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LIBRARY OF CONGRESS

JOURNALS OF THE CONTINENTAL CONGRESS 1774–1789

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

Volume XXIV. 1783

January 1–August 29

WASHINGTON GOVERNMENT PRINTING OFFICE

1922

0002 0003 iii
PRINCIPAL CONTENTS

Page.

Prefatory Note v

Consular Convention 3

Pennsylvania—Connecticut Dispute 6, 32

Rhode Island Delegates and Foreign Loans 32, 45

Inquiry into Civil Departments 37

Treaty with France 51

Treaty with Holland 68, 80

Support of Public Credit—Revenue Measures 97, 170, 188, 195, 214, 230, 257

Public Debt 99, 285

Census of Inhabitants and Land Valuation 112

Accounts of States with the United States 162

Resignation of the Superintendent of Finance 151,284

Half Pay for Army 178, 202, 207, 582, 609

Cessation of Hostilities 238

Preliminary Articles of Peace 241,243, 369

Indian Affairs 264, 681

Address to the States 277

Petition of Officers of the Army 291

Newburgh Addresses 294

Discharge of the Army 358

Mutiny of the Pennsylvania Troops 410

Pay of the Army 447, 519

Treaty with Sweden 457

Peace Arrangement of the Army 549, 722

Cessions of Western Lands 554

0004 iv

Reduction of Civil List 623

Permanent Residence of Congress 647, 654, 712

Proclamation Disbanding the Army 703

Treaty with Denmark 721

Instructions to Ministers at Versailles 754

Loan from France 773, 792

Treaties with European Powers 821

Washington's Resignation 837

Notes of Debates by James Madison 845

Standing Committees 977

Bibliographical Notes 983

0005 v
PREFATORY NOTE

The year 1783 not only increased the difficulties with which Congress had struggled through the preceding year but also created new embarrassments to intensify the inherent weakness of the Confederation, though the successful termination of the armed conflict was plainly in sight. The political bands which had connected one people with another had been dissolved; but “to assume among the powers of the earth the separate and equal station to which the Laws of Nature and of Nature's God entitle them” required that the expense of the struggle to assume that station should be honorably met. The attention of Congress therefore became absorbed in the ever-pressing problem of devising a practicable plan of providing a revenue and reducing the current expenditures of the General Government. To the latter end committees were appointed in the second week in January to inquire into the administration of the Departments of Finance, War, Foreign Affairs, Post Office, and the Office of Agent of Marine.

A long and at times heated debate upon the various means suggested for raising revenue and supporting the public credit culminated finally in a renewal of the recommendation to the various legislatures to levy an import tax of five per cent for Federal purposes, leaving to the States themselves the appointment of the collecting officers. This recommendation, set forth in the Address to the States of April 26, was a meager result after four months of discussion, yet one that was the limit of the power of Congress.

The resignation of Robert Morris as Superintendent of Finance at the very beginning of the year came as a distinct 0006 vi shock to the harassed Congress and served to complicate still further the tangled financial situation. He was prevailed upon to continue in office, however, and the end of the year found him still in charge of the finances.

In March Congress was rudely reminded of the need for action in the matter of pay for the Army by the dangerous spirit boldly displayed in the anonymous Newburgh Addresses, which only the tact and wisdom of the Commander in Chief prevented from becoming an open, armed revolt. Five months later the reality of the Army's unrest was brought home to Congress by the mutinous and insulting conduct of Pennsylvania soldiers at the very door of Congress Hall. For ten years, with the exception of the few months the British held the city, Congress had been in continuous session in Philadelphia and the dilatory attitude of the Pennsylvania authorities in restraining these malcontents aroused deep resentment. Feelings of outraged dignity and sound precaution merged with this resentment into a desire to rebuke Pennsylvania, and the Continental Congress left the city, the last week in June, never to return.

The question of the location of the permanent residence of Congress occupied a fair share of attention from this time on, and, as an unsettled problem, became a legacy to the Government under the present Constitution.

The claims of the various States to the western lands were finally relinquished to the General Government during the year. The matter had been under consideration since 1780 and, in the public domain acquired by these cessions, the United States came into possession of the first tangible asset upon which real Federal power could be built.

In foreign affairs two important treaties were ratified in January. First, the treaty with France, signed July 16, 1782, which stated the exact amounts of the financial advances from France and the periods at which Congress engaged to repay them. Second, the treaty of amity and 0007 vii commerce with Holland, which defined for the two nations contraband of war and the right of search on the high seas.

The action of the United States commissioners for negotiating peace in agreeing to the separate article to the preliminary treaty with Great Britain, the knowledge of which was withheld from France, did not influence nor weaken to any noticeable extent her friendship for America, although the news of this proceeding produced a flurry of excited debate in Congress.

The proclamation of the cessation of hostilities was issued by Congress, April 11, 1783, and the definitive treaty of peace was signed at Paris, September 3, but did not reach Congress during the year.

In conference with the Commander in Chief during the last months of the year Congress decided upon a peace footing for the Army. The British evacuated New York at the end of November and on December 23, at Annapolis, the last great scene of the war drama was enacted on the floor of Congress when George Washington resigned his commission as Commander in Chief of the armies. The war was over, the Army disbanded, and independence an accomplished fact. The purpose for which the Congress had been created was fulfilled and the makeshift organization faced the future bereft of the compelling force of resistance to armed aggression that had given life to its measures in the past.

The Journals for 1783 were carried forward to page proof under the editorship of Mr. Hunt, while he was Chief of the Division of Manuscripts. The final work of publication upon these volumes has been performed by the Assistant Chief of the Division of Manuscripts and Miss Emily B. Mitchell, assistant in the Division.

J. C. Fitzpatrick Assistant Chief, Division of Manuscripts

Herbert Putnam Librarian of Congress June, 1992

0008 0009 1
JOURNALS OF THE CONTINENTAL CONGRESS 1783
WEDNESDAY, JANUARY 1, 1783

On a report of the Secretary for foreign affairs:

The minister plenipotentiary of his Most Christian Majesty having communicated to Congress, through the Secretary for foreign affairs on the 7th instant the resolution taken to embark the army under the command of the Count de Rochambeau, and on the 29, their having actually embarked and sailed; together with his Majesty's intention to direce them to return whenever an object should offer, in which they might effectually co-operate with the troops of the United States:

Resolved , That the Secretary for foreign affairs inform the Minister of France, that though Congress cannot see without regret, the departure of an army to whose bravery and good conduct they are so greatly indebted for the reduction of the enemy's force in this country, yet that they have too much confidence in the attention of his Majesty to the interests of the alliance, not to be persuaded that the order for their departure was dictated by a conviction that they could elsewhere be more usefully employed against the common enemy:

That they wish him to make known to his Majesty the grateful sense they entertain of his attention to their immediate interest, manifested in the important aid thus long afforded them, and in his generous determination to direct 0010 2 his troops to return to this country whenever circumstances will admit of an advantageous co-operation with the arms of the United States; that they desire through him, to recommend in a particular manner the Count de Rochambeau and the army under his command, to the favour of his Majesty, having the highest reason to be satisfied with their bravery and good conduct, and with that strict discipline to which they are indebted for the perfect harmony which has so happily subsisted between them and the soldiers and citizens of the United States.

Resolved , That the President make the acknowledgments of Congress in a particular manner to his Excellency the Count de Rochambeau, and signify to him the high sense they entertain of the distinguished talents displayed by him with so much advantage to these states, in the most important conjunctures, as well as of the strict and exemplary discipline which have been uniformly conspicuous in the troops under his command, and which have deservedly acquired the admiration and esteem of the citizens of these states, by whom his signal services, and the delicate attention at all times paid to their private rights, will ever be held in affectionate remembrance. 1

1 These resolutions were also entered in the manuscript Secret Journal, Foreign Affairs.

On this, or an approximate date, was read a letter, dated Brest, December 3, from the Marquis de la Fayette. It is in the Papers of the Continental Congress , No. 156, folio 300, and is printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI, 102.

On this day, as the indorsement states, was read a letter of January 1, from Major General St. Clair and referred to Mr. [Richard] Peters, Mr. [Alexander] Hamilton and Mr. [Philemon] Dickinson It is in No. 161, folio 533. Committee Book, No. 186, states that the Committee reported January 17, 1783.

THURSDAY, JANUARY 2, 1783

Mr. [James] Wilson, a delegate for the State of Pensylvania, attended and took his seat.

0011 3

The Superintendant of finance, having, pursuant to the order of 31 of last month, laid before Congress copies of the letters of 8 April and 12 August last, from Dr. Franklin:

On the request of Mr. [David] Howell,

Ordered , That the said copies be delivered to him.

On the report of g committee, to whom was referred a motion of Mr. [Richard] Peters respecting that part of the communication from the Minister of France, through the Secretary for foreign affairs, informing Congress that a naval force would be detached from the West Indies for the protection of our trade,

Resolved , That the Secretary for foreign affairs present the thanks of Congress to the minister January 3, 1783. Repealed. plenipotentiary of France for the new proof of his attachment to the welfare of the United States manifested by his having interested himself to procure a detachment of naval force on this coast for the protection of our trade through the winter. 1

1 This resolution was entered only in manuscript Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

The Committee [Mr. Thomas FitzSimons, Mr. Alexander Hamilton and Mr. John Lewis Gervais] to whom was referred the letter of Thos. Barclay Esq. of the 23 rd of October with its enclosures, Submit the following Report:

That the Convention transmitted by Congress to their ministers at the Court of Versailles respecting the functions of the Consuls of France and America, be for the present suspended.

That a Commission be given to Thos. Barclay Esq. as Consul General, with authority to appoint Vice Consuls or agents at such port or ports, within the Kingdom of France, as he shall deem necessary, that neither the Consuls or Vice Consuls be restricted from trading as merchants till Congress shall otherwise direct. And that the accounts enclosed in the above letter be referred to the Superintendant of Finance? 2

2 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress , No, 25, II, folio 175, The indorsement states that it was delivered on this day, read and entered

That the Minister Plenipo: at the Court of Versailles be authorized and instructed to so to vary the propos instructed to propose that the 0012 4 plan of the Convention regulating the respecting consular powers may be so varied as to leave the parties at liberty to prohibit or permit to their respective consuls the privilege of carrying on commerce on their private accts. and also to make propose such other alterations variations as may be consequent thereon. 1

1 This motion, in the writing of James Madison, is in the Papers of the Continental Congress , No. 25, II, folio 177. It is undated.

FRIDAY, JANUARY 3, 1783

On the report of the Secretary for foreign affairs, to whom was referred a communication from the hon ble the Minister Plenipotentiary of France:

The minister plenipotentiary of France transmitted to the Secretary for foreign affairs a note, of which the following is a translation:

Note

Philadelphia , December 31, 1782 .

The minister plenipotentiary of France underwritten, has had the honour to communicate to the Secretary for the department of Foreign Affairs several facts and circumstances relative to the negotiation that has been opened, at Paris, between the belligerent powers, in order to effect a general peace. That minister will communicate it to Congress; but the undersigned minister plenipotentiary has likewise received orders to express himself to that assembly the satisfaction which the King his master has felt for the conduct they have held on the overtures that were made at different periods by the British commissioners commanding at New York, to bring about a partial negotiation with the United States, or any of them. The King has seen with pleasure the resolutions taken by his allies in those circumstances, and has been pleased to see how much they agree with these he has taken himself. He 0013 5 has observed with an equal satisfaction the unanimity which has subsisted among the different states in the union, who have thought proper to express their sentiments on the subject of a partial peace. The determination they have expressed to reject with abhorrence every proposition of that kind, has fully confirmed his Majesty in the opinion he had formed of their fidelity to fulfil their engagements, and of the wisdom that presides over their councils. The communications made to the secretary for the department of foreign affairs give room to presume, that this just and wise as well as prudent and advantageous conduct will soon bring the allies to a happy termination of the present war. The undersigned minister believes, however, that it is his duty to inform Congress, that at the time the British minister manifested those pacifick dispositions, they entertained just apprehensions about the fate of several naval operations, which have, on the contrary, had a much more favourable issue than the court of London seemed to expect. It is possible that those unexpected successes may alter their dispositions; and on this supposition the undersigned minister thinks that it becomes the wisdom of the United States not to slacken in their efforts and preparations for an ensuing campaign.

Congress may rest persuaded that his Majesty will, on his side, take all the necessary measures to carry it on with vigour, and that all his resources will be applied to this important object.

(Signed) Le Chr. De La Luzerne . 1

1 This “note” was entered only in the manuscript Secret Journal, Foreign Affairs. Another translation of the note is printed in the Diplomate Correspondence of American Revolution Wharton, VI, 187.

Resolved , That the Secretary for foreign affairs inform the Minister of France, that Congress learn with great pleasure 0014 6 that the steps taken by Congress and the respective states, their constituents, in opposition to the attempts of the British Court to bring about a partial negotiation, has been satisfactory to his Most Christian Majesty: that his Majesty's conduct, in the progress of the negotiations commenced in Europe, as it has been communicated to Congress, is sufficient to inspire a just abhorrence of every act derogatory to the principles of the alliance, and serves to fortify the resolutions which his repeated acts of friendship, and a sense of their own honour and dignity, had dictated to the United States in Congress assembled, and the states they represent. 1

1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.

The court constituted in pursuance of the 9th Article of the Confederation, to hear and finally determine the dispute between the states of Pensylvania and Connecticut, respecting certain lands, having heard and adjudged the said dispute, returned to Congress their proceedings and final sentence and decree:

Ordered , That in pursuance of the said Articles of Confederation, the proceedings and final sentence and decree of the said court be lodged among the acts of Congress.

The commission to the judges was returned with the following endorsement:

“The execution of this commission appears by the schedule to the same annexed.

Wm. Whipple, (l. s .)

Welcome Arnold, (l. s .)

Wm. C. Houston, (l. s .)

Cyrus Griffin, (l. s .)

David Brearley, (l. s .)

The schedule annexed is in the words and figures following: Proceedings of the court of commissioners, holden at Trenton, in the

State of New Jersey, 12 November, 1782, to determine a 0015 7 controversy subsisting between the State of Pensylvania and the State of Connecticut, relative to disputed territory.

At a court of commissioners, holden at Trenton, in the State of New Jersey, on the twelfth day of November, in the year of our Lord one thousand seven hundred and eighty-two, agreeably to the ninth Article of the Confederation, and by virtue and in pursuance of the commission and letters patent of the United States in Congress assembled, given under their seal, and dated the twenty-eight day of August, in the year aforesaid, constituting and empowering the persons therein named, to hear and finally determine a controversy subsisting between the states of Pensylvania and Connecticut, relative to their respective rights and claims to certain disputed lands;

Tuesday, 12 November, 1782

Present, the honorable David Brearley, and William Churchill Houston, esqrs.

Proclamation for silence being made,

The commission from the United States in Congress assembled, directing the sitting of the court, was read in the words following, viz

(Here follows the commission as recited in the Journal of the 28 August last.)

The commissioners present took the oath prescribed by the ninth Article of the Confederation, and recited in the commission, before the honorable Isaac Smith, esq. one of the justices of the supreme court of judicature of the State of New Jersey, a certificate of which was endorsed on the commission.

Adjourned till to-morrow morning ten of the clock.

The certificate endorsed on the commission is as follows:

I, Isaac Smith, esquire, one of the justices of the supreme court of judicature of the State of New Jersey, do hereby certify, that on the twelfth day of November, in the year of our Lord one thousand seven hundred and eighty two, personally appeared before me the honourable David Brearley and William Churchill Houston, esquires, and were severally sworn well and truly to hear and determine the matter in question between the States of Pensylvania and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, affection, or hope of reward. Dated at Trenton, the day and year above.

Isaac Smith

0016 8
Wednesday , 13 November , 1782

Then met, pursuant to adjournment, the honourable David Brearley and William Churchill Houston, esquires, and not being a quorum to proceed on business, adjourned till to-morrow morning ten of the clock.

Thursday, November 14, 1782

Then met, pursuant to adjournment, the honourable David Brearley and William Churchill Houston, esquires. Adjourned till to-morrow morning ten of the clock.

Friday, November 15, 1782

Then met, pursuant to adjournment, the honourable David Brearley and William Churchill Houston, esquires. Adjourned till to-morrow morning ten of the clock.

Saturday , 16 November , 1782

Then met, pursuant to adjournment, the honourable David Brearley and William Churchill Houston, esquires. Adjourned till Monday morning next, ten of the clock.

Monday , 18 November , 1782

The court met pursuant to adjournment, and opened in form. Present, the honourable William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, and Cyrus Griffin, esquires.

The honourable William Whipple, Welcome Arnold, and Cyrus Griffin, esquires, took the oath prescribed by the 9th Article of the Confederation, and recited in the commission, before the honourable David Brearley, esquire, chief justice of the State of New Jersey, a certificate whereof was endorsed on the commission.

John Neilson, esquire, was appointed clerk.

The court adjourned till to-morrow morning ten of the clock.

The certificate endorsed on the commission is as follows:

I, David Brearley, esquire, chief justice of the State of New Jersey, do hereby certify that on the eighteenth day of November, in the year of our Lord one thousand seven hundred and eighty two, personally appeared before me the honourable William Whipple, Welcome Arnold, and Cyrus Griffin, esquires, and were severally sworn well and truly to hear and determine the matter in question between the States of Pensylvania and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, 0017 9 affection, or hope of reward. Dated at Trenton, the day and year above.

David Brearley .

Tuesday , 19 November , 1782

The court met pursuant to adjournment. Present, the honourable William Whipple, president; Welcome Arnold, William Churchill Houston, Cyrus Griffin and David Brearley, esquires.

John Neilson, esquire, took the oath of office as clerk of the court.

Proclamation was made for all persons concerned to attend the court and be heard.

William Bradford, jun. Joseph Reed, James Wilson, and Jonathan Dickinson Sergeant, esquires, appearing as agents, and Henry Osborne, esquire, as solicitor for the State of Pensylvania, produced their credentials and powers as recited in the journals of Congress, in these words:

(Here follows the powers as recited in the Journal of Congress of the 16 July, 1782:)

Which being read, were accepted by the court, and their appearance accordingly entered for the State of Pensylvania.

Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires appearing as agents for the State of Connecticut, produced their credentials and powers as they here follow:

Be it known, that we, the governor and company of the (L. S.) State of Connecticut, in America, have authorised, constituted and appointed, and by these presents do constitute, authorise and appoint the honorable Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires our agents, procurators and attorneys, in our name and behalf to appear, and us to represent, before the honorable court of commissioners, constituted, appointed and commissioned by the Congress of the United States, pursuant to the ninth Article of Confederation to be holden at Trenton, in New Jersey, on the twelfth day of November instant and at all other times and places where said court may be holden, to hear, judge and determine the controversy subsisting between the State of Pensylvania and the State of Connecticut, respecting the title, jurisdiction, possession and claim, to a certain territory of country, contained within the bounds and limits of the royal charter and patent of Charles the second, to the Governor and company of claimed by the State of Pensylvania. by these presents give and grant to our 0018 10 said agents and attorneys, the said Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires, or either two of them, full and ample powers of attorney and procuration, for us and in our name and stead to pursue, implead, answer and defend, in all and singular, the questions, matters and things that shall be moved, or any way come before said court, relative to the controversy aforesaid; and to solicit, move, act and transact, in all things whatsoever which shall be found requisite and fitting, on the part of us the said Governor and company of the State of Connecticut, as fully and in as ample a manner as we ourselves might or could do, until final judgment shall be had and rendered in the premises. And we do hereby engage to hold good and valid in the law, what our said attorneys shall do in the premises in pursuance of the powers herein given to them, and the instructions they may, from time to time, receive from us, and to ratify and confirm the same, with power to employ counsel learned in the law as they shall judge needful. In testimony whereof, the governor has signed these our letters of attorney and procuration, and caused the seal of our said State to be affixed to them.

Done at Lebanon, in our said State, this first day of November, in the year of our Lord one thousand seven hundred and eighty-two, and in the seventh year of the independence of the United States of America.

Jonathan Trumbull .

By his Excellency's command:

George Wyllys , Secretary . 1

1 The original is in the Papers of the Continental Congress , No. 77, folio 25.

Which being read, were accepted by the court, and their appearance accordingly entered for the State of Connecticut.

A motion was made by the agents for the State of Connecticut, that the petition preferred by the executive council of the State of Pensylvania to the United States in Congress assembled, praying that a court might be appointed for deciding the controversy subsisting between the said State and the State of Connecticut, or an authentic copy thereof, should be produced and read; which after argument was over-ruled by the court.

A motion in writing was then offered by the agents of the State of Connecticut, in the words following:

Trenton , November, A.D. 1782 .

State of New Jersey, ss . t .

At a court of commissioners for the trial of the cause between the States of Connecticut and Pensylvania, relative to the jurisdiction 0019 11 and property in certain lands lying west of Delaware river, within the charter boundaries of said States.

The agents for the State of Connecticut, saving to themselves all advantages of other and further defence in said cause, beg leave to suggest, inform, and give the court to understand that there are many persons who are tenants, in possession of the lands in controversy, holding, improving and claiming large quantities of said land, under titles from the States of Pensylvania and Connecticut respectively, particularly the two large companies of Delaware and Susquehanna, consisting of more than two thousand persons, many of whose people are in, possessing, improving and holding large tracts of said lands in controversy, under title from the State of Connecticut, whose titles under said States respectively win be materially affected by the decision in this case, yet have not been cited or any way legally notified to be present at said trial to defend their titles respectively, which, by the rules of proceeding in a course of justice, ought to be done before any farther proceedings are had in said case; and thereupon said agents move this honorable court to cause said companies of Delaware and Susquehanna, and other tenants in possession, holding under title from either of said states, to be duly cited in some proper and reasonable manner, to appear and defend at said trial, if they see cause, before any farther proceedings are had in said cause; and of this they pray the opinion of this honorable court.

E. Dyer, Wm. S. Johnson, J. Root , Agents for Connecticut . 1

1 This motion of the Connecticut agents is in the Papers of the Continental Congress , No. 77, folio 29.

After argument, the court adjourned till to-morrow ten of the clock

Wednesday , 20 November , 1782

The court met; present as yesterday.

The court gave their opinion on the motion of yesterday, made in writing by the agents of Connecticut.

That the same cannot be admitted according to the construction of the ninth Article of the Confederation, and the tenor and design of the commission under which they act.

A motion was made by the gents for the State of Pensylvania, in the words following.

0020 12
November 20, 1782

The agents of Pensylvania, apprehending that the agents of Connecticut design to move the court to postpone or put off the determination of the cause now depending before them, do give notice to the said agents for Connecticut, in the presence of the court, that they, the said agents of Pensylvania, will oppose any motions of that nature being made after the evidence on the part of Pensylvania has been opened, or the merits of the cause entered upon; and if the said agents for Connecticut propose to make any such motion, the agents for Pensylvania do express their willingness that time be given them for that purpose.

Wm. Bradford , Jun. Jos. Reed, James Wilson, Jona. D. Sergeant . 1

1 This motion of the Pennsylvania agents is in the Papers of the Continental Congress , No. 77. folio 33.

The court adjourned till to-morrow morning ten of the clock.

Thursday , 21 November , 1782

The court met; present as before.

A motion was made by the agents for the State of Connecticut, in these words:

Trenton, New Jersey , November, 1732 .

Court of Commissioners, case Pensylvania, v. Connecticut.

And now the agents of the State of Connecticut, unwilling to give any unnecessary delay, but considering the magnitude of this cause, its length and intricacy, and the high importance that it should be thoroughly investigated, and not only justly determined, but in a manner satisfactorily to the parties concerned; and the State of Pensylvania, not having yet filed any declaration or state of their claim in this court, whereby the agents for Connecticut can know what the demands of Pensylvania are, or what they have to answer to, and knowing that there are many exhibits and proofs which will be essentially necessary in the course of said cause, which we have not, nor hath it been in our power to procure, viz. a certain original deed from the Indians, of a large parcel of the lands in dispute, obtained from their chiefs and sachems at their council fire in Onondaga, in A.D. 1763, which is now in England, left there before the commencement 0021 13 of the present unhappy war, and which we have never since been able to obtain; and other necessary evidence and proofs, which on examination we find we are not at present possessed of, which may be wanted in the course of said trial, and not yet knowing what concessions may be made on the part of Pensylvania, do consent to proceed in the trial of said cause; at the same time reserving to ourselves the right of moving in any stage of said trial, to have the same postponed, as the nature and exigencies of the case may require, and that the agents for Pensylvania have on their part the same advantages, and that this motion be made parcel of the files of this honorable court.

E. Dyer, W. S. Johnson, J. Root , Agents for Connecticut . 1

1 This motion of the Connecticut agents is in the Papers of the Continental Congress , No. 77, folio 35.

Whereupon, the agents for the State of Pensylvania moved as follows:

The agents of Pensylvania, in answer to the written motion preferred by the agents of Connecticut, do say, that they are now ready, and have been for some time, to exhibit their claim on the part of Pensylvania, but have been delayed by the expectation founded on the promise made in the presence of the court by the agents of Connecticut, to file their claim at the same time. Yet they say in answer to that part of the said motion which claims the right of moving in any stage of the trial to have the same postponed, that the court ought not to hear and admit any motion to postpone the trial after the same has begun and proceeded to a hearing of the merits of the cause; and of this they pray the opinion of the court.

Wm. Bradford , Jun. Jos. Reed, James Wilson, Jona. D. Sergeant . 2

2 This motion of the Pennsylvania agents is in the Papers of the Continental Congress , No. 77, folio 37.

21 November, 1782.

After argument the court adjourned till to-morrow ten of the clock.

Friday , 22 November , 1782

The court met: present as before.

The court order the motions now before them in writing to be filed.

0022 14

The agents for Pensylvania laid before the court the following state and representation:

To the honorable the commissioners and judges appointed to hear and finally determine the controversy subsisting between the State of Pensylvania and the State of Connecticut. The agents of the State of Pensylvania beg leave humbly to state and represent in behalf of the said State,

1st. That King Charles the Second, then king of Great Britain, on the 4th day of March, in the year of our Lord one thousand six hundred and eighty-one, by his letters patent, dated on the same day and year aforesaid, did grant to William Penn, the first proprietary and governor of Pensylvania, his heirs and assigns, “all that tract or part of land in America, with the islands therein contained, as the same is bounded on the east by Delaware river, from twelve miles distance northwards of Newcastle town, unto the three and fortieth degree of northern latitude, if the said river doth extend so far northward; but if the said river shall not extend so far northward, then by the said river so far as it doth extend, and from the head of the said river the eastern bounds are to be determined by a meridian line to be drawn from the head of the said river unto the said forty-third degree; the said land to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles distance from Newcastle, northward and westward unto the beginning of the fortieth degree of northern latitude, and then by a straight line westwards to the limits of longitude above-mentioned.” By which letters patent the jurisdiction and right of government within the limits aforesaid, and also the right of soil were conveyed, and under which Pensylvania hath been held, settled and possessed.

2d. That the said William Penn, and the succeeding proprietaries of Pensylvania, at different periods, purchased from the native Indians their right of soil within different districts of the limits aforesaid, and received deeds from them for the same, and particularly on the twenty-fifth day of October, in the year of our Lord one thousand seven hundred and thirty-six, the said Indians conveyed to Thomas Penn and Richard Penn, the then proprietaries of Pensylvania, the full and absolute right of preemption of and in all the lands not before sold by them to the said proprietaries within the limits aforesaid.

0023 15

3d. That the southern bounds of Pensylvania, so far as the same adjoins on Maryland, have been long since settled; and the same, so far as the State adjoins upon Virginia, have also been settled of late by a line, called Mason and Dixon's line, continued to the end of five degrees of longitude from the river Delaware; that the northern bounds have always been deemed to extend to the end of the forty-second degree, where the figures 42° are marked on the map, the river Delaware being found to extend so far north, and farther; that the said river, pursuing the east or main branch thereof above the forks at Easton, hath ever been deemed to be one boundary of Pensylvania, from twelve miles above Newcastle, on the said river, to the said end of the forty-second degree, and that a straight line, from thence to the place where the same shall intersect another straight line, drawn from the end of the said southern line of boundary of Pensylvania, commonly called Mason and Dixon's line, continued to the extent of five degrees of longitude from the river Delaware, is another boundary of the said State of Pensylvania.

That the late province of Pensylvania, on the fourth day of July, in the year of our Lord one thousand seven hundred and seventy-six, did join with the other twelve, late provinces, now states, in the Declaration of Independence, and soon after established a constitution and government founded on the authority of the people, which they continue still to exercise and enjoy; and they did also join in the Articles of Confederation of the United States; and that being so independent and sovereign, on the twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine, they did by an act of their legislature, consisting of the representatives of the freemen of the said Commonwealth of Pensylvania in general assembly met, duly made and passed according to the directions of their frame of government, vest the right of soil and estate of the late proprietaries of Pensylvania in the said Commonwealth; and that by means thereof, and of the several matters and things herein before set forth, the said Commonwealth, or State of Pensylvania, is entitled to the right of jurisdiction, and right of soil within all the limits aforesaid.

5th. That, nevertheless, sundry persons pretending to claim under the late colony, now State of Connecticut, before the Revolution, have violently settled themselves within the limits aforesaid, and the colony of Connecticut by an act of their legislature, made and passed a short time before the Revolution, have encouraged the said violent settlement and intrusion, and asserted their claim as a colony 0024 16 to a large part of the lands within the limits aforesaid, as well in point of jurisdiction as territory; and that since the Revolution, the said intrusions are continued and daily increased by the said persons pretending to claim under the State of Connecticut, and the claim of the said State is by the said State still continued and persisted in, and the jurisdiction of the said State actually asserted and exercised, within a part of the State of Pensylvania, in defiance of all law and justice.

Wherefore the said agents do humbly pray, that this honorable court taking into consideration the premises, as well as all other matters and proofs that may be alleged and shewn on the part of Pensylvania and of Connecticut before you, you will proceed agreeably to the tenor of the ninth Article of the Confederation, to determine and decide in the premises according as to right and justice shall be found to appertain.

William Bradford , Jun. Jos. Reed, James Wilson, Jona. D. Sergeant . 1

1 The Pennsylvania statement is in the Papers of the Continental Congress, No. 77, folios 39–47.

20 November, 1782.

The agents for Connecticut also exhibited to the court a state of the case on the part of Connecticut, as follows:

The state of the case on the part of Connecticut, exhibited to the honorable court of commissioners at Trenton, November, A. D. 1782.

A. D. 1497. Sebastian Cabot, a subject of England, was employed by Henry the seventh, King of England, to discover a north west passage to China, and in that service, in or about the year one thousand four hundred and ninety-seven, he discovered all the north east coast of America, from Cape Florida, in twenty-five degrees north latitude, to sixty-seven degrees and an half, by which the crown of England became entitled thereto, so far as the right of first discovery could entitle. A. D. 1620, King James the first, in the eighteenth year of his reign, by letters patent, under the great seal of England, gave the name of New England, in America, to all that circuit, continent and limits in America, in breadth, from forty degrees of northerly latitude from the equinoctial line to forty-eight degrees of said northerly latitude, and in length, by all the breadth throughout the main land from sea to sea, with all the rivers, seas, &c. within the 0025 17 same degrees of latitude and longitude; and incorporated the Duke of Lenox, and divers other persons, by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing of New England, in America; and to them and their successors, grants all the lands, &c. viz. that aforesaid part of America, lying and being in breadth from forty degrees of northerly latitude, from the equinoctial line to forty-eight degrees of the said northerly latitude, inclusively, and in length, of and within all the breadth aforesaid throughout the main lands, from sea to sea, together also with all the firm lands, soils, grounds, &c. and all and singular other commodities, jurisdictions, royalties, privileges, franchises and pre-eminences, both within the said tract, upon the land upon the main, and also within the said islands and seas adjoining: Provided always, that the said islands or any of the premises herein before mentioned, and by these presents intended and meant to be granted, were not actually possessed or inhabited by other Christian prince or state, nor within the bounds, limits or territories of that southern colony heretofore by us granted, to be planted by divers of our loving subjects in the south part. And did further command and authorise the said council and their successors, or the major part of them, to distribute, convey, assign, and set over such particular portions of said lands, tenements and hereditaments, to such subjects, adventures and planters, as they should think proper, respect being had as well to the proportion of the adventurers as to the special hazard, exploit or merit of any person to be recompensed, advanced or rewarded.

March 19, 1628. The said council of Plymouth granted to Sir Henry Roswell, &c. their heirs and assigns, and their associates forever, all that part of New England, in America aforesaid, which lies and extends between a great river, there commonly called Monomack, alias Merrimack, and a certain other river there, called Charles river, being in the bottom of a bay, called Massachusetts, alias Massachusetts, alias Mattatusetts Bay, and all and singular those lands and hereditaments whatsoever, lying within the space of three English relies, on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay, called Massachusetts, alias Mattachusetts, alias Mattatusetts Bay, and also all those lands and hereditaments whatsoever, which lie and be within the space of three English miles to the northward of the said river, 0026 18 called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and in breadth, and in length and longitude of and within all the breadth aforesaid, throughout the main lands there, from the Atlantic and Western sea and ocean on the east part, to the South sea, on the west part, and all the lands and grounds, &c. March 4, 1629, King Charles the first, by his letters patent, under the great seal of England, did grant and confirm unto the said Sir Henry Roswell, &c. their heirs and assigns, and their associates, all the said part of New England, in America, lying and extending between the bounds and limits in the said indenture expressed, &c. Provided always, that if the said lands, islands, or any the premises before mentioned, and by the said letters patent, last mentioned, intended and meant to be granted, were, at the time of the granting of the said former letters patent, dated the third day of November, in the eighteenth year of the reign of his late Majesty, King James the First, actually possessed or inhabited by any other Christian prince or state, or were within the bounds, limits or territories of the said southern colony then before granted by the said king, to be planted by divers of his loving subjects in the south parts of America, that then the said grants should not extend to any such parts or parcels thereof, so formerly inhabited or lying within the bounds of the southern plantation as aforesaid. But as to those parts or parcels so possessed or inhabited by any such Christian prince or state, or being within the boundaries aforesaid, should be utterly void.

March 19, 1631. Robert Earl of Warwick, president of the council of Plymouth, by his deed, bearing date the 19th day of March, Anno Dom. 1631, did give, grant, bargain, sell and confirm unto the right honorable William Viscount Say and Seal, &c. their heirs and assigns, and their associates forever, all that part of New England, in America, which lies and extends itself from a river there called Narraganset, rver, the space of forty leagues upon a straight line, near the seat shore, towards the south-west, west and by south, or west, as the coast lieth towards Virginia, accounting three English miles to the league; and also all and singular the lands and hereditaments whatsoever, lying and being within the lands aforesaid, north and south in latitude and breadth, and in length and longitude, of and within all the breadth aforesaid, throughout the main lands there, from the Western ocean to the South sea, and all lands and grounds, havens, rivers, waters, fishings and hereditaments whatsoever, lying within 0027 19 the said space, and every part and parcel thereof, and also all the islands lying in America aforesaid, in the said seas or either of them, on the western or eastern coasts, or parts of the said tracts of land by these presents mentioned to be given and granted; to have and to hold, unto the said William Viscount Say and Seal, &c. their heirs and assigns, and their associates, to their only proper use and behoof for evermore.

The Associates with Lord Say and Seal, &c. Connecticut people established government, and soon after proceeded to settle on the land aforesaid, upon the right and as associates of the lords Say and Seal, &c. under the patents aforesaid, which lands they were afterwards vested with; having obtained the native right by purchase and conquest, and having settled many towns in the eastern part of said patent, and as far west as the Dutch possessions near Hudson's river, they as early as A.D. 1650, extended their claims and possessions on the west side of Delaware river, and made purchases of large tracts of lands of the Indians there.

In 1635, the said Plymouth company surrendered their patent to the crown.

