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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, SEPTEMBER 21, 1781
A letter, of this day, from the superintendant of finance, was read, with sundry papers relative to the hospital department: 1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 137. I, folio 141.]
Ordered, That they be referred to a committee of three.
A motion was made by Mr. [James] Duane, seconded by Mr. [James Mitchell] Varnum,
"That the resolutions respecting the filling up vacancies in the general hospital, and the promotions made yesterday, be suspended until the committee to be appointed shall have reported."
And on the question to agree to this, the yeas and nays being required by Mr. [James] Duane,
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So the motion was lost.
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The members, Mr. [Roger] Sherman, Mr. [Joseph] Montgomery, Mr. [Elias] Boudinot.
A letter, of this day, from Colonel Armand, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 164, folio 466.]
Ordered, That it be referred to a committee of three:
The members, Mr. [Samuel John] Atlee, Mr. [William] Sharpe, Mr. [Isaac] Motte.
A letter, of this day, from Major de Lomagne was read:
Ordered, That it be referred to the Board of War. A letter, of 12, from Colonel Broadhead, was read:
Ordered, That it be referred to the Board of War. Letter from J. Mercier was read.2
[Note 2: 2 Lomagne's letter is in the Papers of the Continental Congress, No. 78, XIV, folio 491.
Brodhead's is in No. 78, IV, folio 197; Mercier's, dated September 22, 1781, is in No. 78, XVI, folio 235.]
The report of the committee on the memorial of Major General St. Clair was taken into consideration:3
[Note 3: 3 The report on St. Clair's memorial is in the Papers of the Continental Congress, No 19, V, folio 387; that on Stark's memorial is on folio 389; both are in the writing of George Walton.]
The Committee to whom the memorial of Major General St. Clair was referred beg leave to report, that the Board of War draw a warrant on the Paymaster General for five hundred dollars in specie in favor of Major General St. Clair on account of his pay that he may be enabled to proceed on the duties of his command.
Ordered, That the same, together with the memorial, be referred to the superintendant of finance.
The report of the committee on the memorial of Brigadier General Stark was read:
The Committee to whom was referred the memorial of Gen(1) Stark beg leave to report, that the said memorial be referred to the Board of War.
Ordered, That the memorial be referred to the Board of War.
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Congress resumed the second reading of the ordinance respecting captures; and on the question to agree to the following paragraph, viz.
"On the re-capture by a citizen, of any negro, mulatto, Indian or other person from whom labour or service is lawfully claimed by another citizen, specific restitution shall be adjudged to the claimant, whether the original capture shall have been made on land or water, a reasonable salvage being paid by the claimant to the re-captor, not exceeding one fourth part of the value of such labour or service, to be estimated according to the laws of the State of which the claimant shall be a citizen: but if the service of such negro, mulatto, Indian or other person, captured below high-water mark, shall not be legally claimed by a citizen of these United States, he shall be set at liberty."
The yeas and nays being required by Mr. [John] Mathews,
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So it was resolved in the affirmative.
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Ordered, That Monday next be assigned for the third reading of this ordinance.
The committee ∥consisting of Mr. Osgood, Mr. L'Hommedieu, Mr. Sheman,∥ appointed to enquire into the state of the accounts depending before the Board of Treasury and chambers of accounts, report,
"That there are no matters depending before the Board of Treasury, but what without inconvenience, may be taken up by the proper officers under the new arrangement: but that there are sundry accounts depending before the chambers of accounts and considerable progress made in the settlement of some of them;" Whereupon,
Ordered, That the late commissioners of the chambers of accounts make a fair state of the several accounts referred to them for settlement, so far as they have proceeded in adjusting the same, and deliver them to the comptroller or the auditors that shall be appointed to compleat the settlement thereof, with all such remarks as they may have noted respecting any of the accounts by them examined, which are not compleatly settled.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 26, folio 311.]
The committee ∥consisting of Mr. Duane, Mr. Randolph, Mr. Mathews, Mr. Boudinot and Mr. Sherman∥ to whom was referred the memorial of the honble. the Minister plenipotentiary of France delivered in a report.
