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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 --SATURDAY, APRIL 11, 1778
A letter, of the 2, from Governor Henry, of Virginia, was read, enclosing instructions to Mr. Hawkins, whom he has appointed to purchase live stock and meat for the army:
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [Francis Lightfoot] Lee, Mr. [William Henry] Drayton and Mr. [Nathaniel] Scudder.
Ordered, That Mr. [Joseph] Reed have leave of absence for a few days, to remove his family to a place of security.
Ordered, That Colonel Cox, assistant quarter master general, employ a deputy to attend Congress, and procure good stables and provender for their horses, and proper persons to take care of the same; and that he receive from each member his just proportion of the expence.
A motion was made, that the minute made by the Secretary last evening, relative to the manner in which Congress was prevented from proceeding on business, be entered on the journal as of last evening.
Whereupon it was moved, that the consideration of this matter be postponed to Monday next. And the yeas and nays being required:
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[Note 1: 1 The manuscript journal has Wolcott; but the printed (secret) journal has Dyer.]
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So it passed in the negative.
The minute being read and amended,
Ordered, That the same, as amended, be entered on the journal as of last evening.
Ordered, That Mr. [Thomas] Burke be furnished with a copy of the minute relative to the manner in which Congress was last evening prevented from proceeding on business; and that he be allowed till Monday next to answer.
Mr. [Thomas] Burke having, in the course of the debate this morning, upon his conduct last evening, declared, "That he will not submit to a tyranny of a majority of this Congress, which would keep him here at unreasonable hours; that he wished to know the power of Congress over their members; that he will attend at times he thinks reasonable, but will not attend at times he thinks unreasonable, unless by force on his person." He admitted the answer reported by the messenger; but, that on his absence last evening, the members ceased to be a body, and therefore he was guilty of no rudeness to Congress; and if he was guilty of an affront, it was to individual members, and required another kind of an apology; that he was not convinced he had done any wrong; was not disposed to make any kind of apology; and if he had been guilty of improper behaviour, he will answer to his State. That he was yesterday evening unwell, and not able to attend without prejudice to his health.
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Ordered, That Mr. [Thomas] Burke be furnished with a copy of the foregoing expressions, used by him in the course of the debate, and minuted; and that he be allowed to Monday next to answer thereto.
Ordered, That Mr. [Daniel] Roberdeau have leave of absence.
Four o'Clock, p. m
A letter, of 2, from Governor Trumbull, was read:
A letter, of 3, from Joseph Trumbull, Esq. late commissary general, was read:1
[Note 1: 1 The letter from Governor Trumbull is in the Papers of the Continental Congress, No. 66, I, folio 386.]
Ordered, That it be referred to the Board of Treasury.
A letter, of 30 March, from Colonel Thomas Dyer, was read, repeating his request to have leave to resign his commission on account of his indisposition:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, VII, folio 175.]
Ordered, That his resignation be accepted.
A bill drawn by Samuel and Robert Purviance was presented to Congress for payment:
Ordered, That it be referred to the Committee of Commerce.
Resolved, That three members be added to the Committee of Commerce:
The members chosen, Mr. [William Henry] Drayton, Mr. [William] Duer and Mr. [Oliver] Wolcott.
The Committee on the Treasury brought in a report; Whereupon,
Resolved, That five millions of dollars be emitted in bills of credit, on the faith of the United States:
That the number and denomination of the bills be as follows:
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That new cuts be used for striking off and printing:
That the form of the bills be as follows:
No.Dollars.
This bill entitles the bearer to receiveSpanish milled dollars, or the value thereof in gold or silver, according to a resolution passed by Congress, at York, 11 April, 1778.
That each denomination or class of bills be numbered from number one progressively:
That the thirteen United States be pledged for the redemption of the bills of credit now ordered to be emitted:
That all powers and duties of Michael Hillegas, Esq. and of the inspectors of the press, signers and printers of the last emission, shall extend to the said five millions now to be emitted, subject, however, to such directions and instructions as the Board of Treasury may judge expedient.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 217.]
The Committee on the Treasury brought in a farther report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of the Marine Committee, for 10,000 dollars, to be transmitted to William Smith, Esq. at Baltimore, for the purchase of flour and iron for the use of the navy in the eastern department.
That another warrant issue on the treasurer in favour of the same committee, for 800 dollars, in part payment of wages due Daniel Stoddard, master builder of the frigates in Virginia.
