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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 --TUESDAY, SEPTEMBER 25, 1781
A memorial from the honble. the Minister plenipotentiary of France was read, with sundry papers enclosed:
Ordered, That the same be referred to a committee of three:
The members, Mr. [Daniel] Carroll, Mr. [George] Clymer, Mr. [James] Duane.1
[Note 1: 1 Luzerne's letter and the reply of Congress were not entered in the Public Journal, but are printed in the Secret Journal, Foreign Affairs, under date of January 25, 1782, immediately following the "plan of a convention respecting consular powers" adopted on that date. They are also printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 728.]
September 24, 1781, the minister of France transmitted to Congress the following memorial:
Philadelphia, September 24, 1781.
The undersigned minister plenipotentiary of France has the honour to communicate to Congress a memorial sent to him by Don Francisco Rendon. He entreats this assembly would be pleased to take it into consideration; and he has no doubt but the resolution which they will pass will be as favourable to the subjects of his Catholick Majesty as justice will permit.
Le Chev. de la Luzerne.
The memorial enclosed is as follows:
May it please your excellency,
Don Francisco Rendon, resident in this city, encargado do negocios for the Court of Spain, with all due respect, informs your excellency, That in consequence of the articles of capitulation granted to the troops and inhabitants of his Britannick majesty at the reduction of Pensacola by Don Bernardo de Galvez, commander in chief of the forces of his Catholick Majesty, permission was granted by the governour of the place to Captain
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Jahleel Smith, with his vessel called the Sally, her crew and passengers contained in the passport, to go to New York, six of the passengers being prisoners on parole, to be exchanged for an equal number of Spanish prisoners; that in his passage the said flag was captured by an American vessel called the Betsey, Captain Enos, belonging to the State of Pennsylvania; that in consequence thereof, the said J. Smith has presented to me a petition and an account which I herewith enclose, praying me to obtain for him an indemnification and payment for the damages he has sustained, and that liberty may be granted him by the supreme authority to pass freely to the place of his destination agreeable to the permission of the generals of the king my master:--I therefore entreat that your excellency would be pleased to present this memorial, with the documents accompanying it, to the honourable Congress, and pray them to order payment to be made to the captain of the flag for the delay and damages occasioned by this capture, and grant the said prisoners of his Catholick Majesty mentioned in the passport free permission to go to New York, in order to discharge their parole and obtain their exchange. I am induced by your excellency's goodness to hope for this favour, &c.
Francisco Rendon.
His Excellency Chev. de la Luzerne,
Minister Plenipotentiary of France to the United
States.
The foregoing memorials, with the papers accompanying them, being referred to Mr. [Daniel] Carroll, Mr. [George] Clymer and Mr. [James] Duane, the said committee returned the following answer:
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Philadelphia, September 25, 1781.
Sir,
The United States in Congress assembled, ever desirous to observe good faith and maintain the rights of neutrality, and sincerely disposed to cultivate the friendship of his Catholick Majesty, have referred the memorial presented by your excellency in favour of Jahleel Smith, master of the schooner Sally, to a committee of Congress, who now have it under consideration.
To form a right judgment of the transaction it is conceived necessary that an authentick copy of the capitulation granted by his Catholick Majesty's general to the British officer lately commanding at Pensacola, and referred to in the memorial of Don Francisco Rendon, residing in this city, encarqado de negocios for the Court of Spain, should be communicated to the United States. In the mean time it requires no deliberation to assure your excellency that the laws of the land are competent for redressing every injury perpetrated by vessels of war commissioned by the United States, or under their authority, although the security for the good behaviour of the officers and crews may not be adequate to the damages claimed.
I have the honour to be with the greatest respect, your excellency's most obedient humble servant,
for the Committee.
His Excellency, the Chev. de la Luzerne,
Minister Plenipotentiary of France.
A report from the Board of War was read; Whereupon,
At a Board of War September 25th 1781.
Present, Mr Peters
General Cornell
Upon the application of Lieutenant Wheaton of the Rhode Island Regiment, who hath been on command with the detachment under the Command of the Marquis de la Fayette and hath been wounded
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and obtained leave from the Marquis to return home for the recovery of his health, and is now in this City, on his way home entirely destitute of cash,
The Board report,
Ordered, That the Board of War draw a warrant on the paymaster general in favour of Lieutenant Wheaton of the Rhode Island regiment for forty dollars on account of his pay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 297.]
