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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 --SATURDAY, NOVEMBER 15, 1777
A memorial from Edward West, was read:
Ordered, That it be referred to the executive council of the State of Pensylvania.
Resolved, That an extract of General Washington's letter of the 11th inst. relative to cloathing, be forthwith sent to the states of Massachusetts bay, Connecticut, New Jersey, Pensylvania, Maryland, and Virginia, who are requested to send, without delay, to the army under his command, the blankets and other articles of cloathing
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that may be collected, agreeably to a recommendation of Congress of the 16 day of October last, to answer the pressing demands of the army previous to the arrival of supplies of cloathing expected by Congress; and that duplicate receipts be taken for the same from the cloathier general or his deputies respectively.
A copy of the confederation being made out, and sundry small verbal amendments preserving made in the diction, without altering the sense, the same was agreed to, and is as follows:
Articles of Confederation and Perpetual Union,1 between the States of
[Note 1: 1 In the Papers of the Continental Congress, No. 47, folios 41 and 51, are two copies of the Articles of Confederation in the writing of Charles Thomson. The first is, with the exception of the few words written on the margin by Duane, entirely in the writing of Thomson, and is without endorsement. The second copy is also in Thomson's writing, but it has on the first page a marginal direction to the printer, as to numbering the paragraphs, written by Duane, and the last paragraph is in his writing. The marginal captions of the articles are also in another hand. As the sheets bear the finger marks of the printer, they are undoubtedly the set sent to the printer [Francis Bailey]. They are endorsed: "Articles of Confederation made out for the press--as agreed to by Congress, Novr. 15, 1777."
I have used the first copy (which appears to be the earlier in time) in the first column, adding in a note any differences found in the second copy, except mere erasures of words, or where the change is not explained by a transfer from one article to another.]
[Note 2: 2 In the second copy James Duane has written against this heading: "Let the numbers of the articles be in Roman characters, as Art. I, Art. II, Art. III, &c."]
Art. 1. The name stile of this confederacy3
shall be, "The United States of America."[Note 3: 3 Originally written "confederacy," then "confederation," and again altered to first form.]
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Art. 2. Each state retains its sovereignty, freedom and independance, and every power, jurisdiction and right which is not by this confederation expressly delegated to the united states in Congress assembled.
Art. 3. Design of the Confederation as it respects regards common security.
Art. 3. 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 and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Art. 4. Social and mutual intercourse among the states.
Art. 4.1
The better to secure and perpetuate mutual friendship and intercourse between among the people of the different states in this Union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice excepted, shall be intitled to all privileges, and immunities of free citizens in the respective several states: and the people of each state shall have free ingress and regress to and from any other state and shall enjoy therein all the privileges of trade and commerce, subject to the sonic duties, impositions and restrictions[Note 1: 1 This article 4 is written on a separate sheet and marked as an insert at this point.]
Art. 3. 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 and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Art. 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof respectively; provided, that such
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[Note 1: 1 This paragraph, beginning with the words "and the people of each state," and word for word with the adopted form, is found on two slips of paper, in the writing of Elbridge Gerry, in the Papers of the Continental Congress, No. 47, folio 99--1--2.]
Full faith If any person guilty of or charged with treason, felony or other high misdemeanor in any state shall flee from justice and be found in any of the united states, he shall upon demand of the governor or executive power of the state from which he fled from be delivered up and removed to the state having jurisdiction of his offence.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Manner of constituting the Congress of the states, with the qualifications and privileges of the delegates.
Art. 4 5. For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November in
If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice and be found in any of the United States, he shall, upon demand of the governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other State.
Art. 5. For the more convenient management of the general interests of the United States, delegates shall be annually appointed, in such manner as the legislature of each State shall direct, to meet in Congress, on the 1st Monday in November in every year, with a power reserved to each State to recal its delegates, or any of them,
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[Note 1: 1 From this point to Art. 6 was written on a separate sheet for insertion.]
No state shall be represented in Congress by less than two nor by more than seven members, and no person shall be capable of being a delegate for more than three years in any term of six years: nor shall any person being a delegate be capable of holding any office under the united states for which he or another for his benefit receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.
In determining questions in the United States, in Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of congress. And the members of congress shall be protected in their persons from arrests and imprisonments during the time of their going to and from and attendance on Congress, except for treason felony or breach of the peace.
