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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 --SATURDAY, FEBRUARY 23, 1782
On motion of Mr. [Elias] Boudinot, seconded by Mr. [Abraham] Clark,
Ordered, That the resolution of the 19, respecting the pay of John Durham Alvey, be re-considered:
Resolved, That John Durham Alvey, postmaster to the main army, be allowed for his past services to this day, the sum of forty dollars per month in full of all allowances, except the rations of forage and provisions received by him; and that the postmaster general settle his accounts accordingly.
On the report of the Secretary for foreign affairs, to whom was referred a letter of 6th October, 1781, from Robert Smith, agent at the Havanna, so far as relates to the sending blank commissions to be filled up by him for the purpose of commissioning
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with letters of marque or general reprisals, such vessels sailing from the Havanna as might require the same:
Resolved, That the Secretary for foreign affairs be, and hereby is directed to inform Robert Smith, that the United States in Congress assembled, do not at present think it expedient that he issue any letters of marque or of general reprisals, under their authority.1
[Note 1: 1 A letter of the Superintendent of Finance dated January 11, and Smith's letter which he enclosed, were read January 15 and are in the Papers of the Continental Congress, No. 137, I, folios 259, 261.]
A committee, consisting of Mr. [Elias] Boudinot, Mr. [Ezekiel] Cornell and Mr. [Thomas] Bee, to whom was referred a letter of 18 and one of 20 February, from General Washington, having delivered in a report:
The Committee to whom the letters of Genl. Washington relative to the Exchange of prisoners were committed do report the following resolution
Resolved, That the secret resolve of the Inst.relative to the exchange of Lt. Genl. Earl Cornwallis be, and it is hereby repealed.2
[Note 2: 2 This report, undated, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, VI, folio 385.]
A motion was made by Mr. [Arthur] Middleton, seconded by Mr. [Edward] Telfair, in the words following:
"In order to prevent future controversy upon the subject of exchange, that Congress who represent the feelings as well as the sense of the union, do declare that Lieutenant General Charles Earl Cornwallis ought not to be exchanged by composition at this time, not from any apprehensions of his influence or superior abilities; but because they look upon him not in the light of a British general, but a barbarian. In proof of their justice for classing him in so degrading a predicament, they appeal to the impartial history of his conduct during his command in the southern and middle states, where his progress may be traced by blood wantonly spilt, by executions unwarranted even by military regulations, and by the indiscriminate plunder of the property and destruction of the habitations of the widow and the orphan,
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circumstances disgraceful to the arms of any enlightened people: because he has governed himself solely upon the principles of eastern tyranny, has broken the faith of treaty solemnly pledged in the capitulation of Charlestown, by ordering the seizure of the property and persons of the capitulants, by the confinement of some on board of prison-ships, the transportation of others to St. Augustine, and the banishment of their wives and children: because he has authorised and countenanced the enlistment of upwards of five hundred American soldiers into the British service, or rather suffered them to be compelled by cruelties and hard usage to take arms against their country, and in numberless other instances has infringed every rule of war established among civilized nations: that it be also resolved, that unless the Honorable Henry Laurens, Esq. be enlarged withinmonths, upon his parole until exchanged, the Commander in Chief be directed to recal the said Charles Earl Cornwallis: that unless the accounts for the maintenance of prisoners be settled, the arrearages paid up and security given for their future maintenance, the British prisoners be compelled to work for their livelihood, or otherwise disposed of for the public benefit."
On this the previous question was moved by the State of New Jersey, and seconded by the State of Pensylvania: and on the question to agree to the previous question, the yeas and nays being required by Mr. [Arthur] Middleton,
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So it passed in the affirmative.1
[Note 1: 1 The motion, in the writing of Arthur Middleton, is in the Papers of the Continental Congress, No. 36, I, folio 257. A copy of the vote is indorsed on the motion.]
On motion of Mr. [Abraham] Clark, seconded by Mr. [Elias] Boudinot,
Resolved, That the Commander in Chief be, and he is hereby authorised to agree to the exchange of Lieutenant General Earl Cornwallis by composition; provided that the Honorable Henry Laurens, Esq. shall be liberated, but as a preliminary to the exchange in the cartel to be agreed upon the Commander in Chief shall obtain and proper assurances obtained that all accounts for the support of the Convention prisoners and all other prisoners of war, shall be speedily settled and discharged.2
[Note 2: 2 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, VI, folio 383.
Another undated motion is in the writing of Elias Boudinot for the first paragraph and of Abraham Clark for the second. It is on folio 389 and is as follows:
Resolved, That the Commander in Chief be directed to insist that in case of a general cartel, founded on composition, being settled with the enemy, by virtue of the powers heretofore given to him by Congress, that the Hon. Henry Laurens be positively included therein.
Provided also, That in the settlement of such cartel for a general exchange of prisoners, a settlement and discharge of all accounts for the support of the convention prisoners and all other prisoners on both sides shall be fully provided for.
Another undated motion in the writing of Thomas Bee is on folio 387 and is as follows:
Resolved, That the Commander in Chief be informed it is the desire of Congress that previous to any exchange taking place for Lieut. General Earl Cornwallis by composition the Honble Henry Laurens be included in the composition aforesaid.]
The Committee of the Week [Mr. Richard Law, Mr. John Morin Scott, Mr. Silas Condict] report on the petition of Captain Patrick
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Dennis praying for compensation for his service and expenditures in procuring pilots, be referred to the Agent of Marine.1
[Note 1: 1 This report, in the writing of Richard Law, is in the Papers of the Continental Congress, No. 32, folio 309. The indorsement shows it was agreed to on this day.]
Committee of the Week [Mr. Richard Law, Mr. John Morin Scott, Mr. Silas Condict] report on the memorial of Henry Purcel, Chaplain in the Continental Army, for pay &c, that it be referred to the Treasurer Secretary at War.2
[Note 2: 2 This report, in the writing of Richard Law, is in the Papers of the Continental Congress, No. 32, folio 311. It is undated, but apparently belongs to this period.]
Ordered, That a letter, of 21st February, 1782, from Superintendant of finance, on information of Captain Pickles, relative to the submission of sundry inhabitants of W. Florida to the United States be referred to a committee of three, consisting of Mr. J[oseph] Jones, Mr. [Thomas] Bee, Mr. [Daniel] Carroll.3
[Note 3: 3 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings. See post March 8.
On this day, according to the indorsement, was read a letter of January 10 from the Governor of North Carolina, enclosing a letter from John Jay. It is in the Papers of the Continental Congress, No. 72, folio 131.
Also, a letter of James Elliot, which was referred to the Secretary at War. It is in No. 78, VIII, folio 377.]
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