April 23d, 1662. King Charles the second, by his letters patent under the great seat of England, bearing date the 23 day of April, Anne Dom. 1662, ordained, constituted, and declared John Winthrop, John Mason, Samuel Wyllis, and sixteen others by name, and all such others as then were or thereafter should be admitted and made free of the company and society of the colony of Connecticut, in America, should, from time to time, and for ever thereafter, be one body corporate and politic, in fact and in name, by the name of the governor and company of the English colony of Connecticut, in New England, in America, with certain powers, privileges and authorities; and therein granted to them and their successors, all that part of his dominions in New England, in America, bounden on the east by Narragansett river, commonly called Narragansett bay, where the said river falleth into the sea, and on the north by the line of the Massachusetts plantation, and on the south by the sea, and in longitude, as the line of the Massachusetts colony, running from east to west, that is to say, from the said Narragansett bay on the east, to the South sea on the west, with the islands thereunto adjoining, together with all the firm lands, &c. to have and to hold the same unto the said governor and company, their successors and assigns for ever, upon trust, and to and for the use and benefit of themselves and their associates, freemen of the said colony, their 0028 20 heirs and assigns, to be holden of the king, his heirs and successors, as of his manor of East Greenwich, in free and common soccage, and not in capite or by knights' service.

Whereby the said governor and company became vested with the right of jurisdiction over, and seized of the crown title, and of the exclusive right of pre-emption to all the lands within the boundaries in said patent mentioned and described, excepting only such part of the same as was then actually in the possession of the Dutch: and in fact the lands in controversy, between the states of Pensylvania and Connecticut, in this case, are contained within the said bruits of said patent, viz. within a line drawn from the east side of a creek or river, called Momaroneck, where the fresh water falls into the salt, at high-water mark, west parallel to the south line of the patents to the Massachusetts aforesaid.

March 12, 1664. King Charles the second, by his letters patent, under the great seal of England, bearing date the 12th day of March Anno Dom. 1664, gave and granted unto his royal brother James, Duke of York, all that part of the main land in New England, beginning at a certain place, called and known by the name of Saint Croix, next adjoining to New Scotland, in America, and from thence extending along the sea coast, unto a place called Pennequie or Pennequid, and so up the river thereof to the furthermost head of the same, as it tendeth northward, and extending from thence to the river Kenebequie, and upwards, by the shortest course, to the river called Canada, northward; and also all that island or islands, commonly called by the several name or names of Mattowacks, or Long Island, situate, lying and being towards the west of Cape Cod and the Narragansetts, abutting upon the main land between the two rivers there called and known by the names of Connecticut and Hudson's river; together also with the said river called Hudson's river, and all the land from the west side of Connecticut river to the east side of Delaware bay; and all the several islands, called or known by the names of Martin's Vineyard and Nantucks, otherwise Nantucket, together with all the lands, soils, islands, &c.

The Dutch and Swedes were at that time possessed of the lands belonging to the late colonies of New York and New Jersey, and had made considerable plantations and improvements there; which settlements aforesaid of the Dutch, &c. they contended were begun as early as in the year 1614, prior to the patent of the council of Plymouth.

April, 1664. King Charles the second, in April, 1664, made a conquest of the Dutch at New York; and a settlement of the line between 0029 21 the Duke of York's government, eastward, and the colony of Connecticut, became necessary.

April 26, 1664. His majesty having constituted and appointed Colonel Richard Nichols, Sir Robert Carr, knight, &c. his commissioners to visit the New England colonies, with full power and authority to hear, receive, examine and determine all complaints and appeals, and proceed in all things for providing for and settling the peace of said country; they did accordingly settle and determine as follows, viz.

November 30, 1664. By virtue of his Majesty's commission, we have heard the difference about the bounds of the patent granted to his royal highness the Duke of York, and to his Majesty's colony of Connecticut; and having deliberately considered the reasons alleged by Mr. Allen, senior, Mr. Gold, Mr. Richards and Captain Winthrop, appointed by the assembly held at Hartford, the 13th of October, 1664, to accompany John Winthrop, esq. the governor of his Majesty's colony of Connecticut, to New York, and by Mr. Howell and Captain Young, why the said Long Island should be under the government of Connecticut, which are too long here to be recited. We do declare, and order the southern bounds of his Majesty's colony, is the sea; and that Long Island is to be under the government of his royal highness the Duke of York, as is expressed by plain words in said charters respectively. And also by virtue of his Majesty's commission, and by the consent of both the governors and the gentlemen above named; we do also order and declare, that the creek or river which is called Monoromock, which is reputed to be about twelve miles to the east of West Chester, and a line to be drawn from the east point or side where the fresh water falls into the salt, at high-water mark, north north-west, to the line of the Massachusetts, be the western bounds of the said colony of Connecticut: and all plantations lying westward of that creek and line so drawn, shall be under his royal highness's government; and all the plantations lying eastward of that creek and line, to be under the government of Connecticut.

To this the commissioners therein mentioned from Connecticut, subscribed in the words following, viz. “We underwritten, on behalf of the colony of Connecticut, have assented unto the determination of his Majesty's commissioners, in relation to the bounds and limits of his royal highness the duke's patent, and the patent of Connecticut.”

June, 1673. In June, 1673, New York and its territories were recovered by the Dutch, and their government revived again. In 1674, 0030 22 on a treaty of peace between the English and Dutch, signed at Westminster, the English government was restored. June, 29, 1674: June 29, A.D. 1674, the Duke of York obtained a renewal of his patent. The duke's governor being uneasy at the former settlement of the line, claimed a resettlement of the same; and after various negotiations and agreements, between November 23d, 1683, and 1733, the line between the duke's government, and the government of the colony of Connecticut, was finally settled, beginning at Biram river, at the sea, a few miles east of the former settlement of said line, and to extend northward to the line of the Massachusetts, as in said settlement is expressed.

King Charles the second, by his letters patent, bearing date the thirty-first year of his reign, gave and granted unto William Penn, his heirs and assigns, all that tract or parcel of land in America, with all the islands therein contained, as the same is bounded on the east of Delaware river, from twelve miles northward of New Castle town, unto the three and fortieth degree of northern latitude, if the said river doth extend so far northward, but if the said river doth not extend so far northward, then by the said river so far as it doth extend; and from the head of the said river the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river unto the said three and fortieth degree. The said lands to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and on the south by a circle drawn at twelve miles distance from New Castle, northwards and westwards, unto the beginning of the fortieth degree of northern latitude, and then by a straight line westward to the limits of longitude above-mentioned: to have, hold, possess and enjoy, unto the said William Penn, his heirs and assigns, &c., the northern part of the bounds and limits of which grant interferes with and spreads over some parts of the western lands before granted to the colony of Connecticut, and confirmed by the renewed charter or patent aforesaid, from King Charles the Second, for about the space of one degree of latitude through the whole breadth of the said grant, being nearly the forty-second degree of north latitude, which occasions the present controversy; of which interference the said William Penn had notice at the time of taking out his patent aforesaid.

The colony of Connecticut, in A.D. 1753, having located and settled all their lands within their patent east of New York, and being in a 0031 23 condition to extend their settlements on the other part of their patent aforesaid, to the westward of Delaware river which lay in a wilderness state, and possessed only by the Indians; certain companies of adventurers, chiefly from said colony, agreed together to purchase the native right to said lands of the Indians, and to extend the settlements of the colony of Connecticut on the western parts of said patent, and accordingly did, under countenance of the authority of said colony, at different times, make sundry purchases of large tracts of lands of the Indians, native proprietors of said lands, on the Susquehanna and Delaware river, within the limits and bounds of the patent to the governor and company aforesaid; and in A.D. 1754, said companies of adventurers proceeded and made settlements on said lands so purchased as aforesaid, and ever since have, though with various interruptions, continued to hold and possess the same under the title of the colony of Connecticut. And the legislature of the colony of Connecticut have approved of the purchases and settlements of the adventurers aforesaid, and have actually erected and exercised jurisdiction in and over said territory, as part and parcel of said colony.

All which rights, powers, privileges and jurisdictions aforesaid, of the colony of Connecticut, on the late happy Revolution, remained as before, vested in the State of Connecticut.

And thereupon the agents for the State of Connecticut pray the judgment of this honorable court in their favour, that they may be quieted in the jurisdiction and property in and over the lands in dispute aforesaid.

Eliphalet Dyer, Wm. S. Johnson, J. Root , Agents for Connecticut . 1

1 The Connecticut statement is in the Papers of the Continental Congress , No. 77, folios 1–19.

The agents for the State of Pensylvania having further prayed the opinion of the court on the written motions this morning ordered to be filed, the same was given as follows:

The court cannot determine what motions may or may not be proper to be made hereafter; at the same time they think it proper to inform the agents on both sides, that they mean to govern themselves by the principles of law, so far as they ought to apply in the present case.

The court adjourned till to-morrow ten of the clock.

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Saturday , 23 November , 1782

The court met: present as before.

A motion was made by the agents for the State of Connecticut, in the words following:

Trenton , November 23, 1782 .

Pensylvania v. Connecticut.

The agents for the State of Connecticut, sensible that in the course of this trial they will have occasion to make use of many depositions, taken before a justice of the peace according to the laws of the State in which they were taken, respecting the purchase of the Indian sachems, native proprietors of said lands, their deeds and the execution of them, the settlements that have been made on said lands and sundry other matters which will be necessary in said trial, beg leave now to move for the opinion of the court, whether such depositions, taken as aforesaid, will be admitted as evidence in the case.

Dyer, Johnson, Root , Agents . 1

1 This Connecticut motion is in the Papers of the Continental Congress , No. 77, folio 49.

Which being followed by a motion from the agents for the State of Pensylvania, in these words:

November 23, 1782

The agents for Pensylvania, in reply to the written motion just filed by the agents for Connecticut, praying the opinion of the court respecting the admissibility of testimony, before the court proceeds upon a hearing of the cause, and before the testimony be regularly offered, humbly beg leave to object to the same motion, as irregular and unprecedented, and such as the court ought not to decide upon, and of this they pray the opinion of the court.

Wm. Bradford , Jun. James Wilson, Jona. D. Sergeant . 2

2 This Pennsylvania motion is in the Papers of the Continental Congress , No. 77, folio 51.

The court determined, that they can give no opinion upon the admission of testimony until regularly offered.

The agents for the State of Pensylvania, gave the following notice in writing, viz.

0033 25

Pensylvania v. Connecticut.

The agents for Pensylvania, anxious for the speedy determination of this cause, and desirous that the agents for Connecticut may have no reason to complain of hardship or surprize, do hereby, in the presence of the court, give notice to the said agents for Connecticut, that they shall conceive it their duty to oppose the admission of any ex parte depositions, as evidence in this cause; and that they shall object to any application for a commission to take the examination of witnesses, and to any motion for delaying this cause on the account of the absence of witnesses, unless such motion or application be forthwith made, so as to avoid unnecessary delay.

Wm. Bradford , Jun. James Wilson, Jona. D. Sergeant . 1

1 This notice by the agents of Pennsylvania is in the Papers of the Continental Congress , No. 77, folio 53.

23 November, 1782.

The court adjourned until Monday morning next, ten of the clock.

Monday, November 25, 1782

The court met pursuant to adjournment: present as before.

The agents for the State of Connecticut made the following answer to the notice given by the agents for the State of Pensylvania, on Saturday last, viz.

Pensylvania v. Connecticut.

Now the agents for Connecticut, in answer to the notice given them by the agents for Pensylvania on the 23d instant say, that they being desirous of a just as well as a speedy decision of this cause, and that they, relying on the wisdom, equity and justice of this honorable court, that all questions and motions which shall come before them will be righteously determined, are ready to proceed. And that the agents for Pensylvania may not suffer any disadvantage by first disclosing them exhibits and evidence, the agents of Connecticut are willing, and now offer to go forward in their exhibits and proofs.

Elphalet Dyer, Jesse Root, Wm. Samuel Johnson , Agents for Connecticut . 2

2 This answer to the notice of the Pennsylvania agents is in the Papers of the Continental Congress , No. 77, folio 55.

November 25, 1782.

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Ordered , That the agents for the State of Pensylvania proceed with their proofs and exhibits.

Whereupon, Mr. Bradford opened the cause, and proceeded accordingly.

The court adjourned till to-morrow morning ten of the clock.

Tuesday , 26 th November , 1782

The court met: present as before.

The proofs and exhibits continued on the part of Pensylvania.

The court adjourned till to-morrow morning ten of the clock.

Wednesday , 27 th November , 1782

The court met: present as before.

Farther proofs and exhibits on the part of Pensylvania.

The court adjourned till Friday morning next, ten of the clock.

Friday , 29 th November , 1782

The Court met: present as before.

The agents for the State of Connecticut proceeded to the proofs and exhibits on the part of the said State.

The court adjourned till to-morrow morning ten of the clock.

Saturday , 30 th November , 1782

The court met: present as before.

The proofs and exhibits continued on the part of Connecticut.

The court adjourned till Monday morning next, ten of the clock.

Monday , 2 d December , 1782

The court met: present as before.

On motion of the agents for the State of Pensylvania,

Ordered , That a commission do issue to take the deposition of the right honorable William, Earl of Stirling, the agents of Connecticut having notice thereof.

Farther proofs and exhibits on the part of Connecticut.

The court adjourned till to-morrow morning ten of the clock.

Tuesday , 3 d December , 1782

The court met: present as before.

The agents of Pensylvania, in order to remove the doubts which were suggested by the agents of Connecticut, and entertained by some 0035 27 of the members of the court, as to their former powers, produced a new commission of agency, which is in the words following: Pensylvania, ss.

In the name and by the authority of the freemen of the Commonwealth of Pensylvania:

The president and supreme executive council of the said Commonwealth:

To William Bradford, jun. esquire, attorney-general of the said Commonwealth, Joseph Reed, James Wilson, Jonathan Dickinson Sergeant, and Henry Osborne, esquires.

(L. S.) We, reposing especial trust and confidence in your prudence, integrity and abilities, do by John Dickinson . these presents constitute and appoint you, the said William Bradford, jun. Joseph Reed, James Wilson and Jonathan Dickson Sergeant, our counsellors and agents, and you the said Henry Osborne, our solicitor and agent, in the cause now depending before the honorable the commissioners and judges, appointed by virtue of the ninth Article of the Confederation of the United States of America, to hear and finally determine the controversy subsisting between the Commonwealth of Pensylvania and the State of Connecticut: hereby ratifying and confirming all, and whatsoever you our said counsellors and agents, or any two of you, shall lawfully do or cause to be done, or heretofore have lawfully done or caused to be done, touching the said cause between the said states of Pensylvania and Connecticut.

Given in council, under the hand of the president and the seal of the State, at Philadelphia, this thirtieth day of November, in the year of our Lord one thousand seven hundred and eighty-two.

Attest: T. Matlack , Secretary . 1

1 This commission of agency is in the Papers of the Continental Congress , No. 77, folio 71.

The agents for the State of Connecticut continued their proofs and exhibits.

The court adjourned till to-morrow morning ten of the clock.

Wednesday , 4 th December , 1782

The court met: present as before.

The proofs and exhibits, on the part of Connecticut, continued.

The agents for the State of Connecticut, having offered in evidence the proofs or attestation annexed to a certain deed, signed by Kahick 0036 28 Toton and other Indians, dated 11 July, 1754; which deed had yesterday been admitted to be read; the agents for the State of Pensylvania objected to the reading of the said proofs and attestation, alleging that they contained sundry circumstances relating to the manner of obtaining the said deed, which were improper to be given in evidence; whereupon, after argument, the court ruled that the same be read.

The court adjourned till to-morrow morning ten of the clock.

Thursday , 5 th December , 1782

The court met: present as before.

The proofs and exhibits, on the part of Connecticut, continued:

On motion of the agents for the State of Pensylvania,

James Van Acken, esq. of that State, was sworn to give evidence in the cause.

The court adjourned until to-morrow morning ten of the clock.

Friday , 6 th December , 1782

The court met: present as before.

The proofs and exhibits, on the part of Pensylvania, resumed.

The court adjourned till to-morrow morning ten of the clock.

Saturday , 7 th December , 1782

The court met: present as before.

Proofs and exhibits, on the part of Pensylvania, continued.

The court adjourned until Monday morning next, ten of the clock.

Monday , 9 th December , 1782

The court met: present as before.

Proofs and exhibits, on the part of Pensylvania, concluded.

Proofs and exhibits, on the part of Connecticut, resumed and concluded.

The court adjourned till to-morrow morning ten of the clock.

Tuesday , 10 th December , 1782

The court met: present as before.

The proofs and exhibits, on the part of Pensylvania, and on the part of Connecticut, being finished,

Ordered , That the agents proceed in the arguments alternately, and that one conclude on the part of the State of Pensylvania.

0037 29

Mr. Root, one of the agents for the State of Connecticut, proceeded to argue the cause.

The court adjourned till to-morrow morning ten of the clock.

Wednesday , 11 th December , 1782

The court met: present as before.

Mr. Sergeant proceeded with the argument on the part of the State of Pensylvania.

The honorable Samuel Wharton and Richard Peters, esquires, were produced as witnesses by the agents for the State of Pensylvania, and their evidence taken.

The court adjourned till to-morrow morning ten of the clock.

Thursday , 12 December , 1782

The court met: present as before.

Mr. Sergeant continued the argument on the part of the State of Pensylvania.

His Excellency Governor Livingston was produced as a witness by the agents for the State of Pensylvania, and his evidence taken.

The court adjourned till to-morrow morning ten of the clock.

Friday , 13 December , 1782

The court met: present as before.

Mr. Dyer proceeded with the argument on the part of the State of Connecticut.

The court adjourned till to-morrow morning ten of the clock.

Saturday , 14 December , 1782

The court met: present as before.

Mr. Dyer continued the argument on the part of the State of Connecticut.

Mr. Wilson proceeded with the argument on the part of the State of Pensylvania.

The court adjourned until Monday morning next, ten of the clock

Monday , 16 December , 1782

The court met: present as before.

The court adjourned till to-morrow morning ten of the clock.

Tuesday , 17 December , 1782

The court met: present as before.

The court adjourned till to-morrow morning ten of the clock.

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Wednesday , 18 December , 1782

The court met: present as before.

The court adjourned till to-morrow morning ten of the clock.

Thursday , 19 th December , 1782

The court met: present as before.

Mr. Wilson continued the argument on the part of the State of Pensylvania.

The court adjourned to six o'clock this afternoon.

SIX O'CLOCK P. M.

The court met: present as before.

Mr. Wilson continued the argument on the part of the State of Pensylvania.

The court adjourned till to-morrow morning ten of the clock.

Friday , 20 December , 1782

Mr. Wilson continued the argument on the part of the Stage of Pensylvania.

The court adjourned till to-morrow morning ten of the clock.

Saturday , 21 December , 1782

The court met: present as before.

Mr. Johnson proceeded with the argument on the part of the State of Connecticut.

The court adjourned until Monday morning next, ten of the clock.

Monday , 23 December , 1782

The court met: present as before.

Mr. Johnson continued the argument on the part of the State of Connecticut.

The court adjourned to six o'clock this afternoon.

SIX O'CLOCK P. M.

The court met: present as before.

Mr. Johnson concluded the argument on the part of the State of Connecticut.

The court adjourned till to-morrow morning ten of the clock.

0039 31
Tuesday , 24 December , 1782

The court met: present as before.

Mr. Reed proceeded with the argument on the part of the State of Pensylvania.

The court adjourned to six o'clock this afternoon.

SIX O'CLOCK P.M.

The court met: present as before.

Mr. Reed concluded the argument on the part of the State of Pensylvania.

The court adjourned till to-morrow morning ten of the clock.

Wednesday , 25 December , 1782

The court met: present as before.

The court adjourned till to-morrow morning ten of the clock.

Thursday , 26 December , 1782

The court met: present as before.

The commission for taking the deposition of the right honorable William, Earl of Stirling, being returned with the deposition annexed: 1

1 The commission, the interrogatories, and the deposition of the Earl of Stirling are in the Papers of the Continental Congress , No. 77, folios 57–69.

Ordered , That the same be filed.

The court adjourned till to-morrow morning ten of the clock.

Friday , 27 December , 1782

The court met: present as before.

The court adjourned till to-morrow morning ten of the clock.

Saturday , 28 December , 1782

The court met: present as before.

The court adjourned till Monday morning next, ten of the clock.

Monday , 30 December .

The court met: present as before.

The agents attending, the court pronounced the following sentence or judgment:

This cause has been well argued by the learned counsel on both sides. The court are now to pronounce their sentence or judgment.

We are unanimously of opinion, that the State of Connecticut has no right to the lands in controversy.

0040 32

We are also unanimously of opinion, that the jurisdiction and pre-emption of all the territory lying within the charter boundary of Pensylvania, and now claimed by the State of Connecticut, do of right belong to the State of Pensylvania.

Trenton , 30 December, 1782 .

Wm. Whipple, Welcome Arnold, Wm. C. Houston, Cyrus Griffin, David Brearley . 1

1 The signed judgment of the court is in the Papers of the Continental Congress , No. 77, folio 81.

The court adjourned without day.

Wm. Whipple , President .

Attest:

John Neilson , Clerk . 2

2 A copy of these proceedings is in the Papers of the Continental Congress , No. 77, folios 246–285. The proofs and exhibits in the case are on folios 73–79. From this point to the end of the day, the proceedings of January 3 were entered only in the manuscript Secret (Domestic) Journal, and in Secret Journal, No. 8.

A motion was made by Mr. [Jonathan] Arnold, seconded by Mr. [John] Collins,

That the Secretary for foreign affairs be directed to transmit to the executive of the State of Rhode Island and Providence Plantations, certified copies of the following extracts of public letters from Europe, viz.

Extract of a letter from the Minister of the United States at the Court of Versailles, directed to the Secretary for Foreign Affairs, dated Passy, August 12, 1782 .

“All ranks of this nation appear to be in good humor with us, and our reputation rises throughout Europe. Extract of a letter from the Minister at the Court of Versailles, to the Secretary for Foreign Affairs, dated Passy, September 3, 1782 .

“It affords me much satisfaction to find the conduct of Congress approved by all that hear, or speak of it; and to see all the marks of a constantly growing regard for us, and confidence in us, among those in whom such sentiments are most to be desired.”

0041 33

Extract of a letter from the Minister at the Court of Versailles, to the Superintendant of Finance, dated Passy, April 8, 1782, read in Congress, December 27, 1782 . “Our public affairs go on swimmingly in Holland.”

Extract of a letter from the Minister at the Court of Versailles, to the Superintendant of Finance, dated Passy, August 12, 1782, read in Congress, December 27, 1782 .

“Your conduct, activity and address as financier and provider for the exigencies of the state, is much admired and praised here, its good consequences being so evident, particularly with regard to the rising credit of our country, and the value of bills.”

Extract of a Letter from the Minister of the United States at the Hague, to the Secretary for Foreign Affairs, dated Hague, July 5, 1782 .

“Although I was obliged to engage with them for five millions of guilders, I don't expect we shall obtain that sum for a long time. If we get a million and a half by Christmas it will be more than I expect.”

Extract of Letter from the Marquis de la Fayette to the Secretary for Foreign Affairs, dated Paris, October 5, 1782 .

“In a letter from Mr. Adams to me, dated the Hague, September 29, I had the following intelligence: ‘We have at length the consent of all the cities and provinces, and have adjusted and agreed upon every article, word, syllable, letter, and point, in the treaty of commerce; and clerks axe employed in making out fair copies for the signature, which will be done this week. Amidst the innumerable crowd of loans which are opened in this country, many of which have little success, I was afraid that ours would have failed. I have, however, the pleasure to inform you that I am at least one million and an half in cash, about three millions of livres, which will be an aid to the operations of our finances.’ From this it appears that Mr. Adams has 0042 34 well employed his time in Holland, and I beg you will please to communicate this extract to Mr. Morris.”

That the said secretary also transmit to the said executive certified copies of the several letters that have been received from Mr. Adams, the minister at the Hague, in the course of the last six months, as well as those from Mr. Dumas, and the sundry letters which have been received from the ministers at Versailles and Madrid, on the subject of loans, in the course of the year 1782, and of all other letters respecting applications for foreign loans, and the result thereof; and respecting which secrecy is not enjoined by Congress. 1

1 This motion, in the writing of Jonathan Arnold is in the Papers of the Continental Congress , No. 36, II, folio 1. The indorsement states that it was seconded by Mr, [David] Howell. According to the record in Committee Books No. 186 and No. 191, the motions of Arnold, Rutledge, and Wolcott were committed on this day to Mr. [John Taylor] Gilman, Mr. [John] Rutledge, and Mr. [Oliver] Ellsworth; a report was delivered January 13 and passed on the 14th.

A motion was made by Mr. [Oliver] Wolcott, seconded by Mr. [Daniel] Carroll, to amend by prefixing the following preamble:

Whereas the Delegates of the State of Rhode Island have frequently interrupted and delayed the important business of Congress, by their solicitations to obtain certain extracts from letters received by Congress from their ministers, to have them transmitted to the State of Rhode Island; and whereas although such extracts being taken without the connection which they bear to other parts of such letters will be very liable to misguide those to whom such extracts shall be sent; yet considering the interruption which such frequent motions occasion to the necessary business of the United States, 2 Resolved —

2 This motion, in the writing of Oliver Wolcott, is in the Papers of the Continental Congress , No. 36, II, folio 9.

A motion made by Mr. [John Taylor] Gilman, seconded by Mr. —, to amend the amendment, by 0043 35 inserting before the words “the delegates,” the words “some of.”

A motion was then made by Mr. [John] Rutledge, seconded by Mr. [Benjamin] Hawkins, as follows:

Congress having, on the 20th December last, directed the secretary for foreign affairs to transmit to the executive authority of Rhode Island, an authenticated state of the several applications for foreign loans, and the result thereof—

Resolved , That the foregoing motions be postponed. 1

1 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 36, II, folio 5. The vote is indorsed on it.

A motion was then made by Mr. [Alexander] Hamilton, seconded by Mr. [John Taylor] Gilman, that the whole be committed. And on the question for commitment, the yeas and nays being required by Mr. [David] Howell—

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Osgood, ay ay Gorham, ay Rhode Island, Mr. Collins, no Arnold, no no Howell, no Connecticut, Mr. Ellsworth, ay Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Elmer, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. Dickinson, ay ay Wharton, ay Maryland, Mr. Carroll, ay * North Carolina, Mr. Hawkins, ay Nash, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay
0044 36

So it was resolved in the affirmative.

The committee—Mr. [John Taylor] Gilman, Mr. [Alexander] Hamilton, Mr. [Oliver] Ellsworth.

A motion was then made by Mr. [Samuel] Osgood, seconded by Mr. [Alexander] Hamilton, that the entry of this proceeding be made on the secret journal; and on the question to agree to this, the yeas and nays being required by Mr. [David] Howell—

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Osgood, ay ay Gorham, ay Rhode Island, Mr. Collins, no Arnold, no no Howell, no Connecticut, Mr. Ellsworth, no Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Elmer, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. Dickinson, ay Wharton, ay Maryland, Mr. Carroll, ay * Virginia, Mr. Madison, ay * North Carolina, Mr. Hawkins, ay Nash, ay ay Williamson, ay Blount, ay South Carolina, Mr. Rutledge, no Ramsay, ay div. Izard, ay Gervais, no

So it was resolved in the affirmative.

The Committee of the week [consisting of Mr. Oliver Wolcott, Mr. Benjamin Hawkins and Mr. Silas Condict, report,

0045 37

That the Application of the Chevalier de Segond, late Captain in Count du Pulaski's Legion relative to some honourable testimonial of his services, and also respecting his pay be referred to the Secretary of War. 1

1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress , No. 32, folio 301. According to the indorsement it was referred to the Secretary at War on this day.

On this day, as the indorsement states, was read the petition of proprietors of Loan Office Certificates in Connecticut, asking for payment of back interest, dated Norwich, December 18, 1782, and referred to Mr. [David] Howell, Mr. [Jonathan] Arnold and Mr. [Oliver] Ellsworth. It is in No. 42, II, folio 164. According to Committee Book, NO. 186, the Committee was discharged April 28.

[MONDAY, JANUARY 6, 1783]

In pursuance of the Resolve of the 17th of June:

Mr. [Nathaniel] Gorham, Mr. [Jonathan] Elmer, Mr. [Samuel] Wharton, Mr. [Thomas] Fitzsimmons and Mr. [John Taylor] Gilman were appointed to enquire fully into the proceedings of the Department of Finance, including the several branches of the same, and report the result of their enquiry.

Mr. [John] Collins, Mr. [William] Blount, Mr. [Oliver] Wolcott, Mr. [David] Ramsay and Mr. [William] Floyd were appointed to enquire fully into the proceedings of the Agent of Marine and report the result of their enquiry. 2

2 These two committee appointments were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings ; and in Committee Book, No. 186. According to the record in Committee Book, No. 186, the following committees were appointed the same day and in pursuance of the same resolve:

Mr. [John] Rutledge, Mr. [Richard] Peters, Mr. [Daniel] Carroll, Mr. [Phillips] White and Mr. [Alexander] Hamilton, to enquire fully into the proceedings of the Department of War and report the result of their enquiry. Mr. [Theodorick] Bland was afterward substituted for White on this committee. See post , October 11.

Mr. [James] Madison, Mr. [James] Wilson, Mr. [Ralph] Izard, Mr. [Oliver] Ellsworth and Mr. [Samuel] Osgood, to enquire into the proceedings of the Department for Foreign Affairs and report the result of their enquiry. This committee was discharged July 23.

Mr. [Hugh] Williamson, Mr. [John] Montgomery, Mr. [Philemon] Dickinson, Mr. [Eliphalet] Dyer and Mr. [Silas] Condict, to enquire fully into the proceedings of the Post Office and report. See post , May 5.

The committee on the Department of Finance was renewed, March 31, Mr. [Nathaniel] Gorham, Mr. [Thomas] FitzSimons, Mr. [William] Hemsley, Mr. A[rthur] Lee and Mr. [Stephen] Higginson being appointed on that day, and a report was delivered June 10 and entered.

The committee on the Agent of Marine was renewed April 28, Mr. [John] Collins, Mr. [William] Floyd, Mr. [Stephen] Higginson, Mr. [Benjamin] Hawkins and Mr. [Thomas] Mifflin being appointed on that day. On July 23, the committee was again renewed, and the matter referred to Mr. [Stephen] Higginson, Mr. [Benjamin] Hawkins, Mr. [William] Ellery, Mr. [Samuel] Holten and Mr. [James] Duane, ‘together with so much of a letter from the Superintendent of finance as relates, to his desire of being excused from executing the office.”

0046 38

Ordered , That a report of a committee, consisting of Mr. [John Lewis] Gervais, Mr. [Thomas] Fitzsimmons and Mr. [Oliver] Wolcott, on the letter of the 10th December from the Superintendent of Finance be referred back to the same Committee. 1

1 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 Books No. 186 and No. 191, the Superintendent's letter related to ”an allowance to T. Rutledge, purchasing commissary for S. Army,” and the original committee, appointed December 11, 1782, consisted of Gervais, FitzSimons and Clark, Wolcott being afterward appointed in place of Clark. This committee delivered a report January 2, it was recommitted to them January 6, and they delivered a new report February 28. In No. 191, referring to the last report, Thomson makes the following note: “Mr. Rutledge has this report.”

On January 6, according to the indorsement, a letter, of the 4th, from Richard Butler, Colonel Commanding, on the subject of prisoners of war was referred to the Secretary at War. It is in No. 78, IV, folio 365. Committee Book, No. 186, states the report was made January 15.

TUESDAY, JANUARY 7, 1783

On the report of a committee, consisting of Mr. [Thomas] Fitzsimmons, Mr. [James] Madison, and Mr. [Alexander] Hamilton, to whom was referred a report from the Secretary at War:

The Committee to whom was recommitted the letter of the 22d of December from the Secretary at War, submit the following resolution:

Resolved , The Brigadier General Clinton be promoted to the rank of Major General and Colonels John Greaton and Rufus Putnam, of the Massachusetts line, and Colonel Elias Dayton of the Jersey line, and Colonel Goose Van Schaiek of the New York line, be promoted to the rank of brigadier generals, agreeably to the resolution of the 12th day of December, 1782. 2

2 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 21, folio 313.

0047 39

A grand committee, consisting of Mr. [John] Rutledge, Mr. [John Taylor] Gilman, Mr. [Jonathan] Jackson, Mr. [David] Howell, Mr. [Eliphalet] Dyer, Mr. [James] Duane, Mr. [John] Witherspoon, Mr. [Thomas] Fitzsimmons, Mr. [Thomas] McKean, Mr. [John] Hanson, Mr. [Arthur] Lee, Mr. [Hugh] Williamson, and Mr. [Edward] Telfair, to whom were referred a letter of 21 October, 1782, from the legislature of Massachusetts, and a motion of Mr. [Samuel] Osgood, having reported thereon as follows:

“That individuals in each State, who are possessed of Continental paper money, be entitled to receive from the commissioner who is or shall be appointed to settle the accounts of the several states, and of individuals therein, against the United States, a specie certificate for all such sums of the said money as they shall respectively pay into the hands of such commissioner, at the rate of one silver dollar for every forty continental dollars; the certificates to bear interest of six per cent. from the date, and be provided for as other public debts; but that no money shall be received or certificates granted by the said commissioners after the last day of December, 1783.

That the states which have not sunk the proportions assigned to them, of the Continental money, be charged with the deficiency, or the amount of what they have not sunk, at the rate aforesaid.”

And the said report being taken into consideration, a motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Daniel] Carroll, that the farther consideration be postponed; and on the question for postponing, the yeas and nays being required by Mr. [John Taylor] Gilman, 1

1 This report and motion in the writing of Samuel Osgood, are in the Papers of the Continental Congress , No. 26, folio 459. See ante , December 24, 1782.

0048 40 New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Osgood, no no Gorham, no Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Ellsworth, no Wolcott, no no Dyer, no New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no Elmer, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, no Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. Dickinson, ay ay Wharton, ay Maryland, Mr. Carroll, ay * Virginia, Mr. Madison, no * North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, no Ramsay, ay div. Izard, ay Gervais, no

So the motion was lost.

A motion was then made by Mr. [Oliver] Wolcott, seconded by Mr. [John Lewis] Gervais, that the consideration of the report be postponed to take up the following motion:

“That it be recommended to the several states, that they immediately take the most effectual measures to redeem their respective quotas of the old bills of public credit out of the hands of their possessors, upon such principles as will, in their opinion, render the most substantial justice to their own citizens and those of the United States:” 1

1 This motion, in the writing of Oliver Wolcott, is in the Papers of the Continental Congress No. 36, II, folio 7.

And on the question, the yeas and nays being required by Mr. [Oliver] Wolcott,

0049 41 New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Osgood, no no Gorham, no Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Ellsworth, ay Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay div. Hamilton, no New Jersey, Mr. Boudinot, no Elmer, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, no Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. Dickinson, no div. Wharton, ay Maryland, Mr. Carroll, no * Virginia, Mr. Madison, no * North Carolina, Mr. Hawkins, no no Williamson, no South Carolina, Mr. Rutledge, no Ramsay, ay ay Izard, ay Gervais, ay

So the question was lost.

A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [John] Collins, that the blank in the report be filled with the word “forty:”

And on the question to agree to this, the yeas and nays being required by Mr. [Samuel] Osgood,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Osgood, ay ay Gorham, ay Rhode Island, Mr. Collins, ay ay Arnold, ay Connecticut, Mr. Ellsworth, no Wolcott, no Dyer, no New York, Mr. Floyd, no div. Hamilton, ay New Jersey, Mr. Boudinot, ay Elmer, no no Condict, no Pennsylvania, Mr. Mifflin, no Fitzsimmons, no Wilson, no no Montgomery, no Peters, no 0050 42 Delaware, Mr. Dickinson, no div. Wharton, ay Maryland, Mr. Carroll, no * Virginia, Mr. Madison, no * North Carolina, Mr. Hawkins, no no Williamson, no South Carolina, Mr. Rutledge, no Ramsay, no no Izard, no Gervais, no

So the question was lost.

