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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 29, 1782
The order of the day being called for to fix the salary of the commissioner to be appointed pursuant to the resolution of the 28 of May:
On motion of Mr. [Joseph] Montgomery, seconded by Mr. [Arthur] Lee,
Resolved, That the resolution of 28 of May last, for the appointment of a commissioner to liquidate and finally settle the accounts of all the public servants of the United States. who have been entrusted with the expenditure of public money, be re-considered.
On motion of Mr. [Theodorick] Bland, seconded by Mr. [John] Witherspoon,
Ordered, That the said resolution be committed.1
[Note 1: 1 Committee Book, No. 186, Papers of the Continental Congress, shows that the resolution was committed to Mr. [John Morin] Scott, Mr. [Arthur] Lee and Mr. [John] Rutledge, "to define accurately the powers with which the said commissioner is to be entrusted, and prepare instructions for the execution of those powers, to confer with the Superintendant of Finance." On August 29, Mr. [James] Madison was appointed on the committee, in place of Mr. Scott, and a report was delivered September 3. Committee Book No. 191 notes that the report was passed November 18.]
That Congress always have been ready and willing to agree to a general Cartel for the exchange of Prisoners of war upon just and reasonable terms--
That inlast Commissioners were appointed by the Commander in Chief to meet, and they accordingly met Commissioners on the part of the Enemy for negotiating and settling such a Cartel, and the establishing it was prevented by the unreasonable propositions and objections made at that meeting by the British Commissioners. That Congress have still the same disposition, and therefore as soon as the Commander in Chief shall receive a proper notification that Commissioners have been duly appointed on the part of Great Britain for settling a General Cartel between the United States and that Nation for the exchange of all prisoners of war taken on either side, liquidating the accounts for the past and making proper arrangements and provision for the future subsistence of prisoners, Commissioners for the purposes aforesaid shall be appeared under the authority of Congress to meet the British Commissioners.
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That altho' the exchange of soldiers for seamen is neither the practice of nations nor a reasonable demand, (especially as the seamen for whom such exchange is proposed were not when taken in the service of the United States) yet in order to remove the misrepresentations by which the enemy endeavour to deceive the brave but unfortunate seamen, who are prisoners in their hands, to encourage those seamen to persist in rejecting every offer to induce them to take part against their Country, and to give them the most convincing proof of the earnest desire of Congress to procure their liberty,
Resolved, That whenever a Cartel as aforesaid shall be settled, Congress will consent to exchange such a number of soldiers, prisoners of war as may be equal to the number of seamen now prisoners with the enemy (a reciprocal exchange of seamen having been first made) on condition that the soldiers so exchanged shall not serve against the United States or their present or future Allies for 12 months, nor during the War, if it should continue for a longer time, and on the further condition, that the balance, which on liquidating the accounts for the subsistence of prisoners of war shall be found due from Great Britain to the United States be previously paid.
Resolved, That in the opinion of Congress there is a considerable balance due on such account to the United States, but if on liquidating it, a balance shall be found due from the United States to Great Britain the same shall be paid previous to the exchange of the prisoners to be exchanged under such Cartel.
Resolved, That the Commander in Chief be directed to transmit these Resolves to Sir Guy Carleton and that they be published.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 28, folio 83. The committee consisted of Mr. [John] Witherspoon, Mr. [James] Madison and Mr. [John] Rutledge, and was appointed July 15. The indorsement shows that the report was referred on this day to Mr. [John] Lowell, Mr. [Ezekiel] Cornell and Mr. [James] Madison.
On this day, according to the indorsement, was read a letter from the Secretary at War. It is in No. 149, I, folio 533.
Also, a letter of July 19 from Major General Heath, enclosing report of commissioners for ascertaining, pursuant to the resolution of Congress of September 7, 1781, the quantity of forage expended by the allied army in Westchester Co., N.Y., during the year 1781. The letter and inclosures are in No. 157, folios 447--468.]
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