No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or any other2
for his benefit, receives any salary, fees, or emolument of any kind.[Note 2: 2 In the official copy of the articles, printed by Bailey, signed by Laurens, and sent to the States, the words "any other" were struck out and "another" written in by Laurens.]
Each state shall maintain its own delegates in a meeting of the states and while they act as members of the committee of the states.
In determining questions in the united states in Congress assembled each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress: and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace.
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Art. 61
No state two or more states shall enter into any treaty, confederation or alliance Restraints upon the separate states whatever between them without the consent of the united in Congress assembled, specifying accurately the purposes for which the same is to be entered into and how long it shall continue.[Note 1: 1 In the second copy this paragraph is numbered Art. 7, and the marginal caption is set against Art. 6 as above.]
Art 7.1 No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by the united states in Congress assembled with any king, prince or stat, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.
No two or more states shall enter into any treaty, confederation, or alliance, whatever, between them, without the consent of the United States, in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.
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No vessels of war shall be kept up in time of peace, by any state, except such number only as shall be deemed necessary by the united states in Congress assembled for the defence of such state or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only as in the judgment of the united states in Congress assembled shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia sufficiently armed and accoutred, and shall provide and constantly have ready for use in public stores a due number of field pieces and tents and a proper quantity of arms, ammunition and camp equipage.[Note 1: 1 The second copy has no number against this paragraph.]
No state shall engage in any war &c.2
[Note 2: 2 See Art. 12. In the second copy the article is inserted properly.]
No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or
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Art. 9 7. 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 legislatures1
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.[Note 1: 1 "Legislature" in second copy.]
Manner of defraying public expences.
Art. 10 8. 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
Art. 7. 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 legislature 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. 8. 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
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[Note 1: 1 In the second copy Art. 14 follows.]
Art. 11. 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.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States, in Congress assembled.
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[Note 1: 1 The part in parenthesis was lifted from the middle of the paragraph and placed at the end.]
Art. 13. In determining questions in the united states in Congress assembled, each states shall have one vote.
Art. 14.2
The united states in Congress assembled shall have the sole and exclusive right and power of determining on peace and war except in the cases mentioned in the twelfth 6th article; of sending and receiving ambassadors; entering into treaties and alliances; provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to or from prohibiting the exportation or importation of any species of goods or commodities whatsoever; of establishing rules for deciding in all cases what captures on land or water shall be[Note 2: 2 In the second copy there is a marginal caption: "Powers of Congress."]
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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
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;
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the secretary of Congress shall do it strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed in the manner before prescribed shall be final and conclusive; 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[Note 1: 1 In the margin of the first copy is written: "Q. Congress shall proceed to nominate three persons out of each state the." In the second copy the phrase is incorporated into the text.]
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[Note 1: 1 This paragraph, in almost the same words, in the writing of James Duane, is in the Papers of the Continental Congress, No. 47, folio 101.]
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants, are adjusted; [the said grants or either of them]2
being at the same time claimed to have originated antecedent to such settlement of jurisdiction; shall, on the petition of either party, to the Congress of the united states, be finally determined, as near as may be in the same manner as is before[Note 2: 2 These words were written on the margin by James Duane. In the second copy they are incorporated.]
All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed
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[Note 1: 1 This paragraph was written on a separate sheet for insertion. In the second copy it is incorporated.]
The united states in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority or by that of the respective states; fixing the standard of weights and measures throughout the united states; regulating the trade and managing all affairs with the indians, not members of any of the states, provided, that the legislative right of any state within its own limits be not infringed or violated; establishing and regulating post offices from one state to another throughout all the united states, and exacting such postage on the papers passing through the same as may be requisite to defray the expences of the said office; appointing all officers of the land forces in the service of the united states excepting regimental officers; appointing all the officers of the naval forces and commissioning all officers whatever in the service of the united states; making rules for the government and regulation of the said land and naval forces and directing their operations.
The united states in Congress assembled shall have authority to appoint a committee to sit in the
The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any State within its own limits be not infringed or violated; establishing and regulating post offices from one State to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expences of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations.
The United States, in Congress assembled, shall have authority to appoint a committee to sit in the
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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 its 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 number shall be raised, officered, cloathed, 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 number cannot be safely spared out of the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathead, armed and equipped shall march to the place appointed and within the time agreed on by the united states in Congress assembled.
