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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 --THURSDAY, MAY 1, 1783
On motion of Mr. A[rthur] Lee, seconded by Mr. [Silas] Condict,
Resolved, That when a member takes any paper from the files of Congress, he shall leave a receipt for the same in the office.1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 183.]
A letter having been read from the minister of France to the Secretary for Foreign affairs, requesting him to inform Congress of the proposed departure of the Duke de Lauzun's legion and other detachments of Count Rochambeau's army for France; and expressing, with the Duke de Lauzun, the sense that he and the other officers and men of this army entertain of the harmony which has subsisted between them and the inhabitants of these states, and of the hospitality with which they have been treated by them:2
[Note 2: 2 This paragraph, and the resolutions following it, were entered also in the manuscript Secret Journal, Foreign Affairs.]
Resolved, That the Secretary for Foreign affairs inform the minister of France, that Congress learn with pleasure the satisfaction which the Duke de Lauzun, and the officers and men of the French army in America express, in the harmony which has subsisted between them and the inhabitants of these states, since it exhibits at the same time a strong proof of the good disposition and discipline of the commanders, officers and men, and the just sense the people of this country entertain of the important services they have rendered.
As a further testimony of which,
Resolved, That the Secretary for Foreign affairs inform the Duke de Lauzun, and the officers and men under his command, that the United States in Congress assembled are highly sensible of their successful exertions in the cause of America, and of the strict attention which they have at all
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times paid to the rights of its citizens; and while they rejoice at the events which have brought tranquillity to these states, it adds to their pleasure to reflect, that it restores those who have been active in procuring it to their friends and their country.1
[Note 1: 1 These resolutions, and La Luzerne's letter, dated Philadelphia, April 29, 1783, are printed in The Diplomatic Correspondence of the American Revolution (Wharton), VI, 897 and 398.]
On the report of a committee, consisting of Mr. [Nathaniel] Gorham, Mr. [Thomas] Fitzsimmons and Mr. [Samuel] Holten, to whom was referred a memorial from Mr. [Benjamin] Hawkins and Mr. [Hugh] Williamson:
Ordered, That the Secretary for Foreign affairs forward to the British general and admiral commanding at New York, a copy of the papers laid before Congress by Mr. [Benjamin] Hawkins and Mr. [Hugh] Williamson, delegates from the State of North Carolina, respecting the capture of a flag, together with a copy of their memorial assuring them that Congress are persuaded they will not fail to make the necessary enquiries respecting the promises and that justice will may be done.2
[Note 2: 2 This order, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 20, II, folio 355. The representation of Hawkins and Williamson, dated April 16, 1783, is in No. 43, folio 205, and, according to the indorsement, was laid before Congress the same day. The papers laid before Congress are in No. 76, folios 7--35. The order was also entered in the manuscript Secret Journal, Foreign Affairs.]
Congress resumed the consideration of the report of the committee on the memorial of Oliver Pollock; Whereupon,
On motion of Mr. [John] Rutledge, seconded by Mr.
Resolved, That Oliver Pollock be allowed five thousand dollars as a compensation for his losses and extraordinary services.3
[Note 3: 3 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 36, II, folio 65.]
Ordered, That the remainder of the report be re-committed.
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On a report of the Secretary at War, to whom was referred a letter from President Dickinson to the delegates of Pensylvania:1
[Note 1: 1 Dickinson's letter, dated April 28, is in the Papers of the Continental Congress, No. 69, II, folio 447.]
War Office May 1st 1783.
Sir,
On the letter from President Dickinson to the Delegates of Pennsylvania in Congress, and a letter from General Irvine to the Secretary at War, both representing the hostile proceedings of the Indians against the inhabitants on the frontiers of this State, I beg leave to submit the following draught of a resolve to the consideration of Congress:
Resolved, That the Secretary at War take the most effectual measures immediately to inform the several Indian nations on the frontiers of the United States that a peace has been concluded with Great Britain and to communicate to them what cessions of forts and territory have been thereby made to the United States, assuring them at the same time that the different posts will soon be occupied by the American troops, intimating also that the United States are disposed to enter into friendly treaty with the different tribes.
Ordered, That the Secretary at War transmit the proceedings of Congress herein, with copies of President Dickinson's and General Irvine's letters to the Commander in Chief, who is directed to request Sir Guy Carleton to take such measures as may second the views of Congress, and prevent the commission of farther hostilities by the Indian nations in alliance with Great Britain against the citizens of the United States.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, II, folio 461.]
Resolved, That the Secretary at War take the most effectual measures to inform the several Indian nations, on the frontiers of the United States, that preliminary articles of peace have been agreed on, and hostilities have ceased with Great Britain, and to communicate to them that the forts within the United States, and in possession of the British troops, will speedily be evacuated; intimating also that the United States are disposed to enter into friendly treaty with the different tribes; and to inform the hostile Indian nations, that unless they immediately cease all hostilities against the
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citizens of these states, and accept of these friendly proffers of peace, Congress will take the most decided measures to compel them thereto.
