So the question was lost. Mr. Jones, Few, On motion of Mr. Madison, seconded by Mr. Duane, Resolved, That the several public ministers of the United States, in Europe, be informed that the care and management of all monies which have been or may be obtained in Europe, by loans or otherwise, having been committed to the superintendent of finance, to be disposed of by him according to appropriations of the United States in Congress assembled, it is the instruction of Congress that they conform in the strictest manner to this arrangement. The committee, consisting of Mr. Duane, Mr. Montgomery and Mr. Madison, to whom was referred a letter of the 9th, from the superintendent of finance, having reported that it be resolved, That the sum of 5,000,000 of dollars be borrowed on the faith of these United States, for the service of the year 1783, on such terms as the same can be obtained; and the same being postponed, A motion was made by Mr. Rutledge, seconded by Mr. Williamson, "That a sum not exceeding 5,000,000 of dollars, including the money which Mr. Adams may obtain by the loan now negotiating in Holland, be borrowed in Europe, on the faith of the United States, and applied towards defraying the expenses which shall be incurred, and of those which during the present year have been incurred for carrying on the war." A motion was made by Mr. Ďuane, seconded by Mr. Madison, to strike out the word "including," and insert "exclusive of." And on the question to agree to this amendment, the yeas and nays being required by Mr. Duane, N-Hampshire, Mr. Gilman, Rhode Island, Mr. Cornell, Jackson, no S } Delaware, Mr. McKean, * ay Mr. Hanson, no Carroll, ay no no Virginia, Mr. Madison, Howell, no Connecticut, Mr. Huntington, no Dyer, no New-York, Mr. Duane, ay 2 L'Hommedieu, ay Say S.-Carolina, Blount, ay New-Jersey, Witherspoon, no Pennsylvania, Mr. Montgomery, ay So the amendment was lost. A motion was then made by Mr. Rutledge, seconded by Mr. Duane, to strike out "five," and insert "four ;" and instead of "including," to read "exclusive of." Question put, passed in the affirmative. On the question to agree to the resolution, it was resolved in the affirmative as follows: Gervais, Georgia, Mr. Jones, Few, no ay} div. Resolved, That a sum not exceeding 4,000,000 of dollars, exclusive of the money which Mr. Adams may obtain by the loan now negotiating in Holland, be borrowed in Europe on the faith of the United States of America, and applied towards defraying the expenses which shall be incurred, and of those which during the present year have been incurred, for carrying on the war. Resolved, That the superintendent of finance and secretary for foreign affairs take order for carrying the above resolution into effect, transmitting the same without delay to the ministers plenipotentiary of these United States at the court of Versailles and at the Hague. Resolved, That the minister plenipotentiary of these United States at the court of Versailles, be, and he is hereby instructed to communicate the fore. going resolution to his most Christian majesty, and to assure his majesty of the high sense which the United States in Congress assembled, entertain of his friendship and generous exertions; their reliance on a continuance of them, and the necessity of applying to his majesty on the present occasion; and the said minister is further instructed to co-operate with the superintendent of finance and secretary for foreign affairs in the most effectual means for giving success to the said loan. On the report of a committee, consisting of Mr. Jackson, Mr. McKean, Mr. Rutledge, to whom were referred a letter of the 5th of July from the hon. John Adams, and a letter of the 11th of July, 1782, from Wilhelm and Jan Willink, and Nicholas and Jacob Van Staphorst, and de la Lande Fynje, together with five several contracts or engagements entered into by the hon. J. Adams, in behalf of the United States of America: Resolved, That the following ratification be endorsed on the contracts, and the five translations of them into the English language, and signed by the president of Congress; and that the secretary for foreign affairs transmit the said five contracts, with their translations so endorsed and signed, by the several safe conveyances that shall first offer for Holland or France. The endorsement to be as follows: Be it remembered, that the five several contracts or engagements entered into by the honorable John Adams, esq. minister plenipotentiary of the United States of America to their high mightinesses the lords, the states general of the United Netherlands, in behalf of the said United States, bearing date the 11th day of June, in the year 1782, and purporting to be securities each of them for the payment of a million of guilders, Dutch current money, by the United States, to certain money lenders, under the negotiation