Congress. Otherwise the undersigned, and the other officers of the King, would have no protection and no security against the effects of the unjust, injurious and violent principles and proceedings, of which the said Minister has complained; and he would be compelled to leave Philadelphia and Pennsylvania, in order to seek an asylum in another State, where liberty and protection could be secured to him, till he could receive the orders of the King, his master.

GERARD.

Copies of the Papers enclosed in the above Letter.

No 1.

JOSEPH REED TO M. HOLKER.

Sir,

Philadelphia, July 24th, 1779.

After the visit you favored me with yesterday, and in consideration of the point on which we conversed, I wrote the letter enclosed, and about six o'clock the answer, also enclosed, was delivered me. I informed the gentlemen, two of the committee, that I had seen you that morning, that you conceived yourself able to remove the imputations conveyed in their representations, and had requested the Council to point out the parts of your conduct, on which doubts might arise. The gentlemen promised me they would inform the other gentlemen of what I had represented; and also that I still thought there would be an impropriety in making the publication in the present circumstances. I observe this morning, that the gentlemen have been of a different opinion, doubtless deeming themselves

under a public obligation to communicate the transaction

to the world without delay.

I have the honor to be, &c.

JOSEPH REED.

P. S. Not having any copies of the enclosed, I must beg you to return them after perusal.

No. 2.

In Council, Philadelphia, July 23d, 1779.

A paper, dated in committee, and signed William Henry, chairman, in answer to the reference made by this Board on the 14th instant, having been read,

Ordered, that the Secretary do write to the said Mr Henry to inform him, that the papers alluded to in said answer did not accompany it, and to desire that they may be forwarded as soon as convenient.

The President having informed this Board, that M. Holker had conferred with him on the above representation, and showed a copy thereof received by him (M. Holker) from the committee, and requested that this Board would point out such parts thereof as may appear to convey any imputations upon him, or distrust of his faithful performance of his duty as a public officer,

Ordered, that the said paper be further considered tomorrow, that a proper answer may be given to the said request.

Extract from the minutes,

JAMES TRIMBLE,

for T. MATLACK, Secretary.

No. 3.

JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE

Sir,

COMMITTEE.

Walnut Street, July 23d, 1779.

I received this morning the report of the committee on the affairs of M. Holker, which by a particular accident I was prevented from laying before the Council this morning. I observe it is proposed to publish it, but I presume this does not mean an immediate publication, as there will be an indelicacy and violation of usual forms to do this, until a return has been officially made thereupon by us to ConIn all cases gress, through whom the matter came to us. of petitions or other papers, to be presented to any public body, I take it to be a standing rule, that the matter shall be first communicated to them, before it is published to the world. As I observe you have sent a copy to M. Holker, I presume it is intended thereby to give him an opportunity to explain, deny, or admit, such a part of it as he may think proper to do. A publication will in some measure debar him from this, whereas at a future day, if the publication is still thought necessary, the whole may be given together; at all events, it will be the duty of the Council to make some report to Congress, in which this narration will appear. As to the flour itself, perhaps there may be no inconvenience in letting it remain a few days in its present condition. My earnest wish is, that this business may be conducted without fear, favor, or partiality, to the real interests of the community, all first suspicions converted into solid proof, and those of a contrary kind effectually banished.

The good sense of the gentlemen to whom I address myself will, I am persuaded, make the necessary and present distinction between persons acting in a public capacity and character, especially of another nation, and our own citizens, who are to stand or fall by their own laws, and the estimation of their countrymen.

We had the honor of your favor of this morning, and beg leave to observe in answer thereto, that Mr Morris having already published an account of the flour, both in behalf of himself and M. Holker, as may be judged by his publishing M. Holker's letters, and that publication being prior to any report from the Council to Congress, we conceive there can be no impropriety in our now taking the matter publicly up. Besides which, we apprehend ourselves laid under an immediate necessity to give satisfaction to our fellow citizens on the subject, and to publish our proceedings for the previous consideration of the meeting on Monday.

M. Holker, we conceive, ought in justice to himself to have appealed to the Council agreeably to the resolution of Congress, which he has not done. We have deferred the matter to the last moment, and cannot now, without exposing the reputation of the committee, defer it longer. Your Excellency is sensible that nothing but the most

pressing necessity could induce us to depart from the advice you are pleased to give, and we request you to accept the reasons we have assigned as an apology for so doing.

By order of the committee.

I have the honor to be your Excellency's most obedient, humble servant,

WILLIAM HENRY, Chairman.

All the above memorials, letters, and papers received. from the Minister this day, were referred to a committee of five, namely, Mr Huntington, Mr Laurens, Mr Smith, Mr Morris, and Mr Kean, who were instructed to confer with the President and the Supreme Executive Council of the State of Pennsylvania and with the Minister and Consul of France, and to prepare and report a state of facts, together with their opinion of the measures proper for Congress to adopt thereupon.

M. HOLKER TO M. GERARD.

Translation.

Philadelphia, July 29th, 1779.

Sir,

I have the honor to send you the several annexed certificates, which have been sent to me by Mr Rumford of Wilmington. As these papers have a direct relation to the conduct of Mr Rumford, and to the seizure made of the flour bought by him for the King's squadron, and as they may give room for fuller information, as well with regard to my transactions as to that of this commissary, or of