NEW YORK, TUESDAY, JANUARY 11, 1785.

According to adjournment, the following states assembled: New Hampshire, Massachusetts, Rhode Island, New York, New Jersey; and from the state of Virginia, Mr. [Richard Henry] Lee, and from North Carolina, Mr. [Hugh] Williamson.

Mr. Lambert Cadwallader, a delegate for New Jersey, Mr. Pierce Long, a delegate for New Hampshire, and Mr. Zephaniah Platt, a delegate for the state of New York, produced the credentials of their respective appointments. 1

1 For Cadwallader's credentials see November 9, 1784, and Platt's under December 2, 1784.

The Sovereign and Independent State of New Hampshire

To the Honorable Pierce Long Esquire Greeting .

We the said state reposing special trust and confidence in Your wisdom, virtue and fidelity, do by these presents, constitute and appoint You the said Pierce Long Esquire a Delegate to represent this State in Congress untill the first Monday in November next agreeable to the rules and regulations established by Law. And We do hereby vest in you all the powers, authorities, rights and privileges appertaining or belonging to this your appointment, You governing Yourself from tune to tune agreeable to such orders as shall be transmitted to you by authority of our General Court. Witness Meshech Weare , Esquire, Our president and Commander in Chief in and over the said State, as given under his hand and the Great Seal of the State 0014 2 this first day of December Anno Domini one thousand seven hundred and Eighty four and in the Ninth Year of Our independence .

By His Excellency's command

M. Weare .

Joseph Pearson Dep Sec y

[SEAL] 1

1 The original is in the Papers of the Continental Congress , New Hampshire, Credentials of Delegates . It was entered in No. 179, Record of Credentials , and not in the Journal. The spelling of Long's first name varies in the Credentials. (See October 25, 1785, entered in the Journal of November 28, 1785.) His signature, as a witness to the privateer bond for the schooner McClary , of Portsmouth, September 2, 1776, is plainly Pierse Long; Papers of the Continental Congress , No. 196, IX, folio 110.

WEDNESDAY, JANUARY 12, 1785.

Mr. James McHenry, a delegate for Maryland, attended, and produced credentials, by which it appears, that on the 4th of December last, the hon bl . Samuel Chase, James McHenry and Gustavus Scott, were duly elected to represent that state in Congress the ensuing year.

Two states assembled: namely, New Hampshire and New Jersey; and from the state of Rhode Island, Mr. [David] Howell; from New York, Mr. [Zephaniah] Platt; from Maryland Mr. McHenry, and from Virginia, Mr. [Richard Henry] Lee. 2

2 On this or an approximate date was read a letter of Francis Cazeau, answering the objections made to his accounts. It is in the Papers of the Continental Congress , No. 78, VI, folio 243. Also, a letter of James Livingston on settlement of his claim of losses in the Quebec expedition. It is in No. 78, XIV, folio 607.

We hereby certify that the Honorable Samuel Chase James McHenry and Gustavus Scott Esquires were duly elected on the fourth Day of December seventeen hundred and eighty four to represent the State of Maryland in Congress the ensuing Year.

J. Dorsey , Cl. of the Senate.

Wm. Harwood , Cl. H. Del. 3

3 The original is in the Papers of the Continental Congress , Maryland, Credentials of Delegates . It was entered in No. 179, Record of Credentials , and not in the Journal.

THURSDAY, JANUARY 13, 1785.

Mr. William Samuel Johnson, a delegate for the state of Connecticut, attended, and produced the credentials of his appointment, which were read.

0015 3

Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey and Virginia; and from the State of Maryland, Mr. [James] McHenry.

State of Connecticut .

At a General Assembly of the State of Connecticut in America holden at New Haven on the second Thursday of October Anno Dom 1784.

This Assembly do appoint William Samuel Johnson Esq r . a Delegate to represent this State in the Congress of the United [SEAL] States for the Term of One Year from the first Monday of November, 1784, in the room of Charles Church Chandler Esq r . resigned.

A true Copy of Record Examin d . By George Wyllys Secret y . 1

1 The original is in the Papers of the Continental Congress , Connecticut, Credentials of Delegates . It was entered in No. 179, Record of Credentials , and not in the Journal.

[Motion of Mr Elbridge Gerry, referred to Mr Elbridge Gerry, Mr William Ellery, Mr Hugh Williamson:]

That the Postmaster General and Secretary in the War Office be directed forthwith and that the officers of the several departments of the Treasury be directed on or before the 21st day of March next as they may deem it exped t ., to remove the papers of their respective offices to this City where they are to be Kept till the further orders of Congress. 2

2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 19, I, folio 527. See post , February 2.

According to Committee Book, No. 186, the committee on Gerry's motion also considered and reported this day on the letters of December 3 and 23, 1784, on post office matters, from Postmaster General Ebenezer Hazard. The letter of December 23 is in the Papers of the Continental Congress , No. 61, folio 181, which is indorsed as having been referred to the Committee on the Post Office. The Gerry committee reported February 2 and a resolve was adopted February 7.

January 13: On this day a letter of December 15, 1784, from Major L'Enfant, with inclosures was referred to Mr. [David] Howell, Mr. [Archibald] Stewart and Mr. [Hugh] Williamson, who reported January 24.

The report of the Commissioner for settling marine accounts of the advances made for the frigate Confederacy at Martinique was referred to Mr. [Rufus] King, Mr. [William S.] Johnson and Mr. [Pierse] Long, who reported February 18.

The letter of December 24, 1784, from the Governor of Connecticut and proceedings of the Connecticut legislature on the claims of the Wyoming settlers and their memorial thereon was referred to the Committee of the Whole, to meet on Tuesday, January 25. See post , August 19.

Committee Book, No. 186 .

Also, on this day, was read according to its indorsement, a letter from Samuel Purviance, Dec. 20, 1784, enclosing a letter from Arthur Campbell and a memorial from the inhabitants of the Western country on the expected attack of the Cherokees on the Kentucky settlements. The letter and enclosures are in the Papers of the Continental Congress , No. 48, folios 273–289.

Also on this day, according to indorsement, was read a “Memorial of the Freemen inhabiting the Country Westward of the Allegany or Apalachian Mountain and Southward of the Ouasioto,” praying for the erection of the western territory, as bounded in the memorial, into a free and independent state. It is in No. 48, folio 281.

Also, a letter of December 3, 1784, from Meshech Weare, President of New Hampshire, transmitting an act of the general court of that state to invest Congress with additional powers for a limited term. It is in No. 64, folio 248.

Also, a letter of December 24, 1784, from Matthew Griswold, Governor of Connecticut, relative to the claims of settlers upon the Wyoming. It was referred to the committee of the whole house to meet Tuesday, January 25. It is in No. 66, II, folio 292.

Also, a letter of January 5 from Joseph Hardy applying for appointment as commissioner for adjusting accounts of the State of Maryland with the United States, which was referred, on January 17, to Mr. [John] Beatty, Mr. [David] Howell and Mr. [Samuel] Holten. On January 24 the committee was discharged and the letter ordered to be filed. The letter is in No. 78, XII, folio 357.

FRIDAY, JANUARY 14, 1785.

Congress assembled. Present as yesterday.

SATURDAY, JANUARY 15, 1785.

Congress assembled. Present as yesterday. 1

1 On this day, as the indorsement states, was read a letter from Joseph Carleton, Secretary of the War Office, dated January 10, 1785, proposing to remove the War Office records to New York. It was referred to the committee on Mr. Gerry's motion: Mr. [Elbridge] Gerry, Mr. [William] Ellery and Mr. [Hugh] Williamson. It is in the Papers of the Continental Congress , No. 60, folio 111. The committee reported February 2.

Also on this day, according to Committee Book No. 186, a letter of M. de Marbois, respecting the portraits of the King and Queen of France, was referred to this same committee which reported February 1. The letter is in No. 96, 326.

Also a letter of January 14, 1785, from the Mayor of New York, was referred to Mr. [Samuel] Hardy, Mr. [Rufus] King and Mr. [Lambert] Cadwallader, who reported, January 18.

MONDAY, JANUARY 17, 1785.

Mr. John Sitgreaves, a delegate for the state of North Carolina, attended, and took his seat.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Virginia and North Carolina; and from the state of Pennsylvania, Mr. [Joseph] Gardner; from Maryland, Mr. [James] McHenry, and from South Carolina, Mr. [Charles] Pinckney.

Congress took into consideration the ordinance for ascertaining the powers and duty of the Secretary at War; and the same being read a second time,

Ordered , That Wednesday the 19th of the present month, be assigned for the third reading.

[Motion of Mr. David Howell:]

That Congress in future be supplied with such newspapers from each State as the Delegates representing such State in Congress for the time being shall point out to the Secretary.

[Motion of Mr. Hugh Williamson:]

It is unnecessary that Congress in future be supplied with any other newspapers than such as are published in the place of their present Residence. 1

1 These motions, in the writing of Howell and Williamson respectively, are in the Papers of the Continental Congress , No. 23, folios 221 and 223. They were referred to Mr. Williamson, Mr. [Elbridge] Gerry and Mr. [Joseph] Gardner, who reported February 28.

On this day, according to the indorsement, was read a letter from William S. Smith, dated January 15, 1785, offering his services to Congress. It is in No. 92, folio 1.

January 17: On this day the Committee of the Week was designated as Mr. [John] Sitgreaves, Mr. [Joseph P.] Cook and Mr. [Pierse] Long.

The following committees were appointed:

A Grand Committee—Mr. [Abiel] Foster, Mr. [Rufus] King, Mr. [David] Howell, Mr. [Joseph P.] Cook, Mr. [Zephaniah] Platt, Mr. [Lambert] Cadwallader, Mr. [Joseph] Gardner, Mr. [John] Vining, Mr. [James] McHenry, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson, Mr. [Charles] Pinckney and Mr. [William] Houstoun, to whom was referred a letter of August 17, 1784, from the Superintendent of Finance, of August 30, on the Holland loan and of August 30 on duties payable in free ports of France; papers respecting a Mint, January 24, letter of November 11, 1784, from John Adams, Benjamin Franklin and Thomas Jefferson; letter of November 3 from John Adams; letter of January 15, 1782, from the Superintendent of Finance on a Mint and the instructions to the Massachusetts delegates respecting the regulation of gold and silver coins. This committee was renewed April 6.

Mr. [Charles] Pinckney, Mr. [Samuel] Hardy, Mr. [James] Monroe, Mr. [William S.] Johnson and Mr. [Zephaniah] Platt, on the instructions to the Massachusetts delegates to obtain the opinion of Congress on sundry parts of the Definitive Treaty. See post , August 19.

Mr. [Jacob] Read, Mr. [John] Beatty, Mr. [David] Howell, Mr. [Samuel] Hardy and Mr. [Rufus] King were appointed a standing committee on qualifications. See post , March 14.

Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [John] Beatty, on motion of Mr. Read for appointing five commissioners to survey the western country ceded to the United States. See ante , December 2, 1784, and post , April 13.

Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Zephaniah] Platt, Mr. [Pierse] Long and Mr. [James] McHenry, to review the regulations of the Treasury Department and report an ordinance for its future regulation, also a motion of Mr. [Charles] Pinckney that the Commissioners of the Board of Treasury give bond for the faithful discharge of the office. A report on Mr. Pinckney's motion was made January 31. This committee was renewed April 12.

Mr. [Samuel] Hardy, Mr. [Charles] Pinckney, Mr. [Hugh] Williamson, Mr. [David] Howell and Mr. [Rufus] King, to report an ordinance to regulate the Indian trade. See post , May 16.

Mr. [John] Beatty, Mr. [David] Howell and Mr. [William Samuel] Johnson, on the accounts of John Hopkins, Commissary of Prisoners. Mr. Johnson took the place of Mr. Gunning Bedford on this committee which had been appointed December 7, 1784. A report was rendered February 1.

Mr. [Hugh] Williamson, Mr. [William Samuel] Johnson and Mr. [Pierse] Long, on the petition of James Rumsey, relating to his invention of a power boat. This committee took the place of Mr. Benson, Mr. Williamson and Mr. William Churchill Houston, who has been appointed December 8, 1784. A report was rendered May 11.

Mr. [Samuel] Holten, Mr. [Jacob] Read, Mr. [Samuel] Hardy, Mr. [Richard Dobbs] Spaight and Mr. [William Samuel] Johnson, on the note from the Minister of the United Netherlands, dated December 8, 1784, relative to a change in the form of sea letters. To this committee also was referred letters from William Carmichael, dated August 2, 1783, respecting commerce with Saxony, and Philip Thierot, commercial agent for Saxony. This was a change in personnel from the committee as originally appointed on December 9, 1784, which was Holten, W. C. Houston, Read, Bedford, and Hardy, which later became Holten, Read, Gerry, King, and W. Livingston and on January 17 as above. This committee was discharged February 15. Van Berckel's letter is in No. 81, I, 491 and Carmichael's is in No. 88, II, folio 380. See post , February 15 and November 1.

Mr. [Elbridge] Gerry, Mr. [James] Monroe, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [William Samuel] Johnson, to revise the plan of a Convention for regulating the powers and privileges of consuls, vice consuls and agents which had been proposed to the Court of Versailles; also the letter of September 17, 1784, from Thomas Barclay. This committee had been appointed December 14 with Mr. John Jay as chairman.

Mr. [John] Beatty, Mr. [David] Howell and Mr. [Samuel] Holten, on letter of December 16, 1784, from John White, applying for appointment as commissioner for settling accounts between the United States and Maryland; also letter of January 5 from Joseph Hardy applying for the same commissionership or that for North Carolina. The committee was discharged of Hardy's letter January 24 and reported on White's letter January 26.

Mr. [Hugh] Williamson, Mr. [Jacob] Read, Mr. [Elbridge] Gerry, Mr. [Rufus] King and Mr. W[illiam] Livingston, the Committee on Post Office, “To enquire fully into the proceedings of the post office & report agreeable to resolution 17 July, 1782. Reported up to I Jany.” This was a change of personel from the committee appointed December 9, which consisted of Mr. Williamson, Mr. [William] Houstoun, Mr. [John F.] Mercer, Mr. [John] Jay and Mr. [Jacob] Read.

Mr. [Hugh] Williamson, Mr. [Samuel] Hardy, Mr. [George] Partridge, Mr. [Samuel] Holten and Mr. [Richard D.] Spaight, on papers respecting capture of the schooner Good Fortune belonging to R. Ellis. Mr. Richard D. Spaight had been added to this Committee which was appointed December 16, 1784 and Mr. William Houston dropped.

Mr. [John] Beatty, Mr. [Zephaniah] Platt and Mr. [Pierse] Long, on memorial of Mordecai Hale, surgeon's mate, for relief on account of disablement in service. This committee took the place of that appointed December 16, 1784, Mr. Egbert Benson, Mr. John Beatty and Mr. Samuel Dick. Report made January 24.

The following committees were renewed:

On report on reprinting the Journals with additions: Mr. [Samuel] Hardy, Mr. R. R. Livingston, Mr. [William C.] Houston, Mr. [David] Howell and Mr. [James] McHenry in place of Mr. Gunning Bedford. See ante , December 7, 1784.

On letter of August 26, 1783, from the Governor of Havana, Luis de Unzaga, on detention of Oliver Pollock and letter of September 30 from Pollock: Mr. [George] Partridge, Mr. [John] Beatty, Mr. [Joseph] Gardner, Mr. [Charles] Pinckney and Mr. [Elbridge] Gerry, with Gerry in the place of William Houston, the committee of December 1, 1784. Committee discharged February 9, and papers referred to Secretary for Foreign Affairs.

On letters from Superintendent of Finance, August 17, September 30, on loan in Holland, September 30, on duties payable in free ports in France. Committee “To meet in this room on Saturday next at 10 o'clock”: Mr. [George] Partridge, Mr. [David] Howell, Mr. [William] Houstoun, Mr. [James] McHenry, Mr. [John] Vining, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson, Mr. [John] Beatty, Mr. [William C.] Houston, Mr. [Abiel] Foster, Mr. [Joseph P.] Cook and Mr. [Egbert] Benson.

On instructions to delegates of Massachusetts to take the opinion of Congress on sundry parts of the Definitive Treaty: Mr. [Charles] Pinckney, Mr. [Samuel] Hardy, Mr. [James] Monroe, Mr. [William] Gibbons and Mr. [Gunning] Bedford.

On motion of Mr. [Jacob] Read for appointing five Commissioners to survey the western territory ceded to the United States: Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [William] Houstoun.

Grand Committee on instructions to delegates of Massachusetts on regulation of gold and silver coins.

On revision of regulations of the Treasury Department and report on ordinance for its future regulation and motion of Mr. Pinckney that the Commissioner “give bond & security for faithful discharge of the office”: Mr. [Egbert] Benson, Mr. [David] Howell, Mr. [William] Houstoun, Mr. [Gunning] Bedford and Mr. [Hugh] Williamson.

To report an ordinance for regulation of the Indian trade: Mr. [Samuel] Hardy, Mr. [Charles] Pinckney, Mr. Egbert Benson, Mr. [Hugh] Williamson and Mr. [David] Howell.

On motion of Mr. John F. Mercer “That a Comtee. be appoind. to consider whether any and what measures may be necessary for Congress to adopt in pursuance of their recommendats. to the States of April 18th, 1783”: Mr. [David] Howell, Mr. [James] Monroe and Mr. [Samuel] Holten in place of Mr. Mercer, Mr. John Jay and Mr. Howell, who had been appointed December 17, 1783. See post , February 14.

On letter of November 22, 1784, from the President of Pennsylvania; sentence of Longchamps and all papers respecting him: Mr. [Rufus] King, Mr. [Jacob] Read, Mr. R. R. Livingston, Mr. [William] Houstoun and Mr. [William S.] Johnson, this last in place of Mr. John F. Mercer, who with the others, had been appointed December 22. The committee was discharged February 11 and “all papers referred to Secy. for Foreign Affairs.”

On letter of September 30, 1784, from Superintendent of Finance concerning Oliver Pollock and Morris' letter of resignation, November 1, 1784: Mr. [Jacob] Read, Mr. [James] Monroe and Mr. [James] McHenry. This committee was appointed December 1, 1784, on this renewal Mr. McHenry was appointed in place of Mr. [William] Houston. Committee was again renewed March 14.

Committee Book No. 186 .

TUESDAY, JANUARY 18, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Virginia, North Carolina and South Carolina; and 0019 7 from Pennsylvania, Mr. [Joseph] Gardner, and from Maryland, Mr. [James] McHenry.

On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [Rufus] King and Mr. [Lambert] Cadwallader, 0020 8 to whom was referred a letter of the 14th, from the Mayor of the city of New York, enclosing a resolution of the Common Council, “Offering to the United States in Congress assembled, such parts of the city-hall, or other public buildings belonging to the Corporation, as Congress shall deem 0021 9 necessary, and best suited for their accommodation” brought in a report; Whereupon,

Resolved , That the Mayor and Corporation of the city of New York be informed, that Congress entertain a just sense of the attention which they have manifested to the interest of the federal union, in the offer they have made of such of the public buildings in the city as may be necessary for the transaction of public business; and that they accept of the several apartments in the city-hall, the whole of which (except the court and jury rooms) will be necessary for the session of Congress, and the accommodation of their officers. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 20, I, folio 407. The letter of the mayor, James Duane, is in No. 67, II, folio 469.

The Committee consisting of Mr [William] Ellery, Mr [Elbridge] Gerry, and Mr [William] Houstoun, to whom a memorial of Jedediah Leeds & Co. was referred beg leave to report.

That from said Memorial and the papers accompanying it, it appears that the Memorialists were owners of a sloop called Fortune which in the year 1782 sailed from the State of Connecticut on a trading voyage to Martinico in the West Indias. That on her passage she was captured by a British cruizer, and soon after recaptured by John Barry Esq. Commander of the Continental Frigate Alliance and sent to Mr. Ceronio, Agent in Hispaniola for the United States, who sold said vessel and cargo. That the said agent has charged the United States with one half of the nett proceeds of the said prize Sloop Fortune and Cargo amounting to 5063 livres, six sols, and 11 deniers, Hispaniola Currency. That the Memorialists, not knowing that the one half of the nett proceeds of said Sloop and cargo was transmitted to the Treasury of the United States for the use of said Company, commenced an action against Capt. Barry, and at a Superior Court held in New London in the State of Connecticut on the 4 th Tuesday of Sept. A.D. 1784 recovered judgment against him for the sum of £471.5.10 Lawful Money and costs. That by an ordinance passed the 3 rd day of December 1781 it is ordained that, “in all cases of recapture by an armed vessel, fitted out at the expense of the United States, of a vessel or other effects belonging to a citizen, the Court shall adjudge the proportion which would be due 0022 10 to the United States to be remitted to such citizen, no regard being had to the time of possession by the enemy.” That the Memorialists being informed of this ordinance applied to the late Superintendent of Finance and found that one half of the nett proceeds of said Sloop Fortune and Cargo amounting to 5063 livres 6 sols 11 Den. as before mentioned had been paid into the Treasury of the United States but that Mr. Morris being out of office did not consider himself authorized to pay the same to the Memorialists without a special order of Congress.

That notwithstanding your Memorialists have obtained Judgment against Captain Barry for a much larger sum then the nett proceeds of the one half of said Sloop Fortune and her Cargo, they are content to receive said sum of 5063 Livres 6 sols 11 Deniers and will thereupon discharge Captain Barry from said Judgement.

Wherefore your Committee are of opinion that the Treasurer of the United States should be directed to pay to Jedediah Leeds & Co. or their order to the amount of five thousand and sixty three livres, six sols, and eleven deniers Hispaniola currency, upon their giving to Captain Barry a full discharge from the judgement obtained against him by the sd. Jedediah Leeds & Co. at a Superior Court held at New London in the State of Connecticut on the 4th Tuesday of Sept. 1784. 1

1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 19, III, folio 525. Leeds & Co.'s memorial is in No. 41, V, folio 341. See post , February 24. This committee had been appointed December 14, 1784.

On this day, according to Committee Book No. 186, the following nominations were made for Commissioner under the Ordinance of December 23, for erecting federal buildings:

John Brown by Mr. [David] Howell.

Francis Hopkinson by Mr. [Hugh] Williamson.

James Christie by Mr. [Joseph] Gardner.

Philemon Dickinson by Mr. [Archibald] Stewart.

Robert Morris by Mr. [William] Ellery.

Govr. [William] Livingston by Mr. [Elbridge] Gerry, withdrawn by Mr. Gerry.

Genl. Gates by Mr. [James] Monroe.

Genl. Smallwood by Mr. Charles Pinckney.

Genl. the Baron Steuben by Mr. [Samuel] Hardy.

WEDNESDAY, JANUARY 19, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Virginia, North Carolina and South Carolina; and from the state of Pennsylvania, Mr. [Joseph] Gardner; from Maryland, Mr. [James] McHenry, and from Georgia, Mr. [William] Houstoun.

Congress proceeded to the election of another chaplain, and, the ballots being taken, the Re d . Mr. Provost was elected, having been previously nominated by Mr. W[illiam] Livingston. 1

1 On this day, as the indorsement states, was read a letter of David Humphreys asking for a continuance of his rank in the Regular Army. It is in No. 59, II, folio 251.

January 19: The following committees were appointed:

Mr. [Hugh] Williamson, Mr. [William] Ellery, Mr. [James] McHenry, Mr. [David] Howell and Mr. [William S.] Johnson, on letter of January 18, from Samuel Parsons, on his claims for services, etc. in Martinique. Report made March 4. Parsons' letter is in the Papers of the Continental Congress , No. 78, XVIII, folio 535.

Mr. [William S.] Johnson, Mr. [Samuel] Hardy and Mr. [Rufus] King, on memorial of George Meade respecting the brig Hope and also petition of Col. John Ely. Discharged of the Meade memorial February 22 which was then referred to the committee on the letter from Cyrus Griffin and J. Lowell, of December 23, 1784, Mr. [Jacob] Read, Mr. [Elbridge] Gerry and Mr. [Charles] Pinckney, which had been appointed December 24. This committee, was renewed and augmented February 22. Report on the Ely petition was made February 18.

Mr. [George] Partridge, Mr. [John] Bull and Mr. [Samuel] Hardy, on letter of January 5, 1785, from Joseph Howell, Jr., on claims of Captain Ayott. Report made February 21. Howell's letter is in the Papers of the Continental Congress , No. 62, folio 99.

Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard D.] Spaight, on letter of November 3, from John Adams and of November 11 from Adams, Franklin and Jefferson with accompanying papers. Committee discharged January 24 and letters referred to the Grand Committee.

Committee Book, No. 186 .

THURSDAY, JANUARY 20, 1785.

Congress assembled. Present as yesterday.

On the report of a committee, consisting of Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy, Mr. [Richard Dobbs] Spaight, to whom were referred a letter, of 3 November, 1784, from the hon ble . John Adams, and a letter, of the 11 of the same month, from the hon ble . John Adams, Benj. Franklin and Thomas Jefferson,

Resolved , That the paragraph in the joint letter respecting the communications they have received from the Count de Vergennes upon the subject of the Dutch loans guarantied by France, and the particular loans of France, as also the paragraph respecting the letter of Mr. LeGrand to Mr. Franklin, and the letter of Mr. Adams, be transmitted to the several executives, and that they be requested to lay them before their respective legislatures for their information upon the subjects on which they treat, under the most solemn injunctions of secresy. 1

1 These two paragraphs were also entered in the manuscript Secret (Domestic) Journal, and in the manuscript Secret Journal, Foreign Affairs. A copy of the resolve, which was sent to one of the States, is in the Papers of the Continental Congress, Miscellaneous , in the Library of Congress; with it is the extract from the letter of Adams, Franklin and Jefferson of November 11, 1784.

The report, in the writing of James Monroe, is in the Papers of the Continental Congress , No. 25, II, folio 405. See post , January 27, note .

To this same committee were also referred the letters from John Adams of October 20, 1784; from C. W. F. Dumas of September 18, October 8 and 12 and the letter from Thomas Barclay of November 15. The Committee was, this day, discharged and the “business transfered to Grand Comee.” See post , January 24. The Barclay letter is in the Papers of the Continental Congress , No. 137, Appendix, folio 373.

January 20: The following committees were appointed:

Mr. [Zephaniah] Platt, Mr. [James] McHenry and Mr. [Samuel] Hardy, on the Address of the Tradesmen and Mechanics of New York. Report was rendered February 4.

Mr. [Samuel] Hardy, Mr. [Samuel] Holten, Mr. [William S.] Johnson, Mr. [Hugh] Williamson and Mr. [Jacob] Read, on letters of January 14, and 20, 1785, (the letter of January 14 was read this day; that of the 20th is indorsed as having been read the 24th) from James Milligan on “a forgery of settlemt. certificates.” These letters are in the Papers of the Continental Congress , No. 35, folios 9 and 15, respectively. Also to this committee was referred the letter of January 15 from Joseph Pennell on the settlement of marine accounts and allowance to be made to marine agents. Reports were made, according to Committee Book, 186, on January 31 and May 13, but the report of the Board of Treasury, of June 10, was on Pennell's letters of January 15 and April 30. This report was read June 13.

Mr. [Samuel] Holten, Mr. [James] McHenry and Mr. [John] Beatty, on memorial of Capt. Giles Wolcott respecting settlement of his accounts as quartermaster in the Northern Department. A report was rendered January 28.

Committee Book, No. 186 .

FRIDAY, JANUARY 21, 1785.

Congress assembled. Present as yesterday.

On motion of the delegates from Massachusetts and New York,

Congress proceeded to determine according to the mutual agreement of the agents of the said states of Massachusetts and New York the 24 Decr. the place where the court shall be holden for determining the controversy between the states of Massachusetts and New York, and the ballots being taken,

The city of Williamsburgh, in the commonwealth of Virginia, was fixed determined to be the place for holding the said court, conformably to the agreement of the agents of the said states.

The committee, consisting of Mr. [Jacob] Read, Mr. [William] Ellery and Mr. [Samuel] Hardy, to whom were referred the letters of the 3 d and 16 th of November last from Mr. Laurens, having reported in part,

That in conformity to the repeated wishes expressed by the hon ble Benjamin Franklin, Esquire, Minister Plenipotentiary from the United States at the Court of Versailles, he be permitted to return to America as soon as convenient and that an early day be appointed for the election of a proper person to represent the United States at the Court of Versailles.

When this part of the report was under debate,

0026 14

A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Charles] Pinckney, to strike out the words “as soon as convenient and that an early day be appointed “for the election of a proper person to represent “the United States at the Court of Versailles” and in lieu thereof to insert “as soon as a minister shall have “been appointed to succeed him at that Court.”

And on the question to agree to this amendment, the yeas and nays being required by Mr. [Samuel] Hardy—

New Hampshire, Mr. Foster, no no Long no Massachusetts, Mr. Holten, no Partridge, no no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. Walr. Livingston, ay ay Platt, ay New Jersey, Mr. Cadwallader, ay ay Stewart, ay Maryland, Mr. McHenry, ay * Virginia, Mr. Hardy, ay Monroe, ay ay R. H. Lee, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Read, ay Bull, ay ay Pinckney, ay

So the question was lost. 1

1 This proceeding was entered in the Secret Journal, Foreign Affairs, No. 5, v. 2, p. 1023, and in No. 6, v. 3, fol. 251.

On this day, as the indorsement states, was read a petition of the merchants of New York who have suffered by depreciation of paper currency and referred to Mr. [Samuel] Hardy, Mr. [James] Monroe, Mr. [Rufus] King, Mr. [William Samuel] Johnson and Mr. [James] McHenry. It is in the Papers of the Continental Congress , No. 42, V, folios 431–442, and was reported on March 28. Also a letter of John Brown Cutting asking for settlement of his accounts, which was referred to Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [Rufus] King. It is in No. 78, VI, folio 251. On folio 255 is a letter of Edward Fox of December 9, 1784, respecting Brown's accounts, which was read January 21 and referred, with a report thereon, to the same committee. A report was made February 5.

MONDAY, JANUARY 24, 1785.

Congress assembled. Present as before.

On motion of Mr. [David] Howell, seconded by Mr. [Jacob] Read,

Resolved , That the grand committee now existing, be, and are hereby instructed, to report a requisition on the states for the supplies of the present year. 1

1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, Miscellaneous , in the Library of Congress. It is signed, headed, and dated by Chas. Thomson.

[Motion of M r . Charles Pinckney, respecting Count de Grasse:]

That the Secretary of foreign affairs be directed to prepare the draught of a letter from Congress to his most christian Majesty expressive of the high sense Congress entertain of his Majesty's attachment and regard for these states and requesting that in consideration of the eminent services rendered to them by the Count de Grasse while Commanding his Majesty's fleet in the Chesapeake, his Majesty would be graciously pleased to restore the Count to his favour and the military appointments he formerly held. 2

2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 36, II, folio 493. The indorsement states that it was referred on this day to Mr. [Rufus] King, Mr. [Charles] Pinckney and Mr. [David] Howell and the business transferred August 19.

On this day the committee appointed January 19 on the letters of Adams, Franklin, and Jefferson was discharged and the letters referred to the Grand Committee.

On this day also was read a letter from James Milligan, of January 20, referring the forged certificates. It was referred to the Committee of January 20 on his letter of January 14. This Milligan letter is in the Papers of the Continental Congress , No. 35, I, folio 15.

[Report of Mr John Beatty, Mr Zephaniah Platt, Mr Pierse Long:]

The Committee to whom was referred the Memorial of Mordecai Hale late Surgeon's mate in Col. Lamb's Regiment of Artillery submit the following Report.

That the Act of Congress of the 26th Aug t ., 1776, having made ample provision for such officers and soldiers as may be wounded or disabled in the Service of the U. S. the application of Doctor Hale ought to should be referred to the Legislature of the State of which 0028 16 he is a citizen, as thro' that channel the benefits accruing under the Act are to be obtained.

[The Secretary to communicate the substance of the foregoing report to Mr Hale.] 1

1 This report, in the writing of John Beatty, except the part in brackets, which is in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 19, III, folio 1. The indorsement states that Thomson informed Hale of the decision January 24, 1785. Committee Book No. 191 notes that final action [ vide the part in Thomson's handwriting] was taken on January 25.

[Motion of Mr David Howell respecting contractors for Ox Teams:]

Resolved , That the Commissioner for settling the accounts of the State of Rhode Island and Providence Plantations with the U. States be and he is hereby directed forthwith to ascertain the sums due to the Contractors for ox teams in sd State and conductors employed in the Campaign of 1781, and that sd State be authorized to pay such sums to the respective individuals to Whom they may be due and to charge the amount thereof, with interest from the time of payment, to the U. States as part of that State's Quota on the requisition of April 27, 1784. 2

2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress , No. 22, folio 205. The indorsement states that it was referred on this day to Mr. [Hugh] Williamson, Mr. [John] Stewart and Mr. [William Samuel] Johnson. A report was rendered February 11.

On this day also the committee appointed January 17 was discharged of Joseph Hardy's letter of January 5.

On letter of September 30, 1784, from the Superintendent of Finance, on the accounts of Silas Deane. This committee had been appointed December 1, 1784, as Mr. [George] Partridge, Mr. John Beatty and Mr. [William] Henry; it was renewed with Mr. [William] Ellery in place of Henry and a report rendered February 21.

Committee Book, No. 186 .

The Committee [consisting of Mr. David Howell, Mr. Archibald Stewart and Mr. Hugh Williamson] to whom was referred a letter dated Philada. Dec. 15, 1784, and signed P. Chrs. L'Enfant Engineer in the late Army of the U. States with its enclosures, a memorial on the necessity of establishing a Corps of Engineers, and a dissertation on the qualifications of an Engineer, being of opinion that the situation of the military posts in the U. States does not require the establishment of a Corps of Engineers on the plan of the memorialist, beg leave to submit the following resolution.

0029 17

Resolved , That the papers be placed on file in the office of the Secretary of Congress. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress , No. 19, III, 539. See post , January 25. L'Enfant's letter, with enclosures, is in No. 78, XIV, folios 579–92.

January 24: The following committees were appointed:

Mr. [Archibald] Stewart, Mr. [John] Bull and Mr. [Joseph] Gardner, Committee of the Week.

Mr. [Rufus] King, Mr. [David] Howell and Mr. [James] Monroe, on memorial of Thomas Walker for losses sustained in Canada. It is in the Papers of the Continental Congress , No. 41, X, folio 665. Report was rendered April 11.

Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy, on letter of William Denning, dated January 24, on settlement of accounts of the Quartermaster General's department. It is in No. 78, VIII, folio 93. Report was made February 11.

Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight, on letter of John Jay, January 23, on duties of the Secretary for Foreign Affairs. Jay's letter is in No. 80, I, folio 3. Report was rendered February 2.

Mr. [James] McHenry, Mr. [William S.] Johnson and Mr. [Robert R.] Livingston, on petition of Timothy Bradly for an addition to pay allowed in 1777–8. The petition is in No. 42, I, folios 320–324. Report rendered February 1.

Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Hugh] Williamson and Mr. [Richard Dobbs] Spaight, on cases of Laurent Olivier and Jean Menard, Canadians. Olivier's letters are in the Papers of the Continental Congress , No. 35, I, folios 135–141, Menard's on folios 157–173. The committee was renewed March 9 and Lafayette's letter and various other papers respecting Canadians referred to it. It was discharged of the Olivier case April 28, and reported on the others May 2.

Mr. [David] Howell, Mr. [Jacob] Read and Mr. [James] McHenry, on memorial of Capt. Paschke for 300 dollars to enable him to return to his own country, which was read December 22, 1784. Report was rendered February 17.

Mr. [William] Ellery, Mr. [Samuel] Holten and Mr. [David] Williamson, on letter from Joseph Carleton, January 20, for funds to pay subsistence money to officers in service for the month of January. Report rendered January 26.

The following Committees were renewed: On motion of Mr. [James] Monroe for giving to the United States the general regulation of trade. This committee had been appointed December 6, 1784, as Mr. [John] Jay, Mr. [Elbridge] Gerry, Mr. [James] Monroe, Mr. [Richard Dobbs] Spaight and Mr. [William] Houstoun; it was renewed with Mr. [William S.] Johnson in place of Jay and a report rendered February 16.

TUESDAY, JANUARY 25, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, 0030 18 Pennsylvania, Virginia, North Carolina and South Carolina; and from the state of Maryland, Mr. [James] McHenry, and from Georgia, Mr. [William] Houston.

On the report of a committee, consisting of Mr. [David] Howell, Mr. [Archibald] Stewart and Mr. [Hugh] Williamson, to whom was referred a letter of C. L'Enfant, Engineer in the late Army of the United States, with the papers enclosed; a memorial on the necessity of establishing a corps of Engineers, and a dissertation on the qualifications of an Engineer.

Resolved , That the said papers be placed on file in the Office of the Secretary of Congress.

Congress proceeded to the election of three Commissioners to constitute a board of Treasury, conformable to the Ordinance of the twenty eighth of May, 1784, and the ballots being taken, Mr. John Lewis Gervais, Mr. Samuel Osgood and Mr. Walter Livingston, were elected: the first having been previously nominated by Mr. [Jacob] Read, the second by Mr. [Samuel] Holten, and the third by Mr. [Archibald] Stewart. 1

1 On this day, as the indorsement states, was read a letter of January 18 from John Dickinson, the President of Pennsylvania, relative to claims of Pennsylvania citizens against the United States and the Connecticut claimants to Pennsylvania lands. It is in No. 69, II, folio 487.

On this day also the committee, appointed December 22, 1784, on the letter from the Supreme Executive Council of Pennsylvania, of December 20, requesting two additional commissioners to settle accounts in that state, was renewed, with Mr. [Zephaniah] Platt in place of Mr. [Robert R.] Livingston. A report was rendered January 26.

On this day also, according to Committee Book, No. 190, a petition from Benjamin Rush, in behalf of the trustees of Dickinson College, to rent the public buildings at Carlisle was referred to Mr. [David] Howell, Mr. [James] McHenry and Mr. [William] Henry who reported February 7.

Also the address of the New York Chamber of Commerce was referred to Mr. [Zephaniah] Platt, Mr. [James] McHenry and Mr. [Samuel] Hardy who reported February 4.

