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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, DECEMBER 18, 1782
Mr. J[ohn] Montgomery, a delegate for Pensylvania, attended, and took his seat.
On the report of a committee, consisting of Mr. [Daniel] Carroll, Mr. [Hugh] Williamson and Mr. [Samuel] Wharton, to whom was referred a letter from G. Bond:
Resolved, That the Superintendant of finance take order for the payment of four hundred dollars to George Bond, deputy secretary of Congress, for extra service.3
[Note 3: 3 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress, No. 19, I, folio 395.]
On the report of a committee, consisting of Mr. [David] Ramsay, Mr. [Abner] Nash and Mr. [Richard] Peters, to whom was referred a letter of 22 November, from E. Hazard
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and J. Bryson, relative to an explanation of the resolution of Congress of the 12 of December, 1780:
The Committee consisting of Mr. Ramsay, Mr. Nash, and Mr. Peters, to whom was committed a letter from Mr. Hazard and Mr. Bryson relative to an explanation of the Resolution of Congress of the 12th of December 1780 on the subject of giving a retrospect to the allowance to the Surveyors of the Post Roads, for travelling expences, Report, That the Spirit of the Resolution, and the justice of the case are in favor of the construction contended for by the Head of the Post Office Department and therefore they recommend the following Resolution:
Resolved, That the auditors of accounts, in settling the accounts of the post-office department, be authorised to give the same retrospect to the allowance for travelling expences as to the yearly salary of the surveyors of the post-roads.1
[Note 1: 1 This report, in the writing of Abner Nash, is in the Papers of the Continental Congress, No. 19, III, folio 79.]
The Secretary at War, to whom were referred sundry charges against S. Hodgdon, late commissary of military stores, a petition of Mary Coren and an affidavit of J. Hall, respecting the conduct of the said Hodgdon, with orders to proceed by court of enquiry or court-martial, against the said Hodgdon, in order that he may be acquitted or condemned, according to the law martial, of the charges exhibited against him; having laid before Congress the proceedings of a court of enquiry appointed pursuant to the above orders; and the said proceedings and report of the said court being read,
Ordered, That the charges above-mentioned be dismissed.2
[Note 2: 2 The Secretary at War's letter, dated December 16, is in the Papers of the Continental Congress, No. 149, II, folio 207.]
A motion being before the house in the words following:
[On motion of Mr. Daniel Carroll, seconded by Mr. David Ramsay, Resolved,
"That the secretary for foreign affairs be discharged from the instruction given him on the 12 instant] Mr. [David] Howell, a delegate from the State of Rhode Island, having
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acknowledged himself the author of the extract of the letter quoted in the report of the committee."1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, except the part in brackets, which is in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, I, folio 465.
The following undated motion, in the writing of David Ramsay, is on folio 463:
Whereas Congress has received information of the writer of the Extract referred to in the resolution ofTherefore
Resolved, That the Secretary of Foreign Affairs be discharged from making the enquiry ordered by that Resolution.]
A motion was made by Mr. [David] Howell, seconded by Mr. to postpone the consideration of the motion before the house, to make way for one he read in his place, in the words following:
David Howell, of Providence, in the State of Rhode Island and Providence Plantations, now a delegate in Congress for the said State, having in his place made the following declaration, viz.
That he hath, in sundry letters to his constituents, written largely on the public affairs, both foreign and domestic, of the United States, particularly in a letter of 15 pages, in folio, directed to his Excellency William Greene, esq. governor of said State, and in another, less copious, directed to John Carter, esq. printer of the Providence Gazzette; from one of which, he doubts not, was extracted a certain paragraph in the Providence Gazzette of the 2d day of November last, as follows, viz.
