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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 16, 1782
Resolved, That the following commission be executed and transmitted to his Excellency General Washington:
THE UNITED STATES IN CONGRESS ASSEMBLED.
To all people who shall see these presents, send greeting.
Whereas justice and humanity and the practice of civilized nations, require that the calamities and asperities [SEAL] John Hanson Chas. Thomson, Secy. of war should as far as possible be mitigated; and we being disposed for that benevolent purpose to accede to a general cartel between the United States of America and the British nation, for the exchange, subsistance and better treatment of all prisoners of war: Now therefore know ye, that reposing high confidence in the wisdom, prudence and integrity of our trusty and well beloved George Washington, esq. our Commander in Chief of all our armies, raised and to be raised for the defence of the United States of America, we have authorised sad empowered, sad by these presents do authorise and empower, our said Commander in Chief, for us and in our name, to negotiate, accede to and establish, in the proper forms and with the usual solemnities, such general cartel between the United States in Congress assembled, and the king of Great Britain, for the exchange, subsistance and better treatment of all prisoners of war, as well land as naval prisoners; hereby giving and granting to our said Commander in Chief full power and authority, ultimately and on all points, to adjust and conclude the principles, terms and conditions of the said cartel, and in general to do and perform every matter and thing which shall in any wise be necessary for the final and perfect accomplishment thereof. And the better to enable our said Commander in Chief to execute the trust reposed in
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him by these presents, we do hereby further authorise sad empower him, from time to time, by commission under his hand and seal, to nominate and constitute such and so many commissioners as he shall judge necessary, to meet, treat, confer and agree with commissioners to be appointed and competently authorised on the part of the king of Great Britain, touching the terms, conditions and stipulations, for subsisting, better treating and exchanging all prisoners of war as aforesaid, as well as for liquidating and settling all accounts and claims whatsoever, respecting the maintenance and subsistance of prisoners of war on either side. And we do hereby declare that the engagements concluded upon by our said Commander in Chief in the premises, being mutually interchanged with the party contracting on behalf of the crown and nation of Great Britain, shall be binding and conclusive on the United States of America.
In testimony whereof we have caused these our letters to be made patent, and the great seal of the United States of America to be thereunto affixed. Witness his Excellency John Hanson, President of the United States in Congress assembled, the 16th day of September, in the year of our Lord one thousand seven hundred and eighty-two, and of our sovereignty and independence the seventh.1
[Note 1: 1 This commission is in the Washington Papers, vol. 98, folio 181.]
Ordered, That the proceedings of Congress of the 24 of May be not printed until the further order of Congress, and that members applying be furnished with authenticated copies.
On the report of a committee, consisting of Mr. [Ezekiel] Cornell, Mr. [Samuel John] Atlee and Mr. [Daniel] Carroll, to whom was referred a letter of the 27 of August from the Secretary at War, relative to the contingent expences incurred in the absence of the Commander in Chief, and the commanding officer of the southern army.
Resolved, That the Secretary at War be, and he is hereby authorised to issue his warrant on the paymaster general, for such sums of money as he may find it necessary to advance for the expences of such officers or expresses as may be sent to this city on public business, either by the Commander in Chief or the commanding officer of the southern army. An account of such advance shall be transmitted to the general
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who shall have sent the officer or express, to be accounted for in the adjustment of their expences.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress. No. 27, folio 193,]
On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Ezekiel] Cornell and Mr. [Daniel] Carroll, to whom was referred a letter of 9, from the Secretary for foreign affairs, requesting leave of absence for a few weeks:
Resolved, That the Secretary for foreign affairs have leave of absence agreeable to his request.
Ordered, That a paragraph of Mr. Laurens's letter of 30th May, 1782, relative to the salary due to Moses Young as private Secretary to Mr. H. Laurens be referred to the Superintendant of Finance to take order.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.]
[Motion Respecting Mr Dumas. September 16, 1782. Referred to "the Committee on Salaries to foreign ministers," Mr James Madison, Mr Arthur Lee, Mr James Duane.]
Resolved, That there be allowed toDumas Esq. Agent for the U. S. at the Hague a salary after the rate of £400 Sterling Dollars per annum to be computed from the 1st day of Jany. last.3
[Note 3: 3 This motion, in the writing of James Duane. is in the Papers of the Continental Congress, No. 25, II, folio 203.]
Resolved, That the Commander in Chief be directed not to agree to the Exchange of Earl Cornwallis for the Honorable Mr Laurens; but that he be instructed in consideration of the assurance given to the British Ministry by Mr Laurens to allow for him such a number of officers as by composition may be equal in Rank to a Lieutenant General provided that Lieutenant Colonel Tarleton be not of that number, the many wanton cruelties and barbarities committed by Earl Cornwallis and Lieut. Col. Tarleton on the citizens of the U. S. contrary to the usage of war amongst civilized nations being of so enormous a nature that Congress hold their conduct in the utmost abhorrence and detestation.4
[Note 4: 4 This resolution, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 19, III, folio 461. It was offered this day, according to Committee Book, No. 186, and referred to Mr. [John] Rutledge, Mr. [James] Duane and Mr. [James] Madison.]
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