Also the Committee of the Whole took into consideration the letter of December 24, 1784, from the Governor of Connecticut relative to claims of settlers in the Wyoming Valley, with a memorial of the inhabitants and the proceedings of the Connecticut legislature thereon. See post , August 19.

Also was read a letter from Nathanael Greene, regarding Capt. Finnie, dated January 25, 1785. It is in the Papers of the Continental Congress , No. 155, II, folio 702.

On this day, according to the indorsement, Mr. [Zephaniah] Platt was substituted for Mr. R. R. Livingston on the committee of December 20, 1784, on the letter from the Supreme Executive Council of Pennsylvania (President John Dickinson). See post , January 26, January 28 and February 11.

Also, according to indorsement, the letter from the Superintendent of Finance, dated January 15, 1782, on the establishment of a mint, was this day referred to the Grand Committee. This was the Grand Committee of January 17, with a few changes in personnel, which, was renewed, according to Committee Book No. 186, on April 6.

WEDNESDAY, JANUARY 26, 1785.

Congress assembled. Present, the same as yesterday.

On the report of a committee, consisting of Mr. [William] Ellery, Mr. [Samuel] Holten and Mr. [David] Williamson, to whom was referred a letter from the Secretary in the War Office, of the 20th January, 1785,

Resolved , That Michael Hillegas, esqr. continental treasurer, be directed to furnish Philip Audebert, deputy paymaster general, with the sum of three hundred and fifty nine dollars and forty two ninetieths of a dollar, being the amount of subsistence due to the officers in service for this present month of January, agreeably to an account enclosed in a letter of the Secy in the War Office to Congress, dated January 20, 1785. 1

1 The report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 27, folio 271. Secretary Carleton's letter is in No. 60, folio 115.

On this day, as the indorsement states, was read a petition of Edward Antill for relief from depreciation of his pay, and referred to Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Pierse] Long. It is in No. 42, I, folio 75. According to Committee Book No. 190, a report was made March 9 and Committee Book, No. 191, shows that the committee report was transferred; the indorsement on the petition states that it was filed September 19, 1786.

Also a petition of Michael Byrne for Congress's patronage of his invention which was reported on by the Committee of the Week and ordered to lie. It is in No. 42, I, folio 335.

Also, an address, signed by appointment, of a meeting of Quakers pleading for the abolition of negro slavery. It is in No. 43, folio 347.

Also, on this or an approximate date, a memorial of James Duane and Walter Livingston, agents for New York, protesting against holding a federal court to determine the controversy between said state and Massachusetts at Williamsburg. It is in No. 67, II, folio 515.

Also, on this date, the memorial of Solomon Pellon was referred to Mr. [William] Ellery and the committee on Canadian Applications, which, according to Committee Book, No. 186, was Ellery, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Hugh] Williamson, and Mr. [Richard Dobbs] Spaight, who had been appointed December 13, 1784; it was renewed March 9, 1785.

Also, was read, the petition of Colonel Edward Antill, dated January 20, for depreciated pay loss. It was referred to Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Pierse] Long. See post , March 9. Antill's petition is in the Papers of the Continental Congress , No. 42, I, folio 75.

0032 20

The Committee [Mr. John Beatty, Mr. David Howell and Mr. Samuel Holten] to whom was referred a letter from the Governor of Maryland dated Annapolis, December 14 th . 1784, recommending M r . John White of Connecticut to be appointed Commissioner for settling accounts for the state of Maryland in the room of M r Nourse, lately deceased, beg leave to submit the following report:

Your Committee find that the Commissioner to be appointed under the resolutions of February 20 th . 1782 were to “be nominated by the “Superintendant of the Finances of the United States, and approved of “by the legislature, or the executive of the particular state for which “he shall have been nominated, and upon the death removal refusal “or inability to act of such Commissioner, another person to supply his “place shall be nominated by the Superintendant of the Finances and “approved of by the executive, or the delegates attending in Congress “of the state for which he shall be nominated as the Legislature shall “direct.”

Your Committee also find that the Superintendant of Finance in a letter dated Philadelphia, Sept. 30 th . 1784, informed Congress that he had ceased to act in his official capacity—Whereupon your Committee beg leave to recommend that it be:

Resolved , That until the Board of Treasury be ready to proceed to business, the Commissioners to be appointed under the resolutions of February 20 th . 1782 be appointed by Congress with the concurrence of the delegates, representing the particular state in Congress, for which such Commissioner shall be nominated. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress , No. 19, VI, folio 547. The indorsement states that it was read this day and negatived January 28.

The Committee consisting of M r . [Hugh] Williamson, M r . [Joseph] Gardner [and Mr. Zephaniah Platt] to whom was referred a letter to the 0033 21 President of Congress from the Supreme Executive of the State of Pennsylvania enclosing an act of the General Assembly dated 1 st . of December, 1784, and a subsequent resolution of the General Assembly dated 16 th . of December, beg leave to submit the following resolve,

That it is highly necessary that two or more commissioners be employed in some of the larger states for the sake of liquidating and settling the accounts of individuals against the U. S. in order that the amount of the national debt may be ascertained, and the most speedy and effectual methods may be adopted for doing equal justice to individuals who have trusted their property in the hands of the nation.

That till the Board of Treasury are ready to discharge the duties of their office it will be necessary for Congress to chuse Commissioners who when approved of by the supreme executives of the state or other proper persons shall proceed on business where they are wanted for settling accounts in the several states.

That the Commissioners thus chosen be instructed to settle the accounts of individuals according to the several acts of Congress on that subject and the regulations that have been made by the Superintendant of Finance.

That the Commissioners in each state be instructed to correspond with the Board of Treasury, with other Commissioners of Accounts and with each other in order to prevent confusion or frauds on the part of the claimants. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, II, folio 67. According to the indorsement it was read this day.

THURSDAY, JANUARY 27, 1785.

Congress assembled. Present as yesterday.

The ordinance for ascertaining the powers and duties of the Secretary at War, was taken up and being read a third time, was passed as follows:

An Ordinance for ascertaining the powers and duties of the Secretary at War.

Be it ordained by the United States in Congress Assembled, that the powers and duty of the Secretary at War shall be as follows, to wit: To examine into the present state of the war department, the returns 0034 22 and present state of the troops, ordnance, arms, ammunition, cloathing and supplies of the Troops of these states, and report the same to Congress: To keep exact and regular returns of all the forces of these states, and of all the military stores, equipments and supplies in the Magazines of the United States, or in other places for their use; and to receive into his care, from the officers in whose possession they may be, all such as are not in actual service; to form estimates of all such stores, equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, and to report the same to the Commissioners of the treasury of the United States, that measures may be taken in due time, for procuring the same; to prepare estimates for paying and recruiting the troops of these United States; to carry into effect all ordinances and resolves of Congress for raising and equipping troops for the service of the United States, and for inspecting the said troops; and to direct the arrangement, destination and operation of such troops as are or may be in service, subject to the Orders of Congress or of the Committee of the States in the recess of Congress; to make out, seal and countersign the commissions of all such military officers as shall be employed in the service of the United States; to take order for the transportation, safe keeping and distributing the necessary supplies for such troops and garrisons as may be kept up by the United States. He shall appoint and remove at pleasure all persons employed under him, and shall be responsible for their conduct in office; all which appointments shall be immediately certified to Congress, and such certificate, or the substance thereof, registered in a book to be kept for that purpose in the office of the Secretary of Congress. He shall keep a public and convenient Office in the place where Congress shall reside. He shall, at least once a year, visit all the magazines and deposits of public stores, and report the state of them with proper arrangements to Congress; and shall twice a year, or oftner if thereto required, settle the accounts of his department. That as well the Secretary at war, as his assistants or clerks, before they shall enter on the duties of their Office, shall respectively take and subscribe an Oath or affirmation of fidelity to the United States, and for the faithful execution of the trust reposed in them; and which oaths or affirmations shall be administered by the Secretary of Congress, and a certificate thereof filed in his Office. The Oath of fidelity shall be in the words following: “I A. B. appointed to the office of do acknowledge that I do owe faith and true allegiance to 0035 23 the United States of America, and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States in their freedom, sovereignty and independence, against all opposition whatsoever.” And the Oath of Office shall be in the words following: “I, A. B. appointed to the office of do swear (or affirm) that I will faithfully, truly, and impartially execute the office of to which I am so appointed, according to the best of my skill and judgment; and that I will not disclose or reveal any thing, that shall come to my knowledge in the execution of the said office, or from the confidence I may thereby acquire, which, in my own judgment, or by the injunction of my superiors, ought to be kept secret.” That the form of the oath of fidelity heretofore prescribed by Congress, and all former resolutions of Congress, relative to the department of war, be, and they are hereby repealed. Done by the United States in Congress assembled, &c.

On motion, Resolved , That whenever a question shall be depending between a larger and a smaller sum, a longer or a shorter time, the question shall first be put upon the largest sum and the longest time. 1

1 This motion, in the handwriting of Pierse Long, with the caption: “Rule established on the 27 th of Jany 1785” is in the Papers of the Continental Congress , No. 188. It bears the following memorandum, on its verso, in the handwriting of Charles Thomson: “The injunction of secresy removed from so much of the joint letter of 11 Novr. from Messr. Adams, Franklin, and Jefferson as relates to the negotiation of par tr . bona fide debts so that the delegates may send extracts to the legislatures of their respective States. Jany. 27, 1785.”

On motion of Mr. [David] Howell, seconded by Mr. [Hugh] Williamson,

Resolved , That Mr. Joseph Carleton, be continued with his present appointment, Secretary in the War Office, till Congress shall have elected a Secretary at War, who shall be ready to take charge of that Office. 2

2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, IV, folio 481. It is indorsed by Thomson as motion of “McHenry Mr Howell.”

That the President issue a warrant on the Treasury in favour of M r . Jos. Carleton, Secretary in the War Office for the sum of one hundred 0036 24 eighty dollars to defray the expence of removing the books and papers of said office to this City for which sum he is to be accountable. 1

1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress , No. 36, II, folios 497 and 513. The second paragraph is indorsed “passed.”

On this day, as the indorsement states, was read a petition of John Fitch praying for appointment as district surveyor in one of the new western states. The indorsement states it was reported on by the committee of the week to be referred to the register of the first new state. It is in No. 42, III, folio 119.

FRIDAY, JANUARY 28, 1785.

Congress assembled. Present as yesterday.

On the report of a committee, consisting of Mr. [Samuel] Holten, Mr. [James] M'Henry and Mr. [John] Beatty, to whom was referred a memorial of Giles Wolcott, with sundry papers relative to the settlement of his accounts as deputy quarter master in the Northern department,

Resolved , That the said memorial, and the accounts accompanying the same, be referred to the treasury Office to report. 2

2 The report, in the writing of Samuel Holten, is in the Papers of the Continental Congress , No. 19, VI, folio 591. A copy is in No. 41, X, folio 663. Wolcott's memorial is in No. 41, X, folio 609.

On this day the Committee of the Week reported on the petitions of Michael Byrne and John Fitch as well as the memorial of Giles Wolcott. See post , February 1.

On this day, according to Committee Book No. 190, the petition of Capt. Bartholomew Von Heer, for depreciated pay and an advance to enable him to return to his own country, was referred to Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Pierse] Long, who reported February 14. The petition is in No. 42, VIII, folio 55.

Also, Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy were appointed to consider William Denning's letter of January 24 and the report (January 26) of the committee on the letter of December 20 from the Supreme Executive Council of Pennsylvania. They reported February 11. Denning's letter is in the Papers of the Continental Congress , No. 78, VIII, folio 93.

MONDAY, JANUARY 31, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina and South Carolina; 0037 25 and from the state of Maryland, Mr. [James] M'Henry, and from Georgia, Mr. [William] Houstoun.

On motion of Mr. R. R. Livingston, seconded by Mr. [Charles] Pinckney,

Resolved , That Monday next be assigned for the election of a minister plenipotentiary be appointed to represent the United States of America, at the court of Great Britain; and that the Secretary for foreign Affairs report instructions for such Minister. 1

1 This motion, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, II, folio 495. The words crossed out are in the original motion and were not entered in the Journal.

On motion of Mr. [Charles] Pinckney, seconded by Mr. [James] Monroe,

Resolved , That Monday next be assigned for the election of a Minister plenipotentiary, to represent these States at the court of London. 2

2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress . No. 36, II, folio 499. These two resolutions were also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III.

On this day, according to Committee Book No. 190, John Rutledge was nominated as Minister to the Court of Great Britain, by Mr. [Charles] Pinckney, and John Adams by Mr. [David] Howell. See post , February 24. Also James Madison was nominated as Minister to the Court of Madrid by Mr. [Richard Dobbs] Spaight and R. R. Livingston by Mr. Pinckney; his name was withdrawn February 2; also Thomas Johnson was nominated by Mr. [John Francis] Mercer and Thomas Jefferson by Mr. [Elbridge] Gerry.

On this day also a motion by Mr. Charles Pinckney that the Commissioners of the Board of Treasury “ give Bond and Security ” was referred to Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Zephaniah] Platt, Mr. [Pierse] Long and Mr. [James] McHenry, who reported January 31 and the report was adopted verbatim February 3.

January 31: The following committees were appointed:

Committee of the Week, Mr. [Pierse] Long, Mr. [Joseph] Gardner and Mr. [Samuel] Holten.

Mr. [Abiell] Foster, Mr. [James] McHenry and Mr. [Joseph] Gardner, on the petition of Benjamin Bankson (which is in the Papers of the Continental Congress , No. 42, I, folio 338), for compensation for extra services. It was read this day. The committee reported February 3.

Mr. [David] Howell, Mr. [James] Monroe, Mr. [Charles] Pinckney, Mr. [Robert R.] Livingston and Mr. Gardner on revising the “Institution of the Secretary of Congress.” They reported February 25.

Mr. [Hugh] Williamson, Mr. [Lambert] Cadwallader and Mr. [Samuel] Holten, on letters from John Jay January 29 and 31 on salary of Under Secretary in Office for Foreign Affairs and books for said office. This committee discharged February 1 and business referred to Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight. The letters are in the Papers of the Continental Congress , No. 80, I, folios 5–9.

Committee Book No. 190 .

The Committee consisting of M r . [Samuel] Hardy, M r [Samuel Holten, M r . [William Samuel] Johnson, M r . [Hugh] Williamson and 0038 26 M r . [Jacob] Read, to whom was referred a letter from the Comptroller of the treasury with its enclosures stating that a number of the Certificates issued by John Pierce Commissioner for liquidating the Claims of the Army, had been counterfeited: beg leave to submit the following report. That the honor as well as the interest of the federal government requires that the most efficacious measures should be taken to discover the persons who have been guilty of the said forgery, to the end that an Act which the laws of all well regulated governments have marked as an offence may in future be prevented, its injurious effects both to the United States and its Citizens as far as possible restrained, and the Mischievous and wicked Authors of it brought to punishment.—Whereupon resolved, that, the Comptroller be required to trace the said certificates as far back as possible through their several possessors on their progress to the Treasury.

Resolved that the following proclamation be issued offering a reward to any person who will discover the person or persons concerned in the said forgery, or his or their accomplices, and enjoining all officers civil and military to be aiding and assisting in making such discovery (the proclamation)

And the more effectually to guard the United States from farther injury in the present or any future instance of forgery that may be attempted. Resolved , that the Commissioners of the Treasury cause to be sent on as early as possible to the Executives of the different States an Account of all Certificates on liquidated debts, stating the number,—date—by whom issued—in whose favour—and for what sum. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 26, folio 495. According to the indorsement it was read this day and passed February 2, except the last clause which was recommitted. For text of the proclamation see that date.

TUESDAY, FEBRUARY 1, 1785.

Congress assembled. Present as yesterday.

On the report of a Grand Committee, consisting of Mr. [Jacob] Read, Mr. [Abiel] Foster, Mr. [George] Partridge, Mr. [David] Howell, Mr. [Joseph Platt] Cook, Mr. [Zephaniah] Platt, Mr. [Lambert] Cadwallader, Mr. [John] Henry, Mr. [James] McHenry, Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [William] Houstoun, to whom was referred a letter of 30 Sept r . from the late Superintendant of finance, enclosing the terms of a loan of two Millions of Gilders, negotiated in the United Netherlands, by the hon ble . John Adams, and an obligation for the same, entered into the 9th of March, 1784, by him, on behalf of the United States of America,

Resolved , That three fair copies of the obligation be made out, and that a ratification be endorsed on each of them, duly attested; and that the Secretary for the department for foreign affairs, transmit the same, by several Conveyances, to the Minister of the United States, to their High Mightinesses the States general of the United Netherlands.

Resolved , That the ratification be in the following terms, viz.

Be it remembered, that the within Contract or engagement, entered into by the hon ble . John Adams, esquire, Minister plenipotentiary of the United States of America, to their High Mightinesses the Lords the States general of the United Netherlands, in behalf of the said States, with Messrs. Wilhelm, and Jan Willink, Nicholas and Jacob Van Staphorst and de la Lande and Fynje, and their successors or assignees, for a loan of two Million of Gilders, dated at the Hague, March the ninth, 1784, hath been read in Congress, approved and ratified, and declared obligatory on the United States of America. Done in the City Hall, in the city of New York, by the United States in Congress assembled, this first day of February, in the year of our Lord one thousand seven hundred 0040 28 and eighty five and in the ninth year of our Sovereignty and Independence. 1

1 This report was also entered in the manuscript Secret Journal, Foreign Affairs No. 5. The report, in the writing of Jacob Read, is in No. 29, folio 337.

A motion being made by Mr. [Charles] Pinckney, seconded by Mr. [David] Howell, “that the salary of the Secretary at War be dollars per annum,” and the blank being filled with the words, “twenty five hundred,” so that it read, “that the salary of the Secretary at War be twenty five hundred dollars per Annum.”

On the question to agree to this, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Gerry, ay Holten, ay ay Partridge, ay King, ay Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no no Johnson, no, New York, Mr. R. R. Livingston, ay Platt, ay ay W. Livingston, ay New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay ay Henry, ay Maryland, Mr. McHenry, ay * Virginia, Mr. Monroe, ay ay Lee, ay North Carolina, Mr. Williamson, ay ay Sitgreaves, ay South Carolina, Mr. Read, ay ay Pinckney, ay Georgia, Mr. Houstoun ay *

So the question was lost.

[Motion of M r . James Monroe, Referred to Mr Robert R. Livingston, M r . John Beatty, M r . James Monroe, M r . William Samuel Johnson, M r . Elbridge Gerry, M r . John Henry, Mr Rufus King.]

Whereas by the Acts of several of the States, ceding vacant territory to the U. S. there is a comfortable prospect that by a proper disposition 0041 29 of of making it it may be made a valuable fund for the discharge of the public debt, and whereas security to the persons and property of the settlers will contribute much to the facility and expedition of the sales, therefore

Resolved , That 1500 men be rais'd for said purpose to serve for the term of three years unless sooner discharg'd and quota'd on the States in the following proportions, viz.:

N. Hampshire.

Massachusetts.

R. Island.

Connecticut.

N. York.

Jersey.

Pensyl a .

Delaware.

Maryland.

Virginia.

N o . Carolina.

S o . Carolina.

Georgia. 1

1 This motion, in the writing of James Monroe, is in the Papers of the Continental Congress , No. 36, II, folio 501. The indorsement and Committee Book No. 190 state that it was offered this day and referred as above. See post , February 21.

[Motion of Mr. Jacob Read, on the reading M r . Jay's letters of 31 Jan y . and 1 st . Feb y ., 1785. Referred to M r . James Monroe, M r . Zephaniah Platt, M r . Jacob Read, M r . Samuel Hardy and M r . Richard Dobbs Spaight.]

That the letters and papers from the Secretary of the Department of foreign Affairs be referred to the said Secretary in order to be translated.

That it is the sense of Congress that all papers written in any foreign language which may in future be Communicated to Congress from the Secretary of foreign affairs be accompanied by a fair translation into English.

That the Secretary of foreign Affairs be and he is hereby authorized to appoint an Interpreter to his Office who shall be entitled to receive a salary of Hundred Dollars per Annum for his services and previous to his entering on his duty, the Interpreter shall take the 0042 30 usual Oath of fidelity and Secrecy a Copy of which shall be filed in the Office of the Secretary of the United States in Congress assembled. 1

1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 36, II, folio 519. The indorsement states that it was referred on this day. Committee Book No. 190 gives the committee as Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight. A report was made February 2.

The Committee of the Week Mr. Pierse Long, Mr. Joseph Gardner and Mr. Samuel Holten beg leave to report, that they have attentively perused the Petition of Michael Byrne relative to his new invented Instrument for solving problems and fixing Latitudes; but until the said Mr. Byrne give some proof of the utility of such Instrument and that the invention merits the notice of Congress, they recommend that his application lay on the Table.

Your Committee further report that the Testimonials produced by Mr. John Fitch as to his capacity in the business of surveying appear very sufficient, and that his application and Credentials be referred to the Register or Surveyor General of the first new State to be laid out.

Your Committee further report that the memorial of Giles Woolcott do lay on the Table until a Secretary at War be appointed. 2

2 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress , No. 32, folio 579. The indorsement states that it was reported January 28 and read February 1. See post , February 3.

[Motion of M r . Robert R. Livingston for securing Western Territory:]

Resolved , That a Committee be appointed to consider of the best means to obtain possession of the Western and Northern Territory of these States and of the posts that it may be necessary to establish therein. 3

3 This motion, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, IV, folio 101. According to the indorsement it was referred on this day to Mr. R[obert] R. Livingston, Mr. [John] Beatty, Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. [Elbridge] Gerry, Mr. [John] Henry and Mr. [Rufus] King. See post , February 21. To this committee was referred also, according to Committee Book No. 190, the letter from Major William North, dated December 13, 1784.

According to Committee Book 186, the Committee of January 24, on the petition of Timothy Bradley, for additional pay for his services in 1777–8, brought in a report this day, which was read. It is in No. 19, I, folio 411, and was passed verbatim June 7.

Also, the committee of January 15 brought in a report this day, on the letter of Marbois respecting the removal of the portraits of the King and Queen of France, which was read. It is in No. 25, II, folio 411, and was adopted verbatim on February 11.

0043 31

The Committee to whom was referred a letter dated Philadelphia 4th December, 1784, and signed Jno. Hopkins, late Deputy Corer of Prisoners, praying an allowance of sundry charges objected to by the Comptroller in the settlement of his accounts—beg leave to submit the following report.

That your Committee on perusal of the letter and its several inclosures to them referred; first that on the 21st. day of November, 1779, Maj r . Hopkins received a Deputation from Jno. Beatty Esqr. then Acting as Com y . Gen l . of Prisoners, as a Deputy Com r . for the Department Eastward of the Connecticut River: that among sundry instructions given him at the same time on the nature and duties of his office, they find the following. “You are to employ only as many persons in the Department as are absolutely necessary and render them sufficient, tho' not extravagant wages, they are each of them to receive one ration per day, and you are to be accountable for their good conduct ”. That under this instruction he employed one person as a Clerk in his office, and another as Master or Captain of a Prison Ship: that he continued to execute the office of Dep y . Com y . of Prisoners untill the 24 th day of July, 1782, when it was resolved by Congress “That all resolutions and appointments respecting the Department of the Commissary General of Prisoners be and hereby are repealed”: That Genl. Lincoln then Secretary at War, by virtue of powers vested in him by the Acts of Congress of the date last mentioned; did appoint and Commissionate Maj r . Hopkins, as Intendant of Prisoners for the States of New Hampshire and Massachusetts Bay, with a power to take to his assistance such persons as were necessary to the collecting and safe keeping of the Prisoners; that in this case also he continued in his employ, a Clerk and a Master of the Prison Ship: That from the remote and scattered situation of the Prisoners under his care, and the duties of the department frequently requiring his being absent from his office, your committee consider, that aids of this kind became absolutely necessary and beg leave to recommend that it be

Resolved , That the Comptroller in settling the Accts. of Maj r . Hopkins, be directed to pass to his credit, all such necessary sums of money, as may appear to have been disbursed by him in the hire of a Clerk and Master of the Prison Ship, while acting as Dep y . Com y . and Intendant of Prisoners.

Your Committee report further—that in Maj r . Hopkins acc t . of Disbursements they find the sums of £57 9 7 new Emission and £30 2 11 specie charged by him as necessarily expended in the 0044 32 execution of his office and as coming within the Resolution of Congress of the 21 st May, 1778, which recites, “That the necessary contingent charges of executing the office of Com y . General of Prisoners be allowed over and above the present pay”. That these sums being for travelling expenses, the Comptroller does not think himself authorized to pass them under the head of contingencies: That your Committee from investigating the origin and causes which gave rise to this resolution, cannot but consider it as providing for the expenses of such extra travelling, as the duties of that office would unavoidably occasion:

Whereupon your Committee submit the following resolution.

Resolved , That the Comptroller be directed in settling the Acc ts . of Maj r . Hopkins, to allow such travelling charges, as were necessarily incurred in the execution of his Office. 1

1 This report, in the writing of John Beatty, is in the Papers of the Continental Congress , No. 19, III, folio 171. The indorsement states that it was read this day. See post , February 11.

WEDNESDAY, FEBRUARY 2, 1785.

Congress assembled. Present, as yesterday.

On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [Samuel] Holten, Mr. [William Samuel] Johnson, Mr. [Hugh] Williamson and Mr. [Jacob] Read, to whom was referred a letter of 14th Jan y ., from the Comptroller of the treasury, with sundry papers enclosed, stating, that a number of the Certificates issued by John Pierce, commissioner for adjusting the claims of the Army, have been counterfeited,

Resolved , That the Comptroller be required to trace the said Certificates as far back as possible, through their several possessors, on their progress to the treasury.

Resolved , That the following proclamation be issued, offering a reward to any person who will discover the person or persons concerned in the said forgery, or his or their accomplices; and enjoining all officers, civil and military, to be aiding and assisting in making such discovery.

0045 33

THURSDAY, FEBRUARY 3, 1785.

Congress assembled. Present, as yesterday.

On the report of a committee, consisting of [Mr. David] Howell, Mr. [Hugh] Williamson, Mr. [Zephaniah] Platt, Mr. [Pierse] Long, Mr. [James] McHenry, to whom was referred a motion of Mr. [Charles] Pinckney:

0050 38

Resolved , That each of the commissioners appointed in pursuance of the ordinance passed on the 28th day of May, 1784, to constitute a board of treasury previous to their entering on the business of their appointment, shall give bonds to the United States of America, in trust for the use the U. States with two or more sureties for the faithful execution of the trust reposed in them, the principals each in the sum of two one hundred thousand dollars, and each of the sureties in the sum of and two or more the sureties in one or more bonds to the like amount, which bonds shall be registered and lodged in the Office of the Secretary of Congress. 1

1 The words crossed out are so in the report, which is in the writing of David Howell and is in the Papers of the Continental Congress , No. 26, folio 507, but do not so appear in the Journal. See ante , January 31.

[Motion by Mr. Rufus King:]

Resolved , That the resolution of Congress of the 3d day of Feby. 1785 relative to the bonds required of the Commissioners of the Treasury previous to their entering on the business of their appointment be and hereby is repealed and made void [so far as the Commissioners are thereby severally bound for the trust reposed in the Board]. 2

2 This motion, in the writing of Mr. Rufus King, except the part in brackets, which is in that of Mr. David Howell, was referred, according to its indorsement, to Mr. King, Mr. [Charles] Pinckney and Mr. [Samuel] Hardy. It is in the Papers of the Continental Congress , No. 36, III, folio 97.

On this day, according to Committee Book No. 190, the petition of Lieut. Col. Jacob Gerhard Dericks, for payment of the certificates issued to him for services, and a letter of recommendation to their High Mightinesses, the States General, was referred to Mr. [John] Beatty, Mr. [Hugh] Williamson and Mr. [David] Howell, who reported March 14.

A motion being made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read, in the words following:

“Whereas, the place in which a fœderal court shall be holden, which is to hear and determine a controversy subsisting between the States of Massachusetts and New York, 0051 39 was fixed and determined on the 21 of January by five states only; and whereas such a mode of determining questions is extremely dangerous in precedent, being expressly Yeas and nays withdrawn, with the unanimous consent of the House, Monday, Feby. 7. contrary to a clause in the ninth of the Articles of the Confederation, by which it is provided that no question on any point except for adjourning from day to day shall be determined unless by the votes of a majority of the United States in Congress assembled,

Resolved , That the act of the 21st of January last for fixing the place for holding a fœderal court be and it is hereby declared to be void.”

On this motion, a question of order being moved by Mr. [David] Howell in the words following:

Is a motion in order made by a member to reconsider, repeal or nullify a former resolution, unless made and seconded by members who did not vote against such former resolution?

To the question of Order the President answers: That he knows no written rule that applies to this question, but as he sees no objection in reason that forbids either party consenting to or differing from the original motion to propose a reconsideration, so the President conceives the present motion for reconsidering is in order.

An Appeal from the judgment of the President being made to the House by Mr. [William] Ellery, and on the question, Shall the judgment of the President be reversed the yeas and nays being required by Mr. W[alter] Livingston,

0052 40 New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, ay Holten, ay ay King, ay Rhode Island, ay Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook ay ay Johnson, ay New York, Mr. R. R. Livingston, no W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no Pennsylvania, Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, no * Virginia, Mr. Hardy, no Monroe, excused, having just come in. Lee, excused. North Carolina, Mr. Williamson, no no Sitgreaves, no South Carolina, Mr. Read, no Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So the question was lost. 1

1 The proceedings on the Williamson motion and the vote thereon have been crossed out in the Journal.

The Committee of the Week [Mr. Pierse Long, Mr. Joseph Gardner and Mr. Samuel Holten] to whom was referred the Petition of Frederick Weissenfels, heretofore a lieutenant Colonel in the army of the United States, accompanied with a very honorable testimony from the late Commander in chief, Report,

That in their opinion lieutenant Colonel Weissenfels is highly deserving of the public notice, and recommend that Congress confer on him the first vacant office in their gift, which they may think him capable of filling. With respect to his being put on a footing with foreign officers, who were in the Service of the United States, the Committee are of opinion it cannot be done consistently with the principles of general justice.

On the petition of John Logan, setting forth that he contracted for supplying the Troops with provisions in 1782, that he is a considerable 0053 41 loser by a performance of the said contract, as the amount of his purchases far exceeded that of the rate mentioned in the agreement, and praying Congress will grant him relief, the Committee report that they find the Petitioner was employed by one of the Contractors, who received full payment, agreeably to the tenor of his agreement with the late Financier they are therefore of opinion the Petitioner has no equitable claim on Congress in this instance. 1

1 This report, in the writing of Pierse Long, is in Papers of the Continental Congress, No. 32, folio 601. It is undated but belongs to this period. The indorsement states that it was postponed March 20, 1785.

The Committee consisting of Mr. [Abiel] Foster, Mr. [James] McHenry and Mr. [Joseph] Gardner, to whom was referred the Petition of Benjamin Bankson one of the Clerks in the Secretary's Office, report as their Opinion, that in consideration of the additional expenses which the said Bankson has been subjected to in additional expenses which the said Bankson has been subjected to in consequence of the late removals of Congress, he be allowed the sum of 400 dollars for extra services. 2

2 This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, I, folio 203. According to the indorsement it was delivered this day and read. Bankson's petition is in No. 42, I, folio 338. See ante, January 31, and post, February 9.

The report of the Comee. on the Meml. of Mr. B. Bankson being amended to read That in consideration of the additional expence to which Mr. Bankson has been exposed by the late removals of Congress and of the constant and hard duty which he has discharged being for a considerable time the sole Clerk in the Secretary's office he be allowed the sum of four hundred dollars.

Postponed till to Morrow— 3

3 This memorandum, in the writing of Charles Thomson, dated February 9, 1785, is in the Papers of the Continental Congress, No. 19, I, folio 203. It is indorsed as having been read this day and passed February 11.

On this day, according to Committee Book 191, the memorial of Giles Wolcott was ordered “to lie till Secy. at War is elected.” See ante, February 1, and post, February 14.

Also the petition of Michael Byrne was ordered “To lie on the table” and John Fitch's petition was ordered “referred to the Register of the New State when formed,” See ante, February 1.

FRIDAY, FEBRUARY 4, 1785.

Congress assembled. Present as yesterday. 1

1 On this day, according to the indorsement, a report was delivered in by the Committee appointed January 21 on the letters of Edward Fox and John Brown Cutting. It was adopted verbatim on February 7.

The Committee consisting of [Mr. Zephaniah Platt, Mr. James McHenry and Mr. Samuel Hardy] to whom was referred the “address of the Corporation of the Chamber of commerce of the State of New York,” beg leave to report the following answers.

That the Secretary of Congress inform the Corporation of the Chamber of Commerce of the State of New York, That the United States in Congress Assembled have received with pleasure peculiar satisfaction the address of so respectable a body of citizens, that they are duly impressed with a sense of their dispositions to render the sessions of Congress convenient and agreeable and to assure them that the extension and prosperity of trade shall not cease to be considered as intimately connected with the happiness and prosperity of the United States of America,

That the Secretary of Congress, inform “the artificers, tradesmen, and mechanics of the City of New York” that their cordial welcome and expressions of confidence could not fail to be agreeably received by the United States in Congress assembled, and that while Congress acknowledge the goodness of divine Providence in concluding the American Revolution, they experience additional gratitude in contemplating the happiness of those persons who have suffered so severely by the calamities of war. 2

2 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 20, I, folio 411. The address, dated January 11, is in No. 43, folio 343, See post, February 18.

MONDAY, FEBRUARY 7, 1785.

Congress assembled. Present as before.

The committee, consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery and Mr. [Rufus] King, to whom was recommitted a letter of Edward Fox, Commissioner of Accounts, of December 9, with a letter from J. B. Cutting, of the 30 October, and a Memorial from Mr. Cutting, of 20 January, 1785, report,

0055 43

That it appears from affidavits and certificates in the hands of the committee, that on or before the 30 of November, 1780, Mr. Cutting, who had been Apothecary General in the Middle District, had settled his accounts with certain officers who had been appointed to that duty, and that a balance remained due to him. That on the last year being called on by Mr. Fox, the Commissioner of Hospital Accounts, to review his accounts and make a final settlement, he rendered his cash account, and a balance was found due to him of 2,473 48/90 dollars, but his expenditure of medicines, instruments and shop furniture, was also to be reviewed. On this head the committee observe, that it must in any case be very difficult to determine, whether the amount of medicines delivered exactly agreed with the drugs and medicines received, especially when the enquiry respects a period in which the hospital system was extremely imperfect. It appears however, that Mr. Cutting did not shun the enquiry: but readily delivered to Mr. Fox, a box containing a number of books and papers containing receipts and entries. These were produced as full vouchers, but Mr. Fox returned the books to Mr. Cutting, that he might arrange the papers in proper order. For this purpose he retired to Easton, where he cut the vouchers out of the books, and laying them in order, he placed them loose in a box to be returned for examination On his way to Philadelphia, the box fell into the Delaware, by which all the vouchers were damaged, and some of them being on bad spungy paper, were rendered absolutely illegible. On the whole, as Mr. Cutting has not declined once and again to render an account, as he had readily delivered the whole of his vouchers to the proper officer for examination, and was re-possessed of them merely to alter their arrangement; the committee are bound to suppose that the injury which befel the papers was purely accidental, especially when they add that Mr. Cutting's general character is not only unimpeached, but 0056 44 that he does not appear to have improved his estate, while he was charged with public property; Whereupon,

Resolved, That Mr. J. B. Cutting, be allowed to verify on Oath, his abstract of issues or expenditures in the hospital department, and that his cash account be finally settled. 1

1 The report, in the writing Hugh Williamson, is in the Papers of the Continental Congress, No. 19, I, folio 625. See ante, February 4.

On the report of a committee, consisting of Mr. [David] Howell, Mr. [James] McHenry and Mr. [John] Henry, to whom was referred a petition signed Benjamin Rush, in behalf of a committee of the trustees of Dickinson college, in the state of Pennsylvania, 2

2 The petition is in the Papers of the Continental Congress, No. 42, II, folio 307.

The Committee to whom was referred a petition signed Benjamin Rush, in behalf of a Committee of the trustees of Dickinson College, in the State of Pennsylvania and dated Philadelphia January 16, 1785, being of opinion that the undertaking of said trustees is laudable and merits the public patronage attention ... and that securities for liquidated debts due from the U. States be made receivables in payment of such rents 3

3 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 20, II, folio 179. It was submitted to Congress this day and adopted verbatim as above.

Resolved, That the Commissioners of the treasury be, and they are hereby authorized and directed to let by lease, in the name and on behalf of the United States of America, to the trustees of Dickinson College, on reasonable rents, for a term not exceeding ten years, the public buildings erected at the expense of the United States at Carlisle, in the state of Pennsylvania, during the late war, or such parts thereof as are not wanted for the public stores at that place, and are most remote from the Magazine.

[Motion of Mr. Jacob Reed:]

That the Injunction of secrecy on the joint Letter from the Minister plenipo: of the United States at Paris of the separate Letter from the 0057 45 Honble. John Adams of so far as they relate to the subject of payment of the Interest due by the United States to Holland &c. be taken of, and that Grand Committee be at liberty to communicate to R[obert] Morris Esqe. late Supert. of Finance on the subject of his payments and arrangements in those matters.

Ordered, That the above motion be referred to the Grand Committee to take Order. 1

1 This motion and order is entered in the Resolve Book, No. 123. The original motion, in No. 31, folio 257, has the following on the verso: “That Ministers and Secretaries from the U: S: to foreign courts be appointed for the term of three years unless the U: S: in Congress should deem it necessary to recall them or either of them within that period or to extend their appointment to a more distant period.” See post, February 17.

On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [William] Ellery and Mr. [Hugh] Williamson, to whom were referred a motion of Mr. Gerry, and a letter of 10 January from J. Carleton, Secretary in the War Office,

Resolved, That Joseph Carleton, Secretary in the War Office, be, and he is hereby directed to remove the books and papers belonging to that Office, to this city, as soon as the measure can be effected.

