| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, OCTOBER 27, 1777
Prayers.
The committee appointed to consider the letter from the honble. Stephen Hopkins, Esqr. and the proceedings of the committees from New Hampshire, Massachusetts bay, Rhode Island and Providence Plantations, Connecticut and New York, and for other purposes mentioned in a resolution of Congress of the 10 September last, brought in a report, which was read:
Ordered, To lie on the table.
A letter, of the 24, from General Washington, enclosing copy of a letter from Commodore Hazlewood dated 23; one, of the 23, from Samuel Ward, at Red Bank and of one, of the same date from Robert Ballard, were read:1
[Note 1: 1 The letter of Washington is in the Papers of the Continental Congress, No. 152, V, folio 147. It is printed in Writings of Washington (Ford), VI, 136.]
Ordered, That the same be referred to the Committee of Intelligence.
Congress resumed the consideration of the 14th article of confederation, ∥respecting the powers of Congress;∥ Whereon it was moved to strike out ∥these words,∥ "deciding all disputes and differences now subsisting or that concern hereafter may arise between two or more states concerning
Page 842 | Page image
boundaries, jurisdictions, or any other cause whatever," and insert instead thereof "the United States in Congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following; whenever the legislative or executive authority, or lawful agent of any State in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but, if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall in the presence of Congress be drawn out by lot; and the persons whose names shall be so drawn, or any five or them, shall be commissioners or judges to hear and finally determine the controversy; so always as a major part of the judges who shall hear the cause shall agree in the determination: And if either party shall neglect to attend, at the day appointed, without shewing reasons which Congress shall judge sufficient, or, being present, shall refuse to strike, the secretary of Congress shall do it in behalf of such party, and the judgment and sentence of the court to be appointed in the manner before prescribed shall be final and conclusive;
Page 843 | Page image
and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall, in like manner, be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress, for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, well and truly to hear and determine the matter in question according to the best of his judgment, without favour, affection, or hope of reward; provided, also, that no State shall be deprived of territory for the benefit of the United States." And the yeas and nays being required:
{table}
So it was resolved in the affirmative.1
[Note 1: 1 A copy of the proceedings on the Articles of Confederation is in the Papers of the Continental Congress, No. 47, folio 48.]
Adjourned to 4 o'Clock.
Page 844 | Page image
Four o'Clock, p.m.
Met.
Congress resumed the consideration of the 14 article of the confederation ∥last under debate.∥
It was moved to strike out in the 19 and 20 lines "not members of any of the states," and insert "not residing within the limits of any of the United States;" to this an amendment was moved to strike out the whole paragraph and insert, "managing all affairs relative to war and peace with all Indians not members of any particular State, and regulating the trade with such nations and tribes as are not resident within such limits wherein a particular State claims, and actually exercises jurisdiction:" after debate,
Resolved, That the farther consideration thereof be postponed till to morrow.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |