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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, AUGUST 20, 1776
A letter of the 18th, from General Washington, with sundry papers enclosed, was laid before Congress, and read:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, II, folio 433.]
Resolved, That the same be referred to a committee of five:
The members chosen, Mr. [Thomas] Jefferson, Mr. [Benjamin] Franklin, Mr. [Edward] Rutledge, Mr. J[ohn] Adams, and Mr. [William] Hooper.
A petition from Harduin Mertlet, was presented to Congress, and read,
Resolved, That it be referred to the Canada committee.
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The committee to whom was referred, the petition of Dr. Stringer, brought in their report, which was taken into consideration; whereupon,
Resolved, That Dr. Morgan was appointed director general and physician in chief of the American hospital:
That Dr. Stringer was appointed director and physician of the hospital in the northern department only.
That every director of a hospital possesses the exclusive right of appointing surgeons and hospital officers of all kinds, agreeable to the resolutions of Congress of the 17 of July, in his own department, unless otherwise directed by Congress:
That Dr. Stringer be authorized to appoint a surgeon for the fleet now fitting out upon the lakes:
That a Druggist be appointed in Philadelphia, whose business it shall be, to receive and deliver all medicines, instruments, and shop furniture for the benefit of the United States:
That a salary of thirty dollars a month be paid to the said druggist for his labour.
Congress proceeded to the election of a druggist, and, the ballots being taken, Dr. William Smith was elected.
The Board of Treasury reported, that there is due,
To Joseph Haight, for sundry supplies of provisions and wood for the British prisoners at Burlington, from the 10th June to the 18th July last, two hundred and seventy seven dollars and 36/90 of a dollar:
Ordered, That the same be paid
A letter from Mease and Caldwell was laid before Congress, and read:
Resolved, That it be referred to a committee of three:
The members chosen, Mr. [George] Walton, Mr. [Robert] Morris, and Mr. [Robert Treat] Paine.
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Congress resolved itself into a committee of the whole to take into their farther consideration the Articles of Confederation; and after some time, the president resumed the chair, and Mr. [John] Morton reported, that the committee having had under consideration the articles of Confederation, had gone through the same, [and] have agreed to sundry articles, which he was ordered to submit to Congress.
The report of the committee being read,
of Confederation and Perpetual Union, between the Colonies2[Note 1: 1 A copy of this second printed issue of the Articles of Confederation is in thePapers of the Continental Congress, No. 47, folio 29. In order to show more clearly the changes made in the text while under consideration, the first printed form (see note under July 12,ante,) is printed in parallel with the second reported this day.
A copy of the first issue is in Jefferson Papers, with manuscript changes in the writing of Thomas Jefferson. These changes, except in the cases mentioned in the notes, follow those that are made by Thomson during the consideration of the Articles before August 20, and are thus embodied in the second printed form.
Jefferson made some notes on the debates, which are printed at the end of this year's journals.]
of[Note 2: 2 This word was changed to "States" in the second printed form of the Articles.]
Massachusetts-Bay,
Rhode-Island,
Connecticut,
New-York,
New-Jersey,
Pennsylvania,
Maryland,
Virginia,
North-Carolina,
South-Carolina, and
Georgia.
Art. I. THE Name Confederacy shall be "The United States of America."
Art. II. The said Colonies unite themselves so as never to be divided by any Act whatever and hereby severally enter into a firm League of Friendship with each
Art. I. THE Name of this of this Confederacy shall be "The United States of America."
Art. II. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual
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[Note 2: 2 On the Dickinson manuscript Thomson has written "agreed" against this article.]
Art. III. Each Colony shall retain and enjoy as much of its present Laws, Rights and Customs, as it may think fit, and reserves to itself the sole and exclusive Regulation and Government of its internal police, in all matters that shall not interfere with the Articles of this Confederation.