That the Post master general be directed to remove on or before the 21 of March next; and that the Officers of the several departments of the treasury now at Philadelphia, be directed to remove on or before the first of May next, the books and papers of their respective Offices to this city. 2

2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, I, folio 525. Carleton's letter is in No. 60, folio 111. See ante, January 13 and February 2.

On this day, as the indorsement states, was read a memorial of Richard Morris for reimbursement for destruction of his house and ordered to lie on the table. It is in No. 41, VI, folio 377.

Also, a letter of Robert Aitken offering his services as printer and bookbinder. It is in No. 78, I, folio 447.

Report of Instructions for the Ministers of to be sent by the United States at to the Court of London.

You will in a respectful but firm manner insist that the United States be put without further Delay into Possession of all the Posts 0058 46 and Territories within their Limits, which are now held against them by british Garrisons. And you will take the earliest opportunity of transmitting the answer you may receive to this Requisition.

You will endeavour to make yourself acquainted with the Disposition of the british Cabinet to join with the United States in proper pacific measures for inducing Spain to cease opposing the free navigation of the Missisippi; and to that end a Display of the commercial advantages which would flow to them through that Channel, would probably prove a powerful Inducement.

You will remonstrate against the Infraction of the Treaty of Peace by the Exportation of Slaves and other american Property, contrary to the Stipulations on that Subject in the article of it. Upon this Head you will be supplied with various authentic Papers and Documents, perticularly the Correspondence between General Washington and others on the one Part, and Sir Guy Carlton on the other.

You will represent to the british Ministry the strong and necessary Tendency of their Restrictions on our Trade, to incapacitate our merchants in a certain Degree, to make Remittances to theirs.

You will so manage your Conferences with the Minister on the Subject of Commerce, as to discover whether he is inclined to make a Treaty with us and on what Terms, taking care not to enter into any Engagements without the previous approbation of Congress.

You will represent in Strong Terms the Losses which many of our and also of their merchants will sustain if the former be unseasonably and immoderately pressed for the payment of Debts contracted before the war; and (if compliance should appear the probable) you will solicit the Interposition and Influence of Government to prevent it. On this Subject you will be furnished with Papers in which it is amply discussed. 1

1 This draft, in the writing of John Jay, is in the Papers of the Continental Congress, No. 25, II, folio 407. According to the indorsement it was read this day and passed March 7.

February 7: The following committees were appointed: Of the Week—Mr. [William] Houstoun, Mr. [Zephaniah] Platt and Mr. [Joseph] Gardner. Mr. [David] Howell, Mr. [John] Bull and Mr. [John] Henry, on the Memorial of John Story and letter from Nathanael Greene on depreciation and pay while settling accounts. They reported April 26. A report of the Board of Treasury on Story's memorial was rendered, February 1, 1788.

Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry, Mr. [Rufus] King, Mr. [David] Howell and Mr. [William Samuel] Johnson, on the memorial of Moses Hazen on dispute with John Pierce over settling Hazen's accounts. Mr. S[amuel] Holten was added to this committee on March 14, in place of Mr. Gerry and a report was rendered April 20.

Mr. [Samuel] Hardy, Mr. [Charles] Pinckney and Mr. [David] Howell, on the memorial of Donald Campbell, for payment of the certificate given him on settlement of his account. A report was rendered April 7. Campbell's memorial is in the Papers of the Continental Congress, No. 42, II, folio 247.

Mr. [James] McHenry, Mr. [Hugh] Williamson, Mr. [David] Howell, Mr. [Jacob] Read, and Mr. [Samuel] Holten, on the report on Invalids. On March 14 the papers in the case of W. Burrows, an Invalid, were referred to this committee and Mr. [Joseph] Gardner substituted for Mr. Read. The committee was renewed April 8. See post, February 8.

Also, on this day, the letter of Blair McClenachan, of October 13, 1784, respecting his arrest on account of a capture made by a privateer of which he was owner in 1779, and also the letter of September 30, 1784, from the Superintendent of Finance and “a state of the duties payable by American vessels in Marseilles, Bayonne, L'Orient and Dunkirk and other communications from Marqs. de la Fayette,” were referred to the Secretary for Foreign Affairs. He reported February 11. The original “State of the duties, etc.,” in French is dated June 11, 1784, and is in No. 59, IV, folio 39; a translation and printed copy is on folios 59 and 99, respectively.

Also the memorial of Capt. Ayott was referred to the committee of January 19, Mr. Partridge, Mr. [John] Bull and Mr. [Samuel] Hardy, who reported February 21.

Committee Book No. 190.

Also on this day, according to indorsement, was read a memorial of John Story, of this day, praying for depreciation of his pay. It was referred to Mr. [David] Howell, Mr. [John] Bull and Mr. [John] Henry, See post, June 7,

TUESDAY, FEBRUARY 8, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South Carolina; and from the state of Georgia, Mr. [William] Houstoun.

Mr. William Hindman, a delegate for the state of Maryland, attended, and produced credentials under the seal of the state, and dated 4 December, 1784, by which it appears, that the said state have appointed the honble Samuel Chase, James McHenry, Gustavus Scott, John Henry, William Hindman and Luther Martin, delegates to represent the said state in the United States in Congress assembled, for one year, from the date above-mentioned.

0060 48

[Read February 8, 1785.]

To the Honorable Samuel Chase, James McHenry, Gustavus Scott, John Henry, William Hindman, and Luther Martin Esquires,

The State of Maryland reposing special Trust and Confidence in your diligence, wisdom, and fidelity hath appointed you Delegates for this State in the United States in Congress assembled with full Power and Authority to you or any two or more of you to represent and act for this State in the United States in Congress assembled for one whole year from the Date hereof, and also you or either of you are fully empowered and authorised to represent and act for this State in a Committee of the States which may within the time aforesaid be appointed by the United States in Congress assembled.

Given under my Hand and the Seal of the State at WM. PACA [With the Great Seal appendant] the City of Annapolis this fourth Day of December Anno Domini One thousand seven hundred and Eighty four. 1

1 The original is in the Papers of the Continental Congress, Maryland, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.

The order of the day being called to proceed to the Election of three Commissioners, pursuant to the Ordinance of the 23 December, 1784,

A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [John] Sitgreaves, to postpone the order of the day to take up the following:

“That the commissioners who may be appointed in pursuance of the Act of 23 December, 1784, be instructed to examine such places on the River Delaware, within the limits prescribed, as may be purchased, and such as they may judge proper for the site of public buildings, to cause one or more places to be surveyed on each side of the river, and report to Congress the situation and quantity of land offered them for sale, and the terms on which the several tracts may be purchased, properly authenticated by the different proprietors.” 2

2 This motion, in the writing of Williamson, is in the Papers of the Continental Congress, No, 36, IV, folio 489.

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And on the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Hugh] Williamson,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, ay Partridge, no no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no no Johnson, no New York, Mr. R. R. Livingston, no W. Livingston no no Platt no New Jersey, Mr. Cadwallader, no no Stewart, no Pennsylvania, Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, no no Hindman, no Virginia, Mr. Hardy, ay Monroe, no no Lee, no North Carolina, Mr. Williamson, ay ay Sitgreaves, ay South Carolina, Mr. Read, ay Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So it passed in the negative.

A motion was then made by Mr. McHenry, seconded by Mr. [Abiel] Foster, that Congress do not proceed to the appointment of Commissioners to carry the Ordinance for founding the said town, into effect, till the delegates representing the several states can have time to consult, in a matter so important and momentous, the sense of their constituents.

This being objected to as out of order, and the president calling for the judgment of the house, the question to the house was stated by Mr. [Jacob] Read: Is the motion of Mr. McHenry in order?

A motion was made by Mr. [David] Howell, seconded by Mr. [Samuel] Hardy, to amend the statement of the question, by striking out “in” and in lieu thereof, inserting “out of” so that it stand “Is the motion of Mr. McHenry out of Order?”

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And on the question to agree to this amendment, the yeas and nays being required by Mr. McHenry,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Gerry, no Holten, no no Partridge, ay King, no Rhode Island, Mr. Ellery, no div. Howell ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, no Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, no div. Henry, ay Maryland, Mr. McHenry, no no Hindman, no Virginia, Mr. Hardy, ay Monroe, ay ay Lee, ay North Carolina, Mr. Williamson, ay ay Sitgreaves, ay South Carolina Mr. Read, no Bull, no no Pinckney, no Georgia, Mr. Houstoun, ay *

So the question was lost.

On the question, Is Mr. McHenry's motion in order? the yeas and nays being required by Mr. McHenry,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, no Holten, ay div. Partridge, ay King no Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston, no ay Platt, ay New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no 0063 51 Pennsylvania Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, no ay Lee, ay North Carolina, Mr. Williamson, ay ay Sitgreaves ay South Carolina, Mr. Read, no Bull, no no Pinckney, no Georgia, Mr. Houstoun, ay *

So it was resolved in the affirmative,

That the motion of Mr. McHenry is in order.

Resolved , That it be recommended to the several states, to make provision for soldiers or seamen, who have been disabled in the service of the United States, in the following manner, viz.

1. A complete list shall be made out by proper officers in each state, of all the officers, soldiers, or seamen, who have served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, by wounds or otherwise, so as to be incapable of military duty, or of obtaining a livelihood by labour, in which list shall be expressed, the age, wound, or other disability of each invalid, also the regiment, corps, or ship to which he belonged, and a copy of the same shall be transmited to the superintendant of finance, or to such other person as Congress may appoint to receive the same, within one year after each state shall pass a law for this purpose.

2. No officer, soldier, or seaman, shall be considered as an invalid, or entitled to pay, unless he can produce a certificate or document from the commanding officer or surgeon of the regiment, ship, corps, or company in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his inability, and that he was thus disabled while in the service of the United States.

3. That each state institute a mode of ascertaining, whether the person producing a document or certificate, setting forth that he is an invalid, be such in fact, and if such to what pay he is entitled, and thereupon, the persons appointed to make such enquiry, shall give a certificate to the invalid, and transmit a counterpart to the person who may be appointed by the state to receive and record the same.

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4. That any state may form such invalids under the aforesaid description, as are citizens of the same, and are capable of garrison duty, into corps, to be employed in guarding military stores or prisoners, securing the police, or otherwise, as the state may direct.

5. That when invalids shall be formed into corps, there be quarterly returns, comprehending age, wound, or other disability, regiment, ship, or corps to which he formerly belonged, made out and signed by their commanding officer, and transmited as aforesaid, that their pay may be ordered according to said return.

6. That all invalids, as well those formed into corps, as those who are not, shall annually apply themselves to a magistrate of the county in which they reside or may be stationed, and make the following oath viz: A. B. came before me, one of the justices for the county of in the state of and made oath, that he was examined by appointed by the said state (or commonwealth) for that purpose, obtained a certificate, or had his certificate examined and countersigned, setting forth that he had served in and that he now lives in the and in the county of

7. That the affidavit drawn according to the above form, and dated and attested by a magistrate, be sent by said magistrate, to the person or persons appointed by the state, to receive and record the same, and that a counterpart of said affidavit, be preserved by the invalid, to be exhibited to such persons as shall be appointed by the state to pay them.

8. That no officer who has accepted his commutation for half pay, shall be entered on the list of invalids, unless he shall first have returned his commutation.

9. That no private soldier or non-commissioned officer, shall in any case be allowed more than five dollars per month; nor shall any commissioned officer, be allowed more than half of his former whole pay, on account of the United States.

Resolved , That each state shall have credit in the payment of its annual quota to the United States, for such sum or sums as may be advanced to invalids, according to the foregoing regulations. 1

1 This report, in printed form, is on McHenry's motion of April 20, 1784. It is in the Papers of the Continental Congress , No. 22, folio 255. Another copy on folio 249 is indorsed as referred, February 8, 1785, to Mr. [James] McHenry, Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [Samuel] Holten. See post , April 27.

On this day, according to Committee Book 186, Mark Bird was nominated by Mr. [David] Gardner as Commissioner for erecting the federal buildings, and John Cox by Mr, [Jacob] Read.

WEDNESDAY, FEBRUARY 9, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina and South Carolina; and from the state of Pennsylvania, Mr. [Joseph] Gardner, and from Georgia, Mr. [William] Houstoun.

The order of the day being called to proceed to the election of three Commissioners, pursuant to the Ordinance of the 23 of December, 1784,

The same was postponed till to-morrow, by the state of Virginia.

[Motion of M r . Hugh Williamson and M r . David Howell:]

That the Minister for Foreign Affairs to whom are refer'd sundry letters and papers respecting illtreatment that citizens of the U. S. have lately suffered from the government at the Havannah, be instructed to enquire into a report circulated concerning the Commercial Agent at the Havannah, whether he has been concerned in attempts to smuggle goods in that Port and whether any part of the ill treatment since that time suffered by Citizens of the United States may be passed to the account of the conduct of commercial agent.

Ordered , That the above motion be referred to the Secretary for Foreign Affairs to take Order. 1

1 This motion, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 36, II, folio 503. It is also entered in No. 123 where the order is recorded.

In consequence of this motion the committee of December 1, 1784, Mr. [George]Partridge, Mr. [John] Beatty, Mr. W[illiam] C[hurchill] Houston, Mr. [Elbridge] Gerry, Mr. [Charles] Pinckney and Mr. [Joseph] Gardner, to whom had been referred the letter of the Governor of Havana respecting Oliver Pollock, was discharged and the papers referred to the Secretary for Foreign Affairs to report, as was also a letter from Jay, dated February 8, and a letter and memorial from D. Beveridge respecting ill-treatment received at Havana. Jay reported on Pollock July 11 and on both September 16, 1785. The letter from the Governor is in No. 50, folio 493; that of Beveridge in No. 80, I, folio 25.

On this day, as the indorsement states, was read a memorial and petition of John Lamb offering his services to conduct negotiations with the Barbary States. It is in No. 42, IV, folio 368. It was referred, February 9, to the Secretary for Foreign Affairs.

On this day, according to Committee Book No. 186, Henry Knox was nominated by Mr. [Elbridge] Gerry as Commissioner for erecting the federal buildings and John Stevens by Mr. [John] Beatty.

On this day, according to Committee Book No. 190, the letter of January 26 from D. Pentecoast with a petition and “sundry papers relative to Inhabitants on the Illinois” was referred to Mr. [Samuel] Hardy, Mr. [Charles] Pinckney, Mr. [Egbert] Benson, Mr. [Hugh] Williamson and Mr. [David] Howell, who reported February 15. The petition is there noted as from Francois Carbonneaux. It is in the Papers of the Continental Congress , No. 30, folio 453, and the sundry papers are on folios 435, 463 and 467. See ante , December 4, 1784.

THURSDAY, FEBRUARY 10, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South 0066 54 Carolina; and from the state of Georgia, Mr. [William] Houstoun.

The order of the day to proceed to the Election of three Commissioners, pursuant to the ordinance of the 23 December, 1784, which was yesterday postponed by the State of Virginia, being taken up

A motion was made by Mr. [Abiel] Foster, seconded by Mr. [Pierse] Long, that it be further postponed, and the yeas and nays being required thereon,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, no Holten, ay no Partridge, no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, ay div. Johnson, no New York, Mr. R. R. Livingston, no W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no Pennsylvania, Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, ay ay Hindman, ay 0067 55 Virginia, Mr. Hardy, ay Monroe, no no Lee, no North Carolina, Mr. Williamson, ay div. Sitgreaves, no South Carolina, Mr. Read, no Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

It passed in the negative.

Congress proceeded to the election of three Commissioners, pursuant to the Ordinance of the 23 December, 1784, and, the ballots being taken, Philip Schuyler, Esq r . was elected, having been previously nominated by Mr. W[alter] Livingston. 1

1 On this day, according to Committee Book No. 190, the memorial of Peter Landais for gratuity and pay, was referred to Mr. [Rufus] King, Mr. [Samuel] Hardy and Mr. [John] Beatty, which committee was renewed April 12 as King, Beatty and [David] Howell, who reported April 18.

Also, the letter of October 12 from W. Carmichael, with various papers, was referred to the Secretary for Foreign Affairs to report a translation, which was made February 14.

FRIDAY, FEBRUARY 11, 1785.

Congress assembled. Present as yesterday.

A concurrent resolve of the honorable the Senate and the house of Assembly of the State of New York, being laid before Congress and read

Resolved , That it be, and it is hereby recommended to the State of New York, to settle with Captains Hangury Tewahangahkan, John Otaawighton, James Wakarantharaw, and lieutenants Nicholas Kayhnatsho, Cornelius Kahiktotow, Cornelius Okoniota, Indians of the Oneida and Tuscarora Nations, late Officers in the Service of the United States, and pay their Accounts in like manner as other officers in the line of the said State. 2

2 The resolution is in the Papers of the Continental Congress , No. 67, II, folio 481.

On this day, according to the indorsement, was read the report of the Secretary for Foreign Affairs on the petition of John Lamb. See ante , February 9, and post , February 14. It is in No. 80, I, folio 5.

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On the report of a committee, consisting of Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight, to whom were referred sundry letters from the Secretary for foreign Affairs.

Resolved , That in pursuance of the resolutions of the 22d of February, 1782, All communications as well to as from the United States in Congress assembled, on the subject of foreign affairs, be made through the secretary for the department for foreign affairs, and that all letters, memorials or other papers on the subject of foreign affairs, for the United States in Congress assembled, be addressed to him.

Resolved , That all Papers written in a foreign language, which may in future be communicated to Congress, from the Office of the department of foreign affairs, shall be accompanied with a translation into English.

Resolved , That the Secretary for the department of foreign affairs be, and he is hereby authorized to appoint an interpreter, whose duty it shall be to translate all such papers as may be referred to him, as well by the United States in Congress assembled, as by committees of Congress, the Secretary for the department of foreign affairs, the secretary of Congress, the Board of Treasury, or the Secretary for the department of War; and who shall be entitled to receive such allowance as the Secretary for foreign affairs may think sufficient, not to exceed the annual pay of a clerk in the Office; and who, previous to his entering on his duty as interpreter, shall take the Oath of fidelity and the Oath of Office, prescribed in an Ordinance passed on the 27 day of January last, a registry of which oath shall be kept in the Office of the Secretary of Congress.

Resolved , That the wages of the door-keeper to the office for foreign Affairs, be considered as part of the contingent expenses of said Office.

Resolved , That the treasurer of the United States advance to the Secretary for the department of foreign Affairs, the 0069 57 sum of one thousand dollars, for the contingencies of his Office, he to be accountable.

On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [William] Ellery and Mr. [Hugh] Williamson, to whom was referred a letter of the 29 December last, from M r . de Marbois, to the Secretary for foreign Affairs,

Resolved , That the Secretary for foreign Affairs, give orders for a careful removal of the portraits of his Most Christian Majesty and of the queen of France, from Philadelphia to the Hall in this City, in which Congress hold their sessions. 1

1 This report was also entered in the manuscript Secret Journal, Foreign Affairs. See ante , January 15.

The Committee consisting of M r [William] Ellery, M r [James] Monroe, M r [Jacob] Read, M r [Hugh] Williamson, and M r [Richard Dobbs] Spaight to whom was referred a petition of M r Jollibois with its enclosures,

Report, That Congress on the 15 th day of April, 1784, resolved on the case of Mr. Jollibois, and thereupon request that they be discharged. 2

2 This report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 19, III, folio 321. According to the indorsement it was passed June 7.

The Committee [consisting of Mr. Hugh Williamson, Mr. Archibald Stewart and Mr. William Samuel Johnson] to whom was referd a motion made by Mr. [David] Howell respecting Ox Teams submit the following Report Resolve

That the Commissioners of the board of Treasury be directed forthwith to give orders for ascertaining the Sums due to the Contractors in the Commonwealth of State of Rhode Island and Providence Plantations for Ox Teams and Conductors employed in the Campaign of 1781 which State is hereby authorized to charge such Sums with Interest from the Time of the same of advancing the same shall be paid as Part of the Quota of the State which may be assigned it for the Year one Thousand seven hundred and Eighty-five. 3

3 This report, in the writing of Hugh Williamson, was delivered and read, according to the indorsement, this day. It was passed February 16 as the motion of the delegates for the State of Rhode Island and Providence Plantations. It is in the Papers of the Continental Congress , No. 22, folio 203. A letter from Timothy Pickering to Hugh Williamson, on the subject, dated February 7, is on folio 207.

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On the report of a committee, consisting of Mr. [John] Beatty, Mr. [David] Howell, and Mr. [William Samuel] Johnson, to whom was referred a letter of 4 December, 1784, from John Hopkins, praying an allowance of sundry charges objected to by the Comptroller in the settlement of his Accounts:

Resolved , That the comptroller, in settling the accounts of major Hopkins, be directed to pass to his credit, all such necessary sums of money as may appear to have been disbursed by him in the hire of a clerk, and master of the prisonship, while acting as deputy commissary and intendent of prisoners.

Resolved , That the comptroller be directed, in settling the accounts of major Hopkins, to allow such travelling charges as were necessarily incurred in the execution of his office. 1

1 See ante , February 1.

On the report of a committee, consisting of Mr. [Abiel] Foster, Mr. [James] McHenry, and Mr. [Joseph] Gardner, to whom was referred a Memorial of Mr. Benjamin Bankson,

Resolved (by nine states) That in consideration of the additional expense to which Mr. Bankson has been exposed, by the late removals of Congress, and of the constant and hard duty which he has discharged, being, for a considerable time, the sole clerk in the secretary's Office, he be allowed the sum of four hundred dollars. 2

2 See ante , February 3.

Congress proceeded to the election of the two remaining commissioners, pursuant to the Ordinance of the 23 of December, 1784, and the ballots being taken, Mr. Philemon Dickinson and Mr. Robert Morris were elected; the former having been previously nominated by Mr. [Archibald] Stewart, and the latter by Mr. [William] Ellery.

The Commee. consisting of Mr. [William] Ellery, Mr. [James] Monroe, Mr. [Jacob] Read, Mr. [Hugh] Williamson, and Mr. [Richard Dobbs] Spaight to whom the petition of Mr. L'Eglize was referred 0071 59 are of opinion report that his petition should be dismissed, Congress having taken final measures on his pretensions as appears by their resolution of Aug t . 8, 1782 [that the petitioner have leave to withdraw his petition]. 1

1 This report, in the writing of William Ellery, except the part in brackets, which is in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress , No. 19, III, folio 535. The indorsement states that it was read on this day, and acted on June 7, 1785.

On this day, according to the indorsement, was read the report of the Secretary for Foreign Affairs on the letter of Blair McClenachan of October 13, 1784. It is in No. 80, I, folio 9. Committee Book No. 191 states that it was filed. See ante , February 7.

[Motion of M r . James Monroe, 11 February, 1785. Referred to Mr Robert R. Livingston, M r . John Beatty, M r . James Monroe, M r . William Samuel Johnson, M r . Elbridge Gerry, M r . John Henry, M r . Rufus King.]

Resolved , That upon all goods originally imported into the British province of Canada, and transported thence up the Lakes and landed either in publick or private stores or elsewhere [without the bounds of any of the 13 U. S. and] within the bounds of the U. S. shall be paid the duty of p r . c tm . ad valorem, at the places where they may be landed; and that in cases of doubt the onus probandi lie upon the owner; except in cases of shipwreck, or wherein vessels have been forced on shore to avoid shipwreck [Recommended to U. S. to pass resolutions to charge a duty on goods, brought from Canada. That be recommended &c.] That the citizens or others, inhabitants of the U. S., are hereby authorized to build ships or other vessels, and to conduct their Commercial concerns thro' the lakes, with goods originally imported, into the ports of the U. S., without any restraint or limitation whatsoever.

That it be recommended to the people who may settle under the protection of the forts and garrisons of the U. S. without the bounds of any particular State to the west and no: west of fort Schlosser to erect a temporary form of govt. for themselves and to lay such reasonable duties on their commerce as it will sustain, to defray as far as possible the expenses of said garrisons and that they appoint collectors to receive the same, to be applied agreeably to the orders of the U. S. in Congress assembled.

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That be instructed, provided they enter into a treaty of commerce with G. Britain, that the commercial intercourse between G. Britain, Ireland, the West Indies, or other possessions of his Britannick majesty and the U. S., be so regulated, as that the U. S. be laid under no restrictions with respect to the intercourse between the citizens of these States and his subjects in Canada or other possessions of his B k majesty on this continent, but that either party be left at liberty to make such regulations respecting said commer l . intercourse as they may think proper. 1

1 This motion, in the writing of James Monroe, except the words in brackets, which are in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, II, folio 507. See post , February 21.

On this day, according to the indorsement, was read a memorial of Baron yon Steuben, dated February 5. It was referred to Mr. [David] Howell, Mr. [Elbridge] Gerry, Mr. [Hugh] Williamson, Mr. [Samuel] Hardy and Mr. [Lambert] Cadwallader, who delivered a report March 17. The memorial, dated February 5, 1785, is in No. 19, V, folio 549.

Also, according to Committee Book No. 186, the committee of January 17 on the case of Longchamps, was this day discharged and the papers referred to the Secretary for Foreign Affairs, who reported February 17.

Office for Foreign Affairs February 9th. 1785

The Secretary of the United States for the Department of Foreign Affairs, to whom the following papers were on the 7th. day of February Inst. referred Viz

A letter from the Supert. of Finance to the President of Congress, dated 30 December 1784.

Copy of a Letter from the Marquis de la Fayette to Molls. de Calonne 31 Jan 1784.

Copy of a Letter from the same to the same 10 Februy. 1784

Copy of a Letter from the same to the same 26 Feby. 1784

Copy of a Letter from the same to the same 5 March 1784

Copy of a Letter from Mons. de Calonne to the Marquis de la Fayette 8 March 1784

Original Letter from the same to the same 17 May 1784

Original Letter from the same to the same 11 June 1784

Original Letter from the same to the same 16 June 1784

Original Letter from the Marshal de Castries to the Marquis 17 June 1784

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Reports as his Opinion thereupon

That “the state of the duties payable by vessels of the United States at the ports of Marseilles, Bayonne, L'Orient and Dunkirk” ought to be immediately translated and published, for the Information of Americans trading there.

That copies of all these papers should be transmitted to the American plenipotentiaries in Europe for making Treaties of Commerce.

John Jay .

Ordered That the above report be referred back with the papers to the Secretary for Foreign Affairs to take Order. 1

1 This report and order thereon is entered in the Resolve Book, No. 123, p. 2; the report itself is in No. 80, I, folio 1.

On this day also, according to Committee Book No. 191, a motion of Mr. [Hugh] Williamson “for discharging the militia raised by the vote of June 3 [1784] who are not in service” [was referred to Mr. Williamson, Mr. Samuel Hardy and Mr. Jacob Read]. See post , February 25.

The Committee consisting of Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy, to whom were referred a Letter from the Supreme Executive of the State of Pennsylvania, dated 20th December; a Letter dated 24th January, from William Denning, Esquire, Auditor of Accounts; and sundry other letters and papers—beg Leave to report,

That from the Evidence in their Possession, there is great Reason to believe that numerous Frauds are daily practiced against the U. S., by issuing or passing Certificates for which the public have received no Value. They find that many of the Deputies under the late Heads of Departments, have neglected to deliver to their Principals, according to the instructions of Congress, any Account of the Certificates they have issued. That they have hitherto declined to settle their Accounts and some of them refuse to deliver their Checks or give any Account of the Certificates they have issued. Some of them have attempted to settle their Cash accounts by the means of Receipts which they have taken for Certificates issued as cash, when no Cash was paid. And some of them are still possessed of printed blank Certificates, which they continue to fill up and issue.

Your Committee axe very apprehensive, that under the present tedious process of settling public Accounts, fraudulent Certificates may be multiplied, the means of detecting such Frauds become more difficult, and the honest Creditor continue to suffer by the Delay of Justice; wherefore they submit the following Resolves

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That two or more Commissioners be appointed in the larger states, for liquidating and settling the Acco ts . of individuals against the U. S. in Order that the amo t . of the national Debt may be ascertained and the most speedy and effectual methods adopted for doing equal Justice to those who have trusted the Nation with their Property.

That till the Board of Treasury are ready to discharge the Duties of their Office it will be necessary for Congress to chuse Commissioners where they are wanted for settling Acco ts . in the several States.

That the Commissioners in each State keep their Offices in such Places as may be proposed to them by the supreme Executives of the several States. That they confine their settlements to certain Counties or Districts. That they correspond with each other, with the Board of Treasury and with the Commissioners who are appointed to settle the Accounts of particular Departments , in order to prevent Confusion or frauds on the Part of the claimants.

That the late Heads of Departments, or their successors or Agents, be required without Delay to forward to the Board of Treasury, a List of their respective Deputies who have been duly authorized to issue Certificates

That the Heads of Departments afors d . and each of their Deputies who have not settled their Accounts, and all other Persons who have issued Certificates of Debts due by the U. S. Loan Office Certificates and Certificates of final Settlement excepted, be required Agreed forthwith to deliver to the board of Treasury, or to some Commissioner of Accounts in the State where such Persons reside, their Check Books or a fair abstract of all the Certificates which they have issued, and they shall specify those Certificates for which they have taken Receipts, as for Cash paid, and a Copy of those Abstracts or Checks , shall be transmitted by the Board of Treasury, to the several Commissioners of Accounts to whom they may be of use in detecting Frauds.

That if any officers shall refuse or neglect for the space of within two months of the date from the time when he shall receive notice from the Board of Treasury or the Comptroller, to deliver his Checks or a full and just fair Account of the Certificates which he has issued, the name of such Officer shall be transmitted to the Board of Treasury or Comptroller Congress that proper Steps may to taken for causing him to be prosecuted according to Law.

That the Commissioners of Accounts be instructed to be extremely careful how they admit Charges against the U. S. founded on Certificates 0075 63 which are not duely supported by the Authority of Congress and the Accounts of the Officers who have issued them.

That the Commissioners who have been appointed for settling the Accounts of the Commissary, the cloathing, medical Postponed and marine Departments, be discontinued from the and that they deliver the Books and Papers in their several Offices to the Board of Treasury. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, II, folio 63. According to the indorsement it was read this day and “Wednesday 16 Feby. assigned for consideration.”

MONDAY, FEBRUARY 14, 1785.

Congress assembled. Present, as before.

The Comptroller, to whom was referred a memorial of capt. Giles Wolcot, with the accounts accompanying it, having, according to order, reported thereon,

Ordered , That the said report, with the memorial and accounts, be referred to the Commissioners, for settling the accounts of the quartermaster's department; and that he report specially, if he find any difficulty in settling the accounts and claims of the said Giles Wolcott. 2

2 The comptroller's report, dated February 9, with the order indorsed upon it by Charles Thomson, is in the Papers of the Continental Congress , No. 41, X, folio 621. It was read this day.

On this day, according to the indorsement, were read two letters from Col. Josiah Harmar, of December 5, 1784, and January 2, 1785, relating to Indian treaties and returns of troops. They were ordered to be filed and are in No. 163, folio 389 et seq .

The delegates for Maryland laid before Congress, the following Acts, passed by the legislature of that State, viz.

An Act respecting the appointment of Delegates to Congress.

An Act to authorize the delegates of this State in Congress, to consent to an alteration in the eighth of the Articles of the Confederation, and in its place to subscribe and ratify another.

An Act to invest Congress with certain powers respecting the Commerce of the United States; and,

A supplement to the Act to authorize the United States in Congress Assembled, to impose and levy a duty of 5 per cent. on imported foreign 0076 64 goods, and all prizes and prize-goods, for the payment of the debt contracted by Congress during the wax. 1

1 These acts are in the Papers of the Continental Congress , No. 75, folios 314–330.

On this day, according to the indorsement, the report of the Secretary for Foreign Affairs, on the petition of John Lamb, was referred to Mr. [James] Monroe, Mr. R. R. Livingston and Mr. [William Samuel] Johnson, who reported February 15.

Also, was read a letter from John Jay, dated February 11, with a letter from M. de Marbois on the subject of Mr. Longchamps, which was referred back to the Secretary for Foreign Affairs to report. It is in No. 80, I, folio 61. Also a letter of the same date from Jay on a letter from William Carmichael, was read and referred back to the Secretary. It is in No. 80, I, folio 69.

The Committee [Mr. David Howell, Mr. Hugh Williamson and Mr. Pierse Long] to whom was referred the petition of Bartholomew Van Heer, late Cap n . of Light Dragoons in the Service of the U. States, dated Philad a . January 12, 1785 beg leave to submit the following report:

Your Committee find that the petitioner first joined the American Army under General Montgomery in Canada in the year 1775 and served as Lieutenant and Adjutant in the regiment of Canadians commanded by Colonel James Livingston. In 1777 he joined the northern Army and was appointed a Captain in Colonel Procter's regiment of Artillery, in which capacity he served till the Spring of 1778, when he was ordered to raise a Troop of light Dragons, which he compleated in a short time, and commanded till it was disbanded at the close of the war, when he was promoted to the rank of Major by brevet; and that in these several services Major Van Heer has conducted himself as a zealous, active and good officer.

The prayers of Major Van Heer's petition are

1st. For payment of wages due to him as Brigade Major from Octo. 20, 1776, to March 14, 1777.

2. For payment of expences by him incurred in travelling from Philad a . to Albany, from Albany to Philad a . from thence to Morris Town, and from thence to Baltimore.

Your Committee are of opinion that, if these charges are well founded, the Pay-master-general is already cloathed with ample powers to admit them, and to make a final and just settlement.

3. For payment of interest on a Loan-office certificate issued to him for depreciation of pay, agreeably to the resolution of April 20, 1781.

As this certificate appears to have been issued by the keeper of the Loan-office in the State of Pennsylvania, and as the provision made in that State under the requisition of April 28, 1784, for payment of 0077 65 interest on L. O. certificates issued from that Office, has been extended to all holders thereof without limitation, the Committee are of opinion that it is unnecessary for Congress to take any further measures.

4. To be considered as a Foreign Officer and to have the benefit of a resolution passed on the 22nd day of January, 1784, extended to him.

Your Committee find by a certificate signed Fred. de Weissenfels, that Major Van Heer, previous to his coming to America, held a Commission in the Spanish Service, and that the documents, in proof hereof, after having been shewn to General Montgomery, were inevitably lost in the retreat from Quebec in the year 1776. Whereupon your Committee recommend to Congress the following resolution:

Resolved , That the Commissioners of the Board of Treasury, advance, on account of his pay, to Major B. Van Heer, late captain of light dragoons in the Service of the U. States, 500 Dollars, to enable him to return to his native Country. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress, No. 19, VI, folio 117. According to the indorsement it was passed February 15.

On motion of Mr. R[obert] R. Livingston, seconded by Mr. [John] Sitgreaves,

Resolved , That the Ministers of the United States who are directed to form treaties with the Emperor of Morocco, and the Regencies of Algiers, Tunis and Tripoly, be empowered to apply so much of the money borrowed in Holland, or any other money in Europe belonging to the United States, to that use as they may deem necessary, not exceeding eighty thousand dollars; and to draw for the same accordingly.

That they be further empowered, if the situation of affairs should render it inexpedient for either of them to proceed to the above Courts, to appoint such persons as they may deem qualified to execute this trust.

That the Secretary for Foreign Affairs be directed to write to the above Ministers, pressing upon them the necessity of prosecuting this important business, and forwarding to them Commissions and Letters of Credence, 0078 66 with a blank for the name of such person as may be directed to conclude the said Treaties. 1

1 This motion was entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III. The motion is in the writing of Robert R. Livingston, and is in the Papers of the Continental Congress , No. 36, II, folio 509.

February 14: The following committees were appointed:

Committee of the Week—Mr. [Charles] Pinckney, Mr. [William] Hindman and Mr. [Pierse] Long.

Mr. [John] Bull, Mr. [William] Ellery and Mr. [John] Henry, on a letter of January 30 from several officers of the late Connecticut Line, praying for a settlement of the accounts of that Line. It is in the Papers of the Continental Congress , No. 78, I, folio 443. A report was made February 16. An indorsement and also Committee Book No. 190, refers to December 8, 1785.

Mr. [William] Livingston, Mr. [Richard Dobbs] Spaight and Mr. [Joseph] Gardner on a petition from Richard Phillips, for increase of his pay as steward to the President of Congress and also on a letter from Henry Remsen, Jr., asking for indemnification for public money stolen from him. Report was rendered February 21. Remsen's letter is in No. 78, XIX, folio 475. Phillips's is in No. 42, VI, folio 294 and is indorsed: “Answered by the Act: March 23d, 1788.”

Mr. [William Samuel] Johnson, Mr. [James] McHenry, Mr. [David] Howell, Mr. [James] Monroe and Mr. [Hugh] Williamson, on the letter of January 28, from the Commissioners for Indian Affairs, with the treaty made by them with the Western Indians. They reported March 7. The letter from the Commissioners is in No. 30, folio 271.

Committee Book No. 190 .

On this day, according to Committee Book No. 186, the committee of January 17 on the motion of Mr. John Francis Mercer was “renewed with addition of two members.” Committee Book No. 190 shows that these were Mr. [William Samuel] Johnson and Mr. [John] Beatty. Mercer's motion, which was made December 17, 1784, was “That a Comtee. be appointd. to consider whether any and what measures may be necessary for Congress to adopt in pursuance of their recommendats. to the States of April 18, 1783.” A report was rendered March 14.

Also, according to the indorsement, the petition of February 12, from Duncan Campbell, praying for reimbursement for pay losses through depreciation and for a settlement of his account, was read this day and referred to Mr. [William] Ellery, Mr. [John] Bull and Mr. [James] McHenry. See post , April 11. Campbell's petition is in No. 42, II, folio 251.

TUESDAY, FEBRUARY 15, 1785.

Congress assembled. Present, as yesterday.

On the report of a committee, consisting of Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Pierse] Long, to whom was referred a Memorial of Major Von Herr,

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Resolved , That the Commissioners of the board of treasury, advance, on account of his pay, to Major B. Yon Herr, late a captain of light dragoons in the service of the United States, five hundred dollars, to enable him to return to his native country. 1

1 Committee Book No. 191 states that the report of the Secretary for Foreign Affairs on the petition of John Lamb was this day passed. See ante , February 11.

