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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

LIBRARY OF CONGRESS

JOURNALS OF THE

CONTINENTAL CONGRESS

1774-1789

EDITED FROM THE ORIGINAL RECORDS IN THE LIBRARY OF CONGRESS BY GAILLARD HUNT

Volume XXVI. 1784

January 1 —May 10

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON

1928

PRINCIPAL CONTENTS

Page

Prefatory note v

Form of sea letters 1, 58, 390, 577, 608

Ratification of the definitive treaty . . 5, 8, 23, 29, 34, 616 Connecticut claims to lands west of the Delaware . 45,

280, 526, 603 Representation in Congress . 74, 84, 108, 157, 212, 245, 635 Settlement of Army accounts . 100, 135, 236, 253, 265, 341, 505

Cessions of western lands 113,315

Affairs of western territory 118,

142, 247, 248, 255, 275, 324, 446

Indian affairs 71, 123,

125, 129, 130, 134, 141, 152, 407, 453, 551, 581, 659

Reduction of civil list 126, 342

Regulation of Treasury . . . 172, 437, 440, 465, 469, 634

Treaties 176,180,357,367,368,372,579

National DEBT . . 32,128,185,241,296,298,301,395,406,541

Possession of frontier posts 179,

202, 376, 380, 428, 436, 499, 515, 530, 538, 657 Establishing seat of government . . 223, 292, 293, 444, 699

Foreign commerce 269, 318, 333

New Hampshire grants 283,481,532

Committee of the States .... 288, 474, 484, 561-638

Regulation of Post Office 314

Navigation of the Mississippi .... 489, 529, 687, 705

Assault on Marbois 502, 564

Standing Army 433, 518, 530

Massachusetts-New York boundary .... 547, 666 Instructions to minister to England .... 676

Standing committees 712

Bibliographical notes 719

III

PREFATORY NOTE

With 1784 the Continental Congress entered upon a new phase of its existence. The pressure of war definitely re- moved and the ratification of peace accomplished, the fundamental weakness of the Confederation became more apparent daily. Representation in Congress, never very regular, became a difficulty, increasingly prominent, which forced Congress, in June of this year, to take refuge in the expedient of a Committee of the States (consisting of one delegate from each), clothed with limited powers but func- tioning as a legislative substitute. The other delegates returned to the States to arouse a more lively interest in the central governing body without which, it was plain, the national organization would disintegrate and the union, which had been enforced by mihtary necessity, collapse for want of civil poUtical cohesion.

Settlement of the Army's accounts, with their vexed problems of half-pay and commutation, together with the joint responsibility of the States and Congress in the matter, brought the powers of Congress into question and bid fair to open up disagreements which would lead into govern- mental quagmires of serious possibilities.

The cessions of western lands and a government for the new territory to be organized from them became matters of importance, but they were not carried far toward solution during 1784. Obtaining possession of the frontier posts from the British and the measures for garrisoning them by United States troops created the problem of a standing army, and Indian affairs became inextricably entangled with the mihtary aspect of this problem,

88814°— 28 V

VI PREFATORY NOTE

Finance, payment of the public debt, and efforts toward economies, through reducing the expense of the civil list, took their places among the vexatious but important diffi- culties, while foreign commerce and the navigation of the Mississippi River obtruded themselves as diplomatic ques- tions of undoubted longevity and awkward character.

Progress was made with the domestic problems of the New Hampshire grants, Connecticut's claim to Pennsylvania lands, and the Massachusetts-New York boundary, but the matter of permanently locating the seat of the National Government was brought no nearer a definite conclusion.

As the weakness of the Congress became more and more manifest, that body developed an increasing sensitiveness as to its dignity and importance which, at times, appears almost peevish. The creation of the Committee of the States, though necessary, was a frank recognition of impo- tence. It marked the beginning of the end, and when Congress reassembled in November it was plain that it had lost ground as a legislative power which it could never hope to recover.

The copy for the year 1784 was prepared and sent to the printer by the late Gaillard Hunt, then chief of the Manu- script Division of the Library of Congress, but unforseen exigencies respecting the printing fund compelled postpone- ment of publication from year to year until now. As pre- pared, the copy has been slightly amended and a few foot- notes added; it has been seen through the press, proof-read, indexed, and the Bibliographic Notes compiled by

J. C. FiTZPATRICK

Acting Chief, Manuscript Division Herbert Putnam

Librarian of Congress

JOURNALS OF THE CONTINENTAL CONGRESS

1784

THURSDAY, JANUARY 1, 1784.

Six states only attending, nanaely, Massachusetts, Rhode Island, Pennsylvania, Delaware, Virginia and North Caro- lina; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the state of Maryland, Mr. [Jeremiah Townley] Chase, the President adjourned Congress till ten o'clock to-morrow.

FRIDAY, JANUARY 2, 1784.

Congress assembled: Present, Massachusetts, Rhode Island, Pensylvania, Delaware, Maryland, Virginia and North CaroUna; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the state of South CaroHna, Mr. [Jacob] Read.

On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [Charles] Morris, to whom was referred a memorial of PhHip Moore:

Resolved, That the following form of sea-letters be granted for the ship United States, belonging to the memoriaUst and others:

Most Serene, Serene, Most Puissant, Puissant, High, Illustrious, Noble, Honorable, Venerable, Wise and Prudent Lords, Em- perors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Coimcillors, as also Judges, Officers, Justiciaries and Regents of all the good cities and places, whether ecclesiastical or secular, who shall see these Patents or hear them read:

We the United States of America in Congress assembled, make known that Mr. James Moore, supercargo of the ship called " The 98814°— 27— VOL 26 1

2 Journals of Congress

United States," of the burthen of three hxindred tons, or thereabouts, at present navigated by Captain Thomas Bell, is of the United States of America, and as we wish to see the said James Moore, supercargo, prosper in his lawful affairs, our prayer is to all the before mentioned, and to each of them separately, where the said James Moore shall arrive with his vessel and cargo, that they may please to receive the said supercargo with goodness, and to treat him in a becoming man- ner, permitting him, upon the usual tolls and expences in passing and repassing, to pass, navigate and frequent the ports, passes and ter- ritories, to the end, to transact his business where, and in what man- ner he shall judge proper. In testimony whereof, &c.

The Committee [Mr. Thomas Jefferson, Mr. Elbridge Gerry and Mr. Hugh Williamson] appointed to revise the files of reports and appointment of Committees, and to report what matters will require the attention of Congress previous to an adjournment, have revised the files of Reports, digested them imder five heads and agreed to the following report thereon :

The first head comprehends important reports requiring the assent of 9 States; these relate to the ratification of the Definitive Treaty, the military arrangements in time of peace, the civil arrangements foreign and Domestic, the territories on our Western border, and the definition of the powers proper for a committee of the States, which several matters are thought essential for the consideration of Con- gress before their adjournment.

The second head comprehends reports which also require the assent of 9 States; they relate to matters of acct. and particular claims for money, which may probably be despatched in those short intervals or portions of the day in which it may not be convenient to discuss the first great subjects. Many of them however are such as ought not to detain Congress, whenever they shall be ready for adjoiuTi- ment.

The third head comprehends reports, which may be acted on by 7 States and which therefore may be taken up by Congress imme- diately.

The fourth comprehends those which should be postponed to another Session, some of them being not at all pressing and others not yet matured for determination.

The fifth comprehends those reports which, having been rendered useless by subsequent events may be postponed generally.

January, 1784 3

The Committee having not had time yet to revise the appoint- ment of Committees, and to arrange their objects under the same heads, beg leave to report again, when they shall have made further progress.*

The Committee [Mr. Richard Peters, Mr. Hugh Williamson and Mr. Arthur Lee] to whom was referred Mr. Blaine Letters of the 25 February, 1783, Report —

That it appear to your Committee that the regulations of the If January 1780 for the Commisaries of purchases Department allowing two p cent for all merchantable provisions purchased in twenty fold the prices they were sold at in the year 1774 could not be carried into effect and was virtually repealed by the act of Congress of the 18 march following rating the value of Continental money at forty for one. But as the Commissioner for settling the accounts of that department cannot dispence with said Regulations without an act of Congress, your Committee recommend the following resolve.

That the accounts of the Commissary of purchase department be settled without any regard to the Resolution of the 1°.' January, 1781, respecting the allowance of two pf Ct for all merchantable provision purchased on twenty fold the prices they were sold at in the year 1774, as if the same had never passed.

With regard to that part of M? Blaine's Letter resquesting an acknowledgement for his services to allow his travelling Expences your Committee are of opinion that aa he doca not particulariao hia domanda they cannot determine whether any or what gratuity ohould bo made to him it cannot be granted.^

' This report, undated, in the WTiting of Thomas Jefferson, is in the Papers of the Continental Congress, No. 23, folio 197. According to the record in Committee Books 186 and 191, the committee was appointed December 19, 1783, "reported in part and discharged" January 2, 1784.

' This report, in the writing of John Lewis Gervais, is in the Papers of the Con- tinental Congress, No. 41, I, folio 451. The indorsement states that it was read on this day and filed September 9, 1785.

On this day, according to the indorsement, was read a petition of inhabitants of Kentucky. It is in the Papers of the Continental Congress, No. 41, V, foUos 101-102.

Also, a letter of December 30, 1783, from John Sullivan with a letter of Novem- ber 6, 1783, from the Legislature of New Hampshire. They were referred to

4 Journals of Congress

SATURDAY, JANUARY 3, 1784.

Congress assembled : Present the same as yesterday.

A letter, of the 17th December last, from Mr. F. Dana, was read, informing Congress of his arrival at Boston, after a passage of 95 days from Petersburg; and desiring to know whether it is the expectation of the Congress, that he should come on to the place of their sessions, and, without loss of time, to render a more particular account of his late mission:

Whereupon, on motion of Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,

Resolved, That the president inform Mr. Dana, it is the desire of Congress to receive his communication, relative to his mission to the Court of Russia, and to the disposition of that court towards the United States, as soon as the cir- cumstances of his affairs and the season shall admit of his attending Congress.'

The Committee consisting of M? [Abiel] Foster, M^ [Edward] Hand and M? [William] Ellery, to whom was referred the petition of Nathaniel Greenwood, report that the said petition, with its en- closures, be referred to the Agent of Marine to report.^

[Motion of Elbridge Gerry and William Ellery.]

That the President be requested to inform the Plenipotentiaries of the United States in Europe that the definitive treaty was received in the interval of the adjournment of Congress, from Princeton to Annapolis, that in consequence of the severity of the season and other circumstances seven States only have as yet assembled. That they

Mr. [William] EUery, Mr. [Edward] Hand, and Mr. [Richard Dobbs] Spaight. Committee Book No. 186 gives as additional members of the committee Mr. [Thomas] Jefferson and Mr. [Arthur] Lee and says that a report was made Janu- ary 9. Sullivan's letter is in No. 44, folios 207-216; the letter of the legislature on foUos 203-206.

' This resolution and the preamble were also entered in the Secret Journal, Foreign Affairs.

' This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, II, folio 527. The indorsement states that it was read on this day and agreed to on January 9.

January, 1784 5

are unanimously desirous of ratifying the treaty. That the measure will be considered as soon as nine States shall be represented in Congress, and there is every reason to oapcot the ratification will bo immediately adopted not the least doubt but that the definitive treaty will be immediately ratified, but as the ratification may not arrive in time to our Ministers Congress are apprehensive of injurious consequences unless the term for exchanging the Treaty should be enlarged.'

[Report of M'- Thomas Jefferson, Mr. Hugh Williamson, Mr. Jacob Read, Mr. Elbridge Gerry and Mr. David Howell relative to ratifi- cation of the definitive treaty.]

Whereas it is stipulated in the Definitive treaty of Peace between the United States of America and his Britannic Majesty, that the ratifications of the said treaty shall be exchanged on or before the third day of March next, and there now remains before that period little more time than is requisite for the passage of the said ratifica- tion across the Atlantic; and Congress consisting at present but of 7 states, these differ in opinion, some of them considering 9 as requisite under the Confederation to the establishment of every treaty, while others are of opinion, that 9 having ratified the Pro- visional treaty and instructed their Ministers to enter into a Defini- tive one, conformable thereto, which is accordingly done, seven may under these particular circumstances ratify what has been so declared by 9 to have their approbation, and those of the former opinion, being equally desirous with the latter that no power which it may be supposed they possess should remain unexercised for the final ratifi- cation of this instrument, provided it may be done, with the preserva- tion of good faith towards the other contracting party and without importing that Congress has given any express opinion that the said ratification is authorized by the Confederation.

Resolved therefore, That the states now present in Congress do declare their approbation and so far as they have power their ratifi- cation of the said treaty that the Ratification in the usual form be duly attested under the seal of the states and transmitted to our Ministers with instructions to keep the same uncommunicated and to

' This motion, in the writing of Elbridge Gerry and William EUery, is in the Papers of the Continental Congress, No. 25, II, folio 327. It is undated but be- longs to tUs period.

6 Journals of Congress

propose to the other contracting party, a convention extending the time for the exchange of ratifications 3 months further, that the said Ministers be informed that so soon as 9 states shall be present in Congress the said treaty shall be submitted to them and their ratifi- cation when obtained shall be transmitted also; that if they should receive the ratification by 9 states before the ultimate point of time allowed for exchange this alone be used and the former cancelled; that if it should not be received in time, they then produce the act of the 7 states and give the same in exchange informing the other contracting party that the said treaty came to hand when Congress was not in session. That 7 states only had yet assembled; that this ratification has been expedited with their unanimous consent and offering it in exchange for theirs with -an- aaauranoe-that-it will- bo followed by another, expedited in all ita forma by -nine -otatoa, ao

also.'

[Mr Jacob Read's motion, January 3?, 1784; Referred to the Post- master General to report.]

That the Postmaster be instructed to order the post riders who meet at Annapolis with the Northern and Southern Mails severally to remain a night at Annapolis in order to give the Members of Congress an opportunity to examine and answer their despatches by the returns of the post.'

MONDAY, JANUARY 5, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Pensylvania, Delaware, Maryland, Virginia and North Carolina; and from the state of New Hampshire, Mr. [Abiel] Foster, and from South Carolina, Mr. [Jacob] Read.

On motion of Mr. [William] Ellery, seconded by Mr. [David] HoweU,

' This report, in the writing of Thomas Jefferson, is in the Papers of the Conti- nental Congress, No. 29, folios 327-329. The indorsement states that on January 14, 1784, it was "rendered useless by the ratification this day by 9 states" and was ordered "to be filed." It was read, the indorsement states, on this day. A duplicate rough draft is on folio 330.

' This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 281. The indorsement states that it was made on this day and a copy sent to the Postmaster at Philadelphia.

January, 1784 7

Resolved, That the appoiutmcnt election of the five com- mittees, directed to be appointed on this day, by the resolu- tion of the 17 June, 1782, be postponed till the first Monday in February next.

On the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [Hugh] Williamson and Mr. [WilUam] Ellery, to whom was referred a memorial from Gustavus Conyngham, praying for the renewal of a commission of captain in the navy of the United States, received from the commissioners in Paris, in 1777, and lost by him, or to be reinstated in his former situation.

Resolved, That the prayer of the said memorialist cannot be granted, such commissions being intended for temporary expeditions only, and not to give rank in the navy.^

On the report of a committee, consisting of Mr. [William] Ellery, Mr. [Arthur] Lee, Mr. [Ralph] Izard, Mr. [Richard] Peters and Mr. [James] McHenry, to whom was referred a letter from the Commander in chief, of 28 August, con- taining a proposal from the Secretary of the PoKsh Order of Knights of Divine Providence, that Congress should nomi- nate a number of suitable persons to be created Knights of the said Order.

Resolved, That the late Commander in Chief, be requested to inform the ChevaUer Jean de Heintz, Secretary of the order of Divine Providence, that Congress entertain a high Hcnao of the honour-done them by are sensible of the atten- tion of that Order, in proposing to them to nominate a num- ber of suitable persons to be created Knights of the Order of Divine Providence; but that Congress cannot, consistently with the principles of the Confederation, accept of their obliging proposal.^

' This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, I, folio 621.

' This report, in the writing of Ralph Izard, is in the Papers of the Continental Congress, No. 19, II, folio 45; the words crossed out are in the report and do not appear in the Journal. On this or an approximate date was read a letter of Jan- uary 4 from Wallace and Muir. It is in No. 78, XXIV, folio 413.

8 Journals of Congress

ANNAPOLIS, JANUARY 5, 1784.

The committee, consisting of Mr. [Hugh] Williamson, Mr. [George] Partridge and Mr. [Arthur] Lee, appointed to prepare a letter to the Ministers of the United States in Paris, reported a draught, which was agreed to as foUows:

I am directed to inform you that the definitive Treaty after a very long passage arrived during an adjournment of Congress from Princeton to this place. No more than seven States are yet assembled; these are unanimously desirous to ratify the Treaty, and the measure will be taken up as soon as nine States are assembled. In the mean while as the weather is severe and travelling extremely difficult from a heavy fall of snow, it is to be feared the ratification may not arrive in the time limited for the exchange To obviate any inconvcn icuco that may arise from sueh accident I am to ro quest you will attempt to negotiate an cxtcnaion of the — time — fixed — i©¥ — the exchange of ratificationa by the addition of two months [and that inconven- iences may arise unless the time for exchanging the ratification should be extended.] ^

TUESDAY, JANUARY 6, 1784.

Congress assembled: Present the same as yesterday.

The committee, consisting of Mr. [David] Howell, Mr. [Elbridge] Gerry and Mr. [Eleazer] McComb, to whom was referred a letter of 22 November, from the postmaster general, with sundry papers enclosed therein, respecting the

' This report, in the writing of Hugh Williamson, except the part in brackets, which is in the writing of Elbridge Gerry, is in the Papers of the Continental Con- gress, No. 25, II, folio 325. It was entered only in Secret Journal No. 4 (p. 230) and in Secret Journal No. 6, Vol. Ill (p. 209). The words lined out so appear in the report but were not entered on the Journal.

January, 1784 9

robbery of the mail at Princeton, report the following state of facts :

"That about nine o'clock in the evening of the 30th of October last, the mail for the eastward was closed and laid on the counter, in the post oflfice, that the post-rider came into the office, and passed into a room adjoining, with the postmaster, leaving the mail on the counter, and a lighted candle near it, without any one in the office, the door lead- ing into the street and the room adjoining being open; that under these circumstances some person entered the office at the front door, extinguished the candle and carried off the mail; that some days after the robbery of the mail, it was found in a meadow near Princetown, and returned to the general post-office; that the maU contained a large packet of notes, signed by Michael HUlegas, treasurer, aed: franked by the suporintondant of finance and other valu- able effects, none of which were missing; but that five or six letters were lost, and several franked by members of Congress were broke open. Upon which state of facts the committee conceive that the interests of individuals, the revenue of the post office, and the national honor, are intimately concerned in the safety and preservation of the public mails, and of the letters, packets and despatches committed to the post-office." Whereupon,

Resolved, That a copy [of the letters and papers referred to the committee, be transmitted to the supreme executive of the State of New Jersey, who are requested to order a strict enquiry into the conduct of John Harrison, post- master at Princetown, and James Martin, post-rider, rela- tive to the premises; to ascertain whether and how far they were culpable in the loss of the mail; to discover, if possible, the perpetrators of the robbery, and to transmit the result of such enquiry to Congress.]

10 Journals of Congress

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2°''. Resolved, That it be earnestly recommended to the Legislatures of the several States to enact adequate laws for the security of the public maUs and of the letters, packets and despatches committed to the Post offices within their respective jurisdictions.

3''''. Resolved, That the President issue a Proclama- tion offering a reward of 300 dollars to be paid out of the public Treasury and charged on the Revenue of the Post office to any person or persons who shall appre- hend and secure in any of the goals in the United States the perpetrator or perpetrators of the aforesaid robbery, so that he or they may be thereof legally convicted, and brought to condign punishment, and promising the same reward, with an indemnity to any person, who being an accompUce shall give information and evidence whereby any principal offender or offenders shall be convicted as aforesaid. [Resolved, That the postmaster general be directed to inform Congress, to whom the mail was delivered when found, and whose hands it passed through till lodged in the general post office; that he also be directed to give positive orders to the several postmasters, and post-riders, to take the most effectual care of the letters, packets, des- patches and mails committed to them respectively, as any neglect or misconduct in that department will meet with no indulgence from Congress.] ^

' The report, in the writing of a clerk, is in the Papers of the Continental Con- gress, No. 19, III, folio 83. The parts in brackets was entered in the Journal by Henry Remsen, Jun. but the 2d and 3d resolves are in the report only and were not entered in the Journal. The Postmaster General's letter is in No. 61, foUo 155.

On this day, according to the indorsement, was read a memorial from the public creditors in and near Philadelphia and referred to Mr. [Samuel] Osgood, Mr. [Hugh] Williamson and Mr. [James] Tilton. It is in No. 41, II, folios 156, 160. See post, January 15.

