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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, FEBRUARY 16, 1779
Mr. [Thomas] M'Kean, a delegate for Delaware, laid before Congress the following instrument, empowering the delegates of that State, or any of them, to ratify and sign the articles of confederation:
His excellency Cæsar Rodney, Esq. president, captain general and commander in chief of the Delaware State, to all to whom these presents shall come, greeting:
Know ye, that among the records remaining in the rolls office in the Delaware State, there is a certain instrument of writing, purporting
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to be an act of the general assembly of the said State, which said act is contained in the words and tenor here following, to wit,
Anno millesimo septingentesimo septuagesimo nono.
An act to authorize and empower the delegates of the Delaware state to subscribe and ratify the articles of confederation and perpetual union between the several states.
Whereas Articles of Confederation and perpetual union 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, signed in the general Congress of the said states by the honorable Henry Laurens, Esq. their then president, have been laid before the legislature of this State, to be ratified by the same if approved: and, whereas, notwithstanding the terms of the articles of confederation and perpetual union are considered as in divers respects unequal and disadvantageous to this State, and the objections stated on the part of this State are viewed as just and reasonable, and of great moment to the welfare and happiness of the good people thereof, yet, under the full conviction of the present necessity of acceding to the confederacy proposed, and that the interest of particular states ought to be postponed to the general good of the union; and moreover, in firm reliance that the candor and justice of the several states will, in due time, remove, as far as possible, the objectionable parts thereof:
Be it enacted by the general assembly of Delaware, and it is hereby enacted by the authority of the same, that the hon. John Dickinson, Nicholas Vandyke, and Thomas M'Kean, Esqrs. delegates appointed to represent this State in Congress, or any one or more of them, be, and they hereby are authorized, empowered, and directed, on behalf of this State, to subscribe and ratify the said articles of confederation and perpetual union between the several states aforesaid.
And be it further enacted by the authority aforesaid, that the said articles of confederation and perpetual union, so as aforesaid subscribed and ratified, shall thenceforth become obligatory on this State.
Signed by order of the house of assembly,
Nicholas Vandyke, Speaker.
Signed by order of the council, Thomas Collins, Speaker.
Passed at Dover, February 1, 1779.
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All which, by the tenor of these presents, I have caused to be exemplified. In testimony whereof, the great seal of the Delaware State is hereunto affixed, at Dover, the sixth day of February, in the year of our Lord, one thousand seven hundred and seventy-nine, and in the third year of the independency of the United States of America.Cæsar Rodney.
By his excellency's command,James Booth, Secretary.
An appeal from the judgment of a court of admiralty for the State of New Jersey, on the libel Yelverton Taylor &c. vs Schooner Fame, was lodged with the Secretary and referred to the Committee on Appeals.
Resolved, That the letter of 8th and 12, from Major General Arnold, with the papers enclosed, be referred to the committee to whom was referred the letter from his Excellency Joseph Reed, president of the supreme executive council of Pensylvania, respecting the conduct of Major General Arnold; and that the committee enquire into the ground of the charges against Major General Arnold, and report the result of their enquiry with all convenient despatch.
A motion was made, that Major General Arnold be suspended from all command in the army of the United States of America, during the time in which enquiry shall be made into his public conduct, and until a proper decision shall be made thereon; after debate, a motion was made, that the further consideration thereof be postponed.
On the question for postponing, the yeas and nays being required by Mr. [Daniel] Roberdeau,1
[Note 1: 1 In a letter of January 30, to the Pennsylvania delegates in Congress, President Reed requested them to call for the ayes and noes on any question "which may affect the authority or reputation of this Council, and more especially in the case of Gen. Arnold, .... that in our correspondence with our sister states we may have an opportunity to shew them how far their delegates in Congress do or do not manifest a disposition to support the authority of civil government, and more especially in the execution of the resolves of Congress." Pennsylvania Archives, VII, 174.]
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So it was resolved in the affirmative.
The delegates of Pensylvania laid before Congress instructions to them from the Assembly of that State, and sundry papers, relative to the defenceless state of the frontiers:1
[Note 1: 1 These instructions are in the Papers of the Continental Congress, No. 69, I, folio 605. in No. 41, VII, folio 31, is a memorial of inhabitants of Northumberland County to the general assembly of Pennsylvania, which was probably one of the accompanying papers.]
Ordered, That the same be referred to the committee lately appointed to confer with the Commander in Chief, and that they be directed to confer with a committee of the Assembly of Pensylvania.2
[Note 2: 2 The Pennsylvania committee was composed of Delap, Thomas Smith, Martin, Mifflin, Sloan, Stephen Chambers, Hartley, George Woods, and Lacey.]
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A letter, of 8 December, from J. Trumbull, governor of Connecticut, and
A letter, of 9 instant, from G. Clinton, governor of New York, were laid before Congress:1
[Note 1: 1 The letter of Clinton is in the Papers of the Continental Congress, No. 67, II, folio 156. Another letter, dated the 2d, addressed to James Duane, was read on this day, and is on folio 152.]
Ordered, That they be referred to the foregoing committee.
A letter, of 5, from P. Henry, governor of Virginia, directed to the delegates of that State, was laid before Congress:
Ordered, That it be referred to the delegates of Virginia.
A letter, of 5, from W. Finnie, deputy quarter master in Virginia, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, IX, folio 221.]
Ordered, That it be referred to the delegates aforesaid. A letter of 15, from the Board of War, was read.
War Office February 15th, 1779.
At the instance of General Pulaski we beg leave to represent to Congress, that he is dissatisfied with the present situation of his corps on account of its numbers being too small for a command equal to his rank, or to answer the purposes required by the plan which induced him to apply for the raising it. He says that on his agreeing to leave the command of the Horse he proposed to raise the Legion on the footing it was established by Congress; but that it was not intended he should only command this number of men in that Corps. He was to do detached duty with this corps, but a sufficient body of light troops from the Army was to be sent to him from time to time, to enable him to act with his legion in the partizan way and to support his enterprizes. That it was intended he should have under his command all the Foreigners particularly: and with this addition he should have had a respectable and useful body of troops. But as he is now ordered to the Southward this plan cannot take effect, and therefore it will be necessary to augment his Infantry to the number of a regiment, at least, as he cannot possess the advantages to the Southward he would have had, were he to serve with the grand Army. He says too that
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he has Officers sufficient for the command of a regiment, and therefore it will not be more expensive to the public on the score of Officers had he permission to encrease the number of privates. We have only related General Pulaski's representation to us, and to save time, if Congress should think these are sufficient reasons therefor, we beg leave to submit the following Resolution:
That General Pulaski have permission and he is hereby directed to augment the Infantry of his Corps to the number of a regiment, and for this purpose, and also to enable him to reenlist the Men of his corps whose times are about expiring, a warrant be drawn in favor of the pay Master of the Board of War for the Sum of, to be paid to General Pulaski, or his order, from time to time, as the Board shall deem expedient. He to be accountable for such sums as shall be paid to him or his order.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, III, folio 59.]
Adjourned to 10 o'Clock to Morrow.
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