Art. IV. No Colony or Colonies, without the Consent of the United States assembled, shall send any Embassy to or receive any Embassy from, or enter into any Treaty, Convention or Conference with the King or Kingdom of Great-Britain, or any foreign Prince or State; nor shall any Colony or Colonies, nor any Servant or Servants of the United States, or of any Colony or Colonies, accept of any Present, Emolument, Office, or Title of any Kind whatever, from the King or Kingdom of Great-Britain, or any foreign Prince or State; nor shall the United States assembled, or any Colony grant any Title of Nobility.
[Note 1: 1 The Jefferson copy here adds "by any power foreign to this confederacy."]
Art. III. Each State reserves to itself the sole and exclusive regulation and government of its internal police, in all matters that shall not interfere with the articles of this Confederation.
Art. IV. No State, without the consent of the United States in Congress Assembled, shall send any Embassy to or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State; nor shall any person holding any office of profit or trust under the United States or any [of] them, accept of any present, emolument, office, or title of any kind whatever, from any King, Prince or foreign State; nor shall the United States Assembled, or any of them, grant any title of nobility.
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[Note 1: 1 On the Dickinson manuscript Thomson has written "agreed" against this article.]
Art. VI. The Inhabitants of each Colony shall henceforth always have the same Rights, Liberties, Privileges, Immunities and Advantages, in the other Colonies, which the said Inhabitants now have, in all Cases whatever, except in those provided for by the next following Article.
Art. VII. The Inhabitants of each Colony shall enjoy all the Rights, Liberties, Privileges, Immunities, and Advantages, in Trade, Navigation, and Commerce, in any other Colony, and in going to and from the same from and to any Part of the World, which the Natives of such Colony enjoy.
Art. VIII. Each Colony may assess or lay such Imposts or Duties as it thinks proper, on Importations or Exportations, provided such Imposts or Duties do not interfere with any Stipulations in Treaties hereafter entered into by the United States assembled, with the King or Kingdom of Great-Britain, or any foreign Prince or State.
Art. VI. No State shall lay any imposts or duties which may interfere with any stipulations in treaties hereafter entered into by the United States Assembled with any King, Prince or State.
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Art. X. When Troops are raised in any of the Colonies for the common Defence, the Commission Officers proper for the Troops raised in each Colony, except the General Officers, shall be appointed by the Legislature of each Colony respectively, or in such manner as shall by them be directed.
Art. XI. All Charges of Wars and all other Expences that shall be incurred for thepostponed common Defence, or general Welfare, and allowed by the United States assembled,
Art. VIII. When land forces are raised by any State for the common defence, all officers of or under the rank of Colonel, shall be appointed by the legislatures of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.
Art. IX. 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 Assembled, shall be defrayed out of
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[Note 1: 1 On the Dickinson manuscript Thomson wrote first "Postponed" and then "agreed" against this article.]
Art. XII. Every Colony shall abide by the Determinations of the United States assembled, concerning the Services performed and Losses or Expences incurred by every Colony for the common Defence or general Welfare, and no Colony or Colonies shall in any Case whatever endeavor by Force to procure Redress of any Injury or Injustice supposed to be done by the United States to such Colony or Colonies in not granting such Satisfactions, Indemnifications, Compensations, Retributions, Exemptions, or Benefits of any Kind, as such Colony or Colonies may think just or reasonable.
Art. X. Every State shall abide by the determinations of the United States in Congress Assembled, on all questions which by this Confederation are submitted to them.
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[Note 1: 1 On the Dickinson manuscript Thomson has written "agreed" against this article.]
Art. XIV. No Purchases of Lands, hereafter to be made of the Indians by Coloniespostpd. or private Persons before the Limits of the Colonies are ascertained, to be valid: All Purchases of Lands not included within those Limits, where ascertained, to be made by Contracts between the United States assembled, or by Persons for that Purpose authorized by
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[Note 1: 1 On the Dickinson manuscript Thomson has written "postponed till the 18 article is considered" against this article.
On the Dickinson manuscript is a slip in the writing of Thomas Jefferson which reads:
"Amendment proposed.
