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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 --TUESDAY, JULY 1, 1783
On the report of a committee, consisting of Mr. [Alexander] Hamilton, Mr. [Oliver] Ellsworth and Mr. [Theodorick] Bland, to whom was referred a motion of Mr. [Alexander] Hamilton:
Resolved, That Major-General Howe be directed to march such part of the force under his command, as he shall judge necessary, to the State of Pensylvania, in order that immediate
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measures may be taken to confine and bring to trial all such persons belonging to the army as have been principally active in the late mutiny, to disarm the remainder, and to examine fully into all the circumstances relating thereto.
and in case, in he progress of the investigation, it shall appear that any persons no belonging to the army had been concerned in promoting or abetting the disorders of the soldiery, that application be made to the civil authority of the state to proceed against them as the law shall direct.
That it is the desire of Congress in the execution of the foregoing resolution, if any matters shall arise which may concern the civil jurisdiction, or in which its aid may be necessary, application be made for the same to the executive authority of the State.
[That the executive of Pensylvania be informed of the foregoing resolutions, and requested to afford their assistance whensoever the same shall be required.]1
[Note 1: 1 This report, in the writing of Alexander Hamilton, except the paragraph in brackets, which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 21, folio 355.]
The committee, "consisting of Mr. [Alexander] Hamilton Mr. [Oliver] Ellsworth and Mr. [Richard] Peters, to whom were referred a letter of the 17 June, from Colonel R. Butler, at Lancaster, and sundry papers communicated to Congress by the executive council of Pensylvania, through their delegates, having on the 19 of June made a verbal report, and on the 20 of the same month a report in writing, and the written report being on the 30th re-committed, that they might amend it, by adding thereto their verbal report, and the report being this day brought in with the amendment:
Ordered, That it be entered on the Journal.
The report is as follows:
"The committee to whom were referred the letters and papers communicated to Congress by the executive council of Pensylvania, through their delegates, report,
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"That they had a conference yesterday, as directed, with the supreme executive council, in which, in the first instance, the propriety of immediately calling out a detachment of militia to intercept the mutineers on their march from Lancaster, was suggested proposed to the council, with such observations as the subject presented suggesting the dangerous of their being suffered with impunity to join the troops in the barracks, who by a menacing message sent some a few days before to Congress had manifested a spirit of mutiny dangerous spirit by an insolent and threatening message sent to Congress in the name of a board of serjeants, and who, it was apprehended, would be ready to make common cause with those on their march for some mischievous mutinous purposes. That the council having shewn a reluctance to call out any part of the militia, founded on expressing an opinion that they would not be willing to act, till some outrage should have been committed by the troops, there appeared to the committee no alternative but to endeavour by expedients to keep the men in the barracks from to prevent if possible to dissuade the mutineers from coming to town, and if they failed in that attempt, to make use of expedients to prevent the troops in the barracks from joining in any excesses, and to induce the detachment from Lancaster to return to that place. That in this view, and at their desire, Major Jackson the assistant secretary at war met the detachment which was on the march from Lancaster to this city to then on its march to the city, and endeavoured to engage them to return to the former place, urging the considerations contained in the annexed instruction to him, but the said detachment persisted in their intention of coming to this city, and arrived here this morning. That upon conferring with the Superintendant of finance, they find there is a probability that the paymaster general, to whom the settlement of the accounts of the army has been committed, and who having all the documents in his possession, can alone execute the
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business with propriety, will shortly arrive from the army, and will immediately enter upon a settlement with the troops in this State; that in the mean time measures will be taken to prepare the business for a final adjustment. That there will immediately be sent to Lancaster, a sum of money to be paid to the troops on account of the month's pay heretofore directed to be advanced to them, the payment of which has hitherto been delayed by particular circumstances, together with notes for three months' pay, intended to be advanced to the men when furloughed. That they have desired this information to be transmitted to the commanding officer here and at Lancaster, communicating to both for the information of the men with this declaration, that the corps stationed at Lancaster, including the detachment, can only be settled with or paid at that place."1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 38, folio 157. It was read, as the indorsement shows, June 20, and on June 30 recommitted "that they may amend it by adding thereto their verbal report made previous to this report," and on July 1, "ordered to be entered on the Journal."]
