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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, NOVEMBER 8, 1782
On motion of Mr. [James] Madison, seconded by Mr. [Eliphalet] Dyer,
On mature deliberation on all papers which had been referred to the Committee respecting the murder of Capt. Huddy, the British officer allotted as the subject of retaliation for the murder, and to the trial of Lippencot as the perpetrator thereof It is deemed expedient and accordingly resolved that the Commander in Chief be directed to set at liberty the said British officer.
Resolved, That the Commander in Chief be instructed to call, in the most pointed terms, on the British commander at New York, to fulfil his engagement contained in his letter of the 13 day of August last, "to make further inquisition into this criminal transaction the murder of Captain Huddy, and to pursue it with all the effect which a due regard to justice will admit." so that the guilty person may be delivered up to punishment1
[Note 1: 1 This motion, in the writing of James Madison, is in the Papers of the Continental Congress, No. 36, I, folio 427. The following, in the writing of Charles Thomson, is on folio 423, and is undated:
Whereas Sir Guy Carleton in his letter of 13 Augt. last to his Excellency Genl Washington has declared that "to shew his thorough disapprobation of the execution of Huddy he has given orders to the Judge Advocate to make further inquisition and to collect evidence for the prosecution of such other persons, as may appear to have been criminal in this transaction," And has further declared that "he means to prosecute this matter with all the effect which a due regard to justice will admit," concluding his letter with an assurance of his most hearty concurrence in every measure for introducing on every occasion as great a share of tenderness and humanity as can possibly be exercised in a state of hostility.]
A motion was made by Mr. [Thomas] McKean, seconded by Mr. [James] Duane, in the words following:
"To prevent any misconstruction which might arise from the preceding resolutions of Congress:
"Be it declared, and it is hereby declared, that the Commander in Chief or the commander in the Southern army of a separate army, is, in virtue of the powers vested in them respectively, fully authorised and empowered, whenever the enemy shall commit any act of cruelty or violence contrary
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to the laws or usage of war, on the citizens of these states, to demand adequate satisfaction for the same, and in case such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation to be forthwith made, and the United States in Congress assembled will support them in such measures."1
[Note 1: 1 This motion, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, I, folio 425.]
A motion was made by Mr. [David] Howell, seconded by Mr. [Phillips] White, to postpone the consideration of the motion.
And on the question for postponing, the yeas and nays being required by Mr. [William] Blount,
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So it passed in the negative.
A motion was then made by Mr. Arnold [David] Howell, seconded by Mr. [James] Madison, to strike out the preamble.
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And on the question, shall it stand? the yeas and nays being required by Mr. [Hugh] Williamson,
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So the question being lost, the preamble was struck out.
A motion was made by Mr. [Thomas] McKean, seconded by Mr. [James] Duane, to introduce the declaration with the following preamble:
To prevent any misconstruction which may arise from the resolution directing Captain Asgill to be set at liberty.
And on the question to agree thereto, the yeas and nays being required by Mr. [Thomas] Smith,
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So it was resolved in the affirmative.
On the question to agree to the motion as amended, the yeas and nays being required by Mr. [William] Blount,
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So it was resolved in the affirmative, as follows:
To prevent any misconstruction which may arise from the resolution directing Captain Asgill to be set at liberty, be it declared, and it is hereby declared, that the Commander in Chief, or the commander of a separate army, is, in virtue of the powers vested in them respectively, fully authorised and
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empowered, whenever the enemy shall commit any act of cruelty or violence contrary to the laws or usage of war, to demand adequate satisfaction for the same; and in case such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation to be forthwith made; and the United States in Congress assembled will support them in such measures.
Motion of Mr [John] Rutledge, seconded by Mr [William] Blount, after "empowered" to insert "and they are hereby directed". Passed in the negative Novr. 8, 1782.1
[Note 1: 1 This motion, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, I, folio 421. On the same sheet, Thomson has made a separate entry of the four votes taken on this day.]
Motion of Mr [Hugh] Williamson, seconded by Mr [David] Howell, That the entry of Mr Williamson's motion of 28th Octr last with the proceedings thereon be published in due course in the printed journals of that month.
Question put, was lost. 4 ayes, 4 noes, one divided.2
[Note 2: 2 This motion, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, I, folio 413. It was made this day, as the indorsement indicates.
On this day, according to the indorsement, a memorial and petition of Charles Phelps, dated November 6, 1782, in behalf of the people oppressed by the authorities of Vermont, was read and referred to Mr. [John] Rutledge, Mr. [Samuel] Osgood and Mr. [David] Howell. It is in No. 40, II, folio 349.
Also, a letter from General Washington dated Head Quarters, November 1, transmitting a copy of a letter from Sir Guy Carleton, was read. It is in No. 152, XI, folio 21.]
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