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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 --FRIDAY, AUGUST 23, 1782
The agents for the Commonwealth of Pensylvania and the State of Connecticut, represent to the United States in Congress assembled, as follows:
"That having met and conferred together, and being informed that there is not any reason to hope for the attendance of Major General Greene as one of the commissioners for determining the dispute subsisting between us, and that the Hon. John Rutledge, esq. has declined serving, we have mutually appointed the Hon. Thomas Neilson, esq. of Virginia, and Welcome Arnold, esq. of Rhode Island, as commissioners in their stead; and we do pray that they, together with the other five, may be commissioned for that purpose.
Dated the 21 August, 1782.
The said agents also laid before Congress the following instrument of agreement:
"It is agreed between the agents for the Commonwealth of Pensylvania and the State of Connecticut, that Congress be requested to approve the appointment by the said agents of the Hon. William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, Cyrus Griffin, Joseph Jones, and Thomas Neilson, esqrs. and to constitute them, or any five or more of them, a court of commissioners to hear and finally determine the dispute between the said States, relative to their respective claims and possessions, agreeably to the 9th Article of the Confederation; and that a commission be made out for them under the seal of the United States and signed by the President of Congress; that each commissioner be allowed ten dollars a day for the time he shall be employed in the said business, for his services and expences, to be paid in the first instance, one half by the State of Pensylvania, and one half by the State of Connecticut: that the commissioners, or any five or more of them, do meet at
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Trenton, in New Jersey, on Tuesday, the 12th day of November next, and have power to adjourn, from time to time, and place to place, as they shall judge it necessary, until they shall make a final decision in the said cause; and that a copy of their resolutions be transmitted each of the said commissioners, and their attendance on the said business requested.
Dated 21 August, 1782.
Signed, William Bradford, Jr.
Joseph Reed,
James Wilson,
Jonathan D. Sargeant,
Eliphalet Dyer,
Jesse Root."
Whereupon, Ordered, That the secretary prepare and report the draught of a commission for the said William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, Cyrus Griffin, Joseph Jones and Thomas Neilson, or any five or more of them, as commissioners or judges nominated by the states of Pensylvania and Connecticut, to determine the dispute between the said states, agreeably to the 9th Article of the Confederation.1
[Note 1: 1 This motion, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 36, I, folio 329.]
On the report of a committee, consisting of Mr. [Joseph] Montgomery, Mr. [Theodorick] Bland, and Mr. [Ezekiel] Cornell, to whom was referred a letter of 11 July, from Major General Greene:
Whereas it may occasionally become necessary for the good of the service, that the cavalry and infantry of the legionary and partizan corps should do duty seperate, or by being detached with other troops:
Resolved, That the commanding officer of the army in which any of the legionary or partizan corps shall serve, may, when the good of the service, in his opinion, shall require it, detach either the cavalry or infantry thereof seperately, on occasional service, as he may think proper, to do duty by
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themselves, or with any other troops in the army; that he may also brigade them with other troops, if in his opinion the public good require it.
Resolved, That the legionary and partizan corps shall generally be entitled to take post according to seniority, but shall be liable to such disposition as the said commanding officer shall find expedient for the good of the service; and the officers of both horse and foot shall take rank in the army according to priority of commissions.1
[Note 1: 1 This, report, in the writing of Ezekiel Cornell, is in the Papers of the Continental Congress, No. 19, II, folio 491.]
The Committee [Mr. Joseph Montgomery, Mr. Edward Rutledge, Mr. Edward Telfair] to whom was referred the petition of Frans Wade, complaining of actions brought against him in the Delaware State, for debts contracted whilst he acted as Quartermaster for the United States, beg leave to report that the said petition, together with the resolutions of Congress on this subject of theday ofbe transmitted to the Executive of the State of Delaware.2
[Note 2: 2 This report, in the writing of Joseph Montgomery, is in the Papers of the Continental Congress, No. 19, VI, folio 133. It was passed on this day, according to the indorsement.]
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