The delegates for the State of Pensylvania laid before Congress a letter, of this day, from the supreme executive council of the said State; and thereupon moved a resolution:
Ordered, That the same be referred to a committee of three:
The members, Mr. [James] Duane, Mr. [Roger] Sherman, Mr. [James] Madison.
A report from the Board of War was read; Whereupon,
Resolved, That the Rev. William Plumb receive the pay and emoluments of a brigade-chaplain, from the 20 day of September, 1777, when he was appointed chaplain to the northern hospital by General Gates, until the 30 September 1780 when all hospital chaplains were deranged during the time he continued in service:
That it be recommended to the State of Connecticut, of which Mr. Plumb is an inhabitant, to settle with him for his pay and depreciation, during the time mentioned in the foregoing resolution he was on duty, on the principles adopted by them in their settlements with the officers of the line of that State.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 148, II, folio 301.]
On motion of Mr. [Roger] Sherman, seconded by -- the following resolution was passed:
Whereas by a resolution of the 24 of August, 1780, officers are entitled to subsistance money in lieu of rations withheld, according to the just cost of such rations:
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Resolved, That the superintendant of finance be authorised and directed to ascertain the value of a ration, from time to time, and certify the same to the paymaster general, who shall govern himself accordingly in settling with the officers.
The report of the committee on the petition of George Crowningshield, Nathaniel Silsbee and John Collins was taken into consideration; Whereupon,
The Committee to whom was referred the memorial of G. Crowninshield and others, relative to the capture of a vessel, belonging to them, by Seth Harding, commander of the ship of war, Confederacy, in the service of the United States, and the condemnation thereof in a Court of Admiralty at Cape Francois report:
That in any event before a farther procedure can be directed, a proper attestation of the suggestions contained in the said memorial should be produced:
That, even according to the circumstances therein set forth, no farther judiciary procedure can be instituted by the order of Congress:
Because if the sentence of condemnation be valid, there is no reason for their interposition, and if it be void in itself, the vessel, wheresoever found, may be recovered by a legal process, together with damages against the Captor, if he hath offended:
Because the United States are not bound to answer in this instance for the act of an Officer which goes beyond their commission, but only to cause due enquiry:
Because no tribunal exists in America for the review or correction of sentences, given by the French Admiralty, and
Because foreign courts of judicature should pay full credence and respect to the decrees of each other.
But forasmuch as it becomes Congress to punish any abuse of the authority, delegated by them, and to make due representations upon losses sustained by citizens of the United States from the decisions of foreign Courts;
Resolved, That a Committee be appointed to examine into the allegations of the said memorial against the said Seth Harding, and the complaint of an improper exercise of jurisdiction by the court of Admiralty at Cape Francois, and report thereon.1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 19, I, folio 611.]
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Ordered, That the petition be dismissed.
The report of the committee, ∥consisting of Mr. Duane, Mr. Bee, Mr. Sherman,∥ to whom was referred the report of the Board of Treasury respecting the claim of the representatives of Mr. du Coudray, was taken into consideration; Whereupon,
Resolved, That the sum of fourteen thousand eight hundred and eighty-six livres, six sous and one denier tournois, be passed to the credit of the representatives of the late Mons. du Coudray, in the books of the treasury; and that the same when paid, shall be in full of his claims against these United States.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, II, folio 141.]
The report of the committee, ∥consisting of Mr. Duane, Mr. Livermore, Mr. Jones,∥ on the letter of 9th of August, from General Schuyler, was taken into consideration; Whereupon,
Resolved, That the commissioners for Indian affairs in the northern department, be instructed, in answer to the representation and request of the friendly Caghnawagas, to assure them that Congress have a just sense of their attachment to the United States, and will embrace every occasion to maintain their rights and redress their grievances.2
[Note 2: 2 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 30, folio 353.]
A letter, of 7, from Mr. T. Jefferson, was read.
Adjourned to 10 o'Clock to Morrow.3
[Note 3: 3 The following motion was offered this day, as the indorsement shows, by Ezra L'Hommedieu and is in his writing. It is in the Papers of the Continental Congress, No. 36, I, folio 365.
A Board of general officers appointed in pursuance of the act of Congress of the 10th day of May last, having reported that Udney Hay Esquire ought to enjoy the rank and emoluments of a retiring Lieutenant Colonel:
Resolved, That the said Udney Hay be entitled to the rank and emoluments of a retiring Lieutenant Colonel from the first day of January last.]
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