A motion was made by Mr. [Samuel] Osgood, seconded by Mr. [Jonathan] Arnold, that the blank be filled with “seventy-five:”

And on the question to agree thereto, the yeas and nays being required by Mr. [John Taylor] Gilman,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Osgood, ay ay Gorham, ay Rhode Island, Mr. Collins, no div. Arnold, ay Connecticut, Mr. Ellsworth, no Wolcott, ay no Dyer, no New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no Elmer, no no Condict, no Pennsylvania, Mr. Mifflin, no Fitzsimmons, no Wilson, no no Montgomery, no Peters, no Delaware, Mr. Dickinson, no no Wharton, no no Maryland, Mr. Carroll, no * Virginia, Mr. Madison, no * North Carolina, Mr. Hawkins, no no Williamson, no South Carolina, Mr. Rutledge, no Ramsay, no no 1 Izard, no Gervais, no

1 This vote was entered in the Journal by George Bond,

So the question was lost.

0051 43
[WEDNESDAY, JANUARY 8, 1783]

Resolved , The memorialists be informed, That it is not now in the Power of Congress to make a general arrangement for liquidating and paying the half pay due to the reduced officers, and that it would be inexpedient to make at this time a partial arrangement for that purpose; that the memorialists be further informed, that the States have not yet furnished them with funds for paying the half pay due them . 1

1 This undated motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 19, VI, folio 509. It is indorsed “deranged officers.” On folio 505 is a petition of Pelatiah Webster and William Judd, dated January 7, 1783, on behalf of the deranged officers of the Connecticut line; and on folio 507 one of Pelatiah Webster, dated January 8, 1783, on behalf of the deranged officers of the Massachusetts line. According to Committee Book No. 186, both petitions were referred to a Grand Committee, January 8, and a report was delivered February 27.

A letter of January 7, from Thomas Edison, praying for relief, was read in Congress January 9, and ordered to He, according to the indorsement. It is in No. 78, VIII, folio 397.

[THURSDAY, JANUARY 9, 1783]

Ordered , That a memorial of Capt: P. Leibert with vouchers be referred to the Superintendant of Finance.

That a letter of 9 January 1783 from the Superintendant of Finance be referred to Mr. [John] Rutledge, Mr. [Samuel] Osgood and Mr. [James] Madison to confer with him thereon and report. 2

2 These orders were entered only in the journal kept by the Secretary of Congress or the Superintendent of Finance: Morris Papers, Congressional Proceedings .

FRIDAY, JANUARY 10, 1783

The committee, consisting of Mr. [John] Rutledge Mr. [Samuel] Osgood and Mr. [James] Madison, to whom was referred a letter of January 9, 1783, from the Superintendant of finance, to confer with him thereon, report,

That they have conferred with the Superintendant, who communicated to them under on injunction of secrecy the subject referred to in his letter, (under their promise of secrecy) [until Congress shall direct them to communicate the same to them; and request the sense of Congress whether the committee shall now make such communication:] Whereupon,

0052 44

Ordered , that the committee make the communication.

The committee made the communication and it was by an unanimous vote ordered to be kept secret.

The committee then informed Congress, that he has been under the necessity of drawing bills to an amount beyond the known funds procured in Europe, owing to sundry large sums which were not known to him, or not taken into his estimates, having been paid out of the sums obtained:

That the loans come in so slow that he cannot comply with his contracts and obligations nor provide for the maintenance of the army without continuing to draw.

Whereupon,

Resolved unanimously , That the superintendant of finance be and he is hereby authorised to draw bills of exchange, from time to time, according to his discretion upon the credit of the loans which the ministers of the United States have been instructed to procure in Europe, for such sums, not exceeding the amount of the money directed to be borrowed, as the publick service may require. 1

1 This report, in the writing of Charles Thomson, except the part in parenthesis which is in the writing of John Rutledge and the part in brackets which is in that of James Madison, is in the Papers of the Continental Congress , No. 31, folio 339. The letter of the Superintendent of finance is in No. 137, II, folio 107.

Resolved unanimously , That the whole of this matter be kept secret. 2

2 The proceedings for January 10 were entered only in the manuscript Secret (Domestic) Journal, and in Secret Journal No. 8. In No. 8, the entry appears after that for February 20.

[MONDAY, JANUARY 13, 1783]

The Committee to whom was referred the letter from the Quarter Master General of the 4 th of December last have conferred with him, find that there are several omissions in the plan adopted by Congress the 23 d of October last for regulating the Quarter Master's Department, and are of opinion that some of the salaries of particular Officers therein are reduced too low.

0053 45

They therefore recommend that the resolutions of the aforesaid 23 d of October be repealed, that the following plan be substituted in their place. 1

1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 22, folio 173. According to the indorsement it was read January 9, 1783, and on January 13, referred to the Secretary at War to report, and Thursday next assigned for the consideration. The plan is not filed with the report, but an undated plan, designed to supersede the regulations adopted by Congress, October 23, 1782, is in No. 192, folios 129–135. It is in Pickering's writing, and is filed with his letter of December 4, 1782, which is in No. 192, folio 125, and was referred December 6 to Mr. [Thomas] Mifflin, Mr. [Samuel] Osgood, and Mr. [Alexander] Hamilton, as indicated by the indorsement. According to the record in Committee Book No. 186, the committee was renewed on December 10, Mr. [Richard] Peters and Mr. [Daniel] Carroll being appointed in place of Mifflin and Osgood.

TUESDAY, JANUARY 14, 1783

The committee, consisting of Mr. [John Taylor] Gilman, Mr. [Alexander] Hamilton and Mr. [Oliver] Ellsworth, to whom were referred a motion of Mr Howell [Jonathan] Arnold, for transmitting to the executive of Rhode Island sundry extracts of public letters from Europe, and some subsequent motions thereon; report,

“That in their opinion it would be improper for Congress to concur in the object of that motion, as, with respect to a part of the extracts specified, relating merely to the general growing political importance of these states, the injunction of secrecy being taken off, any member who inclines to communicate them to his State my take copies of them, and more especially as Mr. Howell was furnished with complete copies of letters, from which particular detached sentences axe now requested; and with respect to such extracts as relate to the subject of foreign loans, they are already within the purview of the resolution of the 20th of December last, directing the Secretary for Foreign affairs to transmit to the executive of the State of Rhode Island an authenticated state of the applications for foreign loans, and the result; that the same observation applies to that part of the motion which relates generally to the transmission of the letters 0054 46 from our foreign ministers, on the subject of loans not under the injunction of secrecy, with this additional consideration, that such of those letters, as would in fact throw light upon the subject, comprehend many delicate transactions, which it is the duty of Congress, at the present juncture, to conceal: the committee, notwithstanding, are of opinion, that to obviate misrepresentation, it will be advisable to transmit to the executive of the State of Rhode Island, a copy of Mr. Howell's Arnold's motion, and the proceedings thereupon, with a request, that precautions may be taken to prevent their appearing in the public prints.” 1

1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 25, II, folio 179. The indorsement states “Delivered January 15, 1783. Entered. Read.” “Question taken to agree to this report was lost. 4 ayes, 5 noes, one divided. January 14, on motion of Mr. [Jonathan] Arnold, seconded by Mr. [John] Collins, who were yesterday both in the negative, this report was reconsidered, and, being amended, passed.”

On the question,

Resolved , That Congress agree to the said report.

WEDNESDAY, JANUARY 15, 1783

The honorable the minister plenipotentiary of his Most Christian Majesty having notified to Congress, that the term allowed to the capitulants of St. Christophers, Nevis and Montserat, for receiving cargoes from Great Britain, and for loading back the vessels under neutral colours, for that kingdom, is expired; and that the governor general of those islands is instructed to grant no more permits for such purposes.

Ordered , That the notification be published. 2

2 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress , No. 25, II, folio 181. The indorsement states that it was the report of Mr. [Thomas] FitzSimons, Mr. [Samuel] Osgood and Mr. [James] Madison, and was delivered January 14.

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

[Motion of Mr. David Ramsay, January 15, 1783. Withdrawn, the letter of 19 December from General Greene having been committed.]

0055 47

Resolved , That a Committee be appointed to consider some mode of expressing the high sense Congress entertain of the merit and abilities of General Greene and the army under his command in the late Southern campaign. 1

1 This motion, in the writing of David Ramsay, is in the Papers of the Continental Congress , No. 36, II, folio 13.

War Office January 14 th , 1783 .

Sir ,

On the letter from Colonel Butler addressed to Congress and referred to the Secretary at War, I beg leave to report that an alteration in the mode of enlarging British prisoners of War will interfere with the arrangements which have been entered into by the Superintendant of Finance and the Secretary at War, nor will the benefits which Colonel Butler supposes a change in the system may produce, equal the inconveniences which it must necessarily create. 2

2 This report is in the Papers of the Continental Congress , No. 149, II, [olio 221. The indorsement indicates that it was presented this day.

On this day, as the indorsement states, was read a letter of January 8, from General Washington. It is in No. 152, XI, folio 53.

THURSDAY, JANUARY 16, 1783

A letter, of the 15th, from the Wax Office, was read, accompanied with one of the same date, from Brigadier General O. H. Williams, representing that the present state of the army, and the late arrangement of brigadiers to districts render it improbable that Brigadier Williams should obtain any command, and expressing a wish, that he may be permitted to retire with the emoluments allowed to retiring officers; Whereupon,

Resolved , That Brigadier General O. H. Williams be permitted to retire from service with the emoluments allowed by the acts of Congress to supernumerary officers. 3

3 This letter of the War Office is in the Papers of the Continental Congress , No. 149, I, folio 109.

FRIDAY, JANUARY 17, 1783

On the report of a committee, consisting of Mr. [John] Rutledge, Mr. [Thomas] Mifflin and Mr. [Hugh] Williamson, to whom was referred a letter of 19 December last, from Major-General Greene, giving information of the evacuation 0056 48 of Charlestown, by the British, and of our being by that event in complete possession of all the southern states:

Resolved , That the thanks of the United States in Congress assembled, be presented to Major General Greene, for his many signal and important services; and that he be assured that Congress retain a lively sense of the frequent and uniform proofs he has given of prudence, wisdom and military skill, during his command in the southern department.

Resolved , That General Greene be desired to present the thanks of the United States in Congress assembled, to the officers and private soldiers under his command, who, in all the vicissitudes of season, under the numerous inconveniences of long and rapid marches in a country plundered and desolated by an enemy greatly superior in force, have surmounted every difficulty and danger, and manifested such bravery, perseverance and fortitude, as to do honor to themselves and to the cause they have so zealously and successfully supported. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, II, folio 501. Greene's letter is in No. 155, II, folios 599 and 603.

From this point to the end of the day the proceedings for January 17, were entered only in the manuscript Secret (Domestic) Journal, and in Secret Journal No. 8.

The committee, consisting of Mr. [Nathaniel] Gorham, Mr. [Richard] Peters and Mr. [Ralph] Izard, appointed, on a motion of Mr. [Richard] Peters, to consider and report to Congress the propriety of attempting farther loans in Europe, report,

That they have conferred with the Superintendant of Finance and fully informed themselves of the situation of the applications for foreign loans, which if complied with would be fully sufficient for the purposes to which those loans were intended to be applied; but from the small prospect there seems to be of obtaining the monies already directed to be borrowed, it appears not only hopeless but embarrassing to the business already in train to attempt farther loans until solid funds are 0057 49 put into the hands of Congress in support of the national faith and credit;

That it appears to your committee that the Superintendant of finance has taken every precaution in his power to ensure the payment of the bills he may be under the necessity of drawing under present circumstances, and that such drafts will be made with great caution as to their extent.

The committee therefore report that it is at present inexpedient to take any farther order on the said motion. 1

1 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 26, folio 397.

Resolved , That Congress agree to the said report.

[MONDAY, JANUARY 20, 1783]

The Committee [Mr. Daniel Carroll, Mr. Thomas FitzSimmons and Mr. Samuel Osgood] on the letter from the Superintendant of Finance report, in addition to the information contained in that letter,

That the Commissioner recommended to the State of Pensilvania has been approved; that one has been recommended to the State of Massachusetts; and that the Superintendant of Finance has wrote to the Executive of Maryland on the subject mentioned in his letter relative to that State.

They further report, That a person has offered to undertake the business of the Marine department for 2 thousand dollars per annum, but that in their opinion it is not expedient to raise any of the salaries of the Commissioners.

Your Committee are of opinion that considering notwithstanding the delay which was necessary and unvoidable from the references to be made to the Several Legislatures, the difficulties in procurring persons qualified to execute so important a trust and the particular situation some of the States have been under, the views of Congress by their acts of the 20 th and 27 th of Feb'y last have been answered in a considerable degree and that they will be fully complied with. 2

2 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 137, II, folio 63. Committee Book, No. 186, states that it was made this day. The Superintendent of Finance's letter is in folio 59. It is dated December 3, 1782, and the indorsement states that it was read December 4, and referred to Carroll, FitzSimons and Osgood December 31.

On this day as the indorsement indicates, was read a letter of the 18th, from the Superintendent of Finance enclosing a copy of the agreement between Franklin and Vergennes. It is in no. 137, II, folio 111.

0058 50
TUESDAY, JANUARY 21, 1783

The Superintendant of finance having laid before Congress a copy of a contract between his Most Christian Majesty and the United States of America, entered into and executed on the 16 July, 1782, by the Count de Vergennes and Dr. B. Franklin, for ascertaining the sums of money advanced on loan by his Majesty to the United States, and settling the terms of payment; and it being stipulated in the said contract, that the ratifications thereof shall be exchanged in nine months from the date, or sooner if possible:

Ordered , that the secretary prepare and lay before Congress the form of a ratification.

A letter of 8 October, 1782, from the honourable J. Adams, was read, accompanied with a certified copy of a treaty of amity and commerce, and of a convention respecting re-captured vessels, agreed to between their High Mightinesses the States General of the Netherlands, and the United States of America, on the said 8th day of October, 1782. 1

1 The proceedings for January 21 were also entered in the manuscript Secret Journal, Foreign Affairs.

Ordered , That a letter of the 5th January, from G. Weedon, and account of Mr. Mercer against the United States for the maintenance and education of H. Mercer, son of the late Brigadier General Mercer be referred to the Superintendant of Finance to take order. 2

2 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings ; and in Committee Book No. 186.

WEDNESDAY, JANUARY 22, 1783

The form of a ratification being brought in and agreed to, the contract between his Most Christian Majesty and the United States of America, entered into on the 16 July, 1782, was ratified, as follows: 3

3 The form of ratification was entered only in the manuscript Secret Journal, Foreign Affairs. It was printed as part of the Public Journal, under date of April 29, but does not appear in the manuscript.

0059 51

The United States in Congress assembled—To all who shall see these presents, send greeting.

Whereas Benjamin Franklin, our minister plenipotentiary at the Court of Versailles, in pursuance of the powers in him vested, did on the sixteenth day of July, in the year of our Lord one thousand seven hundred and eighty-two, with Charles Gravier de Vergennes, &c. counsellor of the king in all his councils, commander of his orders; minister and secretary of state, &c. vested with full powers of his Most Christian Majesty for the purpose, enter into, conclude and sign a contract between his Most Christian Majesty and the United States of North America, in the words following, to wit:

Du 16 Juillet, 1782.

Contrat entre le Rot, et les treize Etats Unis de l'Amérique Septentrionale.

Le roi ayant bien voulu avoir égard aux demandes qui lui ont été faites, au nom, et de la part des Provinces Unies de l'Amérique Septentrionale, de les assister dans l'état de guerre et d'invasion, où elles gémissent depuis plusieurs années, et sa majesté après avoir fait avec les dites provinces confédérées un traité d'amitié et de commerce en date du 6 Février, 1778; ayant eu la bonté de les soutenir non seulement par ses forces de terre et de mer, mais encore par des avances des secours pécuniaires aussi abondants qu'éfficaces dans la crise et le besoin où elles étaient réduites, il a été jugé convenable et nécessaire de constarer d'une manière positive le montant des dites avances; les conditions sous lesquelles le rot s'est porté à les faire; les époques auxquelles le Congrès des dits Etats Unis, s'est engagé de les rembourser au trésor royal de sa majesté, et d'éclairer enfin cet objet de manière à prévenir dans l'avenir toutes difficultés capables d'altérer la bonne harmonic que sa majesté est résolue de maintenir et 0060 52 conserver entre elle et les dits Etats Unis. Pour remplir un dessein aussi louable, et dans la rue d'affermir les liens de commerce et d'amitié qui subsistent entre sa majesté et les dits Etats Unis; nous, Charles Gravier de Vergennes, &c. conseiller du rot en tous ses conseils, commandeur de ses ordres, ministre et secrétaire d'état et de ses commandements et finances, muni des pleins pouvoirs de sa majesté à nous donnés é l'effet des présentes:

Et nous, Benjamin Franklin, ministre plénipotentiaire des Etats Unis de l'Amérique Septentrionale pareillement muni de pouvoirs du Congrès des dits états au même effet des présentes, après nous être duement communiqués nos pouvoirs respectifs, avons arrêté les articles qui suivent.

Article I

Il a été calculé et vérifié que les sommes avancées à titre de prêt par sa majesté au Congrès des dits Etats Unis, pendant les années 1778, 1779, 1780, 1781, et la présente, 1782, montent à la somme de dix-huit millions de livres, (argent de France,) suivant vingt et une reconnaissances ci-dessous mentionnées que le ministre soussigné du Congrès en a fourni en vertu de ses pouvoirs.

La 1ere. du 28 Février 1778 de 750,000 La 2e. du 19 Mai Id. 750,000 La 3e. 3 Aout Id. 750,000 La 4e. 1er Novembre Id. 750,000 3,000,000 La 5e. 10 Juin 1779 250,000 La 6e. 16 Septembre Id. 250,000 La 7e. 4 Octobre Id. 250,000 La 8e. 21 Décembre Id. 250,000 1,000,000 0061 53 La 9e. 29 Février 1780 750,000 La 10e. 23 Mai Id. 750,000 La 11e. 21 Juin Id. 750,000 La 12e. 5 Octobre Id. 750,000 La 13e. 27 Novembre Id. 1,000,000 4,000,00 La 14e. 15 Février 1781 750,000 La 15e. 15 Mai Id. 750,000 La 16e. 15 Aout Id. 750,000 La 17e. 1er Aout Id. 1,000,000 La 18e. 15 Novembre Id. 750,000 4,000,000 La 19e 10 Avril 1782 1,500,000 La 20e 1 Juillet Id. 1,500,000 La 21e 5 du dit mois 3,000,000 6,000,000 Somme égale à celle, ci-dessus de dix-huit millions ci 18, 000, 000

SAVOIR:

Par lesquelles reconnaissances le ministre sus dit a promis au nom du Congrès et solidairement pour les treize Etats Unis, faire payer et rembourser au trésor royal de sa majesté le premier Janvier, 1788, au domicile du S r . Grand, banquier, à Paris, la dire somme de dix-huit millions (argent de France) avec les intérêts cinq pour cent, l'an.

Article II

Considérant que le remboursement d'un capital aussi considérable en un seul terme stipulé au premier Janvier, 1788, gênerait infiniment les opérations de la finance du Congrés des dits Etats Unis, et serait même peutêtre impraticable sur ce pied, sa majesté a bien voulu par ce motif déroger, à cet égard, à la tenear des reconnaissances que le ministre du Congrès a fournies, de dix-huit 0062 54 millions de livres tournois énoncées en l'article ci-dessus, et consentir que le remboursement de ce capital soit fait en argent comptant à son trésor royal Paris, en douze armies seulement, à commencer de la troisième après l'époque de la paix.

Article III

Quoique les reconnaissances du ministre du Congrès des dits Etats Unis, portent que les dix-huit millions de livres dont il s'agit seront payés et reinboursés au trésor royal avec les intérêts à cinq pour cent l'an, sa majesté voulant donner aux Etats Unis une nouvelle preuve de son affection et de son amitié, elle a bien voulu faire don et remise de la totalité des arrérages des intérêts échus jusqu'à ce jour, et de ceux à écheoir jusqu'à l'époque du traité de paix; faveur que le ministre du Congrès reconnait émaner de la pure munificence du roi et la recevoir au nom des dits Etats Unis, avec une profonde et vive reconnaissance.

Article IV

Le remboursement des dix-huit millions de livres tournois dont il s'agit, sera fait en argent comptant au trésor royal de sa majesté à Paris en douze parties égales, et aux termes stipulés en l'article 2 ci-dessus. Les intérêts de la dire somme à cinq pour cent l'an commenceront seulement à courir de l'époque du traité de paix; seront acquittés à chaque terme de remboursement partiel du capital, et diminueront mesure et en proportion des payements; le Congrès et les dits Etats Unis restant au surplus libres de devancer le terme de leur libération par des remboursements anticipés, au cas que la situation de leurs finances leur en donnât la facilité.

0063 55

Article V

Quoique l'emprunt de cinq millions de florins de Hollande consenti par les états généraux des Provinces Unies des pays bas, aux termes de l'obligation passé le 5 Novembre, 1781, entre sa majesté et les dits états généraux a été stipulé sous le nom de sa majesté, et garanti par elle, il est néanmoins reconnu par ces présentes que le dit emprunt a été fait réellement pour le compte et le service des Etats Unis de l'Amérique Septentrionale et que le capital, montant par évaluation modéré à la somme de dix millions de livres tournois en a été payée aux dits Etats Unis suivant la reconnaissance du solde de la dite somme que le ministre soussigné du Congrè en a fourni le sept Juin dernier.

Article VI

Par la convention du dit jour 5 Novembre, 1781, le roi a bien voulu promettre et s'engager de fournir et réstituer au comptoir général des états généraux des pays bas, le capital du dig emprunt avec les intérêts quatre pour cent par an, sans aucun frais ou déductions quelconques pour les prêteurs, de manière que le dit capital soit entièrement reimboursé apré l'espace de quinze années; les remboursements devant se faire en dix termes égaux, dont le premier écherra dans la sixième année à compter de la date du dit emprunt et ainsi de suite d'année en anné jusqu'au remboursement final de la susdite somme; mais il a été pareillement reconnu par le présent acte, que cet engagement n'a été pris par le roi à la prière du ministre soussigné des Etats Unis, que sous la promesse par lui faite au nom du Congrè et solidairement pour les treize Etats Unis de faire rembourser et résituer au trésor royal de sa majesté à Paris, le capital, les intérêts et frais du 0064 56 dit emprunt suivant les conditions et aux époques fixées par la convention susdite du 5 Novembre, 1781.

Article VII

Il a été arrêté en consequence et convenu que la somme de dix millions de livres tournois formant par modération le principal de l'emprunt de cinq millions de florins de Hollande, ci-dessus mentionné, sera remboursée et réstituée en argent comptant au trésor royal de sa majesté à Paris avec les intérêts à quatre pour cent par an, en dix parties égales d'un million chacune et en dix terme dont le premier écherra le 5 Novembre de l'année, 1787; le second au 5 Novembre, 1788, et ainsi de suite d'année en annie jusqu'au remboursement final de la sus-dite somme de dix millions, les intérêts diminuant à mesure et en proportion des remboursemens partiels du capital; mais par une suite des sentimens d'affection du roi, pour les Etats Unis de l'Amérique, sa majesté a bien voulu prendre à sa charge les frais de commission et de banque du dit emprunt, dèsquels frais sa majesté a fait don et remise aux dits états, ce que leur ministre soussigné a accepté avec reconnaissance au nom du Congrès comme une nouvelle marque de la générosité et de l'amitié de sa majesté pour les dits Etats Unis.

Article VIII

A l'égard des intérêts du dit emprunt, pendant les cinq années qui précéderont celle du premier terme de remboursement du capital, comme le rot s'est engagé les payer au comptoir général des états généraux des pays bas sur le pied de quatre pour cent par an et d'année en annie é compter du cinq Novembre, 1781, suivant; la convention du même jour, le ministre du Congrès reconnait que la restitution en est due à sa 0065 57 majesté, par les Etats Unis, et s'engage au nom des dits états à les faire payer et rembourser aux mêmes époques et sur le même pied au trésor royal de sa majesté la premièere année d'arrérages d'intérêt devant être acquittée le 5 Novembre prochain et ainsi de suite pendant chacune des cinq années qui précéderont celle du premier terme de remboursement du capital fixé cidessus au 5 Novembre, 1787.

Les hautes parties contractantes se garantissent réciproquement l'observation fidèle du présent contrat, dont les ratifications seront échangées dans l'espace de neuf mois à compter de ce jour ou plus têt s'il est possible. En loi de quoi, nous, plénipotentiaires susdits de sa majesté très chrétienne et des treize Etats Unis de l'Amérique Septentrionale, en vertu de nos pouvoirs respectifs avons signé ces présentés et y avons fait apposer le cachet de nos armes.

Fait à Versailles le seizième jour du mois de Juillet, rail sept cent quatre vingt deux.

Gravier De Vergennes . [L. S.]

B. Franklin . [L S.]

TRANSLATION

A Contract between the King and the thirteen United States of North America, entered into by the Count de Vergennes and Mr. Franklin, 16th July, 1782.

The king having been pleased to attend to the request made to him in the name and on behalf of the United Provinces of North America for assistance in the war and invasion under which they had for several years groaned; and his Majesty, after entering into a treaty of amity and commerce with the said confederated provinces, on the 6th of February, 1778, having had the goodness to support them not only with his forces by land and sea, but also with advances of money as 0066 58 abundant as they were effectual in the critical situation to which their affairs were reduced: It has been judged proper and necessary to state exactly the amount of those advances, the conditions on which the King made them, the periods at which the Congress of the United States have engaged to repay them to his Majesty's royal treasury; and in fine, to state this matter in such a way as for the future to prevent all difficulties capable of interrupting the good harmony which his Majesty is resolved to maintain and preserve between him and the said United States. For executing so laudable a purpose, and with a view to strengthen the bands of amity and commerce which subsist between his Majesty and the said United States—We, Charles Gravier de Vergennes, &c. counsellor of the King in all his councils, commander of his orders, minister and secretary of state, and of his commands and finances, vested with full powers of his Majesty to us given for this purpose: and We, Benjamin Franklin, minister plenipotentiary of the United States of North America, in like manner vested with full powers of the Congress of the said states for the present purpose, after duly communicating our respective powers, have agreed to the following articles:

Article I

It is agreed and certified, that the sums advanced by his Majesty to the Congress of the United States under the title of a loan, in the years 1778, 1779, 1780, 1781, and the present 1782, amount to the sum of eighteen millions of livres, money of France, according to the following twenty-one receipts of the above-mentioned underwritten minister of Congress, given in virtue of his full powers, to wit:

0067 59 1. 28 February, 1778, 750,000 2. 19 May, do. 750,000 3. 3 August, do. 750,000 4. 1 November, do. 750,000 3,000,000 5. 10 June, 1779, 250,000 6. 16 September, do. 250,000 7. 4 October, do. 250,000 8. 21 December, do. 250,000 1,000,000 9. 29 February, 1780, 750,000 10. 23 May, do. 750,000 11. 21 June, do. 750,000 12. 5 October, do. 750,000 13. 27 November, do. 1,000,000 4,000,000 14. 15 February, 1781, 750,000 15. 15 May, do. 750,000 16. 15 August, do. 750,000 17. 1 August, do. 1,000,000 18. 15 November, do. 750,000 4,000,000 19. 10 April, 1782, 1,500,000 20. 1 July, do. 1,500,000 21. 5 Of the same month, 3,000,000 6,000,000 Amounting in the whole to eighteen millions, viz. 18,000,000

By which receipts the said minister has promised, in the name of Congress and in behalf of the thirteen United States, to cause to be paid and reimbursed to the royal treasury of his Majesty, on the first of January, 1788, at the house of the Sieur Grand, banker at Paris, the said sum of eighteen millions money of France, with interest at five per cent. per annum.

0068 60

Article II

Considering that the payment of so large a capital at the one stipulated period, the first of January, 1788, may greatly injure the finances of the Congress of the United States, and it may perhaps be even impracticable on that footing, his Majesty has been pleased for that reason to recede in that respect from the tenor of the receipts which the minister of Congress has given for the eighteen millions livres tournois mentioned in the foregoing article, and has consented that the payment of the capital in ready money at the royal treasury be in twelve equal payments of 1,500,000 livres each, and in twelve years only, to commence from the third year after a peace.

Article III

Although the receipts of the minister of the Congress of the United States specify that the eighteen millions of livres above mentioned are to be paid at the royal treasury, with interest at five per cent. per annum, his Majesty, being willing to give the said United States a new proof of his affection and friendship, has been pleased to make a present of, and to forgive the whole arrears of interest to this day, and from thence to the day of the date of the treaty of peace; a favour which the minister of the Congress of the United States acknowledges to flow from the pure bounty of the King, and which he accepts in the name of the said United States with profound and lively acknowledgments.

Article IV

The payment of the said eighteen million of livres tournois shall be in ready money at the royal treasury of his Majesty at Paris, in twelve equal parts, and at 0069 61 the terms stipulated in the above second article. The interest of the said sum, at five per cent. per annum, shall commence with the date of the treaty of peace, and shall be paid at every period of the partial payments of the capital, and shall diminish in proportion with the payments; the Congress of the said United States being left, however, at liberty to free themselves sooner from this obligation by anticipated payments, in case the state of their finances will admit.

Article V

Although the loan of five millions of florins of Holland, agreed to by the States General of the United Provinces of the Netherlands, on the terms of the obligation passed on the 5th of November, 1781, between his Majesty and the said States General, has been made in his Majesty's name, and guarantied by him, it is nevertheless acknowledged by these presents, that the said loan was made in reality on account and for the service of the United States of North America, and that the capital, amounting at a moderate valuation to the sum of ten millions livres tournois, has been paid to the said United States agreeably to a receipt for the payment of the said sum given by the undersigned minister of Congress, the seventh day of June last.

Article VI

By the convention of the said 5th of November, 1781, the King has been pleased to promise and engage to furnish and pay, at the general pay-office of the States General of the Netherlands, the capital of the said loan with the interest at 4 per cent. per annum, without any charge or deduction whatever to the lenders, so that the said capital shall be wholly repaid after the space of five years, the payments to be made in 0070 62 ten equal periods, the first of which to commence the sixth year from the date of the loan, and afterwards from year to year to the final payment of the said sum. But it is in like manner acknowledged by this act, that this engagement was entered into by the King at the request of the undersigned minister of the United States, and on the promise by him made in the name of Congress, and on behalf of the thirteen United States, to cause to be reimbursed and paid at the royal treasury of his Majesty at Paris, the capital, interest, and cost of the said loan, according to the conditions and terms fixed by the said convention of the 5th of November, 1781.

Article VII

It is accordingly agreed and settled, that the sum of ten millions livres tournois, being by a moderate computation the principal of the loan of five millions of Holland florins abovementioned, shall be reimbursed and paid in ready money at the royal treasury of his Majesty at Paris, with the interest at four per cent. per annum, in ten equal payments of one million each, and in ten terms, the first of which shall be on the 5th of November, 1787, and the second the 5th November, 1788, and so from year to year till the final payment of the said sum of ten millions, the interest lessening in proportion with the partial payments of the capital. But in consequence of the King's affection for the United States, his Majesty has been pleased to charge himself with the expense of commissions and bank for the said loan, of which expenses his Majesty has made a present to the United States; and this their undersigned minister accepts, with thanks, in the name of Congress, as a new proof of his Majesty's generosity and friendship for the said United States.

0071 63

Article VIII

With regard to the interest of the said loan during the five years preceding the first term of payment of the capital, as the King has engaged to pay it at the general pay-office of the States General of the Netherlands at the rate of four per cent. yearly and every year, counting from the 5th November, 1781, according to the convention of that day, the minister of Congress acknowledges that the repayment of that is due to his Majesty by the United States; and he engages in the name of the said United States to cause payment thereof to be made, at the same time and at the same rate, at the royal treasury of his Majesty, the first year's interest to be paid the 5th of November next, and so yearly during the five years preceding the first term for the payment of the capital, fixed as above on the 5th of November, 1787.

The high contracting parties reciprocally bind themselves to the faithful observance of this contract, the ratifications of which shall be exchanged in the space of nine months from this day, or sooner if possible.

In testimony whereof, we, the said plenipotentiaries of his Most Christian Majesty, and the thirteen United States of North America, in virtue of our respective powers, have signed these presents, and thereunto fixed the seal of our arms.

Done at Versailles, the sixteenth day of July, one thousand seven hundred and eighty-two.

(Signed,) Gravier De Vergennes. [L. S .]

B. Franklin. [L. S .]

Now Know Ye , That we the said United States in Congress assembled, impressed with a most lively sense of the generosity and affection manifested by his Most Christian Majesty in the above contract, have ratified 0072 64 and confirmed, and by these presents do ratify and confirm the said contract, and every article and clause thereof. And we do hereby empower our minister plenipotentiary at the Court of Versailles to deliver this our act of ratification in exchange for the ratification of the said contract on the part of his Most Christian Majesty.

In testimony whereof, we have caused our seal to be hereunto affixed. Witness his excellency Elias Boudinot, President, this twenty-second day of January, one thousand seven hundred and eighty-three, and of our sovereignty and independence, the seventh. 1

1 On this day, as the indorsement indicates, was read a letter of December 20, 1782, from Caspar Voght & Co., relative to trade with Hamburg. It is in the Papers of the Continental Congress , No. 78, XXIII, folio 195.

THURSDAY, JANUARY 23, 1783 2

2 The proceedings for January 23, were also entered in the manuscript Secret Journal, Foreign Affairs.

On motion of Mr. [Oliver] Ellsworth, seconded by Mr. [Alexander] Hamilton,

Resolved , That the commissioner for settling the accounts of the commissary general's department, be directed to reduce into specie value the whole of the purchases and expenditure of the late commissary general, Joseph Trumbull, the value to be ascertained at the end of every month, and to estimate the commission on the said expenditures in specie, agreeable to the rates mentioned in the act of Congress of the 31 day of March, 1779.

On the report of a committee, consisting of Mr. [James] Madison, Mr. [Alexander] Hamilton, and Mr. [Oliver] Ellsworth, to whom were referred the letter of the 8th of October, 1782, from the minister plenipotentiary at The Hague, with copies of a treaty of amity and commerce, and of a convention concerning vessels recaptured,

0073 65

Report, That on a comparison of the former with the instructions given to the said Minister Plenipo: on that subject, they find that no variations have taken place which affect the substance of the plan proposed by Congress. Those which the Committee have thought most worthy of being remarked to Congress are

1st., the clause in Art: 4 which imposes some degree of restraint on the exercise of religious worship:

2dly., the clause in Art: 5 which restrains the protection to be afforded by ships of war of one party to vessels of the other party, to cases in which they shall have a common enemy:

3dly., the tenor of Art: 6, which seems more explicitly cautiously to exclude any claims by Citizens or subjects of one of the parties, to the privilege of holding real estates within the jurisdiction of the other party:

4thly., the clause in Art: 10 which provides that no examination of papers shall be demandable in cases of vessels conveyed by Ships of war of either of the parties; but that credence shall be given to the word of the officer conducting the convoy.

5thly., the clause in Art: 12 which extends from 2 to 6 months the period after a declared war between one of the parties and another nation, within which effects of the other party on board the vessels of such nation shall be exempt from confiscation:

6thly., the clause in Art: 18th which extends from 6 to 9 months and in some contingencies still farther, the period after a rupture between the parties themselves, which shall be allowed to their Citizens and subjects respectively to retire with their effects:

Art: 22d. which confines the reservation in favor of the Treaty between his M. C. M. and the U. S. to the 9, 10, 17 and 22d. articles thereof; which reservation will be in like manner confined with respect to his C. M. in case of his accession to the said Treaty.

