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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, AUGUST 21, 17832
[Note 2: 2 The proceedings for this day were also entered in the manuscript Secret Journal, Foreign Affairs.]
On motion of Mr. [Arthur] Lee, seconded by Mr. [Theodorick] Bland:
Whereas it is stipulated in the 7th article of the preliminaries, agreed upon the 30th day of November, 1782, between the plenipotentiaries of his Britannic Majesty and of the United States, "that the king of Great Britain shall order, and cause all archives, records, deeds and papers belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored, and delivered to the proper states and persons to whom they belong,"
And the delegates of the State of Virginia having in behalf of that State and of the citizens thereof requested Congress to require the fulfillment of this stipulation, therefore
Resolved, That his Britannic Majesty's Commanders in Chief at New York and at Quebec be requested to order the immediate delivery
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to persons authorized to receive them, of all archives, records, deeds and papers belonging the State of Virginia or to any of its citizens any of the United States or to any of their Citizens which may have fallen into the hands of any of his Britannic Majesty's Officers during the course of the war.1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of Continental Congress, No. 36, II, folio 249. An indorsement, in Thomson's writing, indicates that the amendment in the resolution, as adopted, was on motion of James Duane, seconded by Samuel Holten.]
Resolved, That the Commander in Chief be directed to make application to his Britannic Majesty's generals, commanding at New York and Quebec, for the immediate delivery, to persons authorised to receive them, of all archives, records, deeds and papers belonging to any of the United States, or to any of their citizens, which may have fallen into the hands of any of his Britannic Majesty's officers during the course of the war.
Ordered, That copies of the foregoing resolution be sent to the several states.
[Motion of Mr. Elbridge Gerry. Referred to Mr. Elbridge Gerry Mr. Arthur Lee, Mr. Daniel Carroll.]
That a committee be appointed to prepare an it be an instruction to the Ministers of the United States who negotiated the peace for obtaining an explanation of the provisional treaty relative to the legality or illegality of Captures made to the northward of the Canary Islands, after the 3rd of March last.2
[Note 2: 2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 25, II, folio 253. According to the indorsement, it was offered on this day. The following resolution, in the writing of Arthur Lee, is on folio 254.
"Resolved, That the Minister or Ministers for negotiating peace in behalf of the U. S. be and they are hereby instructed to negotiate an expIanation ofthe article of the preliminaries so as to stipulate that all captures made on either side after the 3rd of March north of the latitude of the Canary Islands in every part of the Atlantic, were meant by the said article to be deemed illegal, and shall therefore be restored ou each side, or the value paid to their respective proprietors."
The following motion, in the writing of Ralph Izard, undated, apparently belongs to this period. It is in No. 36, II, folio 253.
"That the Ministers of the U. S. who negotiated Peace be instructed to demand a restoration of all vessels belonging to the Citizens of the U. S. that have been captured to the Northward of the meet Southern Port of the Canary Islands alter the according to the agreement entered into by"]
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[Motion of Mr. Stephen Higginson, seconded by Mr. Samuel Holten, August 21, 1783. Consideration postponed.]
That the Secretary at war be directed to report what order has been taken in consequence of the resolution ofdirecting the return of such part of the troops, under the command of Major General Howe, as may be no longer necessary to be retained in Philadelphia, and that General Howe be directed to give all possible despatch to the business in which he is engaged in order that the troops under his command may all of them be returned to West Point.1
[Note 1: 1 This motion, in the writing of Stephen Higginson, is in the Papers of the Continental Congress, No. 36, II, folio 219.
On this or an approximate date was presented a petition of Obadiah Howland, and fifteen others, dated Fredricksburg, N. Y., August 14, members of Captain Anthony Post's company of artillery artificers, asking for a settlement of their accounts. It is in 1%. 42, I, folio 56. See post September 3 and October 17.
On this day, as stated in the indorsement on his letter of August 20 requesting it, leave of absence was granted to George Bond. The letter is in No. 78, IV, folio 403.
On this day, as the indorsement states, was read a letter of August 18 from Simon Metcalfe, asking for relief. It is in No. 78, XVI, folio 369.
On August 22, as the indorsement indicates, was read a letter of August 14 from General Washington. It is in No. 152, XI, folio 431. It is printed in the Writings of Washington (Ford) X, 297.
On this day, as the indorsement states, was read a letter of August 20 from Major General Robert Howe. It is in No. 38, folio 109.]
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