THE INSTRUCTIONS TO MAJOR JACKSON
Sir: Information having been received, that a detachment of about eighty mutineers are on their way from Lancaster to this place, you will please to proceed to meet them, and to endeavour by every prudent method to engage them to return to the post they have left. You will inform them of the orders that have been given, permitting them to remain in service till their accounts shall have been settled, if they prefer it to being furloughed, and of the allowance of pay which has been made to the army at large, and in which they are to be included. You will represent to them, that their accounts cannot be settled without their officers, whom they have left behind them at Lancaster. You will represent to them with coolness but energy, the impropriety of such irregular proceedings, and the danger they will run by persisting in an improper conduct. You will assure them of the best intentions in Congress to do them justice, and of the absurdity of their expecting to procure it more effectually by intemperate proceedings. You will point out to them the tendency which such proceedings may have to raise the resentments
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of their country, and to indispose it to take effectual measures for their relief. In short, you will urge every consideration in your power to induce them to return, at the same time avoiding whatever may to irritate. If they persist in coming to town, you will give the earliest notice to us of their progress and disposition. Should they want provisions, you will assure them of a supply, if they will remain where they are, which you are to endeavour to persuade them to do, in preference to coming to town.
I am, sir, your most obedient servant,
A. Hamilton, in behalf of the committee.
Philadelphia, June 19, 1783.
Major Jackson, Assistant Secretary at War.1
[Note 1: 1 This letter to Jackson is in the Papers of the Continental Congress, No. 38, folio 161.]
The committee, consisting of Mr. [Alexander] Hamilton and Mr. [Oliver] Ellsworth, appointed on the 21 June; to confer with the supreme executive council of Pensylvania; on the practicability of taking effectual measures to support the public authority, having delivered in a report;
Ordered, That it be entered on the Journal.
The report is as follows:
"The committee appointed to confer with the supreme executive council of Pensylvania; on the practicability of taking effectual measures to support the public authority; in consequence of the disorderly and menacing appearance of a body of armed soldiers surrounding the place where Congress were assembled; on Saturday the 21 instant beg leave to report;
"That they had a conference the morning following with the supreme executive council; agreeably to the intention of Congress, and having communicated their resolution on that subject; informed the council that Congress considered the proceeding on which that resolution was founded of so serious a nature; as to render palliatives improper, and to require that vigorous measures should be taken to put a stop to the further progress of the evil, and to compel sub mission on the part of the offenders. That in this view
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they had thought it expedient to declare to the executive of the State in which they reside, the necessity of taking effectual measures for supporting the public authority. That though they had declined a specification of the measures which they would deem effectual, it was their sense, that a number of the militia should be immediately called out, sufficient to suppress the revolt. That Congress, unwilling to expose the United States to a repetition of the insult, had suspended their ordinary deliberations in this city; till proper steps could be taken to provide against the possibility of it.
"The council, after some conversation, informed the committee, that they would wish, previous to a determination; to ascertain the state and disposition of the militia; and to consult the officers for that purpose.
"The day following the committee waited upon the council for their final resolution; having previously presented a letter addressed to his Excellency the President, of which a copy is annexed, requesting the determination of the council in writing.
"The council declined a written answer; alleging that it had been unusual on similar occasions; that they were unwilling to do any thing which might appear an innovation in the manner of conducting conferences between their body and committees of Congress: adding, however, that they were ready to give their answer in writing, if Congress should desire request it. They then proceeded to a verbal answer, in substance as follows:
"That the council had a high respect for the representative sovereignty of the United States; and were disposed to do every thing in their power to support its dignity. That they regretted the insult which had happened, with this additional motive of sensibility, that they had themselves had a principal share in it. That they had consulted a number of well informed officers of the militia, and found
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that nothing in the present state of things was to be expected from that quarter. That the militia of the city in general, were not only ill provided for service, but disinclined to act upon the present occasion. That the council did not believe any exertions were to be looked for from them, except in case of further outrage and actual violence to person or property. That in such case a respectable body of citizens would arm for the security of their property and of the public peace; but it was to be doubted what measure of outrage would produce this effect; and in particular, it was not to be expected merely from a repetition of the insult which had happened.