On this day also, according to Committee Book No. 190, a committee report on the petition of Col. James Livingston was referred to Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [William] Ellery, who reported February 17.

Also, the Secretary for Foreign Affairs was directed to take order on so much of his report on the letter from William Carmichael, as respects the draft of the letter reported. “The letter read and approved and referred back to the Secretary for foreign Affairs to take Order.” It is in No. 80, I, folio 13.

Also, the President of Congress was directed to take order on the motion that the President draw a warrant on the Treasurer in favor of B. Bankson for 400 dollars allowed him by resolution of 11th instant.

Also, the note from the Minister of the United Netherlands on a change in sea letters, and the letter of August 2, 1783, from William Carmichael were referred to the Secretary for Foreign Affairs, who reported November 1.

On the question to agree to this, the yeas and nays being required by Mr. [Hugh] Williamson,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry ay ay Mr. Holten, ay Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston ay ay Platt ay New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay ay Henry, ay Maryland, Mr. McHenry, ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, ay Lee, ay North Carolina, Mr. Williamson, no Spaight ay ay Sitgreaves, ay South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay *

So it was resolved in the affirmative.

The Committee consisting of [Mr. Samuel Hardy, Mr. Charles Pinckney, Mr. Egbert Benson, Mr. Hugh Williamson and Mr. David Howell] to whom was referred a memorial from Francis Carbeneaux 0080 68 and the papers accompanying it beg leave to submit the following report. That as satisfactory documents have been produced by the said Carbeneaux to shew that he has been deputed by the inhabitants of the Kaskaskie and Illinois settlements to represent to Congress the great inconvenience to which they are subject from the want of order and good government,

And as it is expedient that the most early steps should be taken to relieve the said inhabitants from any the difficulties that may which have arisen from the present unsettled state of their Affairs, untill more effectual arrangements can be made for extending to them a more regular establishment of security and good order,

Resolved , That a commissioner one or more Commissioners be appointed to repair to the Kaskaskie and Illinois settlements,

That he be charged to use his best endeavours to suppress those disorders and irregularities of which the said Inhabitants complain. And that in the exercise of his Authority and the administration of justice he pursue the mode which he may judge the best calculated to quiet the Minds of those people and secure their attachment to the fœderal government.

That he be required to adjust and settle all accounts of the said Inhabitants against the United States, taking care to have proper documents produced in support of their respective claims, and that he be invested with all the powers and Authorities of the other Commissioners for settling the accts of the several states, against the United States under the resolution of Congress of 22 feby, 1782.

And the more effectually to preserve peace and good order,

Resolved , That Men out of those to be raised for garrisoning our Western frontiers be stationed in the said district—

Resolved , That he be allowed dollars as a compensation for his trouble and expences. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 30, folio 431, See post , February 21.

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[Motion of Delegates for Connecticut]

[Mutilated] Connecticut having pursuant to the Recommendations [mutilated] certain Acts of their Legislature authorised and fully [mutilated] their Delegates in Congress in the Name and behalf of said [mutilated] and Execute Ample Deeds of Release and Cession of [mutilated] lands and Territory belonging to and Claimed by s d . State [mutilated] mits in s d . Acts mentioned and described to the United [States—mutilated—in Congr]ess assembled for the common benefit of the [mutilated]

The Delegates of d . State now offer pursuant [mutilated] committed to them to make such Cession and Release and Move [mutilated] will Accept the same accordingly. 1

1 This motion, in the writing of William Samuel Johnson, is in the Papers of the Continental Congress , No. 30, folio 519½. The indorsement states that it was made this day and referred to Mr. [Hugh] Williamson, Mr. [Samuel] Hardy, Mr. [Samuel] Holten, Mr. [William Samuel] Johnson, Mr. J[ohn] Henry, and Mr. [Lambert] Cadwallader, Mr. [William] Grayson. Committee Book No. 190 states that the Connecticut act was of January, 1784, and that a motion to accept Connecticut's offer was also, this day, referred to this committee, which was renewed April 11.

The Committee of the Week [Mr. Charles Pinckney, Mr. William Hindman and Mr. Pierse Long] having considered the Extract of a Letter from Col o Bryan Bruin to the Secretary of War dated Jan y . 31 st . 1785, setting forth that He was Secretary and Aid de Camp to Maj r . Gen l . Sulivan, and that by a Law passed the Legislature of Virginia, He is precluded from his pay as such because Maj r . Gen l . Sulivan was not a Resident of that State, together with the Vouchers accompanying the same are of Opinion, should be referred to a Committee.

They further report that two Letters from Col o Jos. Harmar to the President of Congress one dated 5 th . Dec r . 1784, the other 28 th . Jan y . 1785, inclosing a Return of the pennsylvania and Jersey Troops in the Service of the United States 1785, be filed.

The Committee further report that a Letter from James Morrison to the President of Congress dated 1 st Jan y . 1785, enclosing an Account of Advances in Canada with the Vouchers be referred to the auditor comptroller of accounts to report thereon. 2

2 This report, in the writing of William Hindman, is in the Papers of the Continental Congress , No. 32, folio 581. It belongs to this period. Committee Book No. 190 shows that a letter of the Secretary in the War Office respecting Peter B. Bruin was referred February 21 to Mr. [John] Henry, Mr. W[illiam] Livingston and Mr. [Pierse] Long. This committee was renewed August 8. An extract of Bruin's letter is in No. 42, I, folio 377, and is indorsed as acted on February 3, 1786.

On this day, as the indorsement states, was read a petition of John Henderson for appointment as a deputy surveyor of western lands. It is in No. 42, III, folio 473.

Also, a letter of William Duer, on contract for supplying the troops in New York state, which was referred to Mr. W[illiam] Livingston, Mr. [Archibald] Stewart and Mr. [James] McHenry who reported February 18. It is in No. 78, VIII, folio 101.

Also on this day, according to Committee Book No. 190, the committee of January 17 on the letter of Van Berckel was discharged and the matter referred to the Secretary for Foreign Affairs to report, which he did November 1.

WEDNESDAY, FEBRUARY 16, 1785.

Congress assembled. Present, Newhampshire, Massachusetts, Rhode island, Connecticut, New-York, New-Jersey, Maryland, Virginia, North Carolina and South Carolina; and from the state of Pensylvania, Mr. [Joseph] Gardner, and from Georgia, Mr. [William] Houstoun. 1

1 On this day, according to Committee Book 186, the committee of December 6, 1784, which was renewed January 24, on Monroe's motion for giving general regulation of trade to the United States, brought in a report and Committee Book No. 191 states that it was transferred. See post , March 28.

Also, according to Committee Book No. 190, the Instructions to the delegates of Virginia on the settlement of accounts, dated December 30 and 31, were read and referred to Mr. [James] Monroe, Mr. [Samuel] Hardy and Mr. [Samuel] Holten, who reported February 23. The instructions are in No. 71, II, folio 419.

The Committee Consisting of Mr. [Jacob] Read, Mr. [Samuel] Holten and Mr. [James] Monroe to whom was referred a Letter of the 21 st Dec r . 1784 from Mr. Joseph Carleton Secretary in the War Office inclosing an extract of a Letter from Lieut t . David Luckett dated 1 st . August 1784 Submit the following resolves 2

2 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 19, III, folio 621. According to the indorsement it was delivered this day, entered, and read. The resolves were adopted verbatim June 7, q. v .

The Committee [consisting of Mr. John Bull, Mr. William Ellery and Mr. William Henry] to whom was referred the letters from J. Sherman, Agent to the old 5, 6, 7, 8, and the late 2 d ., 4, 5, and Cont l . Regiment of three years men—Nathan Beers Agent of the old 2 d . 9 th , and the late 3 d . Connecticut Regiments and Charles Fanning Agent to the old 3 d and the late first Connecticut Regiments—also the 0083 71 letter of John Blair Agent to the 1 st ., 3 d ., and the Jersey Regiments—Observe that by a Resolve of Congress of the 3 d . Novem r . 1783 the pay master Gen l . was directed to deposit in the hands of Regimental Agents the Certificates of the arrears of pay due to the Officers and Soldiers of the respective lines, to be by them delivered to the individuals to whom they belong, or deposited for their benefit as the Supreme executive of the State to which the respective Agents belong—shall directs—And thereupon submit the following Resolution

Resolved , That the Executive Legislature of the several respective States to which Regimental Agents belong, be requested to cause to be Examined into the Services of the said Agents, and to make them such allowances as they may think them intitled unto; and charge the same to the United States—that such agents deposit the Certificates that may remain in their hands with the Executive of the States to which they belong agreeable to the Resolution of Congress of 3 d . Nov r . 1783. 1

1 This report, in the writing of John Bull, is in the Papers of the Continental Congress , No. 21, folio 385. It was entered and read this day and passed May 27.

On the report of a com te . consisting of Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [William Samuel] Johnson, to whom was referred a motion of the Delegates for the State of Rhode island and Providence Plantations,

Resolved , That the Commissioners of the board of treasury be, and they are hereby directed to give orders for ascertaining the sums due to the Contractors in the State of Rhode island and Providence Plantations, for Ox teams and Conductors employed in the campaign of 1781, which State is hereby authorised to charge such sums with interest, from the time of advancing the same, as part of the quota of the state, which may be assigned for the year one thousand seven hundred and eighty five.

The Committee Consisting of Mr. [Jacob] Read, Mr. [William] Houstoun and Mr. [John] Bull, to whom was referred the Memorial of George Turner, late a Captain in the Federal Army, Submit the following report:

Your Committee find that the said George Turner in the Commencement of the late War was appointed a Lieutenant of Infantry 0084 72 in the line of the State of South Carolina, and duly promoted in April, 1777, to the Command of a Company.

That in 1778 he was appointed Aid de Camp with the rank of Major annexed to Gen. R t . Howe, retaining at the Same time his Commission in the line.

That Serving in the Northern Army under his Appointment as Aid de Camp, and hearing of the Enemy's preparations in New York for the attack of Charleston, he returned thither and resumed the Command of his Comp y . in the defence of that place, became a Prisoner of War on its Surrender, and was paroled in the year following to Philadelphia.

That being some time after exchanged, he was appointed Commissary of Marine Prisoners for the United States, and as such continued to reside in Philadelphia till the peace, never having resigned his Commission in the line of the Army.

That during his absence from his regiment the reform of the Southern Army took place, on which occasion the said George Turner (tho' a very old Captain in the line and entitled to continue in Service) was put upon the list of deranged officers without his knowledge or consent, and a junior Captain retained in his stead.

Your Committee conceive that the said George Turner, never having resigned or left the Service, was undeservedly injured in such derangement, as no officer can be deprived of his commission by a Superior Officer without the Sanction of a Court Martial; and as such derangement if not reversed by Congress would tend not only to injure deprive the said George Turner of Certain pecuniary advantages, but also of his right to the Brevet of a Major under the resolution of Congress of the 30th Sept r . 1783,

Your Committee recommend that it be

Resolved , That he said George Turner considered as entitled all and singular the emoluments and advantages of an officer continuing in Service to the end of the war; and that the Secretary in the War Office do make out and deliver to the said George Turner a Brevet Commission as Major in the late army of the United States. 1

1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 19, VI, folios 97–99. The indorsement states that it was read on this day, and negatived on February 23. Turner's memorial was referred to the above committee December 8, 1784. It is in No. 41, X, folio 247.

On this day, as the indorsement states, was read a petition of Elenor Healy, praying for a pension and referred to Mr. [James] McHenry, [Mr. Hugh Williamson, Mr. David Howell, Mr. Jacob Read and Mr. Samuel Holten] the committee of February 7 on Invalids. It is in No. 41, IV, folio 253. See post , June 7, 1785.

Also was read a letter from John Jay of February 15, on the subject of Marbois' letter, see ante , February 14, and one of same date on the case of Stephen Sayre, which was referred to Mr. [William] Houstoun, [William Samuel] Johnson and Mr. R. R. Livingston. See post , February 22.

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The Committee consisting of Mr [Hugh] Williamson, Mr [Archibald] Stewart and M r . [Samuel] Hardy, to whom were referred a Letter from the Supreme Executive of the State of Pennsylvania, dated 20 th . December; a Letter dated 24 th . January, from William Denning, Esquire, Auditor of Accounts, and sundry other Letters and Papers—beg leave to report,

That from the evidence in their possession there is great reason to believe that numerous frauds are daily practised against the United States, by issuing or passing certificates for which the public have received no value. They find that many of the deputies under the late heads of departments, have neglected to deliver to their principals, according to the instructions of Congress, any account of the certificates they have issued. That they have hitherto declined to settle their accounts; and some of them refuse to deliver their checks, or to give any account of the certificates they have issued. Some of them have attempted to settle their cash accounts by the means of receipts which they have taken for certificates issued as cash, when no cash was paid. And some of them are still possessed of printed blank certificates, which they continue to fill up and issue.

Your committee are very apprehensive, that under the present tedious process of settling the public accounts, fraudulent certificates may be multiplied—the means of detecting such frauds become more difficult—and the honest creditor continue to suffer by the delay of justice; wherefore they submit the following resolves.—

That one additional commissioner be appointed in each of the states of Pennsylv a . and Virginia for liquidating and settling the accounts of individuals against the United States whose duties, powers and allowance shall be the same as those of the other Commissioners who have been appointed pursuant to the act of feb y . 20 th . 1782, and who shall not be an Inhabitant of the state for which he shall be appointed.

That till the board of treasury are ready to discharge the duties of their office, the Comptroller of the Treasury shall exercise the power of appointing such additional Commissrs. in the same manner as the late Superintendant of Finance was authorized to do.

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That the Quarter Master General, Commissary of Purchases, Commissary of issues, Commissary of forage and all the late heads of departments, or their successors or agents, be required without delay to forward to the board of treasury, or Controuler of Accounts a list of their respective deputies who have been duly authorized to issue certificates.

That the Commissioners in the States of Virg a . and Pennsylv a . confine their settlements to such counties or districts as the Supreme Executives may direct.

That the heads of departments aforesaid and each of their deputies, who have not settled their accounts, and all other persons who have issued certificates of debts due by the United States, loan office certificates and certificates of final settlement excepted be required forthwith to deliver to the board of treasury, or to some commissioner of accounts in the state where such persons reside, a fair abstract of all the certificates which they have issued, and they shall specify those certificates for which they have taken receipts, as for cash paid; and a copy of those abstracts, shall be transmitted by the board of treasury, to the several commissioners of accounts, to whom they may be of use in detecting frauds.

That a copy of these resolutions be published in the Gazettes or public newspapers of the several states and that if any person or persons so required as aforesaid shall refuse or neglect for the space of two months from such publication to deliver a full and just account of the certificates he or they have issued the board of treasury or in case it is not at the time organized the Comptroller shall take proper steps for causing him or them to be prosecuted according to law.

That the Commissioners of Accounts be instructed to be careful how they admit charges against the United States on certificates which are not duly supported by the authority of Congress and the accounts of the officers who have issued them

That the Commissioners who have been appointed for Settling the Accounts of the Commissary, the clothing, Medical and Postponed. Marine Departments, be discontinued from the and that the[y] deliver the books and papers in their several offices to the board of treasury. 1

1 This report, in the form of a printed copy of the report of February 11, amended in manuscript by Stewart and Charles Thomson, was the result of the consideration on February 16 or some subsequent date. It is in the Papers of the Continental Congress , No. 19, II, folio 59. For the final adopted form see post , February 23.

THURSDAY, FEBRUARY 17, 1785.

Congress assembled. Present, as yesterday.

A letter, of 14 from J. Carleton, sec.y in the war Office, was read, 1 requesting an Order on the treasurer for the sum of eighty dollars, to enable him to remove the records of the Office to the city of New York; Whereupon,

1 This letter is in the Papers of the Continental Congress , No. 60, folio 121.

Resolved , That the president issue a warrant on the treasurer, in favour of Joseph Carleton, secretary in the War Office, for the sum of eighty dollars, to defray the expence of removing the books and papers of the said Office to this city, for which sum he is to be accountable.

A motion being made by Mr. [Charles] Pinckney, seconded by Mr. [David] Howell, in the words following:

That no future commission of a Minister, generally or specially, to any foreign court, [chargé des affaires] or of a Secretary to any foreign legation, shall continue in force for more than three years, the time from which it is to commence to be fixed in the commissions; at the expiration of which period, unless reappointed, such minister or secretary shall cease to exercise such Office. Provided always, that such minister or secretary shall be considered, at all times, as subject to the recal of Congress within the term above limited. 2

2 This motion, in the writing of Charles Pinckney, is in the Papers of the Continental Congress , No. 36, II, folio 517, the words in brackets being in the original motion, but not in the Journal.

A motion was made by Mr. [Jacob] Read, seconded by Mr. [Samuel] Hardy, to postpone the motion, in order to take up the following:

That as the power of recalling any minister to a foreign court, or secretary to a foreign legation, is always in Congress, and it is presumed will be exercised on every occasion of misconduct or neglect in any minister to a foreign court; and as the wisdom and virtue of the United States in Congress Assembled, will always be equal to a proper decision on every question that may be brought before them,

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Resolved , That it is highly impolitic and unnecessary to fix any determinate time to the continuation in Office, of any resident or special minister or secretary to a legation to a foreign court. 1

1 These two motions, and the votes thereon, were also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III. The original motions are in No. 36, IV, folios 529 and 531.

On this day, according to Committee Book No. 191, the Secretary for Foreign Affairs reported on the case of Longchamps. “Application for delivering him up withdrawn.” The report is in No. 80, I, folio 17. “Thursday 24 Feby 1785, assigned for consideration. The Secy for foreign Affairs to attend on that day.” See post , August 23.

On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Jacob] Read,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Gerry, no Holten, no no Partridge, no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no no Johnson, no New York, Mr. R. R. Livingston, ay W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no Pensylvania, Mr. Gardner, no * Maryland, Mr. McHenry, no no Hindman no Virginia, Mr. Hardy ay Monroe, ay ay Lee, ay North Carolina, Mr. Williamson, no Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Read ay Bull, no no Pinckney, no Georgia, Mr. Houstoun, ay *

So it passed in the negative. 2

2 On this day, according to Committee Book No. 190, Mrs. Elizabeth Thompson's letter of February 17 was referred to Mr. [James] McHenry, Mr. Rufus King and Mr. [Charles] Pinckney, who reported February 18. It is in the Papers of the Continental Congress , No. 78, XXII, folio 297.

Also, a letter from R. Hoge respecting an American vessel taken by the Moors, was referred to the Secretary for Foreign Affairs to report.

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On the question to agree to the motion of Mr. [Charles] Pinckney, the yeas and nays being required by the State of Massachusetts,

New Hampshire, Mr. Foster ay ay Long, ay Massachusetts, Mr. Gerry, ay Holten, ay ay Partridge, ay King, ay Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, no W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, ay Pensylvania, Mr. Gardner, ay * Maryland, Mr. McHenry, ay div. Hindman, no Virginia, Mr. Hardy, no Monroe, no no Lee, no North Carolina, Mr. Williamson, ay Spaight, no no Sitgreaves, no South Carolina, Mr. Read, no Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, no *

So the question was lost. 1

1 On this day, as the indorsement states, was read a memorial of Louis Atyatachorongta, dated February 16, 1785, praying payment for war services. It is in the Papers of the Continental Congress , No. 41, I, folio 89. See post , March 4.

Also, a letter of Joseph Greenleaf for his commission as agent of officers and seamen of the Alfred and the Providence , in 1777. It is in No. 43, folio 95.

Also, a letter of February 3 from Patrick Henry, Governor of Virginia, submitting a plan for civilizing the Indians from Sir James Jay and the Countess of Huntingdon. It is in No. 71, II, folio 383.

Also, a letter of January 31 from Robert Hooe, on the capture of his brigantine Betsy , which was referred to the Secretary for Foreign Affairs. It is in No. 78, XII, folio 361.

Also, a letter of February 10 from John Holker to the Commissioners of the Treasury on Robert Morris's claim against Holker. It is in No. 78, XII, folio 367.

0090 78

The Committee [consisting of Mr. David Howell, Mr. Jacob Read and Mr. James McHenry] to whom was referred a memorial signed, Fred. Paschke and dated Philad a . October 30, 1784, beg leave to offer to Congress the following report.

Your Committee find that on the 16 th . of May, 1780, Congress passed the following resolution—

“That the Sum of three thousand dollars currency of these States, and a bill of exchange for two hundred and fifty dollars in Specie, be paid to Capt n . Paschke, late of Count Pulaski's Legion (which being dissolved Congress have no means of employing Capt n . Paschke, tho' a deserving officer) to enable him to return to Europe.”

Your Committee also find that sd. Sums were paid to Capt n . Paschke in consequence of sd. resolution; but that Capt n . Paschke instead of returning to Europe entred the Staff-department in the Southern Army—and that on the Settlement of his account of pay and rations at the Treasury Sept. 1, 1783, he accounted for the aforesaid Sums. Whereupon your committee recommended that it be—

Resolved , That the Settlement of Captain Paschke's accounts made at the Treasury on the 1 st . Sept. 1783, be revised; and that in sd. Settlement he be not charged with the Sums of money allowed granted to him in the resolution of May 16, 1780. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress , No. 19, V, folio 41. According to the indorsement it was read this day. The resolve was passed February 24.

The Committee consisting of M r . [Samuel] Hardy, M r . [John] Beatty, and M r . [William] Ellery,

To whom was referred a Memorial from Col o . James Livingston late a Col o . in the Army of the United States: setting forth that eight hundred pounds which he received on the balance of Acc ts . exhibited by him to the treasury board in 1776; which Acc ts . he afterwards delivered to the Commissioners of Acc ts . at Albany together with several other sums advanced to Canadian Officers, soldiers, and Militia are charged to his Acc ts . by the Paymaster General who has not given him the proper Credits because neither the Acc ts . above referred to or the payrolls and warrants granted by the Commander in Chief in the Northern department in favor of the Canadian Officers, soldiers, and Militia are not in the paymaster general's possession. That he served some time as a Volunteer in Canada previous to his receiving a Commission for which he has received no recompense; That he has lost the estate he possessed in Canada in consequence of the part he 0091 79 has taken in the late War for which he has received no gratuity. And that there is five months pay due to him; together with the officers and Soldiers of his Regiment for the year 1780, which he prays the state of New York may be requested to discharge on Acc t . of the united States: beg leave to submit the following report

Resolved that in settling the Acc ts . of Col o . James Livingston, the Paymaster be and he is hereby directed to credit the said Col o . Livingston with all sums paid by him on Acc ts . already settled or on warrants for the pay of his own or other Corps; and that he admit of Col o . Livingston's oath or the best satisfactory evidence which the Nature of the Case will admit of.

Resolved that the eminent services which Col o . Livingston rendered the United States in Canada in the Character of an Officer previous to his receiving a Commission intitle him to the pay of a Col o . from the time of his joining the American Army in Canada; and that the paymaster in the settlement of his accts. is hereby directed to make him such allowance from that time.

Resolved, that it is inexpedient to direct a Mode for the settlement of the Arrears of pay due to Col o . Livingston or the Officers and Soldiers of his regiment different from the adopted for the army at large.

Resolved , that any Compensation for the losses which Col o . Livingston has sustained in Canada in consequence of his attachment to the American cause cannot be ascertained by your Committee until Congress have decided on some general Arrangement respecting the Compensation which others in similar Circumstances shall receive. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 19, III, folio 603. It was acted on March 8.

FRIDAY, FEBRUARY 18, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Georgia, Mr. [William] Houstoun.

On the report of a com ee . consisting of Mr. W[illiam] Livingston, Mr. [Archibald] Stewart and Mr. [James] McHenry, to whom was referred a letter of the 14 Feb y . from Mr. Duer.

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That Robert Morris Esq r . late Superintendant of the finances of the States or Michael Hillegas, Esq r . the treasurer of the U. S., be and is hereby directed to pay to William Duer, Esq r ., out of any public monies which may be in their hands the Treasury the amount of his Issues, for the months of January and February 1785, on his producing the proper certificate of the Comptroller of the Treasury ascertaining the Sum due.

That M r . Duer the present Contractor be authorised to supply the Rations which may be Issuable in the State of New York from the first day of March to the last day of December 1785, on the same terms as to price and payment at which he furnished the Rations from the first of May 1784 to the last of February 1785; Provided that if the said Rations should be required at any places more remote than the places of Issue specified in his former Contract it shall be at the Option of the Commissioners of the Treasury to disannul the said Contract giving to M r . Duer thirty days notice, unless he will agree to supply the said Rations at such an extra allowance for the amount of transportations, as in the opinion of the commissioners of the treasury shall be deemed equitable.

Provided, That if any time, after the last day of June next the Commissioners of the Treasury should judge it necessary to disannul the said contract they shall be at liberty to do the same on giving to the said William Duer Esq r . thirty days notice in writing, and paying such arrearages as may appear due on Settlement.

[And it appearing to your Committee that an immediate advance of money is necessary to enable the aforesaid contractor, [to] procure the supplies, Therefore Resolved , That] the Sum of three thousand dollars be advanced to the said William Duer on account of the aforesaid contract to be deducted from the amount of his Issues for the months of April and May.

That the President be directed to draw a Warrant on the Treasurer of the United States for the sum of three thousand dollars in favor of William Duer: and that it be Recommended to the Legislature of the State of New York to direct their Treasurer to advance the amount of the said Draft, it being indispensably necessary that means should be immediately taken for continuing the supply of Provisions.

And that the President draw a Warrant accordingly. 1

1 This report, in the writing of Walter Livingston, except the part in brackets, which is in the writing of James McHenry, is in the Papers of the Continental Congress , No. 19, II, folio 145.

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Resolved , That the treasurer of the United States be, and he is hereby directed to pay to William Duer, esquire out of any public monies which may be in the treasury, the Amount of his issues for the Months of January and february, 1785, on his producing the proper certificate of the Comptroller of the treasury, ascertaining the sum due.

Resolved , That Mr. Duer, the present Contractor, be authorised to supply the rations which may be issuable in the state of New York, from the first day of March to the last day of December, 1785, on the same terms as to price and payment, at which he furnished the rations from the first of May, 1784, to the last of February, 1785; provided that if at any time after the last day of June, the Commissioners of the treasury should judge it necessary to disannul the said Contract, they shall be at liberty to do the same on giving to the said William Duer, esquire thirty days notice in writing, and paying such arrearages as may appear due on settlement.

And whereas an immediate advance of Money is represented to be necessary, to enable the aforesaid Contractor to procure the supplies:

Resolved , That the sum of three thousand dollars be advanced to the said William Duer, on account of the aforesaid Contract, to be deducted from the amount of his issues, for the Months of April and May; and that the President draw a warrant accordingly.

The committee consisting [of Mr. Rufus King, Mr. William Samuel Johnson and Mr. Peirse Long] &c to whom was referred a report from M r . Pennel commissioner for the marine department relative to monies obtained in the island of martinique for the repairs and outfitts of the ship Confederacy , submit the following report—

That the S r . Borde correspondent of the commissary for naval supplies at the island of martinique furnished M r . Bingham, Agent of the U. S. in that island, with Bills of exchange drawn in his favor on the 0094 82 commissary general, and paid by the Treasurer general of the French marine, to the amount of 64,067 Livres 12, 2⅓ which stun was requisite for the repairs and outfitts of the ship Confederacy , that M r . Bingham in a settlement of his accounts, charged the U. S. with that sum, as supplied through him by the Government of Martinique, which charge hath been allowed, and paid by the U. S. to M r . Bingham. Your committee cannot but presume that M r . Bingham before this time, must have paid over to the said correspondent of the Commissary General, or to such other person as may have had authority to receive the same, the aforesaid sum of 64,067.12.2⅓ paid him by the U. S. to discharge the Debt aforesaid

Whereupon they submit the following resolve—

Resolved , that the U. S. hold themselves eventually answerable to the S r . Borde correspondent of the commissary Gen l . of France for naval supplies for the sum of Ls 64,067.12.2⅓ Tournois, by him advanced to their agent M r . Bingham for the repairs and outfitts their ship of war the Confederacy .

That the commissioners of the board of Treasury cause notice to be given to M r . Bingham late Agent of the U. S. in Martinique of the request made to Congress by the Treasurer general of the french marine for the payment of the aforesaid sum; and that they likewise communicate to M r . Bingham the direction of Congress that (provided the same is not already accomplished) he does without delay exonerate the U. S. from the debt aforesaid by applying for that purpose the monies by him received of the U. S. expressly for that object. 1

1 This report, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 19, I, folio 355. The indorsement states that it was read on this day and January 11, 1786, referred to the Board of Treasury to take order.

On this day, the committee of January 17, on the letter from P. J. Van Berckel, of December 8, 1784, was discharged. The letter is in the Papers of the Continental Congress , No. 81, I, folio 491.

A motion being made by Mr. [Charles] Pinckney, seconded by Mr. [David] Howell, the same in substance as that moved yesterday by them; and on which the question being taken, was lost.

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A Question of order was moved by Mr. [Jacob] Read, as follows:

The question before the house having been lost yesterday; is the Motion made by the hon ble . gentlemen from South Carolina in Order? 1

1 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 36, II: folio 515.

The president calling for the judgment of the house; and on the question, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, no div. Johnson, ay New York, Mr. W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, no Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay ay Henry, ay Maryland, Mr. McHenry, ay div. Hindman, no Virginia, Mr. Hardy, ay Monroe, ay ay Lee, ay North Carolina, Mr. Williamson, ay Spaight, no ay Sitgreaves, ay South Carolina, Mr. Read, no Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, no *

So it was resolved in the affirmative.

The motion being then read; and on the question to agree to it, the yeas and nays being required by Mr. [Samuel] Hardy,

0096 84 New Hampshire, Mr. Foster, ay ay Mr. Long, ay Massachusetts, Mr. Gerry, ay Holten, ay ay Partridge, ay King, ay Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. W. Livingston, ay ay Platt, ay New Jersey, Mr. Cadwallader, no div. Stewart, ay Pennsylvania, Mr. Gardner, ay ay Henry, ay Maryland, Mr. McHenry, ay div. Hindman, no Virginia, Mr. Hardy, no Monroe, no no Lee, no North Carolina, Mr. Williamson, ay Spaight, no no Sitgreaves, no South Carolina, Mr. Read, no Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun no *

So it was

Resolved , That no future commission of a Minister, either generally or specially, to any foreign court, Charge des affaires or secretary to any foreign legation, shall continue in force for more than three years; the time from which it is to commence to be fixed in the Commission; at the expiration of which period, unless reappointed, such Minister or secretary shall cease to exercise such Office; provided always, that such Minister or secretary shall be considered as at all times subject to the recall of Congress within the term limited. 1

1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III.

On the report of a Committee, Consisting of Mr. [James] McHenry, Mr. [Rufus] King and Mr. [Charles] Pinckney, to whom was referred a letter of the 17 from Elizabeth Thompson, 0097 85 late a domestic in the family of the Commander in Chief during the war, and who, by casualties, is reduced at the advanced age of 81 years to poverty and distress,

The committee, consisting of [Mr. James McHenry, Mr. Rufus King and Mr. Charles Pinckney] to whom were referred a letter signed Elizabeth Thomson, dated New York, 17 Feby., beg leave to report,

That it appears that Elizabeth Thomson was a respected and faithful domestic in the family of the late commander in chief, that her property was destroyed by the fire in New York in 1776, by which calamity at a very advanced age during the greatest part of the war and that through age and casualties she finds herself reduced to extreme poverty and distress, therefore,

Resolved , That the Board of treasury pay to Elizabeth Thomson during her life the sum of one hundred dollars annually . (in hand [and] one hundred dollars annually in quarterly payments during her life.) 1

1 This report, in the writing of Rufus King, except the words in parenthesis, which axe in the writing of Charles Thomson, is in the Papers of the Continental Congress , No. 19, VI, folio 37. See ante , February 17.

Unanimously resolved , That the board of treasury pay to Elizabeth Thompson, the sum of one hundred dollars immediately, and one hundred dollars annually, in quarterly payments, during her life. 2

2 On this day, according to Committee Book 190, Mr. R. R. Livingston was nominated by Mr. [John] Beatty as U. S. Minister to the Court of London. The nomination was withdrawn February 24, renewed by Mr. [Walter] Livingston sand again withdrawn.

On the report of a com ee ., consisting of Mr. [John] Beatty, Mr. [Charles] Pinckney and Mr. [David] Howell, to whom was referred a Memorial of James Warren,

Resolved , That the Memorial of Mr. James Warren, be referred to the board of treasury, who are authorised to revise his Account, and to make such an adjustment as shall be consistent with equity , report thereon to Congress. 3

3 This resolution, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 19, VI, folio 165. The words lined out are so in the resolution and are not in the Journal.

0098 86

An Address of the Corporation of the Chamber of Commerce of the State of New York, to the United States in Congress Assembled, having been read;

Resolved , That the Secretary of Congress inform the Corporation of the Chamber of Commerce of the State of New York, “that the United States in Congress Assembled, have received with pleasure the address of so respectable a body of Citizens; that they are duly impressed with a sense of their dispositions to render the sessions of Congress convenient and agreeable; and to assure them that the extension and prosperity of trade shall not cease to be considered as intimately connected with the happiness and prosperity of the United States of America.”

An Address of the Artificers, tradesmen and Mechanics of the City of New York, to the United States in Congress Assembled, having been read,

Resolved , That the secretary of Congress inform “The Artificers, tradesmen and Mechanics of the City of New York,” that their cordial welcome and expressions of Confidence could not fail to be agreeably received by the United States in Congress Assembled; and that while Congress acknowledge the goodness of Divine Providence in concluding the American revolution, they experience additional gratitude in Contemplating the happiness of those who have suffered so severely by the calamities of war. 1

1 This resolution, as the second paragraph to the report of the Committee reporting on the address of the Chamber of Commerce, is in the Papers of the Continental Congress , No. 20, I, folio 210. The address is in No. 43, folio 343.

Also, according to Committee Book No. 190, a petition of William Henry, clerk and steward on board the sloop Hornet , for a settlement of his accounts, was referred to the Secretary in the Marine Office. He reported March 14.

Also, the letters from Charles W. F. Dumas, Nos. 45, 46 and 50, were referred to the Secretary for Foreign Affairs.

Also, according to Committee Book No. 191, a report on the petition of Col. Ely was transferred.

MONDAY, FEBRUARY 21, 1785.

Congress assembled. Present as before.

On the report of a com ee ., consisting of Mr. [Samuel] Hardy, Mr. [Charles] Pinckney, Mr. [Egbert] Benson, Mr. [Hugh] Williamson and Mr. [David] Howell, to whom were referred a Memorial from Francis Carboneaux, and the papers accompanying it,

Resolved , That one or more commissioners be appointed to repair to the Kaskaskies and Illionois settlements.

Ordered , That Thursday next be assigned for the election of one Com[missione]r.

Ordered , That the remainder of the report be committed.

The Delegates for South Carolina, laid before Congress a concurrent resolution of the house of Representatives and Senate, passed the 7 and 8 Feb y ., 1785, Authorizing and continuing the Delegates of that State now in Congress, to act as such until a New election takes place, and a sufficient number of the delegates so to be chosen, shall take their seats in Congress.

[Report of M r . Walter Livingston, M r . Richard Dobbs Spaight and M r . Joseph Gardner On petition of R. Phillips:]

That in consideration of the unavoidable expence to which M r . Phillips, Steward to the household of his Excellency the President of Congress has been exposed by several removals of Congress, he be allowed the Sum of dollars and that he be credited with the said Sum in the Settlement of his accounts. 1

1 This report, in the writing of Walter Livingston, is in the Papers of the Continental Congress , No. 19, V, folio 153. The indorsement states that it was read on this day and “settled by Act 23 March 1787.”

On this day, according to Committee Book 186, the committee of December 1, 1784, which was renewed January 24, on the letter of September 30, 1784, from the Superintendent of Finance regarding the Silas Deane accounts, brought in a report and Committee Book 191 notes that it was transferred.

Also, according to Committee Book No. 191, a report was delivered on the petition of Henry Remsen, Jr., which was acted upon March 22. See ante , February 14.

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[Report of M r . Robert R. Livingston, M r . John Beatty, M r . James Monroe, M r . William Samuel Johnson, M r . Elbridge Gerry, M r . John Henry, M r . Rufus King:]

The Com: to whom was referred a motion of M r . Robert R. Livingston and two motions of M r . [James] Monroe relative to the western posts, together with a letter from Maj r . North, submit the following report:

That no measures having yet been taken by Great Britain for the evacuation of the western posts (as far as your committee have yet been able to learn) it becomes expedient in their opinion for the U. S. to pursue such steps as may tend to the security of their frontier, and facilitate their intercourse with the Indian nations within the same, as well as to promote and protect the navigation of the lakes by their Citizens.

That these objects will in the opinion of your Com: be in a great measure effected by taking posts on the Lakes Erie and Ontario as near as may be to those now occupied by the troops of his Britannick Majesty.

That a competent force for this purpose should be immediately raised and put under the command of a discreet and experienced Officer and that such arrangements should take place in the militia of these States, as will best enable them to give support to these measures if (unhappily) they should be productive of a rupture between the United States and his britannic majesty.

Your com: therefore report the following resolutions:

That 1,500 men be raised for three years in the following proportions—

New Hampshire

Massachusetts

Rhode Island

Connecticut

New York

New Jersey

Pensilvania

Delaware

Maryland

Virginia

N: Cariolina

S: Cariolina

Georgia

That the Secretary in the war office immediately report the necessary arrangements for regimenting and officering them, dividing them into two regiments with a proper proportion of artillery, not being less than men.

That the States be respectively required to furnish their quota of Officers and men and to forward them to such place as the Secretary at War or the Officer that may be appointed to command shall direct.

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That the pay of the privates be Dollars p r . Month exclusive of arms accoutrements and Cloathing; that the pay of the non commission officers bear the same proportion to that of the privates that it has heretofore done in the army of the U. S.

That it be recommended to such of the United States as border upon Canada to impose a duty of five per C t . ad Valorem at the place where they may be landed upon all goods imported from thence.

That it be recommended to the Citizens and Inhabitants of the U: S: to build vessels and to navigate the Lakes without restraint, the U S: engaging to extend to them their support and protection.