On the whole the Committee are of opinion that the Treaty ought to be immediately and fully accepted and ratified, and accordingly report an Act for that purpose.

With respect to the Convention entered into by the said Minister concerning vessels recaptured, the Committee are of opinion that although no express authority has been delegated by Congress on that subject, at least if the said convention is to remain in force after the termination of the present war, yet that the same is adapted to the mutual advantage of the parties, and ought also to be forth-with ratified; an Act for which purpose they accordingly add to their report.

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Resolved , That the said treaty of amity and commerce, and the said convention concerning vessels recaptured, between their High Mightinesses the States General of the Netherlands, and the United States of America, dated at The Hague, the 8th day of October, 1782, be accepted and ratified, and that the forms of the ratifications be as follows:

Form of a Ratification for the Treaty of Amity and Commerce

The United States of America in Congress assembled, to all who shall see these presents, greeting.

Whereas by our commission, dated at Philadelphia, the 29th day of December, 1780, John Adams, formerly a delegate from Massachusetts, &c. was nominated and constituted our minister, with full powers on the part of the United States of America, to concert and conclude, with persons equally empowered on the part of their High Mightinesses, the States General of the United Netherlands, a treaty of amity and commerce, having for its basis the most perfect equality, and for its object the mutual advantage of the parties, we promising, in good faith, to ratify whatever should be transacted by virtue of the said commission: and whereas our said minister, in pursuance of his full powers at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B. V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, plenipotentiaries named for that purpose on the part of their High Mightinesses, the States General of the United Netherlands, did conclude and sign on the part of their High Mightinesses, &c. and of the United States of America, a treaty of amity and commerce, in the words following, to wit:

(Here insert the treaty.)

Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the said treaty, and every article and clause thereof: and we do authorise and direct our minister plenipotentiary at the Hague, to deliver this our act of ratification, in exchange for the ratification of the said treaty by their High Mightinesses, the States General of the United Netherlands. In testimony whereof, we have caused our seal to be hereunto affixed.

Witness his Excellency Elias Boudinot, president, this 23d day of January, one thousand seven hundred and eighty-three, and of our sovereignty and independence the seventh.

0075 67

Form of a ratification for the Convention concerning re-captured vessels

The United States of America in Congress assembled, to all who shall see these presents, greeting.

Whereas John Adams, our minister plenipotentiary, at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B. V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, ministers plenipotentiaries of the Lords of the States General of the United Netherlands, did conclude and sign on the part of the said Lords, the States General of the United Netherlands, and of the United States of America, a convention concerning vessels recaptured, in the words following, to wit:

(Here insert the convention.)

Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the same, and do authorise and direct the minister plenipotentiary of the United States at the Hague, to deliver this our act of ratification, in exchange for the ratification of the said convention by the Lords, the States General of the United Netherlands.

[In testimony whereof, we have caused our seal to be hereunto affixed.

Witness his Excellency Elias Boudinot, president, this 23d day of January, one thousand seven hundred and eighty-three, and of our sovereignty and independence the seventh.

The committee having reported the draught of a proclamation to be issued by Congress, the same was agreed to as follows:

By the United States in Congress assembled:

A PROCLAMATION

Whereas in pursuance of a plenipotentiary commission, given on the twenty-ninth day of December, one thousand seven hundred and eighty, to the hon ble John Adams, esq. a treaty of amity and commerce, between their High Mightinesses, the States General of the United Netherlands, and the United States of America, was on the 8th day of October, one thousand seven hundred and eighty-two, concluded by the said John Adams, with plenipotentiaries named for 0076 68 that purpose by their said High Mightinesses the States General of the United Netherlands: and whereas the said treaty hath been this day approved and ratified by the United States in Congress assembled, as the same is contained in the words following, to wit: 1

1 The part in brackets was entered in the Journal by George Bond.

(Here insert the English American column of the treaty.) 2

2 The treaty was not spread upon the manuscript journal, but was inserted at this point in the first edition of the printed journal.

A treaty of Amity and Commerce, between their High Mightinesses, the States General of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.

Their High Mightinesses, the States General of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed, relative to the commerce and correspondence which they intend to establish between their respective states, countries and inhabitants, have judged that the said end cannot be better obtained, than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burthensome preferences which are usually the sources of debate, embarrassment and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself, and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse, reserving with all, to each party the liberty of admitting, at its pleasure, other nations to a participation of the same advantages.

On these principles their High Mightinesses, the States General of the United Netherlands, have named for their plenipotentiaries, from the midst of their assembly, Messrs. their deputies for the foreign affairs; and the said United States of America, on their part, have furnished with full powers, Mr. John Adams, late commissioner of the United States of America at the Court of Versailles, heretofore delegate in Congress, from the State of Massachusetts-Bay, and chief 0077 69 justice of the said State; who have agreed and concluded as follows, to wit:

Art . 1. There shall be a firm, inviolable and universal peace and sincere friendship between their High Mightinesses the Lords the States General of the United Netherlands and the United States of America; and between the subjects and inhabitants of the said parties, and between the countries, islands, cities and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants of every degree, without exception of persons or places.

Art . 2. The subjects of the said States General of the United Netherlands, shall pay in the ports, havens, roads, countries, islands, cities or places of the United States of America, or any of them, no ether nor greater duties or impost, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another in the said states, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports.

Art . 3. The subjects and inhabitants of the said United States of America shall pay in the ports, havens, roads, countries, islands, cities or places of the said United Netherlands, or any of them, no other nor greater duties or imposts of whatever nature and denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another in the said states, or from any one towards any one of those ports, from or to any foreign port of the world: and the United States of America, with theft subjects and inhabitants, shall leave to those of their High Mightinesses, the peaceable enjoyment of their rights in the countries, islands and seas in the East and West-Indias, without any hindrance or molestation.

Art . 4. There shall be an entire and perfect liberty of conscience allowed to the subjects and inhabitants of each party, and to their families, and no one shall be molested in regard to his worship, provided he submits as to the public demonstration of it, to the laws of the country: there shall be given moreover liberty, when any subjects or inhabitants of either party shall die in the territory 0078 70 of the other, to bury them in the usual burying places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require: and the dead bodies of those who are buried shall not in anywise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.

Art . 5. Their High Mightinesses, the States General of the United Netherlands, and the United States of America shall endeavour, by all the means in their power, to defend and protect all vessels and other effects belonging to their subjects and inhabitants respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover and cause to be restored to the true proprietors, their agents or attornies, all such vessels and effects, which shall be taken under their jurisdiction: and their vessels of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessels belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace, and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route; and they shall defend such vessels as long as they shall hold the same course, or follow the same route, against all attacks, force and violence of the common enemy, in the same manner as they ought to protect and defend the vessels, belonging to their own respective subjects.

Art . 6. The subjects of the contracting parties may, on one side and on the other, in the respective countries and states, dispose of their effects by testament, donation or otherwise, and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab in testato , whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or prerogatives of any province, city or private person; and if the heirs, to whom such successions may have fallen, shall be minors, the tutors or curators, established by the judge domiciliary of the said minors, may govern, direct, administer, sell and alienate the effects fallen to the said minors, by inheritance; and in general, in relation to the said successions and effects, use all the rights and 0079 71 fulfil all the functions, which belong by the disposition of the laws, to guardians, tutors, and curators; provided nevertheless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal instrument.

Art . 7. It shall be lawful and free for the subjects of each party, to employ such advocates, attornies, notaries, solicitors or factors, as they shall judge proper.

Art . 8. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandises, and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores or dominations whatsoever of the other confederate, for any military expedition, public or private use of any one, by arrests, violence or any colour thereof; much less shall it be permitted to the subjects of either party, to take or extort by force, any thing from the subjects of the other party, without the consent of the owner: which however is not to be understood of seizures, detentions and arrests, which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof the proceedings must be, by way of law, according to the forms of justice.

Art . 9. It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two powers respectively, to manage themselves their own business. And moreover as to the use of interpreters, or brokers, as also in relation to the loading or unloading of their vessels, and every thing which has relation thereto, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or at least upon an equality with the most favoured nation.

Art . 10. The merchant-ships of either of the parties coming from the port of an enemy, or from their own or a neutral port, may navigate freely towards any port of an enemy of the other ally: they shall be, nevertheless, held, whenever it shall be required, to exhibit, as well upon the high seas as in the ports, their sea-letters and other documents, described in the 25th article, stating expressly that their effects are not of the number of those which are prohibited as contraband: and not having any contraband goods for an enemy's port, they may freely and without hindrance pursue their voyage 0080 72 towards the port of an enemy. Nevertheless it shall not be required to examine the papers of vessels convoyed by vessels of war, but credence shall be given to the word of the officer, who shall conduct the convoy.

Art . 11. If by exhibiting the sea-letters and ether documents described more particularly in the 25th article of this treaty, the other party shall discover there are any of those sorts of goods, which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks or other vessels found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their High Mightinesses, the States General of the United Netherlands, or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the officers of the court of admiralty, and an inventory thereof made, but there shall be no allowance to sell, exchange or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the court of admiralty, by a sentence pronounced, shall have confiscated the same, saving always as well the ship itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize: but on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover any there, he ought to be condemned in all the charges, damages and interests of them which he shall have caused, both to the owner of vessels and to the owners and freighters of cargoes, with which they shall be loaded, by his temerity in taking and carrying them in, declaring most expressly, the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who shall be found in a free vessel, who may not be taken out of her, unless they are military men, actually in the service of an enemy.

Art . 12. On the contrary it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated, in the same manner as if it belonged 0081 73 to the enemy: except nevertheless such effects and merchandises as were put on board such vessel, before the declaration of war, or in the space of six months after it, which effects shall not be in any manner subject to confiscation, but shall be faithfully and without delay restored in nature to the owners, who shall claim them or cause them to be claimed, before the confiscation and sale, as also their proceeds, if the claim could not be made but in the space of eight months after the sale, which ought to be public: provided nevertheless, that if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.

Art . 13. And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer molestation from the vessels of war, or privateers of the other party, it shall be forbidden to all commanders of vessels of war, and other armed vessels of the said States General of the United Netherlands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party; and if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and moreover obliged to make satisfaction for all damages and interests thereof, by reparation, under pain and obligation of their persons and goods.

Art . 14. For further determining of what has been said, all captains of privateers, or fitters out of vessels armed for war, under commission and on account of private persons, shall be held before their departure, to give sufficient caution before competent judges, either to be entirely responsible for the malversations which they may commit in their cruises or voyages, as well as for the contraventions of their captain and officers, against the present treaty, and against the ordinances and edicts which shall be published in consequence of, and conformity to it, under pain of forfeiture and nullity of the said commission.

Art . 15. All vessels and merchandises of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas without requisite commissions, shall be brought into some port of one of the two states, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proofs shall be made, concerning the property thereof.

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Art . 16. If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominations of the other, stick upon the sands or be wrecked, or suffer any other sea damage, all friendly assistance and relief shall be given to the persons ship-wrecked, or such as shall be in danger thereof; and the vessels, effects and merchandises, or the part of them which shall have been saved, or the proceeds of them, if being perishable they shall have been sold, being claimed within a year and a day, by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country: there shall also be delivered them safe conducts or passports, for their free and safe passage from thence, and to return each one to his own country.

Art . 17. In case the subjects or people of either party, with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads or shores belonging to the other party, they shall be received with all humanity and kindness, and enjoy all friendly protection and help, and they shall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the sustenance of their persons, or reparation of their ships; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

Art . 18. For the better promoting of commerce on both sides, it is agreed, that if a war should break out between their High Mightinesses the States General of the United Netherlands and the United States of America, there shall always be granted to the subjects on each side, the term of nine months after the date of the rupture, or the proclamation of war, to the end that they may retire with their effects, and transport them where they please, which it shall be lawful for them to do, as well as to sell or transport their effects and goods in all freedom, and without any hindrance, and without being able to proceed during the said term of nine months, to any arrest of their effects, much less of their persons; on the contrary, there shall be given them, for their vessels and their effects which they would carry away, passports and safe conducts for the nearest ports of their respective countries, and for the time necessary for the 0083 75 voyage; and no prize made at sea shall be adjudged lawful, at least if the declaration of war was not or could not be known in the last port which the vessel taken has quitted; but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them in the interval of the said terms, a complete satisfaction shall be given them.

Art . 19. No subject of their High Mightinesses the States General of the United Netherlands shall apply for or take any commission or letters of marque for arming any ship or ships, to act as privateers against the said United States of America or any of them, or the subjects and inhabitants of the said United States or any of them, or against the property of the inhabitants of any of them, from any prince or state with which the said United States of America may happen to be at war; nor shall any subject or inhabitant of the United States of America, or any of them, apply for or take any commission or letters of marque for arming any ship or ships, to act as privateers against the high and mighty lords the States General of the United Netherlands, or against the subjects of their High Mightinesses or any of them, or against the property of any one of them, from any prince or state with which their High Mightinesses may be at war: and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

Art . 20. If the vessels of the subjects or inhabitants of one of the parties, come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, or take in any cargo, they shall not be obliged to pay neither for the vessels nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandises of contraband.

Art . 21. The two contracting parties grant to each other mutually, the liberty of having each in the ports of the other, consuls, vice-consuls, agents and commissaries of their own appointing, whose functions shall be regulated by particular agreement, whenever either party choose to make such appointments.

Art . 22. This treaty shall not be understood in any manner to derogate from the 9th, 10th, 19th and 24th articles of the treaty with France, as they were numbered in the same treaty, concluded the 6th of February, 1778, and which make the articles 9th, 10th, 17th and 22d, of the treaty of commerce now subsisting between the United States of America and the Crown of France: nor shall it hinder 0084 76 his Catholic Majesty from acceding to that treaty, and enjoying the advantages of the said four articles.

Art . 23. If at any time the United States of America shall judge it necessary to commence negotiations with the king or emperor of Morocco and Fez, and with the regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain passports for the security of their navigation in the Mediterranean sea; their High Mightinesses promise that upon the requisition which the United States of America shall make of it, they will second such negotiations in the most favorable manner, by means of their consuls residing near the said king, emperor and regencies.

CONTRABAND

Art . 24. The liberty of navigation and commerce shall extend to all sorts of merchandises, excepting only those which are distinguished under the name of contraband or merchandises prohibited; and under this denomination of contraband and merchandises prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery with their artifices and appurtenances, fusils, pistols, bombs, grenades, gun-powder, salt-petre, sulphur, match, bullets and balls, pikes, sabres, lances, halberts, casques, cuirasses, and other sorts of arms; as also soldiers, horses, saddles, and furniture for horses. All other effects and merchandises, not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or sea, shall not be judged contraband, neither by the letter, nor according to any pretended interpretation whatever, ought they or can they be comprehended under the notion of effects prohibited or contraband: so that all effects and merchandises which are not expressly before named, may without any exception, and in perfect liberty, be transported by the subjects and inhabitants of both allies, from and to places belonging to the enemy, excepting only the places which at the same time shall be besieged, blocked or invested, and those places only shall be held for such, which are surrounded nearly by some of the belligerent powers.

Art . 25. To the end that all dissention and quarrel may be avoided and prevented, it has been agreed, that in case that one of the two parties happens to be at war, the vessels belonging to the subjects or inhabitants of the other ally, shall be provided with sea-letters or passports, expressing the name, the property and the burthen of the 0085 77 vessel, as also the name and the place of abode of the master or commander of the said vessel, to the end that thereby it may appear that the vessel really and truly belongs to subjects or inhabitants of one of the parties; which passports shall be drawn and distributed according to the form annexed to this treaty; each time that the vessel shall return, she should have such her passport renewed, or at least they ought not to be of more ancient date than two years before the vessel has been returned to her own country.

It has been also agreed that such vessels, being loaded, ought to be provided not only with the said passports or sea-letters, but also with a general passport, or with particular passports or manifests, or other public documents which axe ordinarily given to vessels outward-bound, in the ports from whence the vessels have set sad in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and of that of her destination, or instead of all these, with certificates from the magistrates or governors of cities, places and colonies, from whence the vessel came, given in the usual form, to the end that it may be known whether there are any effects prohibited or contraband on board the vessels, and whether they are destined to be carried to an enemy's country or not. And in case any one judges proper to express, in the said documents, the persons to whom the effects on board belong, he may do it freely, without however being bound to do it; and the omission of such expression cannot and ought not to cause a confiscation.

Art . 26. If the vessels of the said subjects, or inhabitants of either of the parties, sailing along the coast or on the high seas, are met by a vessel of war or privateer, or other armed vessel of the other party, the said vessels of war, privateers or armed vessels, for avoiding all disorder, shall remain without the reach of cannon, but may send their boats on board the merchant vessel which they shall meet in this manner, upon which they may not pass more than two or three men, to whom the master or commander shall exhibit his passport, containing the property of the vessel, according to the form annexed to this treaty; and the vessel, after having exhibited such a passport, sea-letter and other documents, shall be free to continue her voyage, so that it shall not be lawful to molest her, or search her in any manner, nor to give her chase, nor to force her to alter her course.

Art . 27. It shall be lawful for merchants, captains and commanders of vessels, whether public and of war, or private and of merchants, belonging to the United States of America, or any of them, or to their subjects and inhabitants, to take freely into their 0086 78 service, and receive on board of their vessels, in any port or place in the jurisdiction of their High Mightinesses aforesaid, seamen or others, natives or inhabitants of any of the said states, upon such conditions as they shall agree on, without being subject for this to any fine, penalty, punishment, process or reprehension whatsoever: and reciprocally, all merchants, captains and commanders, belonging to the said United Netherlands, shall enjoy, in all the ports and places under the obedience of the said United States of America, the same privilege of engaging and receiving seamen or others, natives or inhabitants of any country of the domination of the said States General; provided, that neither on one side nor the other, they may not take into their service such of their countrymen who have already engaged in the service of the other party contracting, whether in war or trade, and whether they meet them by land or sea; at least, if the captains or masters, under the command of whom such persons may be found, will not, of his own consent, discharge them from their service upon pain of being otherwise treated and punished as deserters.

Art . 28. The affair of refraction shall be regulated in all equity and justice, by the magistrates of cities respectively, where it shall be judged that there is any room to complain in this respect.

Art . 29. The present treaty shall be ratified and approved by their High Mightinesses, the States General of the United Netherlands, and by the United States of America, and the acts of ratification shall be delivered in good and due form on one side and on the other, in the space of six months, or sooner if possible, to be computed from the day of the signature.

In faith of which, we the deputies and plenipotentiaries of the Lords the States General of the United Netherlands, and the minister plenipotentiary of the United States of America, in virtue of our respective authorities and full powers, have signed the present treaty, and apposed thereto the seals of our arms.

Done at the Hague, the 8th of October, 1782.

The form of the passport which shall be given to ships and vessels in consequence of the 25th article of this treaty

To all, who shall see these presents, greeting: Be it known, that, leave and permission are hereby given to master and commander of the ship or vessel called of the burden of tons, or thereabouts, lying at present in the port or haven of bound for and laden with to depart and proceed with his said ship or vessel on his said voyage; such 0087 79 ship or vessel having been visited, and the said master and commander having made oath before the proper officer, that the said ship or vessel belongs to one or more of the subjects, people or inhabitants of and to him or them only. In witness whereof, we have subscribed our names to these presents, and affixed the seal of our arms thereto, and caused the same to be countersigned by at this day of in the year of our Lord Christ .

Form of the certificate which shall be given to ships or vessels in consequence of the 25th attack of this treaty

We, magistrates or officers of the customs of the city or port of do certify and attest, that on the day of in the year of our Lord C. D. of personally appeared before us, and declared by solemn oath, that the ship or vessel called of tons or thereabouts, whereof of is at present master or commander, does rightfully and properly belong to him or them only; that she is now bound from the city or port of to the port of laden with goods and merchandises, here under particularly described and enumerated, as follows:

In witness whereof, we have signed this certificate, and sealed it with the seal of our office, this day of in the year of our Lord Christ

Form of the Sea-Letter

Most serene, serene, most puissant, puissant, high, illustrious, noble, honorable, venerable, wise and prudent lords, emperors, kings, republics, princes, dukes, earls, barons, lords, burgo-masters, chepons, councillors, 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, burgo-masters, and regents of the city of make known, that the master of appearing before us, has declared upon oath, that the vessel called of the burthen of about lasts, which he at present navigates, is of the United Provinces, and that no subjects of the enemy have any part or portion therein, directly nor indirectly; so may God Almighty help him: and as we wish to see the said master prosper in his lawful affairs, our prayer is, to all the before mentioned, and to each of them separately, where the said master shall arrive with his vessel and cargo, that they may please to receive the said 0088 80 master with goodness, and to treat him in a becoming manner, permitting him upon the usual tolls and expenses, 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 witness, and for cause whereof, we affix hereto the seal of this city

(In the margin.)

By ordinance of the high and mighty Lords the States General of the United Netherlands.

And whereas a convention, concerning vessels re-captured, was at the place and on the day above mentioned, concluded by the said minister plenipotentiary, on the part of these United States, with the said plenipotentiaries on the part of the said Lords the States General of the United Netherlands; and the same hath been this day approved and ratified by the United States in Congress assembled, as it is contained in the words following, to wit:

(Here insert the Convention in English.) 1

1 The Convention was not spread upon the manuscript journal, but was inserted at this point in the first edition of the printed journal.

Convention between the Lords the States General of the United Netherlands and the United States of America, concerning vessels re-captured.

The Lords the States General of the United Netherlands, and the United States of America, being inclined to establish some uniform principles, with relation to prizes made by vessels of war, and commissioned by the two contracting powers, upon “their common enemies, and to vessels of the subjects of either party, captured by the enemy and re-captured by vessels of war commissioned by either party; have agreed upon the following articles:

Art . 1. The vessels of either of the two nations, re-captured by the privateers of the other, shall be restored to the first proprietor, if such vessels have not been 24 hours in the power of the enemy; provided the owner of the vessel re-captured pay therefor 1—3d of the value of the vessel, as also that of the cargo, the cannons and apparel; which third shall be valued by agreement between the parties interested, 0089 81 or, if they cannot agree thereon among themselves, they shall address themselves to the officers of the admiralty of the place where the privateer who has re-taken the vessel shall have conducted her.

Art . 2. If the vessel re-captured has been more than 24 hours in the power of the enemy, she shall belong entirely to the privateer who has re-taken her.

Art . 3. In case a vessel shall have been re-captured by a vessel of war belonging to the States General of the United Netherlands, or to the United States of America, she shall be restored to the first owner, he paying a 30th part of the value of the ship, her cargo, cannons and apparel, if she has been re-captured in the interval of 24 hours, and the 10th part if she has been re-captured after the 24 hours; which sums shall be distributed in form of gratifications to the crews of the vessels which shall have re-taken her. The valuation of the said 30th parts and 10th parts, shall be regulated according to the tenor of the first article of the present convention.

Art . 4. The restitution of prizes, whether they may have been re-taken by vessels of war or by privateers, in the mean time, and until requisite and sufficient proofs can be given of the property of vessels re-captured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles.

Art . 5. The vessels of war and privateers of one and of the other of the two nations, shall be reciprocally, both in Europe and in the other parts of the world, admitted in the respective ports of each, with their prizes, which may be unloaded and sold according to the formalities used in the state where the prize shall have been conducted, as far as may be consistent with the 22d article of the treaty of commerce: provided always, that the legality of prizes, by the vessels of the low-countries, shall be decided conformably to the laws and regulations established in the United Netherlands; as likewise, that of prizes made by American vessels shall be judged according to the laws and regulations determined by the United States of America.

Art . 6. Moreover it shall be free for the States General of the United Netherlands, as well as for the United States of America, to make such regulations as they shall judge necessary, relative to the conduct which their respective vessels and privateers ought to hold in relation to the vessels which they shall have taken and conducted into the ports of the two powers.

In faith of which, we, the deputies and plenipotentiaries of the Lords the States General of the United Netherlands, and minister plenipotentiary of the United States of America, have in virtue of 0090 82 our respective authorities and full powers, signed these presents, and confirmed the same with the seal of our arms.

Done at the Hague, the 8th of October, 1782.

Now therefore, to the end that the said treaty and convention may, with all good faith, be performed and observed on the part of these United States, all the citizens and inhabitants thereof, and more especially all captains and other officers and seamen belonging to any vessels of war of these United States, or any of them, or of any private armed vessels commissioned by Congress, are hereby enjoined and required to govern themselves strictly in all things according to the stipulations above recited.

Done in Congress, this twenty-third day of January, in the year of our Lord one thousand seven hundred and eighty-three, and of our sovereignty and independence the seventh. 1

1 This report, in the writing of James Madison, is in the Papers of the Continental Congress , No. 19, I, folio 29. The Treaty and the Convention were not spread upon the manuscript Journals, but were inserted in the printed Journals, 1783 and later editions.

FRIDAY, JANUARY 24, 1783

On the report of a committee, consisting of Mr. [John] Rutledge, Mr. Osgood [Oliver] Wolcott and Mr. [James Madison, to whom was referred a memorial from John Hannum, Persifer Frazer and Joseph Gardner:

Whereas complaint hath been made to Congress by Persifer Frazer, John Hannum and Joseph Gardner, in behalf of themselves and others, that there are good grounds, not only from former transactions, but for other reasons, to believe that great abuse has been attempted of a passport granted by the Commander in Chief, for the protection of cloathing and other necessaries sent from New York in the ship Amazon , for the use of British and German prisoners of war; and that private and unwarrantable advantages are 0091 83 intended, by introducing for sale, under cover of the said passport, a considerable quantity of British goods and merchandise:

Resolved , That the assistant secretary at war be directed to cause the goods imported in the ship Amazon , and not delivered to the British or German prisoners of war in this state , to be forthwith examined and compared with the passport under which they have been imported, by proper persons; and that his Excellency the president and the supreme executive council of the State of Pensylvania, be requested to appoint nominate one of the said persons. to assist in examining and comparing the said goods.

Resolved , That the assistant secretary at war be directed to report to Congress the result of the said enquiry, together with the number of the said prisoners, and of the cloathing and other necessaries imported in the said vessel, which have been delivered for their use. 1

1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 19, III, folio 33.

The Committee [Mr. James Madison, Mr. Hugh Williamson and Mr. Thomas Mifflin] instructed on the motion of Col. [Theodorick] Bland to report a list of books proper for the use of Congress, recommend that the Superintendt. of Finance and the Sec y . of Congress be empowered to take order for procuring the books enumerated below: the same when procured to be under the care of the said Sec y .

Encyclopedie Méthodique.

Dictionaire de l'homme d'État.

Law of Nature and Nations

Cudworth's Intellectual System.

Cumberland's Law of Nature.

Wolfius's Law of Nature.

Hutchinson's Moral Philosophy.

Beller's delineation of universal Law.

Ferguson's analysis of Mor: Philosophy.

Rutherforth's institutes of Natural Law.

0092 84

Grotius's Law of Nature and Nations.

Puffendorf's Law of Nature and Nations with notes by Barbeyrac.

Puffendorf de officio hominis et civis.

Vattell's Law of Nature and Nations.

Vattell's Questions in Natural Law.

Burlamaque's Law of Nature and Nations.

Grotius's Mare Liberum.

Selden's Mare clausum.

Molloy de jure maritimo.

Beaux lex mercatoria.

Jacob's lex mercatoria.

Lee on captures.

Ordinances of Marine of France.

Admiralty Laws of G. Britain.

do. of the several others of Europe.

Wiquefort's Ambassador.

El Embaxador, par Antoine de Vera.

L'Ambasciatore Politice Christiano, par le prince Charles Marie Carafe.

De la charge et dignité de l'ambassadeur, par Jean Hotman.

Le Ministre public dans les cours etrangeres &c. par J. de la Sarras du Franquesnay.

De foro legatorum par Bynkershock traduit en Francois par Barbeyrac, sous le titre de traite du Juge competent des Ambassadeurs &c. with all his other works.

De legationibus par Alberie Gentilis.

Legatus par Charles Paschal.

Legatus par Frederick Marsalaer.

Treaties and Negociations

Corps diplomatique.

Rymer's fœdera.

A complete collection of Treaties.

Abbe Mably's public law of Europe—principles of Negociation—other political works.

De la manierre de negocier avec les souverains &c. par Callier.

Discours sur l'art de negocier par Pequet.

Histoire du traité de Westphalie par le P. Bougeant.

Burche's view of negociations between F. & Engl d .

0093 85

Negociations du P. Jeannin,

du Cardinal D'ossat.

du Mar al . d'Estrades.

de la paix de Westphalie.

du Mar al . de Noailles.

de la paix d'Utrecht.

des autres paix de ce siecle.

Lamborty's Memoirs & negociations.

Card l . Mazarine's letters.

De Witt's letters.

General History

Universal History.

Modern History.

Raleigh's History of the World.

Voltaire's Historical works.

Abbé Millot Histoire generale.

Dictionaire of Bayle.

Burnett's History of his own times.

Mosheim's Ecclesiastical History.

Warher's Eccles: History of England.

Chronology

Lenglet du frenoy tablettes chronologiques de l'Histoire universelle.

Blair's chronological tables.

Geography

Bushing's Universal Geography.

Smith's System of Geography.

Guthrie's Geographical Grammar.

La Martinier Dictionaire Geographique.

Salmon's Gazetteer.

Priestly's Historical Chart.

Biographical Chart.

Jeffery's Historical & Chronological Chart

Collection of best maps.

Particular History

GRAECIAN.

Goldsmith's History of Greece.

Stanyan's History of Greece.

Potter's Grecian Antiquities.

0094 86

ROMAN.

Coussin Histoire Romaine.

Histoire de Constantinople.

Goldsmith's Roman History.

Hooke's Roman History.

Vertot's Revolutions of Rome.

Gibbon's on the decline of the Rom: Empire.

Kennet's Roman Antiquities.

Plutarch's Lived.

ITALIAN.

Guicciardini's History.

Giannini History of Naples.

Nani History of Venice.

Padre Paolo on the Venetian Republic.

GERMAN & HOLLAND.

Histoire d'Allemagne par Barre.

PfeffeL Abregé chronolo: do l'hist: d'Allema:

Puffendorf de origine imperii german: notis Titii.

Robinson's History of Charles V:

Bentivoglio History of war in Flanders.

Le Clerk's History of the United Provinces.

Strada.

Grotius de rebus Belgicis:

Do Witt's State of Holland.

Watson's History of Philip II.

FRENCH.

Histoire de France de l'abbé Veli Villaret, Garnier et continueteurs.

D'avila History of Civil Wars of France.

Philip de Comines.

Sully's memoirs.

Prefixe Henry IV.

Cardinal de Retz Memoirs.

Voltaire's Louis XIV.

BRITISH.

Matthew Paris by Watts.

William of Malmbury.

Polydore Virgil.

Rappin's History of England.

Hume's History of England.

0095 87

Kennett's English History.

Clarendon's History.

Ludlow's Memoirs.

Littleton's History of Henry II.

Parliamentary History.

Parliamentary debates.

Annual Register.

History of the Reign of Geo: III.

Cabàla.

Rushworth's Collection.

Thurloe's State papers.

Parliamentary Register.

SCOTCH.

Robinson's History of Scotland.

IRISH.

Lelaud's History of Ireland.

SPANISH & PORTUGUESE.

Mariana's History of Spain.

Miniana.

Revolutions d'Espagne du P. D'Orleans du Vertot.

Revolutions of Portugal by Vertot.

PRUSSIAN.

Memoirs of the House of Brandenburg.

RUSSIAN.

History of Peter the Great by Voltaire.

DANISH.

Molesworth's account of Denmark.

History of Denmark by Mallet.

SWEEDISH.

Dallin's History of Sweeden.

Mallet's form of gov t . in Sweeden.

Vertot's Revolutions of Sweeden.

Sheridan's do. of do.

POLISH.

Abbe Coyer's History of J. Sobiesky.

Williams History of the Nort n . Gov ts .

0096 88

SWISS.

Stanyan's History of Switzerland.

GENEVAN.

Keate's History of Geneva.

TURKES.

Mignot's History of the Ottoman Empire. P. Recaut's do.

CHINESE.

Duhaldes History of China.

Politics .

Plato's Republic by Spend.

Aristotles d o .

More's Utopia.

Filmer on Government.

Hooker's Ecclesiastical polity.

Hobbe's works.

Harrington's works.

Sidney on Government.

Locke on Government.

Macchiavelli's works.

Father Paul on the Venetian Republic.

Montagu's rise & fall of antient republics.

Montesquieu's works.

Beccaria's works.

Ferguson's History of Civil Society.

Miller on distinction of Ranks in Society.

Steuart's principles of Political economy.

Smith on the wealth of Nations.

Baron Biefield's political Institutions.

Histoire politique du siecle par Maubert.

Richlieu's Political Testament.

de Witt's Maxims.

Petty's political Arithmetic.

Wallace on the numbers of mankind.

Davenant's Works.

Temple's works.

Hume's political essays.

Postlethwayt's works.

0097 89

Anderson's Dictionary of Commerce.

Burgh's political disquisitions.

Price's Political works.

Gee on trade.

Child on trade.

Tucker on trade.

Law on money & trade.

Arbuthnot on weights & measures.

Locke on money.

Lowndes on d o .

Necker on Finance.

Law .

Justinian's Institutes by Harris.

Codex juris civilis.

Taylor's elements of Civil Law.

Domat's Civil Law.

Coke's Institutes.

Blackstone's Commentaries.

Cunningham's Law Dictionary.

Statutes at large by Rufhead.

Lex Parliamentaria.

Cunningham's law of Exchange.

Collection of Laws to prevent frauds in the Customs.

Book of rates.

Clarke's practice of Courts of Admiralty.

Fredencian Code.

War .

Vauban's Works.

Bellidore's Works.

Fouquier's Memoirs.

Marine .

Falconer's Universal Dictionary of Marine.

Burchett's Naval History.

History of the Several Voyages round the Globe.

Murray's Ship Building and Navigation.

Collection of best Charts.

Naval architecture. By Marmaduke Stalkartt. Fol. £6.6.

Languages .

Best latin Dictionary with best grammar & dictionary of each of the modem languages.

0098 90 America .

Les nouvelles descouverts dans l'Amerique Septentrionale. Paris 1697.

Forti's account of la Sale's voiage to N. America.

Histoire de l'Amerique Septentrionale par Baquiville de la Poterie. Rouen 1722.

Discription geographique et historique des cotes de l'Amerique Septen le . par le Sieur Denys.

Oldmixon's Brit: Empire in America.

Kalm's travels through N. America.

Carver's travels through N. America.

Ogilvie's America.

Novus orbis, autore Joanne de Laet: fol: Basiliae 1555.

Novæ novi orbis historiæ, i.e. rerum ab Hispanis in India occidental gestarum calvetonis Geneva 1578.

Wafer's Voyages.

Dampier's Voyages.

Chancellor's.

Borough's.

Forbisher's.

Hudson's.

Davis's.

Baffin's.

James's.

Wood's.

Ellis's voyage to Hudson's Bay.

Voyage au pays des Hurons par Gab l . Sabard Theodat. Paris 1632.

Mœurs des Sauvages de l'Amerique par Lafitau.

Adair's History of the American Savages.

Hennepin's Voyages.

La Hontan's d o .

Jone's Journal to the Indian nations.

Voyage de la nouvelle France par le Sieur Champlain.

Histoire de la Nouvelle France par l'Escarbot. Paris.

Histoire de la N le . France avec les fastes chronologiques du nouveau monde par le pere Charlevoix.

Memoirs des rois de France & de l'Angleterre sur les possessions, &c. en Amerique 1755. 4 Vol: 4 o

Relation d'un voyage en Acadie par Dierville. Rouen 1708.

Josselyn's account of New England.

Thomas's account of Pennsylv a . & N. Jersey.

