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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 --THURSDAY, APRIL 15, 1779
Mr. William Sharpe, a delegate from North Carolina, attended, and produced the credentials of his appointment, which were read, as follows:
State of North Carolina,
In the House of Commons, 4 Feby. 1779.
Mr. Person, one of the Committee appointed on the part of this House, to superintend the Balloting for a judge of the Superior Court, two Delegates, a Brigadier General for the District of Wilmington, a Councillor, and a place for holding the next Assembly at, Reported, that by a Majority of the votes of both Houses, Archibald McLean Esquire was elected a judge, Joseph Hewes and William Sharpe, Esquires, Delegates, Frederick Jones, Esq. Councillor, Alexander Lillington, Esq., Brigadier General, and that the next Assembly was to be held at New Bern.
The House taking the said Report into Consideration, Resolved that they do concur therewith.
By order,John Hunt, C. H. C.1
[Note 1: 1 The original is in the Papers of the Continental Congress, North Carolina, Credentials of Delegates.]
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A letter, of 7 March, from Major General Lincoln, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 158, folio 243.]
Ordered, That it be referred to the delegates of South Carolina, and that they confer with Major Meade and report thereon, and that a copy be referred to the Committee of Intelligence.
A letter, of 14, from J. Reed, president of Pensylvania, was read, enclosing a copy of the report of the joint committee and the consequent resolves passed by the legislative and executive authorities of the said State:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 69, II, folio 49. The report of the joint committee of the Pennsylvania Assembly touches so pertinently on the relation of Congress to the State that it is printed.
"The points stated by the Joint Committee of Council and Assembly, as comprized in their representation of the [] Instant to the Honble Continental Congress, and more fully opened to the Honble the Committee of that Body."The Joint Committee also cannot forbear noticing the reception of ex parte affidavits taken by General Arnold's Aid de camps, not merely to exculpate him but to convey insinuations upon other persons, not the subjects of any complaint, which however unintended to affect the character of others has not the appearance of fairness and candour."
- "1.The interference of the members of that Honorable Body in the internal affairs of this State, generally alledged as one cause of the unhappy disputes thereof, shown in particular instances by the proceedings of Messrs. Gouverneur Morris and [John] Harvie on the twenty fourth of January, 1778; and in the appearance of the former Gentleman, in a dispute between the contending parties of this State before the House of Assembly at their last session, to the great dissatisfaction of the inhabitants of Pennsylvania, who suppose the delegates of the United States sent here to attend the affairs of the common Union, not to advocate the measures of any party.
- "2. The inattention of that Honorable Body to the complaints of the State in publick abuses and indignities offered by their Officers to the authority of the State, and the want of redress of such abuses when laid before them, illustrated,
- "1st. In the case first mentioned, the Council having complained thro' their delegates of such interposition without effect.
- "2ndly. For that complaint having been made by the Council of Safety of the peat abuse of publick waggons by Robert Lettis Hooper, Jr. Deputy Quarter Master General, to the Board of War in January or February, 1778, that Board without giving any hearing to the Council to support their charge, heard Mr. Hooper's story, supported by ex-parte affidavits, and acquitted him, the Council then sitting at Lancaster, and the complainants and witnesses being in Northampton, seventy miles off unacquainted with any such proceeding.
"N. B. The papers respecting this point being in a committee of safety are not yet in the possession of this Committee, and not having obtained from the Board of War their proceedings, owing to the other business of that Board and the shortness of the notice, this matter is offered on memory.
- "3rdly. The said Hooper presuming upon this favourable reception, fell upon the Attorney General of the State who had ex officio drawn up the said representation and beat him; but not satisfied with this, wrote a letter to the Honble Gouverneur Morris, Esquire, a member of Congress on a committee sitting at the Valley Forge, boasting of said exploit, and that as he had horsewhipped the Attorney General, he proposed to go through with the Council and should not stop at the President of the State. Which letter was publickly shewn by the said Mr. Morris to the Commander in Chief and others. But being demanded by the delegate of Pennsylvania as a high Insult to the State, was refused upon the allegation of its being a private letter.
- "4thly. For that a Committee of Congress, consisting of Messrs. Witherspoon, G. Morris, and Reed, having been appointed on some letters of the late Quarter Master General, a well authenticated complaint was made supported by a number of affidavits that when the army at Valley Forge was in the most deplorable condition for want of food, and the means of transportation, a number of publick waggons, under the direction of the said Hooper, were sent to Boston drawing publick provisions and forage, carrying private property, vizt: bar Iron and flour, and returning with salt, sugars, and other merchandize, likewise private property. Upon which the Committee then consisting of Messrs. Witherspoon and Morris reported, that there was reason to believe the complaint was well founded, which report delivered last October, remained unnoticed a long Time, and yet does, for ought we can learn; and Mr. Hooper still continues an Officer of much employment under the United States.