That they have this day held a conference with the said minister plenipotentiary, and received the following communications contained in sundry despatches from Count de Vergennes, minister for foreign affairs to his most Christian Majesty, viz.
From a letter of 19th April. That Count de Vergennes had transmitted to the minister the details respecting the proposed mediation of the courts of Vienna and
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Petersburg.--(The minister observed, that this had already been communicated to Congress through a committee. He repeated, for our recollection, that the acceptance on the part of France of the proposed mediation depended entirely, at that time, on the concurrence of the United States; and that with respect to Spain, its conduct would be determined by the dissolution of the negotiation with Mr. Cumberland. That the Court of Spain had informed the Court of London, on the first proposal of the mediation of the imperial courts, that as a direct negotiation with the king of Great Britain was opened through Mr. Cumberland, a mediation was unnecessary.)--That affairs since that time had taken a different turn. Mr. Cumberland has been recalled; and the Catholick King, being now entirely at liberty, has accepted the mediation of the two imperial courts. That the king, our ally, had done the same; but that both kings had declared at the same time to the two mediators, that the mediation could not possibly have any activity without previously establishing some fundamental preliminaries. Of this observation the two mediating courts had already felt the propriety. That France was then (viz. 19th April) expecting the effect which this communication would produce on the Court of London. That the first question proposed by France, related to the admission of an American plenipotentiary; and that the object of the second was to know, upon what footing the king of England intended to treat with the United States. The Court of France, not knowing that the United States had agreed to accept the mediation, again invite us to it.--(The minister here observed that Congress would judge by the questions proposed to the mediating powers, by the king his master, of the principles by which his Majesty was actuated with respect
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to the United States. He assured us that his Majesty is invariably resolved to abide by those principles, and will enter into no negotiation whatever before he shall receive a satisfactory solution to those two questions. He added, that the French ministry trusted that this conduct would more and more convince the United States, and would cause them to imitate the example of the king, and to feel that their honour and their interest call for their constant attachment, their friendship, and unreserved confidence towards him.)--The Count de Vergennes observes, that it is plain from these circumstances, that the negotiation for peace will be full of difficulties, and that it will probably be necessary, in pretensions as well as proceedings, to be very cautious, and to act so as to remove those difficulties, and every thing which might increase the acrimony to which the English plenipotentiaries may be naturally inclined.
From another letter of the same date. That when this letter was written, the Court had received information of the sentiments of the Court of London with respect to the United States. The Count de Vergennes mentions, that in the act by which the Court of London accepts the mediation of Russia, and requests the mediation of the emperor, she declares that she is ready to make peace, as soon as the league between France and her revolted subjects should be dissolved. That this pretension had met from the Court of France the contempt which it deserved. She on her part has declared, that if this proposition contained the last determination of England, it would be in vain to think of peace; and she has desired the English ministry to give a positive answer on the two questions abovementioned. That this declaration had been exactly transmitted by the Court of Vienna to that of London; and the result of the
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answer made by that court to the Imperial Majesty is, "That in all points to be agitated in a future congress, England will behave with great equity and condescension; but the dependence of her rebel subjects in America must be pre-established, and that this matter must be left entirely to the care of Great Britain." That it is easily to be perceived, that while things remain in this situation there can be no possibility of a mediation or peace. The Count de Vergennes remarks, that Congress will be finally convinced that it is only by arms and the most vigorous exertions that our independence can be extorted from the Court of London, and not at all by negotiation or persuasion. That the Court of France will transmit to the Court of Vienna the sentiments of the king on the British answer. That if these sentiments should be forwarded to the Court of London without any commentary, it is probable they would make but a slight impression: but it may be hoped from the justice of his Imperial Majesty that they will be supported by such reflections as to make a greater impression on the British court: although it is not to be expected, that the Austrian court will fully enter into the views of his Most Christian Majesty, until the matter shall be more perfectly explained. The Count nevertheless urges the necessity of sending forward proper instructions and powers for themediation.