January, 1784- 11

The Committee, consisting of M'' [Elbridge] Gerry, M'' [Richard] Peters and M'' [Abiel] Foster, to whom was referred a letter of the 7"^ of Sept. last submit the following report

Resolved, That an-unaigncd a copy of a letter purporting to bo from Colonel Jolm Allen to Congress of the 7'" September be transmitted to the legislature Supreme executive of Massachusetts, who are authorized requested to take effectual measures for ascertaining whether any encroachments are made on their eastern boundaries, constituting those of the United States, and if made by the aubjccts of any foreign power to prohibit them in the name of the aaid atatea by proclamation or othcrwiao giving the earliest information thereof to Congress,

And the legislature are also requested to discharge any ballance that may be due to Col Allen for necessary services

Postponed "^ ,. . . ,. , tt

and supplies m supermtendmg the eastern Indian Department

Resolved, That the monies advanced by the State of Massachusetts in pursuance of the proceeding resolution, be allowed by the Superin-

tendant of finance in part payment of the requisitions

Postponed i.„^i. i-i- i ,

of 1782 tor supplymg the contmental treasury' The Superintendent of Finance to whom was referred the letter of Charles Stewart of the twenty-ninth of October begs leave to report. That the same letter was upon the reference thereof transmitted to the Commissioner for adjusting the accounts of the Commissary's Department, and his answer was made on the fourth Instant a copy whereof is now enclosed.

All which is humbly submitted.

RoBT. Morris.^

' This report, in the writing of Elbridge Gerry, is in the Papers oj the Conti- nental Congress, No. 19, I, folio 55. It was postponed on this day, the indorse- ment states, and "rendered useless by the resolution of January 29, 1784." See post, January 29.

* This report is in the Papers of the Continental Congress, No. 137, III, folio 267. It was presented and read December 22, 1783, and, on January 6, as the indorsement states, it was referred to Mr. [Hugh] Williamson, Mr. (William] EUery, and Mr. [Samuel] Osgood. According to Committee Book, No. 186, the Committee was renewed April 7, and, apparently Osgood was then dropped and Mr. [Roger] Sherman put in his place. See post, April 15

12 Journals of Congress

WEDNESDAY, JANUARY 7, 1784. Congress assembled: Present as before.

THURSDAY, JANUARY 8, 1784.

Congress assembled: Present as before.

On motion of Mr. [David] Howell, seconded by Mr. [William] EUery,

Resolved, That Monday next be assigned for the election of a chaplain to Congress.

On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mfr-Jamce Duanc, Mr. [Arthur] Lee and Mr. [Jere- miah Townley] Chase, to whom was referred a memorial of Jan Hendrick Christian Heinekin, one of the agents of the Prussian ship Minerva, touching a decree of the court of appeals in cases of capture:

Resolved, That the memorial of Jan Hendrick Christian Heinekin, with the papers accompanying it, be referred to the judges of the court of appeals in Admiralty cauHCB cases of capture, to report to Congress (as speedily as may be, the facts and reasons on which they founded the dooroo com plained of in the said memorial. — [Copies of the proofs and proGoodtngs ■ together with a state of the case to enable Congress -to understand the reasons and- grounds on whioh the decree, &c.)-wa3 founded] proceedings, proofs and judgment in the above-mentioned cause). ^

On the report of the committee, consisting of Mr. [Samuel] Osgood, Mr. [Arthur] Lee and Mr. [James] Tilton, to whom was referred a petition of Thomas Sudler, setting forth, that his dweUing-house was, on the 6 of February, 1781, plundered

1 The report, in the writing of Arthur Lee, except the part in brackets which is in David Howell's writing, and that in parenthesis which is in Jacob Read's writing, is in the Papers of the Continental Congress, No. 19, III, folios 120 and 1213^. The line typed words are in the report and not in the Journal.

Heinekin's memorial is in No. 41, IV, foUo 199, and a copy is in No. 41, VI, foUo 416.

January, 1784 13

and robbed by the British; and that he lost several conti- nental certificates to the amount of two thousand three hundred dollars, exclusive of interest, which were dated about the 2d of March, 1779, and praying that certificates of the same tenor and date may be issued to him.

Keport that justice does not require, nor does the interest of the United States admit that Congress should become responsible for casualties of the like nature.'

Resolved, That the certificates being made payable to the bearer, and probably at this time in circulation, the prayer of the petition cannot be granted.

On the report of a committee, consisting of Mr. [Hugh] WUhamson, Mr. [James] Tilton and Mr. [James] Monroe, to whom were referred the memorial of Captain Houdin, of the 2d Massachusetts regiment, and that of Lieutenant Thacher of the same, praying for promotion,

Resolved, That the definitive treaty of peace being signed, nearly the whole of the army discharged, and the Com- mander in Chief having resigned his commission, it is in- expedient to make the promotion requested.^

The Committee, consisting of [Mr. David Howell, Mr. Arthur Lee and Mr. Samuel Osgood] to whom was referred the address of the people called Quakers, presented to Congress on the 8* day of October, 1783, by a deputation on behalf of the yearly meeting held in Philadelphia, for Pennsylvania, New Jersey, Delaware and the western parts of Maryland and Virginia, submit the following Report.

Resolved, That Congress consider this address from so respectable a part of the people called Quakers as a testimony of their sincere concern for the coaential good of their Country the rights of mankind, and of their respect for those with whom the powers of Government are entrusted.

' The report, in the writing of Hugh Williamson and Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, III, folio 191.

' The report, in the writing of Samuel Osgood, is in the Papers o] the Conti- nental Congress, No. 19, V, foho 439. Sudler's petition is in No. 43, VII, folio 170.

14 Journals of Congress

Resolved, That it be recommended to the legislature of the several States to enact such laws as to their wisdom may appear best calcu- lated to compass the object of the second article in the association entered into, and subscribed by the Delegates of the United Colonies in Congress assembled on the 20* Day of October 1774.'

FRIDAY, JANUARY 9, 1784.

Congress assembled: Present as before.

On the report of a committee, consisting of Mr. [William] Ellery, Mr. [Edward] Hand and Mr. [Richard Dobbs] Spaight, to whom was referred a memorial of the late Major- General Sullivan:

The Committee consisting of M' [William] Ellery, M"' [Edward] Hand and M'' [Richard Dobbs] Spaight to whom was referred the memorial of the late Major General John Sullivan with its enclosures, submit the following Resolves :

Whereas, in the Act of Congress passed the of April, 1780,

allowing depreciation to the line of the Army on their original pay it is provided, "That no person shall have benefit of this resolution except such as were engaged during the War or for three years and are now in service or shall hereafter engage during the War," and the Memorialist had resigned and was not in service on the 11'? day of April, 1780, and whereas on the 2i day of August, 1781, Congress passed a negative on the following question: "That it be recommended to the State of New Hampshire to make good to Genl. Sullivan the depreciation of his pay for the time he continued in service in the like manner as has been done for the Officers in the line of the said State now in service." Therefore —

Resolved, That Congress cannot consistently with those Acts allow the Memorialist depreciation on his pay for the time he continued in service — Postponed.

Ordered, That a petition of Nathaniel Greenwood for pay while a Prisoner, be referred to the Agent of Marine to report.'

' This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 20, II, folio 169. The indorsement states that it was read Janu- ary 7 and on "January 8, 1784, Question taken on this lost."

* This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings. According to the record in Committee Book No. 186, a report was delivered February 2.

January, 1784 15

Resolved, That so much of the said memorial, as respects the payment of fifteen hundred dollars, granted to him by Congress, by their act of 31 July, 1781, be referred to the Superintendant of finance, to take order.'

SATURDAY, JANUARY 10, 1784.

Only six states attending, viz. Massachusetts, Pensyl- vania, Delaware, Maryland, Virginia and North CaroUna; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the State of Rhode Island, Mr. [William] EUery, the President adjourned Congress till ten o'clock on Monday.

MONDAY, JANUARY 12, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Pensylvania, Delaware, Maryland, Virginia and North CaroUna; and from the State of New Hampshire, Mr. [Abiel] Foster, and from the State of South Carolina, Mr. [Jacob] Read.

Ordered, That the order of the day for olocting election of a chaplain be postponed till Monday next.

The committee of the week [Mr. Richard Dobbs Spaight, Mr. Edward Hand and Mr. James Monroe] are of opinion the within memorial [of Captain F. Paschke] should be read in Congress.*

TUESDAY, JANUARY 13, 1784.

Congress assembled: Present as yesterday; and from the State of Connecticut, Mr. [Roger] Sherman and Mr. [James] Wadsworth, who produced credentials under the seal of the

' This report, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 19, V, folio 453. Sullivan's memorial is in No. 41, IX, folio 253.

2 This report, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 42, VI, folio 285. The memorial of Captain Pasclike, dated January 11, 1784, is on folio 282. According to the indorsement it was read January 12 and referred to Mr. [James] Tilton, Mr. [Arthur] Lee and Mr. [David] Howell.

16 Journals of Congress

State; by which it appears, that at a general assembly of the governor and company of the said State, holden at New Haven, on the second Thursday of October, 1783, the said assembly did appoint Roger Sherman, esq. WilUam WiUiams, esq. James Wadsworth, esq. and WilUam Hilhouse, esq. delegates to represent that State in the Congress of the United States of America, the year ensuing, in the room of Samuel Huntington, esq. Oliver Wolcott, esq. Richard Law, esq. and OUver Ellsworth, esq. resigned.

State of Connecticut

At a General Assembly of the Governor and Company of the State of Connecticut, holden at New Haven on the second Thurs- ^^^^- day of October, 1783,

This assembly do appoint Roger Sherman, Esq^, William Wil- liams, Esq?, James Wadsworth, Esq?, and William Hilhouse, Esq?, Delegates to represent this State in the Congress of the United States of America the year ensuing in the room of Samuel Huntington, Esq?, Oliver Wolcott, Esq?, Richard Law, Esq?, and Oliver Elsworth, Esq?, resigned.

A true Copy of Record.

Examin?.

By George Wyllts Secret ^^

Mr. J[ohn] Beatty, a delegate for New Jersey, attended, and produced credentials; by which it appears, that in the State of New Jersey, at Trenton, November 6, 1783, the councU and assembly in joint meeting, proceeded to the election of five delegates to represent that State in Congress, when the hon. Jonathan Elmer, Silas Condict, John Stevens, John Beatty and Samuel Dick, esqrs. were duly elected, and empowered to represent and vote in behalf of that State in the Congress of the United States of North America, until

' The original is in the Papers of the Continental Congress, Connecticut, Cre- dentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.

January, 1784 17

the 5th day of November next, unless a new appointment shall sooner take place.

State of New Jersey, Trenton, Novr- 6" 178S. The Council and Assembly in Joint Meeting proceeded to the election of five Delegates to represent this State in Congress, when The Hon"!' Jonathan Elmer Silas Condict John Stevens John Beatty &

Samuel Dick Esquires were duly elected. Resolved, therefore, That the said Jonathan Elmer, Silas Condict, John Stevens, John Beatty and Samuel Dick Esquires, or any two or more of them be empowered to represent and vote in behalf of this State in the Congress of the United States of North America until the fifth day of November next, unless a new appointment shall sooner take place.

It is nevertheless expected that three of the Delegates do con- stantly attend in Congress unless prevented by sickness or other accident.

By Order of the Joint Meeting Philemon Dickinson, Chairman}

The committee, consisting of Mr. [William] EUery, Mr. [Edward] Hand, Mr. [Richard Dobbs] Spaight, Mr. [Thomas] Jefferson and Mr. [Arthur] Lee, to whom was referred a letter of the 6 of November, from the legislature of New Hampshire, on the subject of a memorial from the owners of the private armed vessel called the brig McClary, respect- ing the proceedings and sentence of the judges of the court of appeals in cases of capture, in the case of the brig Lusan- nah, captured by the said private armed vessel, called the brigantine McClary; together with a letter from Mr. J. Sullivan, agent for the proprietors of the said brig McClary,

' The original is in the Papers of the Continental Congress, New Jersey, Cre- dentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.

98814°— 27— VOL 26 2

18 Journals of Congress

having made a report; and the said report, after debate, being postponed,

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Osgood,

That the further consideration of the report be postponed to the 1st Monday of AprU next; and that a copy of the memorial and papoi's relative thereto be transmitted to the present claimants of the brig Lusannah, to shew cause, if any they have, why the prayer of the said memorial should not be granted ; and in the mean time that all proceedings in the sentence of the court of appeals, touching the premises, ought to be stayed.^

Your Committee find that by a resolution of Congress of Nov- 25, 1775, it was recommended to the legislatures of the several states to erect Courts for determining the cases of captures from the enemy on the high seas, and it was declared that in all cases an appeal should be allowed to Congress, or such persons as they should ap- point for the trial of appeals.

That this resolution was complied with by the several states, some of them ceding appeals to Congress on a larger and some on a more contracted scale; and New Hampshire particularly, by their act of Assembly of 1776, allowing them only in cases of captures by armed vessels fitted out at the charge of the United States, and reserving the appeal in all other cases to the Supreme Court of their own State.

That the course of Congress was to appoint a Committee for the trial of every Special appeal tiU the 30* Day of January, 1777, when a standing Committee was appointed to hear and determine appeals from the Courts of Admiralty in the respective states.

That the BrigantLne M' Clary, a private armed vessel owned by John Penhallow and others, citizens of New Hampshire, captured on the high seas in the month of November, 1777, the Brigantine Lusanna, the subject of the present question, carried her into Pis- cataqua in the State of New Hampshire and libelled her before the

' This motion, in the writing of Elbridge Gerry, is in the Papers of the Conti- nental Congress, No. 36, II, folio 283. The letter of the New Hampshire legis- lature is in No. 44, folio 203. Sullivan's letter is in folio 207.

January, 1784 19

maritime Court of the said State, whereon the said vessel and cargo were by the said court condemned.

That the claimants, Elisha Doane and others, prayed an appeal to Congress, which being refused, they appealed to the Superior Court of New Hampshire, where the sentence being confirmed they again prayed an appeal to Congress which was refused, and the sentence, carried into effect by a sale and distribution of the vessel and cargo.

That on the Q'? Day of October, 1778, the said Elisha Doane petitioned Congress for a revision of the said sentence, which peti- tion being referred to the Committee of Appeals, they in May, 1779, summoned the Libellants to appear before them in defence of their

committee on a hearing of both parties reported to CongrcaB that

That on the 22^ of the same month Congress resolved that certain Resolutions of theirs of March 6''', 1779, relative to their controul over all jurisdiction in cases of capture on the high seas should be transmitted to the several states, where upon Congress by their resotn.-of May 33, 1779, and they be respectively requested to take effectual measures for conforming therewith.

That they were accordingly transmitted to the State of New Hampshire, the legislature thereof by their act of Nov., 1779, ex- tended the license of appeal to Congress to every case wherein any subject of any foreign nation in amity with the United States should be interested in the dispute, and allowed it no further.

That in May, 1780, a Court of Appeals was established by Congress with jurisdiction over all matters respecting appeals in cases of capture, then depending before Congress or the Commiss" of appeals, consisting of Members of Congress.

That all these transactions were prior to the completion of the Confederation which took place on the first day of March, 1781.

That on the l?'!" of September, 1783, the Court of Appeals pro- ceeded to consider the case of the said Elisha Doane and others against the Brig Liisanna, John Penhallow, Libellant, and to reverse the said sentences passed by the inferior and superior courts of New Hampshire.

20

Journals of Congress

Whereupon your Committee, have Come to the following resolu- tion:

Resolved, That the said capture having been made by citizens of New Hampshire carried in and submitted to the jurisdiction of that state before the completion of the Confederation, while appeals to Congress in such cases were absolutely refused by their legislature, neither Congress nor any persons deriving authority from them had jurisdiction in the said case.'

A motion was made by Mr. [Jeremiah Townley] Chase, seconded by Mr. [Jacob] Read, to strike out the latter part, viz. and in the mea,n time, &c. to the end:

And on the question, shall those words stand? the yeas and nays being required by Mr. [Abiel] Foster,

Pennsylvania, 1

Mr. Mifflin, ay | ay

Hand, ay J

Delaware, ]

►ay Mr. Tilton, no [ div.

McComb, ay I

Maryland, 1

Mr. Chase, no [ no

ay Lloyd, no I

Virginia, 1

Mr. Jefferson, ay I

ay Lee, ay

Monroe, no J

North Carolina, |

Mr. Spaight, ay J *

So the question was lost and the words were struck out. On the question to agree to the motion as amended, the yeas and nays being required by Mr. [Abiel] Foster,

New Hampshire, Mr. Foster,	ay
Massachusetts, Mr. Gerry Partridge, Osgood,	ay ay ay
Rhode Island, Mr. Ellery, Howell,	ay ay
Connecticut, Mr. Sherman, Wadsworth,	ay ay
New Jersey, Mr. Beatty,	no

' This report, in the writing of Thomas Jefferson, is in the Papers of the Conti- nental Congress, No. 44, folio 223.

January, 1784
no}*	Delaware,
Mr. Tilton,	no
■*		McComb,	no
ay		Maryland,
ay	► ay	Mr. Chase,	ay
ay^		Lloyd, Virginia,	no
no	no	Mr. Jefferson,	ay
no		Lee,	no
		Monroe,	no
no	no	North Carolina,
no		Mr. Williamson,	no
no}*	Spaight,	no
South Carolina,
		Mr. Read,	no
no	no
no

21

no

div

?-no

no

New Hampshire,

Mr. Foster, Massachitsetts, Mr. Gerry, Partridge, Osgood, Rhode Island, Mr. Ellery, Howell, Connecticut, Mr. Sherman, Wadsworth, New Jersey,

Mr. Beatty, Pennsylvania, Mr. Mifflin, Hand,

So it passed in the negative.^

Office of Finance, ^5"" January, 1784. Sir,

The Secretary of Congress has transmitted to me the Petition of John Cowper with an order to report thereon. I must on this occa- sion pray leave to observe that this with a variety of other similar transactions depends on the adjustment of the accounts of the secret and commercial Committees of Congress. In a letter of the twelfth of August last I had the honor to observe that those accounts "were far from being inconsiderable either as to their nature or magnitude. That they were involved with others and had extended themselves to different Parts of the United States and to Europe, and the West Indias; that they are more connected with the marine accounts than with any others, and that the settlement of them was highly neces- sary." I took the Uberty also (then) to suggest the propriety of submitting the investigation of those accounts to the Commissioner

'On this day, as the indorsement states, a letter of November 1, 1783, from William Williams, speaker of the Assembly of Connecticut, was read; also a letter of November 15, 1783, from Jonathan Trumbull, Governor of Connecticut. Both are in No. 66, II, folio 252. They were referred to Mr. [Thomas] Jefferson, Mr. [Arthur] Lee and Mr. [Hugh] Williamson. Committee Book, No. 186, states that the committee reported February 13.

22 Journals of Congress

for settling the Marine Accounts, or of appointing a special Com- missioner for that express purpose.

Since writing that letter the Commissioner on the marine accounts having been obliged in the course of his business to look at the com- mercial and secret committee accounts, has not only discovered some balances due to the United States; but has reported other matters which shew in a strong point of light the necessity of examining and settling those accounts. I think they could be more easily, speedUy and effectually settled by that gentleman than by any other, and therefore the submitting of them to him, might be eligible in an economical point of view.

I come now, Sir, to observe (which I am sorry to do) that my report on M^ Cowper's case must necessarily be suspended until after a reference to the Commissioner appointed to adjust the accounts of the Secret and Commercial Committees, I shall be possessed of such a state of facts as will enable me to report with propriety.

Before I close this letter, I must also observe that as the accounts in question originated with and were under the superintendance of Members of Congress, it is a kind of Duty, which Congress in their political capacity owe to themselves, to trace the applications of money thro' those channels with the same attention which has very properly been appHed to other public expenditures.'

WEDNESDAY, JANUARY 14, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Delaware, Maryland, Vir- ginia, North Carolina and South Carolina; Mr. [Richard] Beresf ord having this day taken his seat ; and from the State of New Hampshire, Mr. [Abiel] Foster, and from New Jersey Mr. [John] Beatty.

On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Elbridge] Gerry, Mr. [William] Ellery, Mr. [Jacob] Read and Mr. [Benjamin] Hawkins, to whom were referred the definitive treaty of peace between the United

' This report is in the Papers oj the Continental Congress, No. 137, III, foUo 415. According to the indorsement it was read this day and referred to Mr. [David] Howell, Mr. [Jeremiah Townley] Chase and Mr. [Arthur] Lee.

January, 1784 23

States of America and his Britannic Majesty, and the joint letter of the 10 September, from Mr. Adams, Mr. Franklin and Mr. Jay,

Resolved, unanimously, nine states being present, that the said definitive treaty be, and the same is hereby ratified by the United States in Congress assembled, in the form follow- ing: ^

THE UNITED STATES IN CONGRESS ASSEMBLED,

To all persons to whom these presents shall come greeting:

Whereas definitive articles of peace and friendship between the United States of America and his Britannic majesty, were concluded and signed at Paris on the 3d day of September, 1783, by the pleni- potentiaries of the said United States, and of his said Britannic Majesty, duly and respectively authorized for that purpose; which definitive articles are in the words following:

In the name of the most holy and undivided Trinity.