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, nor coin money, nor regulate the value thereof, nor agree upon nor agree upon nor
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, nor coin money, nor regulate the value thereof, nor ascertain the
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No state shall be represented in Congress by less than two nor by more than seven members.
No person shall be capable of being a delegate for more than three years in any term of six years.
No person being a delegate shall be capable of holding any office under the united states for which he or another for his benefit receives any salary, fees or emolument of any kind.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests and imprisonments during the time of their going to and from and attendance on Congress, except for treason, felony, or breach of peace.
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and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question to shall be entered on the journal, when it is to be desired by any delegate; and the delegates of a state or any of them, at his or their request to shall 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.[Note 1: 1 The second copy has incorporated the full phrase "of adjournment be for a longer duration than the space of six months."]
Art. 15 10.2
The committee of the states3[Note 2: 2 In the second copy there is a marginal caption: "Committee of the States and its Powers."]
shall be authorized to execute in the recess of Congress such of the powers of Congress as the united states in Congress assembled by the consent of nine states shall from time to time think expedient forest them with, provided that they no power be delegated to the said committee no power for the exercise of which by the articles of confederation the voice of[Note 3: 3 The second copy here adds: "or any nine of them."]
Art. 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States, in Congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided, that no power be delegated to the said committee, for the exercise of which, by the articles of confederation,
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Art. 16 12. All bills of credit emitted, monies borrowed and debts contracted by or under the authority of Congress, before the assembling of the united states in pursuance of the present confederation, shall be deemed and sided as a charge against the united constates, for payment and satisfaction whereof the said united states and the public faith are hereby solemnly pledged.1
[Note 1: 1 This paragraph and the line following are written on a separate sheet for insertion.]
13. Every state &c: see art. 11.2
[Note 2: 2 In the second copy the words from art. 11 are here incorporated, and there is a marginal caption: "Obligation of States to abide by the Determination of Congress, and the inviolable observance of these articles."]
Art. 16 11.3
Canada according to this confederation and joining in the measures of the united states shall be admitted into and intitled to all the advantages of this union: But no other colony shall be admitted into the same unless such admission be agreed to by nine states.4[Note 3: 3 In the second copy is a marginal caption: "Admission of Canada and other States to the union."]
[Note 4: 4 The second copy here inserts art. 12: "All bills of credit &c.," and has marginal caption: "Public Faith pledged for past Engagements of Congress."]
[See Art. 12.]
Art. 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into and entitled to all the advantages of this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
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of the united states, which being done and the articles of this confederation shall be inviolably observed by every state; and the union is to shall 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 a Congress of the united states and be afterwards confirmed by the legislatures of every state.[Note 1: 1 "Assembly" in the second copy.]
These articles shall be proposed to the legislatures of all the united states to be considered, and if approved of by them they are advised to authorized their delegates to ratify the same in the Congress of the united states which being done, the same shall become conclusive.2
[Note 2: 2 In the second copy this paragraph is in the writing of James Duane.]
Art. 13. 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. And the articles of this confederation shall be inviolably observed by every State, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
These articles shall be proposed to the legislatures of all the United States, to be considered, and if approved of by them, they are advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same shall become conclusive.
First motion from New York.3
[Note 3: 3 In writing of Charles Thomson.]
For deciding all Disputes or Differences, which may arise betwixt between any two or more States in the Confederacy concerning Boundaries or Jurisdiction Commissioners shall be
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appointed in Con by the United States in Congress assembled by the Ballot of such State or or States as have no Claim with Respect to Boundaries or Jurisdiction or with any State of with either of the States, betwixt between which the Matter in Contest, is to be determined, or have Claims with respect to Boundaries, or Jurisdiction founded upon Similar Principles with those upon which the Claim or Claims of any either of the States, betwixt whom the a Controversy subsists, may be grounded, provided always, (that no Person shall be capable of being a Commissioner for this Purpose, nor who is an Inhabitant of, either or may be have landed Property in either of the States between which the Matter in Controversy subsists), and that they be pointed the said Commissioners be appointed the nine States or who may be Inhabitants of, or have landed Property in any State having a Claim with Respect to Boundary, or Jurisdiction grounded upon similar Principles as that upon which the Claim or Claims of either of the States betwixt in Controversy may be founded, and with respect [to] any Dispute, or Difference, which may arise betwixt any two or more States the United States on any other Cause the united States in Congress assembled shall have full Power to decide the same [so as that no state be deprived of territory for the benefit of the united States].1
[Note 1: 1 The words in brackets were added in the writing of Charles Thomson. Thomson has written the word "withdrawn" after the paragraph. This motion, in the writing of William Duer, is in the Papers of the Continental Congress, No. 47, folio 99.
On a loose sheet (folio 99-4) is found the following in the writing of Charles Thomson: "provided that for deciding disputes and differences now subsisting or that may hereafter arise between two or more states concerning boundaries or jurisdictions." On the same sheet he has written: "I would propose to pass the printed paragraph as it stands. adding Mr. Lee's motion, viz: So as no State be deprived &c. and follow it with one of the amendment as a proviso, as above." On the reverse of the same sheet James Duane has written: "Provided that every Commissioner so to be appointed, shall before he sits in Judgement, take a solemn Oath in open Court, to be administered by one of the Judges of the Supreme or Superior Court of the State where the Causes shall be tried, truly and impartially to hear and determine the matter in Question according to evidence; and such determination shall be final and conclusive between the States in Contention and all claiming under them."]
2 Motion from New York instead of the first withdrawn2
[Note 2: 2 In the writing of Charles Thomson.]
"deciding, 'or, at the Request of any State in Controversy with another, appointing by Ballott of States not interested in the Dispute, impartial and disinterested Judges, or Commissioners upon Oath to decide' all Disputes, and Differences now subsisting, or that hereafter
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may arise between two or more States, concerning Boundaries, Jurisdiction or any other Cause whatsoever 'provided that the Judges, or Commrs so to be appointedballotted for be not less in Number than nine, and that each of the States in controversy have a right peremptorily to challenge two out of that Number; and further that no State be deprived of Territory for the Benefit of the United States.rsquo;
"N. B: What lines are marked with Quotations, are proposed Amendments to the printed Report of the Committee."1
[Note 1: 1 This paper, in the writing of William Duer, is in the Papers of the Continental Congress, No. 47, folio 105.]
Motion from Connecticut.
For deciding disputes or differences now subsisting or which may hereafter arise between any two or more States, concerning boundaries or jurisdiction, or any other causes whatever, [so as that no state be deprived of territory for the benefit of the united states,] a Court shall be constituted consisting of one of the Judges of the Supreme Court of judicature in each State which is not interested [directly or indirectly] in the point in controversy, to be designated [chosen] by let fairly drawn [ballot] by the assembly of the United States [in Congress assembled,] or the Council of States, on application of the parties or either of them; any seven [five] of said Judges who may be present to be a quorum who shall be duly sworn to hear and determine the cause impartially agreeable [according] to the right of the parties [and the evidence that shall be before them] according to their best skill and judgment, and having rendered Judgment therein shall transmit the record thereof with the evidence to the Assembly of the United States, which shall be conclusive between the parties. and carried into execution by order of said Assembly in such manner as the Nature of the case may require. Provided nevertheless that if either party be agrieved with the Judgment, and shall shew to the satisfaction of said Assembly that there was any unfairness in the trial or that justice has not been done, said Assembly may grant a new trial in manner aforesaid, by other Judges of said Supreme Courts designated by lot chosen by ballot as aforesaid; and if the second judgment shall be in affirmance of the first, it shall be final: but if otherwise, a third trial and no more may be granted by said Assembly, if either party be agrieved and shew sufficient reasons therefor [and with respect to any dispute or difference which may arise betwixt any two or more states
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on any other cause the united states in Congress assembled shall have full power to decide the same]; and all controveries concerning Titles of Lands wherein the parties claim by Grants under different colonies or Governments, may also be determined by a Court constituted as aforesaid either by original process or appeal, the Plaintiff or appellant giving sufficient Bond with Surety to answer to the adverse party Damage and Cost in case he make does not his plea good support his title.1
[Note 1: 1 This motion, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 47, folio 107. The words in brackets were inserted by Charles Thomson.]
