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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, JUNE 27, 1778
A memorial from Colonel M[ichael] Swoope, was read:1
[Note 1: 1 This memorial, dated June 25, is in the Papers of the Continental Congress, No. 41, IX, folio 36.]
Ordered, That it be referred to the Board of Treasury.
A report from the Board of War was read:
At a Board of War, 26th June, 1778
The Board beg leave to recommend to Congress the following Gentlemen, to have Commissions granted for them in the Corps of North Carolina Light Dragoons, and that their Commissions bear date, agreeable to the enclosed Certificates, signed by the late General Nash, viz:
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, II, folio 133.]
Ordered, That it be referred to the committee of arrangement.
The committee to whom was referred the letter of 25, from the Board of War, respecting Cornelius Sweers.: brought in a report, which was read; Whereupon,
Ordered, That Cornelius Sweers be sent to Philadelphia under guard, and that the commander in the city of Philadelphia be directed to order the said Cornelius Sweers to be there kept under guard till he shall be duly discharged.3
[Note 3: 3 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 147, II, folio 129.]
The committee to whom was referred the letter from Mr. Holker, brought in a report which was read;
On motion made to agree to the report,
Passed in the negative.
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The articles of confederation being engrossed, with the ratification agreed to, was laid before Congress, and the same, upon examination, being found incorrect,
Ordered, That another copy be made out and laid before Congress on or before the 4 July next, and that the delegates of the respective states lodge with the secretary, their powers for ratifying the same.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Henry Klein, for five hundred dollars, to be advanced him; for which he is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 393.]
Adjourned to Thursday next, to meet at the State House in Philadelphia.
POWERS OF THE STATES TO THEIR DELEGATES, TO RATIFY THE
ARTICLES OF CONFEDERATION.2
[Note 2: 2 None of these powers were inserted in the original Journal, but they are found in the corrected Journal, and in No. 9 (History of the Confederation) of the Papers of the Continental Congress. The originals are not in the Library of Congress. See entry under July 9, 1778, post.]
STATE OF NEW HAMPSHIRE:
In the House of Representatives, March 4th 1778.
The House took into consideration the thirteen Articles of Confederation and perpetual Union between the thirteen United States of America, as agreed to by the Honourable Congress of said States, and came to the following Resolution thereon, viz.
Resolved, That we do agree to said Articles of Confederation, perpetual Union, &c. &c. and do, for ourselves and constituents, engage that the same shall be inviolably observed by this State: and the delegates of this State for the time being, at the Congress aforesaid, are hereby empowered and instructed to ratify the same in behalf of this State.
Sent up for concurrence,
John Dudley, Speaker pro tem.
In Council, the same day, read and concurred.
E. Thompson, Secretary.
Copy. Attest,Meshech Weare, President.
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MASSACHUSETTS BAY:
Council Chamber, Boston, March 10th 1778.
The General Court of the State of Massachusetts Bay, having attentively considered the Articles of Confederation and perpetual Union between the United States of America, recommended to our attention by the Honorable the Congress, do approve of them, in general, as well calculated to Secure the Freedom, Sovereignty, and Independence of the United States. Perhaps no plan could have been proposed better adapted to the circumstances of all. We, therefore, the Council and House of Representatives of this State, in General Court assembled, do, in the name and behalf of the good people of this State, instruct you, their delegates, to subscribe said Articles of Confederation and perpetual Union as they were recommended by Congress, unless the following alterations, or such as may be proposed by the other States, can be received and adopted without endangering the Union proposed.
In the name and behalf of the general assembly,
Jeremiah Powell, President.
To the delegates of the State of Massachusetts Bay, in Congress.
RHODE ISLAND AND PROVIDENCE PLANTATIONS:
By his Excellency Nicholas Cooke, Esq. Governor, Captain General, and Commander in Chief, in and over the State of Rhode Island and Providence Plantations.
Be it known, that Henry Ward, Esq. who hath under his hand Certified that the annexed Copy, purporting an Act of the General Assembly of the State aforesaid, empowering the delegates of the said State in Congress to accede to and sign the Articles of Confederation and perpetual Union between the thirteen United States, is a true Copy, is Secretary of the said State, duly elected and engaged according to Law. Wherefore, unto his Certificate, of that matter, full faith and absolute Credit is, and ought to be universally rendered.
[L. S.] Given under my hand and the Seal of the said State, at Providence, this 18th day of February, in the year of our Lord one thousand seven hundred and seventy eight.