From a letter of the 11th of May. That the affair of the mediation has made no progress; and that it is very probable that the mediators will not be soon enabled to begin the negotiation. That the admission of an American plenipotentiary presents the greatest difficulties: that the Count however will take every measure in his power to have this admission decided in favour of the United States before the regular opening
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of the mediation. The Count urges the Chevalier de la Luzerne to observe to Congress, that the best manner of removing these obstacles would be a decisive victory gained by the United States in the present campaign.
From a letter of 27th of July. Count de Vergennes observes on an opinion which prevailed in America respecting the friendly disposition of the powers of Europe towards the United States, that as yet not one court had taken the least step which manifests their disposition towards the United States. That the courts of Vienna and Petersburg, having assumed the character of mediators, cannot be too reserved. For by a different conduct they would become obnoxious to one or other of the belligerent powers, and lose the important and glorious part with which they are intrusted. That it results from these observations, that the United States ought to look upon themselves as being still separated from all other powers; and that they have but one professed friend, which is France; and that the United States ought to rely principally upon their own resources. The Count de Vergennes observes, that he has talked circumstantially with Mr. Adams on these subjects, who appeared to be satisfied with what had been done in favour of his country. That he had communicated to Mr. Adams the preliminary overtures made by the two imperial courts, as well as the intended answer of his Most Christian Majesty. That the great or only difficulty concerns America. That France will do all in her power to remove that obstacle, upon which depends the activity of the mediation. That as soon as it shall be removed, or proved to be unsurmountable, proper instructions will be forwarded to the Chevalier de la Luzerne, concerning
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the conduct which the state of affairs will require from Congress. That the Court of France had received, with great satisfaction, information that Congress were disposed to trust their interest to the two mediating powers. The Chevalier de la Luzerne is directed to inform Congress that no use shall be made of this disposition, in the present state of affairs; and that it shall be communicated only when it can be done consistently with the dignity of the United States.
From a fetter of the 19th of April. That Mr. Dana has communicated to Count de Vergennes his appointment, and requested his advice concerning the conduct which circumstances demanded on his part. That it gave the Count great pleasure to observe this proof of the confidence which Congress and their ministers reposed in the friendship and advice of his court. That the Count informed Mr. Dana, that he would run the risk of exposing his person, and the dignity of the United States, if he assumed any character whatsoever in Russia, while the empress had not acknowledged the independence of the United States, and expected to act the part of a mediatrix, which demanded the most perfect impartiality. That Mr. Dana felt the propriety of the observation; and proposed to the Count that he should appear in Russia in the character of a common traveller, keep his commission a secret, and avoid with the greatest care to speak of business, unless requested so to do by the Russian ministry. That the Count fully approved of this prudent scheme; and apprized Mr. Dana of all the difficulties he would meet with. He had him recommended to the Marquis de Verne, envoy extraordinary at the Court of Petersburg; and the Chevalier de la Luzerne is directed to assure Congress that the Marquis de Verne would do all in his
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power for Mr. Dana's best reception, and with pleasure assist him with his counsels as often as he should have recourse to them. That the Marquis de Verac had communicated to the Russian ministry the resolution of Congress concerning the principle of the declaration made by the empress of Russia to the belligerent powers. That this envoy informs the Count de Vergennes, that the contents of this resolution had afforded great satisfaction to Count Panin, minister for foreign affairs, who intended to submit it without delay to the perusal of the empress. That the Marquis de Verne did not doubt but that she would be pleased with the readiness of Congress to adopt that principle; and that correspondent resolutions will have been taken respecting the navigation of the neutrals.
