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South Carolina, The President having desired, on

this occasion, to be excused from

giving his vote, was by unanimous

Georgia,

consent excused.

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So the house being equally divided, the amendment dropped.

Resolved, That the further consideration of the motion under debate be postponed.

AUGUST 4, 1778.

A letter of this day from the board of war, signed, "by order of the board, T. Pickering, president," was read :

Whereupon it was moved to resolve-That the said letter signed by order of the board, T. Pickering," is a breach of the privilege of Congress.

On motion to postpone the consideration thereof, the yeas and nays being required by Mr. Marchant

New Hampshire, Mr. Bartlett,

Massachusetts,

Ay. >Av.

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A motion was made to amend the journal of yesterday, by inserting the names of the members of Congress, who introduced the minister.

Whereupon a question was moved, Whether, as the journal had been read, and other matters entered on,

such a motion is in order, unless by general consent; and the same being put

Resolved, That the motion to amend is not in order. The letter of the 4th signed " by order of the board, "T. Pickering," was called for and read.

Whereupon leave was asked to withdraw the motion made on the said letter on Wednesday; and, leave being given, the motion was accordingly withdrawn.

It was then moved to resolve, "That it is the duty "of the board of war implicitly to obey and execute

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every order or direction of Congress, agreeably to "the terms of such order or direction; and that any "neglect or delay in executing any order of Congress, "and every excuse for disobedience, and any evasion"to execute such order, is a breach of duty and dero"gatory to the authority, honour, and dignity of Con66 gress. That the letter of the 4th instant, signed, ‘by "order of the board, T. Pickering,' cannot be consi"dered the act of the board of war, because the re"solve of Congress of the 21st day of April requires, "that not less than three persons be present to constitute "a board of war. That T. Pickering, esquire, by

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writing the said letter, and Richard Peters, esquire, "by assenting thereto, were guilty of a high insult to "this house. That by requesting Congress to excuse "them from an immediate execution of their order to "arrest and safely keep colonel B. Flower, they were

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guilty of a breach of duty. That by requesting Con

gress that a military arrest should be the only restraint "on the person of colonel Flower, they were guilty of "a disobedience to the authority of Congress. That

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"their offering reasons to prove the innocence of co"lonel Flower, was insolent and affrontive. That by expressing their extreme pain and reluctance to carry "the reslove of Congress to arrest and safely keep "colonel Flower into execution, they were guilty of a "disobedience to the power and authority of Con66 gress. And that their conduct was insolent and "affrontive to the honour and dignity of Congress." To which an amendment in lieu of the whole was moved in the words following:

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"Ordered, That T. Pickering and R. Peters, esquires, commissioners of the board of war, be forth"with directed to attend at the bar of this house, to

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answer such questions as may be put to them, seve"rally, touching an order of this house of the 3d in"stant, and also touching a letter dated the 4th instant, signed by order of the board, T. Pickering,' and "directed to the President of the house."

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After debate, a motion was made that the farther consideration of the letter and the several resolutions moved be postponed till to-morrow.

On which the yeas and nays being required by Mr. Marchant

New Hampshire,

Mr. Bartlett,

Ay. >Ar.

Massachusetts Bay, Mr. Gerry excused, not being pre

sent at the debate.

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A letter of this day from T. Pickering and R. Peters, two of the commissioners of the board of war, was read.

Whereupon it was moved to resolve, That Congress do admit the letter of this date, signed T. Pickering and R. Peters, as a sufficient atonement for the letter

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