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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 --SATURDAY, NOVEMBER 1, 1783
On the report of a committee, consisting of Mr. [Alexander] Hamilton, Mr. [James] Madison and Mr. [Richard] Peters, to whom was referred a letter of 14 March, 1783, from the Secretary at War:
Resolved, That all lieutenant colonels commandant in the army of the United States, shall rank as full colonels from the date of their respective commissions, and that new commissions issue accordingly, the resolution of the 27 of May, 1778, notwithstanding.2
[Note 2: 2 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 21, folio 371. The indorsement states that it was made by Mr. [James] McHenry, Mr. [Richard] Peters and Mr. [James] Duane.]
On the report of a committee, consisting of Mr. S[amuel] Huntington, Mr. A[rthur] Lee and Mr. [James] Duane, to whom were referred a letter from Captain J.P. Jones, to the agent of Marine, of the 13 of October, and a letter from him to Congress of the 18 of the same month,
Resolved, That Captain John Paul Jones be, and he hereby is recommended to the minister plenipotentiary of the United States, at the Court of Versailles, as agent, to solicit under the direction of the said minister for payment and satisfaction to the officers and crews under his command for all prizes taken in Europe by any squadron or ship under his command, and to which they are anywise entitled. And that the said Captain Jones, shall
be entitled to a commission ofper cent on all the money he shall receive as full compensation for his services and expenses and shall distribute the same among
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[receive the commission usually allowed in such cases,] out of the money which he shall recover as agent for the said prizes, in full compensation for his services and expences:
[and that the said Captain Jones give bonds to the said Superintendent of Finance with sufficient security for the faithful discharge of said trust and for the just distribution of such prize money as he may receive:]
(provided always, that the said Captain J.P. Jones, previous to his entering upon the execution of the said trust, shall give to the Superintendant of finance, for the benefit of all concerned, sufficient bonds with good security, for the faithful discharge thereof, and for the just payment of the same to the said Superintendant of finance, to be by him distributed to those persons who may be entitled thereto.)1
[Note 1: 1 This resolution was entered also in the manuscript Secret Journal, Foreign Affairs and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.
The report, in the writing of James Duane, except the portions in brackets which are in the writing of William Ellery and the portion in parentheses which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, III, folio 305.]
The committee consisting of Mr. [Jacob] Read, Mr. [William] Ellery and Mr. [Arthur] Lee, to whom was referred the motion of Mr. [Jacob] Read relative to the promotion of Mr.Morant to the rank of lieutenant in the Navy of the United States of America
Report, That they have received the most honourable testimony from Captain John Paul Jones of the bravery and good conduct of Mr. Morant during the time he was on board the Bonne Homme Richard and particularly on theday ofin the engagement between that Ship and the British Ship of forty four guns called the Serapis and that he considers Mr. Morant as a very fine character to be promoted in the Navy of the United States.
The committee therefore recommend that the Commission of Lieutenant in the Navy of the United States issue to Mr. Morant.2
[Note 2: 2 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, IV, folio 123. The indorsement states that it was read and entered November 1.]
A letter, of this day, from Major General Greene, was read, stating, that the letters and miscellaneous papers, containing a history of the most material parts of the southern operations,
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may contain some things which Congress or their officers may hereafter have occasion to refer to: That if Congress should think it an object worthy the expence, he would be glad to get the whole papers transcribed into bound books, and would take the trouble of directing the business, if Congress will be at the expence of a clerk to do the writing: Whereupon,
0rdered, That the secretary employ an additional clerk to copy and digest furnish General Greene with a clerk, to copy into a book or books, such the papers or letters in his possession, relative to the southern operations; as shall be furnished him by Major General Greene and that the said clerk conduct the business agreeably to such instructions as may be given by Major General Greene and that the record thereof be lodged in the secretary's office:1
[Note 1: 1 This order is in the Papers of the Continental Congress, No. 19, II, folio 509. Greene's letter is in No. 155, II, folio 668.]
Resolved, That the agent of marine provide Captain J.P. Jones with a passage to France, in the ship Washington.
On a report from the Secretary at War, to whom was referred a petition from Lieutenant Richard Fullerton, and a motion thereon; Congress came to the following resolution:
War Office Nov. 1, 1783.
Sir,
The honorable testimonials in the hands of Mr. Fullerton leave no room to doubt but that his merits claim the attention of his country, and there is nothing, in my opinion, which can raise a doubt in the mind of any respecting the propriety of his being promoted but the precedent which may be given thereby, and the various claims that may be founded thereon, but these may be obviated by a determination to promote hereafter, on application, officers who have similar claims, and who shall produce equal testimonials of their merit.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 149, III, folio 491. Fullerton's petition, with enclosures, is in No. 42, III, folios 81--96. It is undated, but according to the indorsement, it was read November 1, and referred to the Secretary at War.]