Ordered, That the committee appointed to revise and arrange the articles ∥of confederation,∥ have three hundred copies printed and lodged with the secretary, to be subject to the future orders of Congress; and that the articles of confederation, as now agreed to, be entered on the journal.2
[Note 2: 2 "The Articles were printed and returned to the president on Friday, November 28, who had them tied in bundles, and gave 18 to the delegates of each State, reserving the rest for himself; so that none came into the Secretary's office. C. T." Note by Charles Thomson.]
Adjourned to 4 o'Clock.
Four o'Clock, p.m.
A letter, of the 14, from G. Bryan, vice president of the council of Pensylvania, to the delegates of that State in Congress, together with sundry papers relative to Indian depredations on the western frontiers, was laid before Congress and read.3
[Note 3: 3 This letter and enclosures are in the Papers of the Continental Congress, No. 69, I, folios 433.]
Ordered, That they be referred to a committee of three; the members chosen, Mr. [Daniel] Roberdeau, Mr. [John] Harvie and Mr. [Cornelius] Harnett.
Ordered, That Mr. R[ichard] H[enry] Lee have leave of absence for the recovery of his health.
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Resolved, That a committee of three be appointed to collect and digest the late useful discoveries for making molasses and spirits from the juice of corn stalks, and report a plan for communicating the said discoveries to the inhabitants of the several states.
The members chosen, Mr. [Elbridge] Gerry, Mr. [Richard] Law and Mr. [Daniel] Roberdeau.
Resolved, That a copy of the letter from J. Bradford, dated Boston, 16 October, 1777, to the Secret Committee, be transmitted to the cloathier general, to the quarter master general, and to the Board of War; that the cloathier general, without delay, appoint a deputy in each State, if he hath not already made such appointments; that the cloth for soldiers' cloathing, mentioned in the said letter to be imported into Bedford for account of Congress, be delivered to the cloathier general, or his order; the bales of tents to the quarter master general or his order; and that the Board of War give directions respecting the arms mentioned in the said letter; that the receipts taken on the delivery, be forthwith transmitted to the Commercial Committee; that the cloathier general be directed immediately to give orders to his deputy for the State of Rhode Island, to receive the said cloth for soldiers' cloathing, and procure the making up the same into cloaths there or elsewhere, as soon as may be, and to forward them with the utmost despatch to General Washington's army; that the cloathier general, also write to the governor and council for the State of Rhode Island, requesting them, in case the person appointed by him as his deputy should decline acting, to appoint a suitable person for that purpose, and forwarding the same as above directed; and the said governor and council are requested to make such appointment accordingly, and to give every necessary aid to the above important business.
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The committee appointed to consider the applications of foreign officers, &c., having had under consideration the memorials of Chevalier Crenis,1 Monsieur Dorset, and Chevalier de la Colombe, report:
[Note 1: 1 A memorial from Crenis is in the Papers of the Continental Congress, No. 41, II, folio 37.]
That although the committee are sensible of the zeal and good intentions of the Chevalier Crenis and Monsieur Dorset in their wishes to serve the United States, yet when they reflect upon the circumstances of the American army, and consider that the number of officers now in commission are greatly disproportionate to the soldiers to be commanded, they cannot venture to recommend the said Chevalier Crenis as lieutenant colonel and Monsieur Dorset as major in the service of the United States, which ranks are respectively desired by the gentlemen aforesaid:2
[Note 2: 2 This paragraph read in the original report: "are so greatly disproportionate to the men to be commanded, that it will be proper during the course of this winter to dismiss a considerable number of the American officers as supernumerary, &c."]
That considering the expences these gentlemen have incurred, and the inability stated by Monsieur Dorset of returning to his own country, they submit it to the wisdom of Congress, whether it may not be expedient to furnish the necessary aid for this purpose.
That with regard to the Chevalier de la Colombe, for whom the Marquis de la Fayette requests a captain's commission in the American service, your committee think the same may be granted: [as the Chevalier may be usefully employed ill the quality of captain in the family of the Marquis during his service in the American service.]3
[Note 3: 3 The sentence in brackets was omitted in the printed resolutions. This report, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress, No. 41, II, folio 33.]
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The said report being read, on the question put to agree to the first paragraph, resolved in the affimative.
The second paragraph was taken into consideration, and a motion being made to grant Monsr. Dorset a sum to defray his expences to France, and the question put.
Passed in the negative.
The third paragraph was read, whereupon,
Resolved, That a captain's commission be granted to the Chevalier de la Colombe.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock on Monday.
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