"The council observed that they thought it their duty to communicate their expectations with candour, and passed from the subject of the practicability of vigorous measures to the policy of them. They stated that General St. Clair, with the approbation of several members of Congress and of council, had, by a declaration in writing, permitted the mutineers to choose a committee of commissioned officers to represent their grievances to council, and had authorised them to expect that a conference would be allowed for that purpose. That it was said the mutineers began to be convinced of their error and were preparing submissions. That from the steps which had been taken, the business seemed to be in a train of negotiation, and that it merited consideration, how far it would be prudent to terminate the matter in that way rather than employ coercive means.
"The committee remarked, with respect to the scruple about giving an answer in writing, that they could not forbear differing in opinion as to its propriety. That nothing was more common than written communications between the executives of the different states and the civil and military officers acting under the authority of the United States: that for a much stronger reason there was a propriety in this mode of transacting business between the council and a committee
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of the body of Congress. That indeed it would be conformable to the most obvious and customary rules of proceeding, and that the importance of the present occasion made it desirable to give every transaction the greatest precision.
"With respect to the practicability of employing the militia, the committee observed, that this was a point of which the council was alone competent to judge. That the duty of the committee was performed in explicitly signifying the expectations of Congress.
"And with respect to the policy of coertion, the committee remarked, that the measures taken by Congress clearly indicated their opinion, that the excesses of the mutineers had passed the bounds within which a spirit of compromise might consist with the dignity, and even the safety of government. That impunity for what had happened might encourage to more flagrant proceedings, invite others to follow the example and extend the mischief. That the passiveness of conduct observed towards the detachment which had mutinied at Lancaster, and come to the city in defiance of their officers, had, no doubt, led to the subsequent violences. That these considerations had determined Congress to adopt decisive measures. That besides the application to the State in which they reside, for its immediate support, they had not neglected other means of ultimately executing their purpose, but had directed the Commander in Chief to march a detachment of troops towards the city. That whatever moderation it might be prudent to exercise towards the mutineers, when they were once in the power of government, it was necessary, in the first instance, to place them in that situation. That Congress would probably continue to pursue this object unless it should be superseded by unequivocal demonstrations of submission on the part of the mutineers. That they had hitherto given no explicit satisfactory evidence of this disposition, having lately presented the officers they had chosen
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to represent their grievances, with a formal commission in writing, enjoining them, if necessary, to use compulsory means for redress, and menacing them with death, in case of their failing to execute their views.
"Under this state of things, the committee could not forbear suggesting to the council, that it would be expedient for them so to qualify the reception which they should think proper to give to any propositions made by the mutineers as not to create embarrassment, should Congress continue to act on the principle of coercion.
"The committee finding that there was no satisfactory ground to expect prompt and adequate exertions on the part of the executive of this State, for supporting the public authority, were bound by the resolution under which they acted to advise the President to summon Congress to assemble at Princeton or Trenton on Thursday the 26 instant.
"Willing however to protract the departure of Congress as long as they could be justified in doing it, still hoping that further information would produce more decisive measures on the part of the council, and desirous of seeing what complexion the intimated submissions would assume, they ventured to defer advising the removal till the afternoon of the day following that on which the answer of council was given. But having then received no further communications from the council, and having learnt from General St. Clair, that the submissions proposed to be offered by the mutineers, through the officers they had chosen to represent them, were not of a nature sufficiently explicit to be accepted or relied on. That they would be accompanied by new demands, to which it would be improper to listen; that the officers themselves composing the committee had shewn a mysterious reluctance to inform General St. Clair of their proceedings; had refused, in the first instance, to do it, and had afterwards only yielded to a peremptory demand on his part: the committee could no longer think themselves at liberty to delay their advice
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for an adjournment, which they this day accordingly gave; persuaded at the same time, that it was necessary to impress the mutineers with a conviction, that extremities would be used against them before they would be induced to resolve on a final and unreserved submission.
