safe. Yesterday we wrote you a few lines, inclosing additional Instructions from Congress to their Commissioners, authorizing them to Treat with other nations; also Two Resolves of Congress, by one of which you would see that Thomas Jefferson, Esqr., declined his appointment, and that Arthur Lee, Esqr., was appointed in his stead, to whom we inclosed a letter, Copy whereof goes herewith. By the other, the Commissioners are directed to hire or buy Eight Line-of-Battle ships for the American Service. these papers were sent under Cover to William Bingham, Esqr., our Resident at Martinico, with orders to forward them immediately." We wrote you another letter yesterday' covering duplicates of all the papers and letters mentioned herein, and sent it by the armed Brige Lexington, Wm Hallock, Esqr., Commander, to Mr. Stephen Ceronio, our Resident at Cape François, with directions to forward the same to Messrs. Saml and J. Hans Delap, merchts, at Bordeaux who are requested to send the Packet from thence by Express to you, and Doctr. Franklin carries with him Triplicates of all these publick papers. we have been thus particular in mentioning them and the conveyances by which they were sent that you may know when the whole are received and we desire you to be equally pointed in advising us thereof, for we shall be anxious to hear of their getting safe and shall be very uneasy if we don't hear this in due time, for they ought not on any account to fall into the hands of our Enemies. 8 Since Mr. Dickinson and Colo. Harrison were out of Congress and Doctr. Franklin appointed one of the Commissioners at the Court of France, the Congress have filled up the Vacancys in this Committee, and the members now are Mr. Jay, Mr. Johnston, Mr. Morris, Colo. Richd Henry Lee, Mr. Wm Hooper, and Dr. John Witherspoon, which we mention for your information. we shall continue to address all our advices and dispatches to you only, untill informed that the other Commissioners have joined you but you will Communicate the letters to them as if directed to the whole, and we depend on you to notify Doctr. Lee of his appointment using the utmost precaution in the method of doing it, or his person may be endangered. we suppose it may be best to have the letter inclosed by the ministers of France to their Ambassador in England with proper cautions respecting the delivery of it. Doctr. Franklin being the bearer of this letter, it is totally unnecessary for us to enter into any detail of what is passing here or to convey any Political remarks, he being possessed of every knowledge necessary for your information, will communicate very fully everything you can wish to know. Therefore, wishing you a happy meeting with him and a successful issue to your 3 See Wharton, Rev. Dipl. Corr., II. 177, and no. 178, note 2, ante. 5 See the Journals, Oct. 22. 6 Two letters, dated Oct. 23, are in Force, Am. Arch., fifth ser., II. 1198, 1199. See also ibid., II. 822, and no. 136, ante. 7 Evidently no. 178, ante, although that letter says "triplicates ". 8 John Jay and Thomas Johnson had been members of the committee since Nov. 29, 1775. Robert Morris was chosen Jan. 30, 1776, and Lee, Witherspoon, and Hooper were added to the committee Oct. 11. 1 labours in the service of your Country we remain with perfect esteem and regard, Dear Sir, Your affectionate Friends and obedient humble Servants. ROBT. MORRIS JNO. WITHERSPOON 180. THE COMMITTEE OF SECRET CORRESPONDENCE TO THE Gentlemen PHILADA October 24th 1776. The Congress having committed to our charge and management their ship of war called the Reprisal commanded by Lambert Wickes, Esqr., carrying sixteen six pounders and about one hundred and twenty men We have allotted her to carry Doctor Franklin to France and directed Capt Wickes to proceed for the Port of Nantes where the Doctor will land and from thence proceed to Paris, and he will either carry with him or send forward this letter by express as to him may then appear best. . . . . In Consequence of this plan for the Reprisal's Cruize we desire you to make immediate application to the court of France to Grant the Protection of their Ports to American Men of War and their Prizes. Shew them that British Men of War under Sanction of an Act of Parliament are daily Capturing American Ships and Cargoes. Shew them the Resolves of Congress for making Reprisals on British and West India property and that our Continental Men of War and numerous private Ships of War are most successfully employed in executing those Resolutions of the Congress. Shew them the Justice and equity of this proceeding and surely they can not, they will not refuse the protection of their Ports to American Ships of War, Privateers and their prizes. If your application on this head is crowned with success, try another which it is their interest to grant, that is to obtain leave to make Sale of those Prizes and their Cargoes or any part thereof that may be suitable for that Country. If you succeed in this also, you must appoint some person to act as judge of the Admiralty, who should give the Bond prescribed for those Judges to determine in all Cases agreable to the Rules and Regulations of Congress, and for this purpose we will report to Congress some Resolves vesting you with authority to make such appointment and authorizing such judge to condemn without a jury as required here; if [180]1 Am. Phil. Soc., Franklin Papers, IV. 118; Wharton, Rev. Dipl. Corr., II. 178. 