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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, FEBRUARY 24, 1779
A letter, of 7th November, 1778, from Benjamin Franklin, A. Lee, and J. Adams, commissioners of the United States at Paris, was read,1 enclosing copies of letters that passed between the said commissioners and Mons. de Sartine, minister of the marine in France, relative to the recapture of a French vessel by the General Mifflin privateer, Captain Daniel M'Neil; copies of letters between them, the said commissioners, and Mons. Count de Vergennes, relative to a negotiation to be made with the Barbary states; and also, copy of a letter from the ambassador of Naples, to the commissioners, informing, that the king his master has opened his ports to the flag of the United States of America, and desiring at these times when the sea is covered with the privateers of different nations, and also with pirates, to know the colours of the flag and the form of the sea-papers; together with a copy of the commissioners' answer:
[Note 1: 1 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton), II, 830.]
Ordered, That so much of the said letter and papers enclosed as relates to the re-capture of the French vessel by Captain M'Neil, be referred to the Committee on Appeals.
Ordered, That the Marine Committee be directed to deliver to the court of appeals the report of the sub-committee appointed by them to revise the articles respecting the legality of captures, &c.
Ordered, That the papers relative to a negotiation with the states of Barbary, be referred to a committee of three:
The members chosen, Mr. [William] Carmichael, Mr. [Thomas] Nelson, and Mr. [Thomas] Burke.
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Ordered, That the letter from the minister of Naples, and the commissioners' answer, be referred to the Marine Committee, and that the committee be instructed to report forms of proper commissions, ship papers, and the like, with the means of authenticating them, and of notifying the same to the several powers who shall be disposed to open their ports to the subjects of the United States.
On the instruction, the yeas and nays being required by Mr. [Thomas] Burke,
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So it was resolved in the affirmative.
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Ordered, That 47 receipts enclosed in the commissioners' letter, for money advanced by them, be referred to the Board of Treasury, and that they be directed to transmit to the Marine Committee and Committee of Commerce, such of them as may belong to those respective boards.
Mr. M[eriwether] Smith, a member of the Marine Committee for the State of Virginia, desiring to be excused from that service,
Resolved, That he be excused.
Congress proceeded to the election of members for the Marine Committee: Mr. R[ichard] H[enry] Lee was elected for the State of Virginia; Mr. [John] Fell, for the State of New Jersey; and Mr. [James] Searle, for the State of Pensylvania.
Resolved, That a member be elected for the Board of Treasury:
The member chosen, Mr. [Frederick] Frelinghuysen.
Resolved, That a member be added to the Committee of 13 on foreign affairs for Connecticut, in the room of Mr. [Oliver] Ellsworth:
The member chosen, Mr. [Eliphalet] Dyer.
A letter, of 31 January, from Colonel Hartley, president, and others, members of a court martial, recommending to mercy a certain Patrick Roach, a soldier of Colonel Hartley's regiment, condemned by the said court to suffer death for the crime of desertion:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XI, folio 889.]
Resolved, That the said Patrick Roach be pardoned.
Congress took into consideration the letter of 29 January, from the supreme executive council of Pensylvania, and the papers therein enclosed; Whereupon, it was moved,
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That, in the opinion of Congress, Major Clarkson ought to have attended the executive council upon their request of the 25 January, 1779, unless prevented by his military duties, or some other good and sufficient reason, in which case he ought to have assigned his reasons to the said council.
A motion was made, that the words "unless prevented, &c." to the end, be struck out:
And, on the question, that those words stand as part of the resolution, the yeas and nays being required by Mr. G[ouverneur] Morris,
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So it passed in the negative, and the words were struck out.
On the question put to agree to the resolution as amended, the yeas and nays being required by Mr. [Thomas] Burke and Mr. [James] Searle,
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A doubt being raised, whether one member can represent and give the vote of the State of Connecticut, the credentials of the delegates of that State, dated 21 October, 1778, were called for and read; and, on the question put,
Resolved, That, by the said credentials, not less than two can represent the State of Connecticut in Congress.
So, the states being equally divided, the question was lost.
Resolved, That the letter of the 27 January, 1779, from Major M. Clarkson, to the said council, contains indecent and improper expressions, which Congress do highly disapprove of.
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Resolved, That Congress will not countenance any military officer in disrespectful conduct to the civil magistracy.
Resolved, That the farther consideration of the subject be postponed till to morrow.
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