Art. XIV. No purchases hereafter to be made by individual States or persons of lands on this continent not within the boundaries of any of these United states, shall be valid: but all purchases of such lauds shall be made by contract between the United states assembled or persons authorized by them, and the great Councils of the Indians; and when purchased shall be given freely to those who may be permitted to seat them."]
Art. XV. When the Boundaries of any Colony shall be ascertained by Agreement,postpd. or in the Manner herein after directed, all the other Colonies shall guarantee to such Colony the full and peaceable Possession of, and the free and entire Jurisdiction in and over the Territory included within such Boundaries.2
[Note 2: 2 On the Dickinson manuscript Thompson has written "postponed till the 18 article is considered," against this article.]
Art. XVI. For the more convenient Management of the general Interests of the United States, Delegates should be annually appointed in such Manner as the Legislature of each Colony shall direct, to meet at the City of Philadelphia, in the Colony of Pennsylvania, until otherwise ordered by the United States assembled; which Meeting shall be on the first Monday of November in every Year, with a Power reserved to those who appointed the said Delegates, respectively to recal
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Art. XVII. In determining Questions each Colony shall have one Vote.1
[Note 1: 1 On the Dickinson manuscript Thompson wrote first "postponed" and then "agreed" against this article.]
Art. XVIII. The United States assembled shall have the sole and exclusive Right and Power of determining on Peace and War, except in the Cases mentioned in the thirteenth Article--Of establishing Rules for deciding in all Cases, what Captures on Land or Water shall be legal--In what Manner Prizes taken by land or naval Forces in the Service of the United States shall be divided or appropriated--Granting Letters of Marque and Reprisal in Times of Peace--Appointing Courts for the Trial of all Crimes, Frauds and Piracies committed on the High Seas, or on any navigable River, not within the Body of a County or Parish--Establishing Courts for receiving and determining finally Appeals in all Cases of Captures--Sending and receiving ambassadors under any character--Entering into Treaties and Alliances--Settling all Disputes
Art. XIII. In determining questions each State shall have one vote.
Art. XIV. The United States Assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the eleventh article--Of establishing rules for deciding in all cases, what captures on land or water shall be legal--In what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated--granting letters of marque and reprisal in times of peace--appointing Courts for the trial of piracies and felonies committed on the high seas-establishing Courts for receiving and determining finally appeals in all cases of captures--sending and recieving Ambassadors--entering into treaties and alliances--deciding all disputes and differences now subsisting, or that hereafter may arise between two or more States concerning boundaries, jurisdictions, or any other cause
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--Limiting the Bounds of those Colonies, which by Charter or Proclamation,postpd. or under any Pretence, are said to extend to the South Sea, and ascertaining those Bounds of any other Colony that appear to be indeterminate--Assigning Territories for new Colonies,postpd. either in Lands to be thus separated from Colonies and heretofore purchased or obtained by the Crown of Great-Britain from the Indians, or hereafter to be purchased or obtainedpostpd. from them--Disposing of all such Lands for the general Benefit of all the United Colonies--Ascertaining Boundaries topostpd. such new Colonies, within which Forms of Government are to be established on the Principles of Liberty--Establishing and regulating Post-Offices throughout all the United Colonies, on the Lines of Communication from one Colony to another[Note 1: 1 On the Dickinson manuscript Thompson has written "agreed" against the first part of this article, and "postponed" against the part from "Limiting" to "Principles of Liberty."]
