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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, JANUARY 2, 1778
A letter and memorial from the Chevalier Armand de la Rouerie were laid before Congress, ∥and read:∥
Ordered, That they be referred to the Board of War.
A letter, from Chevalier de Roche Fermoy, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, IX, folio 153.]
Ordered, That it be referred to the delegates of Massachusetts Bay.
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Congress having no further occasion for the service of Esek Hopkins, Esqr. who, on the 22 December, 1775, was appointed commander in chief of the fleet fitted out by the Naval Committee,
Resolved, That the said Esek Hopkins, Esqr. be dismissed from the service of the United States.
Three o'Clock, p. m.
Congress took into consideration the resolutions agreed to in a committee of the whole Congress, on the report of the committee.
The first resolution being read the following amendments were agreed to: Dele the words "to be"; after "warranted by" insert "the just construction of"
d[ele] "it betrays a disposition of availing himself of such declaration," and insert instead thereof, "it affords a strong indication of his intention to, and just grounds of fear that he will, avail himself of such pretended breach of the convention."
A division of the resolution was called for;
And the question being put on the first part as amended,
Resolved, in the affirmative N. C. D. That the charge made by Lieutenant General Burgoyne in his letter to Major General Gates of the 14 November, of a breach of public faith on the part of these states, is not warranted by the just construction of any article of the convention of Saratoga; that it is a strong indication of his intention, and affords just grounds of fear that he will avail himself of such pretended breach of the convention, in order to disengage himself and the army under him of the obligations they are under to these united states, and that the security which these states have had in his personal honor is hereby destroyed.
It was moved to amend the latter clause
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In the second clause dele "hitherto".
The yeas and nays being required and the question put on the second part of the resolution:
{table}
So it was resolved in the affirmative.
The second resolution was then read, and the following amendments made; dele "himself", and insert "Lieutenant General Burgoyne"; after "troops", dele "shall"; after "convention" add "of Saratoga"
After debate,
Resolved, That the consideration thereof be postponed till to Morrow.
Adjourned to 10 o'Clock to Morrow.
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