Lieutenant Richard Fullerton, having acted as a volunteer at an early period of the war, particularly in the action on
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Long Island, and at the battles of Trenton and Princeton; and having discharged the several extra appointments of adjutant, major of brigade, and the important one of assistant adjutant general to the southern army, highly to the satisfaction of his general officers:
Resolved, That the Secretary at War issue to Lieutenant Fullerton, the brevet commission of captain.1
[Note 1: 1 This motion, in the writing of James McHenry, is in the Papers of the Continental Congress, No, 19, II, folio 359.]
On motion of Mr. [William] Ellery, seconded by Mr. [Hugh] Williamson,
Ordered, That a committee be appointed to the postmaster general enquire into the circumstances of the mail being stolen out of the post office in Princeton, on last Thursday evening, and make report thereof to Congress.2
[Note 2: 2 This motion, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 36, II, folio 275.]
The committee, consisting of Mr. [Daniel] Carroll, Mr. [James] Duane and Mr. S[amuel] Huntington, to whom was referred a motion of Mr. [James] Wilson, to devise means for procuring a full representation in Congress, having reported,
That whether from the peculiar circumstances some of the states have been under during the war, or that the states in general were not sufficiently impressed with the importance of keeping up a constant representation in Congress, the committee cannot find, on examining the Journals, notwithstanding the repeated earnest recommendations for that purpose, that all the states have been represented at the same time: it appears that frequently there have not been more than nine states, and too generally not more than a competent representation for the lesser objects of the Confederation. As the Articles of Confederation are silent on this subject, any further than by fixing the number of delegates for each State, and by declaring how many shall constitute a representation, the committee presume such silence was in consequence of a firm reliance that the states could not be inattentive
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to a duty not only essential to the interests of each State, but likewise to a principle on which the federal government itself rests.
The Articles of Confederation requiring, for certain purposes, the agreement of nine states; and as it has seldom happened more than that number have attended, the committee conceive, that not only the injury the public and individuals have suffered thereby, have been occasioned, in many instances, by the absence of the delegates of some of the states, but likewise that the spirit of the Articles of Confederation have been defeated, by making an unanimity necessary, whereas nine only out of thirteen are required. And the committee are further of opinion, that unless the states pursue effectual measures for keeping up a constant representation, another material object of the Confederation will be frustrated. The delays unavoidable for want of a full representation, will, they conceive, oblige Congress to remain sitting the whole year, whereas by the Articles of the Confederation it appears, that it was expected part of the business of the United States would be transacted by a committee of the states.
The committee therefore are of opinion, that it should be earnestly recommended to the respective states, to take the most effectual measures to maintain, at all times, while Congress are sitting, a full representation, that the delay of business, which has proved so injurious to the public, and grievous to individuals, may no longer be a subject of complaint.
Resolved, That Congress agree to the said report;
And in order that the states may have a proper knowledge of the circumstances Congress shall be under in this respect,
Resolved, That every morning, at eleven o'clock, an account be taken of the attendance of the several delegates in Congress, and a copy thereof, together with an account of the states unrepresented, be sent to the executive of each State.1
[Note 1: 1 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress, No. 23, folio 145.]
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On the report of a committee, consisting of Mr. S[amuel] Huntington, Mr. [James] Duane and Mr. [James] Madison, to whom were referred, among other things, a letter from the Superintendant of finance, of the 15 of September last, and sundry papers therein enclosed,
The Committee consisting of Mr [Samuel] Huntington, Mr [James] Duane and Mr [James] Madison, to whom were referred among other things a letter from the Superintendant of Finance of the 15th of September last with sundry enclosures, having already reported on several of the subjects arising from the said letter and papers, now beg leave to submit their report on what remains for their consideration.
That the Farmers General of France in pursuance of their contract made on the 24r day of March 1777, with Messrs. Franklin and Deane did on the 3rd day of June following advance to the said Messrs. Franklin and Deane for the use of the United States one million of Livres; that this loan constitutes the first article of the national debt as it was estimated and approved of in Congress on the 29th of April 1783, and laid before the respective States with requisitions for satisfying or securing the public creditors.
That among the papers now under the deliberation of your Committee is an account current stated between the Farmers General of France and the said Messrs. Franklin and Deane expressed to be as well in their name as founded on the power of Congress; from which it appears that the original of the said account was subscribed by the said Doctor Franklin as well as by the Farmers General; that the United States are debited in that account with the said one million of livres, and credited by the proceeds of sundry cargoes of tobacco remitted on account of the said contract to the amount of one hundred and fifty three thousand two hundred and twenty nine livres, five sous, and seven deniers: That thus a balance remained due on the said loan to the said Farmers General, on the 17th of November, 1781, to the amount of eight hundred and forty-six thousand seven hundred and seventy livres fourteen sous and five deniers.