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The United States assembled shall have Authority for the Defence and Welfare of the United Colonies and every of them, to agree upon and fix the necessary Sums and Expences--To emit Bills, or to borrow Money on the Credit of the United Colonies--To raise Naval Forces--To agree upon the Number of Land Forces to be raised, and to make Requisitions from the Legislature of each Colony, or the Persons therein authorized by the Legislature to execute such Requisitions, for the Quota of each Colony, which is to be in Proportion to the Number
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But if the United States assembled shall on Consideration of Circumstances judge proper, that any Colony or Colonies should not raise Men, or should raise a smaller Number than the Quota or Quotas of such Colony or Colonies, and that any other Colony or Colonies should raise a greater number of men than the Quota or Quotas thereof, such extra-numbers shall be raised, officered, armed and equiped in the same Manner as the Quota or Quotas of such Colony or Colonies, unless the Legislature of such Colony or Colonies respectively, shall judge, that such extra-numbers cannot be safely spared out of the same, in which Case they shall raise, officer, arm and equip as many of such extra-numbers as they judge can be safely spared; and the Officers
But if the United States in Congress Assembled shall on consideration of circumstances judge proper, that any State or States should not raise men, or should raise a smaller number than the quota or quotas of such State or States. and that any other State or States should raise a greater number of men than the quota or quotas thereof, such extra-numbers shall be raised, officered, armed and equipped in the same Manner as the quota or quotas of such State or States, unless the legislature of such State or States respectively, shall judge, that such extra-numbers cannot be safely spared out of the same, in which case they shall raise, officer, arm and equip as many of such extra-numbers as they judge can be safely spared; and the
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To establish the same Weights and Measures throughout the United Colonies.
But the United States assembled shall never impose or levy any Taxes or Duties, except in managing the Post-Office, nor interfere in the internal Police of any Colony, any further than such Police may be affected by the Articles of this Confederation. The United States assembled shall never engage the United Colonies in a War, nor grant Letters of Marque and Reprisal in Time of Peace, nor enter into Treaties or Alliances, nor coin Money nor regulate the Value thereof, nor agree upon nor fix the Sums and Expences necessary for the Defence and Welfare of the United Colonies, or any of them, nor emit Bills, nor borrow Money on the Credit of the United Colonies, nor raise Naval Forces, nor agree upon the Number of Land Forces to be raised, unless the Delegates of nine Colonies freely assent to the same: Nor shall a Question on any other Point, except for adjourning be determined, unless the Delegates of seven Colonies vote in the affirmative.
No Person shall be capable of being a Delegate for more than three Years in any Term of six Years.
The United States in Congress Assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances except for peace, nor coin money nor regulate the value thereof, nor agree upon nor fix the sums and expences necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a Commander in Chief of the army or navy, unless nine States assent to the same: Nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States.
No person shall be capable of being a Delegate for more than three years in any term of six years.
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The Assembly of the United States to publish the Journal of their Proceedings monthly, except such Parts thereof relating to Treaties, Alliances, or military Operations, as in their Judgment require Secrecy--The Yeas and Nays of the Delegates of each Colony on any Question to be entered on the Journal, where it is desired by any Delegate; and the Delegates of a Colony, or any of them, at his or their Request, to be furnished with a Transcript of the said Journal, except such Parts as are above excepted, to lay before the Legislatures of the several Colonies.
Art. XIX. The Council of State shall consist of one Delegate from each Colony, to be named annually by the Delegates of each Colony, and where they cannot agree, by the United States assembled.
This Council shall have Power to receive and open all Letters directed to the United States, and to return proper Answers; but not to make any Engagements that shall be binding on the United States--To correspond with the Legislature of every Colony, and all Persons acting under the Authority of the United States, or of
The Assembly of the United States to publish the Journal of their Proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy, the yeas and nays of the Delegates of each State on any question to be entered on the Journal, when it is desired by any Delegate; and the Delegates of a State, or any of them, at his or their request, to be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several States.
Art. XV. The Council of State shall consist of one Delegate from each State, to be a named annually by the Delegates of each State, and where they cannot agree, by the United States assembled.
This Council shall have power to receive and open all Letters directed to the United States, and to return proper Answers; but not to make any engagements that shall be binding on the United States--To correspond with the legislature of every State, and all persons acting under the authority of the United States, or of the said
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Art. XX. Canada acceding to this Confederation, and entirely joining in the Measures of the United Colonies, shall be admitted into and entitled to all the Advantages
Art. XVI. Canada acceding to this Confederation, and entirely joining in the measures of the United States,1
shall be admitted into and entitled to all the advantages[Note 1: 1 The Jefferson copy here inserts: "and all new colonies to be established by the United States assembled."]
