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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 --MONDAY, MAY 3, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of New Jersey, Mr. [Samuel] Dick.
On motion of Mr. [Thomas] Jefferson, seconded by Mr. [Richard Dobbs] Spaight,
Ordered, That all letters from the ministers of these United States in Europe, be considered, at all times, as under an injunction of secrecy, except as to such parts of them as Congress shall, by special permission, allow to be published or communicated.2
[Note 2: 2 This motion, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 36, II, folio 371. The vote is indorsed on the motion.]
On the question to agree to this order, the yeas and nays being required by Mr. [Richard Dobbs] Spaight,
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So it was resolved in the affirmative.
On motion of the delegates of the State of South Carolina, in pursuance of instructions from their State,
Resolved, That the minister of the said United States, at the Court of Madrid, be, and he is hereby instructed to use his best endeavours, by a proper application in behalf of the State of South Carolina, to his Catholic Majesty, to obtain an adequate compensation to that State, for the service performed by the South Carolina frigate, in cooperating with the Spanish general and forces, in the expedition against, and reduction of Providence and the Bahama islands, in the year one thousand seven hundred and eighty-two; and that the said minister be further directed, to place such money as he shall obtain from the King of Spain, in proper hands, subject to the draft of the governor and commander in chief of the said State, for the use thereof, and to give to his said excellency the earliest intelligence of the success of his application.1
[Note 1: 1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 373.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Thomas] Jefferson and Mr. [Hugh] Williamson, to whom was referred a letter of 16 April last, from the Superintendant of finance, enclosing a letter of 26 December, and one of the 10th. of January, from the Marquis de la Fayette, with sundry papers enclosed.
Resolved, That a letter be written by the President to the Marquis de la Fayette, expressing the high sense which
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Congress entertain of his important services, relative to the commerce of France and these United States, and particularly to free ports; that there is every reason to expect mutual and permanent advantages from these liberal measures adopted by his Most Christian Majesty, and that an extension thereof to his West India colonies will, in the opinion of Congress, increase those advantages and produce the most salutary effects.
Resolved, That a copy of a letter of the 29 of June last, from the Count de Vergennes, and one of the 9 of January last, from Mons. de Calonne, to the Marquis de la Fayette, respecting free ports in France, be entered on the Journal, and, when published, transmitted to the supreme executives of the several states.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, IV, folio 427. The letter of the Superintendent of Finance is in No. 137, III, folio 523.]
The letters being translated are as follows:
Versailles, 29 June, 1783.
Sir,--I have received the letter which you did me the honour to write on the 17 of this month. You desire to know what is meant by free port.
By this term, Sir, we mean a place to which merchandizes as well foreign as domestic may be imported, and from which they may be freely exported. You will judge, Sir, by this definition, that all the merchandizes of the north, without exception, may be imported into L'Orient, and exported from it by the Americans. In a word, L'Orient will be reputed foreign with regard to France, as far as respects commerce. The prohibitions and duties upon foreign merchandizes will take effect only in case any person desires to introduce into the interior parts of the realm, the merchandizes subjected to the one or the other.
I have the honour, &c.
De Vergennes.
Mons. the Marquis de la Fayette.
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Versailles, 9 January, 1784.
Sir,--I have communicated to the King the observations contained in the memoir which you transmitted to me, relative to the commerce of America, and those which you made at our last conference.
