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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, NOVEMBER 11, 1777
Prayers.
A memorial, from the Chevalier Dorset, and a memorial from one of the officers who accompanied Monsr. du Coudray, were read:2
[Note 2: 2 Dorset's memorial is in the Papers of the Continental Congress, No. 41, II, folio 426. A letter, dated October 11, is on folio 16.]
Resolved, That a committee of three be appointed to take into consideration the applications of the commissioned and non-commissioned officers who accompanied Monsr. du Coudray from France; to revise the report of the treasury and the resolutions of Congress thereon respecting those officers; and as soon as possible report to Congress what farther sums, if any, they shall apprehend
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it just and expedient Congress should grant them; that the said committee also take into consideration the memorials of the Chevalier Dorset, and the application of any other foreign gentlemen now attending Congress:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Henry] Marchant, and Mr. [James] Duane.
Adjourned to 4 o'Clock.
Four O'Clock, p. m.
Met.
The Committee on the Treasury brought in a report: Whereupon,
Ordered, That a warrant issue in favour of Mr. John Brown, secretary to the Marine Committee, for 2,000 dollars, for the use of the said committee, who are to be accountable:1
[Note 1: 1 This report, dated November 7, is in the Papers of the Continental Congress, No. 136, I, folio 469.]
Ordered, That the president issue a warrant on Thomas Smith, Esqr. commissioner of the loan office for the State of Pensylvania, in favour of Matthew Irwin, agent to Joseph Trumbull, Esqr. late commissary general, for the sum of fifty thousand dollars, advanced in consequence of Mr J. Trumbull's letter of 14th August last, to enable him to pay his contracts for provisions, the said Joseph Trumbull to be accountable:
Ordered, That a warrant issue in favour of Elijah Etting, for 426 60/90 dollars, for the payment of Joseph Simon's order, dated Lancaster, 29 October last, in his favour, for blankets delivered Brigadier General Hand at Fort Pitt, for the use of the hospital there, Brigadier General Hand to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, I, folio 471.]
The committee appointed to take into consideration the
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new articles proper to be added to, or included in, the confederation, brought in a report which was read:
The Committee appointed to take into Consideration new articles proper to be added or included in the Confederation, beg leave to Report, the following ones as proper for that Purpose,1 viz:
[Note 1: 1 "Consideration" was substituted for "that Purpose" by Duane.]
Art. 1. That Freedom of Speech and Debate in Congress Agreed Shall not be impeached or questioned in any Court or Place out of Congress.
2. That the United States in Congress Assembled, shall have Power to censure and to fine any of their Members, the better to Expung'd enforce Obedience to the Rules and Orders of the House.2
[Note 2: 2 This paragraph was struck out in Congress.]
3. That if any Person charged or Suspected of any Crime committed in any State Shall flee or escape into another, upon Application of the Governor or Chief Justice of the former State to the Governor A. Substituted or Chief Justice of the latter, the said3 charged or Suspected Person shall be sent back for Tryal according to the Laws of the State he fled from.4
[Note 3: 3 "Person" substituted by Duane and "Person" after "suspected" struck out.]
[Note 4: 4 These last three words struck out, and "where the Crime shall have been committed" inserted by Duane. The paragraph was struck out in Congress.]
4. That full Faith and Credit shall be given in each of these States to the Records, Acts, and Judicial Proceedings of the Agreed Courts and Magistrates of every other State, and that an Action of Debt may lie in the Court of Law in any State for the Recovery of a Debt due on Judgment of any Court in any other State; provided the Judgment Creditor gives sufficient Bond with Sureties before Said Court before whom Action is brought to respond in Damages to the Adverse Party in Case the original Judgment Should be afterwards reversed and Set aside.5
[Note 5: 5 To this point the report is in the writing of Richard Law. Some verbal changes were introduced by Duane, and the paragraph then read as follows: "and that an Action of Debt may lie in a Court of Law of any State for the Recovery of a Debt due on a Judgment of any Court in any other State, provided the Judgment Creditor shall give Bond with sufficient Sureties before said Court, in which the said Action shall be brought to Answer in Damages to the Adverse Party, in case the original Judgment should he afterwards reversed and set aside." The paragraph beginning with the words "and that an Action, &c.," was struck out in Congress.]
