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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, SEPTEMBER 9, 1782

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Journals of the Continental Congress, 1774-1789
MONDAY, SEPTEMBER 9, 1782

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The committee, consisting of Mr. [Joseph] Montgomery, Mr. [Abraham] Clark, and Mr. [Eliphalet] Dyer, appointed to confer with the Superintendant of finance, relative to the drawing bills of exchange for the payment of interest, report,

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By the United States in Congress assembled, Sept. 9, 1782.

Ordered, That Mr [Joseph] Montgomery, Mr [Abraham] Clark and Mr [Eliphalet] Dyer be a committee to confer with the Superintendant of Finance relative to the drawing bills for interest due tomorrow and report immediately.

Chas. Thomson Secy.1

[Note 1: 1 This order is in the writing of Charles Thomson.]

The Committee appointed to confer with the Superintendant of Finance, beg leave to report that they have conferred with the said Superintendant.

Therefore resolved, That the Superintendant of Finance be directed immediately to send off expresses to th different loan officers advising them to stop the drawing any more bills, for the interest due upon Loan office certificates on France, and that each Loan officer remit to the Superintendant of Finance all such bills as may be now upon hand.2 And that the Superintendant of Finance take measures for issuing bills for paymts of the Interest remaining due up to the 10th of March last.

[Note 2: 2 Up to this point the report is in the writing of Joseph Montgomery, the rest of the report being in the writing of Abraham Clark.]

That by letter from Dr. Franklin of the-- it appears there are no funds in Europe for payment of Bills drawn for interest due on Loan office certificates since the 1st of March last and that if any such are drawn at this time they must be protested.

That there are no Bills of Exchange in the offices of any of the States except those provided for the payment of interest due up to the 1st of March last: that should any be issued from the offices at this time for interest due since that time it must be to the injury of those claimants for whose benefit they were intended. That since forwarding bills for interest due the 10th of March the mode of drawing such bills hath been changed, being now drawn on Mr. Le Grande whereas the former were drawn on Dr. Franklin.

That by letter from Dr. Franklin the Minister of France to the Supr of theday oflast it appears there are no funds in Europe for payment of Bills drawn for interest due on Loan office certificates since the 1st day of March last and that should any such be drawn those who draw them must provide for the payment of them.3

[Note 3: 3 This order and report are in the Papers of the Continental Congress, No. 26, folios 345, 347 and 348.]

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"That there are no funds in Europe for the payment of bills for interest due on loan-office certificates since the first day of March last; that there are no bills of exchange in the loan office of any of the states, except those provided for the payment of interest due up to the first of March last; and that should any be issued from the offices at this time, for interest due since that time, it must be to the injury of those claimants for whose benefit they were intended;" Whereupon,

Resolved, That the Superintendant of finance be, and he is hereby directed to give immediate orders to the commissioners of the loan offices in the several states, to issue no bills of exchange for the interest which hath or may hereafter become due on loan-office certificates since the first day of March last.

Congress resumed the consideration of the report of the committee, on the report of the Secretary at War of the 26 of August, and the letter of the 28 of the same month from the Commander in Chief; the report of the committee being as follows:

The Committee consisting of Mr [Theodorick] Bland, Mr [James] Duane, and Mr [Ezekiel] Cornell, to whom were referred the Report of the Secretary at War of the 26th of August, and the letter of the Commander in Chief of the 28th, Submit the following Report:

"That your committee have carefully revised the report of the commissioners authorised by the Commander in Chief in pursuance of the act of Congress of the 18th day of February last, to treat with the commissioners of Sir Henry Clinton and Admiral Digby, then commanding the British land and naval forces at New York, upon a general cartel for subsisting, safe-keeping, exchanging and better treating all land and naval prisoners of war:

"That in the opinion of your committee, the propositions and claims on the part of the United States in the course of the said negotiation, were founded in equity and justified

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on principles obviously dictated by the circumstances of the war:

"That there is too much reason to ascribe the inefficacy of the convention, to the predetermination of Sir Henry Clinton to regain his captive soldiers, without regard to the enormous debt which had accrued and is daily increasing for their subsistance:

"That contending with an enemy superior in riches and naval strength but debilitated by the loss of the armies which they cannot effectually replace whose chief confidence is placed in her riches and naval strength, and who is now disabled by the loss of a veteran army which cannot easily be replaced, the offers of the British general and admiral of a pecuniary composition for the large balance of prisoners of war, and of an exchange of a sailor for a soldier, were equally inadmissible; since a cartel acceded to on such grounds would render our victories fruitless, prolong the calamities of war, discourage the ardor of our troops, and endanger the liberty and independence which we have now the fairest prospect of establishing on a permanent basis, our national safety:

"That the attempts of the British commanders to enflame the minds of the marine prisoners in their power, and detach them from their allegiance, because an exchange on terms so detrimental to the public safety could not be adopted, appear to your committee to be insidious and dishonorable."