I am authorised to announce to you, that it is the intention of his Majesty to grant to the United States the ports of L'Orient and Bayonne as free ports, and besides these that of Dunkirk and that of Marseilles; the first of which enjoys absolute freedom, and the other is restrained in the exercise of that freedom only with regard to tobacco, which is there subjected to a duty. The Americans may from this moment send their vessels to those four ports, where they will not meet with any kind of difficulty. You may, if necessary, explain what is meant by Free ports, agreeably to the signification thereof given by Molls. de Vergennes, in his letter of the 29 of June last. The Americans will find, above all, at Dunkirk, all the facilities they can desire for the sale of their leaf tobacco, their rice, their timber and other merchandize, as well for the purchase of what they want, such as linens, woolens, brandy, &c. It is proposed to establish stores and magazines there, which shall be well supplied on terms very advantageous for their commerce. I have given orders to the Farmers general to treat in preference, and at a reasonable price for the purchase of the tobaccoes of North America, and moreover the United States, will be as much favoured in France in matters of commerce, as any other nation. The complaints which they may make to you, or which Mr. Franklin, and the other American ministers, which I would be very glad to see, may transmit to me on their behalf, shall be examined with great attention, and government will not suffer them to experience any kind of vexations. Every possible precaution will also be taken to prevent the sending out bad merchandize, which if it has hitherto taken place, can only be attributed to the avarice of some merchants of the lowest order. I am going immediately to examine what relates to the customs and duties which hurt commerce. This is an important subject and requires great attention. In fine, Sir, you may rely, that I shall be always disposed, as well as Mons. the Marshal de Castries, and Mons. the Count de Vergennes, to receive and listen with attention to the
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demands and further representations which you shall think proper to make in favour of the commerce of America.
I have the honor to be, &c.
De Calonne.
P.S. The ports of Bayonne and L'Orient will be made similar to that of Dunkirk, with regard to entire freedom.
Mons. the Marquis de la Fayette.1
[Note 1: 1 The proceedings, to this point, were entered also in the Secret Journal, Foreign Affairs.]
On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [David] Howell and Mr. [Charles] De Witt, to whom was referred a memorial of the Rev. Mr. Israel Evans;
The Committee consisting of Mr. [Edward] Hand, Mr. [David] Howell and Mr. [Charles] De Witt, to whom was referred a letter from the Revd. Mr. Israel Evans late Chaplain to the New Hampshire Brigade setting forth that he has not been settled with for the depreciation of his pay up to the 1st. day of August 1780 and praying that the same may be adjusted, beg leave to observe that it has been the uniform practice of Congress to refer officers, as well of the line as of the staff who have served in the line of any state, to the legislatures of the States in whose lines they have respectively served, for an adjustment of their depreciation, your Committee therefore submit the following Resolution.
Resolved, That it be, and it hereby is recommended to the legislature of the State of New Hampshire, to make good to the Rev. Mr. Israel Evans, late chaplain to the brigade composed of the troops of that State, the depreciation of his pay up to the first day of August, 1780, in the same manner they have made good the depreciation of pay to the officers and soldiers of their line.2
[Note 2: 2 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, II, folio 231.]
On the report of the same committee, to whom was referred a memorial of Nicholas Schuyler, late a surgeon in Hazen's regiment;
The Committee consisting of Mr [Edward] Hand, Mr [David] Howell and Mr [Charles] De Witt, to whom was referred a memorial
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of Nicholas Schuyler late Surgeon in Hazens regt. find that Doctor Schuyler, a native and inhabitant of the State of New York, has served first as a mate and afterwards as a Junior Surgeon in the General Hospital from the 1st. day of Jany, 1777, to the 1st. day of June, 1778, when he was appointed Surgeon in the regiment then commanded by Col. Moses Hazen, in which capacity he continued to the end of the late War.
Your Committee are of opinion that Doctor Schuyler's having been promoted from a Junior Hospital Surgeon to be a regimental Surgeon and his having continued to serve the U. States in that capacity, to the end of the late War, give him a just claim to the benefit extended to the Officers of the Genl Hospital by the Act of Congress of the 20th Feby 1782, although his promotion took place previous to the 10th April, 1780. They therefore submit the following Resolution:
Resolved, That it be, and it hereby is recommended to the legislature of the State of New York, to make good to Dr. Nicholas Schuyler, late surgeon of Hazen's regiment, on account of the United States depreciation of his pay as an officer in the late general hospital, during the time he served in that capacity.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, V, folio 315.]
On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [Ephraim] Paine and Mr. [Arthur] Lee, to whom was referred a motion of Mr. [Ephraim] Paine;
Report that from the instructions of the Legislature of the State of New York to their Delegates in Congress it appears, that on the late invasion of the City of New York by the British forces, the bells were taken from the Churches, and other public edifices in that City and removed to New Jersey to prevent their falling into the hands of the enemy--
That from New Jersey the same bells were carried to the foundery erected by the U. S. at Carlisle in the State of Pensylvania, where it is said they still remain. On which your Committee submit the following resolve.