That the Farmers General in a letter to Dr Franklin dated the 17th of July, 1783, express their desire that the balance of the said loan may be discharged, declaring that they had not spoken to him on that subject during the war and that they did not ask interest for the loan; but pressing for the remittances of the value of their debt
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the principal in tobacco, on the terms, and in the manner therein mentioned.
That in the opinion of your Committee it will be highly improper for the United States to engage in commercial plans of any kind, or on any account whatsoever. They therefore humbly propose the following resolution:
Resolved, That it be an instruction to the Superintendent of finance, to inform the farmers general of France, that Congress are sensible of their generous attention to the circumstances of the war in which these United States have been so long engaged, and which, interrupting their commerce, deprived them of the means of seasonable remittances, to satisfy the balance so justly due on the loan made by them.
That the United States in Congress assembled, in providing for the national debt, by their act of the 18 day of April, 1783, were not unmindful of the demands of the said farmers general; and when the system thereby adopted for the relief of the public creditors shall have taken effect, the interest accruing on the balance due to the said farmers general will be punctually remitted. And that if this arrangement shall not prove satisfactory to the farmers general, they shall be assured in the name of the United States, that all the means in their power shall be employed to discharge the principal sum due to the said farmers general, as soon as the condition of the public finances will admit.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 26, folio 461.
The resolution was also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.]
On the report of a committee, consisting of Mr. [Benjamin] Hawkins, Mr. [Arthur] Lee and Mr. [James] Duane, to whom was referred a memorial of Lieutenant William Stewart,
That the Memorialist, acting as appears in the line of his duty, in suppressing a pernicious trade and intercourse carried on with the enemies of the United States has been brought into embarrassments from which he can only be extricated by the Courts of Justice. That the relief he prays for, is reasonable, and should be so far complied
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with as the situation of our funds will admit, and thereupon submit the following resolution:
Resolved, That the superintendant of finance take order for paying Lieutenant William Stewart, one two months pay on account.1
[Note 1: 1 This report, in the writing of Benjamin Hawkins, is in the Papers of the Continental Congress, No. 19, V, folio 419.]
On motion of Mr. [Samuel] Holten, seconded by Mr. [Hugh] Williamson,
Resolved, That the several matters now before Congress, be referred over and recommended to the attention of the United States in Congress assembled, to meet at this place on Monday next.2
[Note 2: 2 This motion, in the writing of Samuel Holten, is in the Papers of the Continental Congress, No. 36, II, folio 273.]
The committee of the week [Mr. Benjamin Huntington, Mr. John Montgomery and Mr. David Howell] report that the petition of Richard Frothingham Field Commissary of Military Stores and the officers serving under him, be read in Congress.3
[Note 3: 3 This report, in the writing of Benjamin Huntington, is in the Papers of the Continental Congress, No. 42, III, folio 79. Frothingham's petition, dated October 28, is on the same folio. The indorsement shows that it was received November 1, and referred December 18 to Mr. [Hugh] Williamson, Mr. [James] Tilton and Mr. [James] Monroe.
On this day, according to the indorsement, was read the memorial of John Ettween, Andrew Hübner and Hans Christian de Schweiniz, dated Philadelphia, October 28, 1783. It was referred to Mr. [Hugh] Williamson, Mr. [Arthur] Lee, and Mr. [Samuel] Osgood. It is in No. 41, III, folio 73.
Also, a letter, dated London, April 30, from Elkh Watson, Jr., reIative to emigration. It is in No 78, XXIV, folio 363.
Also, according to the indorsement, a letter of November 1 from the Secretary at War, respecting horses carried off by dragoons who deserted from South Carolina, was referred to Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [Arthur] Lee. It is in No. 27, folio 261.
Also, a letter, of November 1, from the Secretary at Wax, respecting the claims of Lieutenant Jollibois, was read on this day and referred to Mr. [Arthur] Lee, Mr. [James] McHenry and Mr. [William] Ellery. It is in No. 149, III, folio 495. According to the indorsement, and the record in Committee Books No. 186 and No. 191, the committee delivered a report November 3, 1783, which was passed April 15, 1784.
Also, a letter of September I from the Governor of NOrth Carolina stating that the legislature has made provision for pay due the Continental Line. It is in No. 72, folio 163.
Also, a letter of October 28 from Lewis Garanger relative to his condition. It is in No. 78, X, folio 455.]
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