Ordered, That the Secretary at War transmit the proceedings of Congress herein, with copies of President Dickinson's and General Irwine's letters, to the Commander in Chief and to the commissioners for Indian affairs in the northern department.
On the report of a committee, consisting of Mr. [Alexander] Hamilton, Mr. [Oliver] Ellsworth and Mr. [John] Rutledge, to whom was referred a letter of February 5, from the honourable J. Adams,
The Committee to whom was referred the letter from Mr. Adams of thereport
That they have examined the different instructions given to our Commissioners and Ministers abroad and find that the Commissioners for making peace have an implied power to comprehend commercial stipulations in a Treaty of peace, but that there is no direct subsisting power of entering into a treaty of commerce with Great Britain distinct from the treaty of peace.
The Committee are of opinion that a special commission for that purpose ought without delay to be transmitted to the three remaining commissioners for peace, Mr. Franklin, Mr. Adams and Mr. Jay; and this for the following reasons:
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only on account of the immediate advantages of that commerce but from the possibility of making it the means of extending our commercial privileges with other nations; and because it is probable the impressions of the present conjuncture may be more favourable to the views of these States than a future period.
The Committee are also of opinion that it will be expedient to authorise the Commissioners to enter into a temporary convention agreeable to Mr. Adams' idea to last for one year, to give time to mature and conclude the treaty of commerce, and to instruct them at the same time to stipulate that the treaty which they may enter into shall be subject to the revisal and observations of Congress before it shall be finally concluded.
On these principles The Committee submit the following resolution
Ordered, That a commission be prepared to Messrs. J. Adams, B. Franklin and J. Jay, authorising them, or either of them in the absence of the others, to enter into a treaty of commerce between the United States of America and Great Britain, subject to the revisal of the contracting parties previous to its final conclusion; and in the mean time to enter into a commercial convention to continue in force one year.
That the Secretary for foreign affairs lay before Congress, without delay, a plan of a treaty of commerce and instructions relative to the same, to be transmitted to the said commissioners.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 19, I, folio 33.
The order was entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4.]
[Report respecting Invalid Corps. Mr. Alexander Hamilton, Mr. Richard Peters, Mr. Daniel Carroll.]
Resolved, That the Corps of Invalids be reduced, such officers as have lost a limb or been otherwise equally disabled in service to retire on full pay for life, or at their option collectively to the amount of seven years' full pay in gross such officers as may not be included principles in this description to retire on half pay for life the same with other officers of the army, such Non Commissioned officers and soldiers as being strangers in the country and having been disabled
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in service are incapable of providing for their own subsistence and are proper subjects for a Hospital, to be received into some fixed Hospital, to be appropriated for the purpose, and there supported during life on such provision as may be hereafter determined, to be entitled in the meantime to their usual rations and clothing; and such Non Commissioned officers and soldiers disabled in service as may have homes to which they can retire, to be discharged on the principles of the resolution of the 23rd of April last.
That the Secretary at War be directed to take proper measures previous to the reduction to ascertain the different classes above described, and to report a list of them respectively to Congress.
That the officers who shall retire on full pay, may at their option collectively accept in lieu of such full pay for life the amount of years' full pay in money or securities on the terms of the resolutions of thelast.
That at the reduction of this Corps all the officers and men shall receive one month's pay and shall share in any farther payments which may be made to the other parts of the army when reduced.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 31, folio 273. The indorsement states that it was delivered this day.]
The committee of the week [Mr. Eliphalet Dyer, Mr. Samuel Holten and Mr. Arthur Lee,] report That the memorial of William Trent praying an answer to a petition relative to a tract of land called Vandalia for which he states the memorialists and his associates had contracted for with his Brittanic Majesty be returned to the memorialist.
That the account of William Hartshorne of Alexandria in the State of Virginia, be referred to the Superintendant of finance to take order; and that he transmit a copy of the account to the Executive of the State of Virginia with information of his intention to pay it here if it has not been previously settled in that State.2
[Note 2: 2 This report, in the writing of Arthur Lee, except the last line, which is in the writing of James Madison, is in the Papers of the Continental Congress, No. 32, folio 473. By the indorsement it is dated this day. Trent's memorial is in No. 77, folio 222.]
Ordered, That a letter of 21st April from Jos: Borden for settlement of his accounts be referred to the Superintendant of Finance to report.
Ordered, That a memorial of Mordecai Lewis in behalf of William Hartshorn respecting the discharge of an obligation of Marquis de la
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Fayette to said William Hartshorn be referred to the Superintendant of Finance to take order.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.
On this day, as the indorsement indicates, was read a letter of May 1 from the Superintendent of Finance, relative to goods imported in the ships Duc de Lauzun and Washington. It was referred to Mr. [Stephen] Wigginson, Mr. [Benjamin] Hawkins and Mr. [John Lewis] Gervais. It is in the Papers of the Continental Congress, No. 137, II, folio 403. According to Committee Book No. 191, a report was delivered May 14, and filed.
Also a letter of April 22 from the Secretary at War enclosing a letter of General Irvine, which was returned to the War Office. The Secretary at War's letter is in No. 149, II, folio 445.]
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