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Resolved, That the commissary of military stores, or person having the care of the public stores at Carlisle, in Pensylvania, be, and he is hereby directed to deliver to the order of the corporation of the city of New York, the bells which have been taken from the churches and other public edifices in the said city, if any such bells remain in his possession.1
[Note 1: 1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 20, I, folio 395.]
The Committee consisting of Mr. [Jacob] Read Mr. [Richard Dobbs] Spaight and Mr. [James] Tilton, to whom was referred the report of a Committee of the 11th Feby, 1784, together with the Letter of the 16th January 1784, from the Superintendant of Finance, covering a letter of the 10th of December, 1783, from My David Sprout, Report,
That to lessen as much as possible the calamities of war to which the citizens of these United States in common with other nations are subject, and to procure for such Citizens, as may in case of future wars become Prisoners, every indulgence and assistance which from the Nature of their Situation can be extended to them, it is the duty of the United States in Congress assembled to take the most Effectual measures to insure the repayment of all such sums as may have been or hereafter may be really and bona fide advanced (except free and absolute donations) for the Cloathing and comfortable support and subsistance of such Persons as by the chance of war have been, or may hereafter become Prisoners in the hands of the British any Prince, Power, or State, whether such advances have been or may be made by Public authority, or by private persons, on the faith of the United States, or of any individual State, or whether voluntary or at the solicitation any officer of the United States, or any of them.
Your Committee therefore recommend the following Resolutions:
Resolved, That it be earnestly recommended to the several States as a point highly Essential to national Character and to the future safety and welfare of such of their Citizens as may become Prisoners by the chance of war to make speedy Payment of all such sums as may have been advanced for support of any of their respective Citizens on the faith of the Particular State and in Expectation of
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a reimbursement from such State by any person or persons, whether such faith had been actually pledged by public authority or not.
Resolved, That the United States in Congress assembled will provide for the repayment of all such sums as have been advanced by any individual (and not intended as a free donation) for the Cloathing or support of any Citizens belonging to or of any marine Mariner or Soldier that has been made prisoner during the late war, cruising or sailing in Ships of war or merchant Ships under the Flag of these United States, or of any of them.
Resolved, That the Superintendant of the Finances of the United States take order for having the accounts of Mr David Sprout for advances made by him to Naval Prisoners audited, and when a charge appears to be proper only to be paid by an Individual State, that such accounts be transmitted to such State with the foregoing resolution and earnest recommendation of Congress that such State do satisfy and discharge the same.
Resolved, That where it is impossible to discriminate between the prisoners or to separate the charges, the said Superintendant of the Finances of the U. S. do issue to Mr David Sprout a certificate of the sums due for supplies of Cloathing, bedding and such other necessaries as he may have furnished, and the situation and circumstances of the Naval Prisoners that were in his Charge Warranted, which Certificate shall bear an Interest of six per Centum per annum, and shall be paid in like manner as other sums due from these United States for carrying on the war may or shall be paid.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, V, folio 383. The indorsement states that it was read on this day. See ante, February 6. The letter of the Superintendent of Finance is in No. 137, III, folio 427.]
[Motion of Delegates of Rhode Island]
On the application of Mr. John Brown Merchant of Providence in the State of Rhode Island and Providence Plantations setting forth that a certain ship called the Warren, whereof he is owner and Pardon Sheldon of the same place is Captain is now in Virginia taking in bound up the Mediterranean on a Merchant's voyage and praying for Sea Letters to be granted him,
Resolved, That Sea Letters be granted for said Captain Pardon Sheldon, in the form following:
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Most serene, serene, most puissant, puissant, high-illustrious, noble, honorable, venerable, wise and prudent, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Councellors, as also Judges Officers, Justiciaries and Regents of all the good cities and places, whether ecclesiastical or secular, who shall see these patents or hear them read,
We the U. S. in Congress Assembled, make known that Pardon Sheldon, Captain of the Ship called the Warren is a Citizen of the U. S. of America and that the Ship which he commands belongs to citizens of the said U. S. and as we wish to see the said Pardon Sheldon prosper in his lawful affairs; our prayer is to all the before mentioned and to each of them separately, where the said Pardon Sheldon shall arrive with his vessel and cargo, that they may please to receive him with goodness and treat him in a becoming manner, permitting him upon the usual tolls and expences in passing and repassing, to pass, navigate and frequent the ports, passes and territories to the end to transact his business, where and in what manner he shall judge proper, whereof we shall be willingly indebted.