It having pleased the Divine Providence to dispose the hearts of the most serene and most potent prince, George the third, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, duke of Brunswick and Limenburg, arch-treasurer and prince elector of the holy Roman empire, &c. and of the United States of America, to forget all past misimderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore, and to establish such a beneficial and satisfactory intercourse between the two coim- tries, upon the ground of reciprocal advantages and mutual conven- ience, as may promote and secure to both perpetual peace and harmony; and having for this desirable end, already laid the founda- tion of peace and reconciliation, by the provisional articles, signed at Paris on the 30th of November, 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and to constitute the treaty of peace proposed to be concluded between the crown of Great Britain and the said United States, but

' This resolution was also entered in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.

24 Journals of Congress

which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and his Britannic majesty should be ready to conclude such treaty accordingly; and the treaty between Great Britain and France having since been concluded, his Britannic majesty and the United States of America, in order to carry into full effect the provisional articles above men- tioned, according to the tenor thereof, have constituted and appointed, that is to say, his Britannic majesty on his part, David Hartley, Esquire, member of the parliament of Great Britain; and the said United States on their part, John Adams, Esquire, late a commissioner of the United States of America, at the court of Versailles, late delegate in Congress from the state of Massachusetts, and chief justice of the said state, and minister plenipotentiary of the said United States to their high mightinesses the states general of the United Netherlands; Benjamin Franklin, Esquire, late delegate in Congress from the state of Pensylvania, president of the convention of the said state, and min- ister plenipotentiary from the United States of America at the court of Versailles; John Jay, Esquire, late president of Congress, and chief justice of the state of New York, and minister plenipotentiary from the said United States, at the court of Madrid, to be the plenipotentiaries for the concluding and signing the present definitive treaty : who, after having reciprocally communicated their respective full powers, have agreed upon and confirmed the following articles:

Aktical 1st. His Britannic majesty acknowledges the said United States, viz. New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New- York, New-Jersey, Pen- sylvania, Delaware, Maryland, Virginia, North-CaroUna, South- Carolina and Georgia, to be free, sovereign and independent states: that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof.

Artical 2d. And that all disputes which might arise in future on the subject of the boimdaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz. from the north-west angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix river to the Highlands; along the said Highlands which divide those rivers that empty themselves into the river Saint Lawrence from those which fall into the Atlantic Ocean, to the north-

January, 1784 25

westernmost head of Connecticut river, thence down along the middle of that river to the forty fifth degree of north latitude; from thence by a line due west on said latitude, imtil it strikes the river Iroquois or Cataraquy, thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the com- munication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said [lake,] until it arrives at the water communication between that lake and lake Huron ; thence along the middle of said water communi- cation into the lake Huron, thence through the middle of said lake to the water communication between that lake and lake Superior; thence through lake Superior northward of the isles Royal and Philipeaux, to the long lake; thence through the middle of said long lake and the water communication between it and the lake of the Woods, to the said lake of the Woods, thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Mississippi, thence by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty first degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty one degrees north of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint river; thence straight to the head of Saint Mary's river, and thence down along the middle of Saint Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river Saint Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid Highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river Saint Lawrence : comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova-Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic ocean, excepting such islands as now are or heretofore have been within the hmits of the said province of Nova-Scotia.

Artical 3d. It is agreed, that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Newfoundland; also in the gulph of Saint Lawrence, and at all other places in the sea,

26 Journals of Congress

where the inhabitants of both countries used at any time heretofore to fish; and also, that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of New- foundland as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Britannic majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen islands, and Labradore, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or possessors of the ground.

Artical 4th. It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.

Artical 5th. It is agreed that the Congress shall earnestly recom- mend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his majesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remahi twelve months unmolested in their en- deavours to obtain the restitution of such of their estates, rights and properties, as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which on the return of the blessings of peace should universally prevail. And that Cong- ress shall also earnestly recommend to the several states, that the estates, rights and properties of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession of the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation. And it is agreed that all persons who have any interest in confiscated lands, either

January, 1784 27

by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

Artical 6th. That there shaU be no future confiscations made, nor any prosecutions commenced against any person or persons for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account, suffer any future loss or damage, either in his person, liberty or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.

Artical 7th. There shall be a firm and perpetual peace between his Britannic majesty and the said states, and between the subjects of the one, and the citizens of the other, wherefore all hostdities both by sea and land, shall from henceforth cease; all prisoners on both sides shall be set at liberty, and his Britannic majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every post, place and harbour within the same; leaving in all fortifications the American artUlery that maybe therein, and shall also order and cause all archives, records, deeds and papers, belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

Artical 8th. The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain, and the citizens of the United States.

Artical 9th. In case it should so happen, that any place or terri- tory belonging to Great Britain or to the United States, should have been conquered by the arms of either from the other, before the arrival of the said provisional articles in America, it is agreed, that the same shaU be restored without difficulty, and without requiring any compensation.

Artical 10th. The solemn ratification of the present treaty, expe- dited in good and due form, shall be exchanged between the con- tracting parties in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we, the undersigned their ministers plenipoten-

28

Journals of Congress

tiary, have in their name, and in virtue of full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be afl&xed thereto.

Done at Paris, this third day of September, in the year of our Lord, one thousand seven hundred and eighty-three. " (l. s.) D. Hartley,

(l. s.) John Adams,

(l. s.) B. Franklin,

(l. s.) John Jay."

Now know ye that we the United States in Congress assembled having seen and considered the definitive articles aforesaid have approved, ratified and confirmed and by these presents do approve, ratify and confirm the said articles and every part and clause thereof, engaging and promising, that we will sincerely and faith- fully perform and observe the same, and never suffer them to be violated by any one or transgressed in any manner as far as lies in our power.

In testimony whereof, we have caused the seal of the United States to be hereunto affixed.

Witness his Excellency Thomas Mifflin, president, this four- teenth day of January in the year of our Lord one thousand seven hundred and eighty four and in the eighth year of the sovereignty and independence of the United States of America'. On the question to agree to this, the yeas and nays being required by Mr. [David] Howell,

New Hampshire,
Mr. Foster,	ay
Massachusetts,
Mr. Gerry,	ay
Partridge,	ay
Osgood,	ay
Rhode Island,
Mr. Ellery,	ay
HoweU,	ay

^ay

ay

Connecticut,
Mr. Sherman,	ay ay
Wadsworth,	ay
New Jersey,		1 ,
Mr. Beatty,	ay^	*
Pennsylvania,
Mr. Mifflin,	ay
Hand,	ay	► ay
Morris,	ay

' The above text is from the copy in the writing of Benjamin Bankson, in Secret Journal, Foreign Affairs, No. 5.

	January, 1784
Delaware,	^	North Carolina,
Mr. Tilton,	ay ay	Mr. Williamson,	ay
McComb,	ay	Spaight,	ay
Maryland,			South Carolina,
Mr. Chase,	ay	ay	Mr. Read,	ay
Lloyd,	ay^		Beresford,	ay
Virginia,	1
Mr. Jefferson,	ay-
Lee,	ay	-ay
Monroe,	ay_

29

ay

ay

So it was resolved in the affirmative.

Resolved, That the said ratification be transmitted with all possible despatch, under the care of a faithful person, to our ministers in France, who have negotiated the treaty, to be exchanged.

Resolved, That Colonel Josiah Harmar be appointed to carry the said ratification.^

Ordered, That the Superintendent of Finance furnish Colonel Harmar with money to defray his necessary expences.

Resolved, That a proclamation be immediately issued, noti- fying the said definitive treaty and ratification to the several states of the union, and requiring their observance thereof in the form following:

By the United States in Congress assembled,

A PROCLAMATION.

Whereas definitive articles of peace and friendship between the United States of America and his Britannic Majesty, were concluded and signed at Paris, on the third day of September, 1783, by the plenipotentiaries of the said United States and of his said Britannic Majesty, duly and respectively authorized for that purpose: which definitive articles are in the words following: [Here insert the treaty as above.]

' A draft of these two resolutions, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 287.

30 Journals of Congress

And we, the United States in Congress assembled, having seen and duly considered the definitive articles aforesaid, did, by a certain act under the seal of the United States, bearing date this 14 day of January, 1784, approve, ratify and confirm the same, and every part and clause thereof, engaging and promising, that we would sin- cerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should be in our power; and being sincerely disposed to carry the said articles into execution, truly, honestly and with good faith, according to the intent and meaning thereof, we have thought proper by these presents, to notify the premises to all the good citizens of these United States, hereby requiring and enjoining all bodies of magistracy, legislative, executive and judiciary, all persons bearing office, civU or military, of whatever rank, degree or power, and all others the good citizens of these states, of every vocation and con- dition, that reverencing those stipulations entered into on their be- half, under the authority of that federal bond, by which their exist- ence as an independent people is bound up together, and is known and acknowledged by the nations of the world, and with that good faith which is every man's surest guide, within their several offices, jurisdictions and vocations, they carry into effect the said definitive articles, and every clause and sentence thereof, sincerely, strictly and completely.

Given under the seal of the United States. Witness his Excel- lency Thomas Mifflin, our president, at Annapolis, this 14 day of January, in the year of our Lord, one thousand seven hundred and eighty-four, and of the sovereignty and mdepend- ence of the United States of America the eighth. Resolved, unanimously, nine states being present. That it be, and it is hereby earnestly recommended to the legisla- tures of the respective states, to provide for the restitution of all estates, rights and properties, which have been con- fiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts, which were in the possession of his Britannic Majesty's arms, at any time between the 30 day of November, 1782, and the 14 day of January, 1784, and who have not borne arms against the said United States, and that persons of

January, 1784 31

any other description, shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights and prop- erties, as may have been confiscated: And it is also hereby earnestly recommended to the several states, to reconsider and revise all their acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of con- cihation, which, on the return of the blessings of peace, should universally prevail: and it is hereby also earnestly recommended to the several states, that the estates, rights and properties of such last mentioned persons should be restored to them, they refunding to any persons who may be now in possession, the bona fide price, (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.* Ordered, That a copy of the proclamation of this date, to- gether with the recommendation, be transmitted to the sev- eral states by the secretary .^

[Motion of Mr. Jacob Read]

That Congress do on Wednesday next celebrate the final ratifi- cation of the Definitive Treaty of peace. And that a public enter- tainment be given on that day' to the Executive and other rcopcctablo

' The committee's report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 29, folio 315.

^ The proceedings for this day were also entered in the Secret Journal, Foreign Affairs.

^ This motion, in the writing of Jacob Read, is in the Papers of the Conti- nentalCongress, No. 36, II, folio 301. The indorsement states that it was referred to Mr. [Jacob] Read, Mr. [David] Howell and Mr. [Hugh] Wilhamson.

32 Journals of Congress

THURSDAY, JANUARY 15, 1784.

Congress assembled: Present as yesterday.

The committee, consisting of Mr. [Samuel] Osgood, Mr. [Hugh] Williamson and Mr. [James] Tilton, to whom was referred a memorial of the pubUc creditors in the city and neighbourhood of Philadelphia, report, that the said memorial sets forth, that the general assembly of the State of Pen- sylvania, did, on the 21 day of March last, pass an act authorising and directing the treasurer thereof, to make and issue notes, and deliver the same to Thomas Smith, esq. continental loan officer, to enable him to pay one year's interest on such of the said debts as are therein described, according to the directions of the United States in Congress assembled. That the said loan officer refuses the payment of the interest due to them on loan office certificates, bearing date between the first day of September, 1777, and the first day of March, 1778, unless they consent to a liquida- tion of depreciation on the interest of this class of certificates, equal to that which is established for the principal on the final redemption; that this condition destroys the solemn contracts contained in the resolutions of the 10th of Septem- ber, 1777, and adhered to in the resolve of the 28 of June, 1780, the first of which is, "that the interest which shall arise after the date of this resolution on loan office certifi- cates, already issued, or which shall be issued before the first day of March next, be annually paid at the respective loan offices in biUs of exchange on the commissioners of the United States in Paris, at the rate of five livres tournoia of France for every Spanish milled dollar, due for interest as aforesaid, or in continental bUls of credit at the option of the respective lenders." The other is, "that the interest on all loan office certificates at the rate of six per cent, per annum, computed on the principal ascertained as aforesaid, shall be discharged annually, in like manner as the principal,

January, 1784 33

until the principal shall be paid: Provided nevertheless, that the same interest and mode of payment on certificates taken out before the first day of March, 1778, shall be continued as at present, until the principal ascertained as aforesaid, be ready to be discharged." That the memorial- ists in behalf of the said public creditors, pray Congress to give directions agreeably to the intentions of the above recited resolutions.

The committee farther report, that upon inspecting the journals of Congress, they find that Congress did, on the 4th day of September, 1782, resolve that 1,200,000 dollars be quotaed on the states as absolutely and immediately neces- sary for the payment of the interests of the public debt ; but no directions are contained therein, relative to paying the intoroat on the Gcrtificatc8-abovc dcBoribcd, 0¥ the hquidat- ing the interest by the scale of depreciation; that on the 9 of September, 1782, Congress directed, "that no bill of ex- change be issued for interest due on loan office certificates, since the first day of March last," preceding. And the committee are of opinion, that the inability of Congress, to discharge the interests according to the eentraot promise, does not dissolve the same, that the creditors aforesaid are justly entitled to an equivalent, that the debt is created by the resolution of the 10 of September, 1777, and that no subsequent resolution has invaUdated the intention thereof: Whereupon,

Resolved, That the interest which has or may become due on loan office certificates, bearing date between the tenth first day of September, 1777, and the first day of March, 1778, is not subjected to any depreciation but ia csprcsaly saved tborofrom-by tho-rcaolution of the 28th of June,-

• This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 20, II, folio 173. The words crossed out bo appear in the report and not in the Journal.

98814°— 27— VOL 26 3

34 Journals of Congress

On the report of the committee, to whom was referred the letter from the postmaster general, of the 22d of November, with the papers enclosed, respecting the robbery of the mail at Princeton,

Resolved, That the president issue a proclamation, offering a reward of three hundred dollars, to be paid out of the public treasury, and charged on the revenue of the post of- fice, to any person or persons who shall apprehend and secure, in any of the goals in the United States, the perpetrator or perpetrators of the aforesaid robbery, so that he or they may be thereof legally convicted, and brought to condign punishment; and promising the same reward, with an indemnity, to any person who, being an accompUce, shall give information and evidence whereby any principal offender or offenders shall be convicted as aforesaid.'

On motion of Mr. [Jacob] Read, seconded by Mr. [Roger] Sherman,

Resolved, That a committee be appointed to devise ways and means for discharging that part of the pubUc debt, consisting of continental loan office certificates, issued between the 1 day of September, 1777, and the first day of March, 1778.

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,

Resolved, that a triphcate of the ratification of the definitive treaty, be sent to our ministers plenipotentiary, by Lieutenant Colonel David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia, for France or any port in the channel, in which neither of the instru- ments of the ratification, already forwarded, may be sent,

' This resolution, as a part of the report of the committee brought in January 6, is in the Papers of the Continental Congress, No. 19, III, folio 84.

January, 1784

35

provided such vessel shall sail before the 3 day of February- next.

Ordered, That the Superintendant of finance fm-nish Lieutenant Colonel D. S. Franks, with money to defray his necessary expences in going and returning.^

On-tho question to agree to thig-roBolution, the ycaa and naye being required by Mr; [Jacob] Ready

Ayx 1 . \J U 1 1 y ,

Mr. Partridge,' Mrr Osgood,

Mr. Howell,

ITXIT CTi-TTJX T[TH)1J~

Mr. Mifflin,

3Trr • j-Txvji i-iK? ,

fty fty ee fty

fty

fty fty fie ay fty fty fty

M*r-

Mrr-

Mr. Chase,-

ll^-" I ^ -PP ^ ■« rt j-^ ■»-»

MfT Lee, M¥t-3

Mf

Mrr Borosford,-

fty

fie fty ay ay ee ay ay

«f ay

ay

So the question -was lostT

On motion of -MrT [Elbridgc] Gerry, scoondod by Mr.

Resolved, That a committee bo ■ appointed to consider and report the most expeditious mode of sending a tripM catc of the ratification of the definitive troaty-to the plenipotentiaries of the United States in Europe.

The Committee [Mr. James Wadsworth, Mr. Eleazer McComb and Mr. Arthur Lee] appointed to consider of the best mode of transmitting a triplicate of the ratification of the definitive treaty to our Ministers at Paris recommend the following resolution.

Resolved, That it having been signified to the house that Major David S. Franks is desirous of going to France on his own affairs,

' This resolution and order were also entered in the Secret Journal, Foreign Affairs.

36 Journals of Congress

he be requested to take into his care the ratification of the D. T. and deUver it to our Ministers at Paris; that the Superintendent of Finance be directed to supply him with one hundred guineas for his extraordinary expence in so doing.*

The committee [Mr. James Tilton, Mr. Arthur Lee and Mr. David Howell] to whom was referred the memorial and petition of Capt. F. Paschke of the 11'!" Jan';, 1784, beg leave to report —

It appears to your committee that Capt. F. Paschke served as an officer in Count Pulaski's legion from 14 March, 1777, until the reduction of that corps the 18 May, 1780. That he afterwards held appointments in the Quarter Master's Department, in the Southern Army, untU its dissolution, the 13 July, 1783; and that he has obtained produced ample testimonials of his bravery, integrity, capacity and industry in the service of the United States —

• This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 285.

Ou folio 289 is the following, in the writing of Samuel Osgood: Ordered, that the Superintendent of Finance furnish Lieutenant Colonel D, Franks with guineas to defray his necessary expences.

On foUo 291 is the following, in the writing of Thomas Jefferson: Resolved, That the ratification be immediately expedited in- good and duo form under the ooal in the following form to wit [here insert the ratification] and be trans- mitted to our ministers plenipotentiary commiaoioncd to negotiate the oaid treaty by whom the said treaty was negotiated and signed.

On foUo 293 is the following, in the writing of Arthur Lee and William EDery: That certified copies of the ratification of the definitive treaty be transmitted by the President to the Governors of Connecticut, of Rhode Island, and Massa- chusetts Bay by express, and that they be requested to forward the same by the first vessel saiUng from any port in their respective states, with particular orders to the Captains, or some other trusty persons who may be going passen- gers to transmit deliver the same by express to our Ministers at Paris ao coon oa poooible immediately on their arrival.

On folio 295 is the following, in the writing of James Monroe: That the Superintendent of Finance be directed to furnish to Major Franks 200 guineas to bear his expences, of his mission with the ratification of the definitive treaty to our Ministers at Paris.

On folio 297 is the following, in the writing of Elbridge Gerry: That a triplicate of the ratification of the definitive treaty be sent to our Plenipotentiaries, by Lt. Col. David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia for France or any port in the Channel in which neither of the other instruments of the ratification already forwarded shall have been sent, pro- vided such vessel shall sail before the 3^ of February next.

January, 1784 37

Resolved, That a copy of this report be delivered to Capt. Paschke certified by the secretary.'

FRIDAY, JANUARY 16, 1784.

Congress assembled: Present as before.

The committee of the week [Mr. Abiel Foster, Mr. James Tilton and Mr. Charles Morris] report, that General Armand's letter to the President, on behalf of a number of foreign officers, together with a letter from the officers of the legion who had served imder the said general praying and empowering him to act on their behalf, in obtaining commutation for their half pay, and so much of the money due them as wiU enable them to pay their debts in this country and return to Europe; also a letter from General Duportail to General Armand on a hke subject be referred to a committee ^

SATURDAY, JANUARY 17, 1784.

Only six states being represented; namely, Rhode Island, Connecticut, Pensylvania, Delaware, Maryland and Vir- ginia; and from the state of New Hampshire, Mr. [Abiel] Foster; from Massachusetts, Mr. [Samuel] Osgood; from New Jersey, Mr. [John] Beatty; from North CaroHna, Mr. [Hugh] WUhamson, and from South Carolina, Mr. [Jacob] Read; the President adjourned the Congress tUl ten o'clock on Monday.

• This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, V, folio 37. The indorsement states that it was read on this day, and on January 21, 1784, recommitted to Mr. [James] Tilton, Mr. [Arthur] Lee and Mr. [David] Howell. The following note is added: January 23'', the papers inclosed in the within petition were this day delivered to Capt. Paschke. See post, January 22.

' This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, I, folio 97. Committee Book, No. 186, shows that the com- mittee, Mr. [Hugh] Williamson, Mr. [Samuel] Osgood, and Mr. [WiiUam] Ellery was appointed January 16. See post, January 22.

On this, or an approximate date, as the indorsement indicates, was read a letter of January 16, from John Sullivan. It is in No. 59, III, folio 69.

Also, a letter of January 16 from General Armand. It is in No. 164, folio 493.

38 Journals of Congress

MONDAY, JANUARY 19, 1784.

Three states only attending; namely, Massachusetts, Pen- sylvaniaand North Carolina; and from the State of Con- necticut, Mr. [Roger] Sherman; from Delaware, Mr. [James] Tilton; from Maryland, Mr. [Edward] Lloyd; from Virginia, Mr. [Thomas] Jefferson; the President adjourned Congress till ten o'clock to-morrow.

TUESDAY, JANUARY 20, 1784.