2 The Reprisal was one of the vessels turned over to the committee of secret correspondence in consequence of the resolutions of Oct. 11. See no. 178, note 2, ante; also letters of the marine committee to Captain Wickes, Sept. 21, Oct. 24, Force, Am. Arch., fifth ser., II. 429, 1213, 1215. It does not appear that such resolves were enacted by Congress. See however nos. 252, 274, post; also article XIX. of the treaty with France (the Journals, May 4, 1778), and a letter from Franklin and Deane to the committee of secret correspondence, Mar. 12, 1777 (Wharton, Rev. Dipl. Corr., II. 287). these Resolves are agreed to by Congress, they shall be immediately transmitted to you; if they are not that plan must drop and the Prizes must all proceed for America for condemnation. You can in the mean time consult the ministers whether they will permit such Courts in France and in the French West India islands. If protection is granted to our Cruizers and their Prizes you will immediately procure proper orders to be sent to the officers of all their Ports on this subject, and write yourselves to those Houses we have named at the several Ports that the Prizes are to remain for Cap Wickes's further orders, also lodge such orders with proper persons at the other Ports in France. On the Contrary if the Prizes are not to be protected in their Ports then give immediate notice to all those Houses and proper persons at the other Ports to furnish the Prizes that Cap Wickes of the Reprisal may send into their port with any necessarys the Prize Master may judge they stand in need of and to order him immediately to make the best of his way with the Prize to the first safe Port he can make in the United States of America lodge advice also for Cap Wickes at Bordeaux, Brest and Nantes whether his Prizes are to be protected in Port or not and whether or not any sales will be permitted. If they are protected he can take his own time to Collect and bring them Home under his own Convoy; if any sale is permitted, he can sell perishable commodities and Vessels unfit for so long a voyage as to this Coast. If no protection for Prizes they will be come away by your orders and need not stay for his, and if they deny Protection to our Cruizers themselves, he will only remain in Port for your advices and to obtain such supplies as may be necessary. We have recommended Cap Wickes to take on board his own Ship as many Valuable Commodities as he can if he is successful but should he be unsuccessful in Cruizing then Messrs. Pliarne and Co. may put some Goods on board when he is coming away. You will readily see the Tendency these measures have, and as their consequences may be very important so we hope your attention to them will be immediate and Constant whilst necessary. Captain Wickes is a worthy man as such we recommend him and shoud he have the misfortune to be taken or meet with any other misfortune we hope you will adopt measures for his relief. He will treat Prisoners with Humanity and we are Convinced his Conduct will do honor to his appointment. We have the honor to be Gentn. Sir: Your most obedt and most hble Servants ROBT. MORRIS RICHARD HENRY LEE JNO WITHERSPOON 181. BOARD OF WAR TO GEORGE WASHINGTON.1 WAR OFFICE Octr 24th. 1776 The Board of War have directed me to enclose you the Plan they intended to present to Congress for preventing Abuses in regiments or [181]1 Library of Congress, Letters to Washington, XCV. 305; Force, Am. Arch., fifth ser., II. 1210. Companies Receiving more Rations than they are entitled to; an evil which has been complained of perhaps with too much Foundation. It frequently happens that Sick Soldiers are either left behind at Posts or Places thro' which their Regiments or companies are marching, or they are sent to Hospitals at a Distance from their Corps. These unhappy People, or Some of them, are often thought unable and discharged by the Director or Surgeon of the Hospital as unfit for Service, and turned out to beg their Subsistence to their Homes or Places of their former Residence, altho' they may have Pay due to them Sufficient to Support them. This not only raises Compassion and from this Motive should be remedied, but is extremely detrimental to the Service, by deterring others from enlisting. The Board therefore have thought that the Soldiers, so discharged, should have it in their Power to recieve their Pay in whatever Part of the States they may be; and have accordingly formed a Plan to enable them to do it, and request your Excellency's advice on both these Subjects.2 With the greatest Respect I have the Honour to be your obedt humble Servt to His Excellency General Washington Sir, RICHARD PETERS Secy 182. WILLIAM ELLERY TO THE GOVERNOR OF RHODE ISLAND (NICHOLAS COoke),1 PHILADELPHIA Octr. 26th. 1776 By the same Express