In testimony whereof &c. &c.&c.1
[Note 1: 1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 32, folio 125. It was referred on this day, the indorsement states, to Mr. [Elbridge] Gerry, Mr. [Thomas] Jefferson and Mr. [Thomas] Stone, with the motion of Elbridge Gerry.]
[Mr. Elbridge Gerry's Motion.]
That each Person recg. a passport shall payto theSecretary for Expences thereof and shall give Bond in the Penalty ofwith one surety to return such passport into the Secretary's Office within 18 months from the Time of recg. the same unless it shall appear by sufficient Evidence to have been unavoidably lost.
That the form of the passport be as follows vizt (here the form) to the Emperor of Morocco and the other Barbary Powers aforesaid with the request of Congress that he will direct his subjects not to molest any vessels so furnished with passports aforesaid. during the Time mentioned in ye first resolve
That a copy of these resolves be sent to our Ministers Plenipos in Europe with some of the Passports to be transmitted if they shall judge it expedt.
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That until Treaties of Amity and Friendship shall be negociated with the Emperor of Morocco and the other Barbary powers, and in consequence thereof regulations shall be adopted for Med. passes for vessels owned by the Citizens of these United States; that the Master of any such vessel may be furnished with an Instrument in the following form to be signed by the President, countersigned by the Secretary of Congress and sealed with the seal of the United States, numbered progressively and indented (be made out in the following form vizt; that a sufficient number of such instruments be transmitted to the several States.)1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, except the part in parentheses which is in the writing of Thomas Stone, is in the Papers of the Continental Congress, No. 32, folio 123.
Committee Book, No. 186, states that it was made on this day, and referred, with the motion of the delegates of Rhode Island, to Mr. [Elbridge] Gerry, Mr. [Thomas] Jefferson, and Mr. [Thomas] Stone, who mad a report May 15.]
The agent of Marine to whom was referred the petition of the officers and mariners of the armed schooner Franklin begs leave to Report,
That the papers marked No. 1 & No 2. hereunto annexed contain copies of letters written by the honorable marine Committee on the twenty first day of March 1777.
That the annexed paper No 3 contains a copy of the account of Jonathan Glover mentioned in the said petition as the same was adjusted by Messrs. Smith & Stover.
That from the paper No 3 it appears that the net proceeds of the Ship Hope & Cargo was £54075.17.2 of which one sixth part is £9012.12.10--Wherefore if the twenty one persons on beard the Said schooner Franklin were (as they might have been) entitled to thirty seven shares each share would be £243.11.8 &
That the said Petitioners acknowledge to have received £243. for each single share which was probably the amount thereof.
Marine office 23rd April 17842
[Note 2: 2 This report is in the Papers of the Continental Congress, No 137 III, folio 541. The indorsement states that it was read this day.
On this day, as the indorsement states, was read a letter of March 21, from William Duet, and the inclosure a memorial of Henry Duihire, a deputy of the Menonites. The letter is in the Papers of the Continental Congress, No, 78, VIII, folio 65, and the memorial on folio 69.
Also, a letter of 28 April from Cyrus Griffin, Judge of the Court of Appeals in oases of capture, asking for certain papers. It was "Ordered, That the papers mentioned be delivered agreeable to the within request, the person giving a receipt for the same." The letter is in No. 78, X, folio 467.
On this or an approximate date was read a letter of April 30, from David Howell inclosing one to him from Richard Dobbs Spaight. It is in No. 78, XII, folio 307.
This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 36, II, folio 377.
On this day, as the indorsement states, was read a letter of Joseph Carleton, dated April 26, 1784. It is in No. 60, folio 57.]
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