With respect to the information contained in the extract of Sir Guy Carleton and Admiral Digby's letter of the 2 August, referred to your committee, "that after Mr. Laurens was discharged, he declared that he considered Lord Cornwallis as freed from his parole;" your committee conceive it sufficient to observe, that no intimation having been received of such a fact except from the said extract, and Congress having given no directions to that purpose, the consideration

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thereof would, in their opinion, be premature, and ought therefore to be deferred:

"That in the opinion of your committee, there can be no objection to Sir Guy Carleton's proposal that chaplains, surgeons or hospital officers who shall be captured in future, may not be considered as prisoners of war; but that the condition offered by Sir Guy Carleton to reconcile the unequal proposition of exchanging sailors for soldiers, namely, "that the former shall be at liberty to serve the moment they are released, but the latter shall not serve in nor against the United States for one year," is by no means satisfactory; for not to urge that the captive seamen are in general private citizens employed in the pursuit of commerce, and not as the proposition implies, attached to any public service: the facility with which British soldiers might be exchanged for the West India garrisons, and the injury our ally might sustain by their operating against his possessions, are sufficient reasons to disprove the equity of the condition:

"Your committee beg leave to add, that in their opinion the commission to be given on the part of the British commanders in chief, of the land as well as naval forces, for concluding a general cartel in pursuance of the late act of Congress, ought to express that it is derived from or founded upon the ultimate authority of the king of Great Britain, so that if a cartel should be established, it may not be considered as the unauthoritative act of an individual, destitute of a binding force on the British nation, a construction which your committee have the greatest reason to believe was given by the British ministry to a former agreement for the exchange of prisoners when Sir William Howe commanded in America. Your committee are the rather induced to recommend this precaution, because it seems probable that engagements may be taken in the proposed negotiation for securing a part of the large balance which is due to the United States on account of the subsistance of British prisoners

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If this remark deserves attention, it is the opinion of your committee that the powers of the Commander in Chief, for treating of and establishing a general cartel for the exchange of prisoners, either by himself or commissioners, should be granted by letters patent under the Seal of the United States:

"Your committee cannot refrain from reminding Congress of the great weight of expence which is thrown upon the United States by the subsistance of so many thousand prisoners of war, for which the enemy constantly refuse to make a reasonable provision; and that in the opinion of your committee, the Commander in Chief ought to be instructed to remonstrate against the inhumanity and injustice of this procedure, and to insist in the most peremptory decided terms on reasonable satisfaction; and that if these, like former representations, should produce no effect, it will be high time to take measures, however disagreeable, for diminishing an expence burden which is become intolerable." Whereupon,

Resolved, That Congress approve the preceding report, and that it shall serve as an instruction to the Commander in Chief in executing the commission for authorising a general cartel for the exchange of prisoners of war, &c.1