Philadelphia, June 24th, 1783.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 38, folio 165.]
The Letter to his Excellency the President of the Supreme Executive Council of Pensylvania.
Sir, We have the honor to enclose for your Excellency and the council, a copy of the resolutions communicated in our conference yesterday. Having then fully entered into all the explanations which were necessary on the subject, we shall not trouble your Excellency with a recapitulation; but as the object is of a delicate and important nature, we think it our duty to request the determination of the council in writing.
We have the honor to be, with perfect respect,
your Excellency's most obedient servants.
Philadelphia, June 23, 1783.2
[Note 2: 2 A copy of this letter, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 38, folio 171.
On this day, as the indorsement states, was read the petition, dated June 16, 1783, of officers of the army for lands northwest of the Ohio. It was referred to the Grand Committee of May 30, and on September 15 was referred, together with a motion of Mr. [Theodorick] Bland for selling off a tract of land to discharge the public debts, to Mr. [Abraham] Clark, Mr. [Samuel] Holten, Mr. [James] McHenry, Mr. [Benjamin] Hawkins and Mr. [James] Duane, who were discharged October 15, 1783. The petition was transmitted in a letter of June 17, 1783, from General Washington, and is in No. 42, VI, folio 62--71. Washington's letter is in No. 152, XI, folio 321. It is printed in the Writings of Washington (Ford) X, 267. A copy of a letter, dated June 16, from Brigadier General Rufus Putnam, explaining the sentiments and expectations of the petitioners, was also enclosed in Washington's letter, and is in No. 152, XI, folio 325.
Also, the letter of Elias Woodruff, dated Princeton, July 1, offering his house for the use of Congress. It is in No. 78, XXIV, folio 395.
Also, a letter of June 20 from the Superintendent of Finance enclosing correspondence with the State of Maryland relative to the payment of the line of the army. It was referred on this day to Mr. [Oliver] Ellsworth, Mr. [James] Madison and Mr. [John Francis] Mercer, but on July 23 Mr. [Benjamin] Hawkins and Mr. [James] Duane were substituted for Ellsworth and Mercer. It is in No. 137, II, folios 565--577, and a report was delivered July 28.
The following, undated, in the writing of James McHenry is on folio 581:
"Whereas an immediate approbation of the report of the committee to whom was referredwithout hearing of both parties might be viewed as highly disrespectful to the State whose public act it condemns
Resolved, That the consideration of said report be postponed, that the Delegates from Maryland may have an opportunity to transmit the same to the legislature of the State at their next meeting to receive information from the legislature respecting the same subject matter thereof."
On this day, as the indorsement indicates, was read a letter of June 22 from the Superintendent of Finance, coveting an extract of a letter of March 7 from Benjamin Franklin and contract for the repayment of the loan of 6,000,000 livres. It was referred to Mr. [James] Madison, Mr. [James] Wilson, and Mr. [Stephen] Higginson. It is in No. 137, II, folio 587--589. According to Committee Books, No. 186, and No: 191, the committee reported September 15, and the report was acted upon, October 31.
Also, a letter of June 23 from General Washington with letter and papers from Reuben Harvey. It is in No. 152, XI, folio 341. It was referred to Mr. [Jacob] Read, Mr. [William] Ellery, and Mr. [James] McHenry, who delivered a report July 18.
Also, a letter of June 23 from General Washington, enclosing correspondence with the Commissioners for superintending embarkation at New York. It is in No. 152, XI, folio 345, and the enclosures on folios 349--380. It was referred to Mr. [Hugh] Williamson, Mr. [James] Madison, and Mr. [Jacob] Read, who delivered a report July 16.
Also, a letter of June 19 from the Speaker of the House of Assembly of New Jersey enclosing resolutions of the legislature containing offers of inducements to make the permanent residence of Congress in New Jersey. It was ordered that copies be sent to the several states. It is in No. 46, folio 35.]
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