0099 91

Purchases Pilgrimage. 5 Vol: fol:

Hackluyt's Voyages.

Abbe Reynal's Hist: Pol: & Philos: of East & W. Indies.

Robinson's History of America.

Russell's Hist: of d o .

Colden's History of the 5 Nations.

Burke's account of the Europ: Settlem ts . in America.

Douglas's Summary.

Collection of Charters.

Neal's History of New England.

Prince's Chronological History of N. England.

Tracts relating to N. England by Cotton Mather.

Mather's ecclesiastical History of N. England

Hubbard's History of N. England.

Morton's New England's Memorial.

Hutchinson's History of Massachusetts bay.

Collection of papers relating to the History of d o .

Smith's History of N. York.

Smith's History of N. Jersey.

Historical review of Penns a . by Franklyn .

Franklin's other works.

Smith's History of Virg a .

Beverley's d o . of d o .

Keith's d o . of d o .

Stith's d o . of d o .

De incolis Virginiæ ab Anglico Thoma Heriot.

Discourses of Virginia.

Virginia by E. W.

Jones's present State of Virginia.

A discourse & view of Virg a . by S r . W m . Berkeley Gov r . 1663.

An account of the life & death of Nat: Bacon. 1677.

History of the present State of Virginia.

A Short collection of the most remarkable passages from the original to the dissolution of the Virg a . Company. 1651.

Lederer's discoveries in Virginia and Carolina in 1669 & 1670, by S r . W m . Talbot. 1672.

Brickell's History of North Carolina.

Lawson's d o . of d o .

Description of South Carolina with its civil Natural and commercial History. 1762.

Huet's History S. Carolina.

Collection of papers relative to Georgia.

0100 92

Laws of each of the United States.

All Treaties entered into with the natives of N. America.

All the political tracts which have been or may be published & may be judged of sufficient importance.

Brown's History of Jamaica.

History of Barbadoes.

Garcilasso de la Vega's History of Florida.

Cox's Account of Florida. Romans's History of Florida.

Memoirs sur la Louisiane par du Pratz.

Description de la Louisiane par Hennepin.

Bossu's travels through Louisiane.

Venegas's History of California.

Muratori il christianissimo felice.

Voyages et descouverts des Espagnols dans les Indes occidentales par Don Bernardo de las casas.

Herrera's History of the Spanish colonies in America.

de Solis's History of the Conquest of Mexico by F. Cortez.

Voyages de Gage. Houston's Memoirs.

Bouguer voyage au Perou.

Garcilasso de la Vega's History of the Incas of Perou.

Histoires des Guerres civiles des Espagnols dans des Indes, de Garcilasso de la Vega.

Histoire de l'Orenoque par Gumilia.

Bancroft's Natural History of Guiana. Les voyages de Cereal. 1722.

Falkner's description of Patagonia.

Nouveau voyage aux isles de l'Amerique.

Histoire de S(t). Domingue par Charlevoix.

Chanvalon's Voyage it la Martinique

Acuogna's relation of the river of Amazons.

Tecko's History of Paraguay. 1

1 This report, in the writing of James Madison, is in the Papers of the Continental Congress; Miscellany . It is indorsed by Thomson: “Report of Com ee . List of Books to be imported for the use of Congress Read Jan y . 24, 1783. Question taken to empower Superint: finance & Sec y . to import them. Passed in the negative.” According to the record in Committee Book No. 186, the motion was referred to the committee November 21, 1782.

On this day, as the indorsement states, was read a letter of the 24th from the Superintendent of Finance stating that he intends to leave the office of Finance at the end of May next. It is in No. 137, II, folio 115.

0101 93
SATURDAY, JANUARY 25, 1783

The grand committee, consisting of a member from each State, [Mr. Phillips White, Mr. Samuel Osgood, Mr. Jonathan Arnold, Mr. Oliver Wolcott, Mr. Alexander Hamilton, Mr. Silas Condict, Mr. Richard Peters, Mr. Philemon Dickinson, Mr. Daniel Carroll, Mr. James Madison, Mr. Abner Nash, Mr. John Rutledge] report,

“That they have considered the contents of a memorial presented by the army, and find that they comprehend five different articles.

1st. Present pay.

2d. A settlement of accounts of the arrearages of pay and security for what is due.

3d. A commutation of the half-pay allowed by different resolutions of Congress for an equivalent in gross.

4th. A settlement of the accounts of deficiencies of rations and compensation.

5th. A settlement of the accounts of deficiencies of clothing and compensation:” Whereupon,

Resolved , As to the first, that the Superintendant of finance be directed conformable to the measures already taken for that purpose, as soon as the state of public finances will permit, to make such payment and in such manner as he shall think proper, until the further order of Congress.

Resolved , With respect to the 2d article, so far as relates to the settlement of accounts, [that the several states be called upon to complete, without delay, the settlements with their respective lines of the army, up to the 31 December day of August, 1780, and] that the Superintendant of finance be also directed to take the most effectual, speedy and satisfactory means such measures as shall appear to him most proper for effecting the settlement from that period.

0102 94

On a question to substitute “the first day of August,” for “the thirty-first day of December,” the yeas and nays being required by Mr. [John Taylor] Gilman,

New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Osgood, no no Gorham, no Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Ellsworth, ay Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimons, ay Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. Dickinson, ay ay Wharton, ay Maryland, Mr. Caroll, ay * Virginia, Mr. Jones, ay Madison, ay ay Bland, North Carolina, Mr. Hawkins, ay Nash, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay

So it passed in the affirmative.

As to what relates to the providing of security for what shall be found due on such settlement:

Resolved , That the troops of the United States in common with all the creditors of the same, have an undoubted right to expect such security; and that it is the duty of Congress, both from motives of just and policy to Congress make every effort in their power to obtain from the respective states substantial funds, adequate to the object of funding the whole debt of the United States, and will enter upon 0103 95 an immediate and full consideration of the nature of such funds, and the most likely mode of obtaining them.

With respect to the 3 d article,

Resolved , That it be left to the option of all officers entitled to half pay either to preserve their claim to that provision as it now stands by the several resolutions upon that subject, or to accept in lieu thereof six years full pay, to be paid to them, in one year after the conclusion of the war, in money, or placed upon good funded security bearing an annual interest of six per cent, provided that the allowance to widows and orphans of such officers as have died or been killed, or may die or be killed in the service during the war, shall remain as established by the resolution of the

With respect to the 4 th and 5 th articles the Committee beg leave to delay their report, until they have obtained more precise information than they now possess upon the subject. 1

1 This report, in the writing of Alexander Hamilton, except the passage in brackets, which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 21, folio 319, and is indorsed: Report of Grand Committee, delivered January 22, 1783, read. To be considered 23. 23 debated; postponed till 24. Part agreed to, 25. The two last paragraphs referred to Mr. [Samuel] Osgood, Mr. [Thomas] Fitz Simons, Mr. [John Lewis] Gervais, Mr. [Alexander] Hamilton and Mr. [James] Wilson. According to Committee Book 186, this committee reported February 3. See post February 25, and April 29.

The memorial is in No. 42, VI, folios 59–64. According to Committee Book, No. 186, it was referred to the Grand Committee January 6, and the report was delivered January 22.

Ordered , That the remainder of the report be referred to a committee of five: the members, Mr. [Samuel] Osgood, Mr. [Thomas] Fitzsimmons, Mr. [John Lewis] Gervais, Mr. [Alexander] Hamilton, Mr. [James] Wilson. 2

2 The proceedings for this day, up to this point, were entered in the Journal by George Bond.

Ordered , That it be an order of the day for Monday next, to take into consideration the means of obtaining from the several states substantial funds, for funding the whole debt of the United States.

The committee of the week [Mr. Theodorick Bland, Mr. Benjamin Hawkins and Mr. John Montgomery] report that the memorial of Captain Buchanan be referred to the Secretary at War to enquire into the facts stated therein and to report to Congress how far a 0104 96 compliance with the prayer of the memorial will correspond with or contravene the regulations of Congress in similar cases. 1

1 This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 42.1, folio 297. Buchanan's memorial, dated December 13, 1782, is on folio 294.

MONDAY, JANUARY 27, 1783

Mr. [Arthur] Lee, a delegate for Virginia, attended, and took his seat.

The delegates of Virginia laid before Congress an act of their legislature, repealing the act entitled “an act to enable the Congress of the United States to levy a duty on certain goods and merchandises, and also on all prizes;” also sundry resolutions of the legislature.

Congress proceeded on the order of the day, but came to no resolution thereon. 2

2 This act is in the Papers of the Continental Congress , No. 75, folio 373.

On this day, as the indorsement states, was read a letter of January 20 from the General Washington. It is in No. 152, XI, folio 59.

TUESDAY, JANUARY 28, 1783

The Commander in Chief having in a letter of 20, informed Congress of the death of Major General Lord Stirling.

On motion of Mr. [Richard] Peters, seconded by Mr. [Philemon] Dickinson,

Resolved , That the President signify to the Commander in Chief, in a manner the most respectful to the memory of the late Major General the Earl of Stirling, the sense Congress entertain of the early and meritorious exertions of that general in the common cause, and of the bravery, perseverance and military talents he possessed; which having fixed their esteem for his character, while living, induce a proportionate regret for the loss of an officer who has rendered such constant and important services to his country. 3

3 This motion, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 36, 2, folio 11.

0105 97

Congress proceeded in the consideration of the subject under debate yesterday, agreeably to the order of the day, but came to no resolution thereon.

[Motion of Mr. Richard Peters]

Resolved , That the accounts of Lieut. Col. Morris all officers holding a brevet rank be adjusted according to the such rank as he holds by his brevet while he was in actual service. 1

1 This motion, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 149, II, folio 224. The indorsement states that it was referred on this day to the Secretary at War.

WEDNESDAY, JANUARY 29, 1783

Congress proceeded in the consideration of the subject under debate yesterday, agreeable to the order of the day; and,

On motion of Mr. [John] Rutledge, seconded by Mr. [Theodorick] Bland,

Resolved , That Congress be resolved into a committee of the whole, to consider of the most effectual means of restoring and supporting public credit; and that the motion before the house be referred to that committee. 2

2 This motion, in the writing of Elias Bondinot, is in the Papers of the Continental Congress , No. 36, II, folio 99.

1783. Jany 29 th ., Com ee . of the whole.

The Com ee . have taken under consideration the motion referred to them by the house, and recommend to strike out “to” after the word “funds” and in lieu thereof insert the words “on funds or duties which shall” And after the word “generally” insert “and on the whole in just proportion” to change indispensable into indispensably and immediately after to insert “necessary towards” instead of “for” so that the motion amended may read as follows:

That it is the opinion of Congress that the establishment of permanent and adequate funds, on taxes or duties which shall operate generally, and on the whole in just proportions throughout Agreed to February 12 1783 the U. S. are indispensably necessary towards doing complete justice to the public creditors, for restoring public credit and for providing for the future exigencies of the war.

0106 98

The Committee have likewise taken into consideration the report of the Grand Committee appointed to devise and report &c. and recommend to insert the words “All lands in such State granted to or surveyed for any purpose” after the words “value of,” and the following amendment to be added to the report. 1

1 This report, in the writing of Charles Thomson for the first paragraph and Daniel Carroll for the two following paragraphs, is in the Papers of the Continental Congress , No. 36, III, folio 447.

Resolved , That whenever the house is resolved into a Committee of the whole, the chairman of the committee be elected by ballot.

That whenever Congress shall resolve itself into a committee of the the committee shall vote by states and the question shall be whole, determined by the same rules of voting which would govern it in Congress. 2

2 This motion, in the writing of Samuel Osgood, is in the Papers of the Continental Congress , No. 36, II, folio 83. It is undated.

The house was then resolved into a committee of the whole, for the purpose above mentioned. Mr [Daniel] Carroll was elected to the chair.

After some time, the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee of the whole had taken into consideration the subject referred to them, and made some progress, but not having come to a conclusion, desire leave to sit again to-morrow.

Resolved , That to-morrow morning Congress be again resolved into a committee of the whole, to consider farther the most effectual means of restoring and supporting public credit.

That the Judges of the court of Appeals be directed to hold a Court at Hartford on the second Monday in May, at Philadelphia on the second Monday in September, and at Richmond on the second Monday in January. 3

3 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 29, folio 399. The indorsement states that it was on this day referred to Mr. [Hugh] Williamson, Mr. [John Taylor] Gilman and Mr. [Richard] Peters, and Committee Book No. 186 shows that a report was made March 17.

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War Office , January 29 th , 1783 .

Sir ,

On a motion by Mr Peters respecting Brevet officers, referred to the Secretary of War, I beg leave to submit the following draught of a resolve to the consideration of Congress:

Resolved , That the accounts of all officers holding a Brevet rank be adjusted according to such rank while in actual service, which shall be ascertained by a certificate from the Commander in Chief or the Commanding General of the District a separate Army in which such officers shall serve. 1 [Negatived].

1 This report is in the Papers of the Continental Congress , No. 149, II, folio 225.

THURSDAY, JANUARY 30, 1783

The committee, consisting of Mr. [Daniel] Carroll, Mr. [Nathaniel] Gorham, Mr. [Thomas] Fitzsimmons, Mr. [Alexander] Hamilton and Mr. [David] Ramsay, to whom were referred the memorials of the representatives of the Commonwealth of Pennsylvania, of the 28 of August and 12 of November last, reported an answer, which was agreed to as follows:

The memorial of the 28 of August states, that their constituents labour under grievances, because they are not enabled to settle their accounts against the United States, and because they cannot obtain payment of the debts due to them by the public, nor receive interest on loan-office certificates, dated subsequent to the month of February, 1778. It states further, that apprehensions had taken place, that the interest on certificates of a prior date, would be suspended; that other states made, and were making provision for ascertaining and paying sundry debts due to their citizens, and that the suspension of payments complained of, was a material impediment to the collection of taxes; after which follows a request that Congress will be pleased to devise and recommend such general plan as they shall think adequate and effectual, for settling and ascertaining the unliquidated debts of the United States, and for paying the same, or at least some part thereof, and also for the regular 0108 100 and punctual payment of the interest on all the public debts, as well on loan as otherwise, until the principal shall be finally discharged.

The subsequent memorial of the 12 November, after referring particularly to the former, and observing that the business was yet uneffected, declares the assembly to be deeply impressed with the absolute necessity, that speedy and effectual measures be taken to afford relief to the public creditors, at leash so far as to liquidate and ascertain their respective claims, and to secure to them the payment of the interest due thereon, until the principal be discharged; and then requests, that Congress will be pleased to give them such information as will enable the house to judge what steps it may be proper to take, in order to afford that effectual relief to the public creditors in Pensylvania, which they conceive it to be their indispensable duty to procure.

On these memorials Congress remark,

That the objects to which they relate must necessarily depend on the compliances of the several states with the requisitions of Congress:

who, not being possessed of legislative authority, are not competent to afford the desired relief.

That the interest payable by bills of exchange on loan office certificates

prior to the month of March, 1778, was expressly limited to a period which had fully elapsed when the cessation of the payment took place; that although from that circumstance alone the stoppage of such interest cannot be reprehended yet it was not prohibited. continued until an express declaration made to Congress, that those who should draw bills for that purpose must provide for the payment of them:

That Congress are not informed of any State which has taken separate measures for satisfying its own citizens who are public creditors; and that there does not appear a possibility of making such a private and partial provision because 0109 101 the various certificates are principally made payable to the bearer of them, and have been transferred and negotiated. A provision for them by any State, must therefore exclude the demands of many of its own citizens, or admit the demands of all:

That the attempts to pay any of the past debts, would Form so heavy a deduction from the greatest revenue which can be raised, as would totally obstruct all present service. Wherefore, the provision to be made at present ought to be confined to the interest of the public debts:

That such provision would afford eventual relief to the public creditors, and enable them to support their share of the public burthens, without appropriating the whole revenue which can be drawn from the people, to a payment of debts, and leaving thereby the public service unprovided for, which would involve the ruin of all ranks, whether creditors or others:

That Congress are and have long been deeply impressed with the absolute necessity that speedy and effectual measures should be taken, first, to liquidate and ascertain the public debts, and secondly, to secure the payment of the interest, until the principal could be discharged, as will appear from the following facts:

That for the first of these essential objects Congress had made provision by their acts of the 20 and 27 February last, and have reason to believe, from the information contained in a letter from the office of finance, dated 3 December following, and the report of a committee thereon (both which are annexed) that the plan adopted will speedily be in an effectual train of execution throughout the United States:

That the duty of five per cent. was recommended by Congress so early as the 3d of February, 1781; and that important steps towards accomplishment of the second object would long since have been followed by other recommendations of a similar kind, but after a delay after a delay of near two 0110 102 years, Congress have the mortification to find, that the grant of this revenue is fettered with undue restrictions that one State entirely refuses its concurrence, that another has withdrawn its assent once given, and that a third has returned no answer:

That when Congress received the determination of the State of Rhode Island on that subject, they resolved to send a solemn deputation to that State, to induce a re-consideration of the measure. At the moment when the committee were about to depart, intelligence was received that Virginia had repealed the act formerly passed on that recommendation, which has placed the business on a new ground, and compelled Congress to take it up in a more extensive view.

The inability of Congress to perform the engagements taken with the public creditors will readily appear, when it is considered how defective have been the compliances of the states, in every period of the war.

It is to their deficiencies that may principally be attributed the rapid depreciation of paper money as well as the total abolition of it, and the pernicious expedients which Congress was driven to adopt.

Among the expedients dictated by a harsh necessity must be mentioned the drawing of bills of exchange on their ministers in France, Spain and Holland, without the knowledge of any funds for their acquittal. These bills being drawn at long sight and remitted at different periods have as well as the bills formed a very heavy deduction from the supplies granted to Congress by his Most Christian Majesty.

Without recurring to details previous to the year 1782, it will be sufficient to state the situation of the finances for that year, which is as follows: Congress, by their resolution of 30th of October, 1781, demanded eight millions of dollars for the service of the ensuing year. Without noticing the lesser neglects of their requisition, the annexed account will shew, that only 420,031 29–90 have been received.

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The precise state of monies in Europe cannot be ascertained, until the final settlement of the accounts there; because the bills drawn on Spain and Holland, having been finally paid, and made payable in France, the sum in livres of those which remained due at the close of the year 1781, and which had been drawn in guilders and dollars, must depend on the different exchanges between Amsterdam, Madrid and Paris. But, according to the best accounts which can be obtained, the anticipations made in the funds for the year 1782, amounted at the close of 1781, to four millions of livres. For the service of that year, his most Christian Majesty lent the United States six millions livres. In addition thereto, Mr. Adams opened a loan in Holland, for ten millions of livres, but, by the last accounts from him, he had obtained only three millions; so that the whole sum borrowed for the year 1782, being nine millions, there remained, after deducting the anticipations, only five millions, which, according to the course of exchange which has prevailed, will amount to 833,333 30–90 dollars.

By the annexed account of the receipts and expenditures for the year 1781, it appears that there were in the treasury, at the commencement of the year 1782, 292,453 69–90 dollars, so that the whole amount of the sums which Congress have had to carry on the public business for the year 1782, is no more than 1,545,818 30–90 dollars.

From the annexed estimates it will appear, that the pay of the American army, according to the present reduced establishment, amounts to 3,038,795 32–90

That the cloathing amounts to 1,165,263

That the rations, besides those issuable to prisoners, amount to 1,509,552

5,713,610 32–90

So that the three branches of feeding, cloathing and paying the army on its present establishment, would amount to 0112 104 5,713,610 32–90 without entering into the other branches of service, or considering the necessity of tents, firing, camp utensils, horses, carriages, forage, military stores, hospital, and the like.

The incompetency of the revenue will appear from a comparison of it with the sums necessary for feeding and cloathing the army, which services alone amount to above two millions and an half of dollars. And what must place the matter in a still more striking point of view, is, that the whole sum which Congress could command was not sufficient to pay the interest then due on the public debts. Every circumstance, therefore, which has hitherto retarded the measures which Congress have adopted for making provision for the public debts, has increased the necessity of making such a provision. And therefore, notwithstanding the discouraging obstacles they have hitherto encountered, they conceive it a duty to themselves and to their constituents, to persevere in their intentions, and to renew and extend their endeavours to procure the establishment of revenues equal to the purpose of funding all the debts of the United States. And they think it proper to inform the assembly of Pensylvania, that this subject is now before them, under solemn deliberation, and that the ready and early compliance of the legislature of Pensylvania, with the recommendation of the 3d February, 1781, assures Congress of the vigorous support of that State.

Among the steps taken by Congress to secure the debts incurred for the common defence, they must not omit to mention the recommendation of the 6 September, 1780, for a cession of part of the western territory, claimed by particular states. In consequence thereof, New York has made a cession accepted by Congress, the nature and extent of which will appear by the act herewith communicated.

Virginia and Connecticut have also made cessions, the acceptance of which have been hitherto delayed by peculiar 0113 105 circumstances. Other states, claiming western territory, have not yet complied with the recommendation. Congress cannot help calling the serious attention of the legislature of Pensylvania to that subject, which they consider as of importance, not only as it may affect the public credit, but as it will contribute to give general satisfaction to the members of the union. They intend also to renew their instances with the other states on the same occasion. 1

1 This report, in the writing of Thomas FitzSimons, is in the Papers of the Continental Congress , No. 20, II, folios 141–149. A draft of the report, in the writing of a clerk is in No. 49, folios 445–452.

The following paragraphs, in No. 36, II, folio 97, the first in the writing of James Wilson, the second in that of Richard Peters, are among several motions of which Thomson's indorsement states: “Some passed, some negatived:”

“Among the disagreeable expedients, which Congress were driven to adopt, the drawing bills of exchange en their Ministers in F[rance] S[pain and] H[olland] must be mentioned. These bills being drawn at a long sight, and remitted at different periods have, as well as the bills of interest finally come upon the Am. M. in France and formed a very [serious?] deduction from the supplies granted to C[ongress] by S.M.

Congress therefore earnestly recommend to the State of Pennsilvania not to entertain an idea of diverting the funds intended for the support of the war credit of the United States to the partial purpose of satisfying the demands of their own citizens which would not only embarrass the measures of Congress, but in its consequences tend to a dissolution of the Confederacy.”

FRIDAY, JANUARY 31, 1783

A grand committee, consisting of a member from each State, to whom was referred the report of a committee on “the mode of estimating the value of lands in the United States, with the buildings and improvements thereon, for the purpose mentioned in the Articles of Confederation,” brought in a report, and the same being read:

Ordered , That it be referred to the committee of the whole.

Congress was then resolved into a committee of the whole, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee of the whole have had under their farther consideration the subjects referred to them, and have made some progress, but 0114 106 not having come to a conclusion, desire leave to sit again on Monday.

Ordered , That leave be granted.

[Mr. Theodorick Bland's Motion, January 31, 1783. Referred to Mr. Thomas FitzSimons, Mr. Oliver Ellsworth, Mr. John Lewis Gervais, Mr. Nathaniel Gorham, Mr. Alexander Hamilton.]

Move that the Superintendant of Finance in consideration of the destruction and loss of papers and vouchers for public expenditures sustained by the State of Virginia during the invasion of that State, be directed to admit in the adjustment of that State's account with the U. S. charges that shall appear reasonable from circumstantial proof, and where the defect of positive proof arises only from the loss and destruction of the papers by the enemy. 1

1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 36, II, folio 15.

Ordered , That a letter of 30th January from the Superintendent of Finance, enclosing one from T. Pickering, Quarter Master General, relative to suits brought against him, be referred to Mr. [James] Wilson, Mr. [John] Rutledge and Mr. [Alexander] Hamilton. 2

2 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings; and in Committee Book No. 186.

Ordered , That the following resolutions of the Legislature of Virginia be referred to a committee of five, viz:

A resolution of the 28th December, 1782, relative to the shipment of tobacco by the Ships New York and Fame;

One ditto of the same date relative to loss of vouchers, and a motion of Mr. [Theodorick] Bland thereon;

And another of do. ordering the payment of 50,000 pounds in part of their Quota of 8,000,000 dollars, declaring they can pay no more at present, but promising to pay 174,000 dollars more for theft Quota of 8 million, and 290,000 for current support of the War.”

The members, Mr. [Thomas] Fitzsimmons, Mr. [Oliver] Ellsworth, Mr. [John Lewis] Gervais, Mr. [Nathaniel] Gorham and Mr. [Alexander] Hamilton. 3

3 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings . The Virginia Resolutions are in the Papers of the Continental Congress , No. 75, folios 376, 380 and 382. According to the record in Committee Books No. 186 and No. 191, a report on the first two resolutions and Bland's motion was delivered February 6, and acted upon, February 10. On the third resolution, no report appears to have been rendered, and the committee was discharged May 6, 1783.

0115 107
TUESDAY, FEBRUARY 4, 1783

Mr. Samuel Holten, a delegate for the State of Massachusetts, attended and produced his credentials, by which it appears that on the 4 of October, 1782, he was appointed a delegate to represent that Commonwealth until the 5 day of November, 1783.

Commonwealth of Massachusetts

By His Excellency John Hancock Esq r . Governor and Commander [Seal] in Chief in and over the Commonwealth of Massachusetts

To all unto whom these Presents shall come...Greeting

Whereas the General Court of this Commonwealth did on the twenty fourth day of October 1782 agreeable to the Constitution of said Commonwealth appoint the Honble Samuel Holten Esq r . a Delegate to represent this Commonwealth in the General Congress of the United States of America

Now therefore Know Ye That I do by these Presents, and in pursuance of the said Appointment Commission the said Samuel Holten Esq r . to represent this Commonwealth in Congress and Vest him with all and Singular the Powers and Authorities to the said Office or Place of Delegate belonging by Virtue of the Constitution of this Commonwealth and the Appointment aforesaid And to hold said Office until the fifth day of November 1783 And the said Samuel Holten Esq r . is hereby required to observe the Instructions which from time to time shall be given to him by the General Court of this Commonwealth.

In Testimony whereof I have caused the Public Seal of this Commonwealth aforesaid to be hereto affixed

Witness John Hancock Esq r . Governor and Commander in Chief of the said Commonwealth

Dated at Boston the Twentieth day of November in the Year of Our Lord One Thousand Seven Hundred and Eighty two—And in the Seventh Year of the Independence of the United States of America

John Hancock

By His Excellency's Command John Avery Sec y

0116 108

Commonwealth of Massachusetts Council Chamber Boston Nov r . 22 d . 1782

These Certify That the Honble Samuel Holten Esq r . was Elected the 24 th . of October last, a Delegate to represent this Commonwealth in Congress by joint Ballot of the Senate & House of Representatives agreeable to the Constitution to serve for one Year to commence the first Monday of November ins t .

John Avery Sec y 1

1 The originals are in the Papers of the Continental Congress , Massachusetts, Credentials of Delegates . They were entered in No. 179, Record of Credentials , and not in the Journal.

Congress was resolved into a committee of the whole, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee had considered farther the subjects referred to them, and desire leave to sit again:

Ordered , That leave be granted.

The Committee of the Week [Mr. Arthur Lee, Mr. Samuel Wharton and Mr. John Collins] report that the petition of Thos. Wiggans praying for support from Congress, and offering his services to the United States on any expedition or at any post on the frontiers, should lie on the table. 2

2 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress , No. 32, folio 445. By the indorsement it was dated this day. The memorial of Thomas Wigtans is in No. 41, X, folio 597; and the indorsement shows that it was read on this day, and referred to Mr. [Alexander] Hamilton, Mr. [Richard] Peters and Mr. [Samuel] Osgood, who made a report on March 18.

On this or an approximate day was read a letter of January 9 from Thomas Chittenden. It was referred to Mr. [Daniel] Carroll, Mr. [Nathaniel] Gorham, Mr. [Arthur] Lee, Mr. [John Taylor] Gilman and Mr. [Oliver] Wolcott. It is in No. 40, II, folio 351–361. According to Committee Book, No. 186, the committee reported on this letter May 26 and at the same time on one of February 11 from General Washington with his correspondence with Thomas Chittenden; one of February 25 from Governor Clinton to the delegates of New York; and one of March 18 from Thomas Chittenden. The committee had been changed, April 28, by Phillips White and John Francis Mercer taking the places of Gilman and Wolcott. See post May 26.

On this or an approximate day, according to the indorsement and the entry in Committee Book No. 186, was presented a memorial of John Ross relative to the settlement of his accounts, dated Philadelphia, February 3, and referred to Mr. [Samuel] Osgood, Mr. [John Lewis] Gervais and Mr. [Daniel] Carroll, who reported May 2. Ross's letter transmitting the memorial is in No. 41, VIII, folio 322.

Also, on this day was read a letter of February 2 from the Governor of New Jersey, stating that he has detained two British subjects at Trenton. It is in No. 68, folio 603.

0117 109
WEDNESDAY, FEBRUARY 5, 1783

On motion of Mr. [Theodorick] Bland, seconded by Mr. [Ralph] Izard,

Resolved , That it be a rule of this house, that in a Committee of the Whole, the vote on every question which shall come before the Committee of the Whole, shall be taken by states. And that a majority of the states then present shall determine every such question. 1

1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 36, II, folio 17.

Congress was resolved into a committee of the whole, and after some time, the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee had taken under their farther consideration the several matters referred to them, and have come to sundry resolutions which he was ordered to report; but that the committee, not having come to a conclusion, desire leave to sit again:

Ordered , That the committee have leave to sit again.

The resolutions reported from the committee of the whole being received and read:

Ordered , That they be taken into consideration to-morrow.

The Committee [Mr. John Rutledge, Mr. James Madison, Mr. James Wilson] appointed %o meet a Committee of the assembly of Pennsylvania and hear a representation of doubts arisen on the construction of the ordinance of the 5th April, 1781, touching the persons that are to constitute the Court of Admiralty established by that ordinance, report, that they have accordingly met the committee of the assembly of Pennsylvania, and heard their representation of the doubt which has arisen in that assembly, on the Construction of the ordinance above mentioned, which doubt is, whether it is not necessary according to the said ordinance, that a Judge of the Court of Admiralty in the State, where the Court mentioned by the said ordinance is held, should not be one of the Judges of the said Court, or whether it may be holden by the judges of the Court of Common Law in such State, or any two of them without a Judge of the Court of Admiralty of such State.

0118 110

An ordinance to explain an ordinance entitled “an ordinance &c.”

Whereas in and by an ordinance entitled an ordinance &c passed the 5th Day of April, 1781, the justices of the supreme or superior courts of Judicature. and judge of he Court of Admiralty of the several and respective states, or any two or more of them are constituted and appointed judges for hearing and trying the offences in the said ordinance mentioned, be it ordered and it is hereby ordered by the U. S. in Congress assembled and by the authority of the same that the judge of the Court of Admiralty in the State where the trial of offenders mentioned in the said ordinance is to be had and in case there shall be several judges of such court one of them to be commissioned by the supreme executive power of such State. 1

1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 20, II, folio 113. According to the indorsement it was recommitted this day “to report what is proper to be done.” According to the record in Committee Books No. 186 and No. 191, Mr. [Richard] Peters was appointed on the committee in place of Wilson, and a report was delivered March 3. The resolution of the Pennsylvania General Assembly is on folio 111.

The Committee [Mr. Hugh Williamson, Mr. John Montgomery, Mr. Philemon Dickinson, Mr. Eliphalet Dyer and Mr. Silas Condiet] to whom was refer'd the letter of the Post Master respecting a guard for the mail between Morris Town and Fishkill beg leave to submit the following Report,

That when it shall appear by representations of the Commander in Chief Post master general or otherwise that the public mail is in danger from the Enemy, Congress will take the necessary measures for appointing a sufficient guard. 2

2 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 61, folio 139. The letter of Ebenezer Hazard, Post Master General, dated February 3, is in folio 135. The indorsement says it was read February 4. This report was probably presented this day. The committee appointment is entered in Committee Book No. 186, under date of February 4, but there is no record there of the report.

THURSDAY, FEBRUARY 6, 1783

Mr. John Francis Mercer, a delegate for the Commonwealth of Virginia, attended and produced his credentials, by which it appears, that on the 18 of December, 1782, he was elected in the room of Edmund Randolph, esq. resigned, to represent that State until the first Monday in November next.

0119 111

VIRGINIA

In The House of Delagates

Wednesday the 18 th . of December 1782 .

The House proceeded according to the Order of the Day by joint Ballot with the senate to the Choice of a Delegate to represent this State in Congress until the first Monday in November next in the room of Edmund Randolph Esq r . who hath resigned and the members having prepared Tickets with the Name of the Person to be appointed and deposited the same in the Ballot Boxes M r . Cabell, Mr Thompson and Mr Matthews were appointed a Committee to meet a Committee from the Senate and jointly with thereto examine the Ballot Boxes, and report to the House on whom the Majority of Votes should fall.

The Committee then withdrew and after some Time returned into the House and reported that they had according to order met a Committee from the Senate in the Conference Chamber and jointly with them examined the Ballot Boxes and found a Majority of Votes in Favor of John Francis Mercer Esquire.

Extract from the Journal.

John Beckley C. H. D s .

VIRGINIA

In the Senate

December 18 th . 1782 .

The House proceeded according to the order of the day by joint ballot with the House of Delegates to the choice of a Delegate to represent this State in Congress until the first Monday in November next in the room of Edmund Randolph esquire who hath resigned and the members having prepared Tickets with the name of the person to be appointed and deposited the same in the ballot Boxes M r . Ellzey, M r Bassett and M r . Jameson were appointed a Committee to meet a Committee from the House of Delegates and jointly with them to examine the ballot boxes and report to the House on whom the Majority of Votes should fall.

The Committee then withdrew and after sometime returned into the House and reported that they had according to order met a Committee from the House of Delegates in the Conference Chamber and jointly with them examined the ballot boxes and found a Majority of Votes in favor of John Francis Mercer esquire.

Extract from the Journal.

Will Drew , C. S . 1

1 The originals are in the Papers of the Continental Congress , Virginia, Credentials of Delegates. They were entered in No. 179, Record of Credentials, and not in the Journal.

0120 112

According to order, the report of the committee of the whole was taken into consideration, and a proposition reported from the committee, being amended to read as follows:

The Committee, appointed to devise and report the most effectual mode of estimating the value of the lands in the United States for the purpose mentioned in the Articles of Confederation, submit the following Resolve, viz:

Whereas by the Articles of Confederation and perpetual union, it is agreed and declared that the United States in Congress assembled shall have authority to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expences; that all charges of war and all other expences that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land, and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint; and that the taxes for paying that proportion, shall be laid and levied by the authority and direction of the legislature of the several states, within the time agreed on by the United Stales in Congress assembled.

