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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, OCTOBER 29, 1783

Journals of the Continental Congress, 1774-1789
WEDNESDAY, OCTOBER 29, 1783

On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Arthur] Lee and Mr. [Abraham] Clark, to whom was referred a memorial from General Armand:

Resolved, That though Congress are desirous to accommodate all the officers and soldiers who are entitled to land, in such a manner as may be most convenient and acceptable to the army, they cannot at present make any appropriations, much less can they assign certain districts to any particular corps.

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That the Secretary at War Commander in Chief be, and he is hereby directed to discharge all the troops in the service of the United States, who are now in Pensylvania or to the southward thereof, except the garrison of Fort Pitt.¹

[Note 1: 1 The first paragraph of this resolution is in the Papers of the Continental Congress, No. 19, I, folio 93; the second in No. 36. II. folio 259. Both are in the writing of Hugh Williamson. Armand's memorial, dated October 2, is in No. 164, folio 477.]

A letter, of 26, from the hon. P. J. Van Berckel, was read; Whereupon,

Resolved, That the audience to be given to the said minister, be postponed till Friday next.²

[Note 2: 2 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs. A translation of Van Berckel's letter, asking for a postponement of his audience, is printed in the Diplomatic Correspondence of the American Revolution (Wharton), VI, 716.]

On the report of a committee, consisting of Mr. [James] Duane, Mr. [Arthur] Lee and Mr. [Samuel] Huntington, to whom was referred a letter from Major-General Lincoln:

Resolved, That the resignation of Major-General Lincoln as Secretary at War for the United States, be accepted, in consideration of the earnest desire which he expresses, (the objects of the war being so happily accomplished) to retire to private life. And that he be informed, that the United States in Congress assembled, entertain a high sense of his perseverance, fortitude, activity and meritorious services in the field, as well as of his diligence, fidelity and capacity in the execution of the office of Secretary at War, which important trusts he has discharged to their entire approbation.

Resolved, That notwithstanding the foregoing acceptance, it is the intention of Congress, that General Lincoln shall continue to exercise the duties of Secretary at War, until the 12 day of November next.³

[Note 3: 3 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 19, III, folio 573.
From this point to the end of the day the proceedings were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6. Vol. III.]

The committee, consisting of Mr. S[amuel] Huntington, Mr. A[rthur] Lee and Mr. [James] Duane, to whom

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were referred sundry resolutions passed on the 29 of September and 1 October, instant, reported a draft of instructions, which was agreed to as follows:

By the United States in Congress assembled.

To the ministers plenipotentiary of the United States of America at the Court of Versailles empowered to negotiate a peace, or to any one or more of them:

• First. You are instructed and authorised to announce to his Imperial Majesty the Emperor of Germany, or to his ministers, the high sense which the United States in Congress assembled entertain of his exalted character and eminent virtues, and their earnest desire to cultivate his friendship, and to enter into a treaty of amity and commerce for the mutual advantage of the subjects of his Imperial Majesty, and the citizens of these United States.
• Secondly. You are instructed to meet the advances and encourage the disposition of the other respectable commercial powers in Europe for entering into treaties of amity and commerce with these United States. In negotiations on this subject, you will lay it down as a principle in no case to be deviated from, that they shall respectively have for their basis the mutual advantage of the contracting parties, on terms of the most perfect equality and reciprocity, and not to be repugnant to any of the treaties already entered into by the United States with France and other foreign powers. That such treaties shall, in the first instance, be proposed for a term not exceeding fifteen years, and shall not be finally conclusive until they shall respectively have been transmitted to the United States in Congress assembled, for their examination and final direction; and that, with the drafts or propositions for such treaties, shall be transmitted all the information which shall come within the knowledge of the said ministers respecting the same; and their observations, after the

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  most mature inquiry, on the probable advantages or disadvantages and effects of such treaties respectively.