[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 28, folios 97 and 103--1.
The following first draft of the report, undated, is in the writing of James Duane, except the part in brackets, which is in the writing of Ezekiel Cornell. It is in No. 28, folios 101 and 103:
The Committee consisting of &c. to whom was referred &c. beg leave to Report,
Resolved, That Congress approve of the proceedings of the Commissioners authorised by the Commander in Chief to treat with Commissioners appoined by Sir Henry Clinton, His Britannick Majesty's late commander in chief at New York as stated in their report dated the--day oftransmitted to Congress and registered [in] the Secretary's office.
That your Committee have carefully revised and maturely considered the Report of the Commissioners authorised by General Washington in pursuance of the act of Congress of theto treat with Commissioners appointed by Sir Henry Clinton the late British commander in chief at New York upon a cartel for the subsisting safe keeping and better treating all land and naval prisoners of war.
That in the opinion of your Committee the propositions and demands on the part of the United States in the course of the said negotiation were founded in moderation justice and humanity and that the close of the said mission without producing the benevolent and desirable purposes for which it was intended can only be ascribed to the predetermination of Sir Henry Clinton to regain his captive soldiers, not only without regard to the vast debt which has accrued and is still accruing for their subsistence, but on terms and compositions founded neither in reciprocity nor equality. Your Committee therefore conceive that the propositions and demands so insisted on in behalf of the United States cannot be opposed without injustice nor relinquished without loss and dishonor, and that they therefore ought to form a basis for a future negotiation.
That your Committee are also of opinion that the Commissions to be given on the part of the British Commander in Chief of the land as well as naval forces, ought to express that it is founded on the ultimate authority of the King of Great Britain. So that the negotiation cartel may not be considered as the private unauthoritative act of an individual destitute of a binding force obligatory on the British nation, a construction which your Committee has great reason to believe was given by the British Ministry to a former agreement for the exchange of prisoners while Sir Wm. Howe commanded in America.
Your Committee are the rather induced to recommend this precaution because it seems probable that engagements may be taken, in the proposed negotiation for the securing of part of the large balance due to the United States on account of the subsistence of British prisoners.
But that the condition proposed by him to reconcile the unequal proposition of exchanging a sailor for a soldier, namely, that the British soldiers should be at liberty to serve the moment they are exchanged, that the American sailors should be at liberty to serve the moment they are exchanged, and that the soldiers to be received by the British shall not serve in nor against the United States for one year, is by no means satisfactory; not to urge that in general the captive seamen are attached to commercial pursuits and in no public service. The facility with which those soldiers might be exchanged for the West India Garrisons, and the injuries our Ally might sustain by their operating against his Possessions, are sufficient reasons to disprove the Equity of the Condition.

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On the report of a committee, consisting of Mr. [John] Rutledge, Mr. [Theodorick] Bland, Mr. [Joseph] Montgomery, Mr. [Abraham] Clark and Mr. [Ezekiel] Cornell, to whom was referred a letter of the 6th, from the Secretary at War,

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together with an extract of a letter of 1st, from the Commander in Chief:

Resolved, That Congress approve of the Maryland recruits now in that State and Armand's horse, joining the main army.

Resolved, That Major General Greene remain in the southern department with the rest of the troops under his command, until further orders from the Commander in Chief; and that copies of this resolve be transmitted to the Commander in Chief and to Major General Greene.

Resolved, That the Commander in Chief be informed, that it is represented to Congress, to be indispensably necessary to keep a regular force in that department; that he be directed to make the necessary enquiry into the circumstances of the southern states, and to employ such force therein as he may think proper; and that he direct Major General Greene, whilst in the southern department, to employ the troops under his command offensively or defensively, in such manner as may be most conducive to the interest of the United States.1

[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 27, folio 185.]

The Superintendant of Finance to whom was referred the resolve of the House of Delegates of Virginia of the Second of July last, begs leave to report--

The following resolution,

That the Commissioners appointed to settle the accounts of the several States agreeably to the Act of the twentieth of February 1782 be and they are hereby directed to receive so much of the old Continental money as may be in the respective treasuries, and to count, examine, and destroy the same. That they transmit to the Superintendent of Finance accounts of the monies so destroyed. That such monies shall be credited to said States on their several quotas fixed by the resolutions of the eighteenth of March 1780 and where the amount shall exceed such quotas shall be credited to the States

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respectively as hard money at the rate of 40 for one on the accounts previous to the first day of January 1782.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, I, folio 745. It was presented and read this day, as the indorsement states. See post September 18.]

Ordered, That a letter, of 25th August, from the Governor of Rhode Island, and a Resolution of the Assembly of that State relative to the suggestion of Clarke and Nightingale being concerned in importing British goods be referred to the Agent of Marine.2

[Note 2: 2 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.
On this day, according to the indorsement, a letter of September 8, from Patrick Carnes, Captain 2d Partizan Corps, was read, and referred to the Secretary at War to report. It is in the Papers of the Continental Congress, No. 78, VI, folio 143.
Also, a letter of General Washington, dated Head Quarters, Verplank's Point, September 4. It is in No. 152, X, folio 707.
Also, another letter from him dated Head Quarters, September 5. It is on folio 711.
Also, a letter dated August 13 from Major General Greene. It is in No. 155, II, folio 511.]

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