This day letters have been read in Congress from Mr. Adams, of the 16 of August; Mr. Dumas, his secretary, of the 19. The loan he is negotiating fills as fast as could be expected. * * * The national importance of the United States is constantly rising in the estimation of European powers and the civilized world. * * * Such is their credit, that they have of late failed in no application for foreign loans, and the danger on that score is that of contracting too large a debt." * * * * * * * desunt non nulla * * * * * *
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But not having copies of said letters, he is at present unable to identify the words and sentences: the substance he avows to have written not only in said letters, but others on sundry occasions: at the same time absolutely protesting generally against any power exercised or claimed by Congress, to call any member of their body to account for any information which he may think proper to communicate to his constituents, (the secrets only of Congress excepted); and more especially against any power in the present Congress to call to account a member of the late Congress. Further alleging and protesting, that the resolve of theday of December instant appointing a committee of Congress on late publications, is a departure from the dignity of Congress, and tends to establish a precedent dangerous to the freedom of the press, the palladium of liberty, civil and religious; and that the resolve of theday of December instant accepting the report of said committee against a certain paragraph in a newspaper, and demanding the writer thereof to be delivered up by the executive of the State of Rhode Island, is in effect an infraction of the 5th Article of the Confederation, which allows freedom of speech and debate in Congress, and of course a free communication of such speeches and debates to their constituents, by the members of Congress, without being accountable to that body for the propriety of what is said, debated or communicated; and declaring that the facts stated in said paragraph, respecting foreign loans, are substantially true, and can be established by authentic documents in possession of Congress, there having been no eventual and final failure in any late application; that the opinions advanced were such as he entertained and declared on the floor of Congress, when the sum of a foreign loan was agitated, as the yeas and nays on the journal will manifest, and such as he still retains, and in which he is not alone; that great injustice may be done to the most cautious writer, by publishing a single paragraph
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only of a letter (of which however he does not in this case complain) and still greater by a committee of Congress reporting only a part of such paragraph, and thereby fixing it on the journals in such a detached and maimed condition, of which he does complain, and alleges that such proceeding threatens the privileges and endangers the characters of members of Congress; that such a mode of inquisition, established by authority of Congress, has a tendency to erect a system of despotism, by deterring the minority from writing freely to their constituents such things as they have a right to know, lest their letters should be intercepted, published, and in detached paragraphs injuriously fixed on the journals of Congress by an overbearing majority; that it is well known that in his private opinion he is, has been, and has a right to be, against the five per cent impost; his constituents expected him to oppose it; that he has been faithful to them in that particular will not be denied. He is happy to find that the State he has the honor to represent has unanimously rejected that dangerous measure, by a solemn determination of the lower house of assembly, on the first day of November last, fifty-three members being present. If the part he has taken in that regard has drawn on him the resentment of any, he will endeavour to sustain it with a fortitude becoming the cause of freedom and his country, which in every part of his conduct he has uniformly supported, and for proof appeals to the journals of Congress. His constituents have hitherto approved his conduct, and he trusts they will not fail to support him. He considers himself as their servant, and to them alone he is accountable for his doings; and under them the servant of the United States, and not the servant of Congress.
The declaration and protest aforegoing, being duly considered,
Resolved, That the resolution ofin the words following, viz. "Resolved, that the Secretary for foreign affairs
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be instructed to write to the executive of Rhode Island, requesting them to enquire through what channel the above communication was made, or who is the supposed author of the extract referred to, and report accordingly," be and the same is hereby revoked.1
[Note 1: 1 This motion, in the writing of Jonathan Arnold, is in the Papers of the Continental Congress, No. 36, I, folio 459. The vote is indorsed on it.]
This motion of Mr. [David] Howell, being seconded by Mr. [Jonathan] Arnold, and on the question to agree to it, the yeas and nays being required by Mr. [David] Howell,
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So it passed in the negative.
A question was then taken on the motion before the house; Whereupon, it was
Resolved, That the Secretary for foreign affairs be discharged from the instruction given him on the 12th instant Mr. [David] Howell, a delegate from the State of Rhode Island, having acknowledged himself the author of the
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extract of the letter quoted in the report of the committee of that day.
A motion was then made by Mr. [Alexander] Hamilton, seconded by Mr. [Daniel] Carroll, in the words following:1
[Note 1: 1 The entries in the Journal for the balance of this day are by George Bond.]
"Congress having in respect to the Articles of Confederation, admitted on their journals an entry of a motion made by Mr. [David] Howell, seconded by Mr. [Jonathan] Arnold, highly reflecting on derogatory to the honor and dignity of the United States in Congress assembled:
[Resolved, That a committee be appointed to report such measures as it will be proper for Congress to take thereupon."]2
[Note 2: 2 This motion, in the writing of Daniel Carroll, the part in brackets being in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 36, I, folio 467.]
A motion was made by Mr. [Jonathan] Arnold, seconded by Mr. [David] Howell, to strike out the words "highly derogatory to the honor and dignity of the United States in Congress assembled:"
And on the question, shall the words moved to be struck out, stand? the yeas and nays being required by Mr. [Jonathan] Arnold,
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So it was resolved in the affirmative.
On the question to agree to the motion, resolved in the affirmative.
Members chosen for the foregoing committee, Mr. [John Taylor] Gilman, Mr. [Alexander] Hamilton, and Mr. [James] Madison.
The Committee of the week [Mr. Abraham Clark, Mr. John Collins and Mr. Nathaniel Gorham] report,
That Congress having lately determined on a memorial of Reyer Schermerhorn respecting his claims, that therefore his present memorial on the same subject be dismissed.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 41, IX, folio 214, and is indorsed on Schermerhorn's memorial. The memorial, dated December 18, is on folio 213, and the indorsement shows that it was read the same day and dismissed.
On this day, according to the indorsement, was read a letter of November 16 from Jacob Cuyler, late Deputy Commissary General of Purchases, enclosing a letter, of November 8, from Isaac Tichenor. It was referred to Mr. [James] Madison, Mr. [Richard] Peters, Mr. [John Taylor] Gilman. It is in No. 78, VI, folio 155.]
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