Only five states attending; viz. Rhode Island, Connecticut, Pensylvania, Maryland and Virginia; and from the State of New Hampshire, Mr. [Abiel] Foster; from Massachusetts, Mr. [George] Partridge; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton; from North Carolina, Mr. [Richard Dobbs] Spaight, and from South Carolina, Mr. [Richard] Beresford; the President adjourned Congress to ten o'clock to-morrow.

WEDNESDAY, JANUARY 21, 1784.

Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pensylvania, Maryland, Virginia and North Carolina ; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from South Carolina, Mr. [Richard] Beresford.

The committee, consisting of Mr. [Wilham] EUery, Mr. Edward] Hand, Mr. [Richard Dobbs] Spaight, Mr. [Thomas] Jefferson and Mr. [Arthur] Lee, to whom was referred a letter of the 6th November, from the legislature of New Hampshire, respecting the proceedings and sentence of the court of appeals in cases of capture, on the case of the ship Lusannah, having deUvered in a report, the same was called for ; Whereupon,

A motion was made by Mr. [David] Howell, seconded by Mr. [William] EUery,

January, 1784 39

That the report be postponed till the State of New Hamp- shire, whose interests are thereby materially affected, shall be represented in Congress. The report being as follows:

Your committee find, that by a resolution of Congress of November 25, 1775, it was recommended to the legislatures of the several states, to erect courts for determining the cases of captures from the enemy on the high seas; and it was declared, that in all cases, an appeal should be allowed to Congress, or such persons as they should appoint for the trial of appeals.

That this resolution was compUed with by the several states, some of them ceding appeals to Congress on a larger, and some on a more contracted scale; and New Hampshire particularly, by their act of assembly of 1776, allowing them only in cases of captures by armed vessels fitted out at the charge of the United States, and reserving the appeal in aU other cases to the supreme court of their own State. That the course of Congress was, to appoint a committee, for the trial of every special appeal, till the 30th day of January, 1777, when a standing committee was appointed to hear and determine appeals, from the courts of admiralty in the respective states. That the brigantine McClary, a private armed vessel, owned by John PenhaUow and others, citizens of New Hampshire, captured on the high seas, in the month of November, 1777, the brigantine Lusannah, the subject of the present question, carried her into Piscataqua, in the State of New Hampshire, and hbelled her before the maritime court of the said State, whereon the said vessel and cargo were by the said court condemned.

That the claimants, EUsha Doane, and others, prayed an appeal to Congress, which being refused, they appealed to the supreme court of New Hampshire, where the sentence being confirmed, they again prayed an appeal to Congress,

40 Journals of Congress

which was refused, and the sentence carried into effect, by a sale and distribution of the vessel and cargo.

That on the 9th day of October, 1778, the said Elisha Doane petitioned Congress for a revision of the said sentence, which petition being referred to the committee of appeals, they, in May, 1779, summoned the Ubellants to appear before them in defence of their right.

That on the 22d of the same month, Congress resolved, that certain resolutions of theirs, of March 6th, 1779, relative to their controul over all jurisdictions in cases of capture on the liigh seas, should be transmitted to the several states, and they be respectively requested to take effectual measures for conforming therewith. That they were accordingly trans- mitted to the State of New Hampshire, the legislature whereof, by their act of November, 1779, extended the hcense of appeal to Congress, to every case wherein any subject of any foreign nation in amity with the United States, should be interested in the dispute, and allowed it no further. That in May,

1780, a court of appeals was estabUshed by Congress, with jurisdiction over aU matters respecting appeals in cases of capture, then depending before Congress, or the commis- sioners of appeals, consisting of members of Congress. That all these transactions were prior to the completion of the Confederation, which took place on the 1st day of March,

1781. That on the 17th of September, 1783, the court of appeals proceeded to consider the case of the said Elisha Doane and others, against the brigantine Lusannah, John Penhallow, libellant, and to reverse the said sentence passed by the inferior and superior courts of New Hampshire. Whereupon, your committee have come to the following resolution:

Resolved, That the said capture having been made by citizens of New Hampshire, carried in and submitted to the jurisdiction of that State, before the completion of the Con-

Januanj, 1784

41

federation, while appeals to Congress in such cases were absolutely refused by their legislature, neither Congress, nor any persons deriving authority from them, had jurisdiction in the said case.

On the question for postponing as above, the yeas and nays being required by Mr. [Abiel] Foster,

Pennsylvania, 1

Mr. Mifflin, no [ no

Hand, no 1

Delaware, 1

Mr. Tilton, ay J *

Maryland, Mr. Chase, ay ay

Lloyd, ay

Virginia, |

Mr. Jefferson, ay \ ay

Monroe, ay J

North Carolina, Mr. Williamson, no div.

Spaight, ay

New Hampshire,
Mr. Foster,	no
Massachusetts,
Mr. Gerry,	no
Partridge,	ay
Osgood,	no
Rhode Island,
Mr. Ellery,	ay
Howell,	ay
Connecticut,
Mr. Sherman,	no
Wadsworth,	ay
New Jersey,
Mr. Beatty,	ay

r'no

ay

div.

So it passed in the negative.] ^

After farther debate on the report, an adjournment was called for and agreed to.

The committee [Mr. John Beatty, Mr. Roger Sherman and Mr. James Monroe] to whom was referred the letter from the Super- intendent of Finance of the 6*" January, covering a letter from S. Hodgdon Commissary of Military stores, report.

That the demands of the iron master, together with the disposition of the shot and shells, as stated in S. Hodgdon's letter, be referred to the Superintendent of Finance to take order.^

' The part in brackets was entered in the Journal by Henry Remsen, Jun.

' This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, IV, folio 423. The indorsement states that it was read on this day and: "to be filed an order having been given not to sell shot or shells without a special order of Congress. ' ' The letter of the Superintendent of Finance is in No. 137, III, folio 403.

Also, a letter of December 25, 1783, Boston, from John Allan was read and referred to Mr. (Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Hugh] Wil-

42 Journals of Congress

THURSDAY, JANUARY 22, 1784.

Congress assembled : Present as yesterday.

The committee, consisting of Mr. [James] TUton, Mr. [Arthur] Lee and Mr. [David] Howell, to whom was referred a petition of Captain Paschke, report,

That it appears, that Captain Paschke, served as an officer in Count Pulaski's legion, from the 14 March, 1777, until the reduction of that corps, the 18 May, 1780; that on the 16 of May, 1780, Congress resolved, " that the sum of three thou- sand dollars currency of these states, and a bill of exchange for two hundred and fifty dollars specie, be paid to Captain Paschke, late of Count Pulaski's legion, (which being dis- solved. Congress have no means of employing Captain Paschke, though a deserving officer) to enable him to return to Europe." That not chusing to cross the Atlantic during the war, he held appointments in the quartermasters' depart- ment, in the southern army, until its dissolution the 13 July, 1783: and that he has produced ample testimonials of his bravery, integrity, capacity and industry in the service of the United States. But as the definitive treaty of peace is ratified, nearly the whole of the army discharged, and the Com- mander in Chief has resigned his commission, it is inexpedient to make the promotion requested by Captain Paschke.^

Resolved, That Congress agree to the said report.

The committee, consisting of Mr. [Hugh] Williamson, Mr. [Samuel] Osgood and Mr. [William] EUery, to whom was

liamson. It is in No. 58, folio 63. According to Committee Book, No. 186, the committee reported on January 26.

Also, a letter of January 12, 1784, Philadelphia, from Eben Hazard. It is in No. folio 165.

Also, a letter of January 14, 1784, Philadelphia, from Eben Hazard. It is in No. 61, folio 169.

Also, a letter of January 4, 1784, Trenton, from George Davis. It is in No. 78, VIII, folio 51.

' This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, V, folio 35.

January, 1784 43

referred a letter of 29 October, 1783, from Major-General Duportail, requesting some immediate payment for himself and other officers belonging to the late corps of engineers; also a letter from Brigadier-General Armand of the 15 instant as well in behalf of himself and other officers belong- ing to the legionary corps late under his command, as of the said corps of engineers, report.

That the foreign officers lately in the service of the United States, who were not attached to the Une of any particular State, complain of great and singular hardships under which they have laboured during the late war. The pay which they received for a considerable time in depreciated money, was very unequal to their actual expences, nor could they be profited by the recommendations of Congress on the subject of depreciation, which afforded immediate relief to the rest of the army, because there was no State to which they could look for the balance of their pay; hence it fol- lowed, that some of them have depended in a great measure for their support, on remittances from their friends in France, while others less fortunate, have contracted considerable debts in America. That in their present situation, they neither have the means of subsisting in America, nor of returning to their native country, unless some part of the money due them by the public shall be paid. Whereupon,

Resolved, That the superintendant of finance take order for paying to the foreign officers of the late corps of engineers, and to the foreign officers lately belonging to the legionary corps, commanded by Brigadier-General Armand, also to Major Seconde, Captain BeauUeu, late of General Pulaski's corps, and to Captain Ponthiere, late aid to the Baron Steuben, such sums on account of their pay as may be necessary to relieve them from their present embarrassments, and enable those in America to return to their native country

44 Journals of Congress

and that he take guch measures for facilitiating the payment of

the condition-of the finances of the U. S.'

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson,

Ordered, That the commissary of military stores be directed not to dispose of any such stores without the express order of Congress.^

Congress proceeded to the election of a chaplain, and, the ballots being taken, the Rev. Mr. Daniel Jones was elected, having been nominated by Mr. [Arthur] Lee.

Mr. J[oseph] Montgomery, a delegate for Pensylvania, attended, and took his seat.

The committee [consisting of Mr. Samuel Osgood, Mr. Roger Sher- man and Mr. WUham EUery] to whom were referred two letters from the Paymaster General of the 15'" of December last, submit the following report:

Resolved, That the Paymaster General be and he hereby is directed, in settling the accounts of those officers who were furloughed in con- sequence of the resolution of the 26*" of May, 1783, not to credit them for the value of the rations between the time that they were actually furloughed and the time of their final discharge.'

' This report, in the writing of Hugh Williamson, is in the Papers of the Conti- nental Congress, No. 19, I, folio 95. It was also entered in the Secret Journal, Foreign Affairs. Duportail's letter is in No. 78, VIII, folio 43. Armand's letter is in No. 164, foho 489.

' This motion, in the writing of Elbridge Gerry, is in the Papers of the Conti- nental Congress, No. 36, II, folio 303.

' This report, in the writing of Samuel Osgood, is in the Papers of the Conti- nental Congress, No. 22, foUo 121. The indorsement states that it was debated this day, "Question taken and lost."

On this day, as the indorsement states, was read a letter of November 29, 1783, from Joseph Carleton, inclosing letters from Major Generals Lincoln and Knox. It was referred to Mr. [John] Beatty, Mr. [Edward] Hand and Mr. [James] Tilton. It is in No. 60, folio 35. One of Pierce's letters is in No. 165, folio 190.

January, 1784 45

FRIDAY, JANUARY 23, 1784.

Congress assembled: Present, Massachussetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia North Carolina, and South Carolina; and from the state of New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.

On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Arthur] Lee and Mr. [Hugh] WiUiamson, to whom was referred a petition of Zebulon Butler, and others, claiming under the State of Connecticut, private right of soil within the territory westward of the Delaware, formerly in controversy between the said State, and that of Pensylvania, and lately determined by a court constituted and appointed agreeably to the 9th of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, complaining that they are disturbed in their right by others, claiming under the said State of Pensylvania, and praying that a court may be instituted under the 9th Article of the Confederation, for determining the said right.

Also the rcaolutiona of the General Aoocmbly of Connecticut and the letter and proclamation of Gov. Trumbull desiring in like manner the-inatitution of 3uch a coiu't; and fm-ther notifying that

tllO' 3fttCt'"3tjtltjC '01 OOlUlGGtitCHiJ CiQilHlS-jlinSCllOt'lOIl OVCr ftll ' ti-LlO — i&(IlC19

between PcnnaylTania and the Miaaiaaippi from 11° to 12°-3" northern latitude have agreed to the following rcaolutiona :

Resolved, That a coiu't be instituted according to the said ninth Article of the Confederation, for determining the pri- vate right of soil within the said territory, so far as the same is by the said article submitted to the determination of such a court.

That the 4 Monday in June next be assigned for the appearance of the parties, by their lawful agents, before Congress, or the committee of the states, wheresoever they shall be then sitting.

46 Journals of Congress

That notice of the assignment of the said day, be given to the parties in the following form:

To the claimants of the private right of soil within the territory west- ward of the Delaware, heretofore in controversy between the states of Connecticut and Pensylvania, and adjudged by the sentence of a court constituted and appointed agreeably to the ninth of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, it is hereby made known:

That sundry individuals claiming private right of soil, under the State of Connecticut, within the said territory, have made application to Congress, stating that they have been disturbed in their said right of soil by others, claiming under the State of Pensylvania; and praying for the institution of a court for determining the said private right of soil, in pursuance of the ninth Article of Confederation : And that the foiirth Monday in June next is assigned for the appearance of the parties, by the lawful agents, before Congress, or a committee of the states, wheresoever they shall be then sitting, to proceed in the premises as by the Confederation is directed. By order of Congress,

Charles Thomson, Secretary.

Resolved, That the said notice be transmitted by the secretary, to the executives of the states of Connecticut and Pensylvania, with a request that they take proper measures for having the same served on the parties interested under their states respectively,

The committee having not had time to go through so much of the matters referred to them as relates to the claim of the said State of Connecticut to territory westward of the State of Pennsylvania beg further time for that purpose.'

The committee consisting of My [Edward] Hand, M[ [Richard Dobbs] Spaight, and Mf [James] Tilton, to whom was referred a letter from Major de Brahm, praying that a sum sufficient to defray the expence arising from his stay in Philadelphia, and that of his passage to Europe, may be granted him on account of his pay, &c., and applying for promotion, considering the disagreable situation

■ This report, in the writing of Thomas Jefferson, is in the Papers of the Conti- nental Congress, No. 19, 1, folio 477. Butler's petition is in No. 42, 1, folios 306-311.

January, 1784 47

and even distress Major de Brahm may be reduced to by his being detained in America which it appears to your committee must neces- sarily follow if he cannot procure money to enable him to return to his native country, beg leave to submit the following resolution:

Resolved, That the Superintendent of Finance be and he is hereby directed to advance Major de Brahm on account of his pay, &c., such sum as he finds necessary to enable the said Major de Brahm to return to Europe. In answer to the application of Major de Brahm for promotion, your committee submits the following resolution.

Resolved, That Major de Brahm cannot be granted the promotion he requests.*

The committee consisting of Mr [James] Duane, M^ A[rthur] Lee, M' [James] McHenry, M' S[amuel] Huntington and M' [Richard] Peters, to whom it was referred to consider and devise the Powers with which a Committee of the States shall be vested during a recess of Congress submit the following resolution :

Resolved, That the Committee of the States which shall be ap- pointed pursuant to the ninth article of confederation and perpetual union to sit in the recess of Congress for managing the affairs of the United States, or any nine of the said Committee shall be and hereby are authorized to perform and exercise, in the recess of Congress, all such powers and duties, as may be lawfully exercised by the United States in Congress assembled;

Provided, That no power is, or shall be deemed to be, hereby delegated to the said Committee of the States, for the exercise of which by the articles of confederation the voice of nine States, in the Congress of the United States assembled is requisite.^

[Motion of Mr. Edward Hand; referred to Mr. Edward Hand, Mr. James Tilton and Mr. Hugh Williamson]

Resolved, That be and he is hereby ordered to pro-

cure and lay before Congress as soon as may be exact returns of all the military, ordnance and Quarter Master's stores, the property of

1 This report, in the writing of Edward Hand, is in the Papers of the Conti- nental Congress, No. 19, II, foho 27. The indorsement states that it was delivered January 10, 1784, and recommitted January 23. De Brahm's letter is on foUo 23. See post, February 6.

' This report, in the writing of James Duane, is in the Papers of the Conti- nental Congress, No. 23, foho 163. The indorsement states that it was dehvered September 17, 1783, read on this day and referred to Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Roger] Sherman.

48 Journals of Congress

the United States, specifying the quantity and quality of each article in what manner oocurcd where deposited in whose care and in what manner secured.'

That the report of 22'? October, 1783, be referred to a Grand Com- mittee to report a requisition on the States for the payment of interest on the national debt.

M^

M'

M- M'

[James] Tilton.

[Jeremiah Townley] Chase. [Thomas] Jefferson. [Richard Dobbs] Spaight. [Jacob] Read.

Mr [Abiel] Forster. M? [George] Partridge. Mr [David] Howell. M- [Roger] Sherman. M- [John] Beatty. M- [John] Montgomery.

Ordered, That they meet in the Congress Chamber to-morrow at 10 o'clock, and proceed on the business.'

MONDAY, JANUARY 26, 1784.

Congress assembled : Present as before.

On motion of IVIr. [David] Howell, seconded by Mr. [Arthur] Lee.

Ordered, That the secretary deliver to Josiah Hewes, one of the directors of the Library Company of Philadelphia, two setts of the Journals of Congress, neatly bound, for the use of the said Library Company.

On the report of a committee, consisting of Mr. [Hugh] WiUiamson, Mr. [James] Tilton and Mr. [James] Monroe, to

' This motion, in the writing of Edward Hand, is in the Papers of the Conti- nental Congress, No. 27, foho 257. The indorsement gives it this date.

2 This motion, in the writing of David Howell, except the names of the members of the committee and the order, which are in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, II, folio 305. The indorse- ment gives it this date. The following, in the writing of Thomas Jefferson undated, is on folio 309:

That it be an instruction to the Grand Committee to prepare and report to Congress an estimate of current expences of the Continent from the !•* day of January, 1784, to the 1'5 day of January 1785.

January, 1784 49

whom was referred a memorial of Joseph Ward, and a petition of R. Frothingham,

The committee to whom was referred the memorial [of] Jos. Ward, late Commissary General of Musters, together with the petition of Richard Frothingham, Field Commissary of MUitary Stores, for him- self and the officers serving under him praying that half pay may be allowed to them as it has been allowed to officers in the line of the army beg leave to report that half pay not having been promised to the officers referred to as the condition on which their services have been performed they cannot claim it as a matter of right nor would it consist with prudence to grant such a reward informed as Congress are of the sentiments of several States concerning the grants that have been already made. Wherefore, your committee submit the following resolve.

Resolved, That half-pay cannot be allowed to any officer, or to any class or denomination of officers, to whom it has not heretofore been expressly promised.'

The Committee consisting of [Mr. Hugh WUliamson, Mr. James TUton and Mr. James Monroe] to whom was referred the memorial of Lieutenant Jn? Chever of 17** Dec?, 1783, praying for [pay] ten months after the time in which he was deranged alledging that he was employed during that period to guard British prisoners at Frederick Town at the request of the Governor and Council of the State of Maryland beg leave to report.

That they do not find that Lieutenant Chever was on duty during the time referred to under the command of any Continental officer, but in the service of a particular State who will doubtless reward his services wherefore they submit the following resolve.

That the request of Lieu' Jn? Chever to be allowed full pay from the 1^' of Jany, 1783, when he was deranged, till Nov? following cannot be granted.^

On this day, according to Committee Book No. 186, the report of Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Arthur] Lee, of

' This report, in the writing of Hugh Williamson, is in the Papers of the Conti- nental Congress, No. 19, VI, folio 149.

' This report, in the writing of Hugh WilUamson, is in the Papers of the Conti- nental Congress, No. 19, I, folio 571. The indorsement states that it was read this day and ordered to be filed.

98814°— 27— VOL 26 i

50 Journals of Congress

December 29, 1783, on Mr. [Elbridge] Gerry's motion of December 24, respecting the books and papers of the ofBce of the Secretary for Foreign Affairs, was committed. Mr. Gerry offered a new motion February 27 which was negatived that same day.

Also on this date, the report of a committee on an Address to the States on the subject of commerce, a motion of Mr. [James] McHenry and an act of the legislature of Virginia empowering Congress to take measures for counteracting the proclamation of the King of Great Britain restricting trade was referred to Mr. [Arthur] Lee, Mr. [Elbridge] Gerry and Mr. [Jacob] Read. The Virginia act is in No. 75, folio 391. The committee was renewed February 6, Mr. Lee was dropped and Mr. [Hugh] Williamson and Mr. [Jeremiah Townley] Chase added. On April 14, Mr. Thomas Jefferson was added and the instructions to the delegates of Pennsylvania, of February 5, were referred to the committee which reported April 22.

The Committee [Mr. Thomas Jefferson, Mr. Samuel Osgood and Mr. Arthur Lee] to whom was referred the motion of M? [Elbridge] Gerry for procuring access to the papers of the office for foreign affairs, have agreed to the following Resolution:

Resolved, That a Deputy Secretary for foreign affairs, should be appointed at some early day.*

TUESDAY, JANUARY 27, 1784.

Tliree states only attending; namely, Massachusetts, Con- necticut and North Carolina and from the State of Pensyl- vania, Mr. [Thomas] Miffin, and from the State of South CaroHna, Mr. [Jacob] Read; the President adjourned Con- gress till ten o'clock to-morrow.^

WEDNESDAY, JANUARY 28, 1784.

