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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 --FRIDAY, OCTOBER 4, 1782
On the report of a committee, consisting of Mr. [James] Duane, Mr. [John] Rutledge, Mr. [Joseph] Montgomery, Mr. [James] Madison, and Mr. [Daniel] Carroll, to whom were referred despatches from the Hon. J. Jay, of the 25 June, and from the Marquis de la Fayette, of the 25 and 29 of the same month, Congress agreed to the following act:1
[Note 1: 1 Jay's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) V, 516; and Lafayette's letter, of June 25, on page 517.]
Whereas by the Articles of Confederation and perpetual union, the sole and exclusive right of making peace is vested
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in the United States in Congress assembled; and by the treaty of alliance between his Most Christian Majesty and these United States, it is declared that neither of the contracting parties shall conclude peace or truce with Great Britain without the consent of the other; and the ministers plenipotentiary of these United States in Europe are vested with full power and authority in their behalf, and in concert with their allies, to negotiate and conclude a general peace. Nevertheless it appears that the British court still flatters itself with the vain hope of prevailing on the United States to agree to some terms of dependence upon Great Britain, or at least to a seperate peace; and there is reason to believe that commissioners may be sent to America to offer propositions of that nature to the United States: or that secret emissaries may be employed to delude and deceive. In order to extinguish ill founded hopes, to frustrate insidious attempts, and to manifest to the whole world the purity of the intentions and the fixed and unalterable determination of the United States:
Resolved, unanimously, That Congress are sincerely desirous of an honorable and permanent peace; that as the surest only means of obtaining it, they will inviolably adhere to the treaty of alliance with his Most Christian Majesty, and conclude neither a seperate peace or truce with Great Britain; that they will prosecute the war with vigor, until, by the peace shall be blessing of God on the united arms, a general happily effected accomplished, by which the full and absolute sovereignty and independence of these United States having been duly recognized and acknowledged assured, their rights and interests, as well as those of their allies shall be effectually provided for and secured.
Resolved That Congress will not enter into the discussion of any overtures for pacification, but in confidence and in concert with his Most Christian Majesty:
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Resolved That to guard against the secret artifices and machinations of the enemy, it be, and hereby is, recommended to the respective states, to be vigilant and active in detecting and seizing all British emissaries and spies, that they may be brought to condign punishment: that it be enjoined on all officers of departments charged with persons coming from the enemy under the protection of flags of truce, to take special care that such persons do not abuse their privileges, but be restrained from all intercourse with the country and inhabitants, which is not necessary for transacting the public business on which they may be sent: and lastly, it is recommended that none of the subjects of his Britannic Majesty on any pretense be permitted to become citizens of the United States during the war [to the several states that no subjects of his Britannic Majesty, coming directly or indirectly from any part of the British dominions, be admitted into the rights privileges &c. of citizenship of any of the United States during the war].1
[Note 1: 1 This report, in the writing of James Duane, except the paragraph in brackets, which is in James Madison's writing, is in the Papers of the Continental Congress, No. 19, II, folios 245 and 247½.]
Ordered, That the Honorable the minister plenipotentiary of France be furnished with a copy of the above act, and that copies be transmitted to the ministers of these states at foreign courts, and that in the mean time it be published.2
[Note 2: 2 To this point the proceedings for the day were also entered in the manuscript Secret Journal, Foreign Affairs.]
Ordered, That Mr. [Arthur] Lee have leave of absence.
Ordered, That a memorial of Jos: Frost and Mr. Denning's report thereon to be referred to the Commissioner appointed to settle the accounts between the United States and the State of Connecticut, be referred to the Superintendant of Finance.
Ordered, That a report of the Secretary at War on Mr. [David] Ramsay's motion be referred to the Superintendant of Finance and Secretary at War, to take order.3
[Note 3: 3 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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The Committee of the Week [Mr. William Hemsley, Mr. Thomas Smith, Mr. Silas Condict] report, That the memorial of James Lees late a Captain in the Artillery praying for the payment of £420.3.10. due to him for expences and also praying for the payment of the depreciation of his pay be referred to the Secretary at War.1
[Note 1: 1 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 32, folio 399. It is undated, but Committee Book No. 186 shows that the memorial was referred to the Secretary at War on this day.]
The Committee of the Week [Mr. William Hemsley, Mr. Thomas Smith, Mr. Silas Condict] report, That the memorial of Mordecai Sheftal, late Deputy Commissary General of Issues in Georgia, setting forth that the loss of several of his official papers when he was made prisoner at Savannah makes it impossible for him to settle his accounts in the regular method and praying relief and also that a sum of money may be paid to him, be referred to the Superintendant of Finance.2
[Note 2: 2 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 32, folio 401. The indorsement states that it was passed this day.
A letter of August 25 from the Governor of South Carolina was read this day, according to the indorsement. It is in No. 72, folio 561.
Also, a letter of August 12, from the Speaker of the Assembly of Georgia which was referred to Mr. [Joseph] Montgomery, Mr. [Samuel] Osgood, Mr. [Daniel] Carroll. It is in No. 73, folio 295.]
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