• Thirdly. You are instructed to put a stop to all Recommitted. loans for money which are negotiating or authorized on behalf of the United States in any part of Europe.
• Thirdly. You are instructed to continue to press upon the ministers of his Danish Majesty the justice of causing satisfaction to be made for the value of the ships and goods captured by the Alliance frigate and sent into Bergen, and how essentially it concerns the honour of the United States that their gallant citizens should not be deprived of any part of those prizes, which they had so justly acquired by their valour. That as far as Congress have been informed, the estimate of those prizes at fifty thousand pounds sterling is not immoderate; that no more however is desired than their true value, after every deduction which shall be thought equitable. That Congress have a sincere disposition to cultivate the friendship of his Danish Majesty, and to promote a commercial intercourse between his subjects and the citizens of the United States, on terms which shall promise mutual advantage to both nations. That it is therefore the wish of Congress, that this claim should still be referred to the equitable disposition of his Danish Majesty, in full confidence that the reasonable expectations of the parties interested will be fully answered; accordingly you are fully authorised and directed, after exerting your best endeavours to enforce the said claim to the extent it shall appear to you to be well founded, to make abatements if necessary, and ultimately to accept such compensation as his Danish Majesty can be prevailed on to grant.
• Fourthly. You are further instructed, to inquire and report to Congress the reasons why the expedition of the Alliance and Bon Homme Richard, and the squadron which accompanied them, was carried on at the expence

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  and on account of the Court of France: whether any part of the profit arising therefrom accrued to the United States; or any of the expence thereof hath been placed to their account: whether the proceeds of any of the prizes taken in that expedition, and which is due to the American officers and seamen employed therein, is deposited in Europe; and what amount; where; and in whose hands.

• Fifthly. The acquisition of support to the independence of the United States having been the primary object of the instructions to our ministers respecting the convention of the neutral maritime powers for maintaining the freedom of commerce, you will observe that the necessity of such support is superseded by the treaties lately entered into for restoring peace. And although Congress approve of the principles of that convention, as it was founded on the liberal basis of the maintenance of the rights of neutral nations, and of the privileges of commerce, yet they are unwilling, at this juncture, to become a party to a confederacy which may hereafter too far complicate the interests of the United States with the politicks of Europe; and therefore, if such a progress is not already made in this business as may render it dishonourable to recede, it is the desire of Congress and their instruction to each of the ministers of the United States at the respective courts in Europe, that no farther measures be taken at present towards the admission of the United States into that confederacy.
• Sixthly. The ministers of these United States for negotiating a peace with Great Britain are hereby instructed, authorised and directed, to urge forward the definitive treaty to a speedy conclusion; and unless there shall be an immediate prospect of obtaining articles or explanations beneficial to the United States, in addition to the provisional articles, that they shall agree to

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  adopt the provisional articles as the substance of a definitive treaty of peace.

• Seventhly. The minister or ministers of these United States for negotiating a peace are hereby instructed, to negotiate an explanation of the following paragraph of the declaration acceded to by them on the 20 of January, 1783, relative to captures, viz. "that the term should be one month from the channel and North Sea as far as the Canary Islands, inclusively, whether in the Ocean or the Mediterranean."
• Eighthly. Mr. Jay is hereby authorised to direct Mr. Carmichael to repair to Paris, should Mr. Jay be of opinion that the interest of the United States at the Court of Madrid may not be injured by Mr. Carmichael's absence; and that Mr. Carmichael carry with him the books and vouchers necessary to make a final and complete settlement of the accounts of publick moneys which have passed through the hands of Mr. Jay and himself; and that Mr. Barclay attend Mr. Jay and Mr. Carmichael to adjust those accounts.
• Ninthly. Mr. Jay has leave to go to Bath, should he find it necessary for the benefit of his health.¹

  [Note 1: 1 This report, except the seventh instruction, which is missing, is in the Papers of the Continental Congress, No. 25, II, folios 309--313. It is in the writing of James Duane.]

Ordered, That the fifth instruction be also directed to Mr. Dana, and that with it be sent him a copy of the other instructions for his information.