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These Articles shall be proposed to the Legislatures of all the United Colonies, to be by them considered, and if approved by them, they are advised to authorize their Delegates to ratify the same in the Assembly of the United States, which being done, the Articles of this Confederation shall inviolably be observed by every Colony, and the Union is to be perpetual: Nor shall any Alteration be at any Time hereafter made in these Articles or any of them, unless such Alteration be agreed to in an Assembly of the United States, and be afterwards confirmed by the Legislatures of every Colony.
These Articles shall be proposed to the legislatures of all the United States, to be by them considered, and if approved by them, they are advised to authorize their Delegates to ratify the same in the Assembly of the United States, which being done, the Articles of this Confederation shall inviolably be observed by every State, and the Union is to be perpetual: Nor shall any alteration at any time hereafter be made in these Articles or any of them, unless such alteration be agreed to in an Assembly of the United States, and be afterwards confirmed by the Legislatures of every State.
Ordered, That eighty copies of the Articles of Confederation, as reported from the committee of the whole, be printed under the same injunctions as the former articles were printed, and delivered to the members under the like restrictions as formerly.
Resolved, That Mr. Hamilton Young be permitted to reside in Pensylvania, till the farther orders of Congress.
The committee appointed to prepare a device for a great seal for the United States, brought in the same, with an explanation thereof:
The great Seal sh'd on one side have the Arms of the United States of America, which Arms should be as follows: The Shield has six Quarters, parti one, coupé two. The 1st. Or, a Rose enamelled gulps and argent for England: the 2d argent, a Thistle proper, for Scotland:
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the 3d. Verd, a Harp Or, for Ireland: the 4th Azure a Flower de Luce Or for France: the 5th Or, the Imperial Eagle Sable for Germany: and the 6th Or, the Belgic Lion gules for Holland, pointing out the Countries from which these States have been peopled. The Shield within a Border Gules entoire of thirteen Scutcheons argent linked together by a chain Or, each charged with initial Letters Sable as follows: 1st N. H. 2d M. B. 3d R. I. 4th C. 5th N. Y. 6th N. J. 7th P. 8th D. C. 9. M. 10th V. 11th N. C. 12th S. C. 13 G. for each of the thirteen independent States of America.
Supporters, dexter the Goddess Liberty in a corselet of armour alluding to the present Times, holding in her right Hand the Spear and Cap, and with her left supporting the Shield of the States; sinister, the Goddess Justice bearing a Sword in her right hand, and in her left a Balance.
Crest. The Eye of Providence in a radiant Triangle whose Glory extends over the Shield and beyond the Figures.
Motto. EPluribus Unum.
Legend, round the whole Atchievement. Seal of the United States of America MDCCLXXVI.
On the other side of the said Great Seal should be the following Device. Pharoah sitting in an open Chariot, a Crown on his head and a Sword in his hand passing through the divided Waters of the Red Sea in pursuit of the Israelites: Rays from a Pillow of Fire in the Cloud, expressive of the divine Presence and Command, beaming on Moses who stands on the Shore, and extending his hand over the Sea causes it to overwhelm Pharoah.
Motto. Rebellion to Tyrants is Obedience to God.1
[Note 1: 1 A copy of this report, in the writing of James Lovell, is in thePapers of the Continental Congress, No. 23, folio 143. The original idea was formed by Du Simitière, and his own account of it is in theJefferson Papers, Fifth Series, VIII, No. 3. It differs from the report printed above in some particulars:
The Coat of Arms of the States of America.