Nicholas Cooke.
By his Excellency's Command,Henry Ward, Secretary.
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At the general assembly of the Governor and Company of the State of Rhode Island and Providence Plantations, begun and holden by adjournment at East Greenwich, within and for the State aforesaid, on the 2d Monday in February, in the year of our Lord one thousand seven hundred and seventy eight: This Assembly having taken into consideration the Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusets Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, transmitted by Congress to this State, and having had them repeatedly read, and having maturely weighed and most seriously deliberated upon them as their importance to this and the other States, and to posterity, deserves; and considering also the pressing Necessity of compleating the Union as a measure essential to the preservation of the Independence and safety of the said States, do vote and Resolve, and it is voted and resolved, that the Hon. Stephen Hopkins, Esq. William Ellery, Esq. and Henry Marchant, Esq. the Delegates to represent this State in Congress, or any one of them be, and they are hereby, fully authorized and empowered, on the part and behalf of this State, to accede to and sign the said Articles of Confederation and perpetual Union, in such solemn form and manner as Congress shall think best adapted to a transaction so important to the present and future generations; provided, that the same be acceded to by eight of the other States: and in case any alterations in, or additions to, the said Articles of Confederation and perpetual Union, shall be made by nine of the said States in Congress assembled, that the said Delegates or any one of them be, and they are hereby authorized and empowered, in like manner, to accede to and sign the said Articles of Confederation and perpetual Union, with the alterations and additions that shall be so made. It is further voted and Resolved, that this Assembly will and do hereby, in behalf of the said State of Rhode Island and Providence Plantations, in the most solemn manner, pledge the faith of the said State to hold and consider the Acts of the said Delegates or any one of them, in so acceding to and signing the said Articles of Confederation and perpetual Union, as valid and binding upon the said State in all future time. And it is further voted and resolved, that a fair Copy of this Act be made and authenticated under the public Seal of this State, with the Signature of His Excellency the Governor, and be transmitted to the Delegates;
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and that the same shall be sufficient warrant and authority to the said Delegates or any one of them for the purposes aforesaid.
A true Copy duly examined,
Witness,Henry Ward, Secretary.
CONNECTICUT:
At a General Assembly of the Governor and Company of the State of Connecticut, holden at Hartford, by adjournment, on the 19th day of February, 1778.
The Articles of Confederation and perpetual Union, proposed by Congress to be entered into by the thirteen United States of America, being laid before this Assembly by his Excellency the Governor, were read and maturely considered; Whereupon,
Resolved, That the Delegates of this State, who shall be present in Congress, be, and they are hereby fully authorized and empowered, in behalf of this State, to agree to and ratify the said Articles of Confederation, with such Amendments, if any be, as by them, in conjunction of the Delegates of the other States in Congress, shall be thought proper.
A true Copy of Record,
Examined byGeorge Wyllys, Secretary.
NEW YORK
The people of the State of New York, one of the United States of America, by the grace of God, free and Independent, to their brethren of the other of the said United States, in Congress Assembled, and to all others who shall see these our letters patent, send Greeting:
Know ye, That among the Acts of our Senate and Assembly of our said State, we have inspected a certain Act of the said Senate and Assembly, the tenor whereof is as follows, to wit: "An Act of Accession to and approbation of certain proposed Articles of Confederation and perpetual Union, between the United States of America, and to authorize the delegates of the State of New York to ratify the same on the part and behalf of this State in the Congress of the said United
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States. Whereas, the freedom, Sovereignty, and Independence of the said States, which, with a Magnanimity, fortitude, Constancy, and love of liberty, hitherto unparalleled, they have asserted and maintained against their cruel and unrelenting enemies, the King and parliament of the realm of Great Britain, will, for their lasting and unshaken security, in a great measure depend, under God, on a wise and well concerted, intimate and equal confederation of the said United States: and whereas, the honorable the Congress of the said United States have transmitted, for the consideration of the Legislature of this State, and for ratification in case they should approve of the same, the following Articles of Confederation, to wit:
(Here the Articles are recited verbatim.)