of Messrs. Wilhelm and Jan Willink, Nicholas and Jacob Van Staphorst, and de la Lande and Fynje, merchants in Amsterdam, were read in Congress, approved and ratified, and the same are hereby ratified and declared obligatory on the said United States. Done in the State-house, at Philadelphia, by the United States of America, in Congress assembled, the 14th day of September, in the year of our Lord 1782, and in the 7th year of our sovereignty and independence. JOHN HANSON, President. On a report of the secretary for foreign affairs, to whom was referred a letter of the 19th of April, 1782, from the honorable J. Adams: Ordered, That the letter of the 19th of April, 1782, from the honorable John Adams to the secretary for foreign affairs, containing extracts from the registers of their high mightinesses the states general of the United Provinces, expressive of their resolution to receive and acknowledge the said Mr. Adams in quality of minister plenipotentiary of the United States of America, be published, together with the resolutions of the states of each respective province relative to the same object. Resolved, That an account of this event be given by the secretary for foreign affairs to the executive of each respective state, requesting them severally to cause the same to be made public. MONDAY, September 16, 1782. Resolved, That the following commission be executed and transmitted to his excellency general Washington: THE UNITED STATES IN CONGRESS ASSEMBLED. To all people who shall see these presents, send greeting. Whereas Justice and humanity and the practice of civilized nations, require that the calamities and asperities of war should as far as possible be mitigated ; and we being disposed for that benevolent purpose to accede to a general cartel between the United States of America and the British nation, for the exchange, subsistence and better treatment of all prisoners of war: Now therefore know ye, that reposing high confidence in the wisdom, prudence and integrity of our trusty and well beloved George Washington, esq. our commander in chief of all our armies, raised and to be raised for the defence of the United States of America, we have authorized and empowered, and by these presents do authorize and empower, our said commander in chief, for us and in our name, to negotiate, accede to and establish, in the proper forms and with the usual solemnities, such general cartel between the United States in Congress assembled, and the king of Great-Britain, for the exchange, subsistence and better treatment of all prisoners of war, as well land as naval prisoners; hereby giving and granting to our said commander in chief full power and authority, ultimately and on all points, to adjust and conclude the principles, terms and conditions of the said cartel, and in general to do and perform every matter and thing which shall in any wise be necessary for the final and perfect accomplishment thereof. And the better to enable our said commander in chief to execute the trust reposed in him by these presents, we do hereby further authorize and empower him, from time to time, by commission under his hand and seal, to nominate and constitute such and so many commissioners as he shall judge necessary, to meet, treat, confer and agree with commissioners to be appointed and competently authorized on the part of the king of Great-Britain, touching the terms, conditions and stipulations, for subsisting, better treating and exchanging all prisoners of war as aforesaid, as well as for liquidating and settling all accounts and claims whatsoever, respecting the maintenance and subsistence of prisoners of war on either side. And we do hereby declare that the engagements concluded upon by our said commander in chief in the premises, being mutually interchanged with the party contracting on behalf of the crown and nation of Great-Britain, shall be binding and conclusive on the United States of America. In testimony whereof we have caused these our letters to be made patent, and the great seal of the United States of America to be thereunto affixed. Witness his excellency John Hanson, esq. president of the United States in Congress assembled, the 16th day of September, in the year of our Lord 1782, and of our sovereignty and independence the seventh. On the report of a committee, consisting of Mr. Cornell, Mr. Atlee and Mr. Carroll, to whom was referred a letter of the 27th of August from the secretary at war, relative to the contingent expenses incurred in the absence of the commander in chief, and the commanding officer of the southern army. Resolved, That the secretary at war be, and he is hereby authorized to issue his warrant on the pay-master general, for such sums of money as he may find it necessary to advance for the expenses of such officers or expresses as may be sent to this city on public business, either