So it was resolved in the affirmative, and the motion set aside.

A motion was made by Mr. [William] Paca, seconded by Mr. [John] Armstrong that three members be added to the committee.

Question put, passed in the negative.

On motion of Mr. [Elbridge] Gerry, seconded by

Resolved, That the Committee of Commerce be directed to instruct the continental agent at Boston to obtain a division of the prize goods lately taken by the ships Warren, Queen of France and Ranger, and to retain such part as belongs to the United States for the disposition of the said committee.

On motion of Mr. [Henry] Laurens, seconded by

Resolved, That on Friday next, immediately after reading the journal, the House proceed to the consideration of the report of the committee on foreign affairs, &c.

Adjourned to 10 oClock to Morrow.

THURSDAY, APRIL 29, 1779

An appeal from the judgment of a court of Admiralty for the State of Connecticut on the libel Elisha Elderkin, &c. v. a sloop, was lodged with the Secretary, and referred to the Committee on Appeals.1

According to the order of the day, Congress proceeded to the consideration of the report of the Board of Treasury relative to finance.

On motion of Mr. [John] Witherspoon, seconded by Mr. [Gouverneur] Morris,

Resolved, That so much of the said report as relates to the establishment of a treasury board and the proper officers for managing the finances of these United States be postponed.

That so much of the said report as relates to the commissary general and quarter master general's department and appointment of a committee of enquiry, be postponed.

Congress proceeded to the consideration of that part of the report of the Treasury which relates to raising supplies and supporting the credit of the continental currency; and after some time spent thereon:

Ordered, That the farther consideration thereof be postponed till Saturday next.

Adjourned to 10 oClock to Morrow.

FRIDAY, APRIL 30, 1779

The order of the day being read for proceeding to the consideration of the report of the committee on foreign affairs; and the question under debate being stated, shall Arthur Lee, Esq. commissioner of the United States at the court of Madrid, be recalled?

1 This appeal is in the Papers of the Continental Congress, No. 42, II, folio 384. Elderkin was owner of the boat True Blue; the name of the captured sloop is not given.

Mr. [William] Paca arose, and informed the House, that he had important information on the subject of the said report, which he would communicate agreeable to the order of the House: he then proceeded to lay on the table a paper signed by himself and Mr. William] H[enry] Drayton, containing intelligence respecting Arthur Lee, Esq. which was read. APRIL 30TH, 1779.

On the 15th day of April Instant, Congress ordered that the members of this House, who may have any papers or evidence in their possession relative to the said report, do lay the same upon the Table.

On the twenty eighth day of April Instant, Congress ordered the report of the Committee of Foreign Affairs to be considered. On this day just as the House were about to proceed to the consideration of the said report, the Honble Wm Paca informed the House, that he had important information on the subject of the said report which he would communicate agreeable to the order of the House. He then proceeded to lay a paper signed by himself and the Honble W. D[H] D[rayto]n containing intelligence respecting Arthur Lee Esq upon the Table, where it having been read by the Secretary, Mr Paca moved and was seconded by Mr Drayton "that the said paper be entered on the journals."

An objection was made by M: S. Adams to the said motion, as being out of order; and the President being of opinion that the motion was in order, an appeal was made to the House.1

Motion of Mr Paca, seconded by Mr Burke

Whereas by Intelligence communicated to Congress by the Minister Plenipotentiary from France there is reason to think that a negotiation for peace will shortly commence at the court of Madrid through the mediation of the said Court; and whereas information has been given to Congress that M: Arthur Lee, Commissioner to the said Court for these States, has not the confidence of either the Courts of Versailles or Madrid, from which information if true there is reason. to think that the appointment of the said Mr Arthur Lee, Plenipotentiary at the Court of Madrid, to negotiate peace for the States would be highly disgusting to both the said courts; and whereas, Congress are informed that the Sieur Gérard, Minister Plenipotentiary from France can give full and complete satisfaction on this 1 This paper, in the writing of John Jay, is in the Papers of the Continental Congress, No. 36, I, folio 21.

subject, and as Congress can not doubt, but what the said Sieur Gérard, from his regard to the interests of these States and the alliance concluded between them and his court, will give such information as he is possessed of, if called upon.