On the report of a committee, consisting of Mr. S[amuel] Huntington, Mr. [Arthur] Lee, and Mr. [James] Duane, to whom was referred a letter from the Burgomasters and Senate of the imperial free city Hamburg,

Resolved, That the President, in terms expressive of the most sincere regard, and attachment communicate to the Burgomasters and Senate of the imperial free city Hamburg the high satisfaction with which the United States in Congress assembled are impressed by the annunciation

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of their friendship and attachment, and their affectionate congratulations on the establishment of the liberty and independence of the United States of America. That having founded the commercial system of these states on the basis of liberality perfect equality and reciprocity, Congress will most cheerfully meet the wishes of the Burgomasters and Senate of Hamburg, and unite with them in promoting encouraging the most friendly intercourse between the citizens of the respective countries on such liberal principles as will secure best promote their mutual advantage and prosperity; and that it is the earnest prayer of the United States in Congress assembled, that the imperial free city Hamburg may continue to increase in commerce and splendour, and be blessed with uninterrupted tranquillity.

Resolved, That a committee be appointed to confer with Mr. John Abraham de Boor, charged by the said Burgomasters and Senate with their said letter to Congress, in order to confer with him on the subject matter thereof; and that a copy of these resolutions be transmitted to Mr. de Boor.¹

[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 25, II, folio 307.]

The committee--Mr. [Daniel] Carroll, Mr. [Elbridge] Gerry and Mr. [Hugh] Williamson.

The committee consisting of Mr. [William] Ellery, Mr. [James] McHenry and Mr. [Richard] Peters to whom was committed a letter from Mr. John Adam, late deputy commissary of prisoners, dated October 22, 1783, report their opinion,

That the said letter be referred to the Superintendant of Finance to report what allowance, if any, ought to be made the said John Adam on account of the expences said to be incurred by him in the execution of his late office of Deputy Commissary of Prisoners.²

[Note 2: 2 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, I, folio 45. The indorsement says it was passed on this day.]

The Committee [Mr. Samuel Osgood, Mr. Hugh Williamson and Mr. William Ellery] to whom was referred the letter of Gustavus Risberg, James Gamble and John Kean of the 23d. of October, 1783,

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Issuing Commissaries, setting forth the embarrassment they meet with in settling their accounts. That the Commissioner for that purpose finds himself obliged by the resolutions of Congress to settle the accounts of the Purchasing Commissaries previous to his taking up those of the Issuing, so that the debit against the Issuing Commissaries may be properly made out. That it will occasion the delay of a great number of years before they can possibly have their accounts closed.

That they are ready to settle their accounts, but if this cannot now be done, they request that they may receive the certificates of the pay due to them; and agree that the bonds which they have given agreeable to the resolutions of Congress, shall lay against them till such time as their accounts shall be fully and fairly settled. Your Committee report that the letter and papers accompanying the same be referred to the Superintendant of Finance to Report.

The Committee also report that the letter of Charles Stewart late Commissary General of Issues be referred to the Supt. of Finance to Report.¹

[Note 1: 1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 19, V, folio 415. According to the indorsement, it was passed this day, to refer to the Superintendent of Finance to report.]

The committee of the week [Mr. Benjamin Huntington, Mr. John Montgomery and Mr. David Howell] report that the letter signed Joseph Nourse be read in Congress.²

[Note 2: 2 This report, in the writing of Benjamin Huntington, is in the Papers of the Continental Congress, No. 41, VII, folio 105. It is written at the end of Nourse's memorial, which begins on folio 103, the indorsement of which states that it was referred on this day to Mr. [James] Duane, Mr. S[amuel] Huntington, Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry and Mr. [Abraham] Clark. Committee Book No. 186 says that it was renewed December 18, the new committee consisting of Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry, Mr. [James] Tilton, Mr. [Thomas] Jefferson and Mr. [James] McHenry. The indorsement on the memorial says that it was "answered by act 23d March, 1787."
On this date, as the indorsement indicates, was read a letter from the Superintendent of Finance enclosing a copy of the address which Mr. Van Berckel proposes making to Congress at his public audience. It is in No. 137, III, folio 235.
Also, a letter, of October 11, from General Schuyler, was read. It is in No. 153, III, folio 621.
Also, a letters of October 27, from Charles Stewart. It is in No. 137, III, folio 271, and, according to the indorsement, and to the record in Committee Books 186 and 191, it was on this day referred to the Superintendent of Finance to report. His report, dated November 6, was entered and read December 22, and, on January 6, 1784, referred, with Stewart's letter and other papers, to Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [Samuel] Osgood. On April 7, Mr. [Roger] Sherman was appointed, in place of Osgood, and the committee rendered a report April 13, which was considered April 15.]

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