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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 --WEDNESDAY, OCTOBER 21, 1778
The committee to whom were referred the letter from David Franks, &c. brought in a report; and,
The letter from David Franks, Esq. commissary of British prisoners, to Moses Franks, Esq. of London, enclosed, under cover to Captain Thomas Moore, of General Delancey's regiment, being read; Thereupon,
Resolved, That the contents of the said letter manifest a disposition and intentions inimical to the safety and liberties of the United States; and that Mr. Franks, having endeavoured to transmit this letter by stealth within the British lines, has abused the confidence reposed in him by Congress, to exercise within the jurisdiction of these states the office of commissary to the British prisoners.
Resolved, That General Arnold be directed to cause the said David Franks forthwith to be arrested, and conveyed to the new gaol in this city, there to be confined till the further order of Congress.
Resolved, That David Franks, Esq. be not, after the 10th day of November next, permitted to exercise, directly
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or indirectly, the office of commissary to the British prisoners within the jurisdiction of the United States.
Resolved, That General Washington be directed to transmit a copy of these resolutions to Sir Henry Clinton, and to inform him, that Congress desire he will nominate a proper person who, having received their approbation, may exercise the office of commissary to the British prisoners.
Ordered, That the committee sit again, and consider by what process it may be proper to take cognizance of Mr. D. Franks's offence.1
[Note 1: 1 This report, in the writing of William Duer, is in thePapers of the Continental Congress, no. 19, II, folio 319.]
Ordered, That 5000 dollars be advanced to Mr. President, for the purpose of paying expresses,and other incidental charges and expences, he to be accountable.
A letter, of 19, from Mr. J. Beatty, commissary of prisoners, enclosing a letter of 14, from Joshua Loring, of New York, was read, desiring to know the pleasure of Congress, whether he shall comply with Mr. Loring's application, for Lord Balcarras, and Captain Strangeways, both officers of the convention, to be permitted, on parole, to go and reside in England, in exchange for two American officers, who are suffered, on parole, to reside at their own homes;2 Whereupon,
[Note 2: 2 The letter of Beatty is in thePapers of the Continental Congress, No. 78, III, folio 201]
Resolved, That the commissary general of prisoners be informed, that Congress do not approve of partial and parole exchanges; but that they are willing to make a general exchange of officers, whether of the convention or otherwise, as far as number and ranks will apply.
A memorial from Mens. de Vrigny, was read, representing, that the term of his furlough from the court of France being expired, he is under the necessity of resigning his commission;3 Whereupon,
[Note 3: 3 This memorial is in thePapers of the Continental Congress, No. 78, XXIII, folio 145.]
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Resolved, That his resignation be accepted.
Ordered, That so much of the said memorial as relates to pay and rations due to Mons. de Vrigny, be referred to the Board of Treasury.
Ordered, That a copy of the said memorial be sent to General Washington, and that he be empowered and directed to give Mons. de Vrigny such certificate and testimonial as his zeal and services may have entitled him to.
A memorial from the Baron de Randerode de Thuillieres, a native of Lorain, accompanied with sundry papers, was laid before Congress, and read:1
[Note 1: 1 This memorial, dated October 21, is in thePapers of the Continental Congress, No. 41, X, folio 25.]
Ordered, That the same be referred to the committee on the memorial from Marquis de Britigny.
A representation from the State of New Jersey, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. G[ouverneur] Morris, Mr. [Nathaniel] Scudder, and Mr. [John] Witherspoon.
Resolved, That a committee of three be appointed to prepare a plan for procuring reinforcements of men to supply the places of those whose times of service will expire in the winter:
The members chosen, Mr. [William] Duer, Mr. [Roger] Sherman, and Mr. R[ichard] H[enry] Lee.
Resolved, That General Washington be directed to inform Congress of the progress which has been made in re-inlisting the army in consequence of the resolution of the 8 September.
The committee to whom was referred the letter from the Major General the Marquis de la Fayette, brought in a report; Whereupon,
Resolved, That the Marquis de la Fayette, major general in the service of the United States, have leave to go
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to France; and that he return at such time as shall be most convenient to him.
Resolved, That the President write a letter to the Marquis de la Fayette, returning him the thanks of Congress for that disinterested zeal which led him to America, and for the services he hath rendered to the United States by the exertion of his courage and abilities on many signal occasions.
Resolved, That the minister plenipotentiary of the United States of America at the court of Versailles, be directed to cause an elegant sword, with proper devices, to be made and presented, in the name of the United States, to the Marquis de la Fayette.
The committee also reported the draught of a letter of recommendation of the Marquis to his most Christian Majesty the king of France, which was agreed to.
The same committee having been appointed to prepare a letter of credence, to his most Christian Majesty notifying the appointment of Benjamin Franklin, Esq. to be the minister plenipotentiary of these states at the court of France, and also the draught of instructions to the said minister, brought in a draught of the letter, which was agreed to.
To our great, faithful, and beloved friend and ally, Louis the Sixteenth, king of France and Navarre.
Great, faithful, and beloved friend and ally,
The principles of equality and reciprocity on which you have entered into treaties with us, give you an additional security for that good faith with which we shall observe them, from motives of honour and affection to your majesty.
The distinguished part you have taken in the support of the liberties and independence of these states cannot but
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inspire them with the most ardent wishes for the interest and glory of France.
We have nominated Benjamin Franklin, esquire, to reside at your court, in quality of our minister plenipotentiary, that he may give you more particular assurances of the grateful sentiments which you have excited in us, and in each of the United States. We beseech you to give entire credit to every thing which he shall deliver on our part, more especially when he shall assure you of the permanency of our friendship. And we pray God, that he will keep your majesty, our great, faithful, and beloved friend and ally, in his most holy protection.
Done at Philadelphia, theday of October, 1778. By the Congress of North America, your good friends and allies.
(Signed)H. L.President.
Attest.
C. T.Secretary.1
[Note 1: 1 This letter, in the writing of Gouverneur Morris, is in thePapers of the Continental Congress, No. 25, I, folio 35.]
They also brought in a draught of instructions, which were taken into consideration: Whereupon,
A motion was made to strike out the word "protection," and instead thereof to insert the words "further assistance;" and the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative.
A motion was made to expunge the last clause, of 1st. instruction; viz. "You are farther to assure him, that they consider this speedy aid not only as a testimony of his Majesty's fidelity to the engagements he has entered into, but as an earnest of that protection which they hope from his power and magnanimity, and as a bond of gratitude to the union founded on mutual interest."
And on the question to agree to that clause, the yeas and nays being required by Mr. [Henry] Marchant,
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So it was resolved in the affirmative.
Adjourned to 10 o'Clock to Morrow.
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