In order that the treasury of the United States may be supplied in the manner above mentioned, for defraying all the charges of war and other expences which have been or shall be incurred for the common defence or general welfare, and allowed by Congress, and that each State may have due credit, according to the principle aforesaid, for the sums of money which it has furnished on the requisitions of Congress, or for the service of the United States:

0121 113

Resolved , That the legislatures of the several states be, and they are hereby required to pass laws, with such clauses and provisions as may be necessary and effectual, for forming or dividing their respective states into such districts as they may judge most convenient and proper, to procure an accurate estimate of the value of all lands in such State, granted to or surveyed for any person, and of the buildings and improvements thereon, appointing commissioners, principal freeholders, resident in the district where the land to be valued lies, to obtain such valuation; and directing that the said commissioners take an oath or affirmation, faithfully to execute the duties enjoined on them; that in each district, they return to the executive authority of the State, a list or schedule of the names of the respective owners of all the land in such district, which at the time of taking such list shall have been granted to or surveyed for any person, together with an account of the quantity of such land, and of the value in specie dollars of the same, and of the buildings and improvements thereon; and that the executive authority of the State transmit to Congress, on or before the first day of January next, returns of the quantity of land in each district, and of the value of the said land, and of the buildings and improvements thereon, [together with copies of the laws passed by the legislature for the purpose aforesaid, in order that Congress may examine such estimates, and if they shall be approved of by them, that they may proceed to make such requisitions upon the respective states, as shall be agreeable to the Articles of Confederation.] 1

1 This report, in the writing of John Rutledge, except the part in brackets, which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 24, folio 79. The following, in the writing of John Rutledge, is flied with the report, and is on folio 73: “together with copies of the Laws passed by the Legislature for the required, may determined on such mode as they shall think most proper for estimating the Value of the said Lands and of the Buildings and Improvements thereon in each State upon Principles of Justice and Equity. R . That Congress will direct a mode whereby the Value of the said Lands and of the Buildings and Improvements thereon in each State shall be Estimated upon Principles of Justice and Equity within three Months after the said 1 day of January next; that they will do so with respect to such states as shall fail to make the returns aforesaid within the time above limited, upon the best information that Congress can otherwise obtain; and that the first estimate of valuation continue for a term not exceeding 5 years from the time when it shall be made.” According to the indorsements on the report, and the record in Committee Books Nos. 186 and 191, Mr. [John] Rutledge, Mr. [Samuel] Osgood, Mr. [Abner] Nash, Mr. [James] Madison and Mr. [James] Duane were appointed, en November 20, 1782, a committee to report on a motion of Mr. [David] Howell and Mr. [Joseph] Jones for estimating the value of lands. On December 6, Mr. [Abraham] Clark was appointed on the committee, in place of Duane. Rutledge submitted his draft to Nash, in a letter dated January 4, 1783, which is in No. 24, folio 72. The committee delivered a report, January 6, 1783, and Thursday, January 9, was assigned for its consideration. It was debated January 9 and consideration postponed “till tomorrow”. On January 13 the report was referred to a grand committee, consisting of Mr. [John Taylor] Gilman, Mr. [Nathaniel] Gorham, Mr. [Jonathan] Arnold, Mr. [Eliphalet] Dyer, Mr. [Alexander] Hamilton, Mr. [Jonathan] Elmer, Mr. [James] Wilson, Mr. [Samuel] Wharton, Mr. [Daniel] Carroll, Mr. [James] Madison, Mr. [Benjamin] Hawkins and Mr. [John] Rutledge, and this committee was “to meet in the committee room Tuesday, January 14, in the afternoon at six o'clock”. On January 31, the business was referred to the committee of the whole, and the amended report delivered February 6. It was debated and revised and on February 11 referred to another committee.

The following undated motion in the writing of Alexander Hamilton, and indorsed. “Motion of Mr. Hamilton,” is in the Papers of the Continental Congress , No. 36, TV, folio 73:

Resolved , That in order to enable Congress to form an eventual plan towards carrying into execution the 8 th . article of confederation the several States be required to pass laws for forming or dividing their respective States into such districts as they judge most convenient for procuring an accurate valuation of the lands and of the buildings and improvements thereon, and to appoint Commissioners in each district to return to them the quantity of land in such District, the quantity surveyed, the quantity in actual occupation, the general quality of the land, the number and kind of buildings, the average rate at which lands under improvement and lands unimproved are usually sold in such district; and also an account of the males between 16 and 60, distinguishing the whites from the blacks, within such district, and that the executive of each State transmit such returns to Congress on or before the 1 st . of January 1784.

0122 114

A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [Thomas] Fitzsimmons, to postpone the resolution before the house, and to take into consideration the following motion:

Whereas the carrying into execution the 8th Article of the Confederation, relative to a valuation of land, for ascertaining the quotas of each State towards the general expence, in a manner consistent with justice to all the members of the 0123 115 union, and with such accuracy as the importance of the subject demands, will necessarily be stranded with very considerable expence, to which the present state of the public finances is inadequate: and whereas in a matter so fundamental in the Confederation, it is essential to the harmony and welfare of the United States, that the said article should be carried into effect with great care, circumspection and impartiality, and a short delay will be much less pernicious than a defective execution; therefore,

Resolved , That Congress are under a necessity of deferring the attempt to a period when the situation of the finances of the United States will admit of the necessary expence for effecting the object with as much precision and equity as possible; and that they will then proceed to such valuation, by commissioners appointed by them and acting under their authority, upon principles uniform throughout the United States: that when this valuation is complete, Congress will finally adjust the accounts of the United States with the States seperately, agreeable to that standard, making equitable abatements to such States as have been more immediate sufferers by the war; and in the mean time will adhere, in the temporary adjustment of those accounts, to the proportions established, from time to time, by the several requisitions of Congress; that, for the information of Congress, in forming an eventual plan, those States which have already made valuations of their lands respectively, be requested to transmit to Congress the amount of such valuations, with an explanation of the principles on which they have been made. 1

1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 81, folio 333.

A division was called for, and on the general question to postpone the consideration of the resolution before the house, the yeas and nays being required by Mr. [Alexander] Hamilton,

0124 116 New Hampshire, Mr. Gilman, ay div. White, no Massachusetts, Mr. Osgood, no Gorham, no no Holten, no Rhode Island, Mr. Collins, ay * Connecticut, Mr. Wolcott, ay div. Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, no Condict, ay ay Elmer, ay Pennsylvania, Mr. Fitzsimmons, ay Wilson, ay ay Montgomery, ay Maryland, Mr. Carroll, ay * Virginia, Mr. Jones, ay Madison, ay ay Bland, no Mercer, ay North Carolina, Mr. Hawkins, no no Williamson, South Carolina, Mr. Rutledge, no Ramsay, no no Izard, no Gervais, no

So the question was lost.

On the question to agree to the resolution, the yeas and nays being required by Mr. [John Lewis] Gervais,

New Hampshire, Mr. Gilman, no div. White, ay Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, ay Connecticut, Mr. Wolcott, ay ay Dyer, ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, ay Condict, no ay Elmer, ay Pennsylvania, Mr. Fitzsimmons, no no Wilson, no Maryland, Mr. Carroll, no * Virginia, Mr. Jones, ay Madison, no div. Bland, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay
0125 117

So the question was lost.

The Committee [Mr. Alexander Hamilton, Mr. Richard Peters and Mr. Samuel Osgood] to whom was referred the Memorial from M r De Cazeau report,

That it appears by M r Cazeau's representation that he was possessed of large property in Canada—that he took an early and decided part in favor of the American revolution—rendered services to our army in that country by supplies of provisions and otherwise which were productive of immediate loss to him, and attempted to render still greater services in which he was unsuccessful; that his conduct and principles drew upon him the resentment of the British government which operated in the sequestration of all his property, in the imprisonment of himself and son and in other outrages; that he made his escape from prison, and after encountering many dangers and hardships, has arrived among us, destitute of every thing, to throw himself upon the justice and generosity of Congress.

That it appears by other respectable testimony that M r Cazeau was a man of influence and property in Canada and has been ruined by his attachment to the American cause.

The Committee however are upon the whole of opinion, that as it is impossible now to judge of the eventual circumstances of M r Cazeau and of the precise extent of his services and sacrifices, Congress can ought not at present to take up the general consideration of his case, but that policy and justice require as fax as the situation of public affairs will permit some relief to his distresses, they therefore advise that the Superintendant of finance be directed to advance him one thousand dollars on account. 1

1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 19, I, folio 551. The indorsement shows that it was referred on this day to the Superintendent of finance to take order. According to the record in Committee Book No. 186, the committee was appointed January 9.

FRIDAY, FEBRUARY 7, 1783

On motion of Mr. [Arthur] Lee, seconded by Mr. [Richard] Peters,

Resolved , That the resolution reported by the committee of the whole, which was under debate yesterday, and on which a question was taken and lost, be re-considered and re-committed.

0126 118

Congress was then resolved into a committee of the whole, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have taken into consideration the subject referred to them, but not having come to a conclusion, desire leave to sit again:

Ordered , That leave be granted.

In committee of the whole, February 7, 1783.

Question by Mr. [James] Madison:

Shall the states be called on to make and return to Congress an estimate of the value of the lands with the buildings and improvements as aforesaid within each state respectively?

Passed in the negative.

Question by Mr. [James] Madison:

Shall any period be fixed beyond which the rule which shall be eventually established in Congress shall not be in force?

Resolved unanimously in the affirmative.

Question, by do.:

What shall such period be?

Answered unanimously: Not exceeding five years and &c. 1

1 This memorandum, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, III, folio 448. See February 8, Committee of the Whole.

Mr. [James] Madison.

Shall the States be called on to make and return to Congress an estimate of the value of the lands with the buildings and improvements as aforesaid within each respectively?

N. H. Mass. N.J. Penn. Virg. no

Con. N. Car. S. C. ay

N. Y. divided. 2

2 This question, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, III, folio 461. It is undated.

Shall the States be called upon to return the numbers of inhabitants distinguishing such as are taxable the numbers of whites and blacks. 3

3 This question, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 36, III, folio 465.

1783. Feb 7. In Com ee . of the whole.

1. Shall the valuation of the land within the U. S. as directed by the articles of Confederation be immediately attempted?

2. Shall the said valuation be referred to the several States?

Mr. Madison, Boudinot, Resolved in the affirmative. 8 ayes; 1 no, New York.

0127 119 States Represented.

N.H.

Mass.

Con.

N.Y.

N.J.

P.

Virg.

N.C.

S.C. 1

1 This motion, in the writing of James Madison, is in the Papers of the Continental Congress , No. 36, III, folio 469. The vote is entered on the motion by Charles Thomson. A copy is in Thomson's Memorandum of the proceedings of the Committee of the whole, No. 36, III, folio 448.

unrepresented.

R. I. 1.

Mary d .1.

Mr. [James] Wilson's, [Mr. William] Floyd.

Shall each State be called on to return to the United States in Congress assembled the number of acres within it, granted to or surveyed for any person, and also the number of dwelling houses buildings within it.

Feby 7. 1783.

In Comm ee . of the whole Resolved in the affirmative. 8 ayes; 1 no, North Carolina; and also of the male Inhabitants between 16 and 60 distinguishing in such return between whites and blacks.

Quest: On this addition Resolved in the affirmative. North Carolina no. Connecticut divided. 2

2 The first motion is in the writing of James Wilson, the second in that of Daniel Carroll; the votes are entered on the motions by Charles Thomson. They are in the Papers of the Continental Congress , No. 36, III, folio 467. A copy of the motion is in Thomson's Memorandum of the proceedings of the Committee of the whole, No. 36, III, folio 448.

Shall the rule to be established have a retrospective operation so far as may be necessary to liquidate and close the accts. between the U. S. and the Individual States?

Con. negative. 3

3 This undated motion, in the writing of James Madison, is in the Papers of the Continental Congress , No. 36, III, folio 475. The entry of Connecticut's negative is made on the motion by Charles Thomson. A copy of the motion is in Thomson's Memorandum of the proceedings of the committee of the whole, No. 36, III, folio 448.

SATURDAY, FEBRUARY 8, 1783

Congress was resolved into a committee of the whole, and after some time the President resumed the chair, and Mr. 0128 120 [Daniel] Carroll reported, that the committee have farther considered the subject referred to them, and made some progress, but not having come to a conclusion, desire leave to sit again:

Ordered , That leave be granted.

[In Committee of the Whole]

February 8, 1783.

The last question reconsidered and in lieu thereof was added after the word “years” in the answer to the previous question:

“And shall operate as a rule for apportioning the sums necessary to be raised within those years for contingent expences and supporting the public credit and other contingent expences and for adjusting all accounts between the U. S. and each particular state for monies by the agreeably to requisitions of Congress and for no other purposes whatsoever.” 1

1 See the last question in Thomson's memorandum of the Committee of the whole, February 7.

This motion in the writing of John Taylor Gilman, is in the Papers of the Continental Congress , No. 36, III, folio 463. The vote is given by Thomson on the motion as follows: New Hampshire, Massachusetts, Connecticut, New-Jersey, Virginia and South Carolina, ay. New York, Pennsylvania, North Carolina, no.

[New Hampshire] Mr. Gilman, ay ay White, ay [Massachusetts] Mr. Gorham ay ay Holten, ay [Rhode Island] Mr. Collins, ay div. Arnold, no [Connecticut] Mr. Wolcott, ay ay Dyer, ay [New York] Mr. Floyd, ay ay Hamilton, ay [New Jersey] Mr. Boudinot, ay Condict, ay ay Elmer, ay [Pennsylvania] Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, ay Peters, ay 0129 121 [Maryland] Mr. Carroll, ay * [Virginia] Mr. Jones, ay Madison, ay div. Lee, no Mercer, no [North Carolina] Mr. Hawkins, no div. Williamson, ay [South Carolina] Mr. Rutledge, ay Ramsay, ay ay 1 Izard, ay Gervais, no

1 This vote, in the writing of Charles Thomson, in the Papers of the Continental Congress , No. 36, III, folio 450, indorsed on his memorandum of the proceedings of the Committee of the Whole for February 7 and 8.

On this day, as the indorsement shows, was read a letter of Ebenezer Hazard dated Philadelphia, February 7, 1783, relative to a letter taken up at the post office by a person to whom it did not belong, and referred to Mr. [John] Rutledge, Mr. [James] Wilson and Mr. [Eliphalet] Dyer. It is in No. 61, folio 141. See post February 14. Committee Book No. 186 records the committee appointment, hut not the report.

MONDAY, FEBRUARY 10, 1783

The committee, consisting of Mr. [Thomas] Fitzsimmons, Mr. [Oliver] Ellsworth, Mr. [John Lewis] Gervais, Mr. [Nathaniel] Gorham and Mr. [Alexander] Hamilton, to whom were referred resolutions of the general assembly of the Commonwealth of Virginia, dated 28 December, 1782, respecting the shipment of a quantity of tobacco, under passports granted by the secretary of Congress; report,

“That having made the necessary enquiries, they find that Congress, by their act of the 11 February, 1782, empowered their secretary to grant letters of passport and safe conduct for the exportation of tobacco to New York, on the conditions and under the limitations which, to the said secretary and to the Superintendant of the finances of the United States, should appear most proper and beneficial to the said states, being consistent with the capitulation of York; and provided that permissions were not given for the exportation of tobacco beyond the produce of the sales of the goods under the said capitulation: that in pursuance of this act, the Superintendant of finance entered into an agreement with a certain George Eddy, agent for the merchants, capitulants 0130 122 aforesaid, in the first instance, for the exportation of six hundred and eighty-five hogsheads of tobacco, for the produce of sales of goods, amounting to twenty-four thousand dollars, under conditions highly advantageous to the United States: that a second agreement was made between the said Superintendant of finance and the aforesaid George Eddy, for tobacco, to the amount of twenty thousand dollars, under terms substantially the same as the former, except that the Superintendant declined taking any direction of purchase of the latter, for reasons assigned to this committee: that in consequence of these agreements, the Secretary of Congress forwarded to Mr. Daniel Clark, the agent appointed by the Superintendant, passports for the cargoes of two ships, called the Fame and New York , with directions to fill up the exact quantity of tobacco shipped in each, and to procure documents to shew that the quantity shipped did not amount to more than the sums stated to have arisen from sales of goods under the aforesaid capitulation, which amounted to forty-four thousand and thirty-seven dollars and one-third of a dollar: that it appears by the resolutions of the general assembly of Virginia, that the whole quantity of tobacco shipped under those passports, amounted to nine hundred and five hogsheads of tobacco, weighing 989,588 pounds, and that taking the aforesaid sum of 44,037 1–3 dollars, it appears there is not so much tobacco shipped as the sales would warrant, the average value for each hogshead amounting to 48 46–90 dollars.

“Upon the whole of this business, therefore, the committee are of opinion, that the conduct of the Superintendant of finance, and of the Secretary of Congress,

is fully warranted by the resolution of this house under which they acted.

Upon the second resolution which requests an instruction to the Commissioner they beg leave to recommend the measure pointed 0131 123 out by the letter of the Superintendant of Finance as the most eligible on this occasion.

was in all respects conformable to the resolution of this house, under which they acted.”

Resolved , That Congress agree to the said report.

On a report of the same committee to whom was referred a resolution of the general assembly aforesaid, respecting instructions to the commissioner appointed to settle the accounts of that State with the United States:

Upon the second resolution which respects the instruction to be given to the Commissioner they are of opinion that all proper allowance ought to be made under such circumstances as the legislature of Virginia represent, but are doubtfUl of the propriety of submitting generally matters of such extensive consequences to a Commissioner. Upon this subject they offer the following resolution:

Resolved , That the Superintendant of finance be directed to instruct the commissioner appointed to settle the accounts of the State of Virginia, with the United States, to receive such proofs as shall be exhibited to him instead of the vouchers which have been lost or destroyed, in consequence of the invasion of the said State; and that he shall transmit to the Superintendant a special report upon all such charges, which report shalt be submitted to Congress to be finally decided on. 1

1 This report and the next preceding report of the same committee, in the writing of Thomas FitzSimons, are in the Papers of the Continental Congress , No. 20, II, folio 289. According to the indorsement, they were read February 6, and entered.

Congress wins then resolved into a committee of the whole, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have further considered the subject referred to them, and have come to sundry resolutions, which he was ordered to report, but that not having come to a conclusion, they desire leave to sit again:

Ordered , That leave be granted.

0132 124
TUESDAY, FEBRUARY 11, 1783

Congress took into consideration the report from the committee of the whole, and sundry amendments and additions being made thereto,

The Committee of the whole have taken into consideration the subject referred to them and are of opinion

1. That the valuation of the lands and of the buildings and improvements thereon within the United States as directed by the eighth Article of the Confederation ought to be immediately attempted.

2. That each State should be called on to return to the United States in Congress assembled, on or before the first day of Jany. next the number of acres within it granted to or surveyed for any person, and also the number of buildings within it, distinguishing the dwelling houses from others and the number of its inhabitants distinguishing whites and blacks.

3. That it is not necessary to call upon the States to make and return to Congress an estimate of the value of the lands 3 d . Vide Mr. Rutledge's motion to be taken in here. with the buildings and improvements as aforesaid. That it will be proper for Congress now to fix on a mode by which they will adjust the quotas of the several States, on receiving the returns aforesaid.

4. That the mode now fixed on by Congress and the valuation which shall be eventually made, shall continue in force for a term not exceeding five years; and that during its continuance in force, it shall operate as a rule for apportioning the sums necessary to be raised for supporting the public credit and other contingent expences, and for adjusting all accounts between the United States and each particular State for monies paid or articles furnished by the several States and for no other purposes whatsoever. 1

1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, III, folios 451–453. It was referred, as the indorsement shows, to Mr. [John] Rutledge, Mr. [Nathaniel] Gorham, and Mr. [John Taylor] Gilman. According to Committee Book No. 191, a report was delivered February 14 and considered February 17.

Ordered , That it be referred to a committee of three: the members, Mr. [John] Rutledge, Mr. [Nathaniel] Gorham, and Mr. [John Taylor] Gilman.

0133 125

[Mr. Rutledge's motion, No. 3.]

That each State be required to return to Congress before the second day of Jany next the name of such officer as the State shall think proper to act as a Com r . for estimating the value of the Lands in the U. S. granted to or surveyed for any person and of the buildings and improvements thereon, and that Cong. will on that day nominate by ballot a Comm r . for every State which shall fail to nominate one and that the persons so to be nominated shall be app d . by Congress Comm rs . for making the said valuation, which Com rs . or any nine of them concurring shall be authorised and impowered to fix make the same [subject to the revision and approbation of Congress]. 1

1 This motion, in the writing of John Rutledge except the words in brackets which are in the writing of Elias Boudinot, is in the Papers of the Continental Congress , No. 36, III, folio 457. There are two copies of the motion in Thomson's hand, one on folio 452, the other on folio 453; and on Rutledge's draft is the following note, by Thomson: The last words “subject to the revision” are added to Mr. Rutledge's motion and afterwards “fix” changed into “make.”

[Mr. James Wilson's motion February 11, 1783, to postpone Mr. John Rutledge's motion and take up this.]

That the returns so made shall be referred to a Grand Committee consisting of a Member from each State, who shall from the documents laid before them settle the relative value and adjust the quotas of each State and make report to the United States in Congress Assembled who shall finally determine thereon.

N.H. div.

Mass. no.

R. I d . div.

Con. ay.

N.Y. ay.

N.J. ay.

Penn a . ay.

Virg a . ay.

N. Car. no.

S. Car. ay. 2

2 This motion, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 36, II, folio 19.

[Mr. Nathaniel Gorham's motion, February 11, 1783, to postpone Mr. John Rutledge's motion and take up this.]

And it is further Resolved , That it be recommended to the Legislative authority of each State to appoint one person well acquainted with the value of lands and buildings in said State to repair to Philadelphia 0134 126 by the day of in order to afford to Congress such information as may enable them to adjust the proportion of the several States upon the principles of Justice and equity.

New Hampshire no

Massachusetts ay

Rhode Island div

Connecticut ay

New York ay

New Jersey ay

Pennsylvania ay

Virginia no

North Carolina no

South Carolina ay 1

1 This motion, in the writing of Nathaniel Gorham, is in the Papers of the Continental Congress , No. 36, III, folio 459. The vote is indorsed on the motion.

Mr. [Richard] Peters,

Mr. [John] Rutledge.

Will the Committee now recommend to Congress the mode on which they will determine for adjusting the quotas of the several States on receipt of the returns to be made as aforesaid.

Resolved in the affirmative.

New Hampshire, Massachusetts, Virginia, North Carolina, South Carolina, ay:

Connecticut, New York, New Jersey, Pennsylvania, no. 2

2 This motion, in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 36, III, folio 466. The vote is entered on the motion by Charles Thomson.

On this day, as the indorsement states, was read a letter of January 30 from General Washington. It is in No. 152, XI, folio 67, and is printed in the Writings of Washington (Ford) X, 146. It was referred to Mr. [Alexander] Hamilton, Mr. [Richard] Peters, Mr. [Theodorick] Bland, Mr. [John] Rutledge and Mr. [Thomas] Mifflin, “the returns as well as the contents of the letter to be kept secret.”

WEDNESDAY, FEBRUARY 12, 1783

Congress took into consideration a proposition reported by the committee of the whole, in the words following: “That it is the opinion of Congress that the establishment of permanent and adequate funds on taxes or duties, which shall operate generally and on the whole in just proportion throughout the United States, and to be collected under the authority of the U. S. in Congress assembled are indispensably 0135 127 necessary towards doing complete justice to the public creditors, for restoring public credit, and for providing for the future exigencies of the war.” 1

1 The original resolution, in the writing of Yames Madison, is in the Papers of the Continental Congress , No. 36, II, folio 99. The following, in the writing of Alexander Hamilton, undated, is in No. 31, folio 337:

“That it is the opinion of Congress that complete justice cannot be done to the creditors of the United States, nor the restoration of public credit be effected, nor the future exigencies of the war provided for, but by the establishment of permanent and adequate hinds to operate generally throughout the United States, to be collected by Congress.”

On the question to agree to this proposition, the yeas and nays being required by Mr. [James] Wilson,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay ay Gorham, ay Rhode Island, Mr. Collins, ay div. Arnold, no Connecticut, Mr. Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Elmer, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, ay Peters, ay Maryland, Mr. Carroll, ay * Virginia, Mr. Jones, ay Madison, ay div. Lee, no Mercer, no North Carolina, Mr. Hawkins, no div. Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, no

So it was resolved in the affirmative.

Congress was then resolved into a Committee of the Whole, to consider farther the means of restoring and supporting public credit, and of obtaining from the states substantial funds for funding the whole debt of the United States, and after some time the President resumed the chair, and Mr. 0136 128 [Daniel] Carroll reported, that the committee have considered the subjects referred to them, but not having come to a conclusion, desire leave to sit again to-morrow:

Ordered , That leave be granted.

[Report of the Committee of the Whole House]

That the subject of the 5 per Cent, duty be now taken into consideration agreed.

Is it expedient that a duty on goods imported should make a part of the general funds to be established? ay Shall this be a duty of 5 per cent ad valorem? ay Resolved, That, Is it expedient to alter the recommendation of the day of relative to an impost of 5 per cent.? ay That the duty of 5 per Cent. be limited in its duration to 25 years negatived ay passed That the Collectors of the duty be appointed by the states respectively to be under the controul of and amenable to Congress—and X vid. amendmt ay passed That the appropriation of the money is sufficiently provided for by the acts of Congress of the 6th December. 1

1 This report, in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 36, II, folio 79. It is undated.

On February 13, as the indorsement indicates, was read a letter of the same date, from the Assistant Secretary at War, inclosing papers relating to the inspection of cloathing and necessaries for the British prisoners of war, and to the seizure, by citizens of Pennsylvania, of certain supplies imported in the ship Amazon and intended for the prisoners. The letter is in No. 149, II, folio 229, and was referred to Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [Arthur] Lee. See post February 20.

The inclosures, including the report of the Commissioners appointed under resolution of Congress January 24, are on folios 233, 243–289.

The following undated resolution, in the writing of Nathaniel Gorham, is on folio 241:

“ Resolved , That the laws of any individual State contravening the Confœderal corn, pact are null and void; that the seizure of goods, by citizens of Pennsylvania, protected by the Passport of the Commander in Chief, was a violation of the Articles of Union.

Resolved, therefore , That the State of Pennsylvania be requested to employ the troops military forces of the State effectual measures in restoring the goods now in possession of but condemned under the laws of the State and protected by a passport from the Commander in Chief to the British prisoners; and that the Secretary of War be directed to consult with the State, and make use of any Continental force which may be required and deemed necessary by the State for this purpose.”

0137 129
FRIDAY, FEBRUARY 14, 1783

The committee to whom was referred the report of the committee of the whole, with the amendments and additions, and which was taken brought in a report into and the same being which was taken consideration,

And on the question to agree to the first resolution, viz.

That the legislature of each State be and they are hereby required to take such measures as shall be most effectual for obtaining a just and accurate account of the quantity of Land in such State granted to or surveyed for any person, the number of buildings thereon, distinguishing dwelling houses from other buildings, and the number of its inhabitants, distinguishing white from black;

The yeas and nays being required by Mr. Bland,

Mr. Gilman, ay ay White, ay Mr. Gorham, ay ay Holten, ay Mr. Collins, ay ay Arnold, ay Mr. Wolcott, no div. Dyer, Mr. Floyd, ay div. Hamilton, no Mr. Boudinot, ay Elmer, ay ay Condict, ay Mr. Mifflin, ay Fitzsimmons, no ay Montgomery, ay Peters, ay Mr. Carroll, no * Mr. Jones, ay Madison, ay Bland, ay ay Lee, no Mercer, ay Mr. Hawkins, ay ay Williamson, ay Mr. Rutledge, ay Ramsay, ay ay 1 Izard, ay Gervais, ay

1 A copy of this vote in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 24, folio 89.

So it was resoled in the affirmative.

And the second proposition following paragraph being under debate, viz. “That the legislature of each State be, 0138 130 and they are hereby also required to cause the said account to be transmitted and delivered to Congress, on or before the first day of January next, together with the name of such person as the said legislature shall choose to be a commissioner for estimating the value of all the lands in each of the United States, granted to or surveyed for every person, and of the buildings and improvements thereon.”

A motion was made by Mr. [Arthur] Lee, seconded by Mr. [John Lewis] Gervais, to postpone the proposition under debate, in order to take up the following proposition, to wit:

“That the several States in the Union be desired to make returns to Congress, on or before the first day of January 1784, of the value of all lands within their respective jurisdictions, and of the buildings and improvements on such lands, agreeable to the 8th Article of the Confederation, the valuation to be made by commissioners appointed by the several States, and acting on oath; and if either Congress or any State in which the valuation was made, shall be dissatisfied with it, the return shall undergo a revision by a court of commissioners, chosen and constituted as nearly as the case will admit, according to the 9th Article of the Confederation, and the sentence of such commissioners shall be final.” 1

1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress , No. 24, folio 87. Another version, in his writing, is in No. 36, II, folio 77, as follows:

“That each state be directed to return to Congress within—months a valuation by Commissioners on oath of all the patented lands within its jurisdiction, and of the buildings and improvements thereon, agreeable to the 8 th . Article of the Confederation.

That where the valuation so made, shall be objected to, either on the part of the State or of Congress, in such case the State complaining on one part, and Congress on the other shall nominate each—persons, from which each party shall strike out alternately till the whole number shall be reduced to—who shall be Commissioners to revise upon oath the valuation complained of either by hearing the former Commissioners and the party complaining, or by re-valuing the lands and improvements as to the said Commissioners shall appear most proper, and the determination of such Commissioners shall be final.”

0139 131

A division of the question was called, so that the first question may be for postponing generally: on this a question of order was moved in the words following:

When a motion is made by a member to postpone a proposition before the house, in order to take up another which he reads in its place, is it in order to call for a division of such motion?” 1

1 This motion and the vote, in the writing of Charles Thomson, are in the Papers of the Continental Congress , No. 24, folio 85, under the caption “Question of order by Mr. B[land]”, the following is entered after the vote: “Is the report under debate to be considered as relating only to one subject on the whole of which a question is to be taken. Resolved in the affirmative.”

On this question, the yeas and nays being required by Mr. [John Taylor] Gilman,

New Hampshire, Mr. Gilman, ay div. White, no Massachusetts, Mr. Holten, no no Gorham, Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Wolcott, ay div. Dyer, no new York, Mr. Floyd, no div. Hamilton, ay Pennsylvania, Mr. Mifflin, no Fitzsimmons, no no Montgomery, no Maryland, Mr. Carroll, ay * ay Virginia, Mr. Jones, no Madison, ay Bland no no Lee, no Mercer, no North Carolina, Mr. Hawkins, ay div. Williamson, no South Carolina, Mr. Rutledge, no Ramsay, no no Izard, no Gervais, no

So it passed in the negative. 2

2 In the copy of the vote given in the Papers of the Continental Congress , No. 24, folio 85, James Wilson is recorded as voting, no.

On the question to agree to Mr. [Arthur] Lee's motion, the yeas and nays being required by Mr. [Arthur] Lee,

0140 132 New Hampshire, Mr. Gilman, no div. White, ay Massachusetts, Mr. Holten, no no Gorham, no Rhode Island, Mr. Collins, ay ay Arnold, ay Connecticut, Mr. Wolcott, no no Dyer, no New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, ay Elmer, no no Condict, no Pennsylvania, Mr. Mifflin, no Fitzsimmons, ay no Wilson, no Montgomery, no Maryland, Mr. Carroll, no * Virginia, Mr. Jones, no Madison, no Bland no no Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, no Ramsay, no no Izard, no Gervais, ay

So it passed in the negative. 1

1 A copy of this vote, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 24, folio 88.

The committee, consisting of Mr. [Joseph] Jones, Mr. [John] Rutledge and Mr. [James] Wilson, to whom was referred a letter of 7 from the honourable Thomas Jefferson, reported thereon: Whereupon, on motion of Mr. [Nathaniel] Gorham, seconded by Mr. [Oliver] Wolcott,

Ordered , That the Secretary for Foreign Affairs inform Mr. Jefferson, that it is the pleasure of Congress, considering the advices lately received in America, and the probable situation of affairs in Europe, that he do not proceed on his intended voyage until he shall receive their farther instructions. 2

2 This order was entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. The report, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 19, III, folio 281.

0141 133

[Report of Mr. John Rutledge, Mr. James Wilson, Mr. Eliphalet Dyer, on E. Hazard's letter of 7th February, 1783:]

That it is unnecessary for Congress to give any orders, respecting the subject matter of the said letter, as any person who conceives himself injured by the transaction therein stated may have his Remedy at Law. 1

1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 19, III, folio 81. The indorsement shows that it was delivered this day, read, and ordered “to be filed”.

On this, or an approximate date, a letter of February 13 from Lewis Garanger, Captain of bombardiers, relative to the slanders of Maurice Desdevens, was read, and according to the indorsement, referred to the ensuing committee of the week. The committee of the week, appointed February 17, was Mr. [Eliphalet] Dyer, Mr. [John Lewis] Gervais and Mr. [John] Montgomery. The letter is in No. 78, X, folio 399.

MONDAY, FEBRUARY 17, 1783

Congress resumed the consideration of the report of the committee on the report of the committee of the whole, and the proceedings of the house consequent thereto; and the same being debated by paragraphs to read as follows:

Whereas by the Articles of Confederation and perpetual union, it is agreed and declared that all charges of war and all other expences for the common defence or general welfare, allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint:

Resolved , That the legislature of each State be, and they are hereby required to take such measures as shall be most effectual for obtaining a just and accurate account of the quantity of land in such State, granted to or surveyed for any person, the number of buildings thereon, distinguishing dwelling houses from outhouses and other buildings, and the number of its inhabitants, distinguishing white from black: that the legislature of each State be, and they are hereby 0142 134 also required to cause the said account to be transmitted and delivered to Congress on or before the 1st day of January next, together with the name of such person as the said legislature shall choose to be a commissioner for estimating the value of all the lands in each of the United States, granted to or surveyed for any person, and of the buildings and improvements thereon, that Congress will, on the 2d day of January next, nominate, by ballot, a commissioner for every State which shall fail to nominate one, or whose commissioners shall not attend Congress on the said 1st day of January: that a commission shall thereupon be issued by Congress to the persons so nominated, authorising and empowering them, or any nine of them, concurring in opinion, to make a just and true estimate of the value of all the lands in each of the United States, granted to or surveyed for any person, and of the buildings and improvements thereon; and to return such estimate to Congress, to be subject to their examination and approbation: that the said estimate, when approved by Congress, shall be a rule for adjusting all accounts between the United States and the individual states: that is, that each State shall be debited for its just quota or proportion, on the principle aforesaid, of the money theretofore advanced or paid, and of the amount in value of the supplies furnished by all the states for the service of the United States, and credited for the money advanced, and the amount in value of the supplies furnished by such State for the service of the United States: that the said estimate shall operate for a term not exceeding five years, as a rule for apportioning on the several states the sums which Congress shall, from time to time, deem necessary and require to be raised for supporting the public credit and contingent expences:

in order to be applicable toward the payment of the interest of the debt incurred for the charges of war and expenses for the common defence and general welfare and allowed by the United States in Congress assembled and towards defraying all such future charges 0143 135 and expences as shall be incurred for the purpose aforesaid and so allowed,

And that the money which shall be paid, from time to time, by any State, into the continental treasury, on account of such quota or apportionment, be duly passed to the credit of such State, on the said account. 1

1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 24, folio 61. According to the indorsement, it was the report of Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [John Taylor] Gilman, and was delivered February 14.

On the question to agree to this, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay ay Gorham, ay Rhode Island, Mr. Collins, no div. Arnold, ay Connecticut, Mr. Wolcott, no div. Dyer, ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no Elmer, ay no Condict, no Pennsylvania, Mr. Fitzsimmons, ay Montgomery, ay ay Peters, ay Maryland, Mr. Carroll, no * Virginia, Mr. Jones, ay Madison, no Bland ay ay Lee, no Mercer, ay North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Izard, ay ay Gervais, ay

So the question was lost. 2

2 A copy of this vote, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 24, folio 89.

A motion was then made by Mr. [Eliphalet] Dyer, seconded by Mr. [John Francis] Mercer, in the words following:

“Whereas by the 8th Article of the Confederation and perpetual union, it is agreed and declared, that all charges of war and all other expences, for the common defence or 0144 136 general welfare, allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint.

“ Resolved , That the legislature of each State be, and they are hereby required, to take such measures as shall appear to them most effectual for obtaining a just and accurate account of the quantity of land in such State, granted to or surveyed for any person, the number of buildings thereon, distinguishing dwelling houses from other buildings, and the number of its inhabitants, distinguishing white from black. That the legislature of each State be, and they are hereby also required to cause the said account to be transmitted and delivered to Congress, on or before The day altered Feby 21 on a motion of Mr. Rutledge. the first day of January next March, 1784, and that Congress will, on the second day January next March, 1784, or at their next sitting thereafter, appoint a grand committee, consisting of a member present from each State, to take into their consideration the said returns, any nine of whom concurring Shall make a just and true estimate of the value of all lands in each of the United States, granted to or surveyed for any person, and of the buildings and improvements thereon, and shall report such estimate to Congress, to be subject only to their approbation or rejection. That the said estimate, when approved by Congress, shall be a rule for adjusting all accounts between the United States, and the individual States, that is, each State shall be debited for its just quota or proportion, on the principle aforesaid, of the money theretofore advanced or paid, and of the amount in value of the supplies furnished by all the states for the 0145 137 service of the United States, and credited for the money advanced and the amount in value of the supplies furnished by such State, for the service of the United States.