Five states only attending; namely, Massachusetts, Rhode Island, Connecticut, Pensylvania and North Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from

' This report, in the writing of Thomas Jefferson, is in the Papers of the Conti- nental Congress, No. 25, II, folio 331. The indorsement states that it was referred on this day to Mr. [Roger] Sherman, Mr. [Samuel] Osgood and Mr. [Jacob] Read.

2 This paragraph was entered in the Journal by Henry Remsen, Jun.

January, 1784 51

New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton; from Maryland, Mr. [Jeremiah Townley] Chase; from Virginia, Mr. [James] Monroe, and from South Caro- lina, Mr. [Richard] Beresford; the President adjourned Con- gress till ten o'clock to-morrow.

THURSDAY, JANUARY 29, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Maryland, Virginia and North Carolina: and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr [James] Tilton, and from South Carolina, Mr. [Richard] Beresford.

On the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [Thomas] Jefferson and Mr. [Samuel] Osgood, to whom was referred a letter of 20 December, 1783, from J. Carlton, secretary in the war office.

Resolved, That the secretary in the war office be, and he is hereby authorized and directed, to issue such commissions for promotions obtained in 1782, and such brevet commis- sions under the act of Congress of the 30 September, 1783, and other subsequent resolves, as remained unisBucd at the time of -the resignation of the late Sccrctafy-for the De- partment at Wo? have not been issued; to issue warrants on the paymaster in favor of officers who were of the fines south- ward of Maryland, for such rations retained in October, November and December, 1782, as have not yet been settled for, and for pay and subsistence advanced to the army since the first day of January last; to make monthly estimates for the government of the Superintendant of Finance, of subsistence for the officers retained in service.

Resolved, That regular returns of military stores and of the troops retained in service, be made to the war office.^

' The report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, I, folio 521. The words crossed out so appear in the report and not in the Journal. Carleton's letter is in No. 60, foho 41.

52 Journals of Congress

On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [James] Tilton and Mr. [Hugh] Williamson, to whom was referred a motion of Mr. [Edward] Hand [of January 23],

Resolved, That the principals in the several departments of quartermaster general, commissary of military stores, cloathier, and of the hospital, be, and they are hereby ordered to transmit, as soon as may be, to the war office, to be laid before Congress, exact returns of aU the stores in their respective departments, specifying the quantity and quahty of each article, where deposited, in whose care, and in what manner secured.

Ordered, That Mr. Joseph Carlton, secretary in the war office, take the speedyest and most effectual method of con- veying the foregoing resolution to such persons as are affected thereby, in any part of the United States.^

On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Hugh] Williamson, to whom were referred a letter of 25 December, 1783, from John Allan, and the papers therein enclosed.

Resolved, That a copy of the said letter be sent to the gov- ernor of Massachusetts, with a recommendation, that he cause enquiry to be made, whether the encroachments therein suggested, have been actually made on the terri- tories of the United Statca State of Massachusetts, by the subjects of his Britannic Majesty, from the government of Nova Scotia, and if he shall find any such to have been made, that he send a representation thereof to the British governor of Nova Scotia, with a copy of the Proclamation of the United States of the 14 instant which is to be enclosed to the gov- ernor of Massachusetts for that purpose, requesting him in a friendly manner, and as a proof of that disposition for peace

' This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 27, folio 255.

January, 1784

53

and harmony which should subsist between neighboring states, to recall from off the said territory, the said subjects of his Britannic Majesty, so found to have encroached thereon; and that the governor of Massachusetts be requested to inform Congress of his proceedings herein, and the result thereof.^

The report of the committee, on a letter of the 6 November, from the legislature of New Hampshire, touching the pro- ceedings and sentence of the court of appeals in cases of capture, on the case of the Ship Brig Lusannah, having been called for, and the same being read, as entered on the Journal of the 21 instant,

A motion was made by Mr. [David] Howell, seconded by Mr. [Edward] Hand,

That the consideration thereof be postponed; and on the question for postponing, the yeas and nays being required by Mr. [ Abiel] Foster,

New Hampshire,	1	:i:	Delaware,		_
Mr. Foster,	no J	Mr. Tilton,	ayj *
Massachusetts,			Maryland,
Mr. Partridge,	ay	ay	Mr. Chase,	ay	ay
Osgood,	ay		Lloyd.	ay
Ehode Island,			Virginia,	1
Mr. Ellery,	ay	ay	Mr. Jefferson,	ay
Howell,	ay		Lee,	no	•ay
Connecticut,			Monroe,	ay
Mr. Sherman,	ay	ay	North Carolina
Wadsworth,	ay		Mr. Williamson,	ay	ay
New Jersey,	* ay J	Spaight,	ay
Mr. Beatty,	South Carolina,	* ay J
Pennsylvania,			Mr. Beresford,
Mr. Mifflin,	ay
Montgomery,	ay	•ay
Hand,	ay.
So it was resolved	in the affirmative.

' This report, in the writing of Thomas Jefferson, is in the Papers of the Conti- nental Congress, No. 19, I, folio 57. See ante January 6.

54 Journals of Congress

[Motion of Mr Hugh Williamson. 29•^ January, 1784. Referred to M? Thomas Jefferson, Mr Hugh Williamson Mr David HoweU.] Resolved, That his late Commission be returned to General Wash- ington in a neat gold box to be preserved among the archives of his family.'

The Committee consisting of Mr. [William] Ellery, Mr. [Samuel] Osgood and Mr. [Edward] Hand to whom the letter of Major Gen! TCnox of the 3'? of January current with its enclosures was referred offer the following report.

It appears to your committee from an inspection of said letter and its enclosures, that Major Gen! EJiox has made the necessary provi- sions and arrangements for the security and preservation of the military stores and for the subsistence and cloathing for the troops in the department under his superintendance, that he has reduced the hospital department, and that measures were taken for making suitable reductions in the Cloathiers and Quarter Master's depart- ments;

That in consequence of directions from Gen! Washington the sev- eral lines which composed the troops in that quarter are dissolved, and that one regiment of infantry commanded by Brig. Gen! Henry Jackson and fully officered, consisting of five hundred rank and file is formed of the men whose times of service do not expire untU the year 1785 and a corps of ArtUlery under the command of Major Beauman of about one himdred and twenty; — That one comp^ of infantry would be detached to Springfield to guard the valuable public stores deposited there, a detachment of artillery at Albany, and in its neighborhood were order'd to fort Schuyler to guard certain stores which were sent there the last summer with an interttion of taking possession of the posts on the western lakes; — that a company and a small detachment of artillery miU be stationed at New York at the request and under the orders of his Excellency Gov^ Clinton imtil the powers of the civil government are fully estabhshed; and that the remainder of the infantry and the corps of artillery would be stationed in the garrison at West-point and its immediate dependencies : —

' This report, in the writing of Hugh Williamson, is in the Papers of the Conti- nental Congress, No. 36, II, folio 307. The indorsement shows that it was pre- sented and referred as above. It does not appear that the committee ever reported. The commission remained with the archives of Congress.

January, 1784 55

That great quantities of shot and shells are laying up at the furnaces where they were made and it is the opinion of Gen! Knox that those at Mount-Hope and Hibernia in N. Jersey and those at Salisbury in Connecticut should be collected to the post at West-point.

That Gen! Washington had directed him to continue to superintend the posts and military affairs in that department until the pleasure of Congress should be known, that after the several arrangements were made of the public business he was permitted to attend to his own private affairs in Boston, and that he should soon set out for that place.

Whereupon the following is submitted

Resolved, That Congress entertain a just sense of the attention of Major Gen! Knox to the business of his department, and approve of the arrangements he hath made for the security and preservation of the public military stores; for the subsistence of the troops under his command, and for the reduction of the hospital, Cloathiers, and Quarter Master's department.

The necessary arrangements having been made for the preservation and security of the pubhc military stores so far as the same come imder the direction of a military command, and the army reduced to one regiment of infantry and a small detachment of Artillery, your committee submit to the consideration of Congress whether it be necessary to continue a Major Gen! ui Command of the department or West-point, with the pay annexed to a separate department.

Your committee are of opinion that a consideration of the utility of collecting the shot and sheUs that are at Mount-Hope and Hibernia in the State of N. Jersey and at Salisbury in Connecticut to the post at West-point, cannot be properly taken up until complete returns shall have been made to Congress from the War-Office agreeably to the resolution of

Resolved, That previously to stationing a body of troops at New York to be imder the orders of the Governor, imtil the powers of the civil government of the state of New York shaU be established, a request therefor ought to be made to and granted by Congress.'

1 This report, in the writing of William Ellery, is in the Papers oj the Conti- nental Congress, No. 38, folio 371. According to the indorsement it was delivered and read this day. Knox's letter and its enclosures are on folios 375-395.

66 Journals of Congress

FRIDAY, JANUARY 30, 1784.

Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the state of New- Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] TUton.

On the report of a committee, consisting of Mr. [Samuel] Osgood, Mr. [Samuel] Hardy and Mr. [William] Ellery, to whom was referred a letter of 20 December, 1783, from the Superintendant of finance, enclosing two contracts made between the Board of War and Mr. James Byers, and a proposition made by the said James Byers, on compliance with wliich he is willing to rehnquish his contract.

The Committee to whom was referred the letter from the Super- intendant of finance of the 20*^ of Dec^, 1783, enclosing two con- tracts made between the Board of War and M? James Byars, submit the following report.

That the Board of War and Ordnance did on the 2P- of Feby: 1778, in consequence of the following resolution of Congress, viz, "That the Board of War and Ordnance be empowered to make a contract with M^ Beyers as Superintendant of a Foundery of brass cannon" contract with M- Boyers to give him a constant salary of eight hundred dollars per annum during his good behavior and only f oiu* rations of provision and one ration of forage not per day but during the then present war, and over and above these allowances twenty four ninetieths of a dollar for every pound of ordnance he should cast.

That the Superintendant of Finance states that on the 10'-'' of June, 1782, there was due to the said Boyers 3,431 dollars and 51 ninetieths on account of the above contract.

That your committee not having the documcnta therefor cannot determine on what prinoiploa the account was -adjusted, whether as the contract wa3 made when the money of the United States wao oonaidcrably deprooiated the aum was reduced by the ocalo estab- liohod or not.

That on the 20'^ of May, 1782, the said Boyers agreed, with the late Secretary at War to relinquish that part of the contract which

January, 1784 57

allowed him twenty four ninetieths of a dollar for every pound of ordnance he should cast and in lieu thereof to receive two dollars per day to continue during pleasure.

That the Superintendant of Finance has not stated how much is due under the last mentioned contract, but your Committee are of opinion, if the said Boyers has not received money on account, there may be about 2,000 dollars due.

That the said Beyers agrees to relinquish his contract which allows him 800 dollars per annum during life upon the receipt of half the debt due to him, by the pubUc; the other half to remain on interest which may amoimt to about 3000 dollars.

That as the said Boyers' life annuity may be worth about ten years purchase in ready money the proposal if agreed to would save the be in favor of the United States about 8,000 dollars.

But your committee are of opinion that notwithstanding the pro- posed advantage, justice and good faith due to the other creditors of the United States will not permit that an order should issue for the immediate payment of a definite and much less of an indefinite sum.

They arc farther of opinion that in caoo the said Boycra adhcrca to hia contract, the United Statca have a right to hia conatant

the Board of War and Commioaary of Military Stores; that the

may be diapcnacd with, in eaoo he rclinquiahco hia auppoacd right to 800 dollars per annum, othcrwioe that the Commiaaary of Military Stores should give him such dircctiono as may tend to render hia Bcrviccs beneficial to the United States.

That the said Commissary of Military Stores should propose to the said Boyers, in behalf of the United States, to relinquish all right to his services in future a mutual relinquishment -of right and

Wherefore, the following resolution is submitted:

Resolved, That the proposal of Mr. James Byers, contained in the letter of 20 December, 1783, from the Superintendant of finance, cannot be complied with.

Resolved, That the CommtBsary-of Military Storca Super- intendant of finance propose to Mr. James Byers, in behalf

58 Journals of Congress

of the United States, a mutual relinquishment of right and title to services and salary, and in case Mr. Byers shall not assent to the proposition, that the eaiS: commissary of military stores give him such directions as he is obHged to conform to by his contract.^

On the report of a committee, consisting of Mr. [John] Beatty, Mr. [James] Wadsworth and Mr. [Samuel] Osgood, to whom was referred a memorial of Calvin Partridge, administrator to the estate of the late Colonel Alden, and guardian to the children he left, praying that he may be enabled to draw four years' pay now due to the widow of the deceased.

Resolved, That as Congress, by their act of the 24 August 1780, have made provision for the widows of deceased officers, and in case there be no widow, or of her intermarriage, for the children of the deceased officer, it is inexpedient at present to alter the mode prescribed for the payment of the half-pay therein promised.^

On the report of a committee, consisting of Mr. [James] Monroe, Mr. [George] Partridge and Mr. [Hugh] Williamson, to whom was referred a letter of 23 December, 1783, from Daniel Parker, stating, that a ship called The Empress of China, will shortly sail from New York, for Canton, in China, under the command of Captain John Green, and requesting sea-letters for said Green.

Resolved, That sea-letters be granted for said Captain John Green, in the form following: Most serene, serene, most puissant, puissant, high, illustrious, noble,

honorable, venerable, wise, and prudent Emperors, Kings, Repub-

' This report, in the writing of Samuel Osgood, is in the Papers of the Conti- nental Congress, No. 19, I, folio 481. The letter of the Superintendent of Finance is in No. 137, III, folio 303. It was read December 27, 1783, and on January 9, 1784, referred to the committee.

' This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, V, folio 33. Partridge's Memorial is in No. 41, VIII, folio 68.

January, 1784 59

lies, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Council- lors, as also judges, officers, justiciaries and regents of all the good cities and places, whether ecclesiastical or secular, who shall see these Patents or hear them read :

We the United States in Congress assembled, make known, that John Green, captain of the ship called the Empress of China, is a citizen of the United States of America, and that the ship which he commands belongs to citizens of the said United States, and as we wish to see the said John Green prosper in his lawful affairs, our prayer is to aU the beforementioned, and to each of them separately, where the said John Green shall arrive with his vessel and cargo, that they may please to receive him with goodness, and treat him in a becoming manner, permitting him upon the usual toUs and ex- pences in passing and repassing, to pass, navigate and frequent the ports, passes and territories, to the end, to transact his business where and in what manner he shall judge proper, whereof we shall be willingly indebted.

In testimony whereof, &c. &c.^

The Committee consisting of M' [Arthur] Lee, M' [Elbridge] Gerry, and M? [Jacob] Read to whom the copy of a letter from M^ Van Berckel respecting M. Dumas was referred, beg leave to report, that the papers in the office of foreign affairs being inacces- sible, they have not been able to trace the sums which have from time to time been paid to M- Dumas for his services, nor to ascertain what was the agreement entered into or the promises made to him by the Secret Committee, in consequence of which he is said to have quitted his former occupation in order to devote himself to the service of the U. S. The Committee can only recommend the fol- lowing resolutions.

Resolved, That the Ministers Plenipotentiary of the U. S. in Europe be directed to enquire into the sacrifices and services of C. G. W. Dumas, and the salaries he has received for the same, and if the lat- ter have not been adequate to the former, that they allow him such an additional sum of money as shall be a final compensation for the sacrifices he may have made, and the services he has rendered.

Resolved, That Congress do not think it proper to employ a subject

' This report, in the writing of James Monroe, is in the Papers of the Conlinentai Congress, No. 19, V, folio 11. Parker's letter is in No. 78, XVIII, folio 509.

60 Journals of Congress

of any other nation, in Ministerial offices of confidence at Foreign Courts.'

The Committee [Mr. David Howell, Mr. Arthur Lee and Mr. James THton] to whom was referred a letter of Dec- 13, 1783, from Jo' Reed, Esquire, offer to Congress the following report:

Resolved, That Congress always entertained a high sense of the zeal, abilities and activity in the pubUc service manifested by Joseph Reed, Esquire, formerly Adjutant General in the service of the United States, and late President of the State of Pennsylvania.'

The Committee [Mr. Roger Sherman, Mr. James Tilton and Mr. George Partridge] to whom was referred the petition of Captain Ebenezer Sullivan one of the hostages delivered to the enemy for the redemption of the prisoners taken at the Cedars in Canada on the 20'-'' May, 1776, praying for a settlement of his accounts of pay and rations, and an allowance for his sufferings loss of clothing &c., report —

That it appears by the journals of Congress that on the third of AprU, 1778, the Board of Treasury reported that the sum of one thousand and eleven dollars should be paid him in full compensation of his services and sufferings as a hostage for the troops taken by the enemy at the Cedars in May, 1776, which was ordered by Congress to be paid. That by the resolutions of the 30'?" March and the 19'!" of May, 1778, he was entitled to pay and rations, whUe in the enemy's possession and to pay, without rations when on parole. That it appears by the certificates of the Commissary of prisoners, that the said hostages were released the 11'" of February 1782. That on the 25*" of May, 1781, it was resolved, That aU officers who are hostages, and arc liable to be called for by the enemy, and are not continued in the line of any State, shall be entitled to their full pay until redeemed, and to half pay for life afterwards, in the same manner as officers of equal rank redeemed by the late arrangement. And by Captain Sullivan's account he received his pay in bills of the New Emissions, to the last day of August 1780. Whereupon the Com- mittee submit the following resolution.

' This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 19, II, foUo 157. It was delivered this day, the indorsement states. See post, December 10, 17S4.

^ This report, in the WTiting of David Howell, is in the Papers of the Continental Congress, No. 19, V, folio 237. The indorsement states that it was read on this day.

Februanj, 1784 61

Rcaolvcd, That John Piorco paymaotcr goDcral be author iBcd and diroctod to adjuat and gottlo the aceounta of Captain Ebcnoacr Sul livan and givo him a cortificatc for what may appear to be justly due to him in the aamo manner as is gircn to other ofScera of tho lino of the army

Resolved, That the Superintendant of Finance be directed to take order for the settlement of the accounts of Captain Ebenezer Sullivan agreeably to the Resolutions of Congress, and for issuing a certifi- cate for what may appear to be justly due to him of the same tenor as those issued to the officers of the line of the army.*

MONDAY, FEBRUARY 2, 1784.

Congress assembled : Present, Massachusetts, Connecticut, Pensylvania, Maryland, Virginia, North Carolina and South CaroUna; and from the State of New Hampshire, Mr. [Abiel] Foster; from Rhode Island, Mr. [William] EUery; from New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.

[Robert Morris's report.]

Marine Office, 21st January, 1784. Sir:

On Receipt of the Petition of Nathaniel Greenwood, together with the Order of Congress of the ninth Instant to report I trans- mitted them to the Commissioner of the Accounts of that Depart- ment. I now humbly beg Leave to report to Congress a Copy of his Letter on that Subject to me.

[Enclosure: Joseph Pennell's letter to Morris.]

Marine Office, Philad^ £OtJt. January, 1784. Sir:

I cannot find amongst the Marine Papers anything to satisfy me that the Brig Washington Capt. Martindale was a Continental Vessel though I meet with some circumstances which induce me to believe

' This report, in the writing of Roger Sherman, is in the Papers of the Conti- nental Congress, No. 19, V, foUo 465. The indorsement states that it was deliv- ered January 29 and on January 30 the question taken and passed in the negative. Sullivan's petition is in No. 42, VII, folio 174.

62 Journals of Congress

that she was one of those Vessels fitted out by Order of his Excel- lency Gen! Washington in the early part of the War and as the Certificates accompanying the Petition of Mr. Nathaniel Greenwood neither ascertain the Time or Terms of his Entry nor his Station on board the Washington admitting her to have been a Continental Vessel of War it will be necessary to enquire further into the matter I therefore beg leave to submit the following Report Viz- The Agent of Marine to whom was referred the Petition of Nathaniel Greenwood together with its Inclosures by Resolve of Congress of 9th Inst, begs leave to Report that as Congress have directed that the Marine Accounts prior to 1st January, 17S2, be settled by Com- mission the said Petition together with its Inclosures be referred to the Commissioner appointed to settle those Accounts. I return you the Resolve with its Inclosures.'

' This report is in the Papers of the Continental Congress, No. 137, III, folios 439-443. According to the indorsement, it was read February 2, and entered.

On this day, according to the indorsement, was read a letter from General J. Sullivan, dated Philadelphia, January 24, 17S4. It is in the Papers of the Continental Congress, No. 44, folio 225.

Also, a copy of a letter, dated Havannah, December 14, 1783, from Oliver Pollock, which was referred February 3 to Mr. [Jacob] Read, Mr. [Thomas] Jefferson and Mr. [Jeremiah Townley] Chase. It is in No. 50, folio 417.

Also, a letter of January 21 from the Superintendent of Finance. It was referred to Mr. [William] Ellery, Mr. [John] Beatty and Mr. [Abiel] Foster. It is in No. 137, III, foUo 431.

Also, another letter of February 2 from the Superintendent of Finance. It is in No. 137, III, folio 451.

Also, another letter of January 21 from the Superintendent of Finance. The indorsement states that it was referred February 3 to the Grand Committee of January 23. It is in No. 137, Appendix, foUo 313.

Also, a letter of December 16, 1783, from Major General Philip Schuyler. It was referred to Mr. [Arthur] Lee, Mr. [Thomas] Jefferson and Mr. [Hugh] Williamson. It is in No. 153, III, folio 629.

