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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, JUNE 10, 1779
A letter, of the 6th, from General Washington, was read.1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, VII, folio 411. It is printed inWritings of Washington (Ford), VII, 465.]
The Board of War, to whom was referred a memorial of Captain Loizeau, brought in a report; Whereupon,
War Office,June 9, 1779.
The Board having considered the Memorial of Captain Augustin Loizeau, late of Colonel James Livingston's regiment, referred to them by Congress, beg leave to report:
That it appears that the Memorialist very early joined the American Army in Canada; that he distinguished himself by his zeal, activity and bravery in the cause; that for his meritorious services he was appointed a Captain in the above mentioned regiment; that during the time the regiment served in the Northern Department his character does not appear to have been impeached; that from the testimony of Mr [John] Welles there is reason to believe that occasions have been sought for and Artifices used to rid the regiment at any rate of all Canadian Officers; that it does not appear that Captain Loizeau is addicted to drink to excess. That an Officer being drunk is not by the Articles of War a crime for which he is to be cashiered, unless it be when he is on duty; that a single instance of being drunk and a consequent quarrel with his Lieutenant before some soldiers, appear to be the only crimes alledged against him, and for which he was dismissed the service. That this sentence and the confirmation of it, appear to the Board to be rigorous and severe beyond example.
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That Captain Loizeau's early attachment to the cause, his unremitted zeal and faithful services, his wretched situation if abandoned by this Country after being for our sakes banished from his own, would, if his crimes were much more aggravated, have some claims to compassion and forgiveness: That it be therefore
Ordered, That Major General Gates be directed to enquire into the case of Augustin Loizeau, a Canadian, late a captain in Colonel James Livingston's regiment, and dismissed from the service pursuant to the sentence of a court martial, held in January last in the State of Rhode Island, and report to Congress the result of such enquiry, and his opinion whether, from a consideration of all circumstances, Captain Loizeau merits forgiveness and to be restored to his rank in said regiment or not.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, III, folio 397.]
The Board of War having further reported,
That Mons. Garanger and his brother were engaged under the contract with Mons. du Coudray, in October, 1776, in the ranks, the memorialist of a captain, and his brother of a lieutenant of bombardiers: that both the memorialist and his brother were made prisoners by the enemy, and detained at New York for twelve months, until they were exchanged, a few months ago, as French prisoners: that it appears both these gentlemen are entitled to pay under the contract, and as Mons. Garanger produces ample certificates of his knowledge in his profession, and of his good character, it seems to the Board proper,
That Mons. Garanger receive the further sum of fifteen hundred dollars on account, and that the Board of War be directed to order the same to be paid to him. That he proceed to the grand army, there to exhibit such proofs of his talents and merit as may be deemed necessary to enable the Commander in Chief to certify to Congress the propriety or inexpediency of retaining him in the service of the United
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States, and in what rank, if he shall entitle himself to a favorable certificate from General Washington:1
[Note 1: 1 This report, dated June 7 (present, Pickering, Spencer, and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 395. Washington wrote on July 27,1779, recommending Garanger for a captaincy, to be employed in the artillery as the commanding officer of artillery should elect, and the Board of War reported accordingly. The report of the Board, dated September 19, is in thePapers of the Continental Congress, No. 147, II, folio 479.]
Resolved, That Congress agree to the said report.
The order of the day being called for, and the report of the committee of thirteen on foreign affairs being taken up,
A motion was made by Mr. [Thomas] Burke, seconded by Mr. [Henry] Laurens,
That the further consideration of the said report be postponed until order be taken on the letter of 22 May last from Mr. Deane, and a decision made on the resolution moved thereon by a member from North Carolina, seconded by a member from South Carolina:
On which the yeas and nays being required by Mr. [Thomas] Burke,
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So it was resolved in the affirmative.
