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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 --MONDAY, SEPTEMBER 14, 1778
A letter, of 8, from James Johnston, was read, returning thanks for the honor done him in appointing him an auditor of accounts in the army; also one, of the same day, from Messrs. Clark and Johnston, auditors, was read.
A letter, of 8, from Brigadier Wayne, and one, of the 7th, from the field officers of the 1st Pensylvania regiment, were read, requesting that the Rev. Robert Blackwell, chaplain of the first Pensylvania brigade, be continued surgeon to the regiment aforesaid:
Ordered, To lie on the table.
A letter, of 13, from Baron d'Arendt, was read:1
[Note 1: 1 The letter of Johnston is in thePapers of the Continental Congress, No. 78, XIII, folio 93; that of Clark and Johnston is in No. 78, V, folio 205; that of Wayne is in No. 161, folio 333, and the Pennsylvania officers' letter, on folio 217. The letter of Arendt is in No. 78, VII, folio 209.]
Ordered, That it be referred to the Board of War.
A letter, of 11, from Mr. S. Deane, was read.
Congress proceeded to the election of a minister plenipotentiary to the court of France, and the ballots being taken,
Dr. Benjamin Franklin was elected.
Resolved, That a committee of five be appointed to prepare a letter of credence to his most Christian majesty, notifying the appointment of Dr. Franklin, minister plenipotentiary of these States at the court of France:
That the said committee also prepare a draught of instructions to the minister plenipotentiary:
The members chosen, Mr. G[ouverneur] Morris, Mr. [Samuel] Chase, Mr. [William Henry] Drayton, Mr. S[amuel] Adams, and Mr. R[ichard] H[enry] Lee.
Ordered, That the letters of credence, received through the hands of the minister of France and the Count d'Estaing, be referred to the said committee.
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Congress took into consideration the letter from Mr. Deane, and after some time spent thereon,
Ordered, That the further consideration thereof be postponed.
Three o'Clock, p. m.
A letter, of 11, from Colonel Beatty, commissary general of prisoners, was read:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 78, III, folio 181. The letter of Wadsworth is in No. 78, XXIII, folio 561.]
Ordered, That so much of the said letter as relates to John Connolly, be referred to the Board of War, and what relates to the exchange of French prisoners, be referred to the Marine Committee.
A letter, of 6, from Colonel J. Wadsworth, at Baltimore, was read:
Ordered, That it be referred to the committee on the memorial from Colonel Blaine and the letter from H. Hollingsworth.
The Marine Committee laid before Congress a letter of 2, from J. Bradford, which was read, informing of the arrival of the brigGeneral Gates and her two prizes, the schoonerPolly and brigMontague, and of the death of Captain Skimmer, commander of theGeneral Gates, who was killed in an engagement with theMontague, and leaving a widow with eleven children, only two of them able to provide for themselves:
Ordered, That it be referred to the Marine Committee, and that they be directed to report what provision, in their opinion, ought to be made for the widow and children of Captain Skimmer.
Congress took into consideration the letter of the 11, from John M'Kinley, Esq. late president of the State of Delaware, soliciting to be exchanged for William Franklin,
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Esq. and the minutes of the privy council of the State of Delaware: Whereupon,
A motion was made ∥to resolve,∥
"That Congress consent to the exchange of William Franklin, Esqr. late governor of New Jersey, for John M'Kinley, Esq. late president of the State of Delaware, agreeable to the proposition of General Sir Henry Clinton:"
In lieu of which the following resolution was moved by way of amendment:
Whereas Hugh Wallace, Esq. one of the counsel under the crown of Great Britain, of the late colony, now State of New York, was, amongst other persons in the said State, disaffected to the liberties of America, made prisoner by General Washington, Commander in Chief of the army of the United States, with the concurrence of the legislature of the State of New York, and sent under his parole into the State of Connecticut; and whereas, the said Hugh Wallace having been permitted by his Excellency Jonathan Trumbull, Esq. governor of the State of Connecticut, to go into the city of New York on his parole, to return when demanded by him or General Washington, has, on a requisition made by General Washington to the said Hugh Wallace to return and surrender himself agreeably to his parole, refused to comply with the same, and has been countenanced in such refusal by the officer commanding in New York. Inasmuch, therefore, as it is essentially necessary to the prosecution of this war upon equal principles, that measures should be adopted for compelling persons who are prisoners under parole within the lines of the enemy, and who refuse to return, to abide by those principles of good faith and personal honour, which are observed by those who are permitted to return on their parole within the American lines:
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Resolved, that John M'Kinley, Esq. late president of the State of Delaware, who has been made prisoner by the British forces, ∥and who∥ has been permitted to return on parole within the American lines, in order to solicit an exchange for William Franklin, Esq. late governor of New Jersey, be not permitted to return within the British lines, in order to surrender himself on his parole, till such time as the said Hugh Wallace, Esq. shall surrender himself on his parole to General Washington, or be exchanged for the said John M'Kinley, Esq. and all officers in the service of the United States are hereby ordered not to suffer the said John M'Kinley to pass within the enemy's lines.
On which amendment, the yeas and nays being required by Mr. [William] Duer,
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So it passed in the negative.
The question being then divided, and, the yeas and nays being required by Mr. [William] Duer, so far as respects the exchange of W. Franklin,
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So it was resolved in the affirmative.
A motion was then made ∥in the second clause∥ to strike out the words "John M'Kinley, Esq. &c." to the end of the sentence, and insert "Brigadier W. Thompson;" and the yeas and nays being required by Mr. [William] Duer,
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So it passed in the negative.
On the question put to agree to the latter clause, resolved in the affirmative.
A letter, of 12, from General Washington, enclosing the copy of one of 10th, from Major General Sullivan, was read.1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, VI, folio 351.]
Adjourned to 9 o'Clock to Morrow.
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