“That the said estimate shall operate for a term not exceeding five years, as a rule for apportioning on the several states the sums which Congress shall, from time to time, deem necessary, and require to be raised for supporting the public credit and contingent expences, and that the money which shall be paid, from time to time, by any State, into the continental treasury, on account of such quota or apportionment, shall be duly passed to the credit of such State on the said account.” 1

1 A printed copy of this resolution, together with that of April 18, is in the Papers of the Continental Congress , No. 56, folio 447.

On the question to agree to the said motion, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay ay Gorham, ay, Rhode Island, Mr. Collins, ay ay Arnold, ay Connecticut, Mr. Wolcott, ay ay Dyer, ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, ay Elmer, ay ay Condict, no Pennsylvania, Fitzsimmons, ay Montgomery, ay ay Peters, ay Maryland, Mr. Carroll, no * Virginia, Mr. Jones, ay Madison, no Bland ay ay Lee, no Mercer, ay North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Izard, ay ay Gervais, ay

So it was resolved in the affirmative. 2

2 A copy of this vote, in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 24, folio 89.

0146 138

[Motion of Mr. Alexander Hamilton February 17, 1783, referred to Mr. Arthur Lee, Mr. Eliphalet Dyer, and Mr. Samuel Holten.]

Whereas it is in the opinion of Congress essential to those principles of justice and liberality which ought to govern the intercourse between these States, that equitable abatements shall be made in favor of such States, parts of which have been for different periods in the course of the war in possession of the enemy, on the application of the rule prescribed by the Confederation and on which the foregoing resolutions have been founded, and whereas Congress impressed with this conviction did on the 20th day of February last recommend to the respective States to authorise and empower Congress in the final settlement of the proportions to be borne by each State of the general expences of the war from the commencement thereof until the first day of January 1782, except the monies loaned to the United States for the security and discharge of the principal and interest of which Congress rely on a compliance with their requisition of the 3rd day of February, 1781 to assume and adopt such principles as from the particular circumstances of the several States at different periods may appear just and equitable, without being wholly confined to the rule laid in the 8th Article of the Confederation in cases where the same cannot be applied without manifest injustice, and whereas some of the States have not yet complied with the said recommendation, Therefore,

Resolved , That the several States be earnestly requested without delay to pass laws conformable to the spirit of the aforesaid recommendation extending the period to the conclusion of the present war. 1

1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 149, III, folio 17. According to the indorsement it was offered this day and referred as above stated. The record in Committee Books No. 186 and No. 191 shows that a report was delivered February 26, and acted on March 3. See post March 4.

On this day, according to the indorsement, a letter of February 11, from General Washington, enclosing a copy of his letter to Thomas Chittenden, was read and referred to Mr. [Daniel] Carroll, Mr. [Nathaniel] Gorham, Mr. [Arthur] Lee, Mr. [John Taylor] Gilman and Mr. [Oliver] Wolcott. It is in No. 40, II, folio 365. A copy of this letter, indorsed as read March 3, is in No. 169, 9, folio 110, followed by copies of Washington's correspondence with Chittenden. According to Committee Book No. 186, the committee was renewed on April 28, Mr. [Phillips] White and Mr. [John Francis] Mercer taking the places of Gilman and Wolcott, and a report on this letter and others relating to “the general affairs of Vermont” was delivered May 26.

0147 139
TUESDAY, FEBRUARY 18, 1783

Congress was resolved into a committee of the whole to consider farther the means of restoring and supporting public credit, and of obtaining from the states substantial funds for funding the whole debt of the United States, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have taken into their farther consideration the subject referred to them, and have come to sundry resolutions which he was directed to report, but that not having come to a conclusion, desire leave to sit again:

Ordered , That leave be granted.

On motion of Mr. [Theodorick] Bland, seconded by Mr. [Alexander] Hamilton:

Ordered , That the Superintendant of finance lay before Congress an estimate of the principal of the public debt to the first day of January, 1783, specifying the foreign debt, the pay due to the army, the debt due on loan office certificates, the debt due on liquidated accounts, for which certificates are issued, and also the supposed amount of the unliquidated debt. 1

1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 36, II, folio 29. It was also entered in No. 12 (Estimates) with a copy of the estimates laid before Congress. See post March 10.

On motion of the delegates from Connecticut, in pursuance of an instruction from the legislature of their State:

Ordered , That the Superintendant of the Finances, the Agent of Marine, the Secretary at War, and the Secretary for Foreign Affairs, as it shall relate to their respective offices, lay before Congress an account of the names and titles of all officers and others employed in the civil list department, and in the civil and military staff; and also, of all ministers however denominated, which are employed abroad, under the 0148 140 authority of the United States, specifying in what state or kingdom such officers reside, and also what pay or salary is annexed to each of their respective offices, and likewise an account of all grants of half-pay if any have been made and of any gratuity or sum of money or allowance for expences, or for any other matter, to any officers or others, for past services, which are not included in their pay establishment.

so that the said delegates may be furnished with copies thereof to transmit to the legislature of the said State. 1

1 This motion, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress , No. 36, II, folio 31. It was also entered in No. 12 (Estimates) with a copy of the accounts laid before Congress. See post March 10 and March 24.

The committee consisting of [Mr. Richard Peters, Mr. Arthur Lee, Mr. Alexander Hamilton] on the letter of the Superintendant of Finance of the 17th instant respecting the exchange of sundry officers of the amy of the United States, prisoners of war, report,

That the Secretary at War and the Commander in Chief be authorized to make such exchanges of officers, prisoners of war, as to them shall seem expedient, any former resolutions of Congress to the contrary notwithstanding. 2

2 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 19, IV, folio 383. It was delivered and read on this day, according to the indorsement. The letter of the Superintendent of Finance is in No. 137, II, folio 119, and the list of American officers to be exchanged is on folio 123.

Whereas it is the desire of Congress that the motives of their deliberations and measures (as far as they can be disclosed consistently with the public safety) should be fully known to their constituents,

Therefore, Resolved , That when the establishment of funds for paying the principal and interest of the public debts shall be under the consideration of this House the doors thereof shall be open. 3

3 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 21, folio 337. It is indorsed: “Mr. Hamilton and Wilson's motion negatived on motion to postpone to take it up, February 18, 1783.”

[M r . John Rutledge's motion in Committee of the Whole February 18, 1783. Negatived.]

That the value be fixed at the same rates in each of the U. S. according to a table to be ascertained by Congress and in case any articles shall be imported, which are not mentioned in the said list or table the value of such shall be ascertained by the Merchant's 0149 141 oath, allowing the Collector to take such goods at the Merchant's valuation with an allowance of 10 per cent. 1

1 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 36, II, folio 25.

On this day, as the indorsement indicates, was read a letter of February 18 from Job Summer relative to his rank, and referred to the Secretary at War. It is in No. 78, XXI, folio 271.

THURSDAY, FEBRUARY 20, 1783

Congress took into consideration the report of the committee of the whole; and having spent some time thereon,

The house was again resolved into a committee of the whole, to consider farther the means of restoring and supporting public credit, and of obtaining from the states substantial funds for funding the whole debt of the United States, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have considered farther the subject referred to them, but not having come to a conclusion, desire leave to sit again:

Ordered , That leave be granted.

The assistant secretary at war having reported to Congress the result of his enquiry, respecting the goods imported in the ship Amazon , for the use of British and German prisoners of war, accompanied with a report of the commissioners appointed pursuant to the resolutions of the 24 of January last:

Resolved , That it does not appear to Congress that any abuse has been made of the passport granted by the Commander in Chief, for the protection of cloathing and other necessaries sent from New York in the ship Amazon , for the use of the British and German prisoners of war.

Resolved , That the goods imported in the said ship Amazon , and contained in the returns laid before Congress by the assistant secretary at war, are fully covered and protected by the said passport, and ought to be sent with all expedition, and 0150 142 without any let or hindrance, to the prisoners for whose use they were designed. 1

1 From this point to the end of the day, the proceedings for February 20, were entered only in the manuscript Secret (Domestic) Journal and in Secret Journal No. 8.

On the report of a committee consisting of Mr. [Alexander] Hamilton, Mr. [Richard] Peters, Mr. [Theodorick] Bland, Mr. [John] Rutledge and Mr. [Thomas] Mifflin, to whom was referred a letter of 30th January last from the Commander in Chief;

Resolved , That the Commander in Chief be informed that Congress, always happy to receive his sentiments either on the political or military affairs of these states, the utility of which they have upon so many occasions experienced, have paid all the attention to his letter of the 30th of January which the importance of it demands;

That, should the war continue another campaign, every motive of policy and œconomy would operate in favour of the enterprize should the means to accomplish it be within the power of Congress suggested; but that such are the present situation and prospects of these states that it would be inexpedient at this time to determine upon the plan, or to enter upon the expensive preparations which it would require;

That the official accounts received by Congress corresponding with other intelligence afford appearances of an approaching peace.

Ordered , That the Secretary for foreign affairs make a confidential communication to the Commander in Chief of the state of the negotiations for peace when the last advices were received. 2

2 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 19, VI, folio 415.

The committee of the week [Mr. Eliphalet Dyer, Mr. John Lewis Gervais, and Mr. John Montgomery] to whom was referred a memorial of Thomas Liston, Lieutenant of the late South Carolina Artillery Regiment praying that he might receive two hundred dollars on 0151 143 account of pay due him to enable him to support his family and to pay his debts and to return to Charlestown in a flag now in the river, recommend that said memorial be referred to a special committee. 1

1 This report, in the writing of John Lewis Gervais, is in the Papers of the Continental Congress , No. 32, folio 447. According to the indorsement it was passed on this day, and the record in Committee Book No. 186 shows that Dyer, Gervais, and Montgomery were appointed and delivered a report February 26.

FRIDAY, FEBRUARY 21, 1783

On motion of Mr. [John] Rutledge, seconded by Mr. [Hugh] Williamson,

That the resolutions of be transmitted by express to the several States by the Delegates, with a circular letter from the President to the Executive of each State requesting that the said Resolution may be immediately laid before the Legislature of such State as soon as possible and that if the Legislature should not be sitting when the said Resolution shall be received by the said Executive that they may be called to sit as soon as possible in order that they may take the measures necessary for complying with the resolutions of gress within the time limited for that purpose. That it be recommended to the States of Delaware, Maryland and Georgia to send Delegates immediately to Congress, and to each State in the Union to keep up a constant representation of not less than three members as matters of grwat importance to the honor and interest of the United States are now and for some time will be under the consideration of Congress. 2

2 This motion, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 21, folio 325. It is undated.

Resolved , That it be recommended to the States of Delaware, Maryland and Georgia, to send Delegates immediately to Congress, and to each State in the Union, to keep up a constant representation.

On a report from the war office, on a motion of Mr. [John Taylor] Gilman referred, Congress came to the following resolution:

War Office , February 21st, 1783 .

Sir ;

I do myself the honor to inform you your Excellency that I have conferred with the Superintendant of Finance on the subject of the 0152 144 enclosed motion by Mr. Gilman respecting the additional pay allowed to officers taken from the line to act in the Staff departments, and he is of opinion that the measure will facilitate the settlement of accounts.

Should Congress agree in its propriety they will be pleased to pass the motion into a resolve as proposed by Mr. Gilman. 1

1 This report is in the Papers of the Continental Congress , No. 149, II, folio 291.

Whereas sundry officers in the Army of the United States, have been taken from the line to act in the departments of the general Staff, and are entitled to additional pay in consequence thereof:

Resolved , That it be, and hereby is recommended to the several states, to whom such officers respectively belong, to adjust and discharge, on account of the United States, the deficiencies on the additional pay, to which they are entitled by the resolutions of Congress, in the same manner, and to the same time, they settle their accounts as officers in the line. 2

2 This motion, in the writing of John Taylor Gilman, is in the Papers of the Continental Congress , No. 36, II, folio 27. The indorsement shows that it was referred to the Secretary at War on February 13.

Congress was resolved into a committee of the whole, to consider further the means of restoring and supporting public credit, and of obtaining from the states substantial funds for funding the whole debt of the United States, and after some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the committee have taken into consideration the subject referred to them, and are of opinion, that the committee of the whole be discharged and the business referred to a special committee.

Resolved , That Congress agree to the said report.

Ordered , That the committee consist of five. 3

3 The record in Committee Book No. 186 shows that Mr. [Nathaniel] Gorham, Mr. [Alexander] Hamilton, Mr. [James] Madison, Mr. [Thomas] Fitzsimmons, and Mr. [John] Rutledge were appointed, and that they brought in a report March 6. See post March 6, March 18, and April 18.

On motion of Mr. [David] Ramsay, seconded by Mr. [Ralph] Izard:

0153 145

Whereas the passport granted by the Commander in Chief to the ship Amazon , extended only to Wilmington, in the State of Delaware, and the said ship being appointed to carry home sundry citizens of South Carolina now in Philadelphia, who were exiled from Charlestown:

Resolved , That the Secretary at War or his assistant agent of marine be, and he is hereby authorised and directed, to give a passport and safe conduct to the said ship Amazon , to proceed from Wilmington to Philadelphia, there to take on board the said exiled citizens, with their servants and effects, and to proceed with them to Charlestown, or any other port in the State of South Carolina. 1

1 This motion, in the writing of David Ramsay, is in the Papers of the Continental Congress , No. 36, II, folio 33.

On this day, as the indorsement states, was read a letter of the same date, from Captain William Armstrong, respecting the seizure of clothing imported for British prisoners in Pennsylvania. It is in No. 78, I, folio 429.

TUESDAY, FEBRUARY 25, 1783

Mr. William Hemsley, a delegate for the State of Maryland, attended, and produced his credentials, by which it appears, that he is chosen a delegate to Congress for that State for the present year.

Sir

By Direction of the general Assembly, we have the Pleasure to inform you that you are chosen a Delegate to Congress for the ensuing Year. We have the Honor to be

S r Y r most ob t . h ble Serv ts

Geo. Plater Presid t of the Senate

Tho s . Cockey Deye Speaker H. D .

Annapolis , Dec r . 6 th 1782

Hon: M r . Hemsley 2

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

The committee consisting of Mr. [Samuel] Osgood, Mr. [Thomas] Fitzsimmons, Mr. [John Lewis] Gervais, Mr. [Alexander] Hamilton and Mr. [James] Wilson, to whom 0154 146 were referred two paragraphs of the report of the grand committee, on a memorial from the officers of the army, having reported,

“That such officers as are now in service, and continue therein to the end of the war, shall be entitled to receive the sum of years full pay, in money or securities on interest at six per cent. per annum, instead of the half-pay promised for life, by the resolution of the 21 October, 1780, provided that it be at the option of the lines of the respective states, to be determined by a majority of the officers ofthe army, and not of officers individually in those lines, to accept or refuse the same: that all officers who have retired from service upon a promise of half-pay for life, shall be entitled to the benefits of the above resolution; provided also, that those of the line of each State, collectively, agree thereto: that the same commutation shall extend to the corps not belonging to the lines of particular states, the acceptance or refusal to be determined by corps: that all officers entitled to half-pay for life, not included in the above resolutions, may collectively agree to accept or refuse the commutation: that with respect to the general officers, it shall be at their option, individually, to accept the commutation, or retain their right to the half-pay: that the half-pay for life extend to the widows of such officers as shall die in the service, during their continuance as windows, and in case of an intermarriage, to the orphans of such officers .” 1

1 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress , No. 21, folio 333.

When this report was under debate, a motion was made [Silas] by Mr. [John Taylor] Gilman, seconded by Mr. Welcott Condict, that the consideration of the report be postponed, in order to take into consideration the following motion:

“Whereas in consequence of the faithful services of the officers in the army of the United States, and of their great 0155 147 sufferings, not only on account of the deficiency of their pay, but on other accounts, Congress have, by divers resolutions, promised them half-pay for life; and it being represented that it would be more agreeable to some of the states and the officers thereto belonging, that a commutation of the said half-pay should now be made,

Resolved , That it be, and hereby is recommended to the several states to settle with the officers who now belong or heretofore have belonged to their respective lines, and are entitled to half-pay by the resolutions of Congress, either by giving them security for the payment of the same as it may become due, or by commutation for such sum, in gross, as may be mutually agreed on by each State, and the officers to them respectively belonging:

That each and every State, which shall make compensation to their officers, agreeably to the foregoing resolution, shall be exonerated and fully and finally discharged from their respective proportions of all taxes and all other payments of monies whatsoever, on account of half-pay to the officers belonging to the United States or any of them; provided always, that nothing in this resolution shall extend to discharge any State from paying their just proportion of the half-pay which may be due to such officers as have not heretofore or do not now belong to the line of any particular State, or to the officers belonging to any particular State, which may by the events of the war be rendered unable to make such compensation:

That the Secretary at War be directed to report to Congress the names and rank of all such officers as are entitled to half-pay, and not included in the first of the foregoing resolutions.” 1

1 This motion, undated, in the writing of John Taylor Gilman, is in the Papers of the Continental Congress , No. 36, IV, folio 409.

0156 148

On the question for postponing the report, in order to take up the above recited motion, the yeas and nays being required by Mr. [Silas] Condict,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay * Rhode Island, Mr. Collins, ay * Connecticut, Mr. Wolcott, ay ay Dyer, ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no div. Condict, ay Pennsylvania, Mr. Fitzsimmons, no no Montgomery, no Maryland, Mr. Carroll, no no Hemsley, no Virginia, Mr. Jones, no Madison, no Bland, no no Lee, no Mercer, ay North Carolina, Mr. Hawkins, no no Williamson, no South Carolina, Mr. Rutledge, no Ramsay, no no Izard, no Gervais, no

So it passed in the negative.

Ordered , That the farther consideration of the report be postponed till to-morrow.

On motion of Mr. [Arthur] Lee, seconded by Mr. [Samuel] Holten,

Ordered , That the Secretary at War lay before Congress monthly returns of the officers and men who were actually in service and pay of the United States during the year 1782. 1

1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress , No. 36, II, folio 39.

[Motion of Mr. Richard Peters and Mr. Alexander Hamilton.]

Resolved , That Lieut. Col., Morris, Aid de Camp to Major General Greene be allowed the Pay and Emoluments of a Lieut. Colonel 0157 149 while in actual service and that his accounts be adjusted accordingly and the certificate Greene be the evidence to adcertain the Period of his service.

Feby. 25, 1783, negatived. 1

1 This motion, in the writing of Richard Peters, is in the Papers of the Continental Congress , No. 149, II, folio 224a.

On this day, according to the indorsement, was read the resolves of February 21, of the General Assembly of Pennsylvania respecting the seizure of clothing imported for British Prisoners. They are in No. 69, II, folio 421.

Also, on this day, a letter from Oliver Pollock, relative to his accounts and dated Philadelphia, February 24, was read and referred to Mr. [William] Hemsley, Mr. [John Lewis] Gervais, and Mr. [Thomas] FitzSimons. It is in No. 50, folio 389.

WEDNESDAY, FEBRUARY 26, 1783

On motion of Mr. [James] Madison, seconded by Mr. [John Francis] Mercer:

Resolved , That it be recommended to the executives of the several states, whenever any outrages unauthorised by the laws of war, shall be committed on the persons or properties of their respective citizens, by any persons in the service of the enemy, to transmit immediate information thereof to the Commander in Chief or the commanding officer of a separate army, in order that the measures may be pursued which are pointed out in the resolution of the 8th day of November, 1782. 2

2 This motion, in the writing of James Madison, is in the Papers of the Continental Congress , No. 36, II, folio 35.

Congress resumed the consideration of the report of the committee, which was under debate yesterday, when a motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [Richard] Peters, that the blank in the report be filled with the words “five and a half:”

And on the question to agree to this motion, the yeas and nays being required by Mr. [Alexander] Hamilton,

0158 150 New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Holten, ay div. Gorham, no Rhode Island, Mr. Collins, no * Connecticut, Mr. Wolcott, no no Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay div. Condict, no Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay ay Montgomery, ay Peters, ay Maryland, Mr. Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay Bland, ay ay Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay

So the question was lost.

A motion was then made by Mr. [Nathaniel] Gorham, seconded by Mr. [Theodorick] Bland, that the blank be filled with the word “five:”

And on the question to agree to this motion, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Holten, ay ay Gorham, ay Rhode Island, Mr. Collins, no * Connecticut, Mr. Wolcott, no no Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay div Condict, no Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay ay Montgomery, ay Peters, ay 0159 151 Maryland, Mr. Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay Bland, ay ay Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay

So it was resolved in the affirmative.

Ordered , That the farther consideration of the report be postponed.

A letter, of this day, from the Superintendant of finance, was read, stating that a number of those who contracted engagements with him, place a personal reliance on him for the fulfilment of them: that as the time approaches fast when he will quit the office, namely, the last of May, as mentioned in his letter of the 24 January, he thinks it necessary to convey this information to those who have confided in him, and therefore praying that the injunction of secrecy on his letter of the 24 January, may be taken off:

Ordered , That the injunction of secrecy, aforesaid, be annulled, and that the letters be referred to a committee. 1

1 According to the record in Committee Books No. 186 and No. 191, Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [Oliver] Wolcott were appointed, and delivered a report March 4, which was acted upon, March 5.

The Committee [Mr. Eliphalet Dyer, Mr. John Lewis Gervais, Mr. John Montgomery] to whom was referred the memorial of Thomas Liston Lieutenant of the late South Carolina Regiment submit the following Report,

That the case of this officer appears particularly unfortunate to your Committee; that being taken a prisoner of war in South Carolina he was sent to Virginia, from whence he came to Philadelphia; that since the later end of January he has been deprived of wood and rations because he was exchanged and because the Regiment to which he belonged had been deranged. Your committee observe with regret that the exchange of this officer, situated as he is, has proved a singular misfortune to him leaving him destitute, at a great distance 0160 152 from his friends and Connections, without the means of returning to his native Country.

Your Committee are of opinion that no officer in the Army of the United States could look upon any assistance afforded to him as partial, and therefore no inconveniency could arise from granting him some relief. From these considerations your Committee recommend, that Lieut. Thomas Liston of the late South Carolina Artillery Regiment lately exchanged be allowed six months' arrears of pay due to him, to enable him to return to South Carolina. If Congress approve the foregoing Report, they will please to Resolve,

That it be referred to the Superintendant of Finance to take order. 1

1 This report, in the writing of John Lewis Gervais, is in the Papers of the Continental Congress , No. 19, III, folio 579. The indorsement shows that it was delivered February 26, read and passed in the negative. See post April 24.

[Motion of Mr. Arthur Lee, February 26, 1783, negatived.]

That a committee be appointed to consider the best mode of restraining the lawless outrages of the refugees. 2

2 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress , No. 36, II, folio 37.

[Report on Mr. Alexander Hamilton's motion for making allowances to States. February 26, 1783, read and consideration postponed.]

The committee having considered a motion referred to them containing the following resolution:

That the several States be earnestly requested without delay to pass laws conformable to the spirit of the recommendation of the 20th December, 1782, extending the period to the conclusion of the present war,

Beg leave to report, That it does not appear to them proper that Congress should agree to the proposed resolution, because one State has formally refused to comply with the recommendation, most of the others have paid no regard to it, and the difficulties of settling such equitable abatements as are the objects of the motion, would be probably greater than the advantages that might result from them. 3

3 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress , No. 149, III, folio 23.

0161 153
THURSDAY, FEBRUARY 27, 1783

Mr. Stephen Higginson, a delegate for the State of Massachusetts, attended, and produced the credentials of his appointment, by which it appears, that on the 24 October, 1782, he was by joint ballot of the senate and house of representatives, elected a delegate to represent that Commonwealth in the United States in Congress assembled, for one year, commencing the first Monday of November, 1782.

Commonwealth Of Massachusetts Council Chamber Boston Feb y 5th, 1783 .

These Certify That the Hon ble Stephen Higgenson Esq r was elected on the twenty fourth of October 1782 by joint ballot of the Senate and House of Representatives as a Delegate to represent this Commonwealth in the United States in Congress Assembled agreeably to the Constitution; to serve for One Year commencing the first Monday of November 1782

Attest

John Avery Sec y . 1

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

On a report of a grand committee consisting of a member from each State [Mr. Phillips White, Mr. Samuel Osgood, Mr. Jonathan Arnold, Mr. Oliver Wolcott, Mr. Alexander Hamilton, Mr. Silas Condict, Mr. Richard Peters, Mr. Philemon Dickinson, Mr. Daniel Carroll, Mr. James Madison, Mr. Abner Nash and Mr. John Rutledge], to whom was referred a petition of John Hall:

Resolved , That all those officers for the settlement of whose accounts no special provision hath heretofore been made, either by references to the states, or by the appointment of commissioners for states or departments, or otherwise, do settle their accounts as well for pay and depreciation as for monies or articles bought at the treasury in the usual manner; 0162 154 and that any balances which may be found due to them, previous to the first day of January, 1782, be placed on interest in common with other debts due by the United States. 1

1 This report is in the Papers of the Continental Congress , No. 19, III, folio 3. Hall's memorial is in No. 42, III, folio 435. It had been referred, on Sept. 18, 1782, to the Secretary at War, and, later, to a special committee, and was referred, on January 14, to the Grand Committee of January 6.

The following in the writing of Richard Peters, is in No. 42, III, folio 437, indorsed on Hall's memorial:

“The Grand Committee to whom was referred the Memorial of John Hall, setting forth his appointment as an Armourer and claiming a settlement of his accounts, report

That the Memorialist be referred to the Commissioner for settling the Accounts of the United States in the State of Pennsilvania to be dealt with according to the Justice of his Demands by the said Commissioner, who is hereby empowered and directed to liquidate the accounts of all Persons late in the Department of the Commissary General of Military Stores under like Circumstances with the Memorialist.”

According to Committee Books 186 and 191, the same committee delivered a report on February 27 on the memorials of Pelatiah Webster and William Judd, but it was recommitted the same day, to Mr. [Richard] Peters, Mr. [Alexander] Hamilton and Mr. [Eliphalet] Dyer, who delivered a report March 3. See post Mar. 6.

On this day, according fo the indorsement, was read a letter of February 15 from William Buchanan, Commissary General of Purchases, relative to his accounts. It was referred to Mr. [John Lewis] Gervais, Mr. [Oliver] Wolcott and Mr. [Richard] Peters. The indorsement further says that the report was filed September 19, 1786. The letter is in No. 78, IV, folio 375.

FRIDAY, FEBRUARY 28, 1783

Congress resumed the consideration of the report of the committee, which was under debate on the 25 and 26 instant; and on the question to agree to the first part thereof, as amended, relating to officers now in service, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Holten, ay Mr. Gorham, ay ay Higginson, ay Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Wolcott, ay div. Dyer, no 0163 155 New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Clark, no no Condict, no Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay ay Montgomery, ay Peters, ay Maryland, Mr. Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay ay Bland, ay Lee, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay

There being only seven states in the affirmative, a question was moved by Mr. [Theodorick] Bland, seconded by Mr. [James] Madison,

“ Is the proposition on which the question was just taken, for allowing a composition for half-pay an appropriation of money within the meaning of confederation of a proposition which requires the assent of nine states?. 1 ”

1 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 36, II, folio 41.

And on this question, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, ay Higginson, ay Rhode Island, Mr. Collins, ay ay Arnold, ay Connecticut, Mr. Wolcott, ay div. Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Clark, ay ay Condict, ay 0164 156 Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay ay Montgomery, ay Peters, ay Maryland, Mr. Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay Bland, ay ay Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay Gervais, ay

So it was resolved in the affirmative; and consequently the foregoing question was lost. 1

1 A motion appears to have been offered by Mr. [David] Ramsay, seconded by Mr. [Hugh] Williamson, “That the sense of Congress be taken whether the question is carried in the affirmative.” It is indorsed on Bland's motion in the writing of Hugh Williamson and is in the Papers of the Continental Congress , No. 36, II, folio 41.

The committee, consisting of Mr. [Hugh] Williamson, Mr. [Eliphalet] Dyer and Mr. [Silas] Condict, to whom was referred a letter of 18 from the Secretary for Foreign affairs, made a report; Whereupon,

The Committee to whom was referred a letter from the Secty. for foreign affairs respecting the franking of letters observe that by the ordinance for regulating the Post office dated October 14 th . 1782, it is provided, that all letters on public service to the Heads of the Departments of Finance of War and of foreign affairs shall pass and be carried FREE of postage . Those letters however which include their private correspondence are not declared to be free. But as the rank of those officers must inevitably expose them to be troubled with many letters, which may not properly belong to the business of their Departments, and as many letters on public service may not be properly endorsed your Committee presume, that the Postmaster General or his assistant will deliver all letters directed to the Heads of Departments of Finance of War and of foreign affairs as if they were marked on public Service , leaving it to them to account for such letters as they may find are not free according to the Spirit of the 0165 157 ordinance. With respect to letters from the Heads of those Departments, the Ordinance also provides that they shall be free, provided they are on public Service of which the writers alone can judge. Your Committee therefore presume that it is indifferent whether the officers referred to endorse their letters with the words Public Service or with the word Free , their name being subscribed, as it cannot be supposed that they would declare letters to be free which ought to be charged. The Postmaster General or his assistant should therefore pass letters free, which are marked in either manner. On the whole your committee beg leave to report; that it is not necessary at present to make any alteration in the Ordinance for regulating the Post Office. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 25, II, folio 183.

Resolved , That all letters to and from the heads of departments, on public service, are free, and ought not to be detained for want of the words On public service , endorsed.

The Committee for the week [Mr. William Hemsley, Mr. Benjamin Hawkins and Mr. Phillips White] report, That the petition and remonstrance of Col o Daniel Broadhead, so far as relates to the injuries and expences which he says he has been subjected to, from actions at law commenced against him in the courts of Yoghughena and afterwards in the courts of Westmoreland for posting some of the troops in an out house contiguous to Fort Pitt claimed by private persons and taking a range for the security of the post, and the health and supplies of the garrison for confining a number of disaffected persons in the guard house, and for taking such measures as appeared to him necessary for the defence of the post where he commanded.

For money expended in conciliating the minds of the western Indians, and his attendance upon trial before a general Court Martial in Philadelphia be referred to the Secretary at War.

That part of the aforesaid petition and remonstrance which relates to the loss of a number of vouchers which he had taken for the expenditure of public money, be referred to the Superintendant of Finance. 2

2 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress , No. 32, folio 451. The indorsement states that it was passed on this day.

The Committee for the Week [Mr. William Hemsley, Mr. Benjamin Hawkins and Mr. Phillips White] report, That the letter of Ephr. 0166 158 Blain Esq r dated Philadelphia 25 th . Feby, 1783, to his Excellency the President of Congress requesting Congress would pass a resolve to empower the Commissioner now settling the accounts of the Commissaries Department, to allow a Commission of 2 per cent upon all purchases made by the Deputy Commissaries.

To allow his travelling expences or make such other provisions as may appear to them just and reasonable; as he had expended his salary which was allowed him for the year 1780 in the Winter and Spring of that year. And to make him some acknowledgement for his Services and the very considerable expence he was at in forwarding a quantity of rum to the Army shipping 300 some odd hhds of sugar and the management of that business both in Boston and Philadelphia be referred to a special committee. 1

1 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress , No. 32, folio 453. It is undated, but Blaine's letter, dated February 25, is in No. 41, I, folio 447, and the indorsement shows that it was read on this day and referred to Mr. [John Lewis] Gervais, Mr. [Oliver] Wolcott and Mr. [Richard] Peters. On July 23, 1783, the committee was renewed, as shown by the indorsement and by Committee Book No. 186, the members of the new committee being Mr. [Richard] Peters, Mr. [Hugh] Williamson and Mr. A[rthur] Lee. This committee reported January 2, 1784.

The Committee of the week [Hr. William Hemsley, Mr. Benjamin Hawkins, Mr. Phillips White] report, That the Memorial of Col o . Israel Shreve requesting pay and rations for the Month of Feby, 1781, be referred to the Secretary of War. 2

2 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress , No. 32, folio 455. It is undated, but Col. Shreve's memorial is in No. 41, IX, folio 215, and is indorsed as having been read on this day and referred to the Secretary at War.

The committee of the week [Mr. William Hemsley, Hr. Benjamin Hawkins, and Mr. Phillips White] report: That the letter from Captain Job Sumner dated New Windsor February 18, 1783, to his Excellency the President of the Congress with its enclosures be referred to the Secretary of War. 3

3 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress , No. 32, folio 457. It is undated, but Committee Book No. 186, shows that Sumner's letter was referred to the Secretary at War on this day.

The committee of the week [Mr. William Hemsley, Mr. Benjamin Hawkins, and Mr. Phillips White] report: That the memorial of Charles Mortimer of Virginia, Doctor of Physic, praying payment of his account, and the usual wages and rations allowed to others, for 0167 159 attending the hospital at Fredericksburg for nine months, be referred to a special committee. 1

1 This report, in the writing of William Hemsley, is in the Papers of the Continental Congress , No. 32, folio 449. The indorsement gives it this date. The memorial is in No. 41, VI, folio 287. It was referred, the indorsement states, to Mr. [John Lewis] Gervais, Mr. [Hugh] Williamson, and Mr. [Theodorick] Bland. According to the record in Committee Books No. 186 and No. 191, a report was delivered March 17, and acted on, March 26.

MONDAY, MARCH 3, 1783

Mr. Thomas Sire Lee, a delegate for Maryland, attended, produced the credentials of his appointment for the current year, and took his seat in Congress.

Sir

By Direction of the general Assembly we have the Pleasure to to inform you, that you are chosen a Delegate to Congress for the ensuing Year. We have the honor to be

Sir

Y r most ob t H ble Serv ts

Geo. Plater Presd t . of the Senate

Tho. Cockey Deye Speaker H. D .

Annapolis Dec r . 6 th 1782

hon: M r . Lee 2

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

On the report of the Secretary at War, to whom was referred a memorial of Colonel Shreve, late of the New Jersey line;

War Office , March 1 st 1783 .

Sir ;

On the memorial of Col. Shreve late of the Jersey line referred to the Secretary at War, I beg leave to report that the circumstances set forth in the said memorial are corroborated by records in the war office, and I beg leave to submit the following draught of a resolve to the consideration of Congress.

Resolved , That the paymaster, in adjusting the accounts of Colonel Shreve, late of the New Jersey line, be directed to continue his allowance of pay to the 31 of January, 1781. 3

3 This report is in the Papers of the Continental Congress , No. 149, II, folio 311.

0168 160

On the report of the Secretary at War, to whom was referred a memorial of Captain Sumner:

War Office , March 1 st ., 1783 .

Sir ;

The papers which accompany the memorial of Captain Sumner constitute the most conclusive evidence that his claim to the commission of Major is founded in justice and will not militate with the rights of other officers. I am therefore to request agreeably to the Commander in Chief's opinion and the recommendations of the officers of the army, who have signed the several certificates, that I may be authorised to issue the commission of Major to Captain Sumner bearing date on the first day of October, 1782. 1

1 This report is in the Papers of the Continental Congress , No. 149, II, folio 295.

Ordered , That the Secretary at War issue to Captain Sumner, the commission of Major, bearing date on the first day of October, 1782.

