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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 --MONDAY, JUNE 24, 1782
Mr. [James] Duane, a delegate for New York, attended and took his seat in Congress.
On a report from the Secretary at War, to whom was referred a memorial of Colonel James Livingston:
War Office June 24, 1782.
Sir,
I have read with attention the memorial of Colonel James Livingston and find that the representations he has made of his services and sufferings are supported by the papers accompanying his memorial. As he is driven from his home and has no means of support, but what he may receive from Congress by virtue of their resolution of the 23rd October 1780, though the present state of our finances and the systems adopted may prevent a settlement of his pay, yet such axe his peculiar circumstances as call for relief and will in my opinion fully justify his being permitted to draw a certain number of rations for which he should be charged. If Congress should approve of this sentiment they will please to resolve--
Resolved, That Colonel James Livingston be permitted to draw from the contractors at Albany daily, five rations of provisions for the support of himself and family, an account of which shall be transmitted by the comptroller to the war office, that he may be charged with such supplies.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 413.]
This being the day assigned for the appearance of the states of Pennsylvania and Connecticut, by their lawful agents, in pursuance of the notice transmitted to them agreeably to the resolution of the 14th of November last:
The State of Pensylvania appeared by William Bradford, Joseph Reed, James Wilson, and Jonathan Dickinson Sergeant, esquires, counsellors and agents, and Henry Osborne, esq. solicitor, who produced their credentials, which were read in the words following, viz.
In the Name and by the Authority of the Freemen of the Commonwealth of Pennsylvania, His Excellency William Moore, Esquire,
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president, and the Supreme Executive Council of the said Common. wealth:
To William Bradford, Esquire, Attorney General of [Seal] Wm. Moore President. the said Commonwealth, Joseph Reed, James Wilson, Jonathan Dickinson Sergeant, and Henry Osborne, Esquires.
We, reposing especial Trust and Confidence in your Prudence, Integrity, and Abilities, do by these presents constitute and appoint you the said William Bradford, Joseph Reed, James Wilson and Jonathan Dickinson Sergeant, to be our Counsellors and Agents, and you the said Henry Osborne, to be our Solicitor in the Cause now pending before the United States of America in Congress Assembled, between the said Commonwealth of Pennsylvania and the State of Connecticut; Hereby ratifying and confirming all and whatsoever you our said Counsellors, Agents and Solicitor shall lawfully do or cause to be done, touching or concerning the said Cause between the said States of Pennsylvania and Connecticut.
Given by Order of the Council under the Hand of His Excellency, William Moore, Esquire, President, and the Seal of the State, at Philadelphia, this nineteenth Day of June, in the Year of our Lord, One thousand seven hundred eighty and two.
Attest.
T. Matlack, Secy.1
[Note 1: 1 The original is in the Papers of the Continental Congress, Pennsylvania, Credentials of Delegates.]
Eliphalet Dyer, esq. laid before Congress the powers of agency from the State of Connecticut, which were read in the words and figures following:
L. S. "At a general assembly of the governor and company of the State of Connecticut, in America, holden at Hartford, in the said State, by adjournment, on the 10th day of January Anne Domini 1782.
"Whereas the United States in Congress assembled, by their order, passed the 14th day of November, 1781, have notified to this assembly, that pursuant to the 9th Article of the Confederation, the supreme executive council of the State of Pensylvania have presented a petition to Congress, stating that a controversy has long subsisted between the said State of Pensylvania and this State, respecting sundry lands lying within the northern boundary of the
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State of Pensylvania; and praying for a hearing in pursuance of the 9th Article of Confederation, and that the fourth Monday in June next is assigned for the appearance of the said States of Pensylvania and Connecticut by their lawful agents, in the place in which Congress shall then sit, to proceed in the premises as by the said Confederation is directed:
"Resolved by this assembly, That the honorable Eliphalet Dyer, William Samuel Johnson and Jesse Root, esqrs. or either two of them, be, and they are hereby appointed agents on behalf of this State, to appear before the United States in Congress assembled, to answer to the said petition, with full power and authority on behalf of this State, to agree with the agents for the State of Pensylvania, in the nomination and appointment of commissioners to hear and finally determine the said controversy, and to do every thing necessary on the part of this State, respecting the appointment of such commissioners, pursuant to the Articles of Confederation, and also to appear before the said commissioners, and to do every thing necessary and proper for the vindication and defence of the claim and right of this State to the said lands in controversy, both with respect to the property and jurisdiction, and pursue the same to final judgment, with power to employ council learned in the law, as they shall judge needful."
A true copy of record, examined by
George Wyllys, Secretary.
The seal of the State affixed.
William Samuel Johnson and Jesse Root, esqrs. two of the agents mentioned in the powers of agency, did not appear.
Only one of the agents for Connecticut appearing, a motion was made by Mr. [Eliphalet] Dyer, seconded by Mr. [Benjamin] Huntington, that farther day be given.1
[Note 1: 1 On this day, according to the indorsement, was read a letter of May 18 from Major General Greene. It is in the Papers of the Continental Congress, No. 155, II, folio 441. Also, a letter from him of May 26, enclosing a resolution of the British House of Commons and the King's reply. It was referred to Mr. [James] Duane, Mr. [Ralph] Izard, Mr. [James] Madison. It is on folio 445.]
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