That the Ministers appointed to negotiate a treaty of commerce with Great Britain be instructed that it is the wish of Congress that the commercial intercourse to be established between the Subjects of his Britannick Majesty and these States be so regulated as that the U S: and his Britannick Majesty may be left at liberty to lay such restraints as they may respectively deem expedient on the commercial intercourse between these States and the inhabitants of Canada.

On the Letter from Major North, your com: report—

That he be referred to the Secretary in the war office to take order for the cleaning and repairing the arms in the magazines at Springfield and west point, and that he draw on the treasury for the necessary expence.

That if the Secretary in the war office should find it expedient to employ the troops at Albany or in its vicinity or those in Connecticut in this business that they be subject to his order and direction thereon. 1

1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 30, folio 71. The indorsement states that it was read on this day. Committee Book, No. 191, states that it was filed. It was printed, and considered April 7, and referred to Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. R[obert] R. Livingston, Mr. [Rufus] King, Mr. [John] Beatty, Mr. J[ohn] Henry and Mr. [Gunning] Bedford, who reported April 11. A copy of the printed report is in No. 30, folio 397.

On this day, as the indorsement indicates, was read a petition of Anthony Broderick, Matthew Lindsley and John Dod, petitioning for a grant of land in the new state of Washington. On the report of the Committee of the Week it was filed. It is in No. 42, I, folio 342.

On this day, according to Committee Book 190, Isaac Smith was nominated by Mr. [John] Beatty for Commissioner to repair go Kaskaskies and Illinois.

Also, according to Committee Book 191, the committee of January 19, on the letter of January 5, from Joseph Howell respecting the claims of Captain Ayott, brought in a report which was passed verbatim February 24. It is in the Papers of the Continental Congress , No. 19, I, folio 187.

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In the House of Representatives February the 7th, 1785 .

On Motion,

Resolved , That the Delegates of this State now in Congress shall be authorized and continue to act as such until a new Election takes place and a sufficient number of the Delegates so to be chosen shall take their seats in Congress.

Ordered , That the Resolution be sent to the Honorable the Senate for their concurrence.

By order of the House,

John Sandford Dart C H R

In the Senate 8 Feby 1785

Resolved , That this House do concur with the House of Representatives in the above Resolution.

Ordered , That the said Resolution be sent to the House of Representatives

By order of the Senate

Felix Warley Clerk of the Senate .

In the House of Representatives February the 8th 1785

I do Certify that the within Resolutions are just and true, as taken from the Journals of the House of Representatives

By order of the House

John Sandford Dart C H R 1

1 The original is in the Papers of the Continental Congress , South Carolina, Credentials of Delegates . According to the indorsement it was read this day. It was entered in No. 179, Record of Credentials , and not in the Journal.

February 21: The following committees were appointed: Mr. [Joseph P.] Cook, Mr. W. Livingston and Mr. [Zephaniah] Platt, Committee of the Week.

Mr. [James] McHenry, Mr. W. Livingston and Mr. [Pierse] Long, on letter of February 7 from the Secretary in the War Office regarding Peter B. Bruin. This committee was renewed August 8.

Mr. R. R. Livingston, Mr. [James] McHenry, Mr. [David] Howell, Mr. [Jacob] Read and Mr. [James] Monroe, on the report of the committee on the memorial of Francois Carbonneaux, respecting settlers at Kaskaskias and Illinois. A report was delivered March 14.

Mr. R. R. Livingston, Mr. [Jacob] Read, Mr. [James] Monroe, Mr. [Rufus] King and Mr. [John] Beatty, to consider and devise a plan for the general regulation of the militia of these United States, in such manner as to render it most useful and least expensive to the respective States in order to ground thereon a recommendation relative to this object to the several States. The committee was discharged May 16 and the business referred to the Secretary at War.

Mr. [James] Monroe, Mr. [Zephaniah] Platt, Mr. [Jacob] Read, Mr. [Samuel] Hardy and Mr. [Richard Dobbs] Spaight on the letter from the Secretary for Foreign Affairs on the salary of an Under Secretary and books to be purchased for that Office. A report was rendered March 14. This seems to have been a recommitted report. See ante , February 2.

Committee Book, No. 190 .

On this day, according to the indorsement, a report was rendered on a petition of Captain Pierre Ayott. It was passed on February 24, practically verbatim . See that date.

TUESDAY, FEBRUARY 22, 1785.

Congress assembled. Present as yesterday. 1

1 On this day, according to the indorsement, was read a letter of May 15, 1784, from William Wikoff, respecting the claim of John Christian Buhler. It is in the Papers of the Continental Congress , No. 78, XXIV, folio 475.

Also, according to the indorsement, the committee to whom was referred John Jay's letter of February 15 and Stephen Sayre's, of the same date, moved the recommitment of the letters back to the Secretary for Foreign Affairs to investigate the facts and report thereon.

Also, according to Committee Book No. 186, the committee of January 19 on the memorial of George Meade, respecting the brig Hope , was this day discharged and the memorial referred to the committee on the letter from Cyrus Griffin and J. Lowell, which was appointed this day and consisted of Mr. [Jacob] Read, Mr. [Elbridge] Gerry, Mr. [Charles] Pinckney, Mr. [William Samuel] Johnson and Mr. R. R. Livingston. To this committee also was referred the letter of February 15 from the Secretary for Foreign Affairs on the “application of Mr. Prager for a reheating of the cause Darby vs. brig Aertsen .” This committee was renewed March 7.

Also, according to Committee Book No. 191, the committee of December 17, 1784, (Mr. John Bull, Mr. John Beatty and Mr. George Partridge) reported on the memorial of Henry Rutgers, Richard Lush and Jacob John Lansing, dated August 1, 1784, praying for pay for services rendered. The report was adopted, practically verbatim , on June 2. The memorial is in the Papers of the Continental Congress , No. 41, VIII, folio 339.

Also, on this day according to Committee Book No. 190, a letter of February 15 from the Secretary for Foreign Affairs and a letter of the same date from Stephen Sayre were referred to the Secretary for Foreign Affairs to investigate the facts and report. He reported April 7.

WEDNESDAY, FEBRUARY 23, 1785.

Congress assembled. Present as before.

On the report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy, to whom were referred a letter from the Supreme executive of the State of Pensylvania, dated the 20 Dec r .; a letter of 24 Jan y ., from William Denning, Com r . for settling the accounts of the quarter Master's department, and sundry other letters and papers.

Resolved , That one additional commissioner be appointed in each of the states of Pensylvania and Virginia, for liquidating and settling the accounts of individuals against the United States; whose duties, powers and allowance shall be the same as those of the other commissioners, who have been appointed pursuant to the act of the 20th of Feb y . 1782, and who shall not be an inhabitant of the State for which he shal be appointed.

That till the board of treasury are ready to discharge the duties of their Office, the Comptroller shall exercise the power of appointing such additional commissioners in the same manner as the late Superintendant of finance was authorised to do.

That the Commissioners in the states of Virginia and Pensylvania, confine their settlements to such counties or districts as the supreme executives may direct.

Resolved , That the quartermaster general, Commissary of purchases, Commissary of issues, Commissary of forage, and all the late heads of departments or their successors or agents, be required without delay, to forward to the board of treasury or to the Comptroller, a list of their respective deputies who have been duly authorised to issue certificates. That the heads of departments aforesaid, and each of their deputies who have not settled their accounts, and all other persons who have issued certificates of debts due by the United 0105 93 States, loan Office certificates, and certificates of final settlement excepted, be required forthwith to deliver to the board of treasury, or to some Commissioner of accounts in the State where such persons reside, a fair Abstract of all the certificates which they have issued, and they shall specify those certificates for which they have taken receipts as for cash paid, and a copy of those abstracts shall be transmitted by the board of treasury to the several Commissioners of Accounts to whom they may be of use in detecting frauds.

That a copy of these resolutions be published in the gazzettes, or public News papers of the several States, and that if any person or persons so required as aforesaid, shall refuse or neglect, for the space of two Months from such publication, to deliver a full and just Account of the certificates he or they have issued, the board of treasury, or in case it is not at the time Organized, the Comptroller shall take proper steps for causing him or them to be prosecuted according to law.

Resolved , That the Commissioners of Accounts be instructed, to be careful how they admit charges against the United States, on certificates which are not duly supported by the Authority of Congress, and the accounts of the Officers who have issued them.

[Motion of Mr. George Partridge.]

Resolved , That the Act of Congress of the 25 th of August, 1780, ordering “that the half pay of Gen l . officers shall be in proportion to their pay” ought to be considered as extending to the widows and Orphans of such Gen l . Officers as have lost their Lives in the service of the United States. 1

1 This motion, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 21, folio 383. The indorsement gives it this date and states that it was referred to Mr. [George] Partridge, Mr. [David] Howell and Mr. [Hugh] Williamson, who reported February 28,

[Motion of Mr. Elbridge Gerry.]

Resolved , That all persons having unliquidated claims against the U. S. be required within twelve Months from the Date hereof to 0106 94 deliver such claims to the Commissioner in the State where such persons reside who is authorized to settle Accounts against the united States, and any person or persons neglecting or refusing to render their Claims as aforesaid, shall be precluded from any allowance adjustm t . thereof, unless made by special at the Board of Treasury

And whereas it is indispensibly necessary to ascertain the Amount of the fœderal Debt and to provide for a faithful Discharge thereof, And inasmuch as a Delay of the Adjustment of the publick Acc ts . tends greatly to embarrass an Adjustment & the Measure and to encourage Fraud whereby the publick may be unjustly

Resolved , That no longer than twelve Months be allowed the Commissioners in the respective States to adjust the Accounts thereof , whether they respect the States or Individuals thereof, unless a further after which Time said Commissioners be discontinued unless in the opinion of the Legislature of any State the further Continuance in office of the respective Commissioner be necessary 1

1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 26, folios 523 and 533. It was referred, along with Howell's motion of this day, to Mr. Elbridge Gerry, Mr. Hugh Williamson and Mr. Samuel Hardy, who reported February 28.

[Motion of Mr. David Howell.]

Resolved , That the Commissioners of accounts appointed under the resolution of Feb. 27, 1782 be instructed to keep their respective Offices in the place where Congress may hold their Sessions and that no person appointed or who may be appointed a Commissioner of accounts under the resolutions of Feb. 20, or 27, 1782, be permitted to be engaged either directly or indirectly in any trade or commerce whatsoever on pain of forfeiting his Office as Commissioner 2

2 This motion, in the writing of David Howell, is in the Papers of the Continental Congress , No. 26, folio 535. It was offered this day and referred, as was the Gerry motion above, to the same committee.

To this day was assigned the consideration of the report of a Grand Committee on a letter of October 28, 1783, from the Governor of Massachusetts relative to Continental bills of credit and old emissions. Thomson has so indorsed a broadside of the report which is in the Continental Congress broadsides in the Library of Congress.

On this day, according to the indorsement, the memorial of George Turner, praying for restoration of his rank in the Army, was negatived. It had been read December 8, 1784, and referred to Mr. [Jacob] Read, Mr. [William] Houstoun and Mr. [John] Bull, who reported February 16.

0107 95

The Committee Consisting of M r . [Jacob] Read, M r . [Hugh] Williamson, and M r . [Samuel] Holten to whom was referred the Memorial and Petition of Henry Laurens Esq r . in behalf of Francis Eleanor Laurens, the orphan Daughter of John Laurens, Esquire deceased late a Lieut t . Colonel in the army of the United States and some time Commissioned by Congress Special Minister to the Court of France.

Beg leave to submit the following report,

Your Committee find that the Said L t . Col o . John Laurens deceased some time in the Month of August, 1777, entered as a Volunteer in the Service of the United States and acted as an Aid de Camp Extra to His Excellency Gen l . Washington.

That shortly after the Battle of Brandywine in September, 1777, he was given in public orders as an Aid de Camp to the Commander in Chief with the rank of Lieut t . Colonel.

That the said Lieu t . Col o . John Laurens Continued to Act in the Army, and so far gained the Attention of Congress that unsolicited by him Congress on the 5 th . Nov r ., 1778, Resolved , “That John Laurens, Esq r ., Aid de Camp to General Washington, be presented with a Continental Commission of Lieutenant Colonel in testimony of the Sense which Congress entertain of his Patriotic and Spirited Services as a Volunteer in the American Army, and of his brave Conduct in several actions, particularly in that of Rhode Island on the 29 th . of August last: and that General Washington be directed whenever an Opportunity should offer to give Lieu t . Colonel Laurens Command agreeable to his rank,” which promotion and Commission he refused for the reasons set forth in his Letter contained in the Journals of Congress of the 6 th . November, 1778, and obtained on the day last Mentioned the high approbation of that Honourable Body the United States in Congress assembled for his disinterested and Patriotic principles Manifested on that occasion.

That on the 29 th March, 1779, a Commission of Lieut t . Colonel was granted to the said John Laurens, who had till that period acted only as an Aid de Camp to the Commander in Chief.

That in December, 1780, the said L t . Col o . Laurens was Unanimously elected by the United States in Congress Assembled Special Minister to the Court of Versailles, and in obedience to the Instructions of Congress he without delay proceeded to France, accomplished the duties of his Mission and returned to America in August, 1781.

That on the 5 th . day of September, 1781, Congress Resolved , “That the Conduct of L t . Col o . Laurens in his Mission to the Court of Versailles, 0108 96 as Special Minister of the United States, is highly Agreeable to Congress and entitles him to public Approbation”; and at the same tame at his request granted him leave to join the Army.

That the S d . L t . Col o . Laurens immediately repaired to his post of duty, was present and eminently Serviceable at the Seige and reduction of the British Army under the Command of Lieut t . Gen l . the Earl Cornwallis at York Town in Virginia in October, 1781, where he Acted as the Commissioner from his Excellency the Commander in Chief for setling the terms of Capitulation with the British General.

That the said Lieu t . Col o . John Laurens afterward joined the Army under Major General Greene in South Carolina, where he was particularly Active, had the Command of the light Troops and Advanced Corps of the Southern Army, and finally fell in bravely endeavoring with a small force to repel a Considerable detachment of the British Army, who were foraging on the River Combahee in the State of South Carolina on the 27 th . August, 1782.

Your Committee are informed and believe that the said L t . Co lo . John Laurens never received any part of his pay as Lieut t . Co l . nor any Sallary or Allowance under his Commission of Special Minister excepting Certain sums which Appear Charged to his Account in the Treasurer's Books, Viz t . 8400 Livres paid him by Mons r . Grand in Paris by Orders from Doct r . Benjamin Franklin in the Spring of 1781, and 720 Spanish Dollars paid to him the 8 th . Sept r . 1781, By an order from the Honourable Robert Morris Esq r . Superintendant of Finance, Amounting in the whole to about £520 Sterling. That there is good ground to suppose these Sums were expended in defraying part of the Charges, which the deceased had incurred in the Active and expensive Service in which he had been employed in France, and on his return from thence by the way of Boston. Because it further appears, that for paying some part of his Expenses in France the deceased took up a Considerable sum of Money on the Credit of his Father the Hon ble Henry Laurens Esquire.

That although it does not appear whether the said L t . Col o . Jn o . Laurens intended to demand either pay or Sallary from the United States, no Minutes or documents of Charge having as yet been found Among his papers or Come to the hands of the Honourable Henry Laurens his Father:

Yet your Committee are of opinion that as the deceased gallant and Meritorious Officer has left an orphan Daughter, the United 0109 97 States should Consider themselves as bound to pay to the legal representative of the Said L t . Co l . John Laurens for his Child's use, all such sums as were in equity and justice due the Father.

Your Committee therefore recommend that it be Resolved —

That the Accounts of the late Lieut t . Col o . John Laurens be settled according to the rank he held in the Army of the United States to the time of his death.

That it be recommended to the State of South Carolina to allow the half pay of a Lieut t . Col o . to the Orphan Child of the late Lieut t . Colonel Laurens for the Term of Seven Years, and pass the same to the Account of the United States according to the Act of the 24 th . August, 1780.

That in settling the Accounts of the late Lieut t . Col o . Laurens as Special Minister to the Court of Versailles he be Allowed the same pay that was given at that period to the Ministers of the United States at foreign Courts from the time of his appointment to that Embassy until his return and that the Ballance remaining due for his Services as Minister be paid to his representatives. 1

1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 19, III, folios 471–475. It was acted on March 1.

The com ee . consisting of M r . [James] Monroe, M r . [Samuel] Hardy and M r . [Samuel] Holten to whom were referred the instructions from the State of Virginia to their delegates in Congress, dated 30 and 31 Dec r ., 1784, report as their Opinion:

Whereas it appears that the liquidation, and settlement of the Accounts between the U. S. and the State of Virginia and the inhabitants thereof is stopped by the resignation of M r . Turner the Com r . appointed pursuant to the act of the 20 feb y . 1782, And the Com rs . appointed to Constitute the board of treasury, are not yet ready to proceed in the execution of the duties of their Office.

[ Resolved , That Andrew Dunscomb be and he A. D. who was heretofore nominated by the late Superintendant and who has been since Approved by the State] be and he is hereby considered the Commissioner to settle the Accounts between the U. S. and the State of Virginia and the inhabitants thereof and that his duties, powers and allowance be the same as those of the other Com rs . appointed under Act of feb y . 1782. That the Comptroller notify the said A. D. of his Appointment and furnish him with a copy of the instructions 0110 98 given to the other com rs . and the several Acts and resolutions of Congress for his government, and direct him to proceed in the business with all suitable dispatch. 1

1 This report, in the writing of Charles Thomson, except the part in brackets, which is in the writing of Samuel Holten, is in the Papers of the Continental Congress , No. 20, II, folio 315. It was passed March 10.

THURSDAY, FEBRUARY 24, 1785.

Congress assembled. Present as before.

Congress proceeded to the election of a Minister plenipotentiary, to represent the United States of America at the court of Great Britain; and, the ballots being taken, the hon ble . John Adams was elected, having been previously nominated by Mr. [David] Howell. 2

2 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

On the report of a committee, consisting of Mr. [William] Ellery, Mr. [Elbridge] Gerry and Mr. [William] Houstoun, to whom was referred a Memorial of Jedediah Leeds and Cy.

Resolved , That the treasurer of the United States be directed to pay to Jedediah Leeds and Cy. or their order, to the amount of five thousand and sixty three livres, six sols and eleven deniers, hispaniola currency, upon their giving to Capt. Barry a full discharge from the judgment obtained against him by the said Jedediah Leeds and Co y . at a superior court held at New London, in the State of Connecticut, on the fourth tuesday of Sept r ., 1784, and that the president issue his warrant accordingly. 3

3 See ante , January 18.

On this day, according to Committee Book 190, the nomination of Mr. R. R. Livingston as Minister to the Court of London was withdrawn. It was renewed by Mr. W[alter] Livingston and again withdrawn,

On the report of a committee, consisting of Mr. [George] Patridge, Mr. [John] Bull and Mr. [Samuel] Hardy, to whom was referred a petition of capt. Pierre Ayott, with sundry papers accompanying the same,

0111 99

Resolved , That the paymaster gen l . commissioner for settling the accounts of the Army be, and he is hereby directed, in settling the Accounts of capt. Pierre Ayott, to admit to his credit the pay of a captain, during the term of his serving as such in the army of the United States, or of his being held in a state of captivity, any want of form in his Commission notwithstanding: and that the president be requested to draw a warrant in his favour, on the treasurer of the United States, for three hundred dollars, to enable him to leave this city, and to return to Canada, which sum shall be deducted from the balance which may appear to be due to him on a settlement of his accounts. 1

1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 19, I, folio 187. The words lined out so appear in the report and not in the Journal.

On this day, according to the indorsement, was read Philemon Dickinson's letter, of February 18, of acceptance as a commissioner for the federal buildings. It is in the Papers of the Continental Congress , No. 78, VIII, folio 105.

The following memorandum, in the writing of David Howell, is in No. 81, I, folio 47. The formal demand for the delivery of Longchamps seems to have been made February 11:

“The Secretary for Foreign Affairs is requested to inform Congress when the Minister of France or Chargé des Affaires of France first made a demand that the person in question should be delivered up to his M. C. Majesty, to whom the demand was made, how often and to whom at what times and to whom the same may have been repeated previous to the present formal application to Congress?”

On motion of Mr. [David] Howell, seconded by Mr. [ Samuel] Hardy,

Resolved , That Monday next be assigned for the election of a secretary to the legation to the court of London. 2

2 This motion was also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [Hugh] Williamson and Mr. [John] Vining, to whom was referred a Memorial of William Finnie, late deputy quarter Master general in the southern department,

The Committee consisting of M r . [Samuel] Hardy, M r . [Hugh] Williamson and M r . [John] Vining to whom was referred the Memorial LC 0112 100 of William Finnie late deputy Quarter Master General in the Southern department beg leave to submit the following report, That it appears to your Committee that the said Finnie had a draft from the United States on the state of Virginia for five million three hundred and forty six thousand four hundred and thirty eight dollars, and 15/90. That he received from the treasury of Virginia the sum of two million four hundred thousand dollars. That under an expectation of receiving the remainder of the draft it appears that he entered into various Contracts in the line of his department, and among others with a certain Robert Gilbert of the City of Williamsburg for a number of boots to enable Col o . White's and Baylor's dragoons to join the Southern army; and which the said Gilbert refused to furnish unless the said Finnie would assume the payment for the same in his private Capacity. That the said Gilbert hath since commenced a Suit against the said Finnie, on his private Assumpsit and recovered judgement against him in the Court of Hustings in the City of Williamsburg for one hundred and ninety seven pounds specie. That the said Finnie preferred a Memorial to the Legislature of Virginia praying to be relieved against the said judgement And that a Committee of the said Legislature of Virginia, consisting of M r . Tazwell, M r . Carrington and M r . Maddison reported the Memorial reasonable, and directed the judgement and Costs to be discharged from the treasury of that Commonwealth, but which report was disagreed to by the House because the state of Virginia could receive no Credit for such an Advance in the Annual requisition from Congress without an order of Congress authorizing the same. Whereuppon your Committee came to the following resolution.

Resolved , That it be, and it is hereby recommended to the state of Virginia, to advance to William Finnie, late deputy quarter Master general, the sum of one hundred and ninety-seven pounds together with such further sum as shall reimburse him the cost six hundred and fifty six dollars and two thirds of a dollar, the amount of a Judgment obtained against him by Robert Gilbert, for boots furnished col o . White's and Baylor's dragoons, together with the legal costs of the said suit and judgment; and that the same be credited to the State of Virginia, in the requisitions of Congress for the Year 1785.

LC

0113 101

Resolved , That the commissioners of the treasury, give Order for the settlement of the accounts of the said William Finnie, by the proper Commissioner, and take Order for the payment of what may be found due to him, or such part thereof as the state of the finances will admit, without giving him any undue preference to other creditors. 1

1 The report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 19, H, folio 271. It was read in Congress December 17, 1784. The words lined out are in the report and do not so appear on the Journal.

On the report of a committee, consisting of Mr. [David] Howell, Mr. [Jacob] Read and Mr. [James] McHenry, to whom was referred a Memorial of capt. Paschke,

Resolved , That the settlement of captain Paschke's accounts, made at the treasury on the 1 Sept r ., 1783, be revised; and that in settlement he be not charged with the sums of Money granted to him in the resolution of May 16, 1780.

On Motion of Mr. [Jacob] Read, seconded by Mr. [Samuel] Hardy,

Resolved , by nine states, That in consideration of the zeal evidenced on many Occasions, for the service of the United States, by captain Paschke, the board of treasury do pay to him the sum of one hundred dollars, to enable him to return to his native country. 2

2 On this day, as the indorsement states, was read a letter of Richard Butler on prevention of settlement on west side of the Ohio River. It is in No. 56, folio 145.

Also, a letter of February 18 from Robert Morris accepting appointment as Commissioner for federal buildings. It is in No. 137, appendix, folio 379.

FRIDAY, FEBRUARY 25, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Maryland, Virginia, North Carolina and South Carolina; and from the State of Pensylvania, Mr. [Joseph] Gardner, and from Georgia, Mr. [William] Houstoun.

The report of a committee, consisting of Mr. [Hugh] Williamson, Mr. [Samuel] Hardy and Mr. [Jacob] Read, to whom 0114 102 had been referred a Motion of Mr. [Hugh] Williamson, being called for, and read as follows:

“That the Secretary in the War office be instructed to discharge such of the troops raised in pursuance of the Act of Congress of the 3 d . of June last, as are not in actual service.” 1

1 On this day, according to Committee Book No. 191, the Secretary for Foreign Affairs reported on the application of John M. Pintard for leave of absence to come to America. It was acted on July 14. It is in No. 80, I, folio 49.

The Committee of the Week [Mr. Joseph P. Cook, Mr. Walter Livingston and Mr. Zephaniah Platt] report, that the Petition of Anthony Broderick, Matthew Lindsey and John Dod; praying for lands in the state of Washington lay on the files. 2

2 This report is in the Papers of the Continental Congress , No. 32, folio 593. It is undated, but belongs to this period. The petition from Broderick and others in behalf of certain inhabitants of New Jersey and Connecticut is in No. 42, I, iolio 342.

On the question to agree to the said report, the yeas and nays being called for by Mr. [Hugh] Williamson,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, ay Holton, ay ay Patridge, ay King, no Rhode Island, Mr. Ellery, no div. Howell, ay Connecticut, Mr. Cook, no no Johnson, no New York, Mr. R. R. Livingston no W. Livingston, ay ay Platt, ay New Jersey, Mr. Cadwallader, ay div. Stewart, no Pennsylvania, Mr. Gardner, ay * Maryland, Mr. McHenry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, no ay Lee, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Read, no Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So the question was lost.

0115 103

[Motion of M r . James Monroe.]

Resolved , That agreeably to the condition of the act of cession from the State of Virg a . a commiss r . be appointed, who jointly with the com r . on the part of s d . State, shall be authoriz'd to appoint a third, and that they or a majority of them, shall be empowered to adjust and liquidate the acc ts . of s d . State agn st . the U. S. for the necessary and reasonable expences incurred by that State for subduing any British posts or maintaining any forts or garrisons within, and for the defence or in acquiring any part of the territory ceded by s d . State to the U. S. agreeably to s d . act of cession That the advances of s d . State for the above purposes when liquidated as above and adjusted be deducted out of the requisition for the year 1785 1

1 This motion, in the writing of James Monroe, is in the Papers of the Continental Congress , No. 19, I, folio 487. See post , February 28

The Committee consisting of M r . [David] Howell, M r . [James] Monroe, M r . [Charles] Pinckney, M r . R[obert] R. Livingston and M r . [Joseph] Gardner, appointed to revise the institution of the Office of the Secretary of Congress and to report such alterations as they may judge necessary—beg leave to report the following draft of an Ordinance:

An Ordinance for the regulation of the Office of Secretary of Congress and for extending it to the Home Department.

Be it Ordained by the United States in Congress Assembled, that the Secretary of Congress who shall in future be charged with the business of the home department , the following duties and shall keep his Office in or near the State House or building where the Sessions of Congress shall be holden.

He shall carefully preserve the Journals of Congress and all other Papers Committed to his charge, and such as are secret in their nature, or by special Order, shall not be communicated by him to any Person except Members of Congress and such Persons as may be entitled thereto by special resolutions.

He shall not deliver any original Journal out of his office nor shall he deliver any original Letter or Paper out of his Office without an order of Congress and a receipt therefor.

He shall deliver attested Copies of any resolutions of Congress, or public Papers in his Office not secret in their nature, or by Special Order to any Members of Congress, who may require the same in writing.

0116 104

He shall transmit to the Board of Treasury Secretary for Foreign Affairs, to the Secretary for the War Department, to the Secretary of Marine, to the Commissioners of the Board of Treasury and to the Postmaster General all papers referred to them by Congress respectively, as well as an authenticated Copy of all Acts, Ordinances and resolutions of Congress touching their respective Departments.

He shall keep a daily account of all Memorials, Petitions and Communications received by Congress, noting therein their object and the steps taken respecting them, and lay the said Account, or register every day on the Table in Congress for the inspection of the Members.

He shall return such answers as Congress shall direct to be given to the Memorials, Petitions, and communications, except where Congress shall judge it proper that the same be given by their President, or where it shall be the duty of any of the Executive Departments to return such answer.

He shall transmit to the several States all Acts, Ordinances, resolutions and recommendations of Congress attend to the execution of them correspond with the States for the purpose of receiving communications from them touching relative to the execution of the same, and make report thereof to Congress, keeping a Book in which shall be entered copies of all such Letters and Communications.

He shall attend Congress during their session, and in their recess the Committee of the States, either in Person or by his Deputy, read the public dispatches, Acts, Ordinances and reports of Committees and make the proper Entries on the Journals.

He shall authenticate all Acts and proceedings of Congress not specially directed to be authenticated by their President, and keep a Register of all Treaties, Conventions, Ordinances and permanent Acts of Congress.

He shall cause to be made and laid upon the Table for every State represented in Congress, and for every Member appearing for any State unrepresented, a Copy of every Ordinance or report upon a matter of importance and not of a secret Nature, for the consideration of which a day is assigned.

He shall keep the Great Seal of the Federal Union and cause the same to be affixed, to every Act, Ordinance, or Paper Congress shall direct. He shall superintend the printing of the Journals, and other Publications ordered by Congress,

0117 105

He shall keep a Book in which shall be noted in Columns the names of the several Members of Congress, the State which they represent, the date of their Appointment, and the term for which they are appointed.

Be it also Ordained, that the salary of the Secretary of Congress and for the Home department shall be dollars per annum. That a Deputy Secretary in his Office shall be appointed by Congress, and allowed a Salary of Dollars per annum. That he be also be authorised to appoint an Under Secretary in his Office who shall be allowed a Salary of dollar per annum, and such a number of Clerks as Congress may from time to time direct, each with an allowance of dollars, per annum.

That as well the Secretary of Congress and for the home Department , as the Deputy Secretary and Under Secretary Clerks previous to their entering on the duties of their respective Appointments shall take and subscribe the Oaths or Affirmation of fidelity and of Office prescribed in an Ordinance passed on the 27 th . day of Jan y . 1785 which Oaths shall be taken by the said Secretary before the President of Congress. And that all former resolutions for regulating the duties of the Office of the Secretary of Congress be and they are hereby repealed. 1

1 This report, in the writing of Benjamin Bankson, is in the Papers of the Continental Congress , No. 31, folio 275. The indorsement states that it was read on this day and Friday, March 4, assigned for consideration. See post , March 18 and March 31.

The Committee of the Week [Mr. Joseph P. Cook, Mr. Walter Livingston and Mr. Zephaniah Platt] report that a memorial purporting to be the petition of Samuel Warren, but without signature, lay on the files. 2

2 This report is in the Papers of the Continental Congress , No. 32, folio 591. It is undated but Samuel Warren's petition praying for reimbursement for losses from an unpaid note of Benedict Arnold was read February 25. It is in No. 42, VIII, folio 314.

February 25: The following committees were appointed:

Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [Elbridge] Gerry, on letter from George Clinton, February 23, asking for reimbursement for advances made in 1776 and 1777. A report was rendered March 7.

Mr. [Rufus] King, Mr. [George] Partridge and Mr. [Archibald] Stewart, on the petition of Joanna Young, for half-pay. Mr. [William] Houstoun was added to this committee March 14 and a report was rendered March 22. Mrs. Young's petition is in the Papers of the Continental Congress , No. 42, VIII, folio 467.

Mr. [David] Howell, Mr. [Richard Dobbs] Spaight and Mr. R. R. Livingston, on the report on letter from Arthur Lee, March 10, 1784, asking compensation for services as corresponding agent. See post , March 1.

Mr. [Elbridge] Gerry, Mr. [Rufus] King and Mr. [John] Beatty, on the motion of Mr. [James] Monroe, for appointing the commissioners to settle the accounts of Virginia for expences in occupying and defending the western territory ceded by Virginia to the United States. A report was rendered February 28.

MONDAY, FEBRUARY 28, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Connecticut, Mr. [Joseph Platt] Cook, and from Georgia, Mr. [William] Houstoun.

On the report of a com ee . consisting of Mr. [George] Partridge, Mr. [David] Howell and Mr. [Hugh] Williamson, to whom was referred a Motion relative to the half-pay for seven years, to which the widows of Officers who have died in the service are entitled,

Resolved , by Nine States, That the act of Congress of the 25 August, 1780, on the half pay of general Officers, ought to refer, and the same is hereby declared to refer, as well to the resolution of the next preceding day relative to the same subject, as to that of the 15 of May, 1778. 1

1 On this day, as the indorsement states, was read a petition of Stacy Potts, praying appointment as Register of the new state to be formed on the Ohio River. It is in the Papers of the Continental Congress , No. 42, VI, folio 298. See post , March 4.

Also, on this day, according to Committee Book No. 190, Mr. Henry Marchant was nominated by Mr. [William] Ellery as Commissioner to repair to Kaskaskies and the Illinois, and Col. William S. Smith was nominated by Mr. [James] McHenry.

The Comm ee . to whom was referred a Motion made in Congress relative to half pay for seven years &c. report.

Your Comm ee . find that on the 15 th . of May, 1778, Congress passed the following resolution, viz., that all military Officers commissioned by Congress who now are or hereafter may be in the service of the 0119 107 United States and shall continue therein during the war and not hold any office of profit under these states or any of them shall after the conclusion of the War be entitled to receive annually for the term of seven years if they live so long one half of the present pay of such Officers, provided that no Gen l . Officer of the Cavalry, infantry or artillery shall be entitled to receive more, than one half part of the pay of a Col o . of such corps respectively; and provided that this resolution shall not extend to any Officers in the U. States unless he shall take the oath of allegience to, and shall actually reside within some one of the U. States—That on the 24 th . of Aug t ., 1780, Congress passed the following act viz. That the Resolution of the 15 th . of May, 1778, granting half pay for seven years to the Officers of the Army who should continue in the service to the end of the war be extended to the Widows of those Officers Who have dyed or shall hereafter dye in the service to commence from the time of such Officer's Death and continue for the term of seven years, or if there be no widow, or in case of her intermarraige, the half pay to be given to the Orphun Children of the Officer dying as aforesaid, if he shall have left any, and that it be recommended to the Legislatures of the respective states to which Officers belong to make provision for the paying the same on Account of the United States.

Your Comm ee . also find that on the next Day viz. on the 25 th . of Aug t ., 1780, Congress passed a Resolution in the words following viz. Resolved , that the half pay of General Officers be in proportion to their pay

Whereupon your Comm ee . submit the following Resolution. 1

1 This report, in the writing of George Partridge, is in the Papers of the Continental Congress , No. 21, II, folio 373. According to the indorsement it was entered, read, and passed this day,

The Committee consisting of Mr. [Elbridge] Gerry, Mr. [Hugh] Williamson and Mr. [Samuel] Hardy to whom was referred a motion of Mr. Gerry and a Motion of Mr. [David] Howell submit the following resolves:

Whereas it must conduce to the preservation of public Credit and the equal distribution of Justice that the amount of the national Debt be ascertain'd with the utmost expedition And as delay in the settlement of Accounts tends to render them obscure and to encourage Frauds by preventing the means of detecting them, resolved

That all Persons having unliquidated claims against the U. S. be required within 12 months from the date hereof to deliver such Claims 0120 108 to some Commissioner in the State in which they respectively reside who is authorized to settle accounts against the U. S; and any Person or Persons neglecting refusing to deliver their Claims as afforesaid shall be precluded from any adjustment of the same except at the Board of Treasury.

Resolved that all Persons who shall neglect to deliver in their Claims as aforesaid to the Commissioner of Accounts within one Year or to the Board of Treasury within two Years from the date hereof shall be excluded from the Benefit of settlement or allowance.

Resolved that the Commissioners of Acco ts . appointed under the Resolutions of 27th Feb y . 1782 be instructed to remove their respective Offices to the Place in which Congress resides before the first of May next unless such of them as by special Order of Congress have been appointed to settle Accounts in some other Place. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 26, folio 527. According to the indorsement, it was read this day and Thursday March 17 assigned for consideration. It was so considered and passed that day. A rough draft by Williamson, with changes by Gerry, is on folio 519. A printed copy with ms. alterations to the final, adopted form is on folio 515.

The Committee [Mr. Hugh Williamson, Mr. Elbridge Gerry and Mr. Joseph Gardner] to whom were referred a motion of M r . [Hugh] Williamson and a motion of M r . [David] Howell respecting News Papers submit the following Resolves.

That Congress be supply'd with three Copies of such News Paper from each state, as may be published by the Printer for the State, or by such other Printer as the Delegates from the state may recommend, which Papers shall be filed in the Office of the Secretary and in the Committee Rooms in such manner that they may be preserved and ready for occasional Inspection.

That Congress be supply'd every day on which a News Paper is published in the Place of their Residence with a Copy for each Member and three Copies to be filed of such Paper as may be recommended by the Delegates from the State.

That the Instructions given the Sec y . on the 2 Dec r . 1784, respecting News Papers be repealed. Ordered, That the foregoing report be referred to the Secretary of Congress to take Order. 2

2 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 23, folio 217; the order is entered in Resolve Book No. 123, p. 1.

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[Report of the Committee on the administration of the Department of the Post Office.]

The Committee consisting of M r . [Hugh] Williamson, M r . [Jacob] Read, M r . [Elbridge] Gerry, M r . [Rufus] King, and M r . W[illiam] Livingston who were appointed pursuant to the Act of June 17 th ., 1782, to enquire into the Proceedings of the Department of the Post Office beg leave to Report,

That it appears by a Letter from the Post Master Gen l ., that after defraying the Expences of the Post Office during the last Year there was a Balance remaining in favour of the Office of 1,981 Dlrs. which has been paid into the Treasury of the U. S. which Payment completes 5,878 Dollars, that have lately been paid in Discharge of Debts contracted during the War by the Post Office.

Your Committee nevertheless think it their duty to report that they have heard many Complaints of the want of Expedition in the Postage of Letters and they have observed some Instances of very exceptionable Delay. Your Committee have also heard Complaints that sufficient Regard is not had to the Safety of Letters and Packets which are committed to the Post Office and they apprehend that those Complaints which are very frequent may have some Foundation, Wherefore they submit,

That a Committee be appointed to prepare an additional Ordinance for the better regulating of the Post Office. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 61, folio 529. The indorsement states that it was read on this day and passed.