The committee, consisting of Mr. [John] Rutledge, Mr. [James] Madison, and Mr. [Richard] Peters, appointed in pursuance of a conference with a committee of the General Assembly of the State of Pensylvania, to report an ordinance for amending the ordinance of the 5th April, 1781, for establishing courts for the trial of piracies and felonies committed on the high seas, reported a draught of an ordinance, which was read a first and second time:

Ordered , That to-morrow be assigned for the third reading.

The committee of the week [Mr. Abraham Clark, Mr. Thomas Sim Lee and Mr. Stephen Higginson] report that the within memorial [of John Story] be referred to the Secretary at War to report thereon. 2

2 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 41, IX, folio 222, indorsed on the memorial, which is on folio 219.

The committee of the week [Mr. Abraham Clark, Mr. Thomas Sim Lee, and Mr. Stephen Higginson] report that the petition of Phillips White in behalf of Edmund Sawyer be referred to the Superintendant of Finance to report thereon. March 3, 1783, Agreed to. 3

3 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 42, VIII, folio 257, indorsed on a letter of Edmund Sawyer to Phillips White. White's petition is on folio 249.

0169 161

The committee of the week [Mr, Abraham Clark, Mr. Thomas Sire Lee, and Mr. Stephen Higginson] report that the consideration of the within petition [of the Trustees of Wilmington School] be postponed to the end of the war to be then taken into consideration in common with other applications of a similar nature. Agreed to. 1

1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress , No. 42, VIII, folio 265, indorsed on the petition of the Trustees of Wilmington School which is on folio 262. The indorsement shows that it was read on this day.

War Office March 3 rd . 1783 .

Sir ,

The resolve of Congress of the 31st of December, 1781, which directed that all officers, under the grade of Brigadiers General, not pertaining to the line of any particular State or seperate corps of the Army, should retire on the first of January, 1782, with the emoluments of other retiring officers, excepted so many officers of that description as the service rendered necessary to be retained.

The late reduction of Corps concurring with other causes to favor the wishes of several of those officers who desire to retire on the emoluments allowed to other retiring officers, I am to request if Congress think proper to extend this indulgence to those officers whose services may be dispensed with, that they will please to resolve,

That all those officers of the line of the Army below the rank of Brigadier, who do not belong to the line of any State or seperate Corps, who may obtain the Commander in Chief's permission to retire from service shall be entitled to all the emoluments granted to officers retiring under the resolves of Congress of the 21st of October 1780. 2

2 This report is in the Papers of the Continental Congress , No. 149, II, folio 303. It was read on this day, the indorsement states, and referred to Mr. [Theodorick] Bland, Mr. [Hugh] Williamson, and Mr. [Benjamin] Hawkins. According to Committee Book No. 186, a letter of March 13, from the Secretary at War, enclosing a list of officers retained in service, was referred to the same committee. This letter is on folio 343, and the list on folio 347. See post March 13 and April 23, 1783.

On this day, according to the indorsement, was read a letter dated London May 13, 1782, from Samuel Curson applying to be consul at Borne one of the principal European trading ports. It is in No. 78, VI, folio 105.

On this or an approximate date, was read a letter of March 3, from the Superintendant of Finance, announcing that the Assembly of Connecticut had adjourned without laying taxes at the request of Congress. It is in No. 137, II, folio 143.

Also a letter of February 26 from General Washington. It is in No. 152, XI, folio 75, and is printed in The Writings of Washington (Ford) X, 159.

0170 162
TUESDAY, MARCH 4, 1783

A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [William] Floyd:

“Whereas in the opinion of Congress, it is essential to those principles of justice and liberality, which ought to govern the intercourse between these states, that in the final adjustment of accounts for the supplies or contributions of the states respectively, towards the common expences in the course of the war, equitable allowances should be made in favor of those states, parts of which have been at different periods in possession of the enemy: and whereas the strict application of the rule prescribed by the 8 Article of the Confederation, as declared by the resolution of the 17 of February, would operate greatly to the injury prejudice of such states, and to the calamities of war, add an undue proportion of the public burthen,

Resolved , That Congress will, in the application of the said rule, make such abatements in favour of the said states, as from a full consideration of circumstances shall appear to them just and equitable, for the time the said parts of the said states may have been in possession of the enemy.” 1

1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 36, II, folio 43. The two subsequent motions and votes are indorsed on this motion by Thomson.

A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Phillips] White, that the consideration of the foregoing motion be postponed:

And on the question for postponing, the yeas and nays being required by Mr. [Alexander] Hamilton,

New Hampshire, Mr. Gilman, ay ay White, ay Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, ay Higginson, ay Rhode Island, Mr. Collins, no * Connecticut, Mr. Wolcott, ay div. Dyer, no New York, Mr. Floyd, no no Hamilton, no 0171 163 New Jersey, Mr. Boudinot, ay Clark, ay ay Condict, ay Pennsylvania, Mr. Mifflin, no Fitzsimmons, no no Montgomery, ay Peters, no Maryland, Mr. T. S. Lee, ay Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay Bland, ay ay Lee, ay Mercer, ay North Carolina, Mr. Hawkins, ay Williamson, ay ay South Carolina, Mr. Rutledge, no Izard, no no Gervais, no

So the question was lost.

On the question to agree to the first motion, the yeas and nays being required by Mr. [Alexander] Hamilton,

New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Holten, no Osgood, no no Gorham, no Higginson, no Rhode Island, Mr. Collins, ay * Connecticut, Mr. Wolcott no no Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, no Clark, no no Condict, no Pennsylvania, Mr. Mifflin, no Fitzsimmons, ay div. Montgomery, no Peters, ay Maryland, Mr. T. S. Lee, no Carroll, no no Hemsley, no Virginia, Mr. Jones, no Madison, no Bland, no no Lee, no Mercer, no North Carolina, Mr. Hawkins, no no Williamson, no South Carolina, Mr. Rutledge, no Izard, no no Gervais, no

So it passed in the negative.

0172 164

According to order, the ordinance was read a third time, and passed as follows:

An Ordinance to amend an ordinance, entitled “An Ordinance for establishing courts for the trial of piracies and felonies committed on the high seas”

Be it ordained by the United States in Congress assembled, and by the authority of the same, that the Judge of the Court of Admiralty, or, in case there shall be several judges of the said court in the state where the trials hereafter mentioned are to be had, any one of such judges, to be commissionated for that purpose by the supreme executive power of such State, and the justices of the supreme or superior court of judicature of the several and respective states, or any two, or more, of them, (of whom the said Judge of the Admiralty shall always be one), the justices of the supreme or superior court of judicature, and the judge of the admiralty, or any two or moro of them, including the judge of the admiralty in the several and respective states; or in case there shall be several judges of the admiralty in a state, the justices of the supreme or superior court of judicature, and a judge of the admiralty to be commissioned for that purpose by the executive power of such state, or any two of them including a judge of the admiralty, are hereby constituted and appointed a court for hearing and trig all offenders who, in and by an Ordinance, entitled “An Ordnance for establishing coats for the trial of piracies and felonies courted on the high seas,” passed the 5 day of April, 1781, are triable before the justices of the supreme or superior court of judicature and judge of the court of admiralty of the several and respective states, or any two or more of them; prodded that nothing herein contained shall extend to prosecutions already commenced, which shall be determined in the same manner as if this ordinance had never been made.

Done, &c. 1

1 The draft of this ordinance, in the writing of John Rutledge, is in the Papers of the Continual Congress, No. 59, III, folios 423 and 425.

On this day, according to the indorsement, was read a letter of February 25, from Governor Clinton to the delegates from New York, relative to the usurped government of the New Hampshire Grants, with enclosures. It is in No. 40, II, folio 373, and was referred to Mr. [Daniel] Carroll, Mr. [Nathaniel] Gorham, Mr. [Arthur] Lee, Mr. [John Taylor] Gilman, and Mr. [Oliver] Wolcott. According to Committee Book No. 186, the committee was renewed April 28, Mr. [Phillips] White and Mr. [John Francis] Mercer replacing Gilman and Wolcott. See post , May 26.

Also on this day, according to the indorsement, a letter of March 3 from the Secretary at War, enclosing “some observations on the general military system of the United States” and the establishment of magazines and academes, was read, and referred to Mr. [Thomas] Mifflin, Mr. [Theodorick] Bland, and Mr. [Alexander] Hamilton. It is in No. 38, folio 283. According to Committee Book No. 186, the committee was discharged April 28, “and the business referred to Committee of 4 April on Peace Arrangements.”

0173 165
WEDNESDAY, MARCH 5, 1783

The committee, consisting of Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [Oliver] Wolcott, to whom were referred the letters of 24 January and 26 February, from the Superintendant of finance, having reported, that it does not appear to the committee to be necessary that Congress should take any immediate measures respecting the office of finance, 1

1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress , No. 19, IV, folio 385. The Superintendant of Finance's letter of February 26, is in No. 137, Il, folio 139.

A motion was made by Mr. [Theodorick] Bland, seconded by Mr. A[rthur] Lee, that the report of the committee be postponed, in order to take into consideration the following motion:

That a committee be appointed to devise the most proper means of arranging the department of finance. 2

2 This motion, in the writing of Theodorick Bland, is in the Papers of the Continental Congress , No. 36, II, folio 47.

A motion was made by Mr. [John] Rutledge, seconded by Mr. [Samuel] Holten, “that the report and motion be committed:”

And on the question for commitment, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, ay * Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, no Higginson, ay Rhode Island, Mr. Collins, ay ay Arnold, ay Connecticut, Mr. Wolcott, no div. Dyer, ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no Clark, ay ay Condict, ay 0174 166 Pennsylvania, Mr. Mifflin, ay Fitzsimmons, no Wilson, no no Montgomery, no Peters, ay Maryland, Mr. Lee, ay Carroll, no no Hemsley, no Virginia, Mr. Jones, no Madison, no Bland, ay no Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay div. Williamson, no South Carolina, Mr. Rutledge, ay Izard, ay ay Gervais, ay

So the question was lost.

On the question to agree to the motion of Mr. [Theodorick] Bland, the yeas and nays being required by Mr. [Theodorick] Bland,

New Hampshire, Mr. Gilman, ay * Massachusetts, no Mr. Holten, ay Osgood, no div. Gorham, no Higginson, ay Rhode Island, Mr. Collins, no div. Arnold, ay Connecticut, Mr. Wolcott, no div. Dyer, ay ay New York, Mr. Floyd, no no Hamilton, no New Jersey, Mr. Boudinot, no Clark, no Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, no Wilson, no Montgomery, no Peters, no Maryland, Mr. Lee, ay Carroll, no no Hemsley, no Virginia, Mr. Jones, no Madison, no Bland, ay no Mercer, no North Carolina, Mr. Hawkins, ay div. Williamson, no South Carolina, Mr. Rutledge, no Izard, ay ay Gervais, ay

So the question was lost.

0175 167

A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [John Taylor] Gilman,

That the report of the committee be postponed, in order to take into consideration the following motion:

That a committee be appointed to devise the most proper means of steps to be arranging the department of finance taken in consequence of the late communication from the officer who is at the head of the Department of Finance letters of the 24 January and 26 of February, from the Superintendant of finance: 1

1 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 36, II, folio 51.

And on the question to agree to this, the yeas and nays being required by Mr. [John Taylor] Gilman,

New Hampshire, Mr. Gilman, ay * Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, no Higginson, ay Rhode Island, Mr. Collins, no div. Arnold, ay Connecticut, Mr. Wolcott, ay ay Dyer, ay New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, no Clark, ay ay Condict, ay Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, Peter, ay Maryland, Mr. Lee, ay Carroll, ay ay Hemsley, ay Virginia, Mr. John, ay Madison, ay Bland, ay ay Lee, ay Mercer, ay North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Izard, ay ay Gervais, ay

So it was resolved in the affirmative.

0176 168

On the question,

Resolved , That a committee of five be appointed to devise the most proper steps to be taken in consequence of the letters of the 24 January and 26 of February, from the Superintendant of finance. 1

1 The entries in the journal kept by the Secretary of Congress for the Superintendent of Finance ( Morris Papers; Congressional Proceedings ), and la,Committee Book No. 186, show that the committee was appointed on this day and discharged April 28. It consisted of Mr. [John] Rutledge, Mr. [Hugh] Williamson, Mr. [NathanieI] Gorham, Mr. [Oliver] Wolcott and Mr. [Abraham] Clark.

THURSDAY, MARCH 6, 1783

On the report of a committee consisting of Mr. [Samuel] Holten, Mr. [Richard] Peters, and Mr. [John] Collins, to whom was referred a letter of 21 February from the Superintendant of finance, on the case of Colonel Gridley:

The committee to whom was referred the letter from the Honorable Robert Morris Esquire and the letters accompanying the same, respecting Colonel Gridley's pay, find that by a resolution of Congress of the 17th November, 1775, they engaged to “indemnify Colonel Gridley for any loss of half pay which he may sustain in consequence of his having been in the service of the United States.” And that by another resolution of the 26th February, 1781, it was recommended to the State of Massachusetts to make up to Colonel Richard Gridley the depreciation of his pay as Engineer at sixty dollars per month from the time of his appointment to the first day of January, 1781, in like manner with other officers in the Continental Service, and charge the same to the United States; that from and after the said first day of January, 1781, Colonel Gridley be considered as a retiring officer and be entitled to receive from the United States four hundred and forty-four dollars and ⅖ of a dollar per annum in bills of the new emissions in virtue of the resolution of Congress of the 17th November, 1775, on the subject of his indemnification for any losses he might sustain by entering into the service of the United States; and it appears by Colonel Gridley's letter to Mr. Morris of the 5th of November, 1782, that upon his application to the said State they granted and paid the depreciation by giving their notes, and also made him a grant for the sum of £182 10/Massachusetts currency, being for eighteen months half pay; and that he had received a 0177 169 warrant on the Treasurer of the State for the said sum, but that he had not received any money upon it.

Your committee are of opinion that Colonel Gridley ought not to be considered in the same situation as other retiring officers, because Congress engaged to indemnify him for any loss of half pay, and therefore report that the letters be referred back to the Superintendant of Finance, together with this report, and that he be directed to take order thereon having regard to what has been already granted to Colonel Gridley by the State of Massachusetts on account of his half pay.

Your committee therefore conceive that the case of Colonel Gridley seems distinguishable from that of other retiring officers as he abandoned his British half pay on an agreement made by Congress to indemnify him therefor; but whether this should operate so as to entitle him to payment in preference to those who have by engaging in the American cause in the early periods of the war, put to risk their lives and fortunes, and having equally just demands have equal pledges of the public faith for payment, your committee leave to the detestation of Congress; should Congress, however, be of option that theft special agreement should be at all events complied with, they will please to resolve

Ordered , That the letter from the Superintendant of finance, respecting the half pay due to Colonel Gridley, with its enclosures, be referred back to the Superintendant of finance, and that he be directed to take order therein, having regard in settlement with Colonel Gridley, to any grants made to him by the State of Massachusetts, on account of his half pay, the same being founded on a special contract made with Colonel Gridley at the time he relinquished his half pay in the British army, to enter into the service of the United States. 1

1 This report, in the writing of Samuel Holten, except the last paragraph, which is in the writing of Richard Peters and Charles Thomson, is in the Papers of the Continental Congress , No. 19, II, folio 529–532.

[Report of Mr. Richard Peters, Mr. Alexander Hamilton, and Mr. Eliphalet Dyer.]

The committee to whom was committed the report of the Grand Committee on the memorial of Pelatiah Webster and William Judd 0178 170 on behalf of the deranged officers of the lines of Massachusetts and Connecticut submit the following resolution:

That the accounts of the officers who have retired on half pay at different periods of the war, or their representatives, be settled on the same principles with the accounts of the army as contained in the resolution of the 25 of January last.

The committee advise that the parts of their Memorial relating to an advance of money be referred to the Superintendent of Finance to take order. 1

1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress , No. 19, VI, folio 489. The indorsement states that it was read March 5 and and on March 6 negatived: ayes 5; noes, 4.

The Grand Committee to whom was referred the Memorial of the late issuing Commissaries, beg leave to report,

That the same be referred to a special committee. 2

2 This report, in the writing of Eliphalet Dyer, is in the Papers of the Continental Congress , No. 19, VI, folio 489a. According to the indorsement, it was read on this day, and Committee Book No. 186 shows that it was referred to Mr. [Oliver] Wolcott, Mr. [Stephen] Higginson and Mr. T[homas] Slim] Lee, and that, April 28, the committee was renewed, the members being Mr. [Stephen] Higginson, Mr. [Richard] Peters and Mr. [Samuel] Holten.

[Report of Mr. Nathaniel Gorham, Mr. Alexander Hamilton, Mr. James Madison, Mr. Thomas FitzSimons, Mr. John Rutledge appointed to consider the means of restoring and supporting public credit and of obtaining from the States substantial funds for funding the whole debt of the United States.]

Resolved , That it be recommended to the several States, as indispensably necessary to the restoration of public credit, and the punctual and honorable discharge of the public debts, to vest in the United States in Congress assembled, a power to levy for the use of the United States, a duty of five per centum ad valorem, at the time and place of importation, upon all goods, wares and merchandizes of foreign growth and manufactures, which may be imported into any of the said States, from any foreign port, island or plantation, except arms, ammunition, clothing and other articles imported on account of the United States, or any of them, and except wool cards, cotton cards, and wire for making them, and also except salt during the war:

Also a like duty of five per centum ad valorem, on all prizes and prize goods condemned in the Court of Admiralty of any of these states as lawful prize:

0179 171

Also to levy a duty of ⅛ of a dollar per bushel on all salt imported as aforesaid, after the war; 1/15 of a dollar per gallon on all wines; 1/30 of a dollar per gallon on all rum and brandy; ⅔ of a dollar per 112 lbs. on all brown sugars; 1 dollar per 112 lbs. on all powdered, lump and clayed sugars, other than loaf sugars; 1⅓ dollar per 112 lbs. on all loaf sugars; 1/30 of a dollar per lb. on all Bohea Tea and 1/15 of a dollar per lb. on all finer India teas, imported as aforesaid [after — in addition to the five per cent. above mentioned.] 1

1 The words in brackets are in the writing of Charles Thomson. On the printed copy is the following marginal note in manuscript: March 11, 1783, recommitted with the estimate of the public debt by the Superintendant of finance and that part of his letter which proposes that the impost of five per cent. ad valorem be exchanged for a tariff.

Provided, That none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts which shall have been contracted on the faith of the United States, for supporting the present war, nor be continued for a longer term than twenty-five years; and provided, that the collectors of the said duties shall be appointed by the states within which Passed. 2 their offices are to be respectively exercised; but, when so appointed, shall be amenable to and removable by the United States in Congress assembled alone, and in case any State shall not make such appointment within after notice given for that purpose, the appointment may then be made by the United States in Congress assembled.

2 With slight amendment. See post , ApriI 18.

And provided further that an account of the proceed and application of the said revenues be returned to the different states annually. 3

3 This paragraph is in the writing of Charles Thomson.

That it be further recommended to the several states, to establish for a like term, not exceeding twenty-five years, and to appropriate to the discharge of the interest and principal of the Recommitted 21 March, 1783, and a report adopted in the room hereof. debts which shall have been contracted on the faith of the United States, for supporting the present war, substantial and effectual revenues of such nature as they may respectively judge most convenient, to the amount of and in the proportions following, viz. 4 .

4 The following proportions, in the writing of Thomas FitzSimons were offered, but, apparently, not adopted. They are in the Papers of the Continental Congress , No. 26, folio 413.

New Hampshire 80,000

Massachusetts 320,000

Rhode Island and Providence Plantations 48,000

Connecticut 222,000

New York 90,000

New Jersey 110,000

Pennsylvania 300,000

Delaware 28,000

Maryland 220,000

Virginia 290,000

North Carolina 148,000

South Carolina 120,000

Georgia 24,000

2,000,000

0180 172

That an annual account of the proceeds and application of the aforementioned revenues, shall be made out and transmitted to the several states, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each State. 1

1 This paragraph is added in the report, in the writing of Charles Thomson.

The said revenues to be collected by persons appointed as aforesaid, but to be carried to the separate credit of the states within which they shall be collected, and be liquidated and adjusted among the states according to the quotas, which may from time to time be allotted to them.

That none of the preceding resolutions shall take effect until all of them shall be acceded to by every State, after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them without the concurrence of the whole, or of a majority of the United States in Congress assembled, provided that after the unanimous accession to all the preceding resolutions, the proposed alterations in the 8th of the Articles of Confederation shall not hereafter be revoked or varied otherwise than is pointed out in the 13th of the said Articles.

That as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress, of the 6 of September, and 10 of October, 1780, relative to territorial cessions, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliances.

That in order to remove all objections against a retrospective application of the constitutional rule, of apportioning proportioning to the several states, the charges and expences which shall have been 0181 173 supplied for the common defence or general welfare, it be recommended to them to enable Congress to make such equitable Negatived. exceptions and variations abatements as the particular circumstances of the states from time to time during the war may be found to require.

That conformably to the liberal principles on which these recommendations are founded, and with a view to a more amicable and complete adjustment of all accounts between the United States and individual states, all reasonable expences which shall have been incurred by the states separately without the sanction Recommitted March 27. of Congress, in their defence against, or attacks upon British or savage enemies, either by sea or by land, and which shall be supported by satisfactory proofs, shall be considered as part of the common charges incident to the present war, and be allowed as such:

That as a more convenient and certain rule of fixing ascertaining the proportions to be supplied by the states respectively to the common treasury, the following alteration in the Articles of Confederation and perpetual union between the states, be and the same is hereby agreed to in Congress, and the several states are advised, to authorize their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit:

So much of the eighth of the Articles of Confederation and perpetual union between the thirteen states of America, as is contained in the words following to wit:

“All charges of war,” &c., (to the end of the paragraph), is hereby revoked and made void; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and [all other expences Struck out March 28. that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states,] 1 in proportion to the number of inhabitants of every age, sex and condition, except Indians not paying taxes in each State; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint; provided always, that in such numeration no persons shall be included who are deemed slaves bound

1 The portion in brackets was added to the report in the writing of Charles Thomson.

0182 174 to servitude for life, according to the laws of the State to which they belong, other than such as may be between the ages of / / 1

1 This report in the writing of James Madison, is in the Papers of the Continental Congress , No. 26, folios 438–440. It was presented on March 6, ordered to be printed, and the printed copy was in the members' hands on March 7. See post Madison's Notes. Printed copies are on folios 411, 412 and 413.

War Office , March 5 th . 1783

Sir ,

There are many officers who have been wounded in the service of the United States, who are thereby rendered incapable of farther duty either in the field or in garrison, and who wish to retire from the army. No other provision has been made for such officers than what they may receive by annexing themselves to the Corps of Invalids.

This is distressing to the individuals and expensive to the public.

I beg leave to suggest the propriety of permitting those officers, who have been wounded in service and who wish to leave the army to retire to their respective homes with allowances proportioned in some measure to their inability. 2

2 This report is in the Papers of the Continental Congress , No. 149, II, folio 315. According to the indorsement it was referred on this day to Mr. [Alexander] Hamilton, Mr. [Richard] Peters and Mr. [Daniel] Carroll. See ante , December 19, 1782, note.

War Office March 5 th 1783

Sir ,

On the petition of Captain Buchanan referred to the Secretary at War, I beg leave to submit the following draught of a resolve to the consideration of Congress:

Resolved , That it be recommended to the State of New York to settle the depreciation of pay due to Captain Buchanan and charge the same to the United States. 3

3 This report is in the Papers of the Continental Congress , No. 149, II, 323. According to the indorsement it was negatived on this day.

War Office , March 5th 1783 .

Sir ,

It appears from authenticated papers lodged with me by Colonel Broadhead, that twelve or thirteen actions have been commenced, and are still pending against him in the County of Westmoreland, Pennsylvania for certain transactions to which I conceive he was authorised as commanding officer of Fort Pitt, by the resolves of Congress and instructions from the Board of War.

Congress on the 18th of April, 1780, resolved that Colonel Broadhead should be supported by them in any act or orders, which the 0183 175 nature of the service and the discharge of his duty as commanding Officer of Fort Pitt had made or should make necessary.

It appears likewise that he has expended considerable sums of money in presents to the Indians to conciliate their affections, and that he was involved in an extra expence by attending a Court-Martial in this City.

On the whole of his memorial, as referred to me, I beg leave to submit the following draught of a resolve to the consideration of Congress:

Resolved , That the Comptroller be directed to settle the accounts of Colonel Daniel Broadhead for the money he has expended in the several actions brought against him in the County of Westmoreland, for certain public transactions of his while commanding Officer at Fort Pitt, for the money he has advanced in presents to the Indians and for the necessary expences which he incurred in this City, over and above the amount of his subsistence while attending on a Court-Martial.

Should Colonel Broadhead be involved in any farther expences on the actions aforesaid,

Ordered , That he report the same to Congress. 1

1 This report is in the Papers of the Continental Congress , No. 149, II, folio 327. According to the indorsement it was referred on this day to Mr. [Abraham] Clark, Mr. [Eliphalet] Dyer and Mr. [John] Rutledge.

On this day, as the indorsement indicates, was read a letter of the same date from Pierre Eugene Du Simitière, praying to have his packet of prints delivered free of postage. The indorsement adds: “prayer granted”. This letter is in No. 78, XXI, folio 289.

FRIDAY, MARCH 7, 1783

On the report of a committee, consisting of Mr. [John] Rutledge, Mr. [Nathaniel] Gorham and Mr. [Thomas] Fitzsimmons, to whom was referred a letter of the 14 October last from Dr. Franklin, so far as it relates to the mode of paying the salaries of the ministers and other officers of the United States in Europe:

Resolved , That the salaries of the ministers and other officers of the United States in Europe, be estimated in future in dollars, at the rate of four shillings and six pence sterling per dollar:

0184 176

That they be paid in bills of exchange upon France or Holland, at the rate of five livres, five sous tournois per dollar, without regard to the variations which may be occasioned by the course of exchange:

That these resolutions retrospect to the first day of January, 1782, when the salaries of the said officers were made payable in America; and that the excess beyond the said net sum in bills of exchange, which has accrued or which shall accrue upon the quarter due on the first day of January last, be carried to the credit of the United States, and accounted for by the Secretary for Foreign affairs, in the adjustment of the accounts of his department on the first day of April next. 1

1 This report was also entered in the manuscript Secret Journal, Foreign Affairs. The report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 19, II, folio 345. According to the indorsement, it is the report of Mr. [Samuel] Osgood, Mr. [John] Rutledge and Mr. [Samuel] Wharton, they being the members of the committee appointed December 27, 1782, on Doctor Franklin's letter of October 14, as shown by Committee Book No. 186; but, on February 26, as shown by the same record, Mr. [Nathaniel] Gorham and Mr. [Theme] FitzSimons were appointed in place of Osgood and Wharton.

On motion of Mr. [Eliphalet] Dyer, seconded by Mr. [Oliver] Wolcott,

Ordered , That the report of the committee to whom were referred two paragraphs of the report of the grand committee on a memorial from the officers of the army, be committed.

War Office , March 6 th 1783 .

Sir ,

On the system of the Quarter Master's Department referred to me, I beg leave to report that I have compared the allowances of forage, waggons, and bat horses to the officers as proposed therein with the several resolves of Congress by which officers are entitled to this provision and I find them correspondent excepting in the allowances to the Adjutant General's Department—the officers of which are entitled by the resolve of the first of August last to a greater proportion than the proposed system provides for—in this instance I would recommend that the system should accord with the resolve alluded to.

0185 177

The system proposes certain alterations in the allowance to officers whose supplies of forage, waggons and bat horses have not been so fixed by any resolve as to constitute a claim to any particular allowance. These alterations are pointed out by the Quarter Master as necessary, and as they result from experience I think it would be well to adopt them.

The adoption of the system is otherwise eligible, as it will facilitate business, by bringing into one view all the allowances of forage, waggons, and bat horses which have been granted by the several resolves of Congress, to which reference must be had if the proposed system should not be passed. 1

1 This report is in the Papers of the Continental Congress , No. 149, II, folio 319. According to the indorsement it was read on this day and entered.

MONDAY, MARCH 10, 1783

Mr. Eleazer McComb and Mr. Gunning Bedford, two delegates for the State of Delaware, attended, and produced the credentials of their appointment, by which it appears, that on the first day of February, 1783, the honble Cæsar Rodney, James Tilton, Eleazer McComb and Gunning Bedford, jun r . esqrs. were elected delegates to represent the said State in the Congress of the United States of America.

In The General Assembly Of The Delaware State , Saturday, P. M. February 1, 1783 .

The Council and House of Assembly proceeded, by joint Ballot, to the choice of Delegates to represent this State in the Congress of The United States of the The United States of America for the ensuing year, and the Box containing the Ballots being examined by the Speakers of both Houses, in the Presence of the Members, The Honorable Caesar Rodney, James Tilton, Eleazer McComb and Gunning Bedford, Jun r Esquires, are declared duly elected.

Extract from the Minutes,

Ja s Booth Clk of Assembly . 2

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

This is to certify that on the twenty seventh day of November seventeen hundred and eighty two the Honourable Thomas Sire Lee, Daniel Carroll, William Hemsley and Edward Giles Esquires were 0186 178 elected by the joint Ballot of the Senate and House of Delegates to represent the State of Maryland in Congress for the ensuing Year.

Test.

Ja. Maccubin Cl. Sen .

W m . Harwood , Cl. Ho. Del . 1

1 he original is in the Papers of the Continental Congress , Maryland, Credentials of Delegates . It was entered in No. 179, Record of Credentials , and not in the Journal. According to the entry in No. 179, it was read March 10.

The committee, consisting of Mr. [Daniel] Carroll, Mr. [Eliphalet] Dyer and Mr. [Thomas] Mifflin, to whom was referred the report of the committee on two paragraphs of a report of the grand committee, brought in a report:

The committee to whom was referred the report of the committee, respecting the commutation of half pay,

Report, that having maturely considered the several objections which have been made, they do not find them of sufficient weight to induce your committee to propose any other alteration than by striking out the last clause in the said report. 2

2 This report in the writing of Daniel Carroll, is in the Papers of the Continental Congress , No. 21, folio 323. It is undated. Indorsed on the report is the following in the writing of Theodorick Bland:

“in case the officers of the army or a majority of them will agree to accept the same, to be certified to Congress by a committee from the whole army, authorised for that purpose to consist of a member from each line.”

And the report of the committee being taken into consideration and amended so as to read as follows:

“That such officers as are now in service, and continue therein to the end of the war, shall be entitled to receive the sum of five years' full pay in money, or securities on interest at six per cent. per annum, at the option of Congress, instead of the half pay promised for life by the resolution of the 21 of October, 1780: the said securities to be such as shall be given to the other creditors of the United States; provided that it be at the option of the lines of the respective states, and not of officers individually in those lines, to accept or refuse the same: that all officers who have retired from service upon the promise of half pay for life, shall be 0187 179 entitled to the benefits of the above resolution; provided that those of the line of each State, collectively, agree thereto: that the same commutation shall extend to the corps not belonging to the lines of particular states, the acceptance or refusal to be determined by corps: that all officers entitled to half pay for life, not included in the above resolution, may collectively agree to accept or refuse the commutation.”

On the question to agree to the report, thus amended, the yeas and nays being required by Mr. [John Francis] Mercer,

New Hampshire, Mr. Gilman, no no White, no Massachusetts, Mr. Holten, ay Osgood, ay ay Gorham, ay Higginson, ay Rhode Island, Mr. Collins, no no Arnold, no Connecticut, Mr. Wolcott, ay div. Dyer, no New York, Mr. Floyd, ay ay Hamilton, ay New Jersey, Mr. Boudinot, ay Clark, no no Condict, no Pennsylvania, Mr. Mifflin, ay Fitzsimmons, ay Wilson, ay ay Montgomery, ay Peters, ay Delaware, Mr. McComb, ay ay Bedford, ay Maryland, Mr. Lee, ay Carroll, ay ay Hemsley, ay Virginia, Mr. Jones, ay Madison, ay Bland, ay ay Lee, ay Mercer, no North Carolina, Mr. Hawkins, ay ay Williamson, ay South Carolina, Mr. Rutledge, ay Ramsay, ay ay Izard, ay

So the question was lost.

0188 180

That a committee be appointed to consider the most proper means of cherishing genius and useful arts through the United States by securing to the authors or publishers of new books their property in such works. 1

1 This motion, in the writing of Hugh WilIiamson, is in the Papers of the Continental Congress , No. 36, II, folio 113. The indorsement indicates that it was offered this day and referred to Mr. [Hugh] Williamson, Mr. [Ralph] Izard and Mr. [James] Madison. See post May 2.

Office Of Finance , 10th March, 1783 .

Sir ,

I do myself the Honor to Enclose according to the Order of Congress a List of the several officers employed in the Department of Finance and Marine. I must observe that the Clerks Business of the Marine Office is done by the Clerks in my Office the Business of which may be divided into three Parts the Receipt Expenditure and Accounts and of these the last may be divided into two Parts viz: the accounts preceeding and those subsequent to my administration. The latter can be adjusted by the officers of the Treasury and alone constitute a permanent Expence. The former is unhappily necessary by the loose Mode in which the public Business was at first conducted but it will cease with the Settlement of the Old Accounts which I earnestly wish were accomplished. 2

2 This report is in the Papers of the Continental Congress , No. 137, II, folio 175. Filed with it are the lists of civil officers in the department of Finance and Marine; and also a list of officers employed for the receipt of Public Revenue in the various states, and a list of the officers in the Department of the Treasury, including the Commissioners for settling the accounts between the individual states and the United States. All these lists give names and salaries, and, together with similar lists of the officers employed in the office of the Secretary of Congress, and in the Department of Foreign Affairs, were entered in No. 12, Book of Estimates, with the Order of Congress, of February 18, which called for these reports.

Office Of Finance , 10th March, 1783 .

Sir

In Consequence of the Order of Congress of the eighteenth of last Month I do myself the Honor to enclose an Estimate of the Principal of the Public Debt to the first Day of January, 1783, which has been transmitted to me by the Register of the Treasury. This amounts to thirty five Million three hundred and twenty seven thousand seven hundred and sixty nine Dollars and fifty three and one eight ninetieths exclusive of what he calls the unliquidated 0189 181 Debt being the Monies due to the several States and to individuals in the several States. I beg Leave also to mention other Debts which have not been. taken into the Register's Contemplation, namely, the old continental Bills and Arrearages of Half Pay. Congress will easily see that it is not in the Power of their Servants to state the public Debts with any tolerable Precision. 1

1 This report is in the Papers of the Continental Congress , No. 137, II, folio 195. The various estimates are filed with it, and are entered in No. 12, Book of Estimates, with the Order of Congress, of February 18, which called for the report.

The Superintendant of Finance to whom was referred the Memorial of Philip [Phillips] White begs leave to report,

That as both loan office certificates and lottery tickets are from the nature thereof the property of the bearer it is absolutely necessary that the destruction as well as the loss of them should be clearly proved before any remedy can be granted to the loser. 2

2 This report is in the Papers of the Continental Congress , No. 137, II, folio 209. The indorsement says it was read and entered on this day and on the 29th referred to Mr. [Thomas] FitzSimons, Mr. [James] Madison, and Mr. [Abraham] Clark. According to Committee Book No. 186, the committee reported April 1.

On this day as the indorsement indicates, was read a letter of March 8 from the Superintendent of Finance on the report of the committee on Finance, and on March 11 it was referred to Mr. [Nathaniel] Gorham, Mr. [Alexander] Hamilton, Mr. [James] Madison, Mr. [Thomas] FitzSimons, and Mr. [John] Rutledge. It is in No. 137, II, folios 151–159.

Also a letter of March 10 from the Secretary at War, enclosing an extract of a letter, of February 2, from General Greene. It is in No. 149, II, folio 333, and the extract from Greene's letter on folio 331.

Also, on this or an approximate date, a letter of March 10 from the Superintendent of finance, enclosing a copy of a letter, dated February 2, from General Greene on the con