Resolved, That the Sieur Gérard be requested to inform Congress, whether Mr A. Lee possesses the confidence of the court of Versailles or Madrid in such degree, as that they can and will fully and freely consult with and entrust him with all matters and things which relate to the welfare and happiness of these States, and the common interest of the alliance between these States and the Court of France.

April 28. 1779.1

The undersigned Members of the Congress of the United States of North America have the honor to inform the said Congress,

That upon good grounds, having been led to believe that the conduct of Arthur Lee, Esq., late one of the Commissioners representing these United States at the Court of Versailles, and now sole Commissioner to represent the said States at the Court of Madrid, was disgustful to those Courts, unconciliatory to their subjects, and prejudicial to the honor and interests of the said States.

They were astonished to hear an assertion made in Congress on the 15th. inst. by an Hon. Member from Massachusetts Bay, as from the highest authority in America, that the said Commissioner is possessed of the confidence of the Court of Versailles; and since, another assertion, by another Hon. Member from the same State, that the said Commissioner is the most proper person to represent the said States at the Court of Madrid, assertions which, being made in the debates upon foreign affairs, were made to influence Congress to continue the said Arthur Lee, Esq. as the public minister of the said United States to the Court of Madrid, at the expected negotiations for a general pacification under the mediation of that Court.

That the undersigned, impressed with a conviction that in such an important conjuncture, the Minister to represent the said States at the Court of Madrid, ought not to be disagreeable to that Court, nor to the Court of Versailles, in faithful alliance with these States; and that the interest of the said States demanded that it should be precisely ascertained, whether or not the said Commissioner was disa

1 This motion, in the writing of William Paca, is in the Papers of the Continental Congress, No. 36, I, folio 23. It is endorsed "April 30, 1779.??

greeable to the said Court; for certain information upon the point, they have, from the necessity of the case, been compelled to apply to the Minister Plenipotentiary of France, residing near Congress, as the highest source of information in America.

That in consequence of such application, the Minister Plenipotentiary produced to the under-signed an original letter to him from the Count de Vergennes, Minister for foreign affairs at the Court of Versailles, dated the 29th of October, 1778, in which after having stated the intelligence which has been communicated to Congress, by the Minister Plenipotentiary, in February last, and after having assigned some reasons for not having communicated that intelligence to the American Commissioners in Paris, the Count de Vergennes concludes in these terms, "Je vous avouerai d'ailleurs que je crains M. Lee et ses entours"-"Besides, I confess to you that I fear Mr. Lee and those about him"

That the Minister Plenipotentiary added that this consideration induced the Court of Versailles to keep secret from the said Commissioner the intended sailing of the Count d'Estaing for America, until his fleet was ready to put to sea; that the said Commissioner, by his conduct on several occasions, created the highest disgust in the Court of Versailles against him. That the Court of Madrid, in the closest connection with that of Versailles, entertained the same sentiments respecting the said Commissioner, not only on account of his conduct on those occasions, but because of his imprudent conduct in Spain; and, in a word, the Minister Plenipotentiary expressly declared, that he has every reason to think, that neither of those Courts have that confidence in the said Commissioner, which is necessary to give success to the negotiations of a foreign minister.

The undersigned having received such decisive information from the Minister of France, with liberty to communicate it to Congress, think it is their indispensible duty to the United States and to themselves, to lay the same explicitly before this the Supreme Council of America; to the end that they may not be misled to continue the said Commissioner, as the representative of these United States, at a Court in the highest manner disgusted at his conduct, and at which, of consequence, his negotiations must be unsuccessful. But if, unfortunately, it shall be disregarded, they will have the consolation to reflect, that in giving this information, they discharged their duty to the United States; and that having given it, they cannot justly