you will receive a Letter from the Committee of Cloathing, inclosing a Resolve of Congress respecting the 2 Following is the plan enclosed in this letter: "That each Regiment Troop or Company be mustered either by the Muster masterGenl. or his Deputies Times in every Year if the Situation of the Army will admit thereof and that the Muster Mr Genl. or his Deputies, shall return exact accounts thereof monthly to the Commanders in Chief of the several Departments, and furnish Copies of such returns to the Adjutant and Commissary General or their Deputies. "That the Commissary Genl. or his Deputies shall return to the Adjutant General or his Deputies monthly an exact Account of all Rations drawn by each Regimt. Troop or Company in the Course of the Month and the said Adjutant General or his Deputies shall return the same to the Commander in Chief of the several Departments to be transmitted to Congress as part of the General Returns of the Army. "That the Captains or Comrs of every Troop or Company shall, at the Time a sick non comd. Officer or Soldier shall go to the Hospital send with such sick non comd. Officer or Soldier an exact Account of what pay is due him and in case of Discharge from the Hospital as unfit for farther Service the Director or Surgeon of such Hospital shall certify what Pay is due the Non comd. Officer or Soldier so discharged. And the Captain or Comander of the Troop or Company out of which such Officer or Soldier shall go to the Hospital shall not receive the Pay of any Officer or Soldier so sick or discharged; but such Non Comd. Officer or Soldier shall be paid at any Pay Office or Place by any Person in the United States authorized to pay the Continental Troops on producing such Certificates which shall be kept as vouchers by the Person so paying and Copies thereof delivered to the Officer or Soldier receiving his Pay." Washington's reply to the board's inquiry has not been found. The board made a report Nov. 13, and on Nov. 19, upon the further consideration of the report, some resolutions on these subjects were adopted. See the Journals. [182]1 R. I. Arch., Letters to the Governors, 1776; Staples, R. I. in Cont. Cong., p. 94. A part of this letter (that which precedes the passage here given) is printed in Force, Am. Arch., fifth ser., II. 1248. Blankets and coarse Goods taken and imported into our State in a Prize Store-Ship bound to Quebec. It is not meant that this Resolve should supersede the Resolve lately sent to your Honour by the same Committee.3 With all the Cloathing that can be collected in several States, and imported, We shall not I am afraid have more than sufficient to cloath our Armies. Hang well and pay well, is a good military Maxim. In paying well I presume Cloathing and Food is involved, otherwise they ought to be subjoined. The former, Congress attended to in their last Articles of War, and I hope their Resolutions respecting the latter will be carried into Execution by those to whom the Execution thereof hath been committed.. 183. THE NEW YORK DELEGATES TO THE NEW YORK CONVENTION.1 Gentlm As the State of New York has not been represented in Congress for several Weeks past, (Mr. P: Livingston with myself being their only Delegates at present here) we are requested by Congress to apply to you Sirs for a full representation, therefore hope you will speedily send us one other Member that we may be enabled to give our vote for that state which we have been sent here to represent. We are respectfully, Gentlm., Your very Humbl Servts. PHILA. 26. Octobr. 1776 FRA: LEWIS for self and The Honbl. the Convention for the State of Nw. York 184. ABRAHAM CLARK TO ELIAS DAYTON." My dear Friend: Elizabethtown, October 26, 1776. I propose next Monday to return again to Philadelphia, where I can remain but two weeks, when our Assembly will meet again, when I propose to sue for a dismission from Congress; finding it too hard to attend there and at the Assembly, between both of which I could not expect to spend much of my time at home. Publick news I suppose you know as much of as I do, from my long confinement. . . . I hear General Schuyler lately wrote to the Congress requesting to resign his commission, upon a supposition they meant to cast an oblique 2 See the Journals, Oct. 23; also Cooke to Washington, Oct. 19, in Force, Am. Arch., fifth ser., II. 1133; cf. ibid., II. 1136. See Ellery to Cooke, Oct. 11, Staples, R. I. in Cont. Cong., p. 92; Force, Am. Arch., fifth ser., II. 989. Probably the resolve of Sept. 25 is meant. Cf. the letter from the committee on clothing to the New York convention Oct. 7, Force, Am. Arch., fifth ser., II. 925, III. 248. See also nos. 215, 233, post. 4 In a postscript Ellery says: Since writing the foregoing, the President read in Congress a letter from General Mifflin to a gentleman in this Town, dated at Fort Washington, October 23d" [describing a skirmish in the neighborhood of the Fort]. [183] N. Y. State Lib., Revolutionary Papers, VI. 49 (in the writing of Lewis); Jour. N. Y. Prov. Cong., II. 232; Force, Am. Arch., fifth ser., II. 1247. [184]1 Force, Am. Arch., fifth ser., II. 1248. |