The Shield has six quarters, parti one, coupé two; to the first it bears OR, a rose ennamelled Gules and argent, for England; to the Second, argent a thistle proper, for Scotland; to the third vert, a harp OR, for Ireland; to the fourth azure, a flower de luce OR, for France; to the fifth or the Imperial Eagle Sable, for Germany; and to the Sixth OR, the belgic Lyon Gules, for Holland. (these being the Six principal nations of Europe from whom the Americans have originated.) this Shield within a border gules entoire of thirteen Escutcheons argent linked together by a chain OR, each charg'd with initial letters Sable, as follows.
1st NH. 2d MB. 3d RI. 4th C. 5th NY. 6th NJ. 7th P. 8th DC. 9th M. 10th V. 11th NC. 12th SC. 13th G. for each of the thirteen Independent States of America.
Supporters. dexter, the Goddess Liberty, in a corslet of armour, (alluding to the present times) holding in her right hand the Spear and Cap, resting with her left on an anchor, emblem of Hope. Senester, an american soldier, compleatly accoutred in his hunting Shirt and trowsers, with his tomahawk, powder horn, pouch &c. holding with his left hand his rifle gun rested, and the Shield of the States with his right.
Crest. the Eye of Providence in a radiant Triangle whose Glory extend over the Shield and beyond the Supporters.
Motto. E Pluribus Unum.
Legend. round the whole atchievement. Seal of the [thirteen] united [and independent] States of America. MDCCLXXVI.
In the Jefferson Manuscripts in the Library of Congress are two notes of suggestion on this seal. One in the writing of Franklin, and the other in that of Jefferson. Franklin's note reads:
"Moses [in the Dress of High Priest] standing on the Shore, and extending his Hand over the Sea, thereby causing the same to overwhelm Pharoah who is sitting in an open Chariot, a Crown on his Head and a Sword in his Hand. Rays from a Pillar of Fire in the Clouds reaching to Moses, [expressing] to express that he acts by [the] Command of the Deity.
"Motto, Rebellion to Tyrants is Obedience to God."
The note of Jefferson reads:
"Pharoah sitting in an open chariot, a crown on his head and a sword in his hand passing thro' the divided waters of the Red sea in pursuit of the Israelites: rays from a pillar of fire in the cloud, expressive of the divine presence, [reach] and command, reaching to Moses who stands on the shore and, extending his hand over the sea, causes it to over whelm Pharoah.
"Motto. Rebellion to tyrants is obedce to god."
Words in brackets were stricken out by the pen.
Jefferson merely noted a version of the Franklin suggestion. In theWritings of Jefferson (Ford), I, 420 is what purports to be a scheme of arms made in 1774, but the date assigned to it is doubtful. In a letter from John Adams to his wife, written August 14, 1776, he said:
"Doctor F. proposes a device for a seal. Moses lifting up his wand, and dividing the red sea, and Pharoah in his chariot over whelmed with the waters. This motto. 'Rebellion to tyrants is obedience to God.'
"Mr. Jefferson proposed, The children of Israel in the wilderness, led by a cloud by day, and a pillar of fire by night--and on the other side, Hengist and Horsa, the Saxon chiefs, from whom we claim the honor of being descended, and whose political principles and form of government we have assumed.
"I proposed, The choice of Hercules, as engraved by Gribelin, in some editions of Lord Shaftesbury's works. The hero resting on his club. Virtue pointing to her rugged mountain on one hand, and persuading him to ascend. Sloth, glancing at her flowery paths of pleasure, wantonly reclining on the ground, displaying the charms both of her eloquence and person, to seduce him into vice. But this is too complicated a group for a seal or medal, and it is not original."]
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Ordered, To lie on the table.
A letter of the 19th, from General Washington, was read.1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, II, folio 443.]
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Information being given to Congress that the Crews of some of the American vessels have risen against their captains, and piratically seized the vessels, and that one of them being carried into England, the pirates have been publickly countenanced, and the vessel and cargo taken by administration, and sent to victual their fleet and army in America:
Resolved, That a committee of three be appointed to enquire into the circumstances of the captures, and report thereon:
The members chosen, Mr. [Benjamin] Franklin, Mr. [Robert] Morris, and Mr. [Thomas] Jefferson.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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