Also, a letter of January 24, 1784, from the Superintendent of Finance. It is in No. 36, folio 75.

Also, a letter of January 20, 1784, from the governor of New York. It is in No. 36, foHo 79.

Also, a letter of January 21, 1784, from Major General Robert Howe. It is in No. 36, folio 99.

Also, a memorial of February 2, 1784, from refugees from Canada, which was referred to Mr. [Thomas] Jefferson, Mr. [Elbridge] Gerry and Mr. [Edward] Hand. It is in No. 35, folio 197.

Also, a letter of February 2, 1784, from William Duer relative to the Canadian refugees. It is in folio 199.

February, 1784 63

^ TUESDAY, FEBRUARY 3, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.

The committee, consisting of Mr. [Jeremiah Townley] Chase, Mr. [Edward] Hand and Mr. [Roger] Sherman, to whom was referred a letter of 29 January, from J. Carlton, secretary in the war office, stating, that on the final adjust- ment of his accounts, as paymaster to the late Board of War and Ordnance, there remains a balance of 320 doUars due from him to the United States, report,

"That they find upwards of sixty millions of dollars passed through the hands of Mr. Carlton in his negotiations, and in the opinion of the committee, the loss of three hundred and twenty dollars, in the course of business of such extent, is very inconsiderable, and cannot be imputed to want of fideUty or neglect, but to unavoidable casualty:" WTiere- upon.

Resolved, That the register of the treasury be, and he is hereby directed in the settlement of the account of the said Joseph Carlton, to credit hun with three hundred and twenty dollars for the loss thus by him sustained.^

On the report of a committee, consisting of Mr. [John] Beatty, Mr. [Edward] Hand and Mr. [James] Tilton, to whom was referred a letter of 19 January, from Lieutenant Colonel Murnan, of the corps of engineers, desiring leave to resign.

The committee to whom was recommitted the letter and papers from Lt. Col. Murnan, requesting leave to resign his Commission and

' This report, in tlie writing of Jeremiah Townley Chase, is in the Papers of the Continental Congress, No. 19, I, foho 523. Carleton's letter is in No. 60, folio 45.

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be furnished with letters of recommendation to the French Ministry, beg leave to report: That since the recommitment " of the papers, they have received a letter from the Sec? at War "acquainting them that" about two months ago, the Com' in Chief gave it as his opinion, that the Officers of the Corps of Engineers, who are now in America, should be retained in service: for the purpose of Superintending the works and fortifications of the United States that are now, or hereafter shall be established on the Frontiers for the defence of the Western inhabitants and that the Officers of this Corps, in consequence of this opinion consider themselves in service and entitled to the cmoluxncnta of their commiaoiono up to thio time. — Wherefore your committee aubmit the following rcaolutiona :

That Lt. Col. Murnan has produced many ample and honorary testimonials of his having distinguished himself a zealous, active, intelligent and brave Officer from the ComJ in chief and the several General Officers under whose particular orders he has at different times served. Wherefore your Committee submit the following resolutions:

Resolved, That the resignation of Lieutenant Colonel Mur- nan be accepted.

Resolved, That Congress entertain a due sense of Lieu- tenant Colonel Murnan's abilities and services; aind-irocly

Hjm.l'Jl iiTlXr (J11T13 tU!13txXlJ.\yiJ.V^Jl.^TJUVli V_HLJ.n-/ it\jyJi.yJ fJiXLlKJi-i \jj.

hie conduct ; and that the secretary be diroctod to furnish him with a copy of thio roaolution, and that the secretary deliver him a copy of this act, as a testimony of their ap- probation of his conduct.^

On the report of a committee, consisting of Mr. [Roger] Sherman, Mr. [Samuel] Osgood and Mr. [Jacob] Read, to whom was referred a motion of Mr. [Elbridge] Gerry, re- specting the papers belonging to the ofl&ce for foreign affairs,

Resolved, That an under secretary be appointed to take the charge of the papers belonging to the office of the late

' The report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 19, IV, folio 469. The words crossed out so appear in the report and not in the Journal. Murnan's letter is in No. 78, XVI, folio 403.

February, 1784 65

Secretary for foreign affairs, until the further order of Con- gress: that the membcra of Congrces have liberty to pe

to-thom and that none of them be taken out of the offico »iee or cxtracta taken from them without the ission of ■Congress and and that the said under secretary make and lay before Congress, a list of the said papers.^

Ordered, That Thursday next be assigned for the election of the said under secretary.

On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [David] Howell and Mr. [Hugh] WilUamson, to whom was referred a letter from Brigadier General Armand, in behalf of the foreign ofl&cers of the corps of engineers, the legionary corps, &c.

The Committee consisting of M'. [Edward] Hand, M'. [David] Howell, and M^ [Hugh] WiUiamson to whom was referred a letter from Brigadier General Armand of the 26'" Jany., 1784, in behalf of himself and the other foreign officers, requesting that measures may be talien for securing the punctual payment of the interest arising on the balances of pay due to them, beg leave to offer the following resolve :

Resolved, That the Superintendant of finance be, and he is hereby directed to take measures, as far as may be consistent with the finances of the United States, for remitting annually to the foreign officers of the late corps of engineers, the legionary corps lately commanded by Brigadier General Armand, to Major Segond and Captain BeauKeu, late of General Pulaski's corps and to Captain Pontiere, late aid- de-camp to Baron Steuben, the interest of such sums as may remain due to them respectively, after the payments which

' The report, in the writing of Roger Sherman, is in the Papers of the Conti- nental Congress, No. 25, II, folio 329. The words crossed out so appear in thfe report and not in the Journal.

98814°— 27— VOL 26 5

66 Journals of Congress

shall have been made to them in consequence of the resolu- tion of the 22d of January last.^

The Committee of the Week [Mr. John Montgomery, Mr. Richard Beresford and Mr. Elbridge Gerry] report that the memorial of Lieutenant Palmer Cady of General Hazen's regiment, be read in congress.^

The Committee [Mr. John Beatty, Mr. Edward Hand and Mr. James Tilton] to whom was referred a Letter from B. Gen. Armand, praying for the promotion of Captains De Bert and Le Brun, and Lieuts. De Fontivier and Verdier, late of the Legion, and that Congress would also be pleased to accept his resignation; and the Letter from the Chevalier de la Luzerne, requesting the promotion of Lieuts. Le Roy and Marcellin, late of the Pen? Line, beg leave to report.

That on perusing the papers before them, and the Journals of Congress, they find that the greater part of the Foreign Officers who have served in the army of the United States, have at different times been promoted. That appHcations for the promotion of those gentlemen were made to Congress when assembled at Princeton, and would probably have been attended with equal success with those of Captains Second, du Pontiere, I'Enfant, Majors Vill- franche and Murnan had not the adjournment of Congress inter- vened. That they conceive it will reflect dishonor on them, since they are going to France where their merit and conduct will be judged of by the marks of approbation Congress shall bestow on them compared with those they have given to others. That they have served with great reputation in the American army until its dissolution, as appears from testimonials produced.

Your Committee therefore propose the following Resolutions:

Resolved, That the commissions of Majors by Brevet in the army of the U. S. be issued to Captains de Berdt and Le Brun, and the Commissions of Captains by Brevet be issued to Lieutenants Fonti- vier, Verdier, Le Roy and Marcellin.

' This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, I, foUo 99. It was also entered in the Secret Journal, Foreign Affairs. Armand's letter is in No. 164, folio 501.

2 This report, in the writing of Richard Beresford, is in the Papers of the Conti- nental Congress, No. 19, I, folio 492, indorsed upon the memorial. It was read on February 3 and referred to Mr. [Edward] Hand, Mr. [John] Beatty and Mr. [Abiel] Foster,

February, 1784 07

Resolved, That the Resignation of Brig? Genl' Armand be accepted.

Resolved, That Congress entertain a high and grateful sense of the many signal services rendered by B. Gen: Armand in the course of the late war, and that they request him to receive this public testimony of their entire approbation of his conduct as a tribute justly due to his distinguished merit.'

WEDNESDAY, FEBRUARY 4, 1784.

Six states only attending; viz. Rhode Island, Connecticut, Pensylvania, Virginia, North CaroUna and South Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from Massachusetts, Mr. [George] Partridge; from New- Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from Maryland, Mr. [Jeremiah Townley] Chase; the President adjourned Congress till ten o'clock to-morrow.

THURSDAY, FEBRUARY 5, 1784.

Six states only attending: viz. Massachusetts, Connecti- cut, Pensylvania, Maryland, Virginia and North CaroUna; and from the State of New Hampshire, Mr. [Abiel] Foster; from Rhode Island, Mr. [David] Howell; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from South CaroUna, Mr. [Richard] Beresford; the President adjourned Congress to ten o'clock to-morrow.

FRIDAY, FEBRUARY 6, 1784.

Congress assembled: Present, Massachusetts, Connecti- cut, Pensylvania, Maryland, Virginia, North Carolina and South CaroUna; and from the State of Rhode Island, ||

' This report, in the writing of John Beatty, is in the Papers of the Continental Congress, No. 25, II, folio 337. The indorsement states that it was read on January 30, and on this day referred to Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [Edward] Hand.

On this day, according to the indorsement, was read a letter from Governor George Clinton, dated January 31, regarding garrisons for the western posts. It was referred to Mr. [Arthur] Lee, Mr. [Roger] Sherman and Mr. [Jacob] Read, who reported February 23. See Post April 3,

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Mr. [William] Elleryil ; from New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] TUton.

On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [Edward] Hand, to whom was re-committed a report on a letter of 22 January, from Brigadier-General Armand, and a letter from the honorable the Minister of France,

The Committee consisting of [Mr. Hugh Williamson, Mr. Jacob Kead and Mr. Edward Hand] to whom were referred letters from the Minister of France, from B^ Genl. Armand and from Mr. General Duportail with sundry other papers requesting that promotion may be granted to certain foreign officers, beg leave to report that from the letters and papers in their hands, it appears that during the session of the late Congress and before the resignation of the Com? in Chief applications had been made by the minister of France in favour of Lieuts. Le Roy and MarceUin, and by General Armand in favor of Captains De Birt and Le Brun and of Lieuts. Verdier and Fontivieux, that on the sixth of November, an application waa

hia Aid do Camp who had acrvcd with him during the aicgca of Gha3. Town and York without obtaining any special promotion, and that on the 19'" of Nov. last Captain Houdin had petitioned for promotion, his request being supported by certificates from the Commander in Chief and sundry other general officers. It further appears that the gentlemen referred to during several years active service here, acquired the reputation of vigilant and good officers. That about the time in which these applications were made, sundry other foreign officers were promoted whose claims and services were similar to those of the officers just mentioned, whence it is appre- hended that as the appHcations were made in due time and while those ofiicers in general were in service, their want of success, which appears to have been accidental may bear a construction unfavourable to the character of those oflBcers, when they return to their native Country, wherefore your Committee submit the following resolve:

That the Commissions of Major by Brevet be issued to Capt. De Bert, Capt. Le Brun Capt.Caataign and Capt, M! G. Houdin, and

February, 1784 69

the Commissions of Captains by Brevet be issued to Lieuts. Verdier, Lieut. Fontivieux Lieut. Le Roy and Lieut. Marcellin.

Major Do Brahm who has acrvod near six ycara aa a major in tho Corps of Enginocra, having rcprcBcntcd that hia leave of abacnco from the service of his Prince the Elector of Thiora did not extend beyond the continuance of the war in America, and requcatcd such marli:3 of attention ao have been shown to other foreign officers in lilvo cireumstancco,

to Fcrd^' J. S. de Brahm, and tliat he be informed by the Under Secretary at War that hia farther services to the U. S. are dispensed

Resolved, That the commissions of major by brevet, be issued to Captains De Bert, Le Brun CaBtaigno and M. G. Houdin; and the commissions of captain by brevet, be issued to Lieutenants Verdier, Fontivieux, Le Roy and MarceUin.

On the report of a committee, consisting of Mr. [Edward] Hand, Mr. [Richard Dobbs] Spaight and Mr. [James] Tilton, to whom was referred a letter from Major F. J. S. de Brahm,

The Committee consisting of M? [Edward] Hand, Mf [Richard Dobbs] Spaight, and M? [James] Tilton to whom was recommitted a letter of the 29 Dec' 1783 from Major de Brahm praying that a sum sufficient to defray the expence arising from his stay in Phila- delphia and that of his passage to Europe may be granted him on account of his pay, &c., and applying for promotion. Report that his request as far as it respects an advance of money has been com- phed with by a resolution of Congress of the 22 January, 1784.

On his apphcation for promotion, your committee report, that Major de Brahm has served in the rank of Major from the 11 Febru- ary, 1778, and that in their opinion the indulgence which has been generally granted to other Foreign officers, ought to be extended to Major de Brahm. They therefore submit the following resolution.

Resolved, That a brevet commission of lieutenant colonel, be issued to Major de Brahm, of the late corps of engineers,

' This report, in the writing of Hugh Williamson, is in the Papers of the Conti- nental Congress, No. 25, II, folio 335.

70 Journals of Congress

and that he be informed that his farther services are dispensed with.^

Ordered, That the order of the day for electing an under secretary, to take charge of the papers in the office for foreign affairs, be postponed to Tuesday next.

The Committee consisting of M^ [William] Elleiy, Mr [John] Beatty and M'- [Abiel] Foster to whom the letter of the Superin- tendent of Finance of the 16'" January, 1784, respecting a claim of D. Sprout for Money advanced to the Naval prisoners with its enclosure was referred, report.

That if any supplies were furnished by David Sprout to any citizens of the United States while they were prisoners to the British during the late War, at the request of States to which they belonged, or at the request of such citizens; to such States or citizens he should apply for compensation; but as it appears from his letter that no public charge was ever intended to be made by him, the United States in Congress assembled are not accoimtable.'

Extract of instructions from the general Assembly of Pennsylvania to their Delegates in Congress dated Dec- 9'^ 1783:

"This state as a Member of the republic of the United States has ever considered its immediate interest but in subordination to that of the great whole, and as national honor is of the first consideration, this house cannot be too solicitous that all engagements to the public creditors of every species and particularly the army who have so distinguished a claim to our esteem and gratitude, should be faithfully performed. They are therefore of opinion that the requisitions of Congress upon the states for fimds, if yet insufficient, should be extended till they are fully commensurate to this object; and that the business of setting off the lands designed by Congress for our line should bo expedited, and the allotment of them in the vicinity of their other lands granted by this state requires your particular attention it being considered by them as an essential point.

' This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, II, folio 21. Armand's letter is in No. 164, folio 497. On January 22 it was referred to Mr. [John] Beatty, Mr. [Edward] Hand and Mr. [James] Tilton, and recommitted at some later day.

' This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, V, folio 381. The indorsement states that it was read this day and on February 11, 1784, referred to Mr. [Jacob] Read, Mr. [Richard Dobbs] Spaight and Mr. [James] Tilton. See poet, May 3.

February, 1784 71

Certain measures now pursuing by some European states having a tendency materially to injure the general trade of America the attention of this house is naturally turned to the aflFairs of Commerce and herein are struck with an apparent defect in the constitution of Congress for as the local exercise within the states, of the powers of regulating and controlling trade, can result only in discordant sys- tems productive of internal jealousies and competitions, and iUy calculated to oppose or counteract foreign measures, which are the effect of an imity of Council; this house are clearly of opinion that the individual as well as general good will be best consulted, by relinquishing to Congress aU these separate and independant powers,

And this house are willing and desirous on the part of Pennsyl- vania to concur in substantiating this idea, by the necessary legal acts.

Another object of national consideration has been the establish- ment of a mint, and this house are desirous, your abilities should be employed to carry that useful design into effect." Submitted by

Thomas Mifflin. John Montgomery. Edw? Hand.

Annapolis, 5" Febuary 1784^

[Motion of Mr. Jacob Read.]

Resolved, That the deputies from the late hostile Tribes of the Six Nations now assembled at be informed by the Commissioners

for Indian affairs, that Congress are weU pleased with their visit and accept it as a mark of their disposition to renew the friendship which subsisted so many ages between their ancestors and the citizens of these States.

That Congress have resolved to take the earliest opportunity to enter into a treaty of friendship and commerce with the Six Nations and other Indians lately at War, and for that purpose will appoint Commissioners to meet their chief men at the Jcnc30C upper town some proper place on the first day of June, and that in the interim

' This extract is in the Papers of the Continental Congress, No. 24, folio 175. The indorsement states that it was read on this day and referred to Mr. [Arthur] Lee, Mr. [Elbridge] Gerry, Mr. [Jacob] Read, Mr. [Hugh] WiUiamson and Mr. (Jeremiah Townley] Chase. See post, April 22, 1784.

72 Journals of Congress

Congress recommend to the Six Nations to employ themselves in hunting and in raising corn for the support and maintenance of their women and children, and that as a mark of the disposition of Congress toward the Six Nations, Traders shaU be allowed to go among them in the Spring.

Rcaolvcd, aldo, That the Agent for Indian Affairo for the Wcatcm Department be directed to take the proper atcps to aaacmble the chief men of the late hootilc wcatcm nationa of Indiano at Detroit, to meet Commiaaioncra whom Congress will appoint to be there on the firat day of September next, for the purpose of making terms of peace, and entering into a treaty of friendship and commerce with those nations. — That in the meantime Congress recommend to them to employ thcmsclvca in himting and planting com to provide for their women and children, and that Congrcaa will permit tradcra to go among them immcdiatclj-.

Resolved, That the said Agent be directed to take the most effectual steps to invite the chief men of the Indian nations inhabiting north of Ilhnois river and east of the Mississippi, and of all the nations inhabiting on the waters of the lakes from Michigan to the Lake of the Woods inclusive, to meet Commissioners from Congress on the 1°' day of October next at Michilimackinac for the purpose of entering into Treaties of friendship and commerce.

Resolved, That the said Agent confer with the Superintendant of Finance on the expences of this business.'

The Committee of the Week [Mr. Edward Lloyd, Mr. John Beatty and Mr. David HoweU] report that the foregoing petition from several foreign officers be referred to a special committee.'

' This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 30, folio 203. According to the indorsement it was referred on this day to Mr. [Arthur] Lee, Mr. [Hugh] Williamson, Mr. [Edward] Hand, Mr. [Jacob] Read and Mr. [Elbridge] Gerry. See post, February 10.

On this day, according to the indorsement, was read a petition of Lieutenant G. Diong. It is in No. 42, II, folio 303.

' This report, in the writing of Edward Lloyd (?), is in the Papers oj the Conti- nental Congress, No. 42, VI, folio 92. The petition, from Lillie, Liebert, Gosselin, Diony and Selin, of Hazen's regiment, undated, is on folio 89. The indorsement states that it was read on this day.

On this day, as the indorsement states, was read a letter of February 5, from Brigadier General Moses Hazen's and referred to Mr. [Hugh] Williamson, Mr. [George] Partridge and Mr. [Arthur] Lee. It is in No. 78, XI, folio 285. Com- mittee Book, No. 186, says the committee reported March 27.

February, 1784 73

SATURDAY, FEBRUARY 7, 1784.

Five states only attending; viz. Massachusetts, Rhode Island, Connecticut, Pensylvania and North Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton; from Maryland, Mr. [Jeremiah Townley] Chase, and from Virginia, Mr. [Arthur] Lee; the President adjourned Congress to ten o'clock on Monday.

MONDAY, FEBRUARY 9, 1784.

Six states only attending; viz. Massachusetts, Rhode Island, Connecticut, Pensylvania, Virginia and North Caro- lina; and from the State of New Hampshire, Mr. [Abiel] Fos- ter; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from Maryland, Mr. [Jeremiah Townley] Chase; the President adjourned Congress till ten o'clock to-morrow.

TUESDAY, FEBRUARY 10, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Virginia, North Carolina and South CaroUna; and from New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from Maryland, Mr. [Jeremiah Townley] Chase.

On the report of a committee, consisting of Mr. [Arthur] Lee, JofforBon Mr. [Hugh] Wilhamson, Mr. [Edward] Hand, Mr. [Jacob] Read and Mr. [Elbridge] Gerry, to whom were referred a report on letters of 16 and 30 December, from General P. Schuyler, and a motion of Mr. [Jacob] Read thereon.

Resolved, That General Schuyler be, and he is hereby directed to expedite the return of the deputation from the late hostile tribes of Indians, with information to their

74 Journals of Congress

constituents, that due notice shall be given them of the time and place where Congress will hold a meeting, for settling a general treaty with the Indian nations, which meeting they may rest satisfied will be held as soon as the season and other necessary circumstances will permit. In the mean time, the Indian tribes may be assured of the protection of the United States, so long as they continue in the peaceable disposition which they now manifest, and which is highly pleasing to Congress.^

Ordered, That the election of an under secretary, to take charge of the papers in the office for foreign affairs, be post- poned tUl to-morrow.

