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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, AUGUST 12, 1782
In pursuance of the resolution of the sixteenth day of July last, the agents for the Commonwealth of Pensylvania and for Connecticut made report as follows:
To the honorable the Congress of the United States of America:
We the underwritten agents on the part of the Commonwealth of Pensylvania, and of the State of Connecticut, do humbly certify, that in pursuance of the resolution of Congress bearing date the sixteenth day of July last, we have met and conferred together, and by joint consent have appointed the following gentlemen as commissioners to constitute a court for hearing and determining the matter in question between the said states, that is to say, the Hon. William Whipple, esq. of New Hampshire; the Hon. Major General Nathaniel Greene, of Rhode Island; the Hon. David Brearley and William Churchill Houston, esqrs. of New Jersey; the Hon. Cyrus Griffin and Joseph Jones, esqrs. of Virginia; and the Hon. John Rutledge, esq. of South Carolina, any five or more of whom we have agreed shall constitute a court, and have authority to proceed and determine the matter and difference between the said states. At the same time we beg leave most humbly to request that Congress will be pleased to determine how much shall be allowed to the said commissioners as a compensation for their services, and also in what manner and by whom they shall be paid.
Dated the 8th day of August, in the year of our Lord one thousand seven hundred and eighty-two, and in the 7th year of our independence.
Signed,
[Note 1: 1 According to Papers of the Continental Congress, Committee Book, No. 186, this joint report of the agents for Pennsylvania and Connecticut was referred, on this day, to Mr. [John Morin] Scott, Mr. [James] Madison, and Mr. [John] Witherspoon.]
On the report of a committee, consisting of Mr. [John] Lowell, Mr. [Ezekiel] Cornell, and Mr. [James] Madison, to
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whom was referred a letter of the 9th of July from the Commander in Chief, with sundry papers enclosed:
Resolved, That Congress approve the conduct of General Washington in refusing to enter into any discussion with General Carleton on the subject of the treason laws passed by the several states.
Resolved, That the states of America which compose the union, being sovereign and independent, the Laws respectively passed by them for t heir internal government and the punishment of their offending citizens, cannot be submitted to the discussion of a foreign power, much less of an enemy.
2. That as soon as due provision shall be made on the part of the enemy for settling and discharging the balance due to the U. S. for the past maintenance of Prisoners, and solid arrangements made to provide for them in future, a general exchange of prisoners will be concurred in on the part of the U. States.
3. That a copy of the two last resolutions be transmitted by Genl. Washington to Genl. Carleton.
Report of the Committee to whom was recommitted the report on the letter of General Washington submit the following resolutions:
That Congress have always been and still are ready to concur in a cartel for an exchange of prisoners on equal and just principles and approve of the measures taken for that purpose by the Commander in Chief.
That a copy of this resolution be transmitted by Genl. W. to the British Commander in Chief in New York.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 19, VI, folio 399.]
On the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [John] Witherspoon, and Mr. [John] Rutledge, to whom was referred a letter of the 5, from General Washington, Congress came to the following resolutions:
The Committee to whom was referred the letter from Genl. Washington of August 5, 1782, enclosing the copy of a letter from Sir Guy Carleton and Admiral Digby dated August 2nd and the reports of two committees together with sundry letters relative to a partial exchange
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of prisoners, having considered the same, beg leave to submit the following resolutions:
Whereas from the late publications the people throughout the United States may be induced to believe that Congress have received authentic communications upon the subject of an approaching peace:
Resolved, That the letter of August the 2d, 1782, from their Excellencies Sir Guy Carleton and Admiral Digby, to his Excellency the Commander in Chief, be made public.
Resolved, That Congress consider the above letter as mere matter of information, inexplicit as to the nature and extent of the independency directed to be proposed by the British plenipotentiary; and as Congress have received no information on this subject from their ministers for negotiating a peace, therefore no public measure can or ought to be taken upon it in its present form.
Resolved, That it be, and it is hereby, recommended to the several states in the union, not to remit of their exertions for carrying on the war with vigor, as the only effectual means of securing the settlement of a safe and honorable peace.
Resolved, That the Commander in Chief be directed to propose to his Britannic Majesty's commanders at New York, the appointment of commissioners to settle forthwith a general cartel for the exchange of prisoners, as the most effectual measure for relieving the citizens and subjects of the two powers from the miseries of captivity taking care that the liquidation of accounts and settlement of the balance due for the maintenance of prisoners, be provided for therein.
That the Commander in Chief be authorised to empower the commissioner or commissioners he shall appoint to settle a general cartel to release the right Honorable Lieut. General Earl Cornwallis from
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his parole in return for a similar indulgence granted by his Britannic Majesty to the Honble. Mr. Laurens.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, VI, folio 401. The preamble is on folio 413.
On this date, according to the indorsement, a letter of July 11, from Major General Greene, was read and referred to Mr. [Joseph] Montgomery, Mr. [Ezekiel] Cornell and Mr. [Theodorick] Bland. It is in No. 155, II, folio 473.
On this, or an approximate date, was read a letter of July 13, from Major General Greene. It is in No. 155, II, folio 485.
Also, on this date, as the indorsement indicates, a letter from Major General Greene, dated July 14, was read. It is on folio 499.]
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