of the town with his hands tied behind, and there hung up till he was dead, this Deponent having been present and an eye witness of the execution.
And further this Deponent saith not.
Isaac Neufville.
Sworn the 30th Day of August Anno Domini 1781.
Before me.
Thos. McKean.
Resolved, That an attested copy of the said deposition be transmitted to Major General Green, and that he make full enquiry into all the circumstances, attending the execution of Colo. Isaac Haynes, by order of the British Commandant in Charles Town, and that if thereupon it shall appear that such execution was contrary to the laws of war, he cause a British officer not under the rank of major to be executed in like manner, retaliation to be made in such manner, as is warranted by those laws, and will in his opinion have the most probable
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tendency to restrain the enemy from such acts of cruelty in future.1
[Note 1: 1 This report, in the writing of Edmund Randolph, the deposition being in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, II, folios 71 and 73. On September 7 it was recommitted, as the indorsement shows.]
The committee to whom was referred a letter from John Brown, of the 18th; and
The Committee to whom was referred a letter from John Brown Secretary to the Board of Admiralty, of the 18th of August, enclosing a letter from Mr Holker Consul General of France dated the 14th of August, Report,
That there appears due to the French volunteers for services on board the ship Ariel whose names are in a list transmitted by Mr. Holker in his letter directed to the Board of Admiralty of the 14th instant, the sum of six hundred and sixty six dollars, and sixteen ninetieths of a dollar [and that the paymaster of the Navy Board be directed to pay the same].
And this Committee are of opinion that such parts of Mr Holker's said letter as relate to apprehending of French seamen be referred to the Supreme Executive Council of the State of Pennsylvania.2
[Note 2: 2 This report, in the writing of Daniel of St. Thomas Jenifer, except the part in brackets, which is in the writing of Thomas McKean, is in the Papers of the Continental Congress, No. 19, I, folio 427.]
The committee to whom was referred the report of the Board of War, of the 15th;
delivered in their several reports.
Adjourned to 10 o'Clock on Monday.
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