[Motion of David Howell]

Whereas notwithstanding letters have been repeatedly written to the states unrepresented in Congress urging them in the strongest terms to send on their Delegates yet such has been the inattention of several of the states to this important point that there have been but eight states on the fioor for twenty days past, and nine states for a few weeks only since the commencement of the present Congressional year,

And whereas busincas of the groatcat importance Congress have in contemplation to adjourn sometime in May next for the rest of the year, provided the important business before Congress which requires the consent of nine states can be by that time decided,

Resolved, That the President write to the states of New Hampshire, New York, New Jersey, Delaware and Georgia, earnestly requesting them to send forward their Delegates to Congress, that the public important business of the United States which requires a speedy decision may be despatched, that Congress may adjourn at the time proposed.

Resolved, That the President write to the Supreme Executives of the States of New Hampshire, New York, New Jersey, Delaware and Georgia, and inform them that Congress have in contemplation to adjomn in the month of May next and leave a Committee of the States

' Thia report, in the writiog of Arthur Lee, is in the Papers of the Continental Congress, No, 30, folio 201,

February, 1784 75

in session the rest of the year and that the affairs of the U. States absolutely require that those states should send forward their Dele- gates to Congress for the despatch of the public business in the mean time.

M: [Arthur] Lee, M: [William] EUery, M^ [John] Beatty.'

[Motion of Mr. James Monroe; referred to Mr. Elbridge Gerry, Mr. James Monroe, Mr. Jacob Read, Mr. Roger Sherman and Mr. David Howell.]

That the committee on the memorial from Canadian Refugees be instructed to examine the engagements of Congress and of the com- mander La chief to the people of Canada and report their opinion how far the public faith under the laws of nations is thereby en- gaged to make good the losses they have sustained from the part they have acted imder those engagements.^

■ This motion, in the writing of William Ellery as to the preamble and the first motion, and of David Howell as to the second motion, is in the Papers of the Continental Congress, No. 36, II, folios 311-313. The indorsement states that it was referred on this day to the above-named committee.

' This motion, in the writing of James Monroe, is in the Papers of the Conti- nental Congress, No. 35, folio 69. See post, February 13, 1784.

Another undated motion, in James Monroe's writing, is in No. 35, folio 89, as follows:

Resolved, That the several addresses from the U. S. in Congress assembled to the people of Canada Contain only invitations to them to join in the confideracy upon the common principles of the Union, equally to commit their lives and fortunes to the incertain events of War and to submit in either contingence to the consequences thereof.

That as the advantages and disadvantages, in either event were before them, the obvious reward on the one hand, freedom and the probable loss on the other, that of life and property, the exertion of every individual was the effect of a voluntary choice and preference for that alternative and that the losses which he may have sustained from the B. Government as a penalty for such conduct do not by any engagement expressed or implied, entitle him to retribution from these States and that such a claim is not authoriz'd by the usage of nations in similar circumstances.

That the attachment of these individuals to the American interest, their attention to our troops in Canada and the losses which these considerations expos'd them to, altho' they found no claim for retribution, entitle them to the gratitude and attention of these States and that from motives of humanity as well as policy it is advisable to give them such compensation as will relieve their distresses.

76 Journals of Congress

[Report of the Committee on Memorial of Refugees from Canada. Committed to M? Elbridge Gerry, M? James Monroe, M? Jacob Read, M^ Roger Sherman, M? David Howell.]

The Committee consisting of M? [Thomas] Jefferson, M? [El- bridge] Gerry and Mr. [Edward] Hand to whom were referred a memorial from Sundry officers. Merchants and Traders, in behalf of themselves and other refugees from Canada, a letter from his Excell? Governor Clinton, one from the Superintendant of Finance, one from Major Gen! Howe, one from M.^ W"? Duer and the Copy of an address to the Inhabitants of Canada, dated 24'^ Jan^, 1776, Submit the following report:

That there are a number of Canadian refugees of various descrip- tions who, induced by the recommendation of Congress, and actu- ated by a love of Liberty did in the year 1776 espouse the American cause by taking arms in its defence, or by furnishing supplies to the troops employed in Canada; that when the Americans were un- successful in Canada, those generous friends followed our fortunes and retired with our army, which has occasioned the loss of the greatest part of their property and reduced many of them to the utmost distress, insomuch that those who formerly lived in affiu- ence are now indebted to the cold hand of Charity for the means of subsistence.

That the United States in Congress assembled, from a sense of the merit of those unhappy people, did by a resolution of the 23- April last signify to them a willingness to relieve their distresses when circumstances should admit thereof. Yom- Committee beg leave further to report that a number of the said refugees at or near West Point do now draw rations from the public magazines for the subsistence of themselves and families, and create thereby a heavy expence to the United States, without affording an adequate relief to their sufferings; that to avoid this expence and at the same time to afford the sufferers that support which humanity and justice appear to demand, and which Congress have acknowledged they merit, your Committee submit the following Resolve:

That three Commissioners be appointed to ascertain the property and circumstances OF THE CANADIAN REFUGEES at the time they re- paired to the American Standard, their conduct and services during the late War, and the sacrifices they have made in Consequence thereof, and to report to Congress the particular case of each indi-

Februanj, 1784 77

vidual; that the said Commissioners be and they are hereby author- ized and instructed to give orders for stopping the Issues of rations to such of the said refugees as may not appear to merit the further assistance of the United States.*

WEDNESDAY FEBRUARY 11, 1784.

Congress assembled: Present as yesterday.

Ordered, That the election of an under secretary, to take charge of the papers in the office for foreign affairs, be farther postponed till to-morrow.

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Arthur] Lee,

Ordered, That to-morrow be assigned for electing a deputy secretary.

The committee consisting of [Mr. WilHam Ellery, Mr. Thomas Jefferson and Mr. Arthur Lee] to whom was referred a note from the honble the Minister of France dated the 30 Jany. last, informing that H. M. C. M. from a desire to favour the progress of Commerce between his realm and these United States, has nominated 4 consuls and 5 vice-consuls to reside in the towns of this continent where he has judged their presence to be necessary, and that he has appointed Mr. de Marbois consul general for the 13 U. S. to at- tend more particularly to the general objects of Commerce," and doairing that Congrcao would be ploaaod to appoint a commit too to treat with Mr. do Marboia relative to the recognition of the

That they have conferred with Mr. dc Marbois, who produced to them a commission for himacif, appointing him Consul of France for the states of Fcnaylvania and Delaware, and Consul general for the 18 U. S., to reside at Philadelphia.

Also a commiasion for the Sr. dc I 'Etombc, appointing him Con aul of France for the states of Massachuactta, New Hampahirc and Rhode laland, to reside at Boston.

' This report, in the writing of Edward Hand, is in the Papers of the Conti- nental Congress, No. 35, folio 83. The indorsement states that it was delivered this day, entered and read.

78 Journals of Congress

A-oommiggion-for-thc Sr. do St. Jean dc Crcvccocur, appointing him Coaaul- of Franco for the atatca of New Yorli, Connecticut and New Jersey, to reaido at New York.

A commiaaion for the Chev. Danncmoura, appointing him Conoul

Baltimore.

Abo brevet appointing the Sr. Toacan vice consul at Portamouth in New Hampshire.

A brevet appointing Mr. de Marboia vice consul at Rhode Island.

A brevet appointing Mr. Ostcr vice consul at Richmond in Vir ginia.

A brevet appointing Mr. Retry vice consul at Wilmington in North Carolina.

And a brevet appointing Mr. dc la Forct vice consul at Savannah

All which commissions and brevets the committee submit to tho consideration of Congress, and beg leave to recommend,

That the said Officers be approved, the Commissions and brevets registered in the Secretary's Office, and that thereupon acts of recog- nition in due form be immediately issued to the states concerned, in order that they may furnish them respectively with their exequatur or notification of their quality, that the same may be made known and published.'

On tho report of a The committee, consisting of Mr. [WiUiam] EUery, Mr. [Thomas] Jefferson and Mr. [Arthur] Lee, to whom was referred a note from the honorable the Minister of France, dated the 30 January, informing, that "his Most Christian Majesty, from a desire to favour the

• This report, in the writing of Charles Thomson, is in the Papers of the Conti- nental Congress, No. 25, II, folio 339. It is indorsed by Thomson, "Delivered in lieu of that of 30 January. Passed 11 Feby., 1784." The resolution and a part of the preamble were adopted and entered on the Journal, February 11, but on February 12 amendments were moved by Mr. Jacob Read and the entry on the Journal was changed accordingly. Read's motion is on folios 343 and 345, with the following introduction, in Charles Thomson's writing:

The journal of the 11th being read, and an amendment having been moved and adopted in the resolution respecting the recognitions of Consuls and vice consuls, a motion was made by Mr. R seconded by to amend the recital

previous to the resolution by striking out the words "laid before Congress" &c. to read "inclusive," and in lieu thereof to insert

February, 1784 79

progress of commerce between his realm and these United States, has nominated four consuls and five vice-consuls, to reside in the towns of this continent where he has judged their presence to be necessary; and that he has appointed the Sicur Mr. de Marbois consul general for the thirteen United States," laid before CongrcsB report,

That they have conferred with Mr. de Marbois, who pro- duced to them four commissions for the said consuls, and five brevets for the vice-consuls; which being read [whereby it appears, that the said Sieur de Marbois is appointed consul general of France for the thirteen United States of America; the Sieur de I'Etombe, consul of France for the states of New Hampshire, Massachusetts and Rhode Island; the Sieur de St. Jean de Crevecceur, consul of France for the states of Connecticut, New York and New Jersey; the said Sieur de Marbois consul of France for the states of Pensyl- vania and Delaware, and the Chevalier D'Annemours consul of France for Maryland and Virginia: also that the Sieur Toscan is appointed vice-consul at Portsmouth, in New Hampshire; the Sieur de Marbois vice-consul at Rhode Island; the Sieur Oster vice-consul at Riclimond, in Vir- ginia; the Sieur Retry vice-consul at Wilmington, in North CaroUna, and the Sieur de la Foret vice-consul at Savannah, in Georgia: Whereupon,]

Resolved, That the said officora be approved, commissions and brevets of the said officers, be registered in the secre- tary's office; and that thereupon acts of recognition in due form be immediately issued to the states concerned, in order that they may furnish them respectively with their exequatur or notification of their quaUty, that the same may be made known and pubhshed.^

■ This report was also entered in the Secret Journal, Foreign Affairs. The part in brackets was inserted on Feb, 12, on motion of Mr. Jacob Read.

80 Journals of Congress

On the report of a committee, consisting of Mr. [Jeremiah Townley] Chase, Mr. [Hugh] WilUamson and Mr. [George] Partridge, to whom were referred petitions of Captains Gosselin, OUvie and Leibert, Canadian Officers, lately in the regiment commanded by Brigadier General Hazen, requesting that they may be furnished with money in pay- ment for sundry articles with which they suppUed the troops of the United States in Canada,

Resolved, That the Canadian officers be furnished with a copy of the act of August 9, 1783; and that the commissioner therein referred to, be required to give dispatch to the settlement of the accounts of those officers.^

The committee, consisting of Mr. [Hugh] Williamson, Mr. [James] Monroe and Mr. [Roger] Sherman, to whom was referred a letter of 20 January last, from J. Pierce, pay- master general, respecting claims which have been made by certain officers to half pay and the commutation for haK pay, report.

That by a resolve of November 24, 1778, it was provided, that all deranged officers should be entitled to one year's pay; and it was further provided, that officers who had been prisoners with the enemy, and then were, or thereafter might be exchanged, should, if appointed by the authority of the State, be entitled to return into the service in the same rank they would have had if they had not been cap- tured, under certain restrictions, and that they should receive half pay tUl the time of their entering again into the service. Under this act, certain officers claim half pay to the end of the war, and the commutation for half pay from that period during life. On which the committee observe, that the half pay first mentioned, was promised as a temporary

' This report, in the writing of Hugh WilHamson, is in the Papers of the Conti- nental Congress, No. 22, folio 223. Gosselin's petition is in No. 42, III, folio 256. Olivie and Leibcrt's petition is in No. 42, VI, folio 85°.

February, 1784 81

support to such officers as should be re-appointed by their respective states, and to none besides; and that all other continental Ofl&cers who have been prisoners with the enemy, and deranged, are entitled to one year's pay, and nothing besides. That such was the intention of Congress, is ex- plained by the subsequent acts of May 22, 1779, and May 26, 1781. There is no act under which those officers can claim the commutation for half pay. It is provided by a resolve of the 28 June, 1782, "that there shall be such addi- tional pay and emoluments to the pay of captains and sub- alterns serving as aids-de-camp to major and brigadier generals, and to brigade majors, as shall make their pay and emoluments equal to the pay and emoluments of a major in the line of the army." Under this resolution, certain aids and brigade majors, who are captains or sub- alterns in the Line, claim commutation equal to that of a major in the Une. This claim appears for sundry reasons to be ill founded. The offices which those gentlemen held out of the Une, were temporary, and the additional pay and emoluments were certainly promised to them while they continued to serve in those offices, and no longer. If they are supposed to found their claim to the commutation of a major, under the head of additional emoluments, their claim must be HI founded ; for it is clear from the terms of the resolu- tion, that pay and emoluments do not signify the same thing, but the commutation is the substitute for pay alone or half pay, and not for rations nor any other emolument. On the whole, the committee are of opinion, that the paymaster general, in settUng the accounts of the army, in all claims which may be brought for half pay or commutation, should be determined by the act of the 26 of January, 1784.^ Resolved, That Congress agree to the said report.

' This report, in the writing of Hugh Williamson, is in the Papers of the Conti- nental Congress, No. 19, V, folio 185"', Pierce's letter is in No. 62, folio 5. 98814°— 27— VOL 26 6

82 Journals of Congress

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [David] HoweU,

Ordered, That attested copies of the proceedings of Con- gress of the first of November last, for procuring a full representation in Congress, be forthwith transmitted to the supreme executives of the respective states.

■iVnd that in futuro the Secretary of Congroaa and that a Commit tee be appointed to roTioe the regulation of the Department of Sec rotary of Congrcaa and to report ouch alterationa ao may be nccca

Sftfyr

The Committee of the Week [Mr. Samuel Osgood, Mr. John Montgomery and Mr. James Monroe] report that the petition of Anthony Seling a foreign officer be referred to a special committee^

[Motion of Mr. David Howell. Referred to Mr. David HoweU, Mr. Hugh Williamson and Mr. Jacob Read.]

Congress having received information that the mail from the southward has arrived here but twice for the last seven weeks and then only from Virginia, and that the mail from the eastward has arrived here but once for the last three weeks, notwithstanding travellers both on horseback and in carriages have passed on the post roads —

Resolved, That the postmaster general be directed to inquire into and report to Congress the reasons of the aforesaid failures and to dismiss or cause to be dismissed from the service of the department any person, or persons, who may appear to have been deficient.^

' This motion, in the writing of Elbridge Gerry, is in the Papers of the Conti- nental Congress, No. 36, II, folio 317.

» This report, in the writing of Samuel Osgood, is in the Papers of the Conti- nental Congress, No. 41, IX, folio 272. Seling's petition is on folio 269. It was referred to Mr. [Hugh] Williamson, Mr. [James] Monroe and Mr. [David] Howell.

» This motion, in the writing of David Howell, is in the Papers of the Conti- nental Congress, No. 61, folio 527. It was made on this day, according to the indorsement, and referred to Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Jacob] Read.

On this day, the indorsement states, was read a letter of February 10th from James Smith and referred to Mr. [Jeremiah Townley] Chase, Mr. [Samuel] Os- good and Mr. [William] Ellery. It is in No. 78, XXI, folio 345. Committee Book, No. 186, says the committee reported February 13th.

February, 1784 83

THURSDAY, FEBRUARY 12, 1784.

Five states only attending; viz. Massachusetts, Rhode Island, Connecticut, North Carolina and South Carolina; and from the State of Pensylvania, Mr. [Thomas] Mifflin; from Delaware, Mr. [James] Til ton; from Maryland, Mr. [Jeremiah Townley] Chase, and from Virginia, Mr. [James] Monroe; the President adjourned Congress till ten o'clock to-morrow.

FRIDAY, FEBRUARY 13, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Virginia, North CaroUna and South CaroUna; and from the State of New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Til ton; and from Maryland, Mr. [Jeremiah Townley] Chase.

The Committee [Mr. Edward Hand, Mr. James Tilton, Mr. Samuel Osgood] to whom was referred the memorial of Brigadier General Michael Jackson, in which he sets forth that he has been severely woimded in the service of the United States, and hopes and expects in consequence thereof that Congress wUl order him the emoluments of a Brigadier General, or a pecuniary reward equal thereto, beg leave to report.

That in their resolutions of 26'!" August, 1776, and 25"" September, 1778, Congress have expressly declared that the provision made for an officer or soldier, who has lost a limb in the service, or is otherwise rendered incapable of getting a livelihood shall not exceed one half of his monthly pay. That General Jackson con- tinued in service until the end of the war and received the fuU pay and emoluments of a Colonel untU the late discharge of the army; that he is at this time entitled to the commutation of a Colonel, and that in the present state of the public finances, it would be inex- pedient to increase his emoluments;

Wherejore Resolved, That the desire of Brigadier General M. Jack- son, for an increase of his emoluments as set forth in his memorial of the 18* November, 1783, cannot be compUed with.'

' This report, in the writing of James Tilton, is in the Papers of the Continental Congress, No. 19, III, folio 269. The indorsement states that it was read on this day. It was filed, "the act of 7 June, 1785, having made provision." See post, June 7, 1785. Jackson's memorial is in No. 41, IV, folio 463.

84 Journals of Congress

The Committee consisting of M? [Arthur] Lee, M^ [William] Ellery and M'- [John] Beatty, to whom was referred a motion of M- [David] Howell, beg leave to report the following resolution:

Resolved, That the President be directed to write to the Executives of the Several states in the imion informing them that notwithstand- ing the necessity of a full representation in Congress has been repeat- edly pressed upon the states, yet nine states are not represented; that the settling a General Peace with the Indians, assigning the quotas to each state and arranging the western territory, together with many other transactions of the last importance to the honor and interest of the United States require indispensably the presence of nine states, and ought to have the fullest representation of the Union; that Congress think it will be expedient to adjourn in May, and leave the business of less moment to a Committee of the States ; that therefore the Executives of the States be most earnestly requested to exert themselves immediately and effectually in urging on the delegates of the same, that business of such high concern to the public may be no longer delayed by their absence.'

The Committee of the Week [Mr. Samuel Osgood, Mr. John Mont- gomery and Mr. James Monroe] report on the application of Captain Edward Phelon for compensation for his sufferings in the service of these states that the memorial be read in Congress.^ [Report of M? David Howell, M'- Hugh Williamson, M? Jacob

Read, on a motion respecting the irregularity of the Post Office.]

The Committee to whom was referred a motion of M? [David] Howell for enquiring into the reasons of the late irregularities in the arrival of the mails at this place — submit the following report:

It appears to your Committee that there have been great defects and irregularities in the arrival of both the northern and southern mails at this place for the last seven weeks, that tho' the severity of the season may help to account therefor in some measure, yet as there have been instances in which the post roads have been passed, both by carriage and travellers on horse back, while the post riders

' This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, II, folio 313. Committee Book No. 191 shows that it was delivered on this day and filed.

' This report, in the writing of Samuel Osgood, is in the Papers of the Conti- nental Congress, No. 41, VIII, folio 182. It was brought in on this or an approxi- mate date. Phelon's application was read April 1 and referred to Mr. [Hugh] Williamson, Mr. [Edward] Hand and Mr. [David] Howell. It is on foUo 180.

Februanj, 1784 85

omitted performing their tom-s of duty, there is reason to apprehend some culpable neglect whereupon your Committee submit the follow- ing resolution

Resolved, That the Postmaster General be directed to enquire into and report to Congress the reasons of the late defects and irregularities in the arrival of the mails at this place, and to dismiss or cause to be dismissed from the service of the department any person or per- sons, who may appear to have culpably neglected his duty.'

Office of Finance, 24"^ J any., 1784- Sir:

The reestablishment of peace having at length given room for the proper investigations, it becomes in me a duty of public justice to mention to Congress the situation of those persons in Canada, or out of it, who are creditors to the United States for property fur- nished or services rendered in that Country. To these may perhaps be added those who have claims for damages sustained. Persuaded (as I am) that unless some general arrangements be taken on this subject it will occasion a great expense of time and money together with the loss of reputation, I think economy as well as justice calls for a due attention to the subject in the present moment.

I submit then the following ideas, not as being a perfect plan, but merely as hints to be perfectioned by the wise care of the United States. And first it might be proper, that a Commissioner were appointed to go into Canada, for the purpose of examining into the several claims above-mentioned, with power to liquidate the same and to give certificates of the amoimt. If it be a desirable thing that justice be done, it is a necessary thing that the enquiries be made on the spot. There and there alone can the due investigations take place, so as to prevent either the public or Individuals from being defrauded. Besides it will cost no more to maintain a Commissioner there, than it will here, and many who have been both distressed and oppressed are confined to that spot by their circumstances. It may also appear to be of some importance, that by doing justice to these people unsolicited, we secure their affections, which will prevent Great Britain from using them hereafter against us. Neither will it escape the attention of Congress that such a Commissioner may

' This report, in the writing of David Howell, is in the Papers of the Conti- nental Congress, No. 61, folio 525. The indorsement states that it was read on this day,

86 Journals of Congress

transmit useful intelligence ; but this being rather in the Department of Foreign Affairs, I shall not enlarge on it.

