| 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 --FRIDAY, NOVEMBER 23, 1781
Mr. [William] Floyd, a delegate for the State of New York, attended, and produced the credentials of his appointment.
State of New York
In Senate October 26th 1781
Resolved that the honorable James Duane, William Floyd, John Morin Scott, Ezra L'hommedieu and Egbert Benson Esquires are duly nominated and appointed Delegates to represent this State, in the United States in Congress assembled, for the ensuing year.
By order of the Senate
Pierre Van Cortlandt Presdt.1
[Note 1: 1 The original is in the Papers of the Continental Congress, New York, Credentials of Delegates.]
Attest:
Robt. Benson, Clk:
On reading a memorial and representation of the legislature of the State of New Jersey:2
[Note 2: 2 This memorial is in the Papers of the Continental Congress, No. 68, folio 583.]
Ordered, That the said memorial be referred to the superintendant of finance; and that he report, as soon as may be, as well on the said memorial as on a reference to him made on the same subject, of a plan for liquidating certificates given by quartermasters, commissaries and others.
On a report of the Board of War:
War Office November 21, 1781.
Sir,
I have the honor to enclose Congress a copy of a circular letter, I thought it expedient to write to the Governments of the States of Maryland, Delaware Pennsylvania and New Jersey on the subject of deserting prisoners. The measures recommended therein will only produce a partial remedy. They will serve only to embarrass not to prevent the practice. I should conceive and indeed I know by long experience that nothing but strict confinement will have any effect upon the British troops whose attachments to service are not to be conquered, nor can they be restrained from desertion by the
Page 1133 | Page image
mildest treatment. It is different with the German troops and really of the Scotch are exceptions. It will therefore be necessary that the British Prisoners be confined in places picketted in, and those pickets flanked with Block houses so as to make a small guard adequate to the duty of the Post. This guard should be raised for the particular purpose and not consist of militia, who are in general fluctuating, careless and undisciplined. The Prisoners should be obliged to hut themselves in some plentiful and safe part of the Country as has been done by the Convention Troops at little or no expense to the United States The British Convention prisoners have their hurts surrounded with pickets, but we find this unnecessary as to the Germans. There is a great expense accruing from the support of the Women and Children of the British Convention troops, and it is not inconsiderable from those of the Germans. I should imagine it would be best to send in all the British who are encumbered with families of small children. But the Children of soldiers fit to bear arms or even for drums and fifes should be counted as prisoners of war. The soldiers sent in may be charged as a debt against the enemy, and in the mean time the accession of strength to them would not be so great as to counterbalance the evils arising to our finances from the support of themselves and their families. As to the Germans they might chiefly be let out to work to the Inhabitants and if Congress would not disapprove of it no inconsiderable revenue might be raised from this measure; but should this be disagreeable a saving could be produced immediately by suffering them to hire with the Inhabitants. Caution in this case would be necessary in distinguishing characters both of the prisoners and those hiring them. It might easily be known whether individual prisoners would wish to return to Europe by examining into their Connections there and their expectations of property. As to their children many of them would be willing to bind them out in this Country and those not inclining to do it might be obliged thereto by withholding the rations they now draw. This would be politic and useful as it would add to the number of Citizens immediately--fix the affections of the parents so as to induce them to become settlers after a peace and most probably attract their friends and relatives in Europe so as to produce their emigration to these States.
I have taken the liberty to enlarge on this subject thus far because I am convinced some immediate measures are necessary. The business of supporting them I humbly conceive falls most properly within
Page 1134 | Page image
the province of the Superintendant of Finance, and therefore I have not troubled Congress with any observations on the means of furnishing them with rations. The Financier will no doubt be satisfied with me that some period should be fixed on for a ballance or oblivion of past accounts and the enemy be compelled to support their prisoners, and not as at present be suffered to wage war with our Finances through the instrumentality of their soldiers, whose captivity prevents their operating in the field.
Should Congress consider these observations worthy their attention they will no doubt be pleased to appoint a Committee to consider of the matter and make the necessary arrangements, or if more agreeable to them to leave the business to their Executive Officers they will direct,
Resolved, That the superintendant of finance and Board of War be, and hereby are authorised and directed to take immediate order for the safe keeping and support of the prisoners of war in the possession of the United States, so as to ensure their safety as much as may be, and to render their support less burthensome to the finances of these states.1
[Note 1: 1 A copy of this resolution, as an extract from the minutes, is in the Papers of the Continental Congress, No. 149, I, folio 19. The Board of War's report is in No. 148, II, folio 469.]
On a report of a committee, consisting of Mr. [Daniel] Carroll, Mr. [James] Madison, Mr. [Ezekiel] Cornell, to whom was referred a letter of 22d, from Major General the Marquis de la Fayette:
The committee to whom was referred the letter of the 22d instant from Major General the Marquis de la Fayette requesting leave of absence for the purpose of making a visit to France report the following resolutions:
Resolved, That Major General the Marquis de la Fayette have permission to go to France; and that he return at such time as shall be most convenient to him.