That a Warrant issue on William Armistead, Esq. commissioner of the Loan Office in the State of Virginia, in favor of the Marine Committee, for Eight Thousand Dollars, for the use of Messrs. Maxwell and Loyall, superintendants of the frigates building in Virginia, all which sums, amounting to Eighteen Thousand Eight Hundred Dollars are to be charged to the said Marine Committee.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 215. Against the last paragraph Laurens wrote: "Postponed by desire of the Marine Commitee, 11 April,"]
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The member from North Carolina [Thomas Burke] having offered a paper to Congress, as his answer to the charge against him, a debate thereon ensued, in which the same member, having made use of expressions which were deemed exceptionable, as charging Congress with a combination against him, he was called to order; whereupon he said, "I do believe, that that gentleman from New York and others, are in a combination against me in this business." These words being taken down, and read by the President, the member from North Carolina acknowledged they were truly taken down.
Mr. President: I received the proceedings of the house with respect, and (protesting that until the laws of the State I represent shall expressly declare the contrary, I shall hold myself accountable for my conduct in Congress to that State, and no other power on earth,) I shall use the freedom which according to my idea belongs to a Republican, and a representative of a Sovereign people in the answers I shall make. I consider the minutes of the loth of April as a charge of a breach of order in the thing, and a contempt in the manner. I admit that withdrawing without the permission of Congress is a breach of order, and I hold that no member can deny his personal attendance at reasonable hours or even his sentiments on any question debated before him, except by special leave of the house, without incurring the penalties on misbehavior in office, and I have only to alledge in excuse that I had so uniformly observed the members of Congress withdraw themselves at pleasure from attendance on Congress, and without reprehension, that I thought it not improper to use a liberty which had been denied, as I conceived, to no other member, when I deemed the subject of too much importance to be debated and determined, at a time when the faculties of the members were tired by the attendance of a whole day, and when my own particular indisposition rendered me incapable of giving that attention which I thought my duty to my constituents required.
As to the manner, I am not conscious of having intended a contempt. I did not, nor do I now admit that less than nine States can make a Congress. I understood not that the message came from the President, but deemed that it came from Colonel Duer, whose name the messenger particularly mentioned, from whom he delivered a private message to the delegate from Georgia, requesting his company as a
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favor, and to whom I intended my words should be conveyed. Before my departure, I heard Mr. Lovell from Massachusetts say to the House, "there is no further occasion to call the states, this declaration is decisive;" in which I thought the House acquiesced, and that the adjournment was compleat. The Delegates from Georgia, who always answered the last in order, accompanied me under the same persuasion. With respect to the minutes of the eleventh, protesting that as a delegate representing a free and sovereign people, I am entitled to entire freedom of debate, I say that the expressions minuted were accompanied with and explained by other expressions not minuted, which declared my sense to be, that Congress have a power so far as to enforce the attendance of the members, that if the hours of attendance were ascertained by Congress I would punctually attend but if not I must use my own judgment at the risk of any consequent punishments as to the time being reasonable when my presence is required; that I am at all times ready and willing to submit my conduct and opinions to my constituents, in whose justice I have the firmest confidence, and to whom I owe as a duty, to prevent, if I can, the decision of important matters, when members cannot duly attend them, that conviction of error always did, and always shall precede concession with me.
That (abstracts [apart] from the breach of order under consideration which I meant not to justify, but excuse) my general political opinions were, that undue or unreasonable exercise of any power tho' lawful power, is Tyrranical, and that no freeman is bound to submit to it. That every freeman must use his own judgment on it before he determines to disobey, for until he does disobey there can be no subject for any other judgment and it remains for his Country to decide whether he is mistaken or not, and if he is, he incurs the penalties provided by Law.
That it is Criminal in members of Congress to withhold their attendance when the public safety requires it, but that they are to be judged and punished by the Laws of the State they represent, and no other power.
These sentiments however expressed, I avow, and as to the language, I know no obligation I am under to use a courtly Stile. My expressions are usually what first occur and in this instance were not intended to offend.
I shall only add that I mean not by any thing I have here said to submit myself to any Jurisdiction, but that of the State I represent, such submission being in my Idea injurious to the majesty thereof;
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nor do I mean to forego any of my own rights as a citizen entitled to the benefit of the Laws and Constitution of the free State of North Carolina.
Thomas Burke.
The above writing I compared with Mr. Burke's defence and it contains the express words spoken or read by him in Congress. Witness by my hand. Corn. Harnett. York, April 13th, 1778.1
[Note 1: 1 North Carolina Colonial Records, 13, 87.]
War Office, April 11, 1778.
Present, General Gates, General Mifflin, Colonel Pickering, and Mr. Peters.
Agreed to report to Congress:
Resolved, That a committee be appointed to confer with Colonel William Butler relative to the state of fort Pitt, and the troops employed there and in the neighbouring country; also concerning the magazines of provisions laid up in different places by Colonel George Morgan.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, II, folio 7.]
Adjourned to 9 o'clock to morrow [on Monday].
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