From a letter of the 29th of June. That the accession of the State of Maryland to the general confederation, in the opinion of the Court of France, presents very great advantages; among which is this, that Congress, having at last acquired that power which the Act of Confederation has assigned them, it is to be expected that their orders will be fully and exactly executed, and that they will take advantage of the resources of their country to give to American patriotism new energy. The minister is directed to inform Congress of the satisfaction the king has received on that account, and to tell them, at the same time, that there is the most pressing necessity to take more effectual measures than heretofore to drive the British out of this continent. It is thought needless to enter into details about the circumstances which render this measure necessary. The king entreats the United States, as his friends, not to lose a moment in acting as vigorously as possible against the common enemy. That
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Congress cannot be particularly acquainted with the different burdens which France has upon her hands. She wishes to be in a situation to continue as effectual assistance to the United States as at this moment; but future events may happen in a manner different from what we may expect, though nothing can change her unalterable resolution to support the independence of her ally. The Count de Vergennes observes, that he shall not speak any more of the non arrival of the second division, having reason to believe from the orders given to Count de Grasse, that the delay will be judged of greater utility to the United States than if the announced reinforcement had been sent in the time expected. He adds, that the Chevalier de la Luzerne had been already informed of the causes which had prevented a compliance with the expectation which he had been authorized to give.
From a Letter of the 11th of May. That the Count de Vergennes had been informed by the Duke de la Vauguyon, ambassader to the United Provinces, of the intention of Mr. Adams to display his character as a minister of the United States in Holland. That the duke gave him no assistance on that occasion, knowing the application would have no favourable issue. The Chevalier de la Luzerne is directed to inform confidentially a committee, or Congress themselves, of these circumstances, in order that they may transmit to their said minister plenipotentiary such instructions as they may think proper. France is too much interested in the fate of the United States not to give them such counsels as would have for a principal object their advantage and their dignity.1
[Note 1: 1 This report was entered only in the manuscript Secret Journal, Foreign Affairs. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 719.]
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At a Board of War September 20th 1781.
Present Mr Peters
General Cornell
The Board have been honored with the reference of the letter from Col. Armand. They are so deeply impressed with this gentleman's merit and exertions, that they are of opinion every motive should induce a compliance with the positive contract made with him previous to Iris going to France, from whence he has brought all the articles necessary for the complement of his Legion, but it is now reduced to less than a troop. A Resolve of Congress formerly passed on the subject of this Corps authorized the taking of a certain number of men from the several State Lines to fill up the Legion. This went on a supposition that the States would so far comply with the requisitions of Congress that a sufficient number could be spared for Col. Armand's Corps. But as this cannot now be done, on account of the weakness of the several State lines, we see no other way to fill up the Legion but by enlistments which will require the sum of thirteen thousand five hundred dollars at the bounty offered by Congress by their resolutions of the 3rd October 1780. The procuring of horses will be a business attended with great embarrassments. If they are to be purchased the sum of twenty seven thousand dollars specie must be advanced. The difficulties we allude to only flow from the want of money for with that the Men and Horses as Congress well know can easily be procured. If Congress should think with us, that the Corps should be raised, and that it is practicable under the present state of the finances they will please to resolve,
That the Superintendant of Finance be directed to take measures in concert with the Board of War for completing Col. Armand's Corps to its complement of men and horses.
That all Horses purchased by any of the Southern States on account of the United States, and not appropriated to the other Corps of Cavalry be delivered to Col. Armand for the use of his Legion.
The Board notwithstanding their recommending the above resolutions, are so much embarrassed on the subject of procuring the money, that if any more eligible mode could be adopted, they would have taken the liberty of mentioning it to Congress. There are no other means of procuring men but by enlistment or drafting and the general is of opinion the latter cannot be done. The difficulty as to
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Horses will still remain unless they can be supplied out of those purchased in Maryland for the State Cavalry lately called for by Congress and for which as we are informed the men were not raised. But we have no certain information respecting this matter.
N.B. Col. Armand has 30 horses remaining of his Legion. There are 45 horses of Vanheer's corps which perhaps may be added to Col. Armand's.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 277. It was read on this day as the indorsement indicates.
A letter of this day from Baron d'Arendt was read on this or an approximate date. It is in the Papers of the Continental Congress, No. 78, VII, folio 411.]
Adjourned to 10 o'Clock to Morrow.
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