- "5thly. For that in the most distressing situation of the frontiers last summer, Congress having been pleased to take measures for their relief, and the Secretary of Congress being possessed of necessary papers, he declared in indecent terms that he would not deliver them, until the Council should find a house for him to reside in. Upon which, Council having complained of the indignity as well as the injury, it was referred to a Committee and no farther notice taken thereof, or satisfaction given to this hour.
- "6thly. For that the Council of Pennsylvania having complained to Congress of the abuse of the publick waggons of this State, on the 25th January, by Major General Arnold, and requested to cause the said Officer's command, to cease in this State, as had been done in the case of other States, the said request was not granted, but the said General Arnold was permitted to continue therein, and insult the authority of the State in weekly publications, without any notice of Congress.
- "7thly. For that the Council having requested upon the exhibition of the said charge, that the said General Arnold might be detained within the State from which he was departing, till the said charge could be examined, Congress neglected or declined to pay any attention thereto, the said Council being wholly ignorant when the said Officer would return or whether ever.
- "8thly. For that a Committee of that Honorable Body having been appointed to examine into the said complaint, on the twenty sixth of January, they proceeded thereon, hearing the said General Arnold, and examining his witnesses without notice to the State, or giving any opportunity to cross examine the said witnesses, or hear the said defence; Whereas the State gave due notice as well to the said General Arnold as the said committee, of the time and place of examining witnesses, and Council attended on the part of General Arnold.
- "9thly. For that the said Committee delayed reporting on the said charge until the ... March Instant, Whereas on complaints from other States, redress had never been delayed beyond a few days.
- "10thly. For that this Council having sent papers to Congress respecting General Arnold, and tending to prove his culpability in the article of giving passes to disaffected persons, out of three papers delivered, two only could be recovered, the others having been lost by Mr. Duer the chairman of the committee to whom they were intrusted.
- "11thly. For that the Council in the execution of the resolves of Congress of the ninth of February and twenty first of August, 1778, having been opposed and indecently treated by the Officers of Congress and complaint made, no support, redress, or satisfaction hath been given
- "12thly. For that in the course of last summer, a delegate in Congress, from the State of New Jersey, appeared as an Attorney in behalf of John Roberts, then under a charge and since executed for High Treason
This paper is in the Papers of the Continental Congress, Miscellaneous.]
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Ordered, That the resolutions of Congress and of the general assembly and executive council of the State of
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Pensylvania passed by the recommendation of the late committees of conference, be published.
A memorial from the staff officers of the general hospital was read:
Ordered, That it be referred to the Medical Committee.
A petition of Major Solomon Bush was read:
Ordered, That it be referred to the Board of War.
The delegates of Virginia laid before Congress a letter of 29 March last, from J. Page, lieutenant governor of the said State, which was read:
Ordered, That it be referred to the said delegates, and that they report thereon.
A letter, of 27 February, from Major General Lincoln was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 158, folio 235.]
Congress resumed the consideration of the report of the committee appointed to take into consideration the foreign affairs of these United States, and also the conduct of the late and present commissioners of these states, wherein the committee report,
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for the courts of Vienna and Berlin, Mr. R. Izard, commissioner for the court of Tuscany: that Mr. J. Adams was appointed one of the commissioners at the court of France in the place of Mr. Deane, who had been appointed a joint commissioner with Dr. Franklin, and Dr. A. Lee, but that the said commission of Mr. Adams is superseded by the plenipotentiary commission to Dr. Franklin.
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The House having, on the former days, when the report was under debate, agreed to the first and second articles thereof; and having also read the third article and the papers therein referred to, a motion was this day made by Mr. G[ouverneur] Morris, and seconded by Mr. [William Henry] Drayton,
"That the members of this House who may have any papers or evidence in their possession relative to the said report, do lay the same upon the table."
On the question put, resolved in the affirmative.
Congress proceeded to consider the fourth article in the report, when a motion was made by Mr. [Meriwether] Smiths and seconded by Mr. [William] Carmichael, to strike out the words "which may be."1
[Note 1: 1 In the Papers of the Continental Congress, No. 36, IV, folio 597, is the following motion in writing of Thomas Burke:
"That all the paragraphs of the Report preceding that which states 'that suspicions and animosities have arisen among the mid Commissioners, which may be highly prejudicial to the honor and interests of these United States,' be postponed, and the said paragraph taken under consideration."]
After debate thereon,
Adjourned to 10 oClock to Morrow.
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