by the commander in chief or the commanding officer of the southern army. An account of such advance shall be transmitted to the general who shall have sent the officer or express, to be accounted for in the adjustment of their expenses. On the report of a committee, consisting of Mr. Osgood, Mr. Cornell and Mr. Carroll, to whom was referred a letter of the 9th, from the secretary for foreign affairs, requesting leave of absence for a few weeks: Resolved, That the secretary for foreign affairs have leave of absence agree. ably to his request. TUESDAY, September 17, 1782. On the report of a committee, consisting of Mr. Rutledge, Mr. Duane and Mr. Madison, to whom were referred a motion of Mr. Rutledge, and a letter of 30th May from the hon. H. Laurens, wherein he informs, that on the 10th of that month he received from Dr. Franklin a formal notification of his appointment in the commission for treating with Great-Britain, and also a copy of the said commission; that he left London on the 11th, and arrived at Ostend on the 15th, from whence he informed Dr. Franklin that he declined the honour of that office. Resolved, That the hon. Henry Laurens be informed, in answer to his letter of the 30th of May, 1782, that the reasons which induced the United States in Congress assembled, to appoint him to be one of their ministers plenipotentiary for negotiating a peace still existing, his services in the execution of that trust cannot be dispensed with. On the question to agree to this, the yeas and nays being required by Mr. Izard, Resolved, That the hon. John Adams, Benjamin Franklin, John Jay and Henry Laurens, be respectively informed, that it is the pleasure and express direction of Congress, that they punctually attend and assist in the negotiations for peace; and that each of them be instructed, upon receiving information of the time and place appointed for opening the negotiations, immediately to give notice thereof to the rest that may be in Europe, in order that each may have a seasonable opportunity to take part in the trust reposed by the said commission, and earnestly enjoined by this act. WEDNESDAY, September 18, 1782. On motion of Mr. Carroll, seconded by Mr. Howell, Resolved, That the sum of 1,200,000 dollars required to be raised by the resolution of the 4th, and which was quotaed upon the several states by an act of the 10th of the present month of September, be, when received, credited to the accounts of the several states on interest, to be hereafter adjusted agreeably to the resolution of the 6th of October, 1779. According to order, Congress proceeded to the election of a judge-advocate; and, the ballots being taken, major Richard Howell was elected, having been previously nominated by Mr. Boudinot. Mr. Madison, Mr. Izard, Mr. Witherspoon and Mr. Clymer, four of the committee appointed pursuant to the resolution of the 17th June last, to enquire fully into the proceedings of the department of foreign affairs, having executed the business of their appointment, reported the result of their enquiries, which was read. The superintendent of finance, to whom was referred a resolve of the house of delegates of Virginia of the 2d of July last, having reported a resolution, and the same being postponed, a motion was made by Mr. Clark, seconded by Mr. Rutledge, "That the commissioners appointed to settle the accounts of the several states agreeably to the act of the 20th of February, 1782, be directed to examine, receive and destroy so much of the old continental money as may be in the treasury of any of the states, not exceeding the quota of such state as fixed by the act of Congress of the 18th of March, 1780, and transmit to the superintendent of finance accounts of the moneys so destroyed." A motion was made by Mr. Osgood, seconded by Mr. Jackson, to strike out the words, "not exceeding the quota of such state as fixed by the act of Congress of 18th of March, 1780." And on the question, shall those words stand? the yeas and nays being required by Mr. Osgood, Massachusetts, Mr. Osgood, Rhode-Island, Mr. Cornell, Jackson, Howell, no Virginia, Mr. Jones, ay ay ay New-York, Mr. L'Hommedieu, ay >* N.-Carolina, Mr. Williamson, New-Jersey, Mr. Clark, ay}ay The question was then taken on the motion, and resolved in the affirmative. FRIDAY, September 20, 1782. A motion was made by Mr. Madison, seconded by Mr. J. Jones, "That the resolution of the 17th day of September, 1782, informing Mr. Laurens that his services as a minister plenipotentiary for negotiating peace cannot be dispensed with by Congress, and so much of the other resolution of the same date as relates to Mr. Laurens, be not transmitted till the further order of Congress. On the question to agree to this, the yeas and nays being required by Mr. Wright, On the report of a committee, consisting of Mr. Duane, Mr. Montgomery, VOL. IV. 11 |