| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, MARCH 18, 1784.
Mr. [Jacob] Read and Mr. [Richard] Beresford, delegates for the State of South Carolina, produced a resolution of the legislature of that State, of 11 and 13 February, 1784, empowering the delegates then in Congress "to retain their seats, and continue to represent this State, until a sufficient number of the delegates elected to represent this State, shall arrive and take their seats in Congress."
[State of South Carolina]
In the House of Representatives February ye. 11th. 1784
On motion,
Resolved,
That the Delegates who are now in Congress shall retain their seats, and continue to represent this State, until a sufficient number of the Delegates Elected to represent this State shall arrive and take their seats in Congress.
Ordered, That the above Resolution be sent to the Honorable The Senate for their concurrence.
By order of the House
John Sandford Dart, C. H. R.
In the Senate 13th. February 1784.
Resolved,
That this House do concur with the House of Representatives in the above Resolution.
Ordered,
That the Resolution be sent to the House of Representatives.
By order of the Senate,
James Sharp, C. S.
Extracts from the Journals of the House of Representatives.
John Sandford Dart, C. H. R.1
[Note 1: 1 The original is in the Papers of the Continental Congress, South Carolina, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Pensylvania,
Page 147 | Page image
Virginia, North Carolina and South Carolina; and from Maryland, Mr. [Jeremiah Townley] Chase.
On the report of a committee, consisting of Mr. [James] Monroe, Mr. [David] Howell and Mr. [Roger] Sherman, to whom was referred a memorial of Mr. Francis Cazeau,
The Committee to whom was referred the memorial of Francis Cazeau, Merchant of Montreal agree to the following report:
That in 1775, when Congress ordered a detachment of troops into Canada, the Commander in Chief addressed a letter to the inhabitants of the Province of which the following is a paragraph:
"To frustrate therefore these inhuman designs of the enemy I have detached Colo. Arnold with a corps of the army and have enjoined him (and I am confident he will obey my orders) to consider himself in every respect and to act in every instance as if he were in the country of his friends. He will receive with gratitude whatever provision or stores you may provide for him, and pay you in return the full value. I therefore entreat you as friends and brothers to procure for him whatever he may require, and I engage to you upon my faith and honor that you shall receive a full and ample recompense."
That at this period Mr Cazeau resided in Montreal, was extensively connected in commerce and possessed of a considerable landed estate. That upon the arrival of our troops in Canada, as well as during their subsequent operations, he manifested an earnest desire for their success, gave them his counsel and assistance and contributed all in his power to promote the American cause.
That in Jany: 1776 he sold to the officers of the American army cloth and other articles to the amount of 2,400 dollars, which sum he received in paper money to support the credit of said money, and that from his subsequent confinement, he was deprived of an intercourse with these States, by which means it depreciated and sunk in his possession.
That in March, April and May, 1777, at the desire of Genl. Arnold, he purchased and manufactured near 12,000 bushels of wheat for the use of our troops, 1,660 gross hund: wt: of which only he sold to the Brittish contractor to prevent a suspicion of his design; that he reserved the remainder for said troops in expectation of their return, in consequence of which, as they failed to do it, the flour middlings and bran spoiled for want of hands to take care of them, that he was
Page 148 | Page image
at considerable expence in drawing the wheat from the country to his mills, in storage and commissions to his clerk and that comprehending the whole, his loss in this instance must have amounted to 9,500 dollars.
That he sent off about this time, by engagement with General Arnold, under the care of his Agent Mr Keith, three batteaux loaded with wine of different kinds, spirits and other articles necessary for the troops under his command, with instructions to deliver them to the first American officer a receit from whom he should find commanding a detachment on Lake Champlain, or the General commanding the army at Ticonderoga, on whatever conditions he should think proper, a receit from whom should be considered as the performance of his commission; but that upon Mr Keith's arrival at those posts he found them evacuated by the American troops and whilst he waited the orders of Mr Cazeau thereon at the latter, he was attacked by Major Brown who mistook him for a party of the enemy, one of his men killed and the whole of the effects plundered and destroyed; that his loss in this instance, including the first cost of the several articles, the expence of the batteaux, sending them to Ticonderoga and commissions thereon amounted to 4,500 dollars,
That he advanced to different expresses sent at different times to our commanding officer in the northern department with necessary intelligence, the sum of 276 dollars.