February 28: The following committees were appointed:

Of the Week Mr. [Abiel] Foster, Mr. [Archibald] Stewart and Mr. [William] Hindman.

Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [David] Howell, on the memorial of Dr. John Morgan for payment of the balance due him. A report was rendered April 1. Morgan's memorial is in No. 41, VI, folio 385.

Mr. [Zephaniah] Platt, Mr. [Hugh] Williamson, Mr. R. R. Livingston, Mr. [Lambert] Cadwallader and Mr. [Samuel] Hardy, on the memorial of the Contractors for the Moving Army, 1782, on the failure of contract on the part of the U. S. and praying to settle the matter by arbitration. A report was rendered and the committee renewed April 5.

Mr. [Pierse] Long, Mr. [George] Gardner and Mr. [Samuel] Hardy, on the memorial of Jotham Blanchard, who is being sued for contracts made to supply the army in 1779, and a petition of Robert Patton for compensation for services. A report was rendered on Blanchard's memorial March 4 and on Patton's March 28.

Mr. [Samuel] Hardy, Mr. [Elbridge] Gerry, Mr. [Hugh] Williamson, Mr. [Jacob] Read and Mr. [William] Houstoun, to prepare an additional ordinance for the better regulating of the post office. This committee was renewed March 14.

Committee Book No. 190 .

Also on this day “all the letters and papers this day received from Ministers at Paris, Dumas and Branmuller” were referred to the Secretary for Foreign Affairs. See post , May 11.

On this day, also, according to the indorsement, a report was rendered by the committee of February 25, on the motion of Mr. [James] Monroe, of that date. It is in No. 30, folio 571. It was read this day and Monday next assigned for electing the commissioner. The report was passed, verbatim , April 13,

TUESDAY, MARCH 1, 1785.

Congress assembled. Present as yesterday.

A motion being before the house, That the Salary of the Secretary for the war department shall be 3000 dollars per Annum.

On the question to agree to this, the yeas and nays being required by Mr. [Charles] Pinckney,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Gerry, ay Holten, no ay King, ay Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no * New York, Mr. W. Livingston, ay ay Platt, ay New Jersey, Mr. Cadwallader, ay div. Stewart, no Pennsylvania, Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, ay ay Lee, ay North Carolina, Mr. Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Read, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay *

So the question was lost.

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It was then moved, that the Salary of the Secretary at war be two thousand five hundred dollars per Annum.

On the question to agree to this, the yeas and nays being required by Mr. [Samuel] Holten,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Gerry, ay Holten, ay ay King, ay Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, ay * New York, Mr. W. Livingston, ay ay Platt, ay New Jersey, Mr. Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay Henry, ay ay Maryland, Mr. McHenry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, ay ay Lee, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Read, ay div Pinckney, no Georgia, Mr. Houstoun, ay *

So the question was lost.

Congress proceeded to the election of a Secretary to the legation to the court of Great Britain, and, the ballots being taken, Col. William Smith was elected, having been previously nominated by Mr. [James] McHenry. 1

1 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs: and in Secret Journal No. 4, A copy is in Secret Journal No, 6, Vol. III.

On the report of a com ee ., consisting of Mr. [Jacob] Read, Mr. [Hugh] Williamson and Mr. [Samuel] Holten, to whom was referred a Memorial and petition of Henry Laurens, Esq r . in behalf of Frances Eleanor Laurens, the orphan daughter of John Laurens, esq r . deceased, late a lieut: col. in the army of the United States, and sometime since commissioned by Congress special Minister to the Court of France;

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Resolved , That the accounts of the late lieut. colonel John Laurens, be settled according to the rank he held in the army of the United States, to the time of his death.

Resolved , That it be, and it hereby is recommended to the State of South Carolina, to allow the half pay of a lieut. col., to the orphan child of the late lieut: colonel J. Laurens, for the term of seven years, and pass the same to the account of the United States, according to the act of the 24 August, 1780.

Resolved , That in settling the accounts of the late lieut. col. J. Laurens, as special Minister to the court of Versailles, he be allowed the same pay that was given at that period to the Ministers plenipotentiary of the United States at foreign courts, from the time of his appointment to that Embassy, until his return, and that the balance remaining due for his services as Minister, be paid to his representatives. 1

1 On this day, according to Committee Book No. 190, Col. William S. Smith was elected a commissioner to repair to Kaskaskies and Illinois. See ante , February 28.

On this day, as the indorsement states, was read a memorial of Thomas Wylie and John Jordan and referred to the Commissioners for settling the accounts of the army to report. On August 9, 1785, the report of the commissioners was referred to Mr. [William] Grayson, Mr. [Samuel] Hardy and Mr. [Elbridge] Gerry. The memorial is in No. 41, X, folio 669. Committee Book No. 190 shows that the report of the committee was filed.

Also a petition of Ephraim Darby, for appointment as surveyor, which is in No, 42, II, folio 317,

The Committee [consisting of Mr. David Howell, Mr. Richard Dobbs Spaight and Mr. R. R. Livingston] to whom was recommitted a report on a Letter from Mr r . Arthur Lee dated March 10, 1784, requesting compensation for his services and expences, as corresponding Agent in London, beg leave to submit the following report.

Your Committee find that M r Arthur Lee being Agent for one or more of the Colonies at the Court of G. Britain, the Congress held in the year 1774 employed him with the other Colony Agents to transact their affairs in England and to transmit intelligence of the conduct and designs of the British Ministry and parliament. That about Nov., 1775, he was by a Committee of Congress for Foreign Correspondence appointed a corresponding Agent in London, that he faithfully executed that trust, and from time to time, both before and after that appointment gave early and authentic accounts of the designs and plans of the British Administration against these States, 0125 113 at considerable risque of his personal safety, and rendered them other essential Services well known to those who were then of the Secret Committee in Congress. That he continued in that office until he was appointed by Congress one of the Ministers of the U. States at the Court of France in October, 1776. That the said Committee engaged to make him compensation for his services and expenses and advanced to him two hundred pounds Sterling on that account, and that he has exhibited to your Committee an account of extra expenses amounting to one hundred and forty-five pounds Sterling, £145..0..0 Stg. which your Committee are of opinion should be allowed, and that he be allowed for his services and ordinary expenses as corresponding Agent from Nov., 1775, to Oct o . 1776, the Sum of and that deducting the Sum of two hundred pounds paid by the Committee there remains due to Mr Lee the Sum of

Whereupon your Committee recommend to Congress the following resolution,

Resolved , That the Hon. Arthur Lee Esquire be allowed the Sum of £445 Sterling in addition to the Sum of two hundred pounds Sterling which he received of the Committee of Foreign correspondence in full compensation for his services and expences as corresponding Agent in London for the U. States previous to his appointment as one of their commissioners at the Court of Versailles in October, 1776. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress , No. 19, III, folio 515. According to Committee Book No. 191 it was acted on March 4.

March 1: The following committees were appointed:

Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [Elbridge] Gerry, on a report on a letter from Mr. R. R. Livingston as to money in his hands and expenses in his office. Report was rendered March 7.

Mr. [Elbridge] Gerry, Mr. [James] Monroe and Mr. [Samuel] Hardy, on a motion made this day for transmitting to Loan Officers lists of the final settlements of the army “to detect frauds in the negotiation of the certificates”; and that the Loan Officers pay the interest. Report was rendered March 4.

Mr. [Richard Dobbs] Spaight, Mr. [James] Monroe and Mr. [Rufus] King, on the petition of Col. Silas Talbot for half pay or commutation. Report was rendered March 7. Talbot's petition is in 42, VII, folio 467.

Mr. [Samuel] Hardy, Mr. [Jacob] Read and Mr. R. R. Livingston, on “Motions for adjourning from tuesday to thursday and for assigning particular days to part. subjects.” The committee was discharged August 8.

Committee Book No. 190 .

Also, John Adams' letter of June 22, 1784, respecting a circular letter to the sovereigns of Europe, was this day referred to the Secretary for Foreign Affairs, who reported March 4.

THURSDAY, MARCH 3, 1785.

Only six states attending; namely, New Hampshire, Rhode Island, New York, Maryland, Virginia and North Carolina; and from the State of Pensylvania, Mr. [Joseph] Gardner; and from South Carolina, Mr. [Jacob] Read.

The president adjourned Congress till ten o'clock to-morrow.

FRIDAY, MARCH 4, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Connecticut, Mr. [Joseph Platt] Cook, and from Georgia, Mr. [William] Houstoun.

An Ordinance for ascertaining the Mode of locating and disposing of Lands in the Western territory, was read a first time:

Ordered , That tuesday next be assigned for the second reading of the said Ordinance. 1

1 See Bibliographical Notes for 1785.

The committee consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery, Mr. [James] McHenry, Mr. [David] Howell and Mr. [William Samuel] Johnson to whom was referred the Petition of Mr. Sam l . Parsons submit the following Resolves

That the Comptroller of Accounts in the Treasury be instructed to settle the Accounts of Mr. Samuel Parsons against the U. S. according to the Act of 2nd July, 1782.

That Mr. Parsons be refer'd to the State of South Carolina for the settlement of his Account for such goods as he may have ship'd at the Instance of the Honble John Rutledge Esq r . then Governor, for the Use of that State. 2

2 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, V, folio 21. According to the indorsement it was delivered March 1, read March 5 and passed March 8. Committee Book No. 191, however, records the report as having been made March 4.

On the report of a com ee ., consisting of Mr. [David] Howell, Mr. [Richard Dobbs] Spaight and Mr. R. R. Livingston, to 0127 115 whom was recommitted a report on a letter from Mr. Arthur Lee, dated March 10, 1784, corresponding agent in London,

Resolved , by nine States, That Arthur Lee, esquire be allowed the sum of one thousand nine hundred and seventy seven dollars and seventy ninetieths of a dollar, in addition to the sum of two hundred pounds sterling, which he received of the Committee of Secret Correspondence, in full compensation for his services and expences, as corresponding Agent in London for the United States, previous to his appointment as one of their Commissioners at the court of Versailles, in October, 1776. 1

1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

On the report of a com ee . consisting of Mr. R. R. Livingston, Mr. [James] McHenry, Mr. [David] Howell, Mr. [Jacob] Read and Mr. [James] Monroe, to whom was referred a Memorial of Mr. Carboneaux,

Resolved , (by nine States) That three hundred dollars be advanced to Francois Carbonneaux, Agent for the Inhabitants of the Kaskaskies and St. Vincents, for which sum he is to be accountable; and that the president draw a warrant accordingly.

On Motion of Mr. [Samuel] Hardy, seconded by Mr. [Samuel] Holten,

Resolved , by nine States That in future the salary of the Secretary at War, be twenty four hundred and fifty dollars annually. 2

2 On this day, according to Committee Book No. 191, the report of the Secretary for Foreign Affairs on John Adams' letter of June 22, 1784, was delivered, read and filed. It is in No. 81, I, folio 53.

On the report of a committee consisting Mr. Monroe, Mr. Hardy and Mr. Holten, to whom were referred the instructions from the State of Virginia to their delegates in Congress, dated 30 and 21 Dec r . 1784,

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The Committee consisting of &c. [Mr. Pierse Long, Mr. Joseph Gardner and Mr. Samuel Hardy] to whom was referred the memorial of Jotham Blanchard, Report, That on the final settlement of said Blanchard's Acc ts . a Ballance remains due to him of 2,573 67/90 Dollars, some considerable part of which he represents to have been advanced by him in cash to procure a quantity of salt for which he was obliged to make use of the Credit of one Rob t . Fletcher Esq, who is now sued for the money, and will soon be distressed therefor, unless he the s d . Blanchard can receive the Ballance due to him. They therefore beg leave to submit the following resolution

That when the Board of Treasury shall be formed, they take order for the payment of as much of the Ballance due to Jotham Blanchard as the State of the treasury will admit—without giving him any undue preference to other Creditors. 1

1 This report, in the writing of Pierse Long, is in the Papers of the Continental Congress , No. 19, I, folio 391. According to the indorsement it was read this day and acted on March 7. Blanchard's memorial is in No. 41, I, folio 395.

[Motion—for informing the States respecting Barbary Nations. Referred to M r . Jacob Read, M r . Robert R. Livingston, M r . Lambert Cadwallader.]

That the Secretary do forthwith Communicate to the Executive of the Sev l . States, that Congress ever Mindful of the Safety and Welfare of the Citizens of the U. S. have taken the most Effectual Means in their power to carry into Execution their Instructions of the day of 1783 to their Minister Plenipotentiary in Europe, for immediately speedily forming Treaties of Amity with the Emperor of Morocco, and the Regencies of Algiers, Tunis and Tripoli, and for ascertaining the forms of Sea Letters, passed, and other proper Documents for the free Navigation of the Mediterranean Sea. 2

2 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 36, II, folio 523. The committee reported March 14.

[Motion of Mr. R. R. Livingston.]

That the Secretary for foreign Affairs be directed to transmit to the Gov rs . of the respective States a copy of the instructions given to the Ministers of these States in Europe so far as they relate to forming treaties with the Barbary powers together with the subsequent resolutions 0129 117 resolutions of Congress on that subject without however specifying the sum voted appropriated by Congress for that purpose. 1

1 This motion, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, II, folio 521. It was referred, along with Mr. Jacob Read's motion, to the same committee, and a report on both was rendered March 14.

The Committee consisting of [Mr. Elbridge Gerry, Mr. James Monroe and Mr. Samuel Hardy] to whom was referred a Motion [of March 1] submit the following Report,

To enable the Commissioners of the continental Loan offices in the several States to detect Frauds in the Negotiation of the Certificates issued by the paymaster General, and to pay the Interest of such Certificates agreably to the Appropriations of Congress.

Resolved , That the Board of Treasury or previous to their Meeting, the Comptroller of the Treasury be directed to forthwith transmit from Time to Time to the several Commissioners of the continental Loan offices Lists of all the Certificates issued by John Peirce paymaster General, specifying the Dates, Numbers, Names of persons to whom issued, and Amount of such Certificates respectively, and that on the Receipt of the Lists of such Certificates, or of any part thereof, the Commissioner of the continental Loan office in each State be authorized and directed to pay to the Citizens thereof the Interest due to them to the last Day of the Year 1782 on such Certificates in the Mode which the Legislature of the State may direct pursuant to the Requisition of Congress of the 27 th . of april and a Resolution respecting Facilities of the 28 th . of april, 1784, and to endorse on the back of each Certificate the Time to which the Interest shall have been paid and Amount thereof, provided that the Date, Number, Name and Sum shall correspond with lists to be so transmitted, and provided also that the Holders of the said Certificates respectively, shall receive the Interest due thereon as aforesaid from the continental loan officer of the State in which they reside, although the Debt may not have been contracted in such State upon producing to him a Certificate from any Justice of the peace of the s d . State, that they have taken the foll g . oath or affirmation Viz.

I do solemnly swear or (if a quaker) affirm, that I am the bona fide true real and sole proprietor of the foll g . certificates issued by John Peirce paymaster General (or that I hold them in Trust as Executor or Administrator to late a Citizen of the State of ) 0130 118 (as the case may be) viz t . 1 Certificate dated N o . pay a . to and amounting to &c. 1

1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 26, folio 513. Committee Book No. 190 states that the report was made March 4. The indorsement of the report says that it was read March 5, Wednesday 9 March assigned for consideration and 19 Sept. 1786 filed. Committee Book No. 191 states that it was referred to the Grand Committee.

The Committee consisting of Mr. [Samuel] Hardy, Mr. [William] Houston, Mr. [Jacob] Read, Mr. [Hugh] Williamson and Mr. [Samuel] Holten, to whom was referred the Report of a Committee on the State of Southern Indian Affairs , beg leave to submit the following Report:

That commissioners, with the same pay that is allowed the commissioners for treating with the northern Indians, be immediately appointed to form a treaty or treaties with the Indians in the southern department, for the purpose of making peace with them, receiving them into the favor of the United States, and ascertaining the boundary lines by which the settlements of the citizens of the United States are or ought to be separated and divided from the Indian villages and hunting grounds; and thereby if possible extinguishing animosity, and preventing in future any contention or disquiet.

That the southern department be considered as extending so far north as to include the Cherokees, and so far south as to include all the other nations or tribes of Indians who reside within the limits of the United States, or have been at war with them, or any of them.

1. That the commissioners be instructed as a preliminary, to require that all prisoners of whatever age or sex among the Indians, and all slaves or other fugitives, shall be delivered up.

2. That the Indians be informed that their former ally the king of Great Britain unprovoked, waged a cruel and bloody war against the United States; that he equipped and sent forth powerful fleets upon our coasts to destroy our trade, and great armies amongst us to waste our country; but that after a conflict of eight years, during which two of those armies were defeated and captured, Great Britain has been compelled to relinquish to the United States, by a treaty which was signed on the 3d of September, 1783, all claim to that vast country which is included between St. Croix and St. Mary's rivers, and between the ocean and the great lakes; that is to say, (here describe the bounds according to the 2d article in the treaty of peace.) That 0131 119 the Indians who taking advantage of our troubles, have assisted the British king, and waged war against the frontier inhabitants, are now in our power and at our mercy; that we might return their cruelty on their own heads, but that we prefer clemency to severity, and are perfectly willing to bury in perpetual oblivion, all remembrance of past injuries, and to consider them as friends and allies; that we assuredly shall not violate our promises to them, or suffer others to molest them with impunity.

3. That the commissioners be instructed to enquire what are the true limits of the lands which have been purchased at different times from the Indians in the southern states, by persons having lawful authority to make such purchases; and when the limits are described and agreed on to the satisfaction of the commissioners, measures shall be taken for running a line of division where there is not any natural boundary, in order to prevent mistakes or the plea of ignorance.

4. That the commissioners, previous to their holding any treaty, shall give due notice of the time and place where it is to be held, to the supreme executives of the four southern states, in order that they may each of them appoint one or more persons to attend during the treaty, to explain the extent of the different purchases which have been made from the Indian tribes for the use of their respective states.

5. That the Indians be informed, that we shall not encourage any of our citizens who may presume to hunt or settle on their side of the boundary line, nor shall any of them cross it unless for the friendly purpose of supplying their wants and partaking of their trade. That if any of our citizens shall settle on their lands, they shall immediately warn such persons or persons to remove, and shall complain of the offence to Congress, or the Commissioners of Congress, or to the governor of the nearest state; and if the offenders shall not remove within six months after such warning and complaint, the Indians may consider them as disorderly persons and compel them to retire. But the Indians are to be careful that they do not injure the innocent trader on account of the offences of disorderly settlers; nor are they in any case to injure one man for the crimes of another, nor under any pretence to cross the boundary line to injure a citizen of the United States. For an offence against any state or any citizen of the United States will be considered as an offence against all, and punished accordingly.

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6. That the commissioners be instructed to encourage the Indians to give notice to Congress, or some of their officers, of any designs that may be formed in any neighbouring tribe against the peace of the United States, and if any persons shall come among them under the pretence of trading, or for other purposes, and shall propagate evil reports or endeavour to promote quarrels between them and the citizens of the United States, they shall consider such persons as enemies, who for private and wicked purposes wish to involve them in a destructive war, and they shall expel such persons from their country. So shall peace be preserved, and a friendly intercourse maintained between the citizens of the United States, and the Indians who are their faithful allies. as long as the waters continue to flow, or the sun to shine.

7. That agents be appointed to reside occasionally among the Indians, to superintend their trade, to be informed of their wants, and to prevent frauds from being practised against them. Each of those agents shall attend to the affairs of such district as may be pointed out by the commissioners, and receive dollars per annum for their trouble and expence.

8. That the commissioners be authorised to draw on the state of South Carolina, for dollars, to enable them to carry the proposed treaty into effect; and that the said state be allowed credit for the same out of the requisitions for year. 1

1 A printed copy of this report is in the Papers of the Continental Congress , No. 30, folio 247. The committee had been appointed December 15, 1784. According to the indorsement, this report was read March 4, 1785. Committee Book No. 190 shows that it was recommitted on March 10, Mr. [David] Howell replacing Read on the committee, and an amended report was delivered March 11. Thomson has corrected this printed copy to bring it into conformity with the later action of Congress.

The Committee of the Week [Mr. Abiel Foster, Mr. Archibald Stewart and Mr. William Hindman] report, that the Proposition of Stacy Potts, relative to purchasing Timber for shipbuilding at or near the Falls of Ohio, from the settlers of the Western Country, and his Petition for the Office of Register lay on the files. 2

2 This report is in the Papers of the Continental Congress , No. 32, folio 593. It is dated March, 1785. Potts' letter is on folio 583. The indorsement states that it was read February 28; the petition of Potts, read February 28, is in No. 42, VI, folio 298.

Also, a letter of Joseph Carleton, Secretary to the War Office, announcing his arrival and asking what he shall do with the records of his office. The indorsement states “To hold his office in the house where the Secretary for foreign affairs holds his office.” The letter is in No. 60, folio 125.

On this day, according to Committee Book No. 186, the following nominations were made for Secretary at War:

Maj. Gen. Alexander McDougall by Mr. [David] Howell.

Joseph Carleton by Mr. [William] Ellery, and

Col. Benjamin Walker by Mr. [Jacob] Read.

March 4: The following committees were appointed:

Mr. [James] McHenry, Mr. [Samuel] Hardy and Mr. [Charles] Pinckney, on letter from Secretary for Foreign Affairs, of March 2, on the conduct of Richard Soderstrom toward Sears & Smith, merchants of New York. The committee was discharged May 26. Jay's letter is in the Papers of the Continental Congress , No. 80, I, folio 89.

Mr. [Hugh] Williamson, Mr. [Joseph P.] Cook and Mr. [Abiel] Foster, on the petition of Seth Harding. Report was rendered March 14.

Mr. [Archibald] Stewart, Mr. [William] Hindman and Mr. [Abiel] Foster, on the memorial of Colonel Louis Atayataghronghta, an Indian, praying for pay for his war services. It is in No. 41, I, folio 93. Report was rendered March 9.

Committee Book No. 190 .

Also, on this day, the letter of November 16, 1784, from Giacomo Francisco Crocco respecting a treaty with the Emperor of Morocco was referred to the Secretary for Foreign Affairs, who reported March 8 and the papers referred back to the Secretary March 11, to take order. A translation of Crocco's letter is in No. 81, I, folio 87, and Jay's report is on folio 57.

Also, the memorial of sundry merchants of New York, respecting interest on loan office certificates, was referred to the Grand Committee of January 17. A report was rendered March 28. The memorial is in No. 41, VII, folio 114.

MONDAY, MARCH 7, 1785.

Congress assembled. Present as before.

On the report of a committee, consisting of Mr. [Pierse] Long, Mr. [Joseph] Gardner and Mr. [Samuel] Hardy, to whom was referred a Memorial from Jotham Blanchard,

Resolved , That when the board of treasury shall be formed, they take Order for the payment of as much of the balance due to Jotham Blanchard, as the State of the treasury will admit, without giving him any undue preference to other creditors.

The Committee Consisting of M r . [Jacob] Read, M r . [William] Ellery and M r . [Samuel] Hardy, to whom were referred the Letters of the 3 rd . and 16 th . of November last from M r . Laurens.

Beg leave to report in part.

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That in Conformity to the repeated wishes heretofore expressed By His Excellency the honorable Benjamin Franklin Esquire, Minister Plenipotentiary from the United States at the Court P. of Versailles, He be permitted to return to America as soon as Convenient and that Monday Wednesday next be appointed for the Election of a Minister Plenipotentiary to represent the United States at the Court of Versailles.

Your Committee further beg leave to report that a proper passage at the Charge of the United States be provided for the accommodation of Mr. Franklin on his return to the United States and that the Secretary of the Department of Foreign Affairs take order for making the necessary Communications to Mr. Franklin on the subject of him permission to retire and for providing for his passage. 1

1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress , No. 19, III, folio 477. According to the indorsement, it was read December 23, 1784, and passed this day.

On the report of a com ee . consisting of Mr. [Jacob] Read, Mr. [William] Ellery and Mr. [Samuel] Hardy, to whom were referred the letters of the 3 and 16 of Nov r ., from Mr. Laurens,

Resolved , by nine States, That in Conformity to the repeated wishes heretofore expressed by the hon ble . Benjamin Franklin, esquire Minister plenipotentiary from the United States, at the court of Versailles, he be permitted to return to America as soon as convenient; and that Wednesday next be assigned for the election of a proper person minister plenipotentiary, to represent the United States at the court of Versailles.

On motion of Mr. [Rufus] King, seconded by Mr. [Charles] Pinckney,

Resolved , By nine states, That it is expedient to appoint a Minister plenipotentiary to succeed Mr. J. Adams, at the court of the United Netherlands, and that Monday next be assigned for the election of such Minister. 2

2 These two resolutions were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. The motion of Mr. King, in his writing, is in No. 36, II, folio 525. A memorandum, on the motion, in the writing of Charles Thomson, notes that it was postponed by the state of Rhode Island.

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Congress took into consideration a report of the Secretary for Foreign Affairs; and thereupon agreed to the following

Instructions

For a Minister Plenipotentiary appointed to represent the United States of America at the Court of Great Britain.

Sir,

You will in a respectful but firm manner insist, that the United States be put without further delay in possession of all the posts and territories within their limits which are now held by British Garrisons: and you take the earliest opportunity of transmitting the answer you may receive to this requisition.

You will remonstrate against the infraction of the treaty of peace by the exportation of negroes and other American property, contrary to the stipulations on that subject in the Seventh Article of it. Upon this head you will be supplied with various authentick papers and documents, particularly the correspondence between General Washington and others on the one part, and Sir Guy Carleton on the other.

You will represent to the British Ministry the strong and necessary tendency of their restrictions on our trade to incapacitate our Merchants in a certain degree to make remittances to theirs.

You will represent in strong terms the losses which many of our and also of their Merchants will sustain, if the former be unseasonably and immoderately pressed for the payment of debts contracted before the war. On this subject you will be furnished with papers, in which it is amply discussed. 1

1 These instructions were also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

0136 124

The Committee consisting of [Mr. Samuel Hardy, Mr. John Beatty and Mr. Elbridge Gerry] to whom was referred a letter from his Excellency Governor Clinton beg leave to submit the following report—

That it appears to your Committee that in the year 1776. when he commanded a brigade in the Continental Army, he was applied to by the then Commissary General for his advice and assistance in procuring a supply of flour for the American Army. That in Consequence of this application he sent an officer up the North River for the purpose of making a purchase of five thousand bushels of wheat, or an equivalent in flour; that the said purchase was actually made on his Credit, that in his private Character he has made an advance in part payment for the same, and by his private assumpsit remains liable for the residue. It appears farther to your Committee that he has been reimbursed by the Commissary General in continental Money a considerable part of what he advanced; and that the balance now remaining due and for which he is lyable, is as appears from the note of W m . Paulding; one thousand and three pounds nine shillings and seven pence New York currency, which with the legal interest amounts to thirteen hundred and six pounds thirteen and three pence. Whereupon your Committee came to the following Resolution,

Resolved, that the President issue his warrant to the loan officer of the State of New York for the sum the Commissioners of the Treasury take order for the immediate payment of three thousand one hundred and twenty five dollars to his his Excellency Governor Clinton (being the amount of the said sums;) to be paid in bills of credit omitted agreeble to the resolutions of the 18 of March 1780 and that the said William Paulding in the settlement of his Acc ts . be charged with the same. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress , No. 20, I, folio 413. The indorsement shows that it was read this day and passed March 17.

[Motion respecting the Treasury. Referred to M r . James McHenry, M r . David Howell, M r . James Monroe, M r . Samuel Holten and M r . Lambert Cadwallader.]

Resolved , That two members of Congress be elected to act with any one of the Commissioners of the Board of Treasury, who may accept and qualify himself to enter on the duties of his appointment, until 0137 125 another Commissioner may appear to take a Seat at the Board—And that the Board so constituted be authorized to exercise all the powers vested in the Board of Treasury by the Ordinance of May 28, 1784. 1

1 This motion, in the writing of David Howell, is in the Papers of the Continental Congress , No. 36, II, folio 527. The indorsement states that it was made this day and the committee discharged April 13, 1785.

On this day, as the indorsement indicates, was read a letter of February 24 from Thomas Cushing, Governor of Massachusetts, reporting the arrest by the Inquisition of Spain of Jonas Hartwell, a citizen of Massachusetts. It was referred to the Secretary for Foreign Affairs who reported March 18. It is in No. 65, II, folio 265.

Also, a letter of February 15 from Robert Hanson Harrison declining to act as one of the judges of the federal court to settle the dispute between Massachusetts and New York. It is in No. 78, XII, folio 379.

Also, a letter of February 15 from Thomas Johnson, accepting appointment as one of the judges in the Massachusetts-New York dispute. It is in No. 78, XIII, folio 321.

Also, a letter of March 7 from Samuel B. Webb, offering himself for employment in the public service. It is in No. 78, XXIV, folio 507.

The committee consisting of [William Samuel Johnson, James McHenry, David Howell, James Monroe and Hugh Williamson] to whom were referred a letter and sundry papers from the commissioners for negotiating treaties with the Indians pursuant to the act of 15 Oct 1783, beg leave to report the following resolutions.

That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twieghtwee, Piankishaw and other western nations, a treaty be held with the said Indians at Post Vincent on the Wabash river, or at such other place as the commissioners may find most convenient on the 20 June 1785.

That 18,429 pounds weight of beef, 21,047 lbs of flour and salt in proportion, in addition to the rations now in store at Fort McIntosh will be necessary for the said treaty, and that take order to furnish the same.

That furnish the commissioners for holding the aforesaid treaty with such goods as they may judge necessary in addition to the goods in store at fort Mcintosh, to an amount not exceeding dollars.

That advance to the commissioners aforesaid the sum of dollars for the use and to be accounted for by the said commissioners.

0138 126

That the troops at Fort McIntosh be subject to the order of the aforesaid commissioners during the holding of the aforesaid treaty. 1

1 This report, in the writing of James McHenry, is in the Papers of the Continental Congress , No. 30, folio 255. The indorsement shows that it was read on this day, and Monday, 14 th . March, assigned for consideration. The report was printed and in this form considered and amended on March 17. The printed copy is on folio 249 and these manuscript amendments thereon bring it into conformity with the resolves as passed March 18. Two of the incorporated changes, in separate form, are on folio 261.

The Committee consisting of [Mr. Richard Dobbs Spaight, Mr. James Monroe and Mr. Rufus King] to whom was referred the memorial of Mr. Silas Talbot of Providence in the State of Rhode Island, late an Officer in the Army of the United States, setting forth that he was deranged on the 1st day of January, 1782, pursuant to a resolve of Congress of the 31st of December, 1781, and that the paymaster General on the Settlement of his Accounts refused to allow him the half pay or Commutation promised to the Army by the resolves of Congress of the day of 1780, giving as a reson for so doing that the resolve of 21st October, 1780, extended only to such Officers as were deranged under that Act of Congress, and to such Officers and Soldiers as should continue in service to the End of the War; and that he was not Authorised to Allow it to any others, but those to whom it was expressly granted.

The Committee have examined the different resolves of Congress respecting the half pay or Commutation, and those for the reform of the Army, and find that Congress in their resolve of the 31st Decem r . 1781, expressly Provided “that nothing contained in these resolutions shall be construed so as to prevent or hinder any Officer that shall retire as aforesaid from enjoying all the Emoluments that he may, upon retiring, be entitled to by any former Acts of Congress”; and that for the Officers who retired under the resolve of the 7th August, 1782, it is “ Resolved , That the Officers retiring under the foregoing resolutions, and not employed in the staff department as affore said, shall, until called into service with their proper Command, be entitled to all the emoluments to which the Officers are entitled, who retired under the resolutions of the 3rd and 21st October, 1780.”

Whereupon Your Committee are of Opinion that the Officers who retired under the resolve of the 31st. of Decem r . 1781, are equally 0139 127 entitled to the halfpay or Commutation as those Officers who retired under the resolves of the 3 d . and 21 October, 1780. 1

1 This report, in the writing of Richard Dobbs Spaight, is in the Papers of the Continental Congress , No. 19, VI, folio 1. It was read this day and acted on March 8.

On this day, according to Commitee Book No. 186, Brig. Gen. Samuel Blatchley Webb was nominated for Secretary at War by Mr. [Samuel] Holten.

According to Committee Book No. 186 a report was rendered this day by the committee on William North's letter of December 16, 1784. See post , December 19. Committee Book No. 190 refers the matter, on March 7, to March 22, q. v .

The Committee consisting of [Mr. Samuel Hardy, Mr. John Beatty and Mr. Elbridge Gerry] to whom was referred the Report of a Committee on the letter from the late secretary of foreign Affairs of the 28 of March, 1783, submit the following Report:

That as it appears from the letter of the said secretary bearing date the 3 rd of December, 1782, that he informed Congress that the Office he held under the state of New York rendered it inexpedient for him to continue longer in the Office of foreign Affairs. That as he stated to them in the said letter that with the utmost œconomy which his situation would admit of he had been compelled to expend more than three thousand dollars beyond the Allowance of Congress, And as they after such information deemed it necessary from the state of public Affairs to request his Continuance in Office for the term of six Months longer, your Committee are of Opinion that any expence during that time over and above the sallary annexed to the Office of foreign Affairs ought in justice to be reimbursed him. Upon this principle your Committee decide that he is entitled to the sum of fifteen hundred dollars, the amount of the extra expences beyond his sallary for the said term of six Months.

And as it appears to your Committee from a Number of letters in the Office of foreign Affairs, that he acted as Agent for the foreign Ministers and other Officers of Congress in Europe, at the particular request of the late superintendant of finance, and out of the line of his department; that he stated their Acc ts . drew their sallary, vested it in bills of exchange, and remitted it to them; that in the whole of this transaction he informed them he acted as their Agent and that they by their letters recognized him in that Character, and requested him to continue his Agency. And as it appears that in the Negociation of the bills of exchange a considerable profit accrued to our 0140 128 Ministers out of which he might with propriety and appeared to have designed to have charged the usual Commission of two and a half P. Cent.; And as it appears farther to your Committee from a letter he addressed to our Ministers in Europe, that he was restrained from doing it only by the Retrospective Resolutions of Congress of March, 1783, which deprived the said Ministers of the advantage made by the exchange by directing their bills to be paid at par; your Committee are of Opinion that it is reasonable that a Commission of two and a half P. Cent on the remittances made by him to our Ministers in Europe (amounting to 1,625 Dollars as appears by the Books of Accs ts . of the Office of foreign Affairs) should be allowed him by the United States.

Whereupon Resolved , That the President issue his Warrant to the loan Officer of the state of New York for the sum of three thousand one hundred and twenty five dollars to be paid in bills of credit Emitted agreeable to the Resolution of the 18 of March, 1780. 1

1 This report, in the writing of Samuel Hardy, is in the Papers of the Continental Congress, No. 19, III, folio 593. According to Committee Book No. 191, it was read this day and acted on March 16.

March 7: The following committees were appointed:

Committee of the Week: Mr. [William] Ellery, Mr. [David] Howell and [Lambert] Cadwallader.

Mr. [William] Houstoun, Mr. [John] Beatty and Mr. [David] Howell, on the letter of March 7 from Thomas Hutchins informing of his return from ascertaining the boundary line between Virginia and Pennsylvania and entreating action on his memorial of September 8, 1783. Hutchins' letter is in No. 60, folio 177. A later indorsement by Thomson reads: “with report May 25, 1785.” See post , June 7.

Mr. [Charles] Pinckney, Mr. R. R. Livingston, Mr. [Rufus] King, Mr. [James] Monroe and Mr. [John] Beatty, on letter of December 23, 1784, from C. Griffin and J. Lowell. This was a renewal of the committee of February 22 and to it was referred, this day, the memorial of G. Meade respecting the brig Hope ; letter of February 13 from the Secretary for Foreign Affairs on application of Prager for a reheating; memorial of Ellis & Hugg for a rehearing. This committee reported March 28.

Mr. [Hugh] Williamson, Mr. [Richard Dobbs] Spaight and Mr. [William] Hindman, on memorials of Regnier de Roussi and William Burrows. A report was made on Burrows March 14 and on de Roussi April 19. Burrows' memorial, which is dated March 7 and was for a pension as a wounded soldier, is in the Papers of the Continental Congress , No. 41, I, folio 399. See post , March 14. De Roussi's, for pay and dated March 4, is in No. 41, VIII, folio 343, and is indorsed as acted on February 3, 1786.

Committee Book No. 190 .

TUESDAY, MARCH 8, 1785.

Congress assembled. Present, as yesterday.

On the report of a com ee . consisting of Mr. [Hugh] Williamson, Mr. [William] Ellery, Mr. [James] McHenry, Mr. [David] Howell and Mr. [William Samuel] Johnson, to whom was referred a petition of Mr. Samuel Parsons,

Resolved , That the Comptroller of Accounts in the treasury, be instructed to settle the accounts of Mr. Samuel Parsons, against the United States, according to the act of 2d July, 1782.

That Mr. Parsons be referred to the state of South Carolina for the settlement of his account, for such goods as he may have shipped at the instance of the honorable John Rutledge, then governor, for the use of that State. 1

1 See ante , March 4.

On this day, according to Committee Book No. 190, the Secretary for Foreign Affairs reported on the letter from Giacomo Francisco Crocco. The report is in the Papers of the Continental Congress , No. 81, I, folio 87. See ante , March 4.

Also was read a letter from the Secretary for Foreign Affairs, dated March 8, transmitting a letter from the Minister of the United Netherlands regarding the controversy between the Netherlands and the Emperor of Germany. It is in No. 80, I, folio 93.

Congress proceeded to the election of a Secretary at War, and, the ballots being taken, Gen l Henry Knox, Esq r . was elected, having been previously nominated by Mr. [James] Monroe.