A natural question will probably arise as to the means of payment. This may be answered by applying a Uke question to the case of other public debts. But I conceive that another, if not a better answer may be given. If a new State was set off about Detroit, and the Lands sold to all inclining to purchase, with permission to pay in certified Canadian debts, not only as specie, but even at a premium of five per cent, the lands would pay the debts and the United States would gain more than the amount of the payment by the very act of making it. For an equal if not greater number of persons than the Creditors in Canada would become settlers from that Coimtry, and bring with them property beyond their purchase money. Nor is that all. Such State would become a barrier of infinite importance. It would secure eternal peace with the Indians and it would seciu-e the Indian trade. For it would soon place the principal traders at that spot in the character of American citizens.

RoBT. Morris.'

The Committee, consisting of M^ [Elbridge] Gerry, M? [James] Monroe, M? [Jacob] Eead, M? [Roger] Sherman and Mr [David] Howell, to whom was referred the report of a Committee on a memorial of the refugees from Canada and also the motion of M' [James] Monroe of the 10- February instant report.

That at the Commencement of the late War with Great Britain the United States in Congress assembled, were very justly impressed with the great weight and importance of the province of Quebec and of the decided effect that the conduct of the inhabitants of Canada must necessarily have in the dispute.

That Congress therefore took early measures to engage the in- habitants of Canada in the interest of America, and if not to take an active part at least to ensure their neutrality. The address to the Inhabitants of the province of Quebec of the 26- October 1774 and the letter of 29'^ May, 1775, to the inhabitants of Canada contain the strongest assiu-ances that Congress will pm-sue no meas-

' This report is in the Papers of the Continental Congress, No. 137, III, foUo 447. The indorsement states that it was read on this day. It was referred to Mr. [Elbridge] Gerry, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Roger] Sherman and Mr. [David] Howell.

February, 1784 87

iires whatever but such as friendship & a regard for mutual safety & Interest might suggest." '

The Committee consisting of Mr [Richard Dobbs] Spaight, Mr [Elbridge] Gerry and M? [Arthur] Lee to whom were [referred] the report of the Superintendant of Finance on an extract from the Journals of the General Assembly of Pennsylvania, and the report of the Superintendant of Finance, on letters from Benjamin Stelle, Commissioner for settling accounts in the State of Pennsylvania, beg leave to report.

That, after having duly considered the matters to them referred, they submit the following resolution :

Resolved, That the Commissioner for Pennsylvania govern him- self by the directions given, and the rules prescribed by the Superin- tendant of Finance and the Comptroller of the Treasury.^

MONDAY, FEBRUARY 16, 1784.

Five states only attending; viz. IMassachusetts, Rhode Island, Connecticut, Pensylvania and Virginia; and from the State of New Hampshire, IVIr. [Abiel] Foster; from New Jersey, IMr. [John] Beatty; from Delaware, Mr. [James] Til ton; from Maryland, Mr. [Jeremiah Townley] Chase; from North Carohna, Mr. [Hugh] WiUiamson; and from South Carohna, Mr. [Richard] Beresford; the President adjourned Congress till ten o'clock to-morrow.

' This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 35, folio 87. It is undated, but was probably submitted on this or an approximate date. See ante February 10.

2. This report, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress, No. 19, V, foUo 409. It is undated, but Committee Book, No. 186, gives it the date of January 12, and states that it was renewed Febru- ary 13. The committee was enlarged by the addition of John Beatty and Roger Sherman and reported April 13, according to Committee Book, No. 186.

On February 14, according to the indorsement, was read a memorial of L. Liebert. It is in the Papers of the Continental Congress, No. 41, V, folio 321.

88 Journals of Congress

TUESDAY, FEBRUARY 17, 1784.

Six states only attending; namely, Massachusetts, Rhode Island, Connecticut, Pensylvania, Virginia and South Caro- lina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton ; from Maryland, Mr. [Jeremiah Townley ] Chase, and from North Carolina, Mr. [Hugh] Williamson; the President adjourned Congress till ten o'clock to-morrow.

WEDNESDAY, FEBRUARY 18, 1784.

Six states only attending; namely, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Virginia and South Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from Maryland, Mr. [Jeremiah Townley] Chase, and from North Carolina, Mr. [Hugh] WUliamson; the President adjourned Congress tiU ten o'clock to-morrow.

THURSDAY, FEBRUARY 19, 1784.

Six states only attending; viz. Massachusetts, Rhode Island, Connecticut, Pensylvania, Virginia and South Carolina; and from the State of New Jersey, Mr. [John] Beatty ; from Delaware, Mr. [James] TUton ; from Maryland, Mr. [Jeremiah Townley] Chase, and from North CaroUna, Mr. [Hugh] Williamson; the President adjourned Congress till ten o'clock to-morrow.

FRIDAY, FEBRUARY 20, 1784.

The same states only and the same members attending as yesterday; the President adjourned Congress till ten o'clock to-morrow.

SATURDAY, FEBRUARY 21, 1784.

Only the same states and same members attending as yesterday; the President adjourned Congress till ten o'clock on Monday.

February, 1784 89

MONDAY, FEBRUARY 23, 1784.

Six states only attended; namely, Massachusetts, Rhode Island, Connecticut, Pensylvania, Virginia and North Caro- lina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Mary- land, Mr. [Jeremiah Townley] Chase, and from South Carolina, Mr. [Jacob] Read.

Mr. Abiel Foster deUvered in Credentials of his appoint- ment, certifying, that on the 26 of December last, he was appointed a delegate to represent the State of New Hamp- shire in Congress, until the first Monday in November next.

State of New Hampshire,

In House of Representatives, Dec' 26ih 1783.

Voted, that the Hon"!* Abiel Foster Esq", be, and he hereby is appointed a Delegate to represent this State in the Congress of the United States until the first Monday of November next, unless sooner relieved or recall'd by the General Assembly of this State, with all the powers and privileges which other Delegates from this State have heretofore had and enjoy 'd agreeably to the Confederation of the United States.

Sent up for Concurrence

John Dudley Speaker.

In Council the same day read & concurred,

E. Thompson Sec'- Copy Exam?

Per Joseph Pearson Dep. Sec'- '

The Committee, consisting of [Mr. Roger Sherman, Mr. Jacob Read and Mr. Richard Dobbs Spaight,] to whom was referred an Act of the General Assembly of the Commonwealth of Virginia, passed at their session commencing on the 20* day of Oct" 1783, and the form of a deed proposed to be executed pursuant thereto by the Delegates of the said State, for ceding to the United States in Congress

' The original is in the Papers of the Continental Congress, New Hampshire, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.

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assembled all the right title and claim of the said Commonwealth to the territory north west of the Ohio, Report,

That having carefully examined the said papers and compared them with the Act of the United States in Congress assembled of the 13*" of September, 1783, find that the said Act of the general assembly of Virginia comports with the terms proposed by said Act of Congress and therefore submit the following resolution:

Whereas the Delegates of the State of Virginia have laid before Congress a copy of an Act of the General Assembly of that State passed at their session begim on the 20"" day of October, 1783, authorising the said Delegates to convey to the United States in Congress assembled all the right title and claim of the said State to the territory lying North west of the river Ohio, and also the form of a deed proposed to be executed by the said Delegates pursuant to said Act;

Bcsolvcd, That Congress approve of the tcrma on which the oaid territory is ordered to be ceded to the United Statco b}'' the aaid Act of the General Aoocmbly of the Commonwealth of Virginia, and also of the propoaed form of a deed to be executed by the dclcgatea of the said Statea for carrying the same into effect, and agree to

Resolved, That the United States in Congress assembled are ready to receive the deed whenever the Delegates of the State of Virginia are ready to execute the same.'

The President adjourned Congress till ten o'clock to- morrow.

The Committee consisting of [Mr. Roger Sherman, Mr. William Ellery and Mr. Jeremiah Townley Chase] to whom was referred a letter from Dr William Shippen late Director general of the Hos- pital dated Jan? 2P', 1784, requesting that the Commissioner for settling the accounts of the hospital Department may be authorized to make him a reasonable allowance for his expences in travelling, and the hire of a servant and two horses, when employed in the duties of the said office; and also for the use of a waggon and four

' This report, in the writing of Roger Sherman, except the last paragraph, which is in the writing of Richard Dobbs Spaight, is in the Papers of the Conti- nental Congress, No. 30, foho 573. The indorsement states that it was read on this day. See post, March 1.

February, 1784 91

horses which were his property and constantly employed in the hospital service. Report as their opinion

That the estabUshments made for the Director General and other Officers of the General Hospital were such as Congress deemed adequate to their services and expences: That as to the use of his waggon and four horses which he says were constantly employed in the hospital service, sufficient provision is already made for settling all claims of that kind, but no allowance can be made therefor after the 15'^ July, 1780, it being then ordained by Congress that no military or staff officer should own or be interested in any waggon or horses employed on hire or contract in the service of the United States. — Upon the whole the committee are of opinion that no special order he made on the aforesaid application.^

TUESDAY, FEBRUARY 24, 1784.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, Pensylvania, Virginia, North Carolina and South Carolina; and from the State of New Hampshire, Mr. [Abiel] Foster; from New Jersey, Mr. [John] Beatty; from Delaware, Mr. [James] Tilton, and from Maryland, Mr. [Jeremiah Townley] Chase.

The Committee, consisting of [Mr. Hugh Williamson, Mr. James Monroe and Mr. David Howell,] to whom was referred a memorial of Major Anthony Selin who represented that he is a foreign officer and prays for such assistance as has been afforded to other foreign officers submit the following resolve

That the instruction of the 22°? Jan^ last to the Superintendant of Finance in favour of certain foreign officers be considered by him as extending and it is hereby extended to all foroignoro Creditors of

VllXJ U m tv^vA kJUlXlfT^'iS IVIJW IIUVU luiVKJiy U\MS'lt U1I1L1.'13 all LllU 1111J11VL3 Ul T.-lltJ

U. S. having commiaoiona in the acrvico of any foreign prince [Major Anthony Selin late of General Hazen's regiment] ^

' This report, in the writing of Roger Sherman, is in the Papers of the Conti- nental Congress, No. 19, V, folio 477. The indorsement states that it was made February 23. Df Shippen's letter is on folio 481.

' This report, in the writing of Hugh Williamson, except the words in brackets, which are in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, V, folio 321. It was presented February 13.

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On motion of Mr. [John] Beatty, seconded by Mr. [Jacob] Read,

Resolved, That the instruction of the 22 of January last, to the Superintendant of finance, in favour of certain foreign officers, be considered by him as extending, and it is hereby extended to Major Anthony SeUn, late of General Hazen's regiment.

The Committee consisting of M^' [Jacob] Read, M? [Edward] Hand, and Mr [James] Monroe to whom was referred a letter of November the 6*^ 1783, from Major General Duportail recom- mending the promotion of Captain Castaing his Aid de Camp to the rank of Major by brevet,

Report,

That Captain Castaing has received a promotion by brevet as an officer of a regiment in the late Massachusetts line by virtue of the resolution of the the day of last past.

But that as his extraordinary services out of the line of duty of his regiment, as an aid de camp to Major General Duportail for four years and particularly in the defence of Charles Town in S° Carolina and the seige and reduction of York Town in Virginia and the recom- mendation given him by the letter of Major General Duportail deserve the acknowledgement and attention of Congress, And as the dissolution of the army prevents any inconvenience, arising on the subject of this promotion in the line of the regiment to which Capt. Castaing lately belonged, and the rank requested may prove useful to him in his own country, your Committee recommend that the request of Major General Duportail, in behalf of Capt. Castaing be granted, and that the Secretary in the War Office do make out, and enclose to Capt. Castaing the brevet of Major in the Army of the United States of America.'

■ This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, II, folio 171. The indorsement states that it was delivered and read this day, "debated February 26, 1784; question was talten and lost; report negatived."

February, 1784 93

Office of Finance, 77'" Fehy. 1784. Sir,

I do myself the honor to enclose to your Excellency the copy of a letter of the fourth Inst, from the Honorable M"' Huntington, in consequence whereof I have requested M'' Carleton to take proper measures for security of the public property. I should be wanting to my own feelings, if I did not on this occasion place before Congress the attention of the honorable writer, to whom I must at the same time profess my obligations for rescuing from destruction so much of the pubUc property as may be saved by his information.

Robert Morris.'

On the report of a committee, consisting of Mr. [Arthur] Lee, Mr. [Roger] Sherman and Mr. [Jacob] Read, to whom was referred a letter of 31 January, from the governor of the State of New York,

Resolved, That the President inform the governor of the State of New York, in answer to his letter of the 31 January, 1784, that nine states not having been represented, but for a few days, since the adjournment of Congress to this place, the arrangement of garrisons for the western and northern posts has not been entered upon, nor can it be considered till the states become more attentive to keeping up a full representation in Congress.-

The order of the day being called for, to elect an under secretary in the Office for foreign affairs, and a deputy secretary. Congress proceeded to an election, but not coming to a choice.

Ordered, That the order for electing an under secretary and a deputy secretary, be postponed.

' This report is in the Papers of the Continental Congress, No. 137, III, folio 455. It was referred on this day, the indorsement states, to Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry and Mr. [Arthur] Lee. Committee Book, No. 186, saya the committee reported April 3.

' This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 20, I, foUo 393.

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The Committee consisting of Mr [Jacob] Read, M? [Edward] Hand and M- [James] Monroe, to whom was referred a letter from Brig'' Gen' Lachlan Mcintosh dated Savannah in Georgia V^- Nov', 1783, and the papers enclosed in the same submit the following report:

That it appears to yom- Committee from unquestionable evidence that Brig"' Gen! Mcintosh took an early and most decided part in favour of the rights of America in the late contest with Great Britain. That he has uniformly and on all occasions manifested the greatest zeal for the service of the United States; and that before any forces were levied or raised in the State of Georgia by authority of the United States the said Lachlan Mcintosh was actually appointed by the Convention of Georgia Colonel of the Battalion raised and equipped for the defence of the then Province of Georgia.

That it further appears to your Committee that the United States in Congress assembled being imposed upon and deceived by the false and malicious information and misrepresentation of certain evil disposed persons and particularly by means of a letter written by George Walton late Governor of the State of Georgia dated Augusta the 15"" Dec-, 1779, addressed to the President of Congress and sent by the hands of Captain Clement Nash as an express for that particular purpose, enclosing a paper purporting to be an extract of the resolves of Council dated at Augusta 12"^ Dec- 1779, and also by a letter purporting to have been from William Glasscock Esq? speaks of the Assembly of the State of Georgia dated Augusta 30'" Nov- 1779 addressed to the President of Congress and transmitted by the same express have been made the instruments of an infamous combination to injure and oppress the said Brigadier General Mcintosh.

That under such imposition and misinformation the United States in Congress assembled did accordingly on the 15'^ day of February 1780, Resolve, "That a copy of the letters from the State of Georgia "as far as they relate to General Mcintosh be transmitted to that "Officer and that he be informed Congress deem it inexpedient to "employ him at present in the Northern Army and therefore that "his services in that department be dispensed with until the farther "order of Congress." That in consequence of the said resolve Briga- dier General Mcintosh was suspended from his command without any examination or trial and most injuriously laid under a grevous and unmerited suspicion.

February, 1784 95

That it appears from the Journals of Congress of Monday Septem- ber the 25'^? 1780, that means were taken to bring the subject again into review and tliat Congress were induced to agree to the report of a committee in the words following, viz: "The Committee to "whom was referred the letter of May 12'^ from M'' Glasscock and "the Memorial of M'' George Walton, report, —

"That, in the course of their enquiry respecting the business com- "mitted to them, they have conferred with His Excellency Richard "Howly the present governor of Georgia and been attended by "M"' George Seegar Clerk of the General Assembly of the said State "and have obtained from each of them a state of facts to which "they beg leave to refer: That it appears that the paper containing "the paragraph respecting Brigadier General Mcintosh and dated at "Augusta m the State of Georgia the 30*" day of Nov? 1779 and "purporting in general to be a letter or address from the Assembly "of that State to Congress, did originate Ln and ought to be con- "sidered as an act declarative of the sense of the said Assembly: "And that the same was Officially transmitted with other public "papers by Col Walton then Governor of that State to the President "of Congress, and together with the proceedings of the said Governor "and Council contained a sufficient groimd for the Act of Congress "of the 15'^ day of February last for dispensing with the service of " the said Brigadier General Mcintosh until the farther order of "Con- gress," from which report it manifestly appears to your Committee that Congress were again most grossly deceived and imposed on by the artful misrepresentations of the said George Walton, Richard Howly and George Seegar to the great injury of the said Brigadier General Mcintosh.

That it further appears by the Journal of Congress of the 16"" July, 1781, that the said Geo Walton and Richard Howley at that time delegates in Congress from the State of Georgia Ln furtherance of their malicious views did anonymously oppose and vote against the repeal of the resolve of the 15'- of Feb?, 1780, respecting the said Brigadier General Mcintosh.

Your Committee find that by the extracts of the proceedings, of the House of Assembly of the State of Georgia held at Savannah on Saturday the P- Feb?, 1783, committed to them together with the letter of the said Brigadier General Mcintosh, the said House of

96 Journals of Congress

Assembly did on that day agree to the report of a Committee in the following words viz:

"The order of the day being called for, when the House taking the report of the Committee to whom was referred a letter from Brigadier General Mcintosh with its enclosures and after some amendments."

Amendments agreed to the following viz: Th^t they have exam- ined such papers and persons as have been offerred by different parties from which it appears that the resolve of council dated Augusta twelfth of December one thousand seven hundred and seventy-nine, and the letter from the Governor to the President of Congress dated fifteenth of December one thousand and seven hundred and seventy- nine, respecting the general were unjust, illiberal and a misrepresenta- tion of facts; that the letter said to be from William Glascock, speaker of the assembly, dated thirtieth November, one thousand seven hun- dred and seventy nine, addressed to the President of Congress appears to your committee to be a forgery in violation of law and truth and dangerous to the rights of its citizens, and that the Attorney General be ordered to make the necessary enquiries and enter such prosecutions as may be consistent with his office and duty.

Resolved, That General Mcintosh be informed that this House do entertain an abhorrence of all such ungenerous attempts made use of as appears by the papers laid before them to injure the character of an officer and citizen of this State who merits the attention of the Legislature for his early decided and persevering efforts in the defence of America, which virtues this House have the highest sense of."

Your committee think it their duty to represent to the United States in Congress that in consequence of the suspension of the said Brigadier General Mcintosh he has been greatly injured, lost the opportunity of serving his Country and has also been deprived of the promotion to which he was evidently intitled.

Your committee conceive the Honours and Dignity of Congress to be essentially concerned in rendering the most complete justice in their power to a worthy and brave officer who has served the United States with great reputation for near eight years past and (except from the dark danger of his private enemies above mentioned) with an unblemished character, and therefore recommend the following resolves :

Resolved, That the vote for the suspension of Brigadier General Lachlin Mcintosh passed by the United States in Congress assembled

February, 1784 97

on the 15*" February, 1780, was obtained from Congress by mis- representation and imposition, and ought not in any way to effect the reputation of the said officer nor his right to promotion pay or other emoluments to which he would have been intitled in case the same had never passed.

Resolved, That the Secretary in the War Office do make out and transmit to Brigadier General Mcintosh the Commission of Major General in the army of the United States to take rank from day

of 178 .

Resolved, That the United States in Congress assembled entertain the utmost abhorrence of the base acts used to injure and oppress the said Brigadier General Mcintosh and are impressed with a just sense of the honour fidelity patriotism and probity of the General and of the great zeal he has uniformaly evidenced in the service of United States, and that the Secretary of Congress do transmit a copy of the foregoing report and of these resolves to him for his information and satisfaction and as a small testimony of the sense the United States in Congress assembled entertain of his merit.'

WEDNESDAY, FEBRUARY 25, 1784.

Mr. Samuel Dick, a delegate for New Jersey, attended.

Congress assembled: Present, Massachusetts, Rhode Is- land, Connecticut, New Jersey, Pensylvania, Virginia, North CaroUna and South CaroUna; and from the State of

' This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 19, IV, folios 25 and 29. Committee Book, No. 186, says that it was presented on this day. Mcintosh's letter is in No. 162, folio 321.

On this day, as the indorsement states, was read a petition of Tarrasson Brothers in behalf of Louis Bayard, dated Philadelphia, January 27, 1784. It was referred to Mr. [Thomas] Jefferson, Mr. [Elbridge] Gerry and Mr. [Hugh] Williamson. Committee Book, No. 186, states that the committee reported December 20, 1784. The petition is in No. 42, VII, foUo 455.

Also, a letter of January 12 from Simeon De Witt, Geographer to the United States. It was referred to Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Hugh] Williamson. It is in No. 78, VIII, folio 57.

Also, a letter of February 8 from Jonathan Lawrence. It is in No. 78, XIV, folio 55.

Also, a letter of February 11, from Ph. Moore. It is in No. 78, XVi, folio 55.

Also, probably on this or an approximate date, a letter of February 21 from Colonel Joseph Harmar. It