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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, APRIL 24, 1778
A letter of 20, from General Greene, quarter master general, was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 155, I, folio 63.]
The Committee on the Treasury brought in a report: Whereupon,
Ordered, That a warrant issue on Joseph Borden, Esq. commissioner of the continental loan office in the State of New Jersey, for 50,000 dollars in favor of Major General Greene, quarter master general, for the use of his department; he to be accountable:2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II folio 245.]
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That 30,000 dollars be paid to the delegates of Maryland, to be by them transmitted to the governor and council of that State, for the purpose of recruiting their quota of continental troops; the said State to be accountable.1
[Note 1: 1 This report, dated April 23, is in the Papers of the Continental Congress, No. 136, II, folio 243.]
Resolved, That the Board of War be directed to take the most expeditious measures for transporting the public provisions and stores from the southern states, across Chesapeake Bay or otherwise:
That it be recommended to the governments of the State of Maryland and of Virginia, to permit the armed gallies belonging to their respective states, to be employed for the purpose above mentioned, at the continental expence; and that the whole of the vessels so employed, be put under the command of a continental officer, in order to prevent any ill consequences which may arise from a disputed command betwixt the state officers:
That it be recommended to the government of the State of Pennsylvania, to furnish the Board of War with as many sailors now employed in the service of their State as they can spare, for the purpose of manning the Maryland and Virginia gallies, to be employed in Chesapeake Bay:
That the Marine Committee, and the Committee of Commerce, be directed to co-operate with the Board of War in manning the gallies above mentioned.2
[Note 2: 2 This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 19, V, folio 353.]
Mr. [Thomas] Burke, a member from North Carolina, moved, as his right, to return an answer in writing to the charges against him for his conduct and expressions which gave offence to the house, and that his answer be entered on the journal.
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On the question put, Whether it is the right of the member to return his answer in the manner demanded, and whether it shall be entered on the journal,
Resolved in the negative.
Resolved, That Mr. [Thomas] Burke be heard in his place.
Mr. [Thomas] Burke being heard, and sundry witnesses examined relative to the sending the messenger, and the delivery of the message, &c. which passed out of Congress,
A motion was made on the conduct and expressions of Mr. [Thomas] Burke:
Resolved, That the same be referred to a committee of three.
The members chosen, Mr. [Samuel] Chase, Mr. [Francis] Dana, and Mr. [William Henry] Drayton.
In Congress, April 24, 1778.
Mr. Burke member for North Carolina, moved as his right to return an answer in writing to the charges against him for his conduct and expressions which gave offence to the house, and that his answer be entered on the Journal.
Whereupon a question was put, whether it is the right of the member to return his answer in the manner demanded and whether it shall be entered on the Journal.
Resolved in the negative.
Resolved, That Mr. Burke be heard in his place.
Mr. Burke having finished,
The messenger of Congress was called in, and being sworn by the president says:
"That on or about the 10th of this month, the secretary desired him to go and summon Mr. Burke and Mr. Langworthy to attend. That he went to Mrs. Moore's where he found both the gentlemen together, and addressed them in these words:
"Gentlemen, your attendance is desired in Congress."
Mr. Burke replied, "Devil a foot will I go to night."
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He then addressed Mr. Langworthy in particular.
Mr. Langworthy said, "I do not know whether I will go. Who sent you." To which the messenger replied, "The Secretary."
Mr. Burke then said, "It is too late and too unreasonable."
QUESTIONS
Q. Did you go a second time? A. Yes.
Q. Who sent you? A. I am not certain whether Mr. Duer and the secretary were together, but I think I was sent, at the desire of a particular member; I think Mr. Duer to Mr. Langworthy.
Q. Did Mr. Duer deliver any message to you the first time to carry to Mr. Burke? A. I do not remember.
Q. Did the secretary go out and call you into this room? A. No.
Q. Did the president deliver any message to you? A. No.
Q. Did you return an answer to the president? A. Yes.
Q. When you went to Mr. Burke, did he ask you who were in Congress ? A. I am not certain.
Q. Did you understand that the message delivered to you by the secretary to be a message from Congress? A. Yes.
Q. Did you think that the gentlemen received the message as from Congress. A. I did.
QUESTION BY MR. BURKE
Q. Do you recollect saying, "They are all there, Mr. Duer in particular?" A. I am not positive.
What message did you bring to Mr. Langworthy the second time?
Ordered that the messenger withdraw.
Resolved, That the last question is not proper.
The messenger called in.
His deposition with the questions and answers were read to him, to which he assented. Ordered to withdraw.
Mr. Burke desired that Mr. Langworthy be called on to give evidence.
Mr. Langworthy sworn, says, When Mr. Patton, the messenger opened the door, he said the gentlemen desired our attendance. Being apprehensive Congress was adjourned, I asked, What Gentlemen Who sent you? He said, "The Secretary." And, if I remember right, he added, "Mr. Duer." I also said, Surely the Congress cant be sitting now. I do not know whether I shall go, or no. I asked
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him if there was a Congress. He said he did not know. He believed there might. On which I told him, I will come presently. The other circumstances are nearly the same as the messenger related. I must confess I did not receive it as a message from Congress. I had no conception of it.
QUESTIONS
Q. Did the messenger come twice to you that evening? A. Yes.
Q. When you asked whether there was a Congress, was it in the hearing of Mr. Burke? A. He was in the same room and I apprehend he might have heard it.
Q. From whom was the second message delivered? A. The messenger called me out and delivered it in private as from Mr. Duer. apprehended it to be a private message from Mr. Duer.
QUESTIONS BY MR. BURKE
Q. Did you understand the first message as coming directly or indirectly from the president ? A. I did not.
Q. From whom did you suppose the message came? A. I really thought it some news or some private business after Congress adjourned.
Q. At whose instance did you suppose the messenger came? A. At Mr. Duer's and some other gentlemen.
Q. by another member. What induced you to think Congress adjourned? A. I had a cold and did not hear well. But thought that the question for adjournment was put to every state, and that all answered, and that Congress was adjourned. And under that apprehension I went out.
Q. Did you not know that when Mr. Burke and you were absent there were not nine states left? A. Yes.
Mr. Duer was called upon by a member from Massachusetts bay to give evidence.
Mr. Duer sworn. Questions. Did you on the evening of the 10, send a message to Mr. Burke and Mr. Langworthy or either of them? A. I sent a private message to Mr. Langworthy after the messenger returned and delivered the answer from the gentlemen and desired him particularly to come. I also think I mentioned something to the secretary the first time. I do not particularly remember it. I suppose the secretary can recollect it. I delivered the message myself to the messenger when he went the second time.
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The secretary, sworn, says
When the order passed I went out to send the messenger for the members. Mr. Duer followed me and at the door desired me to send a message in his name to Mr. Langworthy and desire him to come. I delivered the order of the house to the messenger.
As he was going down the steps, I told him he might tell Mr. Langworthy that Mr. Duer desired him to come. I did not know that the messenger was sent a second time.
After the witnesses were examined, and a question called for on the whole business.
Mr. Burke arose and said, I protest against submitting to any jurisdiction but that of the state I represent.
A motion being made that the words be taken down,
Mr. Burke arose and again repeated the words with this addition, "except so far as the power of Congress to compel my attendance at reasonable hours."
A motion was then made on the conduct and expressions of Mr. Burke:
Resolved, That it be referred to a committee of three.
The members chosen, Mr. Chase, Mr. Dana and Mr. Drayton.1
[Note 1: 1 This account, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 78, II, folio 477.]
Adjourned to 9 o'Clock to Morrow.
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