And whereas the Senate and Assembly of this State of New York, in Legislature convened, have separately taken the said Articles of Confederation into their respective most deliberate and mature consideration, and by their several and respective resolutions, deliberately made and entered into for the purpose, have fully and entirely approved of the same. In order, therefore, that such approval may be published and made known to the whole world, with all the solemnities of Law, and that all the subjects of this State, and others inhabiting and residing therein, from time to time, and at all times thereafter, as long as the said Confederation shall subsist and endure, may be bound by and held to the due observance of the said Articles of Confederation, as a law of this state, if the same shall be duly ratified by all the said United States, in Congress assembled, be it enacted and declared by the people of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that the said several above recited Articles of Confederation, and, all and singular, the clauses, matters and things in the same contained, be, and the same are hereby, fully accepted, received and approved of, for and in behalf of the people of this State. And to the end that the same may, with all due form and solemnity, be ratified and confirmed by this State in Congress, be it further enacted by the authority aforesaid, that the delegates of this State in the said Congress of the United States of America, or any two of the said delegates, shall be, and hereby are, fully authorized, empowered, and required, wholly, entirely, and absolutely, for and in behalf of the people of this State, and in such manner, under such
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formalities, as shall be determined in Congress, to ratify and confirm all and every of the said above recited Articles of Confederation, and, all and singular, the clauses, matters and things in the same contained; and an exemplification of this act, tested by his Excellency the Governor, or the Lieutenant Governor, or President of the Senate of the State for the time being, administering the Government, and authenticated with the great Seal of this State, shall be full and conclusive evidence of this Act. Provided, always, that nothing in this Act, or the said above recited Articles of Confederation, contained, nor any act, matter or thing to be done and transacted by the delegates of this State in Congress, in and concerning the premises, or any part thereof, shall bind, or oblige, or be deemed, construed or esteemed to bind or oblige the Government, Legislature, people, Subjects, inhabitants, or residents of this State, until the said above recited Articles have been duly ratified and confirmed by or in behalf of all the said United States, in Congress Assembled; any thing herein, or in the said above recited Articles of Confederation contained to the contrary thereof in any wise nothwithstanding. At the bottom of which act we find the following Certificates, to wit: "In senate, Thursday, January 29th., 1778. This bill having been read three times, Resolved, that the bill do pass. By order of the Senate, Pierre Van Cortlandt, President. In Assembly, Tuesday, February 3d., 1778. This bill having been read three times, Resolved, that the bill do pass. By order of the assembly, Walter Lavingston, speaker." And on the back of the said Bill, we find the following endorsement in writing, to wit: "In the Council for revising all bills about to be passed into Laws by the Legislature of the State of New York, on Friday, the 6th day of February, 1778. Resolved, that it does not appear improper to this Council, that the bill, entitled "An act of accession to, and approbation of, certain proposed Articles of Confederation and perpetual Union between the United States of America, and to authorize the delegates of the State of New York to ratify the same on the part and behalf of this State, in the Congress of the United States, should become a Law of this State. George Clinton." In testimony whereof, we, the said people of the State of New York, have caused the said Act of our said Senate and assembly to be exemplifyed by these presents, and our great Seal of our said State to be hereunto appended.
Witness our trusty and well beloved George Clinton, Esq. our Governor of our said State, general and Commander in Chief of all the
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Militia, and admiral of our Navy of the same, the 16th day of February, in the second year of our Independence and sovereignty, and in the Year of our Lord One thousand seven hundred and seventy eight.
George Clinton.
By his excellency's command.
Richard Hatfield, Secretary.
PENNSYLVANIA:
The representatives of the freemen of the Commonwealth of Pennsylvania, in general Assembly met, to the Hon Benjamin Franklin, Doctor of Laws, Robert Morris, Esq. Daniel Roberdeau, Esq. Jonathan B. Smith, Esq. James Smith, Esq of York town, William Clingan, Esq. Joseph Reed, Esq Delegates for the said Commonwealth in the Congress of the United States of America, send Greeting:
Know ye, That we the said Representatives having taken into our most serious and weighty consideration and deliberation, the Articles of Confederation between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, lately transmitted to us by the Hon. Henry Laurens, Esq. President of the said Congress, do by this present instrument, signed by our Speaker, and scaled with the Seal of the Laws of this Commonwealth, accede to, ratify, confirm and agree to the said Articles; which said Articles are as follows, to wit:
(Here the Articles are recited verbatim.)
And we the said Representatives do hereby authorize, empower, require, and enjoin you, the said Benjamin Franklin, Robert Morris, Daniel Roberdeau, Jonathan B. Smith, James Smith, William Clingan, and Joseph Reed, or any two of you, in the Name of the said Commonwealth of Pennsylvania, to accede to, ratify, confirm, and agree to the said Articles of Confederation. In testimony whereof, we have caused the Seal of the Laws of Pennsylvania to be hereunto affixed, in general Assembly, at Lancaster, the 5th day of March, in the year of our Lord One thousand seven hundred and seventy eight.
