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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 8, 1779
A letter, of this day, from Thomas Paine, was read, resigning his office of secretary to the Committee of Foreign Affairs, and in which are the following words, "finding by the journals of this house of yesterday that I am not to be heard,"3 &c. Whereupon,
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 55, folio 9.]
A member desired to be informed how Mr. Paine had acquired that knowledge, and the secretary was desired to inform the House whether Mr. Paine had access to the journal; the secretary answered, that Mr. Paine had not seen the journal of yesterday, nor had any other person had access to it since the last adjournment, as he had himself taken it home last night, and brought it with him to Congress this morning, so that even the clerks in the office had not seen the minutes of yesterday, and that since the last adjournment he had not seen Mr. Paine, nor communicated the proceedings of Congress to any person whatever.4
[Note 4: 4 On folio 21, in the writing of Charles Thomson, is the following preamble: "Whereas it appears to the satisfaction of this house that Mr. Paine had no access to the journal, and that his letter of [] was grounded upon information from a member of this house, Resolved,"]
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A motion was then made, that Mr. Thomas Paine, secretary to the Committee of Foreign Affairs, be directed immediately to attend at the bar of this house, to answer to certain questions respecting the contents of his letter to the President of Congress of this day.1
[Note 1: 1 This motion, in the writing of Meriwether Smith, is in the Papers of the Continental Congress, No. 36, IV, folio 127. It is noted by Thomson as "seconded and supported by Mr. Laurens."]
After debate, a substitute was moved as follows:
That the members of this house be separately examined by the President on their honour, whether they have communicated the resolutions of yesterday to Mr. Thomas Paine, and if so, in what manner they have made such representation.2
[Note 2: 2 This motion, in the writing of Eliphalet Dyer, is in the Papers of the Continental Congress, No. 36, IV, folio 127.]
After debate, when the question was about to be put, Mr. Laurens arose and declared that he had informed Mr. Paine that a motion had been made for hearing him to morrow at eleven o'Clock, which had been seconded; that the yeas and nays had been taken thereon, and passed in the negative: and that he referred him to Mr. Thomson for a sight of the journal, which would inform him more certainly; and he was persuaded Mr. Thomson would readily show him the journal.3
[Note 3: 3 This statement, in the writing of Henry Laurens, is in the Papers of the Continental Congress, No. 36, IV, folio 125. A summary of the proceedings of this day, in the writing of Thomas Burke, with interlined phrases by William Henry Drayton, is in the Papers of the Continental Congress, No. 36, IV, folio 129, and is as follows:
"Resolved That the following facts happened on friday last, upon the reading of the letter from Thomas Payne wherein are the following expressions, 'Finding by the Journals of this House of yesterday, that I am not to be heard.'
"A member desired to be informed how Mr. Payne had acquired that Knowledge and the Secretary was desired to answer whether he had access to the Journals the Secretary declared that no person had access to the Journals since the last adjournment.
"It was then moved that every member declare, whether he gave any Intelligence to Mr. Payne relative to the proceedings of yesterday; and, if any was given, what that Intelligence was. Whereupon the Hon. Henry Laurens, Esqr. declared that he had related to Mr. Payne from his memory, as nearly as he could, the proceedings which related to him; but at the same time referred him to the Journals for certainty; and that he had not told Mr. Payne that he was not to be heard."]
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Resolved, that the Journals of this House contain no Determination of Congress denying to Mr. Thomas Paine a Hearing.1
[Note 1: 1 A motion, in the writing of John Jay, in the Papers of the Continental Congress, No. 55, folio 25.]
Resolved, That Congress, by their resolution of the 7th. Inst. did not intend, nor is it to be understood they meant to preclude Thoms. Payne from the privilege of being heard in his defence, upon the matters alledged against him, previous to their passing any final resolution thereon;2 especially, as said resolution of the 7th. passed in the negative from considerations of propriety on a point of order. And that the President in the name of Congress be directed to ask pardon of Mr. Payne for having offended him.3
[Note 2: 2 It was first proposed to add the following: "and that the Assertion contained in the letter of the said Thomas Payne of yesterday is false and groundless," but the words are struck out.]
[Note 3: 3 This last phrase is in the writing of Gouverneur Morris. This motion, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 36, IV, folio 105a.]
Adjourned to 10 o'Clock to Morrow.
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