The motion was then read:
That Silas Deane, Esq. be ordered not to depart the United States without the special permission of Congress; and that Arthur Lee, Esq. be directed to repair forthwith to America, in order the better to enable Congress to enquire into the truth of the several allegations and suggestions made by the said Arthur Lee, in his correspondence with Congress, against the said Silas Deane:
When the question was about to be put, the previous question was moved by Mr. [Eldridge] Gerry, and seconded by Mr. S[amuel] Adams; and a division of the main question being called for,
And on the question to agree to the previous question for ordering Mr. Deane not to depart the United States without the special permission of Congress, the yeas and nays being required by Mr. [Henry] Laurens,
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So the states were equally divided, and the question lost.
On the question to agree to the main question for ordering Mr. Deane not to depart, &c. the yeas and nays being required by Mr. [Samuel] Holten,
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So the states were equally divided and the question was lost.
On the question to agree to the previous question on the second part, for directing Mr. A. Lee to repair forthwith to America, &c. the yeas and nays being required by Mr. [William] Ellery,
{table}
So it was resolved in the affirmative:
That the main question be not now put.
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Whether the house will now proceed to receive evidence in exculpation of parties charged by the Rep. of the Come.1
[Note 1: 1 A paragraph in the writing of John Jay.]
The house having considered the report of the Committee on foreign affairs and having gone thro' the said report and attended to the charges against the Commissioners and heard the evidence referred to by the Committee in support of the said charges, a question was moved, That the House proceed to hear evidence in exculpation of the said Commissioners.2
[Note 2: 2 A paragraph in the writing of Richard Henry Lee.]
The report of the Come. on foreign affairs, and the charges against the Comrs. together with the evidence in support of them referred to with said rep. having been all read, a mo. was made to introduce evidence in exculpation of their Comrs. whereupon the Qu. whether the house would then proceed to receive such evid. was debated and being ready to be put was postponed by N. Hampshire in right of the State.
The house having according to order proceeded to take into consideration the Rept. of the Come. on foreign affairs. The Question whether the House will now proceed to rec. evidence in exculpation of the Commissioners was put.3
[Note 3: 3 Two paragraphs in the writing of Richard Henry Lee.]
The House having according to order proceeded to take under consideration the report of the Committee on Foreign affairs, with the charges against the Commissioners of the U. States of foreign courts and the evidence in support of such charges referred to in the report, and also such further evidence as was produced in support of the charges a question was thereupon moved that the House proceed to hear evidence in exculpation of the said Commissioners.4
[Note 4: 4 A paragraph in the writing of Richard Henry Lee. The paper, without date, is in thePapers of the Continental Congress, No. 36, IV, folio 589.]
Mr R. H. Lee, Secd by Mr Witherspoon.
A letter, of May 5, from Captain [Thomas] Pitcairn was read:1
[Note 4: 4 This letter is in thePapers of the Continental Congress, No. 78, XVIII, folio 215.]
Ordered, That it be referred to the Board of War.
The Committee on the Treasury, to whom it was referred to prepare Drafts on the Minister Plenipotentiary of the United States of America at the court of Versailles in favor of
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the Committee of Commerce, have according to order prepared four serfs of Bills of Exchange, one sett for 150,000, one sett for 100,000 one sett for 70,000 and one sett for 40,000 Livres Tournois, the whole amounting to 360,000 Livres Tournois.
Your Committee have also prepared letters of advice of the said Drafts and further beg leave to submit the following Resolutions:
Resolved, That the said Drafts be signed by the President of Congress and entered at the auditor's office, and then delivered to the Commercial Committee to be negotiated in the manner mentioned in the Resolution of the 8th. Instant.
Resolved, That the faith of the United States be pledged to make good any contract or engagement which shall be entered into by their Minister Plenipotentiary at the Court of France for procuring money or credit to enable him to honor the said Bills and provide for their punctual discharge.1
[Note 1: 1 This report, dated June 9, P.M., is in thePapers of the Continental Congress, No. 26, folio 53. It is printed in theSecret Journals, Domestic, Vol. I, p. 119.]
Adjourned to 10 oClock to Morrow.
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