(Seal appended.)
John Bayard, Speaker.
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VIRGINIA.
In General Assembly, December 15, 1778.
Resolved, Nemine contradicente, That a speedy ratification of the Articles of Confederation between the United States of America, will confound the devices of their foreign, and frustrate the machinations of their domestic enemies; encourage their firm friends, and fix the wavering; contribute much to the support of their public Credit and the restoration of the value of their paper Money; produce Unanimity in their Councils at home, and add weight to their Negotiations abroad; and compleating the Independence of their Country, establish the best foundation of its prosperity.
Resolved, Nemine contradicente, That the Articles of Confederation and perpetual Union, proposed by Congress the 7th day of November last, between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, and referred for approbation to the consideration of the several Legislatures of the said States, be approved and ratified on the part of this Commonwealth, and that our Delegates in Congress be accordingly authorized and instructed to ratify the same, in the name and on the behalf of this Commonwealth, and that they attend, for that purpose, on or before the Tenth day of March next.
Archibald Cary, Speaker of the Senate,
G. Wythe, Speaker of the House of Delegates.
NORTH CAROLINA:
State of North Carolina. In Senate, 25th of April, 1778.
To his Excellency Richard Caswell, Esquire, Captain General, Governor, and Commander in Chief, &c. &c.
Sir: The two houses of the general Assembly have taken into consideration the Confederacy proposed to the United States by the Continental Congress, and have Unanimously acceded thereto, and request your Excellency will be pleased to inform the president of the Continental Congress thereof by the earliest opportunity.
Whitmill Hill, S. S.
John Williams, S. C.
By order,J. Sitgreaves, C. S.
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SOUTH CAROLINA:
In the General Assembly,
the 4th day of February, 1778.
Resolved, Nemine contradicente, That the delegates of this State in the Continental Congress, or any three of then, be, and they are hereby authorized, on the part of this State, to agree to and ratify Articles of Confederation between the United States of America.
Ordered, That the foregoing Resolution be sent to the Hon. the Legislative Council for their concurrence, and to his Excellency the President for his assent.
By order of the House,Thomas Bee, Speaker.
In the Legislative Council,
the 5th day of February, 1778.
Read the foregoing Resolution of the general Assembly.
Resolved, That this house do concur with the general Assembly in the said Resolution.
Ordered, That it be sent to his Excellency the President for his Assent.
Assented to, February 5th, 1778.J. Rutledge.
By order of the House,
Hugh Rutledge, Speaker.
GEORGIA:
House of Assembly,
Thursday, February 26th, 1778.
The house resolved itself into a Committee of the whole house, to take into consideration the Articles of Confederation and perpetual Union, and after some time spent therein, Mr. Speaker resumed the Chair, and Mr. Whitefield, from the Committee of the whole, reported, they had taken the said Articles into consideration and gone through the same, and made several amendments thereto, which were read and agreed to.
Extract from the Minutes,
George Cuthbert, Clerk.
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Report of the amendments to the Articles of Confederation and perpetual Union:
4th article, 4th page, 4th line, add the words "white inhabitants:" 6th line, between the words "vagabonds and" add "all persons who refuse to bear Arms in defence of the State to which they belong, and all persons who have been or shall be attainted and Judged guilty of high treason in any of the United States."
9th article, 20th page, 20th line, between the words "emitted to" add "and the expenditure of the same:"
11th article, 25th page, between the words "Canada acceding" add "and the colonies of East and West Florida."
A true Copy from the Original, taken the 24th May, and examined by
George Cuthbert, C. H. A.
House of Assembly,
Thursday, February 26th, 1778
Resolved, That the Delegates for this State be authorized and required to lay before the general Congress of the United States the several alterations proposed and agreed upon by this house this day in the Articles of Confederation and that they do use their exertions to have such alterations agreed to and confirmed in Congress.
Resolved, That in case all or none of such alterations shall be agreed to and confirmed in Congress, that then and notwithstanding, they be empowered and required in behalf of this State, to sign, ratify, and confirm the several Articles of the Confederation recommended to the respective Legislatures of the United States by Congress, or any other plan of a general Confederation which shall be agreed upon by nine of the United States.
George Cuthbert, Clerk.
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