On the report of a committee, consisting of Mr. [Richard Dobbs] Spaight, Mr. [James] Monroe and Mr. [Rufus] King, to whom was referred a petition of Mr. Silas Talbot,

Resolved , by nine States, That the Officers who retired under the resolve of the 31 December, 1781, are equally entitled to the half pay or Commutation with those officers who retired under the resolves of the 3 and 21 Oct. 1780

On the report of a com ee ., consisting of Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [William] Ellery, to whom was 0142 130 referred a Memorial of James Livingston, late a colonel in the army of the United States,

Resolved , by nine States, That the eminent services which col. Livingston rendered the United States in Canada, in the character of an Officer, previous to his receiving a commission, entitle him to the pay of a colonel, from the time of his joining the American Army in Canada, and the pay master, in the settlement of his Accounts, is hereby directed to make him such allowance from that time. 1

1 On this day, as the indorsement states, was read a petition of William Dewees for reimbursement for destruction of his property at Valley Forge, by the British and American troops, in 1777 and 1778. It was ordered to be filed and is in No. 42, II, folio 320.

On this day also, according to Committee Book No. 191, the Comptroller reported on the claim of James Morrison, which was acted on June 20.

March 8: The following committees were appointed:

Mr. [William] Ellery, Mr. [Joseph P.] Gardner, and Mr. [Hugh] Williamson, on the petition of John Jordan and letter from James Smith, March 7. Report was rendered on Smith's letter March 11.

Mr. [Rufus] King, Mr. [Hugh] Williamson and Mr. W[illiam] Livingston, on the petition of Samuel A. Otis regarding the settlement of the accounts of Otis & Andrews. Report was rendered April 13. The petition, dated February 1, was read March 8. It is in No. 42, VI, folio 109.

Mr. [Samuel] Hardy, Mr. [James] Monroe and Mr. R. R. Livingston, on a motion in favor of Benjamin Walker, late of General Washington's household. Report was rendered March 14.

Committee Book No. 190 .

Also, on this day, the petition of John Buchanan, for the balance of pay due him, was referred to the committee for settling the accounts of the army, which reported August 30.

Also, the letter from the Minister from the United Netherlands on the controversy between that country and the Emperor of Germany was referred to the Secretary for Foreign Affairs to report. See ante , March 7.

On Application of Mr. [Jacob] Read, a delegate for South Carolina,

Ordered , That he have leave of Absence.

WEDNESDAY, MARCH 9, 1785.

Congress assembled. Present as yesterday. 1

1 On this day, as the indorsement states, was read a petition of Belcher P. Smith, for reimbursement for loss through depreciation of pay, which was referred to Mr. [John] Beatty, Mr. [Hugh] Williamson and Mr. [Pierse] Long. It is in the Papers of the Continental Congress , No. 42, VII, folio 207. Committee Book No. 190 shows that a report was made April 1.

Also, a letter of March 8 from Arthur Lee, urging the necessity of measures for obtaining goods, etc., for the Indian treaty to be held at Vincennes. It is in No. 78, XIV, folio 615.

Also, according to Committee Book No. 190, the committee of January 24, on memorials of Laurent Olivier, Baindamon and other Canadians, along with Lafayette's and the War Office letters regarding the same, were this day renewed with Mr. [James] McHenry in place of Mr. [Jacob] Read. See post , April 28 and May 2.

The Com ee . [consisting of Mr. David Howell, Mr. Hugh Williamson and Mr. Pierse Long] to whom was referred the petition of Edward Antill, late an officer in the Canadian old regiment commanded by the late Brig r . Gen l . Hazen submit the following report:

Your Com ee . find that measures have been taken by the late Superintendant of Finance to make payments for two years interest on the depreciation certificates issued to General Hazens Corps in pursuance of the resolution of April 20, 1781, and of course, that only two years more interest was payable on the first day of January last.

Your Com ee . also find that on the 12 Aug., 1780, Congress resolved to “take speedy measures for liquidating and paying what is due on account of depreciation to the officers and soldiers who do not belong to the Quota of any State.” Whereupon your Com ee . beg leave to recommend the following resolution—

Resolved , That the commissioners of the Board of Treasury pay to the late Brig r . Gen l . Hazen and to the several officers of his late Corps the arrears of rations who are possessed of Loan Office Certificates issued to them for depreciation of Pay to the first day of January, 1785, in pursuance of the Resolution of April 20 th , 1781 [One Years Interest and that the several late Officers in that Corps cease to draw Rations or Subsistence from the first of May next and that said officers cease to draw rations or subsistence from the time of their receiving such payment.

And in order that the officers and men of s d . Corps may, in future, be on similar footing in respect to depreciation of their pay with 0144 132 others who have been in the service of the U. States—your Committee offer to Congress the following resolution

Resolved , That it be recommended to the several States to pass laws whereby such of the officers in which any of the Officers or Soldiers of the late Corps commanded by the late Brig r . Gen l . Hazen may be inhabitants to make the same provision for payment on the certificates for depreciation issued to them in pursuance of the resolution of April 20, 1781, as the officers and soldiers of their respective lines have received or may be entitled to receive from such States in pursuance of the resolution of Congress of April 20, 1781, and to charge the amount thereof to the U. States. 1

1 This report, in the writing of David Howell, is in the Papers of the Continental Congress , No. 19, I, folio 83. The words in brackets show the variation in the wording of the resolve as drafted by Hugh Williamson and wafered to the report. According to indorsement the report was read March 9. Antill's petition (see ante , January 26) was filed September 19, 1786.

The Committee consisting of M r . [John] Stewart, M r . [William] Hindman and Mr [Abiel] Foster, to whom was referred the Petition of Lieutenant Colonel Lewis Atayataghronghta, beg Leave to report—

That Lieut t . Col o . Lewis Atayataghronghta entered as a Volunteer in the Service of the United States, at the Commencement of the War with Great Britain, and continued in that Character untill the 14 th . Day of June, 1779, for which He has made no Charge against the United States; at which Time He was promoted to the Rank of a Lieutenant Colonel, and remained as such in the American Army until the End of the War, that He behaved himself as a good and faithful Soldier, and rendered very essential Services to the United States, and in Consequence of the active Part which he took in their Favor, has been obliged to relinquish his own Country, and now resides with his Family among the Oneida Tribe of Indians; that there appears to be due to him from Continental Certificates issued in his Name and now in his Possession, three thousand six hundred and twenty seven Dollars: That he is indebted to sundry Persons to the Amount of about 800 or 1,000 Dollars which He is very solicitous of discharging, and unless assisted by Congress will be altogether unable to do—Your Committee therefore are of Opinion—

That two Certificates issued in his Name by the Paymaster General for his final Settlement, one for six hundred Dollars dated Jan y . 1 st ., 1783, the other for three hundred and sixty six Dollars dated Nov r . 4, 1783, amounting with the Interest thereon to eleven hundred and 0145 133 two Dollars be immediately paid to him in Order to relieve him from his present Embarrassment.

Whereupon,

Resolved , That the President issue his Warrant to the Treasurer of the United States in favor of Lieut t . Col o . Atayatagrongtha for the Sum of One thousand one hundred and two Dollars [amount of his certificate dated Nov r . 4, 1783, for 366 dollars together with the interest thereon arising till the time of this report to the 18 th . day of March, 1785.] 1

1 This report, in the writing of William Hindman, except the words in brackets, which are in that of David Howell, is in the Papers of the Continental Congress , No. 30, folio 359. It was read this day and passed on March 18.

THURSDAY, MARCH 10, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Maryland, Virginia, North Carolina and South Carolina; and from the State of Connecticut, Mr. [Joseph Platt] Cook; from Pensylvania, Mr. [Joseph] Gardner, and from Georgia, Mr. [William] Houstoun.

The Commissions of Mr. [Jacob] Read, Mr. [John] Bull and Mr. [Charles] Pinckney, under the hand of the Governor and great Seal of the State of South Carolina, and dated the 21 day of feb y . 1785, were read, empowering them to represent the said State in Congress, until the first Monday in November next, and to Act in Congress as delegates until they shall be relieved by the legislature of the said State.

On the report of a com ee ., consisting of Mr. [James] Monroe, Mr. [Samuel] Hardy, and Mr. [Samuel] Holten, to whom were referred the instructions from the legislature of Virginia, to their delegates in Congress, dated 30 and 31 Dec r ., 1784:

Whereas it appears, that the liquidation and settlement of the Accounts between the United States and the State of Virginia, and the inhabitants thereof, is stopped by the resignation of Mr. Zephaniah Turner, the commissioner 0146 134 appointed pursuant to the act of the 20 feb y ., 1782: and it further appearing, that Mr. Andrew Dunscomb was, on the 18 Oct r . last, nominated to that Office by the late Superintendant of finance, and has been approved by the said State;

Resolved , That the Comptroller notify the said Andrew Dunscomb of his appointment, furnish him with a copy of the Instructions, given to the Commissioners for settling the Accounts between the United States and each particular State, and the creditors of the United States within the same, and the several Acts and resolutions of Congress for their government, and direct him to proceed in the execution of the business, with all suitable dispatch.

Congress proceeded to the election of a Minister plenipotentiary to represent the United States at the Court of Versailles; and, the ballots being taken, the hon ble . Thomas Jefferson was unanimously elected, having been previously nominated by Mr. [David] Howell. 1

1 This paragraph was also entered in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

A letter, of the 3 d . from Mr. P. Schuyler, was read, wherein he declines the Office of Commissioner, for carrying into effect the act for fœderal buildings. 2

2 Schuyler's letter is in No. 153, III, folio 637.

On this day, according to Committee Book No. 190, the petition of John Vincent, a Huron Indian, dated March 5, for money due him, was read and referred to Mr. [David] Howell, Mr. [Pierse] Long and Mr. [Samuel] Holten, who reported April 1. It is in the Papers of the Continental Congress , No. 42, VIII, folio 77.

Also, the report on the Southern Indians was recommitted to Mr. [Samuel] Hardy, Mr. [William] Houstoun, Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [David] Howell, who reported March 11.

Also, was read, a letter from Lieut. Col. Josiah Harmar, of February 6, forwarding returns of troops. It is in No. 163, folio 413.

On this day, as the indorsement states, was read a petition of Dorsey Penticost, dated March 10, for appointment of Register in one of the new states. It was ordered to be filed. It is in the Papers of the Continental Congress , No. 42, VI, folio 306.

Also, a letter of February 28 from Samuel Osgood, acknowledging appointment as Commissioner of the Board of Treasury. It is in No. 78, XVII, folio 365.

FRIDAY, MARCH 11, 1785.

Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina; and from the State of Georgia Mr. [William] Houstoun.

Mr. William Grayson, a delegate for the State of Virginia, attended, and produced Credentials, by which it appears, that on the 22 of June, 1784, he was elected a delegate to serve in Congress, for one year, to commence the first Monday in November next, ensuing the date of his appointment.

Virginia : By his Excellency Benjamin Harrison, Esquire, Governor and Commander in Chief of the Commonwealth

[SEAL]

It is hereby certified to all to whom these presents shall come, that—

The General Assembly of this Commonwealth on the twenty second Day of June One thousand seven hundred and eighty four by joint ballot of both Houses, elected William Grayson esquire, a Delegate to serve in Congress for one year, to commence from the first Monday in November next ensuing the Date of his appointment

Given under my hand and the Seal of the Commonwealth this twenty eighth Day of August One thousand seven hundred and eighty four

Benj. Harrison . 1

1 The original of this credential is in the Papers of the Continental Congress , Credentials. It is not entered in the Record of Credentials , No. 179. According to the indorsement it was read this day.

On motion of Mr. [David] Howell, seconded by Mr. [John] Beatty,

Resolved , That tuesday next be assigned for the election of a Commissioner for carrying into execution the purposes mentioned in the Ordinance of Dec r . 23, 1784, in the place of Philip Schuyler, esq r . who has declined to accept that appointment. 2

2 This motion, in the writing of Howell, is in the Papers of the Continental Congress, No. 36, IV, folio 471.

0148 136

While the foregoing motion was under debate, a Motion was made by the delegates of Maryland, to strike out “tuesday,” and in lieu thereof, to insert “the first Monday in May:” And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] McHenry,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, no no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no no Johnson, no New York, Mr. W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no Pennsylvania, Mr. Gardner, no no Henry, no Maryland, Mr. McHenry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Monroe, no div. Lee, no Grayson, ay North Carolina, Mr. Williamson, no Spaight, no no Sitgreaves, no South Carolina, Mr. Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So it passed in the negative.

Mr. John Henry, a delegate for Maryland, attended, and took his seat in Congress.

[The Committee, consisting of Mr. Samuel Hardy, Mr. William Houstoun, Mr. Hugh Williamson, Mr. Samuel Holten and Mr. David Howell, to whom was recommitted the report on the Southern Indians, submit the following report.]

[ Resolved ,] That three Commissioners with the same pay as is allowed to the Com rs . appointed for treating with the Northern Indians, be appointed to treat with the Cherokees and all other Indians southward of them within the limits of the United States, or who have been at war with them, for the purpose of making peace with them, receiving them into the favour and protection of the U. S. and removing, as far as may be all causes of future contention or quarrels.

0149 137

That the commissioners be instructed as a preliminary, to require that all prisoners of whatever age or sex among the Indians, shall be delivered up and they are further instructed to demand the negroes and other property belonging to the Citizens of the U. S. which have been captured during the war.

That they be instructed to inform the Indians of the great occurrences of the last war and of the extent of Country relinquished by the late treaty of Peace with G. B.

That the commissioners previous to their holding any treaty, shall give due notice of the time and place where it is to be held, to the supreme executives of Virginia N. Carolina, So. C. and G., in order that they may each of them appoint one or more persons to attend during the treaty if they think proper.

That the commissioners be instructed to encourage the Indians to give notice to Congress, or some of their officers, of any designs that may be formed in any neighbouring tribe, or by any person whatever against the peace of the United States.

That the Commissioners be authorized to draw upon the apply to the supream Executive either of Virg a . North Carolina or South Carolina or Georgia for 150 men or such part thereof as they may deem necessary of their Militia for the purpose of protecting the Commissioners whilst engaged in concluding the s d . treaties; and that they be authorized to call on draw on either any of the said States and draw for the same on the Comm rs . of the treasury who are hereby directed to pay such Draft for dollars to enable them to procure such making presents as shall be necessary to carry such treaty into effect and that such the said state have credit for such advance out of the requisitions for the year 1786 in addition to and also the amount of the goods purchased as above.

That Monday next be assigned for the appointm t . of three Commissioners to form a treaty or treaties with the Indians in the southern department agreeable to the foregoing resolution report and for the purposes specified in the same. 1

1 This report, in the writing of Charles Thomson, on the printed report of March 4, and the last two paragraphs in the writing of Samuel Hardy and William Houstoun, respectively, is in the Papers of the Continental Congress , No. 30, folios 247 and 245½ and 254. The provision for drawing on the Commissioners of the Treasury to meet the treaty expense is in the writing of Thomson on a vote, presumably taken during the debate on this report, folio 254. As amended during the debate, the report was finally adopted March 15. The commissioners were appointed March 21.

0150 138

Congress took into Consideration the report of a com ee ., consisting of Mr. [Samuel] Hardy, Mr. [William] Houstoun, Mr. [Hugh] Williamson, Mr. [Samuel] Holten and Mr. [David] Howell, to whom was recommitted a report on the State of the Southern Indian Affairs.

And the following paragraph being under debate,

That the Commissioners, previous to their holding any treaty, shall give due notice of the time and place where it is to be held, to the supreme executives of the States of Virginia, North Carolina, South Carolina and Georgia, in order that they may each of them appoint one or More persons to attend during the treaty, if they think proper.

A Motion was made by Mr. J[ohn] Henry, seconded by Mr. [William] Ellery, to strike out that paragraph: And on the question, shall that paragraph stand the yeas and nays being required by Mr. [James] McHenry,

New Hampshire, Mr. Foster, no div. Long, ay Massachusetts, Mr. Holten, ay ay King, ay Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, no Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay div. W. Henry, no Maryland, Mr. McHenry, no J. Henry, no no Hindman, no Virginia, Mr. Hardy, ay Monroe, ay ay Lee, ay Grayson, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay *

So it was resolved in the affirmative.

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A Motion was then made by Mr. [James] McHenry, seconded by Mr. [William] Ellery, to strike out the before mentioned paragraph, and in lieu thereof to insert: That the Commissioners previous to their holding any treaty, shall give notice of the time and place where it is to be held, to the supreme executives of the states of Virginia, North Carolina, South Carolina and Georgia, in order that they may make dispositions to render such assistance and countenance to the commissioners, as may be judged proper and necessary.

And on the question to agree to this Amendment, the yeas and nays being required by Mr. [James] MeHenry,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, no no King, no Rhode Island, Mr. Ellery, ay div. Howell, no Connecticut, Mr. Cook, no no Johnson, no New York, Mr. R. R. Livingston, no W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no no Cadwallader, no Stewart, no Pennsylvania, Mr. Gardiner, no no W. Henry, no Maryland, Mr. McHenry, ay J. Henry, ay ay Hindman, no Virginia, Mr. Hardy, no Monroe, no no Lee, no Grayson, no North Carolina, Mr. Williamson, no no Sitgreaves, no South Carolina, Mr. Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So it passed in the Negative.

The Secretary for Foreign Affairs having reported, that in his opinion it will be proper to transmit to our Ministers, who are to negotiate treaties with the Emperor of Morocco 0152 140 and the regencies of Tunis, Algiers and Tripoli, the following papers, to wit:

No. 1.

Draft of a Commission to the joint Ministers to appoint Agents to be employed in their Negotiations with Morocco and the States of Barbary.

The United States in Congress Assembled. To all to whom these presents shall come, or be made known, send Greeting.

Whereas we, reposing special trust and Confidence in the integrity, prudence and ability of our trusty and well beloved the honorable John Adams, late one of our Ministers plenipotentiary for negotiating a peace, and heretofore a delegate in Congress from the State of Massachusetts, and Chief justice of the said State, The honorable Doctor Benjamin Franklin, our Minister plenipotentiary at the Court of Versailles, and late another of our Ministers plenipotentiary for negotiating a peace, and The honorable Thomas Jefferson, a Delegate in Congress from the State of Virginia, and late Governor of the said State, Did by our Commission under the Seal of the United States, and the signature of our then President, bearing date the 12th day of May, in the year of our Lord, 1784, constitute and appoint them the said John Adams, Benjamin Franklin and Thomas Jefferson, our Ministers Plenipotentiary, giving to them or a majority of them full power and authority for us and in our name to confer, treat and negotiate with the Ambassador, Minister or Commissioner of the Regency or Government of Tunis, vested with full and sufficient powers of and concerning a treaty of Amity and Commerce (as the case may be) to make and receive propositions for such treaty, and conclude and sign, transmitting it to 0153 141 the United States in Congress Assembled for their final ratification: And whereas it may so happen that the other great and various affairs which we have committed to the care and management of our said Ministers Plenipotentiary may not admit of their meeting the Minister or Commissioner which the regency or Government of Tunis may appoint to treat with them of and concerning such treaty, at a time and place that might otherwise be most convenient:

Therefore Know Ye, That we do hereby authorise and empower our said three Ministers Plenipotentiary and the majority of them, by writing under their hands and Seals to appoint and employ, and at pleasure to remove, such Agent in the said business as they or the majority of them may think proper, which said Agent shall have authority, under the directions and instructions of our said Ministers, to commence and prosecute Negotiations and conferences for the said Treaty, with such Person or Persons on the part of the regency or Government of Tunis as to our said Ministers or the Majority of them shall appear proper. Provided always, that the treaty in question shall be signed by our said Ministers; but that preliminary articles thereto may, if previously approved of by our said Ministers or the majority of them, be signed by the said Agent.

In testimony whereof we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency Richard Henry Lee, our President, this day of in the year of our Lord, 178 and of the Sovereignty and Independence of the United States of America, the Ninth.

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No. 2.

Draft of a letter of Credence from Congress to the Regencies of Tunis, Tripoli and Algiers.

To the Lords, Regents and Governors of Tunis.

We, the United States of America in Congress Assembled, being desirous of cultivating and establishing peace and harmony between our nation and the regency and government of Tunis, have appointed the honorable John Adams, late one of our Ministers plenipotentiary for negotiating a peace, and heretofore a Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, The honorable Doctor Benjamin Franklin, our Minister plenipotentiary at the Court of Versailles, and late another of our Ministers plenipotentiary for negotiating a peace, and the hon ble . Thomas Jefferson, a Delegate in Congress for the State of Virginia, and late Governor of the said State, our Ministers plenipotentiary, giving to them or a Majority of them full power in our name to negotiate and conclude a treaty of Amity and Commerce with your Lordships; and we have also authorized them or a majority of them to appoint such agent in the said business as circumstances may in their judgment render expedient.

We desire you, my Lords, to give full credit to whatever shall be delivered to you by or from our said Ministers; and we hope you will readily concur with us in forming such a Treaty as may be permanent and mutually beneficial. We wish you health and prosperity.

Done in Congress, at their Chamber in the City of New York, on the day of One thousand seven hundred and Eighty-five, and signed by their Unanimous order.

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No. 3.

Draft of a Letter from Congress to the Emperor of Morocco.

Great, Noble and Imperial Sovereign,

While the flames of the late war continued to spread danger and destruction not only along the borders, but also through the most interiour parts of the thirteen United States of America, it was constantly and indispensably necessary for us to turn all our attention and resources to the immediate defence and protection of these different Countries.

Hence it happened, that it was not in our power to cultivate Your Majesty's friendship by such legations and other measures, as might fully manifest the high sense we entertain of that magnanimity which induced your Majesty to open your ports and shew kindness to us at a period when our affairs wore the least promising aspect.

All that we then could do was to read and admire your Majesty's liberal Manifestoes and declarations of the and to assure you by our Letter of the day of December, 1780, “of our earnest desire to cultivate a sincere peace and friendship with your Majesty,” and that proper steps for that purpose would be taken on our part.

As We have not been favoured by your Majesty with an answer to that Letter, we are apprehensive that it has miscarried; and therefore subjoin a copy of it to this.

That Great and Almighty being “from whom all wisdom and power proceeds,” having crowned our Counsels and our arms with victory and peace, we are now blessed with leisure and opportunities to shew our respect and regard for such of the Princes and Nations of the World 0156 144 as gave proof of their kindness and good will to us when encompassed with hostile Armies and a great variety of difficulties.

While many other Nations yet viewed our fate as doubtful, You, most noble Prince, extended your friendly regards from an Empire on the Eastern side of the World, across an amazing length of Ocean, to us who dwell under the Beams of the setting Sun. For these generous marks of your early friendship accept our sincere and cordial thanks; and be assured of our desire so to establish peace and regulate Commerce between us, as that your Empire may derive advantages from the various productions of our different Countries. In time, when the waste of war shall be repaired, they will be great and useful; and we will teach our people to be kind to yours.

Impelled by these considerations, we have appointed three from among our well beloved and most distinguished Subjects, whom we have long honored with our confidence, and intrusted with the conduct of great affairs, to establish on our part with your Majesty the most liberal and permanent Treaties of Peace and Amity, viz. Our well beloved The Honorable John Adams, Chief Justice of one of these United States, a delegate from the same to our Body, one of our late Commissioners to the Court of France, our Minister plenipotentiary to the United Netherlands, and one of our Ministers plenipotentiary for making peace with Great Britain, &c. Also our well beloved The honorable Doctor Benjamin Franklin, President of the Convention of another of the said States, and a delegate from the same to our Body, our Minister plenipotentiary to the Court of France, and also one of our plenipotentiaries for making peace with Great Britain, &c. and also our well beloved The honorable Thomas Jefferson, Governour of another of the said 0157 145 States, and a Delegate from the same to our Body, and one of our Ministers plenipotentiary, together with the said John Adams and Benjamin Franklin, for transacting certain great affairs, which we have committed to them, &c.

We have given them our Commission under the Seal of the United States, and under the signature of his Excellency our President, to treat with your Majesty in our behalf, and in our name to sign and seal such Treaties and Conventions as may thereupon be agreed upon. We recommend them to your Majesty's especial favour and confidence, and we promise to ratify, confirm and fulfil whatever they shall on our part conclude and agree to. And inasmuch as the other great affairs which we have confided to their management may cause delays which might be disagreeable to your Majesty, we have authorized them in such case to appoint and send to your Majesty a trusty and respectable agent, by means of whom they may deliver this Letter to your Majesty, and commence the negotiations in question. We request your Majesty to transmit to us your answer through the same channel; and we assure you that it is our sincere wish and desire, that the Emperor of Morocco and the Sovereign Council of these thirteen Countries may continue to regard each other as friends and brothers from age to age. May your Majesty be always happy.

Signed by the Unanimous Order of the United States in Congress Assembled, at the Chamber of the States, in the City of New York, on the day of in the year of our Lord, one thousand seven hundred and Eighty-five, and in the year of their Sovereignty—

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No. 4.

Copy of a former Letter of Congress to the Emperor to be enclosed in the above.

The Congress of the thirteen United States of North America to the High, Potent and Most Noble Prince, the King and Emperor of Morocco.

Most Noble and Puissant Prince,

We, the Congress of the thirteen United States of North America, have been informed of your Majesty's favourable regard to the interests of the people we represent, which has been communicated by Mons r . Etienne D'Audibert Caille, of Salé, Consul for foreign nations unrepresented in your Majesty's States. We assure you of our earnest desire to cultivate a sincere and firm peace and friendship with your Majesty, and to make it lasting to all posterity.

In order that we may demonstrate more fully the high value we place upon the Amity of so enlightened and magnanimous a Prince, we have given the necessary Orders to our Minister plenipotentiary at the Court of his Most Christian Majesty the King of France; and a proper person will receive powers to enter into negotiations for settling a treaty of peace and Commerce with such representative of your Majesty as you may please to appoint. This, from your Majesty's great wisdom and generosity, we have no doubt will be adjusted to the mutual advantages of both Nations.

In the mean time should any of the Subjects of our States come within the ports of your Majesty's ports or Territories, we flatter ourselves they will receive the benefit of your protection and benevolence. You may assure yourself of every protection and assistance to your Subjects from the people of these States whenever 0159 147 and wherever they may have it in their power. We pray your Majesty may enjoy long life and uninterrupted prosperity.

Signed in and by order of the Congress of the thirteen United States in North America, day of the month December, in the year of our Lord Christ, 1780, and of our Independence 5.

No. 5.

Draft of a Letter from the Secretary for Foreign Affairs to our Ministers.

No. 6.

Copy of a Letter from Giacomo Francisco Crocco to Congress, November 16 th 1784.

No. 7.

Draft of a Letter from the Secretary for Foreign Affairs to Mr. Crocco in answer to the above.

No. 8.

Copy of a Letter from Messieurs Franklin, Lee and Adams, 7th November, 1778, and one of 26th May, 1779, from Mr. Franklin.

No. 9.

Copy of a Letter from D'Audibert de Caille to Mr. Jay, 21st April, 1780, and Mr. Jay's answer.

No. 10.

Copy of Mr. D'Audibert Caille's letter to Congress, 6th September, 1779, and their answer, December, 1780.

No. 11.

Copy of the appointment of D'Audibert Caille, 1st November, 1779, by the Emperor of Morocco, to act as Consul for such foreign nations as had none in his dominions.

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No. 12.

Copy of the Emperor of Morocco's declaration, 20th Febru y ., 1778.

No. 13.

One of D'Audibert Caille's printed Certificates.

Ordered , That the beforementioned papers be referred back to the Secretary for Foreign Affairs to take order. 1

1 The report of the Secretary for Foreign Affairs and the order thereon were entered only in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

March 11: The following committees were appointed:

Mr. [Samuel] Holten, Mr. [Richard Dobbs] Spaight and Mr. [Zephaniah] Platt, on Fleury Mesplet's memorial which was read this day. This committee was renewed April 11. The petition is in No. 41, VI, folio 361.

Mr. [William] Ellery, Mr. [Joseph] Gardner and Mr. [Hugh] Williamson, on the petitions of Joseph King for commutation or half pay. A report was rendered March 24.

Mr. [James] Monroe, Mr. [Richard Dobbs] Spaight, Mr. [William] Houstoun, Mr. [William Samuel] Johnson and Mr. [Rufus] King, on the report on the motion “for investing Congress with power to regulate trade. Instructed to report a circular letter to accompany the recommendation proposed in the report.” The committee reported March 28.

Committee Book No. 190 .

Also, on this day, as the indorsement states, was read a petition of John Simpson, dated March 4, praying appointment as Deputy Surveyor in one of the new states. It was ordered filed and is in No. 42, VII, folio 211.

Also, was read a letter from Joseph Carleton, Secretary in the War Office, dated March 11 and asking if he shall continue his services until General Knox arrives. The indorsement states that it was acted on March 11. It is in No. 60, folio 129.

Also, according to Committee Book No. 191, a report was delivered on the claim of James Smith, which was acted on March 21.

[Motion of Mr. [Hugh] Williamson.]

That in making out the Commission of Mr. Smith he be stiled William Smith esqr. lately a lieutenant Colonel in the Armies of the United States. 2

2 This motion, in the writing of Charles Thomson, is indorsed on the letter of March 11, from the Secretary for Foreign Affairs respecting Smith's appointment as Secretary to the United States legation at London. A further indorsement states that the motion was referred to the Secretary for Foreign Affairs to take order. Jay's letter of March 11 is in the Papers of the Continental Congress , No. 80, I, folio 101.

MONDAY, MARCH 14, 1785.

Congress assembled: Present, as before. 1

1 The proceedings for March 14 were entered only in the manuscript Secret Journal, Foreign Affairs, No. 5, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

The Secretary for the department of Foreign Affairs having reported the form of a Commission to Mr. Adams, appointed to represent the United States at the Court of London, and to Mr. W. Smith, appointed Secretary to the s d . legation; and the same being amended to read as follows:

The United States of America in Congress Assembled. To our trusty and well beloved John Adams, Esquire, send Greeting.

We, reposing special trust and confidence in your integrity, prudence and ability, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you, the said John Adams, our Minister plenipotentiary to reside at the Court of his Britannic majesty; and do give you full power and authority there to represent us, and to do and to perform all such matters and things as to the said place or Office doth appertain, or as may by our instructions be given unto you in charge. This Commission to continue in force for the space of three Years from this day, unless sooner revoked.

In Testimony whereof, we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency R. H. Lee, our President, at the City of New York, this day of in the year of our Lord, 1785, and of our Sovereignty and Independence, the Ninth.

0162 150

The United States of America in Congress Assembled. To our trusty and beloved William S. Smith, Esq., send Greeting.

We, reposing special trust and confidence in your integrity, prudence and ability, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint you, the said William S. Smith, Secretary to our legation to his Britannic Majesty. This Commission to continue in force for the space of three Years from this day, unless sooner revoked.

In Testimony whereof, we have caused the Seal of the United States to be hereunto affixed. Witness, His Excellency R. H. Lee, our President, at the City of New York, this day of in the year of our Lord, 1785, and of our Sovereignty and Independence, the 9 th .

Ordered , That the said forms be referred to the Secretary for Foreign Affairs to take order.

The Secretary for Foreign Affairs having also reported a Letter of Credence for Mr. J. Adams,

Ordered , That it be referred back to the Secretary for Foreign Affairs, and that he make out a Letter of Credence for Mr. Adams in the common manner, taking care not to have any reference to former disputes. 1

1 The letter from the Secretary for Foreign Affairs transmitting above forms is in the Papers of the Continental Congress , No. 80, I, folio 159. The drafts of the commissions, bearing the amendments by Congress in Charles Thomson's writing, are on folios 161 and 165. Jay's draft of a letter to King George III is on folio 163. This was not approved by Congress,

The Committee consisting of M r . [Jacob] Read, M r . [Elbridge] Gerry, and Mr. [Charles] Pinckney to whom was referred a Letter of the 29th January, 1785, from the Secretary for foreign Affairs, Report,

That by the Act of Congress of the 22 d . February, 1782, the Secretary for the Department of foreign Affairs is authorised to appoint a Secretary with a Salary of one thousand Dollars a Year, and one or if necessary more Clerks whose Salaries should be five hundred Dollars each per annum.

0163 151

That by a subsequent Act of Congress of the 1 st March, 1782, the Secretary for foreign Affairs is authorised to appoint two under Secretaries, with a Salary to the first of 800 Dollars a Year and to the second of 700 Dollars—and so much of the Act of the 22 d . Feb d ., 1782, is thereby repealed as annexes the Salary of 1000 Dollars to that Appointment.

That the latter Arrangement appears to have taken place, at the Instance of the then Sec y . for foreign Affairs, in order to enable him to take a Gentleman into the Office whom he found very proper, and who declined serving in the Capacity of a Clerk.

That after a Suspension of the Department for foreign Affairs for nine Months, Congress on the 1 st March, 1784, appointed an Under Secretary, who in Obedience to their Orders took charge of the Papers, and has acted in the Office continually since as under Secretary and Clerk without other aid, till the appointment of the present Secretary for foreign Affairs.

Your Committee conceive that when Congress elected the under Secretary he ought to have been entitled to the Salary annexed, at the first Establishment of the Departm t to the Office of under Secretary.

Your Committee therefore recommend that it be

Resolved , That the Act of Congress of the 1 st . Day of March, 1782, authorising the Secretary for foreign Affairs to appoint two under Secretaries be repealed, and that so much of the Act of the 22 d . February, 1782, as was repealed by the said Act of the 1 st March, 1782, be declared to be of full Force and Effect, and so construed and taken from the 1 st Day of March, 1784. 1

1 The report, in the writing of a clerk, is in the Papers of the Continental Congress , No. 25, II, folio 423. According to the indorsement it was read this day and passed April 12.

The Committee to whom was referred the Memorial of J. G. Dericks, report,

That on Nov r ., 1776, J. G. Dericks, rec d . the Commission of a Cap tn . in one of the Pensylv a . Regiments in the Line of the Army.

That on the next Year conceiving the Pay of a Capt n . insufficient he requested an Appointm t . in the Staf Departm t . and was accordingly appointed Dep. Q r . Mast r . under Gen l . Mifflin with the Rank of a Lieut. Col. the Duties of which Office he discharged for some Time.

That on the 16 th . of Oct r ., 1778, M r . Gosuinus Erkelins of Holland, who was then occasionally in Connecticut, formed a Plan of borrowing 0164 152 2 mill ns . Sterl g . in Holland, he proposed that Mr. Diricks should be sent to the United Netherlands to attempt the Loan and proposed to follow himself and take Charge of the Money if any could be obtained. They prevaild on Gov r . Trumbull by a Letter of that date to recommend them and their Scheme to Congress.

It appears by the Letter of Gov r . Trumbull and by a Letter of M r . Erkelens that M r . Diricks proposed to go and return at his private Expence. The ostensible object at that Time was to get Honorary Promotion or some public Character.

That on the 5 th . of Nov r . 1778, M r . Diricks was gratified with the Rank of Lieut. Col. by Brevet as a Testimony of his merit and Services in the Armies of the U. S . and was permitted to return to the Netherlands, but Congress resolved at the same Time that they were not prepared to adopt the Scheme of a Negotiation of a Loan .

That after Col. Dirick's Return from Holland he seems to have altered his Propositions, for instead of serving the U. S. without Reward, he requested Pay though he had not been in their Service, and he was gratified, for on the 29 th . Dec r ., 1779, Congress

Resolved , That—In consideration of the peculiar Circumstances attending the Case of Lieut. Col. Dirick, that Gentleman, receives the Pay and subsistence of a Lieut. Col., in the Army of the U. S. from the date of his Brevet until further orders of Congress .

On the following Year Col. Diricks, seems again desirous of visiting his friends in Holland for on the 12 th . of Aug t . 1780 it was Resolved,

That Col. Diricks have leave of absence, according to his Request till further Order of Congress , and in order to enable him to return Home it appears that on the 18 th . of the same Month he was furnished with a draught on M r . Jay in Europe for 450 Dlrs. on Acco t .

Your Committee observe that on the following year, Col. Diricks seems to have been desirous of returning to the Line of the Army, for they find that on the 17 th May 1781, it was Resolved , That L. C. Diricks, be informed that though Congress have the most satisfactory Proofs of his Zeal and Capacity to serve the U. S. it is impracticable to employ him in the Service of these states consistent with the Arrangen t . of the Army; that his Acco ts . for Pay and subsistence be settled by the Board of Treasury, up to this day, that they take Order for the Paym t . of the Balance that shall be due to him together with a Sum of One Years Pay, and that henceforward he be no longer entitled to pay and Subsistence.

0165 153

Your Committee are therefore of the Opinion, that Col. Diricks has no remaining Claims against the U. S. Congress having long since taken their final Resolutions on that Subject.

As Col. Diricks seems desirous to obtain some certificate which may be of Use to him in obtaining military Rank in his native Country, Your Committee submit the following Resolve,

That the Sec y . at War or in his absence the Sec y . in the War Office be instructed to grant a Certificate to J. G. Diricks Esq r . lately a Lieut. Col. in the Army of the U. S. signifying that he has served the U. S. for some Time in the Line of the Army, and afterwards as an Assistant to the Q r . M r . Gen l .: That as a military Officer he has been justly esteemed for his Bravery and Vigilance, and that in all Cases he has recommended himself by his Zeal, Industry and Integrity. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, II, folio 103. Dericks' memorial is in No. 41, II, folio 573.

The following undated memorandum, in the writing of Hugh Williamson, is on folio 95:

By the Journal of Congress it appears that on the 18 th . May 1778, J. G. Derricks Petition to be appointed Colonel was ordered to lye on the Table 19 th . D' it was dismiss'd.

Nov r . 5 th . 1778, J. G. comply'd Derricks promoted to the Rank of Lieut. Col. by Brevet as a Testimony of his merit and services, and permitted to return to the United Netherlands, at same Time, resolved, that Congress are not prepared to adopt a scheme proposed for negotiating a Loan in the united Netherlands.

Dec r . 23 d ., 1778, Coll. Derrick having informed Congress that on his arrival in Holland he should correspond with Dr. Franklin in Paris and wished that his Name might be mentioned to that Minister, Ordered, that it be comply'd with , Dec r . 28 th ./29 th . 1779. Resolved, that in Consideration of the peculiar Circumstances attending the Case of Lieut. Col. Derick that Gentlemen receive the pay and subsistence of a Lieut. Col. in the Army of the U. S. from the date of his Brevet until further order of Congress .

