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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, OCTOBER 3, 1783
Whereas it is provided in the sixth of the Articles of Confederation, that "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"; and the delegates of the State of Virginia having applied to Congress, for their approbation of two armed vessels being kept up by the said State at its own expence, for the purpose of securing her trade; and having also laid before Congress an act passed by the legislature of the said State, entitled "An Act directing the inlistment of guards for the public prisons and stores",
Resolved, That the State of Virginia may keep up, at its own expence, two armed vessels for the defence of the trade of that State, provided that the same do not exceed the number of 14 guns, six pounders, and seventy-five men each.
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Resolved, That the State of Virginia may keep up, at its own expence, to the number of 25 privates with proper officers to guard the public prisons and stores.
Mr. [Theodorick] Bland and Mr. [Arthur] Lee, two of the delegates of the State of Virginia, laid before Congress the following extract of a letter from the governor of Virginia to the delegates of the said State, Viz:
"I have nothing to communicate to you but that my advices from our northwestern frontier tell me that if the Pensylvanians continue their settlements on the other side of the Ohio a general Indian War is to be apprehended, which I am sure we are unable to engage in at present and yet we must take part in it or suffer the depopulation of our own country. How this imprudent step is to be corrected I know not."
And thereupon they moved,
That the above intelligence be communicated to the executive of the State of Pensylvania, and that it be recommended to the said State to take the most effectual measures to restrain their citizens from settling on the aforesaid territory.
After debate, the order of the day was called for; whereupon a question of order was raised, viz:
Is it in order to call for the order of the day while a question is before the house, the order of the day not having been postponed?
And on this question, the yeas and nays being required by Mr. [Theodorick] Bland,
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So it passed in the negative.
A motion was then made by Mr. [John Francis] Mercer, seconded by Mr. [Jacob] Read,
That the intelligence and motion be committed;
And on the question for committing, the yeas and nays being required by Mr. [Theodorick] Bland,
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So it was resolved in the affirmative.
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The order of the day being to consider the report of a committee on Indian affairs, was then called for, and the following paragraph being under debate:
"And whereas the legislature of the State of New York have granted lands at Onondaga and Cayuga, to certain officers and privates in the service of the United States, not only as bounties for recruiting and inlisting, but to appease the discontents, which prevailed for want of their pay, and as a reward for their meritorious services, the said commissioners are therefore further instructed to take care as far as will be consistent with the public peace, that in the establishment of the proposed lines, the said military grants be not prejudiced or impeached; but if it shall appear that the persisting in such grants and appropriations may so far irritate the Indians, as to expose these United States to the dangers and calamities of an Indian war; that then it will be proper for the commissioners to report the difficulties which shall so occur in their negotiation to the legislature of the State of New York; and in such case, it is earnestly recommended to the legislature of New York, to revise the laws by which such appropriations have been made, so as to prevent the calamities of a new rupture with the Indians."
A motion was made by Mr. [James] Duane, seconded by Mr. [Elbridge] Gerry, to strike out the said paragraph; and on the question, shall that paragraph stand? the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative, and the paragraph was struck out.
The following paragraph being under debate:
That the commissioners for the northern and western districts, or such other persons as may be appointed by Congress, shall be instructed to unite together in holding one convention with the Indians inhabiting the districts aforesaid, and their allies and dependents, for the purposes aforesaid, and only to yield to seperate conventions in case of inevitable necessity:
A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [Arthur] Lee, to amend by adding,
"Of which convention previous notice of at least one month shall be given by Congress, to the several States in the Union, from New Hampshire to Virginia inclusive, that such States as may conceive themselves interested, may, if they think proper, send commissioners to be present at the treaty negotiated with the Indians, for settling boundary lines by such persons as shall be appointed for that purpose by Congress."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Arthur] Lee,
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So it passed in the negative.
The Committee [Mr. James McHenry, Mr. Richard Peters and Mr. Theodorick Bland] to whom were referred the report of the Secretary at War, respecting Lt. Col. Fleury, beg leave to submit the following report viz.
That as Lieut. Col. Fleury retired under the resolution of the 31st December 1781, of course he is entitled to pay till that time and to the half pay or commutation and other emoluments allowed to officers continuing in the service to the end of the war, or deranged by Congress subsequent to the half pay establishment.1
[Note 1: 1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 19, II, folio 291. The indorsement says that it was delivered this day, entered and read.]
The Committee consisting of Mr [Abraham] Clark, Mr [Theodorick] Bland and Mr [James] McHenry to whom was referred the Memorial of Major Platt, report,
That the Paymaster General in settling the pay of Major Platt, allow the pay of Deputy Adjutant General for the times he did the duty of that Office in lieu of pay for any other Offices he filled at those times; and also the extra pay of Inspector in the Army for the time he did that duty.2
[Note 2: 2 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, V, folio 191. The indorsement states that it was read this day. Richard Platt's memorial is in No. 41, VIII, folios 184--190, and the indorsement shows that it was read and referred, on September 29.]
The Committee consisting of Mr [Samuel] Huntington, Mr [Elbridge] Gerry, and Mr [James] Duane, to whom were recommitted a report on the Commander in Chief's letter of the 19th of September 1783,
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and a Report on the subject of the provisional articles of peace, submit the following Report:
That not having been able to discover the sense of Congress, whether a proclamation ought to be prepared for enjoining the observation of all the articles of the provisional Treaty for restoring peace, or a proclamation for the special purpose, enjoining the observation of the sixth article only--They have submitted a draught of a proclamation suitable to each case for the consideration of Congress.
The Report on the Commander in Chief's letter they beg leave to return without amendment.
A Proclamation for enforcing the Sixth Article of the Provisional Treaty for Restoring Peace.
By the United States &c.
Whereas a Provisional Treaty for restoring peace was agreed to at Paris on the 30th. of November '82 by and between Richard Oswald Esq. Commr. &c. and John Adams &c.
by the 6th. article whereof it is agreed and concluded in the words following--
(Insert the 6th. Article.)
And whereas we the United States in Congress assembled by a certain act under our seal and dated 15th. of April in the year '83 did ratify and confirm the said provisional Treaty. Now therefore, in order to restrain all acts which may hereafter prevent the due execution of the said Treaty on the part of the United States, and to give proofs of our firm determination inviolably to adhere to and fully comply with all and every of the Stipulations contained in the said provisional Treaty, whenever a definitive treaty shall be agreed and concluded on by and between these United States and the King of Great Britain and ratifications thereof duly made and exchanged, We the United States in Congress assembled do hereby strictly require and enjoin all Governors, Magistrates and other Citizens of these United States duly to observe and strictly to conform to the Stipulations contained in the said 6th. Article afore recited.
Given under the seal of the United States.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 25, II, folio 271. The draft of the proclamation, in the writing of James Madison, is on folio 279.
According to the entry in Committee Book No. 186, a letter from the Secretary at War, dated October 3, and enclosing a letter from Brigadier General Armand, relative to the promotion of some of his officers, and a letter from Captain De Bert, was read, and referred back to the Secretary at War to report. The Secretary's letter is in No. 149, III, folio 241, and the enclosures on folios 232--240.]
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