That his Agent Robert Keith had the charge of a store at one of his mills the goods of which he sold by order of said Cazeau to the inhabitants to cultivate their regard and attachment to the American interest, at prices much below what they otherwise would have commanded by which he sustained a loss of near £500.
That he had taken other measures to promote the American interest which might probably have been successful, had not the particular situation of these States put it out of their power to avail themselves of those circumstances or to act thereon.
That a conduct so decidedly favorable to America soon became known to the government of Canada and exposed him to its censure and resentment, that he was taken from his family carried to Quebec and there confined two years and four months in close prison, that great part of his landed estate hath been sold, his debts upon specialty bills of exchange notes of hand, and account sequestered, his family treated with disrespect, turned out of their own house to shift for
Page 149 | Page image
themselves, and thrown upon the benevolence of a relation for the common necessaries of life.
Whereupon the committee have agreed to the following resolutions.
Resolved, That as the depreciation of the paper currency (mentioned in Mr. Cazeau's memorial) did not arise from a voluntary act of Congress, but was an evil forced on us by our exigences, hath been injurious to our own citizens as well as to foreigners, and as no compensation hath been made the former, for the losses they have sustained thereby, the United States in Congress assembled, cannot with justice discriminate between them and any other class or description of men.
Resolved, That whatever stores or provisions Mr. Cazeau purchased and collected, for the use of the American army, by engagement of the officer commanding the detachment, or other person duly authorized by him for that purpose, whether they reached the detachment or not, if so purchased and collected, they were destroyed, and he in that degree injured, the United States are in honor and justice bound strictly to make good the loss he sustained thereby [provided it shall not appear, in the liquidation of his accounts, that the said stores and provisions were to have been at his risque until the delivery thereof].1
[Note 1: 1 The part in brackets was added in Congress.]
Resolved, That whatever Mr. Cazeau advanced to expresses, to give necessary communications to our generals, should be repaid him.
Resolved, That the sale of his goods to the inhabitants of his province, to promote our interest, upon cheaper terms than he might otherwise have obtained, was an act of benevolence not authorized on our part, and can therefore in justice give him no claim for retribution.
Resolved, That as the above sums were advanced under the faith of government, at the desire of the commanding officer, they
Page 150 | Page image
should be considered as loaned, and that he is justly entitled to interest thereon, and that, considering every circumstance, it should commence the first day of May, 1777.
[Resolved, That an interest of six per cent. per annum, from the first day of May, 1777, be allowed to Mr. Cazeau, on the above advances, and on the amount of the articles so purchased and collected.]
Resolved, That the Superintendant of finance be, and he hereby is directed to advance to Mr. Cazeau, the sum of five thousand dollars on account, and to order his account to be adjusted, and give him certificates for the payment of the balance at such early and convenient times, as the finances of the United States will admit of.
The Committee are of opinion that for the present, Congress can come to no determination with respect to compensation for the losses he hath sustained in his real and personal estate, from the consideration of his services to these States during the late contest, and that a decision upon that head be postponed until Congress can fully investigate and come to some general determination upon the propriety and justice of all claims of a similar nature.
Resolved, That in settling the accounts of Mr. Cazeau, his own testimony, under oath, be admitted in support of such other evidence as the circumstances of the case will admit.1
[Note 1: 1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 19, I, folio 561; the final paragraph, in the writing of Elbridge Gerry, is on folio 559½. A copy of the report, in Charles Thomson's writing, is on folio 555. The paragraph in brackets was not in the original report, but was substituted, during the debate, for the paragraph immediately preceding it. This substitution is indicated on Thomson's copy.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |