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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 --WEDNESDAY, SEPTEMBER 25, 1782
Congress took into consideration the report of a committee, consisting of Mr. [John] Witherspoon, Mr. [James] Madison, Mr. [John] Rutledge, Mr. [Samuel] Osgood, and Mr. [Joseph] Montgomery, to whom was referred a set of resolutions moved by Mr. [John] Witherspoon:The report is as follows:
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A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Silas] Condict, to strike out the last paragraph.
And on the question, shall the last or fourth paragraph of the report stand? the yeas and nays being required by Mr. [Theodorick] Bland,
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So it passed in the negative.
On the question to agree to the report as amended, the yeas and nays being required by Mr. [Abraham] Clark,
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So the question was lost.1
[Note 1: 1 Here Charles Thomson resumes the entries.]
The Committee to whom was referred the letter from Mr Laurens of theday oftogether with a paper enclosed to Congress by Dr Franklin submit the following Report,
That it appears from the papers referred to the Committee that Mr Laurens did at the time of his discharge from captivity authorise an expectation in the British Ministry that Earl Cornwallis should in exchange be absolved from his Parole.
That the Minister Plenipo. at the Court of Versailles in consequence of the Representations and request of Mr Laurens did by an instrument bearing date the 9th of June last absolve the said Earl Cornwallis from his parole, reserving however to Congress the confirmation or disapprobation of the measure.
That from a comparative view of the British prisoners of war now in possession of the U. S. and of Americans prisoners of war to the British King, there appears little probability that the discharge of Earl Cornwallis will deprive the U. S. of the means of redeeming any of their Citizens from captivity.
That on a consideration of these circumstances the Committee are of opinion that altho' the exchange in question was not derived from due authority, and altho' it might better accord with the peculiar barbarities which characterise the said Earl Cornwallis in his prosecution of a war in itself the most barbarous of Modern Ages, to make him the last, instead of so early an object of indulgence, yet it is upon the whole expedient for Congress to confirm the Act by
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which he has been set at liberty, and the Committee accordingly recommend,
That the Act or Instrument given at Passy the 9th day of June last by Benjamin Franklin, Minister Plenipo. of the U. S. at the Court of Versailles discharging Lt General Earl Cornwallis from the parole given by him in Virginia be confirmed, and that the said Earl Cornwallis be no longer considered as a prisoner of war to the U. S.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, II, folio 135. The indorsement shows that it was read September 25, and recommitted September 26, with a motion of Mr. [James] Duane. According to Committee Book No. 186, "Transactions relative to the exchange of Lord Cornwallis for Mr. H. Laurens" were, on September 18, committed to Mr. [Ezekiel] Cornell, Mr. [James] Madison and Mr. [John] Rutledge, and "a member added 24." On September 26 the report was recommitted, with Mr. Duane's motion, to Mr. [James] Madison, Mr. [John] Rutledge and Mr. [Joseph] Montgomery, and on November 21 it was again recommitted to Mr. [James] Madison, Mr. [John] Rutledge and Mr. [Hugh] Williamson.]
The Committee [Mr. Abraham Clark, Mr. Ezra L'Hommedieu and Mr. Theodorick Bland] to whom were referred the letter from Joseph King, with the papers accompanying the same, report,
That the said Joseph King was Adjutant in the 4th. Jersey regiment, and badly wounded in an engagement in the year 1777 from which he hath no prospect of a recovery, so far as to enable him to obtain a support by labour; That in 1779 he became deranged by the reduction of the regiment; and as the Office of Adjutant was, by the arrangement then made, to be executed by any Officer of the Line, the said King could not exercise that Office, or hold any rank in the Invalid Corps, which he would otherwise have been entitled to; being thus circumstanced, there appears no practicable method of granting relief other than from the State to which he belongs, agreeable to the resolutions of Congress of the 26th. of August 1776, for making provision for disabled officers and soldiers: Whereupon,
Resolved, That the letter of Joseph King with the papers accompanying the same, be referred to the Legislature of the State to which he belongs, to whom it is recommended to cause enquiry to be made into his claims on account of his being disabled in the service of the United States, and grant him half pay, or such other allowance as the particular circumstances of his case may entitle him to by the before mentioned resolutions, charging the same to the United States agreeably thereto.2
[Note 2: 2 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 22, folio 233. The indorsement shows that it was read on this day.]
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Ordered, That a motion of Mr. [Joseph] Montgomery "that a requisition be made to each State to provide ways and means for the payment of interest due on public liquidated Debts as also the half pay due or that may be due to retiring Officers" be referred to the Grand Committee.
That a Representation of the Legislature of New Jersey, respecting the Officers of the Jersey line, be referred to the Superintendant of Finance to report.1
[Note 1: 1 These two orders were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.]
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