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the Citizens of every State, going to reside in another State, Shall be entitled to all the rights and privileges of the natural born free Citizens of the State to which they go to reside; and the people of each State Shall have free egress and regress for their persons and property to and from every other State, without hinderance, molestation or imposition of any kind. Provided, that if Merchandize of any sort be imported for purposes of traffick within any State, that the person So importing Shall be liable to the Same imposts and duties as the people of the State are by law liable to where Such importations are made, and none other. And provided also that the benefit of this Article Shall extend to the property of the United States, and of any particular State, in the Same manner as to the property of an Individual in any State.2[Note 1: 1 "Recommitted from +" Henry Lanrens.]
[Note 2: 2 This paragraph is in the writing of Richard Henry Lee.]
States4[Note 3: 3 These two words added by Duane.]
(saveing to the Inhabitants of the respective States the Admission of their own Inhabitants and the Sole Management of their own municipal Affairs). And the People of each State shall have free Ingress and Egress for their Persons and Property to and from every other State, to trade and traffick, without any Hindrance or Imposition of any Kind whatsoever, provided that if any Merchandise or Commodity be imported into any State for the purpose of Traffick therein, the Person so importing shall be liable to the same Imposts and Duties as the People of the State are by Law liable to where such Importations are made and none other, provided also that the Benefit of this Article shall Extend to the property of the United States and of any particular State in the same Manner as to the property of an Individual.5[Note 4: 4 The letters "ag[reed]" were here inserted.]
[Note 5: 5 This form of the article, in the writing of Richard Law, is in the Papers of the Continental Congress, No. 47, folio 99-3.]
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friendship and intercourse between the people of the different States in this Union, the Inhabitants of every State [Paupers Vagabonds and fugitives from Justice excepted]2 going to reside in another State shall be entitled to all the rights and priviledges of the natural born free Citizens of the State to which they go to reside: And the people of each State shall have free [Ingress and Egress]2 for their persons and property to and from every other state without hinderance, or imposition of any kind, Provided that if Merchandise be imported [into any State]2[Note 1: 1 Inserted by James Duane.]
for purpose of traffick therein, the person so importing shall be liable to the same imposts and duties as the people of the State are by law liable to where such importations are made, and none other, And provided also that the benefit of this article shall extend to the property of the United States, and of any particular State, in the same manner as to the property of an Individual.3
[Note 3: 3 The paragraph was struck out in Congress.]
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7th. That all Controversies concerning the private Right of Soil claimed under different Grants of two or more States, whose Jurisdictions as it respects such Lands, and the States from whence the Grants in Question issued, are adjusted, the Title [on either part] of one of the Parties, being at the same time claimed to have originated antecedent to such Settlement of Jurisdiction, shall on [the last Resort] the Petition of either party to Congress be finally determined [on an Appeal to Congress] in the same manner as near as may be which is before prescribed for deciding disputes respecting territorial Jurisdiction between different States.1
[Note 1: 1 The words in brackets were struck out.]
7. That all controversies concerning the private Right of Soil claimed under different Grants of two or more States whose Jurisdictions, as they may [affect] respect such Lands and the States which passed such grants are adjusted; being at the same time claimed to have Originated antecedent to such Settlement of Jurisdiction, shall on the Petition of either party to Congress be finally determined in the Same manner, as near as may be, which is before prescribed for deciding Disputes respecting territorial Jurisdiction between different States.2
[Note 2: 2 The last three paragraphs are in the writing of James Duane. This report is in the Papers of the Continental Congress, No. 47, folio 97. The last paragraph was a substitute for the first form of No. 7.]
Ordered, That it be taken into consideration to morrow morning.
Congress proceeded to the election of a deputy commissary general of issues, for supplying the forts and posts on the western frontiers of Pensylvania and Virginia, and the ballots being taken,
John Erwing was elected.
The president laid before Congress a copy of a resolution passed in Congress on 18 September last, ordering commissions to be granted to a number of officers in the department of the commissary general of military stores, which was delivered to him by Colonel Flower, C. G. M. S. together with the list of the officers, who, notwithstanding the foregoing resolution, have not yet received their commissions;
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Whereupon, Ordered, That commissions be granted to the following persons in the department of the commissary general of military stores, with the dates annexed to their respective names, agreeable to the said list, viz.
Of the company to work in the laboratory inlisted to serve during the war as artillery men:
Of the company of artillery artificers inlisted to serve during the war to be attached to the artillery in the field:
Of the company of artillery artificers inlisted to serve for one year and ordered to be reinlisted to serve during the war:
Of the company of artillery artificers inlisted to serve for one year and ordered to be reinlisted during the war:
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A memorial, from Thomas Hite, administrator of the estate of Jacob Hire, deceased, in behalf of the heirs of the said deceased, was laid before Congress and read:
Ordered, That it be referred to the Board of Treasury.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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