That he be informed, that on a review of his conduct throughout the past campaign, and particularly during the period in which he had the chief command in Virginia, the
Page 1135 | Page image
many new proofs which present themselves of his zealous attachment to the cause he has espoused and of his judgment, vigilance, gallantry and address in its defence, have greatly added to the high opinion entertained by Congress of his merits and military talents:
That he make known to the officers and troops whom he commanded during that period, that the brave and enterprising services with which they seconded his zeal and efforts, and which enabled him to defeat the attempts of an enemy far superior in numbers, have been beheld by Congress with particular satisfaction and approbation:
That the secretary of foreign affairs acquaint the ministers plenipotentiary of the United States that it is the desire of Congress that they confer with the Marquis de la Fayette, and avail themselves of his informations relative to the situation of public affairs in the United States:
That the secretary of foreign affairs further acquaint the minister plenipotentiary at the Court of Versailles, that he will conform to the intention of Congress by consulting with and employing the assistance of the Marquis de la Fayette, in accelerating the supplies which may be afforded by his Most Christian Majesty for the use of the United States:
That the superintendant of finance, the secretary for foreign affairs, and the Board of War, make such communications to the Marquis de la Fayette, touching the affairs of their respective departments, as will best enable him to fulfil the purpose of the two resolutions immediately preceding:
That the superintendant of finance take order for discharging the engagement entered into by the Marquis de la Fayette, with the merchants of Baltimore, referred to in the act of the 24 May last.
Ordered, That the superintendent of finance furnish the Marquis de la Fayette with a proper conveyance to France:1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, II, folios 241 and 243½.]
Page 1136 | Page image
That the secretary for foreign affairs report a letter to his Most Christian Majesty, to be sent by the Marquis de la Fayette.1
[Note 1: 1 The resolutions in regard to the Marquis de la Fayette were also entered in the manuscript Secret Journal, Foreign Affairs. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 857.]
On a report of a committee, consisting of Mr. [Edmund] Randolph, Mr. [James] Duane, Mr. [John] Witherspoon, appointed to prepare a recommendation to the states to enact laws for punishing infractions of the laws of nations:
The committee, to whom was referred the motion for a recommendation to the several legislatures to enact punishments against violators of the law of nations, report:
That the scheme of criminal justice in the several states does not sufficiently comprehend offenses against the law of nations:
That a prince, to whom it may be hereafter necessary to disavow any transgression of that law by a citizen of the United States, will receive such disavowal with reluctance and suspicion, if regular and adequate punishment shall not have been provided against the transgressor:
That as instances may occur, in which, for the avoidance of war, it may be expedient to repair out of the public treasury injuries recommitted by individuals, and the property of the innocent be exposed to reprisal, the author of those injuries should compensate the damage out of his private fortune.
Resolved, That it be recommended to the legislatures of the several states to provide expeditious, exemplary and adequate punishment:
Page 1137 | Page image
such by the United States in Congress assembled, by animadverting on violence offered to their persons, houses, [carriages and property, under the limitations allowed by the usages of nations; and on disturbance given to the free exercise of their religion: by annulling all writs and processes, at any time sued forth against an ambassador, or other public minister, or against their goods and chattels, or against their domestic servants, whereby his person may be arrested: and,
The preceding being only those offences against the law of nations which are most obvious, and public faith and safety requiring that punishment should be co-extensive with such crimes:
Resolved, That it be farther recommended to the several states to erect a tribunal in each State, or to vest one already existing with power to decide on offences against the law of nations, not contained in the foregoing enumeration, under convenient restrictions.
Resolved, That it be farther recommended to authorise suits to be instituted for damages by the party injured, and for compensation to the United States for damage sustained by them from an injury done to a foreign power by a citizen.]1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 28, folio 197.
The part in brackets was entered in the Journal by George Bond.]
On the 23d of November, 1781, the secretary for foreign affairs laid before Congress the following "heads of a verbal communication" made to him by the minister of France:2
[Note 2: 2 This "verbal communication" and the letter from Count de Vergennes were not entered in the Public Journal, but are printed in the Secret Journal, Foreign Affairs, under date of January 25, 1782, and following the "plan of a convention respecting consular powers" adopted on that day. They are also printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 859, under date of November 23, 1781.]
