Resolved, That all captains, commanders, and other officers and seamen belonging to any of the vessels of war of these United States, or any of them, or of any private armed vessels commissioned by Congress, and all other the subjects of these United States, do govern themselves strictly in all things according to the above recited articles; and that they do afford the same aid and protection to the persons, commerce and property of the subjects of his most Christian majesty, as is due to the persons, commerce and property of the inhabitants of these United States;

And further it is recommended to all the inhabitants of these states to consider the subjects of his most Christain majesty as their brethren and allies, and that they behave towards them with the friendship and attention due to the subjects of a great prince, who, with the highest magnanimity and wisdom hath treated with these United States on terms of perfect equality and mutual advantage, thereby rendering himself the protector of the rights of mankind.

Sundry resolutions being moved, relative to the mode of trying naval officers, Congress took the same into consideration; Whereupon,

Resolved, That when any ship or vessel of war in the service of the United States shall be lost by capture or otherwise, a court of enquiry, consisting of that continental navy board which shall by the Marine Committee of Congress be directed to proceed therein, or any three persons that such navy board may appoint, be held to enquire into the cause of such loss; and if it shall appear that the same was occasioned by the negligence or malconduct of the captain or any other commissioned officer belonging to the ship or vessel of war so lost, that then a court martial be held for the trial of the officer so offending, to consist of such officers, if conveniently to be

collected, as by the rules and regulations of the navy constitute a court martial, otherwise of five such persons, as the said navy board shall for that purpose appoint; and if such loss should be by capture, and it shall appear on trial that the same was occasioned by the cowardice or treachery of the commanding officer, then and in that case such commanding officer shall suffer death; and if the loss, whether by capture or otherwise, should be occasioned by any other mal-conduct, such commanding officer shall be by such court martial cashiered.

Resolved, That when two or more ships or vessels of war in the service of these states are in company, and any or either of them shall be lost by capture or otherwise, a court of enquiry, so constituted as aforesaid, shall be held to enquire into the causes thereof; and if it should appear that such loss was occasioned by the mal-conduct or negligence of any captain or commanding officer of any other ship or vessel in company as aforesaid, then a court martial, constituted as before-mentioned, shall be held for the trial of the officer so offending; and if the loss should be by capture, and it should appear on trial that such capture was occasioned by the cowardice or treachery of such captain or commanding officer by withholding his assistance from the ship or vessel of war so captured, then and in that case such captain or commanding officer shall suffer death; but if it shall appear that the loss happened through any other mal-conduct of such captain or commanding officer, then he shall be by such court martial cashiered.

Resolved, That if, upon enquiry as aforesaid into the conduct of any officer or officers in the service of these states, it shall appear that they or any of them shall have offended in any instance mentioned in these resolutions, it shall be in the power of the navy board to suspend such

officer or officers until a trial by court martial shall be had, and the navy board shall forthwith transmit to the Marine Committee the proceedings of such court of enquiry, with their doings in consequence thereof; and to Congress all the proceedings of court martials, when any shall be had, previous to the execution of any capital sentence, that shall be by such court martial awarded; to the end that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof.

Resolved, That these resolves continue in force one year from the date hereof, and no longer.

Resolved, That a committee of three be appointed to prepare an address to the inhabitants of these states, upon the present situation of public affairs:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Samuel] Chase and Mr. [Gouverneur] Morris.

A letter from the Board of War was read:

Ordered, That it be referred to a committee of three: The members chosen, Mr. [Samuel] Huntington, Mr. [Charles] Carroll and Mr. [Roger] Sherman.

Congress took into consideration a report of the Board of Treasury of the 5th; Whereupon,

Resolved, That William Palfrey, pay master general, be allowed the additional pay of one hundred dollars a month, from the date of this resolution, until Congress shall otherwise order.1

Adjourned to 10 o'Clock to Morrow.

1A memorial of Mark Bird, dated the 6th, and read on this day, is in the Papers of the Continental Congress, No. 59, III, folio 199. It is endorsed by Laurens: "Ordered to lie." Also a letter from George Ewing, dated May 4, was read and disposed of in the same manner. It is in No. 78, VIII, folio 269.

THURSDAY, MAY 7, 1778.

Congress took into consideration the report of the committee, on the report and proceedings of the committees of the several states that met at New Haven in January, and on the resolves from North Carolina; and after debate, adjourned to 3 o'clock.

THREE O'CLOCK, P. M.

Congress resumed the consideration of the [matters] under debate this morning, and after some time spent thereon,

Resolved, That the farther consideration thereof be postponed.

The Board of War having recommended

Nathaniel Chapman, Esq: to be captain of the additional company to Colonel Flower's regiment of artillery artifi

cers;

John Jordan, Esq to be captain, in the room of David Pancoast, resigned; and,

Henry Strape and Theophilus Park, lieutenants in the same corps;

Resolved, That they be appointed, and that commissions be granted to them accordingly.

The Board of Treasury brought in a report; Whereupon,

Ordered, That 2,066 60/90 dollars, be paid to William Hoffman, paper maker, being so much advanced him on his account.1

Resolved, That the resolution of Congress of the 15 January, 1777, empowering the continental treasurer to borrow money on loan office certificates, be, and it hereby is repealed and annulled.

1This report is in the Papers of the Continental Congress, No. 136, II, folio 275.

Resolved, That the commissioners appointed for the courts of Spain, Tuscany, Vienna, and Berlin, should live in such style and manner, at their respective courts, as they may find suitable and necessary to support the dignity of their public character; keeping an account of their expences, which shall be reimbursed by the Congress of the United States of America:

That, besides the actual expences of the commissioners, a handsome allowance be made to each of them, as a compensation for his services:

That the commissioners at the other courts in Europe be empowered to draw bills of exchange, from time to time, for the amount of their expences upon the commissioners at the court of France.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, MAY 8, 1778

A letter, of the 7, from James Mease, Esq cloathier general, enclosing a letter of 20 March last, from Raymond Demeré, was read, soliciting the payment of sundry bills of exchange, drawn by the said Demeré:1

Ordered, To lie on the table.

A letter from Mons. Francey, was read:

Ordered, That it be referred to the Board of Treasury. The committee to whom was referred a letter from the Board of War, respecting the contracts of Colonel Mark Bird, for casting cannon, report, "That they agree in opinion with that Board, that he ought to be allowed ten pounds Pensylvania currency, per ton, more than the original contract with the cannon committee, in consideration of his loss sustained by the additional quantity of

1The letter of Mease is in the Papers of the Continental Congress, No. 78, XV, folio 329; that of Demeré is in No. 78, XV, folio 323.