July 12 th . 1780, Resolved , That Col. Derricks, have leave of absence according to his Request till the further Order of Congress.

July 18 th . Bills of Exchange for 450 Dlrs. drawn on M r . Jay were advanced him on Acco t . of his Pay.

May 17 th . 1781, Resolved , That L. C. Derricks be informed that though Congress have the most satisfactory Proofs of his Zeal and Capacity to serve the U. S. it is impracticable to employ him—that his Pay and Subsistence be settled by the Board of Treasury in Specie Value, and that the Bord of D' [Treasury] take order for paym t . of the Balance due him together with a Sum equal to one Year's Pay. This discharged.

The Committee consisting of M r . [Hugh] Williamson, M r . [Richard Dobbs] Spaight [and] M r . [William] Hindman to whom was referred a Memorial of W m . Burrows beg leave to Report.

0166 154

That from sundry affidavits and Certificates, accompanied by an Act of the Gen l . Assembly of the State of Connecticut it appears that William Burrows was a Soldier in the Third Regm t . of the Connecticut Line. While on Duty he rec d . a wound in his Knee by which he was rendered lame and unfit for Field or Garrison Duty on which Acco t . he was discharged the 10 th . of April, 1783. The wound proving incurable his Leg has since been out off. As said Burrows is certainly disabled in consequence of a wound that he received while he was in the public Service your Committee are of the Opinion that he ought to be and is entitled to the Pension of 5 Dlrs. pr. month allowed by the Act of 23 April, 1782, to disabled Soldiers. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 22, folio 237. The indorsement states that it was read this day. Committee Book No. 191 states that the report was filed, the case being “comprehended in the act of 7 June respecting Invalids.” Burrows' memorial is in No. 41, I, folio 399 and the papers relating thereto are on folios 413–422.

[Report of M r [Jacob] Read, M r R.[obert R.] Livingston, M r [Lambert] Cadwallader.]

The Com: to whom were referred a motion from M r [Jacob] Read, and a motion from M r R[obert] R. Livingston relative to the communication of the measures that Congress have taken to obtain treaties with the barbary powers, Report:

That the Secretary for foreign Affairs be directed to transmit to the Gov rs . or chief executive magistrates of the respective States a copy of the instructions given to the Ministers of these States in Europe as far as they relate to entering into treaties with the States of Barbary, together with such other subsequent resolutions of Congress as have been entered into on that subject excepting however out of such communication any mention of the sum appropriated by Congress for these purposes. 2

2 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 25, II, folio 421. The indorsement indicates that it was read on this day,

The Committee, consisting of Mr. [Hugh] Williamson, Mr. [Joseph Platt] Cooke and Mr. [Abiel] Foster, to whom was refer'd the Memorial of Capt n . Seth Harding, who states that in fitting out the Frigate Confederacy he advanced money to the U. S. which has not hitherto been repaid him. That in the early Part of the War he was very successful in cruizing against the Enemy but he afterwards lost by 0167 155 Depretiation a great Part of the Money he had gain'd. That when he was captured in the Confederacy he lost his Share of the Prizes which he had taken in that Ship.

That the Balance due him for Wages and other Acco ts . is from twelve to thirteen hundred Pounds counting the Doll r . at 7/6 with Interest which Balance he requests may be paid him immediately submit the following Report:

That though Capt n . Harding appears to have been au active and in many Instances a successful Officer there does not appear to be any thing in his Case which gives him a Claim to immediate Payment in Preference to other Officers of the Army or Navy. 1

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress , No. 19, III, folio 47. The indorsement states that it was read this day.

The Com: [Mr. Robert R. Livingston, Mr. James McHenry, Mr. David Howell, and Mr. James Monroe] to whom were ref d the petition of the Inhabitants of the Kaskaskies and its vicinity, and the papers relative thereto, Report,

That the Com r . to be appointed by Congress agreable to their resolution of the of Feb y last, be invested with full power to Examine into the titles and possessions of those Inhabitants of the country whose rights were designed to be saved by the treaty entered into with them by Gen l Clarke; to judge of them upon the best evidence which he can collect, and to be governed therein by the laws and customs which have heretofore prevailed among them, always inclining to support antient possessions against recent claims.

That he cause to be surveyed every tract of land so claimed or possessed, a record of which survey shall be kept in the office of the clerk or register to be appointed for that purpose, which shall be satisfactory evidence of title, unless an appeal is lodged within four (4) months from the time of making such record; in which cause such appeal shall be tried by Courts to be instituted on the future organization of the government of that country.

That he adjust interfering claims among the settlers, subsequent to the date of the aforesaid capitulation, in such mode as he conceives most equitable; that he assign Lands as well to those as to others who shall migrate thither, provided that no Lands be assigned to any other than to settlers, and not more than acres to each family; and that the persons occupying such Lands agree to pay therefor such consideration as Congress may direct, when the federal Land 0168 156 Office shall be opened in such State. That he mark out convenient districts, and summon the inhabitants of each to elect three or more magistrates, who shall be invested with power and authority to hear and determine all civil Controversies not relative to the property in Lands, agreeably to the Laws, usages and customs that prevail in such districts. That the Commissioner, with not less than three of the said magistrates, the whole being summoned and having a right to attend, be a court of criminal jurisdiction; provided that the punishment to be adjudged by the said Court, shall in no case extend to the loss of life, limb or member, except where such punishment might legally have been inflicted by the laws that heretofore prevailed in the late Colony and now State of Virginia; and provided also, that at least three-fourths of the magistrates and the said Commissioner concur in the sentence.

That the Commissioner, with the advice and consent of the above magistrates, appoint executive Officers in the respective districts to carry their decrees into execution.

That he explain to the inhabitants of the said district, such resolutions and proceedings of the United States in Congress, as respect the same, and endeavour to form their habits for the reception of a free republican government.

That he preserve peace with the Indian Nations, not permitting any settlement upon their Lands until a previous purchase has been made from them with all due solemnity.

That he arrange, officer and command the militia of the district, taking such posts as may be necessary for their protection and security. That he make early and accurate returns to Congress, of the nature, advantages and disadvantages of the Country, the number of its inhabitants, their military force, their customs and their dispositions with respect to the United States, their wealth, agriculture and commerce. That he extend his inquiries to the settlements in his vicinity on the Western side of the Missisipi, and make returns to Congress of the result thereof, relative to all the objects abovementioned—

That previous to his entering upon Office, he take and subscribe an oath of fidelity to the United States, and for the true and faithful discharge of the above powers, before the Commanding Officer at fort Pitt, who is empowered to administer the same, and directed to transmit a copy thereof to the Secretary of Congress.

0169 157

That he continue in office three years unless sooner discharged by Congress.

That a Secretary who shall act as register of the said district be appointed by Congress to attend the said Commissioner, and discharge the duties above assigned to the register. That he continue in Office three years unless sooner recalled by Congress.

That the yearly Salary of the said Commissioner be dollars including his expences.

That the yearly Salary of the Secretary including his expences be dollars.

That the Secretary in the war Office furnish the said Commissioner with 25 Men out of those already inlisted, and that the Com r . endeavour to engage them to reenlist for the term of two years. 1

1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 30, folio 483. The indorsement states that it was read on this day and Thursday, March—assigned for consideration; but Committee Book No. 191 has a later note that it was “rendered unnecessary by act of 17 June, 1785.”

March 14: The following committees were appointed:

Of the Week: Mr. J[ohn] Henry, Mr. [William] Grayson and Mr. [James] Monroe.

Mr. [William] Ellery, Mr. [Samuel] Hardy and Mr. [Pierse] Long, on letter of March 11, from Joseph Pennell, commissioner for settling marine accounts, relative to William Henry's petition. It was read this day and is in the Papers of the Continental Congress , No. 31, folio 113. The committee reported March 16.

Mr. [Rufus] King, Mr. [Samuel] Hardy and Mr. [David] Howell, on the memorial of Augustin Prevost, Jr., dated March 11, claiming lands on right of his wife, who was the daughter of Col. George Croghan. It was read this day and is in No. 41, VIII, folio 205. The committee reported May 2.

Mr. [Samuel] Holten, Mr. [Samuel] Hardy, Mr. [William] Ellery, Mr. [William Samuel] Johnson and Mr. J[ohn] Henry, on the letter of J. Davidson and proceedings of the Admiralty court in the case of the sloop Chester and the representation of the Minister of the Netherlands. This business had been referred December 1, 1784, to the committee of that date on the letters from the Ministers of the United States abroad. The membership then was Mr. [Samuel] Holten, Mr. [William C.] Houston, Mr. [Jacob] Read, Mr. Gunning Bedford and Mr. [Samuel] Hardy. The committee of March 14 was discharged March 18 and the business referred to the Secretary for Foreign Affairs.

Mr. [William] Houstoun, Mr. [John] Bull and Mr. [Charles] Pinckney, on the petitions of Job Whipple and Josiah Converse. Reports were rendered April 18. This was a renewal of the committee of December 8, Mr. [Jacob] Read, Mr. [William C.] Houston and Mr. Bull.

Mr. [Samuel] Holten, Mr. [James] Monroe and Mr. [William Samuel] Johnson, on the letter of December 19, 1784, from the War Office regarding courts martial and deserters. The business was, later, referred to the Secretary at War to report. This committee was a renewal of the committee of December 22, 1784, which was Mr. [Jacob] Read, Mr. [Samuel] Holten and Mr. [James] Monroe.

Mr. [James] Monroe and Mr. [Rufus] King, on the letter of September 30, 1784, from the Superintendent of Finance, and his letter of November 1 tendering his resignation. This was a renewal of the committee of January 17. The letter of November 1, 1784, is in No. 137, III, folio 753 and Morris's commission is on folio 751.

Mr. [John] Beatty, Mr. [David] Howell, Mr. [Samuel] Hardy, Mr. [Rufus] King and Mr. [William Samuel] Johnson, on qualifications. This was a renewal of the committee of January 17.

Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [David] Howell, Mr. [Hugh] Williamson and Mr. [Samuel] Hardy, to enquire fully into the proceedings of the Department of Finance, “including the several branches of the same.” See resolve of June 17, 1782.

Mr. [James] Monroe, Mr. R. R. Livingston, Mr. [Samuel] Holten, Mr. [William] Ellery and Mr. J[ohn] Henry, to enquire into the proceedings of the Department of Foreign Affairs and report thereon. See resolve of June 17, 1782.

Mr. [Lambert] Cadwallader, Mr. [Pierse] Long, Mr. [William] Grayson, Mr. [James] McHenry and Mr. [Richard Dobbs] Spaight, to enquire into the proceedings of the Department of War and report thereon. See resolve of June 17, 1782.

Mr. [William] Ellery, Mr. [John] Sitgreaves, Mr. [Abiel] Foster, Mr. [Charles] Pinckney and Mr. [William] Hindman, to enquire into the proceedings of the Marine Department and report thereon. See resolve of June 17, 1782.

Mr. [Zephaniah] Platt, Mr. [Joseph P.] Cook, Mr. [John] Bull, Mr. W[illiam] Henry and Mr. [Joseph] Gardner, to enquire into the proceedings of the Post Office and report thereon. See resolve of June 17, 1782.

Mr. [James] Monroe, Mr. [Samuel] Hardy, Mr. [William S.] Johnson, and Mr. [Rufus] King, to revise the plan of a convention for regulating the powers and privileges of consuls, vice-consuls and agents which has been sent to the Ministers of the U. S. to be proposed to the Court of Versailles and also the letter of September 17, 1784, from Thomas Barclay. This was a renewal of the committee of January 17. Mr. [William] Ellery was added to the committee June 20 and the committee discharged June 24.

Mr. [Hugh] Williamson, Mr. [Samuel] Hardy, Mr. [Samuel] Holten, Mr. [Richard Dobbs] Spaight and Mr. [William] Ellery, on papers respecting the capture of the schooner Good Fortune and condemnation of said schooner by the court of admiralty at Cape Français. This was a renewal of the committee of January 17, and this March 14 committee was renewed August 8.

Mr. [William] Houstoun, Mr. [David] Howell and Mr. [Samuel] Holten, to prepare an ordinance for the better regulating the Post Office. This was a renewal of the committee of February 28 and Mr. [William] Grayson was added to this committee April 8, Mr. [Samuel] Dick May 18, and the committee renewed December 27.

Mr. [Rufus] King, Mr. [William] Pinckney and Mr. [Samuel] Hardy, for repealing the resolve of February 3 “so far as the Com rs are severally bound for the trust reposed in the board.” A report was rendered March 15.

On Qualifications: Mr. [John] Beatty, Mr. [David] Howell, Mr. [Samuel] Hardy, Mr. [Rufus] King, and Mr. [William Samuel] Johnson. This committee was renewed May 2. See ante , January 17.

Committee Book No. 190 .

Also, according to Committee Book No. 190, and the indorsement thereon, the letter from James Read, Secretary of the Marine Office, dated March 7, enclosing a copy of a letter from John Paul Jones, of December 17, 1784, asking for copies of the muster rolls of the Bonhomme Richard and the Alliance , was referred to the Secretary for Foreign Affairs to take order. Read's letter is in the Papers of the Continental Congress , No. 168, I, folio 484, and the copy of Jones' letter is on folio 486.

Also, the committee of November 30, 1784 (Mr. John Bull, Mr. William Ellery and Mr. William Henry) reported on the letters of John Pierce, of November 6, 1784, and of B. Thompson, of November 22, 1784. Committee Book No. 191 states that the report on Pierce's letter was recommitted on April 4.

Also, Mr. [Joseph] Gardner was this day substituted for Mr. [Jacob] Read on the committee of February 7, on the report on Invalids.

Also, on this day, according to Committee Book No. 191, the report on Benjamin Walker's petition was recommitted. The same committee reported again March 28.

Also, according to Committee Book No. 186, a report was rendered on Mr. John Francis Mercer's motion of December 17, 1784. See ante , January 17, 1785 and post , March 15.

TUESDAY, MARCH 15, 1785.

Congress assembled. Present as yesterday.

Resolved , That the resolution of the third day of Feby last, for taking security from the commissioners of the treasury, extend only so far as to compel each of the said commissioners to give security for the due execution of his trust, without 0171 159 being answerable for such acts of the board, or his associates, as he did not consent to or acquiesce in.

Congress resumed the consideration of the report of the committee, on the state of the Southern Indians; and the following paragraph being under debate:

That the Commissioners be authorised to apply to the supreme executive, either of Virginia, North Carolina, South Carolina or Georgia, for 150 men, or such part thereof as they may deem necessary, of their Militia, for the purpose of protecting the Com rs . whilst engaged in concluding the said treaties, 0172 160 And that they be authorised to draw on either of the said states, for a sum not exceeding dollars, to discharge the expense of holding a treaty, including the pay and Subsistence of the guard for the Com rs , and a sum not exceeding dollars, to be expended in Making presents to the Indians, and that the said state have credit for such advance out of the requisition for the year 1786 .

A Motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Richard Dobbs] Spaight, to fill the first blank with “Nine thousand:” And on the question to agree to this, the yeas and nays being required by Mr. [Hugh] Williamson,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, ay ay King, ay Rhode Island, Mr. Ellery, no * Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay ay W. Henry, ay Maryland, Mr. M'Henry, no J. Henry, no no Hindman, ay Virginia, Mr. Hardy, ay Lee, ay ay Grayson, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Bull, ay ay Pinckney, ay Georgia, Mr. Houstoun, ay *

So it was resolved in the affirmative.

The other blanks being filled, and the report being amended, was, on the question, agreed to as follows: 1

1 At this point Benjamin Bankson begins the entries in the Journal.

Resolved , By nine States, That three Commissioners, with the same pay as is allowed to the Commissioners appointed 0173 161 for treating with the Northern Indians, be appointed to treat with the Cherokees and all other Indians southward of them, within the limits of the United States, or who have been at War with them, for the purpose of making Peace with them, receiving them into the favour and protection of the United States, and removing as far as may be all causes of future contention or quarrels.

That the commissioners be instructed as a preliminary, to require that all prisoners of whatever age or sex among the Indians, shall be delivered up, and they are further instructed to demand the Negroes and other property belonging to the Citizens of the United States, which have been captured during the War.

That they be instructed to inform the Indians of the great occurrences of the last War, and of the extent of Country relinquished by the late treaty of peace with Great Britain.

That the Commissioners, previous to their holding any Treaty, shall give due notice of the time and place where it is to be held, to the Supreme Executives of Virginia, North Carolina, South Carolina and Georgia; in order that they may each of them appoint one or more persons to attend during the Treaty, if they think proper.

That the Commissioners be instructed to encourage the Indians to give notice to Congress or some of their Officers, of any designs that may be formed in any neighbouring tribe, or by any person whatever against the peace of the United States.

That the Commissioners be authorised to apply to the Supreme Executive of Virginia, North Carolina, South Carolina or Georgia, for one hundred and fifty men, or such part thereof as they may deem necessary of their Militia, for the purpose of protecting the Commissioners whilst engaged in concluding the said Treaties; and that they be authorised to draw on any 0174 162 of the said States [for a sum not exceeding nine thousand dollars, to discharge the expences of holding the treaties, including the pay of the Commissioners, and the pay and subsistence of the guard for the Commissioners; and a sum not exceeding four thousand dollars, to be expended in making presents to the Indians, and that the said State have credit for such advance out of the requisition for the year 1786.] 1

1 The words in brackets are in Charles Thomson's writing.

Resolved , That Monday next be assigned for the appointment of three Commissioners, to form a treaty or treaties with the Indians in the Southern Department, agreeably to the foregoing Act, for the purposes specified in the same. 2

2 On this day, according to Committee Book No. 190, Mr. [Samuel] Holten was added to the committee of February 7 on Moses Hazen's memorial, in place of Mr. [Elbridge] Gerry.

The Committee appointed to consider whether any, and what measures may be necessary for Congress to adopt in pursuance of their recommendations to the several States of March [April] 18, 1783, beg leave to offer to Congress the following resolutions:

Resolved , That a deputation of members of Congress be appointed to repair to and confer with the Legislatures of Rhode Island and Providence Plantations, New York and Georgia, provided they are now in session, or at their next sessions respectively, to state to them the public embarrassments for want of money, and urge on them the necessity of an immediate compliance with the recommendations of April 18 th . 1783.

Resolved , That a circular letter be written to all the States excepting Delaware urging the necessity of a full and perfect compliance with that part of the System of April 18 th . 1783, which recommends to the States to establish for the term of 25 years substantial and effectual revenues of such nature as they may judge most convenient for supplying their respective proportions of 1,500,000 annually to be appropriated and collected in like manner with the Impost of 5 pr. C t . 3

3 This report, in the writing of a clerk, is in the Papers of the Continental Congress , No. 24, folio 123. It is indorsed in the writing of David Howell, “Report of a committee on Mr. Mercer's motion relative to the impost of five pr. Cn t .” The indorsement by Thomson says it was the report of Mr. [David] Howell , Mr. [James] Monroe, Mr. [Samuel] Holten , Mr. [William Samuel] Johnson and Mr. [John] Beatty , read on this day and on January 27, 1786, recommitted to Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. [Nathaniel] Gorham, Mr. [John Cleves] Symmes and Mr. [Samuel] Livermore. On folio 124 Thomson has copied Mercer's motion of December 17, 1784.

0175 163

The committee of the Week consisting of M r J[ohn] Henry, M r [James] Monroe and [William] Grayson, 1

1 This report, in the writing of John Henry, is in the Papers of the Continental Congress , No. 32, folio 625. It is undated, but from the indorsements on the various petitions considered, seems to have been rendered this day.

Fowler's memorial is in No. 41, III, folio 300; Elliot's is in No. 42, II, folio 426. Both were read this day and referred on April 4 to Mr. [James] McHenry, Mr. [Samuel] Hardy and Mr. [Abiel] Foster. This committee was renewed August 8.

Divine's petition was read on this day. It is in No. 41, II, folio 517.

The petition from the officers of the late American Regiment is in No. 42, VI, folio 113, was read this day and referred to Mr. [John] Bull, Mr. [William] Ellery and Mr. [James] McHenry. This committee had reported, March 14, on John Pierce's letter of November 6, 1784, on this same subject and that report was recommitted to the committee on April 4. The committee was renewed July 20.

Adams' petition was read this day. It is in No. 42, I, folio 59.

March 15: The following committees were appointed:

Mr. [Rufus] King, Mr. R. R. Livingston and Mr. [William] Ellery, on the memorial of Samuel Fraunces. The memorial is dated March 5, 1785, prayed for financial assistance and was read this day. Committee Book No. 191 states that a report was rendered March 28. Fraunces' memorial is in the Papers of the Continental Congress , No. 41, III, folio 292.

Mr. [William Samuel] Johnson, Mr. [Rufus] King and Mr. [Abiel] Foster, on the letter from Lieutenant Augustus Christian George Elholm, of Pulaski's legion, for payment of balance due him. Report was rendered March 21.

Committee Book No. 190 .

Report—

That the Memorials of Alexander Fowler and Daniel Elliot requesting to be paid for their advances to the Troops at P. Fort Pitt be referred to a Committee.

That the Petition of Timothy Divine be referred to the Committee FILES. on Canada affairs.

That the Letter from Col. Smith, requesting to be informed of FILES. the manner in which his Salary is to be paid, be referred to a Committee.

That the Letter from Daniel Elliot, stating that he is engaged on the part of Virginia to run the Western Boundary of pensylvania as far as the Ohio, and that as Congress is interested P. in the remainder of the line, he will continue in their Service if agreeable, be referred to a Committee for opening the Land office.

0176 164

That the Petition of the Officers of the late American Regiment, stating that Doctor Heart the Surgeon of their Regi t . had received, on an order from the paymaster General a Sum of P. Money for the Regimental paymaster, to be applied to the subsistance of the said officers, that on the return of Doctor Heart from Boston and in the absence of the paymaster, they with the approbation of the Doctor distributed to each officer six weeks pay, and gave receipts for so much, as if received of the regimental paymaster which receipts they pray, after considering all the circumstances of their situation and distress, may be allowed by the Comptroller as vouchers to the pay master for the said six weeks pay, be referred to a Committee.

That the petition of William Adams praying for a compensation P. for his losses by the enemy he entered on the files

1 WEDNESDAY, MARCH 16, 1785.

1 At this point the entries are resumed by Charles Thomson.

Congress assembled. Present as yesterday.

A motion was made by Mr. [Rufus] King, seconded by Mr. [William] Ellery, that the following proposition be committed.

That there shall be neither Slavery nor involuntary servitude in any of the States, described in the resolve of Congress of the 23 April, 1784, otherwise than in punishment of crimes, whereof the party shall have been personally guilty: And that this regulation shall be an article of compact, and remain a fundamental principle of the Constitutions between the 13 Original States, and each of the States described in the said resolve of the 23 April, 1784. 2

2 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress , No. 31, folio 327. The indorsement states that it was referred to Mr. [Rufus] King, Mr. [David] Howell and Mr. [William] Ellery, who reported, according to Committee Book No. 190, on April 6.

On the question for commitment, the yeas and nays being required by Mr. [Rufus] King,

0177 165 New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts, Mr. Holten, ay ay King, ay Rhode Island, Mr. Ellery, ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, ay ay W. Henry, ay Maryland, Mr. M'Henry, no J. Henry, ay ay Hindman, ay Virginia, Mr. Hardy, no Lee, no no Grayson, ay North Carolina, Mr. Spaight, no no Sitgreaves, no South Carolina, Mr. Bull, no no Pinckney, no Georgia, Mr. Houstoun, no *

So it was resolved in the affirmative.

Congress proceeded to the election of a Commissioner for carrying into execution the purposes mentioned in the Ordinance of the 23 Dec r ., 1784, in the room of Philip Schuyler, Esq r . who has declined; and, the ballots being taken, Mr. John Brown was elected, having been previously nominated by Mr. [John] Beatty.

The ordinance for ascertaining the mode of locating and disposing of lands in the Western territory, being taken up for a second reading; after debate,

Ordered , That it be referred to a com ee . of a member from each State. 1

1 On this day also, according to Committee Book No. 190, Mr. [Pierse] Long, Mr. [Rufus] King, Mr. [David] Howell, Mr. [William Samuel] Johnson, Mr. R. R. Livingston, Mr. [Archibald] Stewart, Mr. [Joseph] Gardner, Mr. W. Henry, Mr. J[ohn] Henry, Mr. [William] Grayson, Mr. [Hugh] Williamson, Mr. [John] Bull and Mr. [William] Houstoun, were appointed to prepare an ordinance for locating lands in the Western territory. They reported April 12.

0178 166

On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [Elbridge] Gerry, to whom was referred the report of a committee on a letter of 28 March, 1783, from Mr. R. R. Livingston, late secretary for foreign affairs,

Resolved , (by nine States) That the said Secretary is intitled to the sum of fifteen hundred dollars, the Amount of the extra expences beyond his salary for the last six months he continued in Office. 1

1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs. See ante , March 7 and March 31, 1783.

On this day, according to the indorsement, was read a letter of March 10 from Robert Howe, praying for financial relief. It was referred to Mr. [David] Howell, Mr. [Hugh] Williamson, Mr. [Samuel] Hardy and Mr. [Lambert] Cadwallader. They reported April 5 and April 6 the report was read. Howe's letter is in the Papers of the Continental Congress , No. 160, folio 531.

The Committee [Mr. John Bull, Mr. William Ellery and Mr. William Henry] to whom was referred a letter from Charles Stockley setting forth that on the 30 th or 31 st of October after the reduction of Charleston, he was appointed pay master to the Virginia Line, and desiring that Congress would determine what additional pay should be allowed him while he acted in said Capacity,—

Report,

That Charles Stockley should receive the pay allowed to a pay-Master taken from the line by the resolution of Congress of the 27 th of May, 1778, in addition to his pay as officer in the line during the time he Acted as pay-Master to the Virginia line. 2

2 This report, in the writing of a clerk, is in the Papers of the Continental Congress , No. 19, V, folio 433. The indorsement states that it was read this day.

THURSDAY, MARCH 17, 1785.

Congress assembled. Present as before.

Congress took into consideration the report of the com ee ., consisting of Mr. [Elbridge] Gerry, Mr. [Hugh] Williamson and Mr. [Samuel] Hardy, on a Motion for expediting the settlement of public Accounts, and limiting the time for bringing in claims:

0179 167

And the following paragraph being under debate,

Whereas it must conduce to the preservation of public credit and the equal distribution of Justice that the amount of the national debt be ascertained with the utmost expedition, and as delay in the settlement of accounts tends to render them obscure and to encourage frauds by preventing the means of detecting them, Resolved ,

That all persons having unliquidated claims against the United States, be required within twelve Months from the date hereof, to deliver a particular abstract of such claims to some commissioner in the State in which they respectively reside, who is authorised to settle accounts against the United States; And any person or persons, neglecting to deliver their claims as aforesaid, shall be precluded from any adjustment of the same, except at the board of treasury: Provided that in those states where there is no commissioner of Accounts, the citizens of such State or States, shall be allowed one year for delivering their claims, from the time when a Com r shall have been appointed and enter on the duties of his Office.

A Motion was made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [John] Sitgreaves, to strike out “twelve,” and insert “twenty three:” And on the question to agree to this amendm t , the yeas and nays being required by Mr. [Richard Dobbs] Spaight,

New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, no no King, no Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no no Johnson, no New York, Mr. R. R. Livingston, ay W. Livingston, no no Platt, no New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, no Pennsylvania, Mr. Gardner, ay ay W. Henry, ay 0180 168 Maryland, Mr. M'Henry, ay J. Henry, ay ay Hindman, ay Virginia, Mr. Hardy, ay Lee, ay ay Grayson, ay North Carolina, Mr. Williamson, ay Spaight, ay ay Sitgreaves, ay South Carolina, Mr. Bull, no div. Pinckney, ay Georgia, Mr. Houstoun, ay *

So the question was lost.

On the Question to agree to the clause, the yeas and nays being required by Mr. [Richard Dobbs] Spaight,

New Hampshire, Mr. Foster, ay ay Long, ay Massachusetts Mr. Holten, ay ay King, ay Rhode Island, Mr. Ellery ay ay Howell, ay Connecticut, Mr. Cook, ay ay Johnson, ay New York, Mr. R. R. Livingston, ay W. Livingston, ay ay Platt, ay New Jersey, Mr. Beatty, ay Cadwallader, ay ay Stewart, ay Pennsylvania, Mr. Gardner, no no W. Henry, no Maryland, Mr. M'Henry, ay J. Henry, ay ay Hindman, ay Virginia Mr. Hardy, ay Lee, ay ay Grayson, ay North Carolina, Mr. Williamson, ay Spaight, no no Sitgreaves, no South Carolina, Mr. Bull, ay div. Pinckney, no Georgia, Mr. Houstoun, ay *

So it was resolved in the affirmative.

The report being amended, was agreed to as follows:

Whereas it must conduce to the preservation of public credit, and the equal distribution of Justice, that the Amount of the National debt be ascertained with the utmost expedition; 0181 169 and as delay in the settlement of accounts, tends to render them obscure, and to encourage frauds, by preventing the means of detecting them:

Resolved , That all persons having unliquidated claims against the United States, be, and they are hereby required, within twelve Months from the date hereof, to deliver a particular abstract of such claims to some Commissioner in the State in which they respectively reside, who is authorised to settle accounts against the United States; And any person or persons, neglecting to deliver their claims as aforesaid, shall be precluded from any adjustment of the same, except at the board of treasury: Provided that in those states where there is no Commissioner of Accounts, the citizens of such state or states, shall be allowed one year for delivering their claims, from the time when a Commissioner shall have been appointed and enter on the duties of his Office.

That all persons who shall neglect to deliver in a particular abstract of their claims as aforesaid, shall be excluded from the benefit of settlement or allowance.

Resolved , That the commissioners of accounts, appointed under the resolutions of the 27 february, 1782, be, and they are hereby instructed to remove their respective Offices to the place in which Congress resides before the first of May next, except such of them as by special order of Congress have been appointed to settle accounts in some other place. 1

1 See ante , February 28.

17 March : A motion by Mr. R. R. Livingston seconded by Mr. [William S.] Johnson to refer the above [report of the committee on Indian treaties, March 7] to the com ee . to whom was referred an Ordinance for ascertaining the mode of locating lands.

When the question was about to be put the determination thereof was postponed by the State of Pensylvania Rhode Island. 2

2 This memorandum, in the writing of Charles Thomson, is entered on the printed committee report of February 18. It is in the Papers of the Continental Congress , No. 30, folio 249. See post , March 18.

The committee, consisting of Mr. [Samuel] Hardy, Mr. [John] Beatty and Mr. [Elbridge] Gerry, to whom was referred 0182 170 a letter from his Excellency governor Clinton, having reported,

“That in the year 1776, when he commanded a brigade in the continental army, he was applied to by the Commissary general, for advice and assistance in procuring a supply of flour for the American Army: That in consequence of this application he sent an Officer up the North river, for the purpose of making a purchase of five thousand bushels of wheat or an equivalent in flour: That the said purchase was made on his credit, and that in his private character he has made an advance in part payment for the same, and by his private assumpsit remains liable for the residue: That a considerable part of what he advanced, has been reimbursed by the commissary gen l in continental Money, and that the balance now remaining due, and for which he is liable, is, as appears from the note of William Paulding, £1003: 9: 7, New York currency, which with the legal interest, amounts to thirteen hundred and six pounds thirteen shillings and three pence,” thereupon,

Resolved , (by nine States) That the Commissioners of the treasury take Order for the immediate payment of three thousand two hundred and sixty six dollars and 66 ninetieths of a dollar, to his excellency governor Clinton (being the amount of the said sum) and that the said William Paulding, in the settlement of his accounts, be charged with the same.

The Committee [Mr. David Howell, Mr. Elbridge Gerry, Mr. Hugh Williamson, Mr. Samuel Hardy and Mr. Lambert Cadwallader] to whom were referred a letter from Baron de Steuben, dated New York, February 5, 1785, beg leave to submit the following report:

Your committee find a report of a committee of Congress, entered on the journal of December 30th, 1782, in the following words, viz. “That the baron de Steuben was in Europe possessed of respectable military rank, and different posts of honor and emolument, which he relinquished to come to America, and offer his services at a critical period of the war, and without any previous stipulations; that on his arrival he actually engaged in the army in a very disinterested manner, and without compensations similar to those which had been 0183 171 made to several other foreign officers; that under singular difficulties and embarrassments in the department in which he has been employed, he has rendered very important and substantial services, by introducing into the army a regular formation and exact discipline, and by establishing a spirit of order and oeconomy in the interior administration of the regiments, which, besides other advantages, have been productive of immense savings to the United States; that in the commands in which he has been employed, he has upon all occasions conducted himself like a brave and experienced officer. The committee are therefore of opinion, that the sacrifices and services of the baron de Steuben, justly entitle him to the distinguished notice of Congress, and to a generous compensation, whenever the situation of public affairs will admit.” With which report your committee entirely agree, and thereupon recommend to Congress the following resolutions.

Resolved , That the commissioners of the board of treasury, pay to baron de Steuben, late major general and inspector general in the Passed with amendm t . 23 March, 1785 armies of the United States, the amount of two Passed with amendment several liquidated debts due to him from the United States, one of which was due March 21st, 1782, being 6,000 dollars; the other June 10th, 1784, being 1,826.53-90 dollars, together with the interest thereon at the time of payment. [which Payment shall be forwarded made out of the Requisitions for the present Year].

Resolved , That in consideration of the baron de Steuben's having relinquished different posts of honor and emolument in Europe, and rendered to the United States most essential services, he be allowed and paid out of the treasury of the United States, the sum of [Twenty five thousand dollars to be paid by installments in manner hereafter mentioned]. 1

1 This report, in broadside form, with ms. changes by Charles Pinckney and Hugh Williamson, is in the Papers of the Continental Congress , No. 19, V, folio 539. The ms. additions, which are enclosed in brackets above, and also the words lined out, were changes made on March 23 and subsequent dates while the report was under consideration and before it was recommitted. A ms. copy, in the handwriting of a clerk, is in No. 164, folio 266. It was read this day and Wednesday March 23 assigned. The indorsement states that: “23 March part agreed to—Passed March 1785 with amendments. 7 July, 1785 Recommitted.”

On this day, according to Committee Book No. 190, the report of the committee, consisting of Mr. [Samuel] Hardy) Mr. [James] Monroe and Mr. R. [R]. Livingston, on Mr. Monroe's motion “in favour of Mr. [Benjamin] Walker,” was recommitted to them, along with a motion “in favour of Mr. [Hodijah] Baylies and Mr. [David] Cobb.” A report was rendered March 28.

0184 172

The Commee consist g . of Mess rs . [William] Ellery, [Hugh] Williamson, [James] Munroe, [Richard Dobbs] Spaight and [James] M c Henry to whom the Petition of D r . Pellon with its inclosures were committed, beg leave to represent. That D r . Pellon appears to be a refugee from Canada has exhibited an account agst these States to a considerable amount, and that his distresses appear to be so great as to require immediate relief, And thereupon they report, in part, upon his application, That the President draw a warrant upon the Treasurer in favour of D r . Pellon for three hundred sixty dollars for which he is to be charged. 1

1 This report in the writing of William Ellery is in the Papers of the Continental Congress , No. 19, V, folio 67. According to the indorsement it was read this day and passed March 21.

On this day, according to Committee Book No. 190, the memorial of James Willing, praying for a settlement of his accounts, was referred to Mr. [John] Beatty, Mr. [William Samuel] Johnson and Mr. W[illiam] Henry. This committee was renewed June 14.

Also, the Committee consisting of Mr. [William] Ellery, Mr. [Samuel] Hardy and Mr. [Pierse] Long, brought in a report on the letter of March 11, from Joseph Pennell. See ante , March 14.

FRIDAY, MARCH 18, 1785.

Congress assembled. Present, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia and North Carolina; and from Massachusetts, Mr. [Samuel] Holten, and from Delaware, Mr. [Gunning] Bedford.

The report of a com ee ., consisting of Mr. [William Samuel] Johnson, Mr. [James] M'Henry, Mr. [David] Howell, Mr. [James] Monroe and Mr. [Hugh] Williamson, to whom were referred a letter and sundry papers from the Commissioners for negotiating treaties with the Indians, pursuant to the Act of the 15 October, 1783, having been yesterday debated and amended to read as follows:

“That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twightwees, Piankishaw and other western nations, a treaty be held with the said Indians 0185 173 at post Vincent, on the Wabash river, on the 20th day of June, 1785, or at such time or place as the commissioners may find more convenient. That 18,429 pounds weight of beef, 21,047 lb. of flour, and salt in proportion, in addition to the rations now in use at Fort McIntosh, will be necessary for the said treaty; and that the Commissioners of the treasury take order to furnish the same by contract. That the commissioners for holding the aforesaid treaty, purchase such goods as they may judge necessary, in addition to the goods in store at Fort Mcintosh, to an amount not exceeding three thousand dollars; and that they be empowered to draw out of the public Magazines, if they think proper, such a quantity of powder as they may find necessary for the purposes of the treaty.”

That the commissioners of the treasury take order to advance to the Commissioners aforesaid, the sum of three thousand dollars, for which they are to account. That the troops at the Western posts, or so many of them as may be required, be subject to the Order of the aforesaid commissioners for holding the treaty, during the time of the said treaty.

And a Motion having been made by Mr. R[obert] R. Livingston, seconded by Mr. [William Samuel] Johnson, to refer the same to the Com ee ., to whom was referred an Ordinance ascertaining the Mode of locating lands, and when the question was about to be put, the determination thereof being postponed by the state of Rhode Island;

The question to agree to the motion for committing was now put, the yeas and nays being required by Mr. [James] M c Henry,

0186 174 New Hampshire, Mr. Foster, no no Long, no Massachusetts, Mr. Holten, no * Rhode Island, Mr. Ellery, no no Howell, no Connecticut, Mr. Cook, no div. Johnson, ay New York, Mr. W. Livingston, no no Platt, no New Jersey, Mr. Beatty, no Cadwallader, no no Stewart, no Pennsylvania, Mr. Gardner, ay ay W. He