Page 1138 | Page image
The minister of France informed the secretary for foreign affairs, that the Count de Vergennes, in a letter to him of the 7th of September, 1781, assured him that the King of France had received with great pleasure an account of Mr. Adams, Mr. Franklin, and Mr. Jay's appointment to the place of ministers for the negotiation of peace; and after expressing favourable sentiments of them, and Mr. Jefferson, from his general reputation, adds, that they have little reason to hope the assistance of Mr. Laurens, since the enemy will probably continue his captivity during the war. That the king accepted with pleasure the proofs which Congress have given him of their confidence when they intrusted to his care the interests of the United States. That he would use his influence and credit for the advantage of his allies, whenever a negotiation should render their interests a subject of discussion. That if he did not obtain for every state all they wished, they must attribute the sacrifice he might be compelled to make of his inclinations, to the tyrannick rule of necessity. That however he had no reason to believe that the events of the campaign would make an unfavourable change in the situation of affairs; and that from the present view of them, he had no cause to dread a disadvantageous peace. The Count adds, that he presumes Mr. Adams has communicated to Congress his Majesty's refusal to accede to the terms of the mediation of the imperial courts, until they should agree to acknowledge the American plenipotentiaries in the manner most conformable to the dignity of the United States; and observes thereon, that if the king was so attentive to a matter of form (though it might indeed in our present situation be considered as important,) he would not be less tenacious of our more essential interests, which he will be zealous to promote,
Page 1139 | Page image
as far as circumstances will allow. But that if notwithstanding this, Congress, or even a considerable part of its members, should regret the confidence they had placed in his Majesty, or wish to free their ministers from this restraint, his Majesty would not disapprove the measure; provided they made their ministers answerable, as in justice they should be, in proportion to the powers with which they invested them. He expresses his satisfaction at the extensive powers with which the ministers are invested as to the matter of boundary, and the truce, which he says, the interests of France as well as of us, require to be as long as possible. With respect to the statu quo, he says, that though from the number of their conquests it would be beneficial both to France and Spain, yet it has not entered into their system so far as it regards America, and that his Majesty accordingly refused to accede to the plan of negotiation proposed by the mediating powers, which held up that idea. He exhorts the minister to recommend to Congress the most vigorous exertions, and to assure them that the expulsion of Me enemy from this continent depends in a great measure on the exertion of the United States; that France would be able to afford us very little assistance; and that Britain, so far from discovering any inclination to peace upon reasonable terms, absolutely refused the plan of negotiation proposed by the mediating powers; so that arms alone could compel her to it. He mentions that the king, being apprehensive that the capture of the Marquis de la Fayette might reduce us to some difficulties, had ordered her cargo to be replaced immediately; and that in consequence of applications from the states of Virginia and Maryland, he had ordered a number of arms and military stores to be shipped to them, subject however to the order of
Page 1140 | Page image
Congress. That this, and the cargo designed to replace that of the Marquis de la Fayette, were to be paid for out of the loan negotiated in Holland, which he had occasion to think would be completed. He expresses a desire that the plan for the appointment of consuls should be digested and adopted, as the Court of France wished to make it the basis of some commercial arrangements between France and the United States.
The secretary for foreign affairs farther informed Congress that the minister of France had communicated to him the following extract of a letter from the Count de Vergennes, which he had transmitted to the superintendent of finance.
Extract of a letter from the Count de Vergennes, September 7, 1781:
"We think that since the arrival of Colonel Laurens, you have stopped the bills of Mr. Morris on us, on Messrs. Le Couteulx. If the superintendent has not followed your advice, he will cause us some embarrassment, as we have not destinated any fund for that article. We have peremptorily declared to Dr. Franklin, that we will not in future discharge any bills that had not been drawn with your consent. As to you, sir, we cannot but repeat our former instructions on this subject; and we direct you to authorise no draft even for a small sum."
War Office November 23, 1781.
Sir,
On considering the memorial of Captain Schreiber, who as an Engineer received his appointment from General Lincoln, when commanding at Charlestown having been a Captain in the Infantry of the State of South Carolina, I can only say that the report the Board of War made on his case was the result of their investigation into the matter as it then appeared to them and it seemed to be the wish of Mr Schreiber at that time to depart for Europe. General
Page 1141 | Page image
Duportail is the best judge of his talents, and as to the necessity of his being continued in the service, Congress will be pleased to determine on the reasons the General assigns. Should they think it proper to repeal the former resolution Congress will be pleased to resolve,
On the representation of General Duportail of the merit of Captain Schreiber, and the necessity there is of retaining him in the Corps of Engineers,
Resolved, That Captain Schreiber of the Corps of Engineers retain his rank and appointments in that Corps, the resolution Negatived. of the 12th Instant notwithstanding.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 148, II, folio 463. It is indorsed: "Read November 23. The reasoning m the former part approved and therefore question taken on the resolve proposed passed in the negative."
A letter, of November 23, from Major General Duportail, was read, the indorsement indicates. It is in the Papers of the Continental Congress, No. 164, folio 362, and was referred to Mr. [Daniel] Carroll, Mr. [James] Madison, and Mr. [Ezekiel] Cornell, and, on their report, to the Secretary of Foreign Affairs.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |