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 SECRET JOURNALS 
 
 THE ACTS AND PROCEEDINGS 
 
 CONGRESS, 
 
 FROM THE FIRST MEETING THEREOF TO THE DISSOLUTION" 
 
 OF THE CONFEDERATION, BY THE ADOPTION 
 
 OF THE CONSTITUTION OF THE 
 
 UNITED STATES. 
 
 Published under the direction of the President of the United States, conformably t" 
 Resolution of Congress of March 27, 1818, and April 21, 1820. 
 
 VOL. I. 
 
 BOSTON: 
 
 PRINTED AND PUBLISHED BY THOMAS B. WAIT. 
 
 1820.
 
 <".
 
 J 10 
 
 A3? 
 
 v v. 
 
 SECRET JOURNALS 
 
 OF THE 
 
 CONGRESS OF THE CONFEDERATION 
 
 DOMESTICK AFFAIRS. 
 
 HISTORY OF THE CONFEDERATION.
 
 RESOLUTION OF CONGRESS OF MARCH 27, 1818. 
 
 Resolution directing the Publication and Distribution of the Journal 
 and Proceedings of the Convention which formed the present Con- 
 stitution of the United States. 
 
 ICesolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That 
 the Journal of the Convention which formed the present Con- 
 stitution of the United States, now remaining in the office of 
 the Secretary of State, and all Acts and Proceedings of that 
 Convention, which are in possession of the government of 
 the United States, be published under the direction of the 
 President of the United States, together with the Secret Jour- 
 nals of the Acts and Proceedings, and the Foreign Corres- 
 pondence of the Congress of the United States, from the first 
 meeting thereof down to the date of the ratification of the de- 
 finitive treaty of peace between Great Britain and the United 
 States, in the year seventeen hundred and eighty-three, ex- 
 cept such parts of the said foreign correspondence as the Pre- 
 sident of the United States may deem it improper at this time 
 to publish. And that one thousand copies thereof be printed, 
 of which one copy shall be furnished to each member ot the 
 present Congress, and the residue shall remain subject to the 
 future disposition of Congress. 
 
 [Approved March 27, 1818.] 
 
 RESOLUTION OF CONGRESS OF APRIL 21, 1820. 
 
 Resolution to authorize the Publication of part of the Secret Journal ot" 
 Congress, under the Articles of Confederation. 
 
 Hesolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That 
 the Secret Journal, together with all the Papers and Docu-
 
 vi RESOLUTIONS OF CONGRESS. 
 
 merits connected with that Journal, and all other Papers and 
 Documents, heretofore considered confidential, of the old Con- 
 gress, from the date of the ratification of the definitive treaty 
 of peace between the United States and Great Britain, in the 
 year one thousand seven hundred and eighty-three, to the 
 formation of the present government, now remaining in the 
 office of the Secretary of State, be published, under the direc- 
 tion of the President of the United States, and that a thou- 
 sand copies thereof be printed and deposited in the library, 
 subject to the disposition of Congress. 
 
 [Approved April 21, 1820.]
 
 ADVERTISEMENT. 
 
 The Secret Journals of the Congress of the Confede- 
 ration, directed by the foregoing resolutions to be pub- 
 lished, are at the Department of State in five manu- 
 script volumes. The Journals of Proceedings relating 
 to Domestick Affairs, are in one separate volume, and 
 the History of the Confederation in another. Of the 
 latter, the projected articles presented by Dr. Franklin, 
 on the 21st of July, 1775; those reported in the hand- 
 writingof J. Dickinson, on the 12th of July, 1776 ; and 
 those reported in a new draft on the 20th of August, 
 1776, by the committee of the whole, were kept secret, 
 and have never before been published. The proceed- 
 ings subsequent to the 8th of April, 1777, when this 
 report of the committee of the whole was taken up 
 and debated in Congress, were published from time to 
 time in the publick journals ; but never having been 
 collected in one compilation, and being scattered 
 through several of the volumes of the publick journals, 
 which are now quite out of print, it has been thought 
 most consistent with the intention of the resolutions to
 
 vni ADVERTISEMENT. 
 
 publish (he whole of this manuscript. The Journal 
 of Foreign Affairs is at the Department in three vo- 
 lumes ; the last of which is not entirely filled, the jour- 
 nal closing on the 16th of September, 1788. On the 
 13lh of the same month the resolution had passed 
 for the organization of the new government, and for 
 the meeting of the Congress under the constitution 
 of the United States on the first Wednesday of the 
 ensuing March. The tenth of October, 1788, was 
 the last day upon which the Congress of the con- 
 federation met in numbers sufficient to form a quorum. 
 
 Department of Slate, August, 1 820.
 
 SECRET JOURNAL. 
 
 DOMESTICK AFFAIRS. 
 
 Philadelphia, Wednesday, May 10, 1775. 
 
 A number of delegates from the colonies of New 
 Hampshire, Massachusetts, Connecticut, New York, 
 New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
 ginia, North Carolina, South Carolina, agreeably to 
 their appointment and the orders received from their 
 respective colonies, met at Philadelphia, viz. — from 
 
 New Hampshire, Mr. John Sullivan, and 
 Mr. John Langdon. 
 
 Massachusetts, Mr. John Hancock, 
 
 Mr. Thomas Cushing, 
 Mr. Samuel Adams, 
 Mr. John Adams, and 
 Mr. Robert Treat Paine. 
 
 Connecticut, Mr. Eliphalet Dyer, 
 
 Mr. Roger Sherman, and 
 Mr. Silas Deane. 
 
 VOL. I. 2
 
 1U 
 
 New York, 
 New Jersey, 
 
 foECRET JOURNAL. 
 
 Mr. Philip Livingston, 
 Mr. J .ir\(v. Diane, and 
 . Bfcr, John AJso». 
 
 Mr. James Kinsey, 
 Mr. Stephen Crane, 
 Mr. William Livingston, 
 Mr. John De Hart, and 
 Mr. Richard Smith. 
 
 [May 10, 
 
 Pennsylvania, 
 
 Delaware 
 
 CoUNTIEb, 
 
 Maryland, 
 
 Mr. Edward Biddle, 
 
 Mr. John Dickinson, 
 
 Mr. Thomas Mifflin, 
 
 Mr. Charles Humphreys, 
 
 Mr. John Morton, 
 
 Mr. George Ross, 
 
 Mr. Benjamin Franklin, and 
 
 Mr. Thomas Willing. 
 
 Mr. Ccesar Rodney, 
 
 Mr. Thomas MTlean, and 
 
 Mr. George Read. 
 
 Mr. Matthew Tilghman, 
 Mr. Thomas Johnson, 
 Mr. William Paca, 
 Mr. Samuel Chase, and 
 Mr. John Hall. 
 
 Virginia, Mr. Peyton Randolph, 
 
 Mr. George Washington, 
 Mr. Richard Henry Lee.
 
 1775.] DOMESTICK AFFAIRS. 11 
 
 Virginia, Mr. Edward Pendleton, 
 
 Mr. Benjamin Harrison, and 
 Mr. Richard Bland. 
 
 North Carolina, Mr. William Hooper, 
 Mr. Joseph Hews, and 
 Mr. Richard Caswell. 
 
 Sowth Carolina, Mr. Henry Middleton, 
 Mr. Thomas Lvnrh, 
 Mr. Christopher Cadsden, 
 M'". John Rutledge, and 
 Mr. Edward Rutledge. 
 
 The memhers being convened in the state house, 
 proceeded to the choice of a President : when upon 
 motion, 
 
 The honourable Peyton Randolph was unanimously 
 chosen President. 
 
 After the President was seated, 
 
 Mr. Charles Thomson was unanimously chosen 
 Secretary. 
 
 Ordered, That the Rev. Mr. Duche be requested to 
 open the Congress with prayers to-morrow morning, 
 and that Mr. Willing, Mr. Sullivan, and Mr. Bland, be 
 a committee to wait on Mr. Duche, and acquaint him 
 of the request of the Congress. 
 
 Adjourned till to-morrow morning, 11 o'clock. 
 
 MAY 19, 1775. 
 
 Congress then resolved themselves into a commit- 
 tee of the whole, to take into consideration the statG 
 of America.
 
 « SECRET JOURNAL. [May 25, 
 
 And after some time spent therein, the President 
 resumed the chair; and Mr. Ward reported from the 
 committee, That they had proceeded in the business; 
 but not having come to a conclusion, desired him to 
 move for leave to sit again. 
 
 Resolved. That this Congress will to-morrow again 
 resolve itself into a committee of the whole to take 
 into their further consideration the state of America. 
 
 MAY 25, 1775. 
 
 The Congress met according to adjournment ; and 
 agreeably to the order of the day, again resolved itself 
 into a committee of the whole, to lake into their fur- 
 ther consideration the state of America. 
 
 And after some time spent therein the President re- 
 sumed the chair; and Mr. Ward reported from the 
 committee, That they had come to certain resolutions 
 respecting New York, which he was desired to re- 
 port; but not having gone through the rest of the 
 business referred to them, the committee desired him 
 to move for leave to sit again. 
 
 Thp resolutions being severally read and agreed to, 
 arc as follows : 
 
 Resolved, That a post be immediately taken, and 
 fortified, at or near King's Bridge, in the colony of 
 New York; that the ground be chosen wilh a parti- 
 cular view to prevent the communication between the 
 city of New York and the country from being inter- 
 rupted by land. 
 
 Resolved, That a post be also taken in the highlands, 
 on each side of Hudson's river; and batteries erected
 
 1775.] DOMESTICK AFFAIRS. J I 
 
 in such manner as will most effectually prevent any 
 vessels passing, that may be sent to harass the inha- 
 bitants on the borders of said river; and that experi- 
 enced persons be immediately sent to examine said 
 river, in order to discover where it will be most advi- 
 sable and proper to obstruct the navigation. 
 
 That it be left to the provincial congress of New 
 York to determine the number of men sufficient to oc- 
 cupy the several posts above mentioned, and also 
 that already recommended to be taken at or near 
 lake George, as well as to guard the city ; provided 
 the whole do not exceed the number of three thousand 
 men, to be commanded by such officers as shall there- 
 unto be appointed by said provincial congress, and 
 to be governed by such rules and regulations as shall 
 be established by said congress until further order is 
 taken by this Congress ; provided also, that if the 
 said provincial congress should be of opinion that the 
 number proposed will not be sufficient for the several 
 services above recommended, that the said congress 
 report their sentiments upon this subject to this Con- 
 gress as soon as may be. 
 
 That it be recommended to the said provincial con- 
 gress, that in raising those forces they allow no boun- 
 ties or clothing ; and that their pay shall not exceed 
 the establishment of the New England colonies. 
 
 That it be further recommended to the provincial 
 congress aforesaid, that the troops to be enlisted do 
 serve until the last day of December next, unless this 
 Congress shall direct that they be sooner disbanded. 
 
 A motion being made for an addition to the forego- 
 ing resolutions, after some debate, the same was re-
 
 14 SECRET JOURNAL. [June 9, 
 
 ferred fill to-morrow, to which time the Congress 
 adjourned. 
 
 JUNE 3, 1775. 
 
 Upon motion, 
 
 Resolved, That a committee be appointed for the 
 pose of borrowing the sum of six thousand pounds, 
 for the use of America ; for the repayment of which, 
 with interest, the Congress will make full and ample 
 provision: And thai the said committee apply the said 
 sum of money to the purchase of gunpowder for the 
 use of the conlincntal army. 
 
 That the delegates for Pennsylvania compose said 
 committee, with power as well to borrow the money 
 as to apply it to the purpose intended. 
 
 JUNE 9, 1775. 
 
 Upon motion, 
 
 Resolved, That this Congress will to-morrow take 
 into consideration the ways and means of raising mo- 
 ney. 
 
 Resolved, That the provincial convention of New 
 Fork be requested to convey, as soon as possible, to 
 Providence in Rhode Inland, or to any port in the 
 government of Massachusetts Bay, five thousand bar- 
 rels of flour for the use of the continental army. 
 
 Resolved, That the committee of correspondence 
 at Providence, and in the government of Massachu- 
 setts Bay, where the said flour may be carried, be 
 desired to receive and forward it to the camp before
 
 1775.] DOMESTICK AFFAIRS. 15 
 
 Boston as soon as may be; and to lodge such part 
 thereof as cannot be immediately sent thither, in pla- 
 ces of security. 
 
 Resolved, That this Congress will make provision 
 for defraying any expense incurred for this service. 
 
 Ordered, That a copy of the above resolves be 
 immediately transmitted by the President, to the con- 
 vention of New York. 
 
 JUNE 10, 1775. 
 
 Resolved, That it be, and it is hereby earnP9tly re- 
 commended to the several colonies of New Hamp- 
 shire, Rhode Island, Connecticut, and the interior 
 towns of Massachusetts Biy, that they immediately 
 furnish the American army before Boston with as 
 much powder out of their town, and other publick 
 stocks, as they can possibly spare ; keeping an exact 
 account of the quantities supplied, that it may be 
 again replaced, or paid for by the continent. This to 
 be effected with the utmost secrecy and despatch. 
 
 JUNE 16, 1775. 
 
 Resolved, That the provincial convention of New 
 York be desired immediately to apply to governour 
 Trumbull, to order the Connecticut troops now sta- 
 tioned at Greenwich, Stanford, and parts adjacent, to 
 march towards New York ; and that part of them oc- 
 cupy such posts upon that island, as the said provin- 
 cial convention shall judge best adapted to prevent 
 the communication between the town and country
 
 M SECRET JOURNAL. [June 19, 
 
 from being cut off; the remainder of the troops to be 
 employed in securing the navigation of Hudson's ri- 
 ver, by erecting batteries at such places as the said 
 convention shall judge most proper to answer that pur- 
 pose. 
 
 JUNE 19, 1775. 
 
 After the words " That no effort in his power shall 
 " be wanting lo serve the American cause," add, but 
 before he entered upon the service, he desired a con- 
 ference with a committee lo consist of one delegate 
 from each of the associated colonies, to whom he de- 
 sired to explain some particulars respecting his pri- 
 vate fortune. 
 
 Whereupon, Mr. Sullivan, Mr. S. Adams, Mr. Hop- 
 kins, Mr. Dyer, Mr. P. Livingston, Mr. W. Living- 
 ston, Mr. Ross, Mr. Rodney, Mr. Johnson, Mr. Hen- 
 ry, Mr. Caswell, and Mr. Lynch, were appointed as 
 a committee to confer with general Lee. 
 
 The committee returned and reported, that they had 
 confered with general Lee, who had communicated to 
 them an estimate of the estate he risked by this 
 service. Whereupon, 
 
 Resolved, That these colonies will indemnify gene- 
 ra! Lee for any loss of property which he may sus- 
 tain by entering into their service, and that the same 
 be done by this, or any future Congress, as soon as 
 such loss is ascertained.
 
 1775.] DOMESTICK AFFAIRS. 17 
 
 JUNE 20, 1775. 
 
 TO GEORGE WASHINGTON, ESQ. 
 
 This Congress having appointed you to be general 
 and commander in chief of the army of the United 
 Colonies, of all the forces raised or to be raised by 
 them, and of all others who shall voluntarily offer 
 their service, and join the said army for the defence of 
 American liberty, and for repelling every hostile inva- 
 sion thereof — you are to repair with all expedition 
 to the colony of Massachusetts Bay, and take charge 
 of the army of the United Colonies. 
 
 FOR YOUR BETTER DIRECTION : 
 
 1. You are to make a return to us as soon as possi- 
 ble of all forces which you shall have under your com- 
 mand, together with their military stores and provi- 
 sions ; and also as exact an account as you can obtain 
 of the forces which compose the British army in Ame- 
 rica. 
 
 2. You are not to disband any of the men you find 
 raised until further direction from this Congress ; and 
 if you shall think their numbers not adequate to the 
 purpose of security, you may recruit them to a num- 
 ber you shall think sufficient, not exceeding double 
 that of the enemy. 
 
 3. In all cases of vacancy occasioned by the death 
 or removal of a colonel, or other inferior officer, \ou 
 are by brevet, or warrant under your seal, to appoint 
 
 VOL. 1. 3
 
 18 SECRET JOURNAL. [June 26, 
 
 another person to fill up such vacancy, until it shall 
 otherwise be ordered by the provincial convention, or 
 the assembly of the colony from whence the troops in 
 which such vacancy happen, shall direct otherwise. 
 
 4. You are to victual at the continental expense, all 
 such volunteers as have joined or shall join the united 
 
 army. 
 
 5. You shall take every method in your power, con- 
 sistent with prudence, to destroy or make prisoners of 
 all persons who now are, or who hereafter shall ap- 
 pear in arms against the good people of the United 
 Colonics. 
 
 G. And whereas all particulars cannot be foreseen, 
 nor positive instructions for such emergencies so be- 
 fore hand given, but that many things must be left to 
 your prudent and discreet management, as occurrences 
 may arise upon the place, or from time to time fall 
 out — you are, therefore, upon all such accidents, or 
 any occasions that may happen, to use your best cir- 
 cumspection ; and, advising with your council of war, 
 to order and dispose of the said army under your com- 
 mand as may be most advantageous for the obtaining 
 the end for which these forces have been raised, mak- 
 ing it your special care, in discharge of the great 
 trust committed unto you, that the liberties of Ameri- 
 ca receive no detriment. 
 
 JUNE 26, 1775. 
 
 Upon motion, 
 
 Resolved, That the delegates of Pennsylvania be 
 appointed irom this Congress to wait on the commit-
 
 1775.] DOMESTICK AFFAIRS. in 
 
 lee of the city, ami to request of them that n supply 
 of powder be immediately furnished for the use of (lie 
 fortifications of Ticondcroga and Crown Point: and 
 sent forward immediately. 
 
 JUNE 27, 1775. 
 
 Resolved, That major general P. Schuyler be di- 
 rected to repair, as soon as conveniently he can. to 
 the posts of Ticonderoga and Crown Point, to exa- 
 mine into the state thereof, and of the troops now 
 stationed there, and how they are supplied with provi- 
 sion and necessary stores ; into the state also of the 
 sloop and other navigation on the lakes; also to ob- 
 tain the best intelligence he can of the disposition of 
 the Canadians and Indians of Canada : that he confer 
 with colonel Hinman and colonel Arnold on the sub- 
 ject of colonel Arnold's letter to this Congress; and 
 report as soon as possible the stale of the whole, as 
 near as it can be ascertained, to this Congress : and 
 that he give orders for the necessary preparation of 
 boats and stores for securing to the United Colonies 
 the command of those waters adjacent to Crown 
 Point and Ticonderoga. 
 
 Resolved, That as governour Carlton is making 
 preparations to invade these colonies, and is instigat- 
 ing the Indian nations to take up the hatchet against 
 them, major general Schuyler do exert his utmost 
 power to destroy or take all vessels, boats or floating 
 batteries preparing by said governour, or by his or- 
 der, on or near the waters of the lakes.
 
 20 SECRET JOURNAL. [July 1, 
 
 Resolved, That if general Schuyler finds it practi- 
 cable, and that it will not be disagreeable to the Ca- 
 nadians, he do immediately take possession of St. 
 Johns, Montreal, and any other parts of the country, 
 and pursue any other measures in Canada which may 
 have a tendency to promote the peace and security of 
 the.se colonies. 
 
 Resolved, That if general Schuyler shall have oc- 
 casion for a larger quantity of ready money and ammu- 
 nition, for carrying on such expedition, than he can in 
 convenient time procure from the provincial conven- 
 tion of the colony of New York, that he do in such 
 case apply to the governour of Connecticut for such 
 supplies as may be necessary, and can be furnished by 
 that colony ; and that governour Trumbull be desired 
 to furnish such supplies; and this Congress will make 
 provision for reimbursing the same. 
 
 JULY 1, 1775. 
 
 Resolved, That general Schuyler be directed not to 
 remove general Wooster, or the troops under his com- 
 mand, from New York; but that he raise as many of 
 the Green Mountain boys, under such officers as they 
 shall choose, with such other men in the vicinity of 
 Ticondcroga as will be necessary to carry into exe- 
 cution the resolutions of the Congress of the 27th of 
 June last, transmitted to him. 
 
 Ordered, That this be transmitted to general Schuy- 
 ler by the President.
 
 1775.] DOMESTICK AFFAIRS. 21 
 
 JULY 11, 1775. 
 
 On motion, 
 
 Resolved, That the delegates from Pennsylvania 
 have liberty to treat with, and employ, fifty hussars, 
 who have been in actual service, and send them for- 
 ward to join the troops before Boston, under general 
 Washington. 
 
 JULY 17, 1775. 
 
 Resolved, That the President write to general 
 Wooster, directing him to send, in the most expedi- 
 tious manner, one thousand of the Connecticut forces 
 under his command to Albany, there to remain en- 
 camped until they shall receive orders from general 
 Schuyler as to their future proceedings. 
 
 Upon motion, 
 
 Resolved, That Mr. Cushing, Mr. Henry, and Mr. 
 Deane, be a committee to confer with Mr. Kirkland, 
 and report what in their opinion is an adequate com- 
 pensation for his services among the Indians. 
 
 The address from the deputies of the several pa- 
 rishes of the islands of Bermuda being again read — 
 
 Ordered, That the President return them an an- 
 swer, acknowledging the receipt of the address, and 
 informing them that it will be considered ; and desir- 
 ing them to send an account of the provisions imported 
 for some years past for the use of the inhabitants of 
 that island ; and also enclose them a copy of a re-
 
 22 SECRET JOURNAL. [July 19, 
 
 solve entered into on Saturday last, respecting the 
 importation of gunpowder, <foc. 
 
 The committer appointed to confer with Mr. Kirk- 
 land brought in their report, which, being taken into 
 consideration, 
 
 Resolved, That there be, and there is hereby al- 
 lowed to the reverend Mr. Samuel Kirkland, three 
 hundred dollars to diseharge the expenses he has been 
 at among the Indians of the Six Nations, to defray the 
 expenses of his journey from and to the Oneida coun- 
 try, and that he receive the same out of the continen- 
 tal treasury. 
 
 And it is hereby recommended to the commission- 
 ers of the northern department, to employ the said 
 Mr. Kirkland among the Indians of the Six Nations, in 
 order to secure their friendship, and to continue them 
 in a state of neutrality with respect to the present 
 controversy between Great Britain and these colo- 
 nies. 
 
 JULY 19, 1775. 
 
 That a company of matrosses be raised in the city 
 of Philadelphia, and sent to Boston. 
 
 That a committee of three be appointed to devise 
 ways and means of raising the above company. 
 
 The committee chosen are Mr. Lynch, Mr. Lee. 
 and Mr. Gadsden. 
 
 That the President be desired to write to the pow- 
 der committees, or committees of safety, in this city 
 and New York (where it said a supply of powder is 
 lately arrived) to forward to the camp as much gun- 
 powder as they can spare.
 
 1775.] DOMESTICK AFFAIRS. 23 
 
 JULY 25, 1775. 
 
 The Congress being informed that a quantity of the 
 continental gunpowder, amounting to about six tons 
 and half, was arrived in this city — 
 
 Ordered, That the delegates of this colony take 
 measures to have it sent under a safe convoy wiih all 
 possible despatch to general Washington, at the camp 
 before Boston. 
 
 That the delegates be empowered to order a detach- 
 ment of the riflemen raised for the continental army, 
 consisting of at least two officers and thirty men, to 
 meet the powder waggons at Trenton, and from thence 
 to escort the same to the camp. 
 
 JULY 27, 1775. 
 
 On motion, 
 
 Resolved, That the sum of twenty-five thousand 
 dollars be paid by the continental treasurers to Reese 
 Meredith, George Clymer, Samuel Meredith, and 
 Samuel Mifflin, merchants, of the city of Philadel- 
 phia; and that the like sum of twenty-five thousand 
 dollars be paid by the said treasurers to Philip Liv- 
 ingston, John Alsop, and Francis Lewis, merchants, 
 of New York, to be by them applied to the purpose 
 of importing gunpowder for the continental armies ; 
 and that they be allowed out of the same five per 
 cent, for their trouble and expenses therein : That 
 they keep all their proceedings, as much as possible, a 
 secret from every other person, but the Congress, and
 
 24 SECRET JOURNAL. [Aug. 1, 
 
 the general of the continental forces for the time be- 
 ing : That they keep up a correspondence with the 
 said general; and make such dispositions of the pow- 
 der they may import, as he shall order. 
 
 JULY 28, 1775. 
 
 The Congress being informed that a quantity of 
 gunpowder belonging to the continent is arrived in 
 some part of New Jersey — 
 
 Ordered, That the delegates of New Jersey do 
 lake care that the said powder be safely conveyed to 
 Dobb's ferry on the North river. 
 
 On motion made, 
 
 Ordered, That the colony of Virginia be supplied 
 with one ton of gunpowder from the next quantity ar- 
 riving here ; and that from the same supply Pennsyl- 
 vania be repaid the powder heretofore borrowed by 
 the Congress, if the same shall not be wanted by ge- 
 neral Washington. 
 
 JULY 29, 1775. 
 
 Two petitions were laid before the Congress re- 
 specting disputes between the people of Connecticut 
 and Pennsylvania, on lands lying on the waters of 
 Susquehanna ; and the same being read — 
 
 Ordered to lie on the table for the perusal of the 
 members. 
 
 AUGUST 1, 1775. 
 
 Resolved, That the sum of two hundred and ninety- 
 three dollars be paid to the delegates of South Caroli-
 
 1775.] DOMESTICK AFFAIRS. 26 
 
 na for the expense and freight of transporting a quan- 
 tity of powder from South Carolina to this place, by 
 order of Congress. 
 
 Resolved, That out of the powder belonging to the 
 continent now in this city, five tons be sent to general 
 Washington, in the speediest and safest manner, by 
 the delegates of the colony of Pennsylvania. 
 
 That out of the next that arrives, the delegates of 
 New Jersey be allowed to purchase one thousand 
 pounds for the use of the western parts of their colo- 
 ny ; and that the delegates of the lower counties on 
 Delaware be allowed to purchase one thousand pounds 
 for the use of said counties. 
 
 That out of the same parcel the quantity of one 
 ton be reserved for North Carolina, to be lodged in 
 the magazine of New York, and delivered to the or- 
 der of the speaker of the assembly, or president of 
 the convention of North Carolina ; provided, the ne- 
 cessity of general Washington and general Schuyler 
 will admit. 
 
 The Congress resumed the consideration of the 
 petitions respecting the disputes between the people 
 of Connecticut and Pennsylvania ; and after some 
 debate, 
 
 Resolved, That the farther consideration of this 
 matter be referred to the next meeting of this Con- 
 gress. 
 
 The Congress having reconsidered a resolve passed 
 the 11th July, respecting the employing of fifty hus- 
 sars — 
 
 Resolved, That the delegates of this province be 
 desired not to proceed in executing said resolve; and 
 vor,. I. 4
 
 26 SECRET JOURNAL. [Sept. 18, 
 
 if any hussars are engaged or enlisted, to discharge 
 the same ; and that the said delegates settle and pay 
 any expenses already incurred in consequence of the. 
 former resolve ; and report their proceeding to the 
 Congress at their next meeting. 
 
 SEPTEMBER 14, 1775. 
 
 Congress resumed the consideration of the letter of 
 the 6th instant, from Messrs. L. Morris and J. Wilson, 
 at Pittsburg. 
 
 Resolved, That the enterprise proposed in their 
 letter be not undertaken. 
 
 SEPTEMBER 18, 1775. 
 
 Resolved, That a secret committee be appointed to 
 contract for the importation and delivery of a quan- 
 tity of gunpowder, not exceeding five hundred tons. 
 
 That in case such a quantity of gunpowder cannot 
 be procured, to contract for the importation of so 
 much saltpetre, with a proportionable quantity of 
 sulphur, as, with the powder procured, will make five 
 hundred tons. 
 
 That the said committee be empowered to contract 
 for the importation of forty brass field pieces, six 
 pounders ; for ten thousand stand of arms, and twenty 
 thousand good plain double bridled musket locks. 
 
 That the said committee be empowered to draw od 
 the treasurers to answer said contracts. 
 
 That the said committee consist of nine, any five of 
 ■\hom to be a quorum.
 
 1775.] DOMESTICK AFFAIRS. 
 
 SEPTEMBER 19, 1775. 
 
 The members chosen for the secret committee — Mr. 
 Willing, Mr. Franklin, Mr. P. Livingston, Mr. Alsop, 
 Mr. Deane, Mr. Dickinson, Mr. Langdon,Mr. M'Kcan. 
 and Mr. Ward, 
 
 SEPTEMBER 21, 1775. 
 
 Ordered, That the President write to general Wash- 
 ington, and direct him to order colonel Thompson im- 
 mediately to send to the Congress an account of the 
 expenditure of five thousand dollars paid him by order 
 of the Congress on the 29th of July, being in advance 
 for the service of a battalion of riflemen under his 
 command. 
 
 The Congress proceeded to the election of a briga- 
 dier general ; and the ballots being examined, it was 
 found that colonel Armstrong and colonel Fry had an 
 equal number of votes* 
 
 SEPTEMBER 30, 1775. 
 
 It being represented to Congress, that from the pre- 
 sent situation of affairs, and the correspondence now 
 carried on through North America, if the rate of 
 postage is lowered, agreeably to the resolution of Con- 
 gress, it is apprehended the proceeds of the office will 
 not support the necessary riders ; and as the people in 
 general are well satisfied with, at least have made no 
 complaints in regard to the rates lately paid for the 
 postage of letters —
 
 2» SECRET JOURNAL. [Oct. 5, 
 
 Resolved, That the resolution of Congress respect- 
 ing the lowering the rates of postage be suspended 
 until farther orders from Congress. 
 
 OCTOBER 3, 1775. 
 
 The committee of claims informed Congress, that 
 there area number of carabines and pistols provided 
 for the hussar company, which the committee of safety 
 for the province of Pennsylvania are willing to take at 
 the first cost. 
 
 Ordered, That they be delivered to the said com- 
 mittee on the terms proposed. 
 
 Resolved, That general Washington may, if he 
 thinks proper, for the encouragement of an attack on 
 Boston, promise, in case of success, a month's pay to 
 the army and to the representatives of such of our 
 brave countrymen as may chance to fall; and in case 
 success should not attend the attempt, a month's pay 
 lo the representatives of the deceased. 
 
 OCTOBER 5, 1775. 
 
 Sundry letters from London being laid before Con- 
 gress — 
 
 Resolved, That a committee of three be appointed 
 to prepare a plan for intercepting two vessels which 
 are on their way to Canada, loaded with arms and 
 powder. 
 
 In the printed resolves of October 5, 1775, before 
 the last paragraph, and after the words " the same
 
 1775.] DOMESTICK AFFAIRS. 23 
 
 " precautions," should be inserted the following para- 
 graph : 
 
 That the encouragement recommended by Congress 
 to be given shall be, on this occasion, that the master, 
 officers, and seamen, shall be entitled to one half of 
 the value of the prizes by them taken, the wages they 
 receive from the respective colonies notwithstanding. 
 
 OCTOBER 9, 1775. 
 
 Resolved, That Mr. Duane do apply to the com- 
 mittee of safety of this province, and request them to 
 lend to the continent one ton of gunpowder to be sent 
 to New York ; and from thence, what of it can be 
 spared to be immediately forwarded to general Schuy- 
 ler, by the convention of New York. 
 
 Ordered, That the delegates for Pennsylvania do 
 receive from the treasurers the gold and silver they 
 have collected, in order that the same may be for- 
 warded to general Schuyler, to-morrow morning, under 
 a proper guard. 
 
 A letter from the convention of New York, enclosing 
 a proposal for procuring gunpowder, was taken into 
 consideration, and referred to the secret committee. 
 
 OCTOBER 10, 1775. 
 
 Resolved, That the silver and gold collected be 
 sent to general Schuyler, with an escort of four of the 
 light horse of this city. 
 
 Adjourned for an hour.
 
 00 SECRET JOURNAL. [Oct. 20, 
 
 EADEM DIE. 
 
 The President reported that he has despatched an 
 express to general Schuyler, with six thousand three 
 hundred and sixly-four pounds, Pennsylvania curren- 
 cy, in silver and gold, equal to sixteen thousand nine 
 hundred and seventy dollars and two-thirds of a dollar, 
 with an escort of four of the light horse. 
 
 OCTOBER 16, 1775. 
 
 Resolved, That Mr. Randolph and Mr. Hopkins 
 be appointed to join Mr. J. Rutledge, in order to con- 
 fer with Mr. J. Macpherson on the subject contained 
 in his letter. 
 
 OCTOBER 19, 1775. 
 
 The committee appointed to confer with captain. 
 Macpherson reported, that they have executed that 
 service 5 and, upon conversing with him, do appre- 
 hend thru the scheme he mentions in his letter is feasi- 
 ble ; and that therefore it would be proper he should 
 repair to the camp. Whereupon, 
 
 Resolved, That captain Macpherson be requested 
 immediately to repair to the camp at Cambridge, and 
 eonfer with general Washington on the subject con- 
 tained in his letter to Congress ; and that the commit- 
 tee who conferred with him do prepare a letter t« 
 lie sent by him to the general, and report the same. 
 
 OCTOBER 20, 1775. 
 Resolved, That an order be drawn on the treasu-
 
 1775.] DOMESTICK AFFAIRS. 31 
 
 rers, in favour of captain John Macpherson, for three 
 hundred dollars. 
 
 OCTOBER 26, 1775. 
 
 It being represented to Congress that a large quan- 
 tity of blankets and shirts remain in the king's stores 
 at New York — 
 
 Resolved, That it be recommended to the conven- 
 tion of New York immediately to take possession of the 
 said blankets and shirts, and forward so many of them 
 as may be necessary to general Schuyler, for the use 
 of the army under his command. 
 
 NOVEMBER 9, 1775. 
 
 Resolved, That every member of this Congress con- 
 siders himself under the ties of virtue, honour, and love 
 of his country, not to divulge, directly or indirectly, 
 any matter or thing agitated or debated in Congress, 
 before the same shall have been determined, without 
 leave of the Congress ; nor any matter or thing deter- 
 mined in Congress, which a majority of the Congress 
 shall order to be kept secret. And that if any mem- 
 ber shall violate this agreement, he shall be expelled 
 this Congress, and deemed an enemy to the liberties 
 of America, and liable to be treated as such ; and that 
 every member signify his consent to this agreement by 
 signing the same. 
 
 NOVEMBER 10, 1775. 
 
 The Congress resuming the consideration of the re- 
 port of the committee on Nova Scotia—
 
 U2 SECRET JOURNAL. [Nov. 29, 
 
 Resolved, That two persons be sent at the expense 
 of these colonies, to Nova Scotia, to inquire into the 
 state of that colony ; the disposition of the inhabitants 
 towards the American cause ; and the conditions of the 
 fortifications, docks, yards, the quantity of artillery 
 and warlike stores, and the number of soldiers, sailors, 
 and ships of war there ; and transmit the earliest intel- 
 ligence to general Washington. 
 
 Resolved, That general Washington be directed, in 
 case he should judge it practicable and expedient, to 
 send into that colony a sufficient force to take away 
 the cannon and warlike stores, and to destroy the 
 docks, yards, and magazines, and to take or destroy 
 any ships of war and transports there belonging to 
 the enemy. 
 
 NOVEMBER 29, 1775. 
 
 After the resolution permitting Downham Newton to 
 export provisions — 
 
 Resolved, That the said Downham Newton give 
 bond, with two sufficient sureties, in a penalty equal to 
 double the value of the cargo he shall have laden on 
 board his vessel, the conditions of which bond shall 
 be, that the said Downham Newton shall, on or before 
 the 15th day of February next, import into the port of 
 Newbern. in the colony of North Carolina, and there 
 deliver to the commanding officer of the continental 
 troops in that colony, good muskets and bayonets, or 
 gunpowder, to the full amount of the proceeds of such 
 cargo; and that, on giving such bond, he shall receive 
 from this Congress a permit, to be signed by the Pre- 
 sident, allowing him to export said cargo.
 
 1775.] DOMESTICK AFFAIRS. 33 
 
 Resolved, That the executing the above business, 
 and taking the bond from Downham Newton, be refer- 
 red to the committee who brought in the report. 
 
 Information being given to Congress that there is a 
 large quantity of powder in the island of Providence — 
 
 Ordered, That the foregoing committee take mea- 
 sures for securing and bringing away the said powder ; 
 and that it be an instruction to the said committee, 
 in case they can secure said powder, to have it 
 brought into the port of Philadelphia, or to some 
 other port as near Philadelphia as can be with safety. 
 
 Resolved, That Mr. Morris be added to the fore- 
 going committee. 
 
 The committee appointed to prepare a letter to the 
 agents, brought in the same, which, being read and 
 debated, was agreed to. 
 
 Ordered, That a fair copy be made out, signed and 
 forwarded. 
 
 N. B. This and former letters to the agents in 
 England, are in Mr. Hancock's (the President's) letter 
 book. 
 
 DECEMBER 4, 1775. 
 
 Information being given to Congress that major Stop- 
 ford, notwithstanding his parole, is endeavouring to 
 debauch the minds of the people — 
 
 Ordered, That the delegates of New Jersey be di- 
 rected to write to the committee of Trenton, and desire 
 them to make inquiry into the conduct and behaviour 
 of major Stopford, and the officers there, and make re- 
 port to Congress. 
 vol. i. 5
 
 34 
 
 SECRET JOURNAL. 
 
 [Jan. 3, 
 
 JANUARY 1, 1776. 
 
 The committee to whom the letters from general 
 Washington and the intercepted letters were referred, 
 brought in a report. Whereupon, 
 
 Resolved, That the seizing and securing the bar- 
 racks and castle of St. Augustine will greatly contri- 
 bute to the safety of these colonics; therefore it is 
 earnestly recommended to the colonies of South Caro- 
 lina, North Carolina and Georgia, to undertake the 
 reduction of St. Augustine, if it be thought practica- 
 ble. 
 
 Resolved,, That a copy of the above resolution, to- 
 gether with copies or extracts of such of the inter- 
 cepted letters as tend to show the state of the fort and 
 garrison at St. Augustine, be transmitted by express 
 to Henry Middleton and John Rutledge, esquires, 
 members of Congress, to be by them laid before the 
 committee directed to meet at Charlestown ; and in 
 case the enterprise be judged practicable, that imme- 
 diate preparations be made by the joint force of the 
 said colonies, viz. South Carolina, North Carolina 
 and Georgia, and the expedition be undertaken without 
 delay, at the expense of the United Colonies. 
 
 JANUARY 3, 1776. 
 
 Resolved, That the committee of safety of the colo- 
 ny of Pennsylvania be requested to furnish colonel 
 Heard with two hundred pounds of gunpowder.
 
 1776.] DOMESTICK AFFAIRS. 
 
 JANUARY 17, 177C. 
 
 A letter from Messrs. P. Livingston, Alsop and 
 Lewis, was read, informing that only four hundred and 
 sixty-two quarter casks of powder had arrived a 4 
 New York. 
 
 JANUARY 24, 1776. 
 
 An account of the repulse our troops met with in 
 their attempt on Quebec, the 31st December, 1775, 
 published by Congress. 
 
 The letters from Canada bring an account of an un- 
 successful attempt made to gain possession of Quebec 
 by storm, on the 31st December last, between the 
 hours of two and seven in the morning. 
 
 The general, finding his cannon too light to effect a 
 breach, and that the enemy would not hearken to terms 
 of capitulation, formed a design for carrying the town 
 by escalade. In this he was encouraged by the exten- 
 siveness of the works and the weakness of the garri- 
 son. Whe/i every thing was prepared, while he was 
 waiting tfee opportunity of a snow storm to carry the 
 design into execution, several men deserted to the 
 enemy. His plan at first was to have attacked the 
 upper and lower town at the same time, depending 
 principally for success against the upper town. But 
 discovering from the motions of the enemy, that they 
 were apprized of his design, he altered his plan ; and 
 having divided his little army into four detachments, 
 ordered two feints to be made against the upper town.
 
 36 SECRET JOURNAL. [Jan. 24, 
 
 one by colonel Livingston, at the head of the Canadians, 
 against St. John's gate; the other by captain Brown, 
 at the head of a small detachment, against Cape Dia- 
 mond ; reserving to himself and colonel Arnold the 
 two principal attacks against the lower town. 
 
 At five o'clock, the hour appointed for the attack, 
 the general, at the head of the New York troops, ad- 
 vanced against the lower town at Aunce de More.* 
 Being obliged to take a circuit, the signal for the at- 
 tack was given, and the garrison alarmed, before he 
 reached the place. However, pressing on, he passed 
 the first barrier, and was just opening to attempt the 
 second, when, by the first fire from the enemy, he was 
 unfortunately killed, together with his aid-de-camp, 
 captain John Macpherson, captain Cheeseman, and 
 two or three more. This so dispirited the men, that 
 colonel Campbell, on whom the command devolved, 
 found himself under the disagreeable necessity of 
 drawing them off. 
 
 In the mean while, colonel Arnold, at the head of 
 about three hundred and fifty of those brave troops, 
 who with unparalleled fatigue had penetrated Canada 
 under his command, and captain Lamb's company of 
 artillery, had passed through St. Roques, and ap- 
 proached near a two gun battery, without being dis- 
 covered. This he attacked ; and though it was well 
 defended for about an hour, carried it with a loss of 
 a number of men. In this attack colonel Arnold had 
 the misfortune to have his leg splintered by a shot, 
 
 * The original appears to be " Aunce de More." Bouchette (vol. i. 
 r. 453) lias " L'Ance des Meres." Whether they mean the same or 
 not is not known.
 
 1776.] DOMESTICK AFFAIRS. 37 
 
 and was obliged to be carried to the hospital. After 
 gaining the battery, his detachment passed on to a 
 second barrier, which they took possession of. By 
 this time the enemy, relieved from the other attacks, 
 by our troops being drawn off, directed their whole 
 force against this detachment ; and a party sallying 
 out f'Otn Palace gate, attacked them in the rear. 
 
 These brave men sustained the force of the whole 
 garrison for three hours ; but finding themselves hem- 
 med in, and no hopes of relief, they were obliged to 
 yield to numbers, and the advantageous situation the 
 garrison had over them. 
 
 No regular return is yet come to hand ; but by the 
 advices received, we learn, that our loss, in killed and 
 wounded, amounts to about sixty, and three hundred 
 taken prisoners, who are treated very humanely. 
 Among the slain are captain Hendricks and lieutenant 
 Humphreys, of the rinVmen, and lieutenant Cooper. 
 
 After this unfortunate repulse, the remainder of the 
 army retired about three miles from the city, where 
 they have posted themselves advantageously, and are 
 continuing the blockade, waiting for reinforcements, 
 which are now on their march to join them. 
 
 Every possible mark of distinction was shown to 
 the corpse of general Montgomery, who was interred 
 in Quebec, on the second January. 
 
 PUBLISHED BY ORDER OF THE CONGRESS. 
 
 The Letter to the Inhabitants of the Province of Canada, 
 
 FRIENDS AND COUNTRYMEN, 
 Our former address to you pointed out our rights 
 and grievances, and the means we have in our power,
 
 jii SECRET JOURNAL. [Jan.24, 
 
 and which we are authorized by the British constitu- 
 tion lo use, in (lie maintenance of the former, and to 
 obtain a redress of the latter. 
 
 We have also shown you, that your liberty, your 
 honour, and your happiness, are essentially and neces- 
 sarily connected with the unhappy contest which we 
 have been forced into for the defence of our dearest 
 privileges. 
 
 We see with inexpressible joy the favourable man- 
 ner in which you have received the just and equitable 
 remonstrances of your friends and countrymen, who 
 have no other views than those of strengthening and 
 establishing the cause of liberty. The services you 
 have already rendered the common cause deserve our 
 acknowledgments, and we feel the just obligation your 
 conduct has imposed on us to make our services recip- 
 rocal. 
 
 The best of causes are subject to vicissitudes; and 
 disappointments ha\e ever been inevitable. Such is 
 the lot of human nature. But generous souls, en- 
 lightened and warmed with the sacred fire of liberty, 
 become more resolute, as difficulties increase ; and 
 surmount with irresistible ardour every obstacle that 
 stands between them and the favourite object of their 
 wishes. 
 
 We will never abandon you to the unrelenting fury 
 of your and our enemies. Two battalions have already 
 received orders to march to Canada, a part of which 
 are now on their route. Six additional battalions 
 are raising in the United States for the same service, 
 and will receive orders to proceed to your province as 
 soon as possible. The whole of these troops will pro-
 
 1776.] DOMESTICK AFFAIRS. 3S 
 
 bably arrive in Canada before the ministerial army, 
 under general Carlton, can receive any succours. 
 Exclusive of the forces before mentioned, we have di- 
 rected, that measures be immediately taken to embody 
 two regiments in your country. Your assistance in the 
 support and preservation of American liberty affords 
 us the most sensible satisfaction; and we flatter our- 
 selves that you will seize with zeal and eagerness the 
 favourable moment to co-operate in the success of so 
 glorious an enterprise. And if more considerable 
 forces should become requisite, they shall not fail 
 being sent. 
 
 At this period you must be convinced that nothing 
 is so essential to guard our interests and liberty as effi- 
 cacious measures to combine our mutual forces, in 
 order that, by such a union of succour and counsels, 
 we may be able to baffle the endeavours of an enemy 
 who, to weaken, may attempt to divide us. To this 
 effect we advise and exhort you to establish associa- 
 tions, in your different parishes, of the same nature 
 with those which have proved so salutary to the United 
 Colonies ; to elect deputies to form a provincial assem- 
 bly ; and that said assembly be instructed to appoint 
 delegates to represent them in this Congress. We 
 flatter ourselves with the prospect of the happy mo* 
 ment when the standard of tyranny shall no longer 
 appear in this land ; and we live in full hopes that it 
 will never hereafter find shelter in North America. 
 
 Signed in the name and by order of Congress. 
 
 JOHN HANCOCK, President. 
 
 Philadelphia, Jan. 24, 1776.
 
 4Q 
 
 SECRET JOURNAL. 
 
 [April 29, 
 
 FEBRUARY 26, 1776. 
 
 Resolved, That Monsieur Mesplet, printer, be en- 
 gaged to go to Canada, and there set up his press, 
 and carry on the printing business; and the Congress 
 engage to defray the expense of transporting him and 
 his family and printing utensils to Canada ; and will 
 moreover pay him the sum of two hundred dollars. 
 
 APRIL 15, 1776. 
 
 Resolved, That the committee for fortifying ports 
 be empowered to write in the name of the Congress, 
 to general Washington, and request him to send a 
 proper person to examine such ports on the coast of 
 New England as they shall direct, and report 
 thereon. 
 
 That the said committee be empowered to employ 
 proper persons to examine the several ports and har- 
 bours on the coast between New York and Delaware 
 Bay, and between Delaware and Chesapeake Bays, 
 and to the southward. 
 
 APRIL 29, 1776. 
 
 Resolved, That the committee appointed to consi- 
 der the state of Indian affairs, in the middle depart- 
 ment, be instructed to prepare a plan of an expedi- 
 tion against fort Detroit, and an estimate of the ex- 
 pense.
 
 1776.] DOMESTICK AFFAIRS. 41 
 
 MAY 3, 177G. 
 
 The committee appointed to prepare an estimate of 
 the expense of an expedition against fort Detroit, 
 brought in their report, which was read : Whereupon, 
 
 The Congress look into consideration the report of 
 the committee on general Washington's letter of the 
 19th April; and, after some debate, the farther con- 
 sideration thereof was postponed, 
 
 MAY 25, 1776. 
 
 The committee appointed to confer with his excel- 
 lency general Washington, major general Gates and 
 brigadier general Mifflin, touching the most proper 
 posts and measures to be taken for preventing the 
 enemy's communication with the upper country from 
 Canada, and such other measures as tend to secure the 
 frontiers, brought in their report, which was taken into 
 consideration ; and thereupon, 
 
 Resolved, That it is of the highest importance that 
 post be taken at Dechambeau, and that the same 
 be fortified ; that works be likewise erected on the 
 islands in the river St. Lawrence, at the mouth of the 
 river Sorrel, as well to keep open the communication 
 between Dechambeau and St. John's, as to prevent 
 the enemy's passing to the upper country, should the 
 forces of the United Colonies be compelled to retreat 
 from Dechambeau. 
 
 That it is highly expedient to engage the Indians in 
 the service of the United Colonies. 
 vol. i. R
 
 42 
 
 SECRET JOURNAL. 
 
 [June 3, 
 
 Resolved, That the farther consideration of the re- 
 port be postponed till Monday next. 
 
 MAY 20, 1776. 
 
 The committee appointed to confer with the gene- 
 brougbt in a further report, which was read: 
 Whereupon, 
 
 Resolved, That an animated address be published to 
 impress the minds of the people with the necessity of 
 now stepping forward to save their country, their free- 
 dom, and property. 
 
 That a committee of four be appointed to prepare 
 the said address. 
 
 The members chosen — Mr. Jefferson, Mr. Wythe, 
 Mr. 8. Adams, and Mr. Rutledge. 
 
 MAY 30, 177G. 
 
 An extract of a letter from a gentleman in Bermuda, 
 dated the 26th April, and continued to the 1st May, to 
 a gentleman in Philadelphia, was presented to Con- 
 gress, and read. 
 
 Ordered, That it be referred to the committee for 
 examining the most proper ports to be fortified. 
 
 JUNE 3, 1776. 
 
 Resolved, That the general be empowered to em- 
 ploy in Canada a number of Indians, not exceeding 
 two thousand.
 
 J776.J OOMESTICK AFFAIRS. 
 
 JUNE 6, 1776. 
 
 Resolved, That the standing committee for Indian 
 affairs be directed to devise ways and means for car- 
 rying into effect the resolution of the third of this 
 month, empowering the general to employ in Canada 
 a number of Indians, not exceeding two thousand. 
 
 The committee to whom was referred an extract ot 
 a letter from a gentleman in Bermuda, dated 26th 
 April, and continued to May 1st, to a gentleman in 
 Philadelphia, brought in their report, which was read ; 
 and the same being taken into consideration — 
 
 Resolved, That the secret committee be instructed 
 forthwith to fit out two fast sailing vessels, and load 
 them with provisions, to be sent immediately to sup- 
 ply the inhabitants of the islands of Bermudas; ami 
 that the committee of secret correspondence be direct- 
 ed to take such measures as they may think proper, 
 by those vessels, to discover the state of those islands 
 and the disposition of their inhabitants ; and that the 
 marine committee be instructed to take such measures 
 as they may think proper for purchasing, manning, 
 arming, and fitting at the said islands, two sloops of 
 war for the service of the United Colonies. 
 
 Resolved, That the remainder of the report lie on 
 the table for consideration. 
 
 JUNE 17, 1776. 
 
 Resolved, That the general to be sent into Canada 
 be directed to view " Point Au fer," and to order a
 
 44 SECRET JOURNAL. [July 8, 
 
 fortress to be erected there, if he should think 
 proper. 
 
 Resolved, That general Washington be permitted 
 to employ the Indians whom he may take into the ser- 
 vice of the United Colonies, pursuant to a resolution of 
 Congress of the 25th of May last, in any place where 
 he shall judjje they will be moM useful ; and that he 
 be authorized to offer th^rn a reward of one hundred 
 dollars for every commissioned officer, and thirt) dol- 
 lars for every private soldii r, of the king's troops, that 
 they 6hall take prisoners in the Indian country, or on 
 the frontiers of these colonies. 
 
 JUNE 24, 1776. 
 
 The committee appointed to consider what harhourg 
 are proper to be fortified, brought in their report, which 
 ivas read and ordered to lie on the tahle. 
 
 Resolved, That the said committee be empowered 
 to draw on the treasurers for a sum of money to defray 
 the expenses of surveying and examining the ports. 
 
 JULY 8, 1776. 
 
 Resolved, That general Washington have permis- 
 sion to call forth and engage in the service of the Unit- 
 ed States, so many of the Indians of the St. John's, 
 Nova Scotia, and Penobscot tribes, as he shall judge 
 necessary ; and that he be desired to write to the 
 General Court of the Massachusetts Bay, requesting 
 their aid in this business, and informing them that Con- 
 gress will reimburse such expenses as may be necessa-
 
 1776.] BOMESTICK AFFAIRS. 46 
 
 rily incurred in consequence of the foregoing resolu- 
 tions. 
 
 JULY 11, 1776. 
 
 Congress are so fully persuaded of the necessity of 
 protecting the frontiers of New York from the incur- 
 sions of the enemy, that they recommend that business 
 to general Schuyler's immediate attention ; and direct 
 that, if the situation of affairs will admit of it, he take 
 proper steps for erecting a fort at Oswego, and build- 
 ing galleys on lake Ontario, and pursue such other 
 measures as may be best fitted to answer the views of 
 Congress. 
 
 That posts be taken and forts erected at Presque 
 Isle, Le Beuf, and Kittanning ; and that a battalion be 
 raised to erect and garrison the sauie. That the com- 
 missioners of Indian affairs in the middle department 
 be directed to inquire what naval force on lake Erie 
 will be necessary to secure to the United States the 
 command of the navigation of that lake ; and report 
 the result of their inquiry as soon as possible to Con- 
 gress. 
 
 JULY 17, 1776. 
 
 Resolved, That the committee appointed on the 
 11th of this month " to make strict inquiry," &c. be 
 directed to apply to the convention of Pennsylvania, 
 now sitting, and request them to appoint a select com- 
 mittee of their body to confer with them on a matter of 
 importance relating to that state.
 
 46 
 
 SECRET JOURNAL. 
 
 [Nov. 27, 
 
 JULY 19, 1776. 
 
 Resolved, That the declaration passed on the 4th, 
 be 'airly engrossed on parchment, with the title and 
 style of — " The Unanimous Declaration op the 
 ;; Thirteen United States of America;" and that 
 the same, when engrossed, be signed by every mem- 
 ber of Congress. 
 
 AUGUST 2, 1776. 
 
 The Declaration of Independence being engrossed, 
 and compared at the table, was signed by the mem- 
 bers. 
 
 Resolved, That the secret committee be empowered 
 to contract with Mr. Mis Lie for the importation of goods 
 to the amount of thirty thousand pounds sterling, at 
 his risk, and fifteen thousand pounds sterling at die 
 risk of the United States of America, for the publick 
 service. That the marine committee be empowered 
 to purchase a swift sailing vessel to be employed by 
 the secret committee in importing said goods. 
 
 NOVEMBER 27, 1776. 
 
 Resolved, That a committee of three be appointed 
 to procure a translation, into the German language, of 
 the treaty between the courts of London and Hesse, for 
 troops to be employed in America. 
 
 That the said committee be fully authorized to pur- 
 sue means the most effectual in their judgment for 

 
 1776.] DOMESTICK AFFAIRS. 47 
 
 communicating to the Hessians the said treaties, and 
 for accomplishing the views of Congress in their re- 
 solves of the 14th and 27th of August last. 
 
 The members chosen — Mr. Wilson, Mr. R. H. 
 Lee, and Mr. S. Adams. 
 
 DECEMBER 2, 1776. 
 
 Resolved, That the committee for establishing ex- 
 presses be directed to send colonel Stewart, or any 
 other officer, express to general Lee, to know where 
 and in what situation he and the army with him are. 
 
 DECEMBER 27, 1776. 
 
 Resolved, That the committee of Congress at Phi- 
 ladelphia be desired to contract with proper persons 
 for erecting at Carlisle, in Pennsylvania, a magazine 
 sufficient to contain ten thousand stand of arms, and 
 two hundred tons of gunpowder; and also for erecting 
 an elaboratory adjacent to such magazine. 
 
 That the council of Massachusetts Bay be desired 
 to contract with proper persons for erecting, in the 
 town of Brookfield in that state, a magazine sufficient 
 to contain ten thousand stand of arms, and two hun- 
 dred tons of gunpowder, and also for erecting an ela- 
 boratory adjacent to such magazine. 
 
 JANUARY 7, 1777. 
 
 Congress resolved itself into a committee of the 
 whole, to take into consideration a proposition for set- 
 ting on foot an expedition against Nova Scotia ; and
 
 4B SECRET JOURNAL. [Jan. 8, 
 
 after some time spent thereon, the President resumed 
 the rhair, and Mr. Nelson reported, 
 
 That the committee have come to a resolution which 
 he was ready to report. 
 
 Ordered, That the report be received. 
 
 The report being received and read — 
 
 Ordered, That it lie on the table till to-morrow. 
 
 t 
 
 JANUARY 8, 1777. 
 
 Congress resumed the consideration of the report 
 from the committee of the whole ; which was agreed 
 to as follows : 
 
 Resolved, That the council of the state of Massachu- 
 setts Bay be desired to attend to the situation of the 
 enemy in the province of Nova Scotia ; and if they 
 are of opinion, that an advantageous attack, in the 
 course of the winter, or early in the spring, may be 
 made on fort Cumberland and the said province, 
 whereby the enemy's dock yard and other works, with 
 such stores as cannot be speedily removed, can be de- 
 stroyed, ihey are hereby empowered to conduct the 
 same in behalf of these United States; to raise, sub- 
 sist and pay a body of men, not exceeding three 
 thousand, under such officers as they shall appoint for 
 carrying on the said expedition; and for this purpose 
 to provide suitable magazines of military and other 
 stores, and convey them to such of the eastern ports 
 of the said state as they shall think best. And they 
 are desired to conduct this affair in the most secret 
 manner that the nature of such an enterprise will ad- 
 mit, and to apply to Congress for a sum of money suf-
 
 1777.] DOMESTTCK AFFAIRS. 
 
 ficiont to accomplish the design which they may form 
 relative thereto. 
 
 Ordered, That a copy of the above be sent by ex- 
 press to the council of Massachusetts Bay ; and that 
 general Washington be informed thereof; and lhat the 
 said resolution, and all debates had thereon, be kept 
 secret till the further order of Congress. 
 
 APRIL 25, 1777. 
 
 A petition from Robert Foster, of the county of 
 Cumberland, in Nova Scotia, with sundry papers en- 
 closed, was read. 
 
 Ordered, That the same be referred to the board 
 of war. 
 
 MAY 13, 1777. 
 
 The board of war to whom their report on the pe- 
 tition from some inhabitants of Nova Scotia was re- 
 committed, brought in a report, which was taken into 
 consideration : Whereupon, 
 
 Resolved, That the council of Massachusetts Bay 
 be requested to consider the case of the inhabitants of 
 Cumberland ami Sunbury counties, in Nova Scotia, 
 who are sufferers by their attachment to the American 
 cause; and to devise and put in execution, at conti- 
 nental expense, such measures as the said council 
 shall think practicable and prudent, for the relief of 
 the said sufferers; and to enable such of them as may 
 be desirous of removing to a piare of greater safety, 
 to bring off their families and effects. And the said 
 
 VOL. T. 7
 
 .0 SKCRET JOURNAL. [July 3, 
 
 il is hereby authorized to raise a number of men } 
 
 if necessary, for thai Bervice, not exceeding five hun- 
 
 uch places as will least interfere with the 
 
 their quota of troops for the continental army. 
 
 JULY 3, 1777. 
 
 The committee to whom the letter from David Hall 
 and others, with the papers accompanying the same, 
 were referred, reported — 
 
 Th it they have attended to the business given them 
 in charge, and have received the following informa- 
 tion : 
 
 " That a considerable part of the inhabitants of 
 -ex county, in the state of Delaware, have, ever 
 " since the commencement of the present controversy 
 " ci ith Great Britain, acted as enemies to the American 
 " cause, and are now unfriendly and disaffected to the 
 " constitution and government of that state, and to the 
 " independence of the United States ; that an open 
 " and avowed intercourse has been kept up by the 
 iffected in the county aforesaid with the British 
 u ships of war, by means of which intelligence has 
 " from lime to time been given, and frequent supplies 
 " of provisions have been afforded to the enemies of 
 "the United States; that the disaffected in the said 
 " county keep up a constant correspondence with those 
 " ot the same character in the counties of Worcester 
 " and Somerset, in the state of Maryland ; that some 
 " of them have promised to conduct British sailors to 
 " the houses of the well affected, that they might be 
 "taken; that it is probable that enterprises of this
 
 1777.] DOMESTICK AFFAIRS. 
 
 " kind will be attempted to be put in execution ; thru 
 " one person has already been taken in this way, and 
 " put in irons ; that considerable numbers of men bave 
 " been recruited tor the enemy in Sussex county, and 
 " have been sent to New York ; that the militia offi- 
 " cers in that county have generally resigned, and 
 " the laws of the state of Delaware for punishing trea- 
 " sons and disaffection are rendered altogether inef- 
 " fectual by the insolence, and the numbers of the 
 " disaffected ; that a very large sum of counterfeit con- 
 " tinental money has been brought from the enemy's 
 a ships into the said county, part of which has been 
 " circulated among the inhabitants; that there is the 
 " greatest reason to apprehend that if the enemy were 
 " to gain the smallest advantage of the army of the 
 " United States, and the English fleet should appear 
 " upon the coasts, there would be a general insurrec- 
 " tion in that county in favour of the British king ; 
 " that in May last the president of the state of Dela- 
 " ware sent commissioners to inquire into the state of 
 " the county of Sussex, and ordered them to make re- 
 " port of any treasonable practices they might be 
 " able to discover among the inhabitants of the said 
 " county; that a report mentioning the disaffection and 
 " treasonable practices, which the said commissioners. 
 " from the best information they could receive, and 
 " such observations as they had an opportunity of mak- 
 " ing, believed to prevail in the said county, was ac- 
 " cordingly made ; that the assembly of the state of 
 " Delaware met a few days after the report was made, 
 " but adjourned without any proceedings being had 
 " thereon :" Whereupon,
 
 52 SECRET JOURNAL. [Aug. 19, 
 
 Resolved, That the regiment of continental troops 
 nou in I ho slate of Maryland, under the command of 
 colonel Richardson, be immediately ordered to march 
 into the county of Sussex, in the state of Delaware, 
 to overawe and disarm the disaffected in that county ; 
 to put a stop to the intercourse which they carry on 
 with the enemy, by securing all the water craft, and 
 by every other measure which colonel Richardson 
 shall deem necessary ; and to apprehend, detain, and 
 secure the leaders in such highly criminal practices. 
 
 AUGUST 19, 1777. 
 
 Congress taking into consideration the letter from 
 governour Henry, ol Virginia, to the delegates of that 
 state in Congress, representing the behaviour of lieu- 
 tenant colonel Carrington, of colonel Harrison's corps 
 of artillery — 
 
 Resolved, That the behaviour of lieutenant colonel 
 Carrington towards governour Henry, as set forth in 
 overnoijr's letter of the 8th instant to the dele- 
 gat- s of Virginia, is highly indecent and reprehensi- 
 ble; and that unless the said lieutenant colonel Cnr- 
 rington, in the space of five days after being notified 
 of this resolution, make such concessions to the gover- 
 nour as he and die council of that state shall approve 
 of, colonel Carrington be dismissed from the service 
 of the United States. 
 
 See act twenty-third May, 1778.
 
 1777.] DOMESTICK AFFAIRS. 68 
 
 DECEMBER 3, 1777. 
 
 Instructions to the Commissioners for Indian Affairs, 
 in the Northern Department. 
 
 The glorious successes of our arms in the north, 
 and the severe chastisement which the unfriendly In- 
 dians have received, will dispose the Six Nations to 
 dread our resentment and to value our protection. 
 While they are under these impressions will be the 
 proper season to urge them to some decisive enter- 
 prise which will effectually tie them to our cause, and 
 promote the publick service. Congress have there- 
 fore sent them a speech which is to be communicated 
 to the different nations ; and their feelings upon it at- 
 tentively watched, and every possible advantage de- 
 rived to the States from favourable circumstances. 
 
 Congress at present have two great objects in view 
 from their assistance. 
 
 First. As the Ottawas, Chippawas, Wiandots and 
 Mingoes, at Pluggy's town, are now actually carrying 
 on a predatory war against the inhabitants of the wes- 
 tern frontiers of Virginia and Pennsylvania, the Six 
 Nations are to be prevailed upon to oblige them im- 
 mediately to desist. In case of refusal, to declare 
 war against them, and surprise and destroy their 
 towns. If the latter plan should be agreed to, they 
 will be aided by general Hand, should that be conve- 
 nient. 
 
 Second. They are to be induced to surprise Niaga 
 ra ; which will be practicable, if the Senccas heartily
 
 54 SECRET JOURN\L. [Dee. S, 
 
 embrace the measure, and it is conducted with pru- 
 dence and secrecy. 
 
 These are capital objects, in the execution of which 
 groat circumspection is necessary, and especially in 
 broaching them to the Indians. And they therefore 
 will demand the utmost attention of the commissioners. 
 
 Resolved, That Mr. Duane be requested to confer 
 with the commissioners for Indian affairs in the nor- 
 thern department ; and to give them every aid and 
 assistance in his power in their deliberations, confe- 
 rences, and treaties with the Indians. 
 
 Whereas the destroying the enemy's shipping at St. 
 John's, or elsewhere, on lake Champlain, during the 
 winter season, is an enierprise of the utmost impor- 
 tance, and there being a great prospect of success, pro- 
 vided it can be conducted with prudence, resolution 
 and secrecy : — Therefore, 
 
 Resolved, That James Duane, Esq. delegate from 
 New York, who has leave of absence, and is about to 
 return home, be authorized and directed, in a personal 
 conference, to communicate the enterprise to brigadier 
 general Stark, who is appointed to the command, and 
 to consider with him of the best and most practicable 
 means for its accomplishment. 
 
 That brigadier general Stark be authorized, with 
 the utmost secrecy, to selector raise a competent num- 
 ber of volunteers for this service; and to receive from 
 the commanding officer of the northern department a 
 sufficient quantity of military stores, carriages, and 
 provisions, or, if more convenient, to hire carriages, 
 and to purchase provisions; and that the sum of five 
 thousand dollars for those and other contingent ex-
 
 1777.] DOMESTICK AFFAIRS. 55 
 
 penses be advanced, out of the military chest in the 
 said department, to him or his order, for the expendi- 
 ture whereof he is to be accountable. 
 
 That if the enterprise prove successful, the sum of 
 twentv thousand dollars shall be paid to the said bri- 
 gadier general Stark, and his officers and men, to be 
 divided among thorn in proportion as the pay of conti- 
 nental officers and men bears to each other, as a re- 
 ward for their services, and in full satisfaction of all 
 wages and claims, or in such proportions, more advan- 
 tageous to the privates, as the general and his officers 
 shall ascertain. But if stipulated wages should be 
 preferred to the chance of such reward, the general 
 shall be at liberty to retain the officers and men at 
 double continental pay and rations, during the expedi- 
 tion, in consideration of the inclemency of the season 
 and the importance of the service. 
 
 That brigadier general Stark be engaged to keep 
 secret the said enterprise, and not to communicate it, 
 until the nature of the operation shall render it ne- 
 cessary. 
 
 That a warrant in the words following, subscribed 
 by the President, be transmitted to general Stark : 
 
 " In Congress, Yorktown, December 3, 1777. 
 
 " Whereas brigadier general Stark is appointed to 
 " command a secret expedition during the winter sea- 
 " son, you are therefore directed and required, upon 
 " his order, to supply him with such sums of money, 
 " not exceeding five thousand dollars, and such car- 
 u riages, military stores, and provisions, as he may 
 " require, taking his vouchers for the same, and for
 
 ft SECRET JOURNAL. [Dec. 4, 
 
 " which he is to" be accountable by order of Con- 
 H gross. 
 
 " To the Commanding Officer, Paymaster, Quar- 
 " tcrmastcr, and Commissaries of Stores and 
 " Provisions in the Northern Department." 
 
 That if, from any unforeseen accident, general 
 Stark shall be unable, or unwilling, to engage in the 
 saiu enterprise, the commanding officer in the northern 
 department be, in such case, authorized and directed, 
 to appoint some other brave and diligent officer to the 
 said command ; and that the officer so commanding 
 shall have the same powers, and, with the officers and 
 men, the same reward or pay as are before proposed. 
 
 That all officers in the service of the United States 
 be required, and all civil officers and others requested, 
 to give every aid and assistance in their power for 
 forwarding and securing the success of the said enter- 
 pris . 
 
 Congress proceeded to the election of two commis- 
 sioners for auditing claims at the board of treasury ; 
 and the ballots being taken, 
 
 JAMES MILLIGAN and 
 
 WILLIAM TURN BULL, Esquires, were elected. 
 
 DECEMBER 4, 1777. 
 
 Resolved, That the commissioners for Indian affairs, 
 in the northern department, be authorized to offer the 
 Indians, whom they may engage to undertake the re- 
 duction of the fort and garrison oi Niagara, such re- 
 ward, whether of money, or goods, as they may think
 
 1773.] DOMESTICK AFFAIRS. 57 
 
 adequate to the purpose, having in contemplation as 
 well the economy necessary to be observed, as the 
 importance of the object ; and, for this purpose, that 
 they may have authority to draw on the military chest 
 in the northern department for a sum not exceeding 
 fifteen thousand dollars ; and also to receive out of the 
 puhlick stores in the northern department such a rea- 
 sonable quantity of ammunition for the use of the said 
 nation as may, in the opinion of the said commis- 
 sioners, be necessary to promote the publiek service. 
 Resolved, That if the commissioners for Indian af- 
 fairs in the northern department cannot engage the In- 
 dians to undertake the enterprise against Niagara, un- 
 less a promise is previously made that the fort, if 
 taken, shall be entirely dismantled ; in such case they 
 be authorized to make this convention. 
 
 JANUARY 28, 1778. 
 
 Resolved, That the marquis de la Fayette, or the 
 general officer commanding the irruption into Canada, 
 be furnished with bills of exchange, drawn by the 
 President of Congress on the commissioners of the 
 United States in France, to the amount of thirty thou- 
 sand French livres. The said sum to be by him ap- 
 plied in such manner, as his own prudence may sug- 
 gest, and the exigencies of affairs shall render condu- 
 cive to the publiek interest. 
 
 FEBRUARY 2, 1778. 
 
 A report from the board of war was read : Where- 
 upon, 
 
 vol. r. 8
 
 tj SECRET JOURNAL. [Feb. 2, 
 
 Resolved, That general Washington he informed, 
 thai in compliance with the request of the marquis de 
 la Fayette, Con grew arc willing that major general 
 M' Doug A I should proceed on the intended incursion 
 into Canada, if the state of hi* health will admit of it ; 
 but If not. that the baron de Kalb be directed to follow 
 the marquis on the said expedition, in case general 
 Washington shall think it proper. That it is not, 
 however, the intention ol Congress that the marquis 
 .should be detained, till general M'Dongal's intention 
 can be known, as the success of the expedition de- 
 pends upon its being executed without loss of time. 
 
 That in compliance with the request of the marquis 
 de la Payette, commissions be granted to the follow- 
 ing French gentlemen, who have produced to the 
 board of war credentials of their rank and military 
 merit in the French service, and are moreover recom- 
 mended by the marquis to be employed under him, 
 agreeably to their respective ranks in the intended 
 incursion into Canada ; the said officers to be appoint- 
 ed to the command only of such Canadians as may be 
 embodied in Canada : viz. 
 
 Monsieur Jimat, at present aid-de-camp to the mar- 
 quis de la Fayette, to be appointed Lieutenant colonel; 
 
 Mr. de Vrigny io be appointed Lieutenant colonel: 
 
 Chevalier de Pont Gibant, Major ; 
 
 Mr. de Sigonie. - - Captain; 
 
 Mr. de Lomagne, - Captain; 
 
 Baron du Frey, - - Captain.
 
 1778.] DOMESTICK AFFAIRS. 
 
 FEBRUARY 7, 1778. 
 
 It being represented to Congress that lieutenant 
 colonvl Flewry, whom the marquis dc la Fayette is 
 desirous of taking with him into Canada, is notable to 
 proceed on the journey for want of a horse, he having 
 lost three horses in d iff* rent actions during the course 
 of last campaign — 
 
 Ordered, That a wairant issue on the treasurer in 
 favour of lieutenant colonel Flewry for two hundred 
 dollars. 
 
 FEBRUARY 11, 1778. 
 
 Resolved, That major de Buisson, who is going into 
 Canada, be promoted to the rank of lieutenant colo- 
 nel, to be appointed to the command only of such Ca- 
 nadians as may be embodied in Canada. 
 
 FEBRUARY 16, 1778. 
 
 Ordered, That the letter of the 11th from the com- 
 mittee at camp, respecting the irruption into Canada. 
 be referred to the board of war, who are directed to 
 report specially thereon, and to lay before Congress a 
 copy of the orders given to the officers commanding 
 the irruption. 
 
 FEBRUARY 23, 1778. 
 
 Sundry letters and papers being transmitted to Con- 
 gress by the board of war, the same were read.
 
 fiu 
 
 SECRET JOURNAL. 
 
 [Feb. 24, 
 
 Ordered, That they be referred to a committee of 
 four; and that the committee collect the best informa- 
 tion they can relative to the irruption into Canada, 
 and lay the same before Congress as soon as pos- 
 sible. 
 
 The members chosen — Mr. Wolcott, Mr. Lee, Mr. 
 Ellery, and Mr. M-Kean. 
 
 FEBRUARY 24, 1778. 
 
 The committee to whom were referred the letters 
 and papers from the board of war, brought in a re- 
 port, which was taken into consideration : Where- 
 upon, 
 
 Resolved, That the board of war instruct the mar- 
 quis de la Fayette, who is charged with an expedition, 
 or irruption into Canada, that considering the length 
 of the route into that country in an inclement season, 
 he be particularly attentive to have his men well 
 clothed, and so supplied with provisions as effectually 
 to guard against any misfortune, which might happen 
 for want of these necessary articles ; and in case he 
 shall fail of obtaining forces, which he shall judge 
 competent, or supplies sufficient for them, that he 
 carefully attend to these contingencies, and regulate 
 his conduct according to the probability of success, 
 without exposing his troops to any very great, or 
 very apparent hazard ; and report the reasons of his 
 conduct to the board of war and to Congress.
 
 1778.] DOMESTICK AFFAIRS. CI 
 
 MARCH 2, 1778. 
 
 The committee to whom were referred the letters 
 and papers from the board of war, respecting the 
 northern department, brought in a report, which was 
 taken into consideration ; and thereupon Congress 
 came to the following resolution. 
 
 Whereas, it appears from authentick accounts, that 
 difficulties attend the prosecution of the irruption or- 
 dered to be made into Canada under the conduct of 
 the marquis de la Fayette, which render the attempt 
 not only hazardous in a high degree but extremely im- 
 prudent — 
 
 Resolved, That the board of war instruct the mar- 
 quis de la Fayette to suspend, for the present, the in- 
 tended irruption ; and at the same time inform him, 
 that Congress entertain a high sense of his prudence, 
 activity and zeal ; and that they are fully persuaded 
 nothing has, or would have been wanting on his part, 
 or on the part of the officers who accompanied him, 
 to give the expedition the utmost possible effect. 
 
 MARCH 13, 1778. 
 
 Whereas Congress have judged it proper that the 
 irruption ordered to be made into Canada should be 
 suspended, and have directed the board of war to in- 
 struct the marquis de la Fayette to that purpose ; and 
 whereas it appears that the service and presence of 
 the marquis de la Fayette and the baron de Kalb are 
 necessary at the grand army —
 
 C2 SECRET JOURNAL. [April 10, 
 
 Resolved, That general Washington he authorized 
 to order major general the marquis de la Fayette, and 
 major general the baron de Kalb, to join the main ar- 
 my without delay. 
 
 MARCH 14, 1778. 
 
 A letter of the 13th from the board of war was read, 
 recommending major Mullens, aid-de-camp of general 
 Conway, to have a commission of lieutenant colonel to 
 command in Canada only, as was ordered respecting 
 other foreign officers lately gone to the northward. 
 
 Question put to agree thereto, passed in the ne> 
 gativc. 
 
 APRIL 10, 1778. P. M. 
 
 A motion was made to adjourn, it being 10 o'clock. 
 
 Question put, nine states being present. 
 
 While the states were calling, Mr. Burke, repre- 
 senting the slate of North Carolina, after voting in the 
 affirmative, declared the states might vote as they 
 pleased, he would upon his honour adjourn himself; and 
 thereupon he immediately withdrew, by which means 
 Congress could not proceed to business. 
 
 Mr. Langworthy, the delegate representing Georgia. 
 having also withdrawn — 
 
 Ordered, Thai the messenger wait on the members, 
 and desire them to attend Congress. 
 
 The messenger returned, and reported, That he had 
 delivered the message of Congress lo the members. 
 That Mr. Langworthy replied he would return pre-
 
 1778.] DOMESTICK AFFAIRS. «S 
 
 sently. That Mr. Burke replied, " Devil take him if 
 " he would come; it was too late and too unrea- 
 " sonable." 
 
 Mr. Langworthy attended, and declared that when 
 he withdrew, he thought Congress was adjourned ; and 
 under that opinion he withdrew. 
 
 Adjourned to 9 o'clock, to-morrow. 
 
 APRIL 11, 1778. 
 
 A motion was made,, that the minute made by the 
 secretary last evening, relative to the manner in which 
 Congress was prevented from proceeding on business, 
 be entered on the journal as of last evening. 
 
 Whereupon it was moved, that the consideration of 
 this matter be postponed to Monday next. And the 
 yeas and nays being required — 
 
 Massachusetts Bay 
 
 Mi- 
 Mr 
 Mr. 
 
 . Dana, 
 . Gerry, 
 
 Lovell, 
 
 No. 
 Av. 
 
 No. 
 
 ( No 
 
 Rhode Island, 
 
 Mr. 
 
 Kllery, 
 
 Ay. 
 
 )>Ay. 
 
 Connecticut, 
 
 Mr, 
 
 Mr. 
 
 Huntington, 
 Dyer, 
 
 No. 
 
 No. 
 
 1 No 
 
 New York, 
 
 Mr. 
 
 Duer, 
 
 No. 
 
 >x 
 
 New Jersey, 
 
 Mr. 
 
 Scudder, 
 
 No. 
 
 >.No 
 
 Pennsylvania, 
 
 Mr. 
 
 Reed, 
 
 Av. 
 
 
 Mr. Robf-rdpau, No. > No. 
 Mr. J. B. Smith, No.)
 
 64 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 SECRET JOURNAL. 
 
 [April 11, 
 
 Mr. Chase, 
 
 No. 
 
 Mr. Forbes, 
 
 No. 
 
 Mr. Henry, 
 
 Ay. 
 
 No. 
 
 Mr. F. L. Lee gave no answer. 
 
 Mr. Harnet, Ay. 
 
 Mr. Burke gave no answer. 
 
 Mr. Laurens, 
 Mr. Drayton, 
 
 Mr. Langworthy, Ay. )>Ay. 
 
 Georgia, 
 
 So it passed in the negative. 
 
 The minute being read and amended — 
 
 Ordered, That the same, as amended, be entered on 
 the journal as of last evening. 
 
 Ordered, That Mr. Burke be furnished with a copy 
 of the minute relative to the manner in which Con- 
 gress was last evening prevented from proceeding on 
 business ; and that he be allowed till Monday next to 
 answer. 
 
 Mr. Burke having, in the course of the debate this 
 morning upon his conduct last evening, declared, 
 " That he will not submit to a tyranny of a majority of 
 " this Congress, which would keep him here at unrea- 
 " sonable hours ; that he wished to know the power of 
 " Congress over their members ; that he will attend at 
 " times he thinks reasonable, but will not attend at 
 li times he thinks unreasonable, unless by force on his 
 " person" — He admitted the answer reported by the 
 messenger; but, that on his absence last evening, the 
 members ceased to be a body, and therefore he was
 
 1778.] DOMESTICK AFFAIRS. $5 
 
 guilty of no rudeness to Congress ; and if he was guilty 
 of an affront, it was to individual members, and re- 
 quired another kind of apology ; that he was not con- 
 vinced he had done any wrong; was not disposed to 
 make any kind of apology; and if he had been guilty 
 of improper behaviour, he will answer to his state. 
 That he was yesterday evening unwell, and not able 
 to attend without prejudice to his health. 
 
 Ordered, That Mr. Burke be furnished with a copy 
 of the foregoing expressions, used by him in the course 
 of the debate, and minuted; and that he be allowed to 
 Monday next to answer thereto. 
 
 EADEM DIE. P. M. 
 
 The member from North Carolina having offered a 
 paper to Congress, as his answer to the charge against 
 him, a debate thereon ensued, in which the same mem- 
 ber, having made use of expressions which were deem- 
 ed exceptionable, as charging Congress with a combi- 
 nation against him, he was called to order ; whereupon 
 he said, " I do believe, that that gentleman from New 
 * York and others, are in a combination against me in 
 " this business." These words being taken down, 
 and read by the President, the member from North 
 Carolina acknowledged they were truly taken down. 
 
 APRIL 24, 1778. 
 
 Mr. Burke, a member from North Carolina, moved, 
 as his right, to return an answer in writing to the 
 charges against him for his conduct and expressions 
 vol. i. 9
 
 6(j SECRET JOURNAL. [April 25, 
 
 which gave offence to the house, and that his answer 
 be entered on the journal. 
 
 On the question put, Whether it is the right of the 
 member to return his answer in the manner demand- 
 ed, and whether it shall be entered on the journal — 
 
 |; solved in the negative. 
 
 I; -olved. That Mr. Burke be heard in his place. 
 
 Mr. Burke being heard, and sundry witnesses ex- 
 amined relative to the sending the messenger, and the 
 delivery ot the message, &c. which passed out of 
 Congress — 
 
 A motion was made on the conduct and expressions 
 of Mr. Burke. 
 
 Resolved, That the same be referred to a commit- 
 tee of three. 
 
 The members chosen — Mr. Chase, Mr. Dana, and 
 Mr. Drayton. 
 
 APRIL 25, 1778. 
 
 The committee to whom was referred the motion 
 made yesterday, respecting the conduct and expres- 
 sions of Mr. Butke, brought in a report, which was 
 agreed to as follows : 
 
 Congress taking into consideration the minutes of 
 the behaviour of Mr. Burke in the house, on the even- 
 ing of the tenth of April instant, of his answer that 
 evening by their messenger, and of his conduct in the 
 house the next day ; and the said minutes being read, 
 Mr. Burke being heard in his place, and witnesses 
 examined, it appears to Congress, and they ac- 
 ingly
 
 1778.] DOMESTICK AFFAIRS. W 
 
 Resolved, That the manner in which Mr. Burke 
 withdrew, on the evening of the tenth instant, was 
 disorderly and contemptuous; and that the answer 
 then returned by him was indecent. That the princi- 
 ple upon which he has attempted to justify his with- 
 drawing from the house is dangerous, because it 
 strikes at the very existence of the house, and, as in 
 the present case actually happened, would enable a 
 single member to put an instant stop to the most im- 
 portant proceedings of Congress. That his charge 
 against the member from New York and others, of a 
 combination against him, not having been even at- 
 tempted by him to be supported by evidence ; there- 
 fore, it appears to be affrontive and groundless. 
 
 Ordered, That a copy of the minutes, and of the 
 proceedings respecting Mr. Burke, be transmitted to 
 the assembly of North Carolina. 
 
 APRIL 29, 1778. 
 
 The committee appointed to prepare 1 proposals to 
 such foreign officers and soldiers as incline to become 
 citizens of America, brought in a report, which being 
 read and amended, was agreed to as follows : 
 
 To the officers and soldiers in the service of the king 
 of Great Britain, not subjects of the said king: 
 
 The citizens of the United States of America are en- 
 gaged in a just and necessary war — a war in which 
 they are not the only persons interested. They con- 
 tend tor the rights of human nature, and therefore me- 
 rit the patronage and assistance of all mankind. Their 
 success will secure a refuge from persecution and
 
 68 SECRET JOURNAL. [April 29, 
 
 tyranny to those who wish to pursue the dictates of 
 their own consciences, and to reap the fruits of their 
 own industry! 
 
 That kind Providence, who from seeming evil often 
 produces real good, in permitting us to be involved in 
 this cruel war, and you to be compelled to aid our 
 enemies in their vain attempts to enslave us, doubtless 
 ii.it li m view to establish perfect freedom in the new 
 world, for those who are borne down by the oppres- 
 sion and tyranny of the old. 
 
 Considering, therefore, that you are reluctantly 
 compelled to be instruments of avarice and ambi- 
 tion, wc not only forgive the injuries which you have 
 been constrained to offer us, but we hold out to your 
 acceptance a participation of the privileges of free and 
 independent states. Large and fertile tracts of coun- 
 try invite and will amply reward your industry. 
 
 Townships, from twenty to thirty thousand acres of 
 land, shall be laid out and appropriated to such of you 
 as will come over to us, in the following manner. 
 
 Every captain who shall bring with himself forty 
 men from the service of the enemy, before the first 
 day of September, 1778, shall receive eight hundred 
 acres of good woodland ; also four oxen, one bull, 
 three cows, and four hogs. If this captain is accompa- 
 nied with his lieutenant, the lieutenant shall receive 
 four hundred acres of woodland, also two oxen, two 
 cows, and four hosrs. 
 
 Every sergeant who shall accompany his captain 
 shall receive two hundred acres of land, two oxen, one 
 bull, one cow, and three hogs. 

 
 1778.] DOMESTICK AFFAIRS. 6t 
 
 Every soldier who shall accompany his captain 
 shall receive fifty acres of land, one ox, one cow, and 
 two hogs. 
 
 If a lieuienant, or other commissioned officer under 
 the rank of a captain, shall bring off from his company 
 twenty-five men, he shall receive six hundred acres of 
 land, two oxen, two cows, and four hogs. 
 
 I Every sergeant or non-commissioned officer who 
 shall bring off parties of men, shall receive an addi- 
 tional bounty of twenty acres of land for every man so 
 brought off. And every soldier, who shall come oft' 
 without a commissioned or non-commissioned officer, 
 shall receive fifty acres of land ; and if he brings off 
 his arms and accoutrements, an additional bounty of 
 twenty dollars. 
 
 Such officers and soldiers shall be at liberty imme- 
 diately to employ themselves in the settlement of their 
 farms, without being obliged to do any military duly ; 
 and they shall receive rations in proportion to their 
 rank for the space of six weeks. 
 
 The stock hereby offered shall be given to such 
 officers and soldiers as shall actually settle on the 
 lands respectively granted to them. 
 
 Such of the officers and non-commissioned officers 
 as choose to enter into the military line, shall receive 
 an additional rank in detached corps, which shall be 
 formed of native Germans of those who now reside in 
 America ; which corps shall not be employed but with 
 their own consent in any other service than that of 
 guards at a distance from the enemy, or in garrison on 
 the western frontiers.
 
 70 SECRET JOURNAL. [April 29, 
 
 Such of you as are skilled in manufactures, over and 
 above these lands and other articles, will find riches 
 in prosecuting your occupations, the necessaries of 
 life being very cheap in proportion to the price of 
 manufactures, and the demand for thorn is so great, 
 that every mechanick will find full employment. Some 
 of you have had an opportunity of observing the truth 
 of these assertions, and will doubtless inform their 
 countrymen and acquaintance of these facts, 
 
 We have hitherto met you in the field of battle, 
 with hostile minds, urged on by the great principle of 
 self-defence; yet in ihose instances, where the fortune 
 of war hath delivered any of your countrymen into 
 our hands, we appeal to them that our enmity hath 
 ceased the moment they were disarmed; and we have 
 treated them more like citizens than prisoners of war. 
 We now address you as part of the great family of 
 mankind, whose freedom and happiness we most ear- 
 nestly wish to promote and establish. 
 
 Disdain, then, to continue the instruments of fran- 
 tick ambition and lawless power. Feel the dignity and 
 importance of your nature. Rise into the rank of 
 free citizens of free states. Desist from the vain at- 
 tempt to ravage and depopulate a country you cannot 
 subdue, and accept from our munificence what can 
 never be obtained from our fears. We are willing to 
 receive you with open arms into the bosom of our 
 country. Come, then, and partake of the blessings 
 we tender you in sincerity of heart. 
 
 In the name of these sovereign, hee, and indepen- 
 dent states we promise and engage to you that great 
 ►privilege of man, the free and uninterrupted exercise
 
 1778.] DOMESTICK AFFAIRS. 71 
 
 of your religion, complete protection of your persons 
 from injury, the peaceable possession of the fruits of 
 your honest industry, the absolute property in the soil 
 granted to you to defend, unless you shall otherwise 
 dispose of it, to your children and your children's 
 children for ever. 
 
 Resolved, That it be recommended to the several 
 states, who have vacant lands, to lay off with as much 
 expedition as possible, a sufficient quantity of lands to 
 answer the purposes expressed in the foregoing ad- 
 dress ; for which lands no charge is to be made against 
 the United States. 
 
 On the question to agree to the foregoing address 
 and resolution, the yeas and nays being required — 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Love II, 
 Mr. Dana, 
 
 Rhode Island, Mr. Ellery, No. )>No. 
 
 Connecticut, Mr. Sherman, No. ^ 
 
 Mr. Huntington, No. V No. 
 Mr. Wolcott, No.) 
 
 New York, Mr. Duer, Ay. > . 
 
 Mr. Morris, Ay. 3 
 
 New Jersey, Mr. Scudder, No. ^No. 
 
 Pennsylvania, Mr. J. B. Smith, Ay. )»Ay. 
 
 Maryland, Mr. Chase, Ay.^j 
 
 Mr. Plater, No. I ^ 
 
 t\,i ri 11 a > Divided. 
 
 Mr. Carroll, Ay. f 
 
 Mr. Henry, No.J
 
 73 SECRET JOURNAL. [May 21, 
 
 Virginia, Mr. F. L. Lee, 
 
 Mr. Banister, Ay.} Ay. 
 
 Mr. T. Adams, 
 
 South Carolina, Mr. Laurens, 
 
 Mr. Drayton, Ay.J> Ay. 
 Mr. Matthews, 
 
 Georgia, Mr. Langworthy, Ay. )>Ay. 
 
 So it was resolved in the affirmative. 
 
 Ordered, That one thousand copies of the address 
 be published in the German language and dispersed 
 as general Washington and the board of war shall 
 direct. 
 
 MAY 21, 1778. 
 
 The committee, consisting of Mr. R. H. Lee, Mr. 
 F. L. Lee, and Mr. G. Morris, to whom was referred 
 a memorial from divers persons late inhabitants of 
 Nova Scotia, report as their opinion — 
 
 That the wresting Nova Scotia from the British 
 power, and uniting the same to these states, is, for 
 many weighty reasons, a very desirable object ; but 
 thai the propriety of making this attempt at the pre- 
 sent crisis seem* doubtful ; and upon the whole it ap- 
 pears most wise to wait a while, until the event ol a 
 WLtr taking place between France and Great Britain, 
 and the consequences that may have upon the British 
 force on this continent, shall render an attempt upon 
 Nova Scotia more likely to succeed. If, however, any 
 concurrence of circumstances should render success in 
 this undertaking probable, it is the opinion of the 
 committee that the honourable council of Massachu-
 
 1778.] DOMESTICK AFFAIRS. 73 
 
 setts Bay should be empowered, at continental ex- 
 pense, to furnish the inhabitants of Nova Scotia with 
 a force not exceeding two regiments to assist in ac- 
 complishing the purpose proposed in the said memo- 
 rial. 
 
 Resolved, That Congress agree to the said report. 
 
 MAY 23, 1778. 
 
 A motion being made, " That ihe resolution of the 
 " 19th August, 1777, relative to lieutenant colonel 
 " Carrington be expunged from the Journal" — a motion 
 was made in lieu thereof as follows : 
 
 Whereas Congress are fully satisfied that lieutenant 
 colonel Carrington, from a sense of the impropriety of 
 his conduct to his excellency Patrick Henry, Esq. 
 governour of Virginia, had, before he knew of any re- 
 solution having been passed by Congress relative to 
 him, made a suitable and satisfactory apology to gover- 
 nour Henry : 
 
 Resolved, That lieutenant colonel Carrington stands, 
 in the opinion of Congress, in as favourable a point of 
 view as if the resolution of Congress of the 19th of 
 August, 1777, had not been entered into ; which, on 
 the question put, was agreed to. 
 
 It was then moved to add " And that the same be 
 "not published in the printed journal ;" to which an 
 amendment was moved, so that it read — " And that 
 " the present and former resolution of the 19th August, 
 " 1777, be not published in the printed journal." 
 
 On the question to agree to the amendment, the 
 yeas and nays being required — 
 vol. r. 10
 
 74 SECRET JOURNAL. [May 23, 
 
 New Hampshire, Mr. Bartlet, Ay. )>Ay. 
 
 Massachusetts Bay, Mr. S. Adams, No.' 
 
 Mr. Gerry, No. . „ 
 
 Mr. Lovell, No. ? 
 
 Mr. Dana, No. 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 
 Delaware, 
 
 Maryland, 
 
 Virginia, 
 
 South Carolina, 
 
 Georgia, 
 
 Mr. Ellery, 
 
 Ay. >Ay. 
 
 Mr. Sherman, No. i 
 Mr, Huntington, Ay.> Ay. 
 Mr. Wolcott, Ay. } 
 
 Mr. Duer, Ay. ^X 
 
 Mr.Witherspoon,Ay.) DiviDED> 
 Mr. Scudder, No. 3 
 
 Mr. James Smith, Ay. )>Ay. 
 
 Mr. M'Kean, No. )>No. 
 
 Mr. Plater, 
 Mr. Carroll, 
 Mr. Henry, 
 
 No.) 
 Ay.> Ay. 
 Ay-S 
 
 Mr. R. H. Lee, Ay.) 
 
 Mr. F. L. Lee, Ay.V Ay. 
 
 Mr. Banister, Ay.) 
 
 Mr. Laurens, No.^ 
 
 Mr. Drayton, No. I n 
 
 T\i i\i 4.U a >Divided. 
 
 Mr. Matthews, Ay. [ 
 
 Mr. Hutson, Ay. J 
 
 Mr. Langworthy, Ay. ^Ay. 
 
 So it was resolved in the affirmative. 
 The amendment being adopted, and a question 
 about to be put, that it pass into a resolution, a motion
 
 1778.] DOMESTICK AFFAIRS. "li 
 
 was made to divide; and the question being put on 
 the firs' part, and ihe yeas and nays required — 
 
 ResoKed in the affirmative, every member answer* 
 ingAy. 
 
 The question was then put on the second part, 
 namely, 
 
 " An<) that the present and former resolution of the 
 " 19th August, 1777, he not published in the printed 
 "journal;" on which the yeas and nays being re- 
 quired — 
 
 New Hampshire, Mr. Bartlet, Ay. )>Ay. 
 
 Massachusetts Bay, Mr. S. Adams, No.^ 
 
 Mr Gerry, No. ' 
 
 Mr. Lovell, No. f D<0 ' 
 
 Mr. Dana, No. J 
 
 Rhode Island, Mr. Ellery, Ay. )>Ay. 
 
 Connecticut, Mr. Sherman, No.} 
 
 Mr. Huntington, Ay.> Ay. 
 Mr. Wolcott, Ay.) 
 
 New York, Mr. Duer, Ay. )>x 
 
 New Jersey, Mr. Witherspoon, Ay. > n 
 
 Mr. Scudder, No. j L,IVIDED ' 
 
 Pennsylvania, Mr. James Smith, Ay. ^»Ay. 
 
 Delaware, Mr. M'Kean, No. )>No. 
 
 Maryland, Mr. Plater, 
 
 Mr. Carroll, Ay.*> Ay. 
 
 Mr. Henry,
 
 7tj SECRET JOURNAL. [July 22, 
 
 Virginia, Mi. R. H. Lee, Ay*) 
 
 Mr. F. L. Lee, Ay.V Ay. 
 Mr. Banister, Ay. ) 
 
 South Carolina, Mr. Laurens, No. 
 
 Mr. Drayton, No. 
 
 Mr. Matthews, Ay. j 
 
 Mr. Hutson, Ay. J 
 
 Georgia, Mr. Langvvorthy, Ay. )»Ay. 
 
 So it was resolved in the affirmative. 
 
 JULY 22, 1773. 
 
 The committee on the treasury brought in a report. 
 
 Before it was read, a member called for the deter- 
 mination of a question which was postponed on the 
 13th at the request of a state : Whereupon a debate 
 arose which should have preference, the report from 
 the board of treasury, or the determination of the 
 question postponed. During the debate, a member 
 desired that the Secretary might give information re- 
 specting the practice of the house. This being ob- 
 jected to, a motion was made — 
 
 " That the sense of the house be taken whether, 
 ,: when a difference of opinion arises in Congress 
 " with respect to the true meaning of a rule of the 
 " house, a member may of right ask information of the 
 " Secretary of Congress with respect to the practice 
 " of the house on the rule on which a difference of 
 " opinion subsists." 
 
 An amendment was moved to insert, after " infor- 
 u mation," these words, " through the chair."
 
 1778.] 
 
 DOMESTICK AFFAIRS. 
 
 77 
 
 On which the yeas and nays being required by Mr. 
 G. Morris — 
 
 New Hampshire, 
 Massachusetts, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 South Carolina, 
 
 Mr. Bartlet, 
 
 Mr. S. Adams, 
 Mr. Gerry, 
 Mr. Dana, 
 Mr. Lovell, 
 
 Ay. )>Ay. 
 Ay.) 
 
 DED. 
 
 Mr. Marchant, No. )>No. 
 
 Mr. Sherman, 
 Mr. Hosmer, 
 
 No.) 
 Av.V No. 
 
 Mr. A. Adams, No.) 
 
 Mr. Duer, Ay. ) . 
 
 Mr. G Morris, Ay. $ Ay# 
 
 Mr. Wilherspoon, Ay. ) n 
 Mr. Elmer, No. 5 Ul 
 
 VIDED. 
 
 Mr. Reed, 
 
 Mr. Chase, 
 Mr. Plater, 
 Mr. Forbes, , 
 
 Mr. R. H. Lee, 
 Mr. Banister, 
 Mr. T. Adams, 
 Mr. Harvie, 
 
 Ay. )>Ay. 
 
 \"' ^Divided. 
 
 Ay. f 
 
 No.J 
 
 The President having desired, on 
 this occasion, to be excused 
 from giving his vote, was by 
 unanimous consent excused. 
 
 Mr. Drayton, Ay. } 
 
 Mr. Matthews, No. V No. 
 
 Mr. Hey ward, No. 3 
 
 Georgia, 
 
 Mr. Telfair, No. >No.
 
 78 SECRET JOURNAL. [Aug. 4, 
 
 So the house being equally divided, the amendment 
 dropped. 
 
 Resolved, That the further consideration of the mo- 
 tion under debate be postponed. 
 
 AUGUST 4, 1778. 
 
 A letter of this day from the board of war, signed, 
 " by order of the board, T. Pickering, president," 
 was read : 
 
 Whereupon it was moved to resolve — That the said 
 letter signed " by order of the board, T. Pickering" 
 is a breach of the privilege of Congress. 
 
 On motion to postpone the consideration theroof, 
 the yeas and nays being required by Mr. Marchant — 
 
 New Hampshire, Mr. Bartlet, 
 
 Massachusetts, Mr. S. Adams, 
 
 Mr. Dana, 
 Mr. Holten, 
 
 Rhode Island, Mr. Marchant, No. )>No. 
 
 Connecticut, Mr. Sherman, Ay.) 
 
 Mr. Hosmer, Ay. > Ay. 
 
 Mr. A. Adams, Ay. 3 
 
 New York, Mr. Lewis, Ay. > A 
 
 Mr. Duer, Ay. \ Av ' 
 
 New Jersey, 
 
 Mr. Sr udder, Ay. ) . 
 Mr. Boudinot, Ay. $ Ay *
 
 1778.] 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 BOMESTICK AFFAIRS. 
 
 Mr. R. Morris, 
 Mr. Reed, 
 
 Mr. Chase, 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. R. H. Lee, 
 Mr. Banister, 
 Mr. T. Adams, 
 Mr. Harvic, 
 
 Mr. Penn, 
 Mr. Williams, 
 
 Mr. Laurens, 
 Mr. Drayton, 
 Mr. Matthews, 
 Mr. Heyward, 
 
 Mr. Walton, 
 Mr. Telfair, 
 
 79 
 
 Av 
 Ay 
 
 :! 
 
 Av. 
 
 Ay.) 
 
 Ay. > Av. 
 
 Ay-S 
 
 Ay.>| 
 
 No. 
 
 Ay 
 
 >Av. 
 
 Ay.J 
 
 So it was resolved in the affirmative. 
 
 AUGUST 7, 1778. 
 
 A motion was made to amend the journal of yester- 
 day, by inserting the names of the members of Con- 
 gress, who introduced the minister. 
 
 Whereupon a question was moved, Whether, as the 
 journal had been read, and other matters entered on, 
 such a motion is in order, unless by general consent ; 
 and the same being put — 
 
 Resolved, That the motion to amend is not in or- 
 der.
 
 10 
 
 SECRET JOURNAL. 
 
 [Aug. 7, 
 
 The letter of the 4th signed " by order of the board, 
 " T. Pickering." was called for and read. 
 
 Whereupon leave was asked to withdraw the mo- 
 tion made on the said letter on Wednesday ; and, 
 leave being given, the motion was accordingly with- 
 drawn. 
 
 It was then moved to resolve, " That it is the duty 
 ; ' of the board of war implicitly to obey and execute 
 •• every order or direction of Congress, agreeably to 
 " the terms of such order or direction ; and that any 
 " neglect or delay in executing any order of Con- 
 • : gress, and every excuse for disobedience, and any 
 " evasion to execute such order, is a breach of duty 
 " and derogatory to the authority, honour, and dig- 
 " nity of Congress. That the letter of the 4th instant, 
 " signed, ' by order of the board, T. Pickering,' can- 
 " not be considered the act of the board of war, bc- 
 " cause the resolve of Congress of the 21st day of 
 " April requires that not less than three persons be 
 "present to constitute a board of war. That T. 
 " Pickering, esquire, by writing the said letter, and 
 " Richard Peters, esquire, by assenting thereto, were 
 " guilty of a high insult to this house. That by re- 
 '• questing Congress to excuse them from an immediate 
 "execution of their order to arrest and safely keep 
 "colonel B. Flower, they were guilty of a breach of 
 u duty. That by requesting Congress that a mili- 
 tary arrest should be the only restraint on the per- 
 " son of colonel Flower, they were guilty of a diso- 
 " bedience to the authority of Congress. That their 
 " offering reasons to prove the innocence of colonel 
 "Flower, wo* in=olent and affrontive. That bv ex-
 
 1778.] DOMESTICK AFFAIRS. 31 
 
 " pressing their extreme pain and reluctance to carry 
 11 the resolve of Congress to arrest and safely keep 
 " colonel Flower into execution, they were guilty of a 
 " disobedience to the power and authority of Con- 
 "gress. And that their conduct was insolent and 
 " affrontive to the honour and dignity of Congress." 
 
 To which an amendment in lieu of the whole was 
 moved in the words following : 
 
 " Ordered, That T. Pickering and R. Peters, cs- 
 " quires, commissioners of the board of war, be forth- 
 " with directed to attend at the bar of this house, to 
 " answer such questions as may be put to them, seve- 
 rally, touching an order of this house of the 3d in- 
 " stant, and also touching a letter dated the 4th instant, 
 "signed ' by order of the board, T. Pickering,' and 
 " directed to the President of the house." 
 
 After debate, a motion was made that the farther 
 consideration of the letter and the several resolutions 
 moved be postponed till to-morrow. 
 
 On which the yeas and nays being required by Mr. 
 Marchant — 
 
 New Hampshire, Mr. Bartlet, Ay. )>Av. 
 
 Massachusetts Bay, Mr. Gerry excused, not being pre- 
 sent at the debate. 
 
 
 Mr. 
 
 Mr. 
 Mr. 
 
 Dana, 
 
 Lovell, 
 
 Holten, 
 
 No. 
 Ay. 
 
 Ay. 
 
 i Ay. 
 
 Rhode Island, 
 
 Mr. 
 
 Marchant, 
 
 No. 
 
 )>No. 
 
 Connecticut, 
 
 Mr. 
 Mr. 
 Mr. 
 
 Sherman, 
 Hosmer, 
 A. Adams, 
 
 No. 
 Ay. 
 No. 
 
 SNo; 
 
 VOL. I. 
 
 11 
 
 

 
 C2 
 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia; 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 SECRET JOURNAL. 
 
 Mr. Lewis, No. 
 
 Mr. G. Morris, Ay 
 
 [Aug. S, 
 
 :1 D 
 
 IVIDED. 
 
 Mr. Witherspoon,No. } 
 Mr. Scudder, No. J> No. 
 Mr. Boudinot, 
 
 Ay.> 
 
 Mr. R. Morris, 
 Mr. Roberdeau, 
 
 Mr. Chase, 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. R. H. Lee, No."| 
 
 Mr. Banister, Ay. I . 
 
 Mr. T. Adams, Ay. f 
 
 Mr. Harvie, Ay. J 
 
 Mr. Penn, 
 Mr. Williams, 
 
 Mr. Laurens, 
 Mr. Drayton, 
 Mr. Matthews, 
 Mr. Heyward, 
 
 Ay. 
 
 No 
 
 :\° 
 
 IVIDED. 
 
 No.^j 
 No. t 
 Ay. f 
 Ay.J 
 
 Divided. 
 
 Mr. Telfair, Ay. )>Av. 
 
 So it was resolved in the affirmative. 
 
 AUGUST 8, 1778. 
 
 A letter of this day from T. Pickering and R. Pe- 
 ters, two of the commissioners of the board of war, 
 was read. 
 
 Whereupon it was moved to resolve, That Congress 
 do admit the letter of this date, signed T. Pickering 
 and R. Peters, as a sufficient atonement for the letter
 
 1778.] 
 
 DOMESTICK AFFAIRS. 
 
 ?" 
 
 Mr. Holtcn, 
 
 Mr. Marchant, No. )>No. 
 
 Mr. Sherman, 
 Mr. Hosmer, 
 Mr. A. Adams, 
 
 No.) 
 No.V No. 
 No.S 
 
 of the 4th instant signed " by order of the board, T. 
 " Pickering." The previous question was moved, 
 that that question be not now put ; 
 
 And the yeas and nays being thereon required by 
 Mr. Drayton — 
 
 New Hampshire, Mr. Bartlet, Ay. )>Ay. 
 
 Massachusetts Bay, Mr. Adams, 
 Mr. Dana, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Mr. Duer, Ay. ) . 
 
 Mr. G. Morris, ( Ay. $ AY ' 
 
 Mr. Witherspoon, No. > » 
 Mr. Scudder, No. $ i>0. 
 
 Mr. Chase, 
 Mr. Plater, 
 Mr. Forbes, 
 
 No.) 
 Ay.> No. 
 No.> 
 
 No.^i 
 
 Mr. R. H. Lee, 
 
 Mr. Banister, Ay. I ^ 
 
 M T A i ' A J > Divided, 
 
 Mr. 1 . Adams, Ay. ( 
 
 Mr. Harvie, No. J 
 
 Mr. Penn, 
 
 Mr. Laurens, 
 Mr. Drayton, 
 Mr. Matthews, 
 Mr. Heyward, 
 
 Ay. )>Ay. 
 
 No. 
 
 Georgia, 
 
 Mr. Telfair, No. >No.
 
 84 
 
 SECRET JOURNAL. 
 
 [Aug. 17 
 
 So it passed in the negative. 
 The main question being then put- 
 Resolved in the affirmative. 
 
 AUGUST 17, 1778. 
 
 The committee, consisting of Mr. Chase, Mr. Mar- 
 chant, and Mr. Pcnn, to whom was referred the memo- 
 rial of Thomas Towson, on behalf of himself and 
 other inhabitants of New Providence, report, " That 
 " having made enquiry into the matter of the said 
 " memorial, they are informed, and believe, that the 
 " said Thomas Towson, and also John and William 
 •' Baldwin, John Frazier, and John Outen, in the said 
 " memorial named, are natives of the state of Mary- 
 " land, from whence they departed previous to the 
 '^commencement of the present war; that James 
 "Gould, another person therein named, is a native of 
 " the state of Rhode Island, but hath resided in the 
 '-'• island of New Providence for many years ; and that 
 " Thomas Dunscomb, John Bunch, and John Hunt, 
 "are not natives of any of these United States ; but 
 " that all the said persons are well attached to the 
 "cause and rights of America, and willing and desi- 
 ;; rous to become subjects of the United States, and to 
 " support their freedom and independence :" Where- 
 upon, 
 
 Resolved, That passports be given to Thomas 
 Towson, John Baldwin, William Baldwin, John 
 Frazer, John Bunch, John Oaten, James Gould, 
 Thomas Duncomb, and John Hunt, inhabitants of the 
 island of New Providence, signed by the President,
 
 1778.] DOMESTICK AFFAIRS. :., 
 
 and countersigned by the Secretary of Congress, in 
 the form following : 
 
 To all to whom these presents shall come, We the 
 Congress of the United States of America, send 
 Greeting : 
 
 Know ye, that we, being well satisfied of the fidelity 
 and attachment of now an inhabitant 
 
 of the island of New Providence, and being notified 
 of his design to remove from the said island to some 
 place within the jurisdiction and authority of the said 
 states, with intent to become subject to the same — 
 Now, therefore, by these presents we do advise, re- 
 quest, and require, all captains and commanders of 
 ships and vessels of war, whether publick or private, 
 holding commissions under us, and all other persons 
 whom it may concern, whether subjects of the said 
 states, or any of them, or of princes their allies, to 
 permit the said his family and pro- 
 
 perty, safely to pass to these states, unmolested ; and 
 to give them such aid and assistance as may be proper 
 and convenient. 
 
 Given at Philadelphia, the day of 
 
 in the year of our Lord one thousand seven hundred 
 and seventy-eight. In witness whereof we have 
 caused these our letters to be signed by our President, 
 on the day and year aforesaid. 
 
 AUGUST 28, 1778. 
 
 A letter of 25th, from general Washington, was read, 
 enclosing the following papers : 1st. A copy of a leU 
 terof 23d from major general Sullivan. 2d. A copy
 
 U6 SECRET JOURNAL. [Sept. 16, 
 
 of a remonstrance from major general Greene to count 
 D'Estaing, dated August 21st. 3d. Copy of count 
 D'Estaing's letter of 21st August to major general 
 Sullivan. 4th. A protest of the general officers com- 
 manding brigades in the army under his command, in 
 consequence of the determination of count D'Estaing 
 to sail from Rhode Island. 
 
 Ordered, That the contents of the said letters and pa- 
 pers be kept secret, except the sailing of count D'Es- 
 taing's squadron from Rhode Island ; but that the Pre- 
 sident communicate them to the minister, and inform 
 him of the injunction of secrecy. 
 
 A motion was made that the letter and papers be 
 committed 5 which was lost by the previous question. 
 
 Ordered, That general Washington take every mea- 
 sure in his power that the protest of the officers of 
 major general Sullivan's army against the departure of 
 count D'Estaing be not made publick. 
 
 SEPTEMBER 1G, 1773. 
 
 Resolved, That general Washington be informed 
 that Congress highly approve of his laying up maga- 
 zines of forage and provisions at such places as he 
 shall think proper for prosecuting an expedition into 
 Camda in the winter, if the motions of the enemy 
 shall render this measure expedient; and that the ge- 
 neral be desired to make every preparation of cloth- 
 ing, and new shoes, and other articles for this purpose, 
 which he shall deem nccessarv.
 
 1778.] DOMESTICK AFFAIRS. 81 
 
 OCTOBER 24, 1778. 
 
 Mr. Gouverneur Morris having informed the house 
 that he hath received application from a person in the 
 city of New York, to know whether, in the opinion of 
 the delegates of that state, he may, with safety to his 
 person and property, continue in that city upon the 
 evacuation thereof by the British troops ; and having 
 further informed, that the said person is in capacity to 
 give useful intelligence, and probably will do it, if he 
 shall receive assurances that it will be recommended 
 to the state of New York to afford him protection — 
 i Resolved, That the said G. Morris be empowered 
 to give him such assurances, on condition that he shall 
 give intelligence of whatever may come to his know* 
 ledge relating to the numbers, movements and designs 
 of the enemy. 
 
 OCTOBER 28, 1778. 
 
 The committee to whom was referred a memorial of 
 Alexander M'Nut, report — 
 
 " That, after a conference with the memorialist, it 
 " appears that any further proceeding thereon is at this 
 " time unnecessary. That the memorial be filed in the 
 " Secretary's office ; and that the sum of three hundred 
 " dollars be presented to Mr. M'Nut in consideration of 
 " the expenses he has incurred in his endeavours to 
 " serve the United States." 
 
 Resolved, That Congress agree to the said report.
 
 88 3ECRET JOURNAL. [Nov. 2, 
 
 OCTOBER 31, 1778. 
 
 The board of war having taken into consideration 
 the papers referred to them by Congress, namely, the 
 letters and extracts of letters from the governour of 
 New Orleans — Mr. Pollock and captain James Willing 
 brought in a report : Whereupon, 
 
 Resolved, That from the variety of operations in 
 which we are at this time engaged, it is impracticable 
 for these states now to undertake an enterprise of the 
 magnitude recommended by governour Galvez. 
 
 That governour Bernardo de Galvez be informed of 
 the above resolution ; and be assured that, from the 
 favourable aspect of our affairs, it is probable Con- 
 gress will speedily be enabled to turn their attention 
 to, and operate effectually in, that quarter. 
 
 That governour Galvez be requested to accept the 
 thanks of Congress for his spirited and disinterested 
 conduct towards these states; and be assured, that 
 Congress will take every opportunity of evincing the 
 favourable and friendly sentiments they entertain of 
 governour Galvez, and all the faithful subjects of his 
 catholic majesty inhabiting the country under his go- 
 vernment. 
 
 NOVEMBER 2, 1778. 
 
 Whereas a considerable force hath been directed to 
 assemble at Charleston, in South Carolina, for the de- 
 fence of that state and Georgia, and it is possible that 
 rnemy may not make an attack in that quarter — 
 
 i
 
 1778.] D0ME3TICK AFFAIRS. 89 
 
 Resolved, That in such case, major general Lincoln 
 be directed to endeavour to reduce the province of 
 East Florida. 
 
 NOVEMBER 10, 1778. 
 
 The committee to whom was referred a report of a 
 committee of the general assembly of the state of 
 South Carolina, concurred in by the house on the 8th 
 of September, 1778, and ordered to be transmitted to 
 Congress ; also a letter from major general Howe, of 
 the 22d September, relative to the reduction of the 
 province of East Florida ; brought in a report : Where- 
 upon, 
 
 Resolved, That the President be directed to inform 
 his excellency the president of the state of South Ca- 
 rolina, that Congress, by their resolution of the 2d 
 instant, have directed major general Lincoln to at- 
 tempt the reduction of the province of East Florida, 
 in case the enemy should not make an attack on the 
 states of South Carolina and Georgia. 
 
 That Congress highly approve of the resolution of 
 the assembly of the state ot South Carolina, in direct- 
 ing an investigation to be made into the causes of the 
 Creek rupture, in order that reparation may be made 
 by the offending party, in case the Creek nation shall 
 have just cause of complaint; and in making prepara- 
 tions to carry the war into the Creek country, if a 
 peace cannot be effected by negotiation. 
 
 That major general Lincoln be authorized to enlist 
 men into the continental battalions of the state of 
 vol. i. 12
 
 99 riECRET JOURNAL. [Nov. 10, 
 
 South Carolina and Georgia, to serve during the con- 
 tinuance of the expedition against East Florida. 
 
 That if major general Lincoln shall be of opinion 
 that the continental battalions of the states of South 
 Carolina and Georgia, and the continental levies and 
 recruits from the states of Virginia and North Caroli- 
 na, will not be a sufficient force to proceed on the ex- 
 pedition against East Florida, he be authorized to 
 engage a number of volunteers, not exceeding fifteen 
 hundred, to serve during the continuance of the expe- 
 dition ; and that the volunteers so engaged be organiz- 
 ed into such corps and commanded by such officers as 
 major general Lincoln shall approve of. 
 
 That major general Lincoln be authorized to pledge 
 the faith of the United States for granting to the offi- 
 cer? and men, whether continental officers, volunteers 
 or militia, who shall accompany him to East Florida, 
 and continue in the service till the castle of St. Augus- 
 tine is reduced, the same proportions of land as is al- 
 lowed by the resolution of Congress of 16th Septem- 
 ber, 1776 ; that this bounty shall be extended to the 
 representatives of such officers and soldiers as shall be 
 slain or die during the continuance of the expedi- 
 tion. 
 
 The said land to be located in the said province ; 
 and a preference to be given in the location to the offi- 
 cers and soldiers who shall be entitled as aforesaid. 
 
 That the major generals, respectively, vvho shall go 
 on the expedition against East Florida, be entitled to a 
 grant of three thousand acres of land; and the briga- 
 dier generals, if any shall <, r o on that service, to a grant
 
 1778.] DOMESTICK AFFAIRS. :>\ 
 
 of two thousand acres, in case the province of Ea I 
 Florida should be reduced. 
 
 That the commanding officer of the southern de- 
 partment be authorized, if he shall judge it for the 
 good of the service, to supply colonel Marbury's com- 
 pany of light horse with a number of horses, not ex- 
 ceeding two hundred. 
 
 That it be recommended to the government of 
 North Carolina, South Carolina, and Georgia, to give 
 every assistance in their power to major general Lin- 
 coln, to enable him to reduce the province of East 
 Florida. 
 
 That the President be directed to inform iheir ex- 
 cellencies the governours of the states of Maryland 
 and Virginia, that Congress deem it of high impor- 
 tance to the welfare of the United States, that eve y 
 exertion should be made, during the course ol the 
 winter, to reduce the province of East Florida. 
 
 That from the best information they have received, 
 this cannot probably be effected but by a blockade by 
 water; and therefore that it be requested of the said 
 governments to direct such of their armed galleys as 
 are fit for this service to be fitted out with all possible 
 despatch, and to proceed cither in company, or other- 
 wise, as the governours of the states of Maryland and 
 Virginia shall deem most expedient, to Charleston, in 
 South Carolina ; there to follow such orders as they shall 
 receive from the commander in chief of the department, 
 or from the officer appointed by Congress to command 
 the galleys of the respective slates employed on this 
 expedition.
 
 92 SECRET JOURNAL. [Nov. 10, 
 
 That till such time as the said galleys shall return 
 to the stales, to which they respectively belong, they 
 shall be at the expense and risk of the United States. 
 And that the governours of (he states of Maryland and 
 Virginia be desired to have sworn appraisement made 
 of the said vessels, their tackle, and apparel, to ascer- 
 tain their value, in case of loss. 
 
 And whereas it is represented that great difficulties 
 have occurred in the manning the said galleys; and 
 the success of the expedition depends, in the most es- 
 sential manner, on their services : 
 
 Resolved, That the governours of the states of Ma- 
 ryland and Virginia be authorized to assure the officers 
 and men who shall navigate the said galleys, that the 
 continental share of all property taken by the said gal- 
 leys, or any of them, from the day of their sailing to 
 their return to their respective stations, shall be releas- 
 ed to the persons capturing the same, and divided 
 amongst the officers and men, agreeably to the resolu- 
 tions of Congress relative to captures. 
 
 That the governours of the respective states of Ma- 
 ryland and Virginia be authorized, if they shall judge 
 it expedient, to grant a bounty, not exceeding forty 
 dollars, to every able bodied mariner who shall enter 
 on board the said galleys for the space of six months. 
 
 That the marine committee be directed to use every 
 possible exertion, in co-operating with the governours 
 of the slates of Maryland and Virginia, in the expedi- 
 tious manning of the galleys to be furnished for this 
 service. 
 
 And whereas differences relative to command may- 
 arise amongst the officers of the respective states.
 
 1778.] DOMESTICK AFFAIRS. 93 
 
 whose galleys are employed, which, if not guarded 
 against, might defeat the end of the enterprise : 
 
 Resolved, That captain John Barry be and he is 
 hereby directed to lake the command of all the armed 
 vessels employed on the intended expedition, subject 
 to the orders of the commander in chief in the southern 
 department ; and that this commission continue in 
 force till the expiration of the intended invasion of the 
 province of East Florida, or till the further order of 
 Congress. That he proceed with the utmost despatch 
 to the state of Maryland, in order to expedite the 
 equipment of the galleys to be furnished by that state ; 
 and proceed with them to Charleston, in South Caro- 
 lina. 
 
 Resolved, That Congress approve of major general 
 Howe's provident attention in procuring intelligence 
 of the situation and strength of the British forces and 
 posts in East Florida ; and that any expense which 
 may have attended this service shall be defrayed by 
 Congress. 
 
 Resolved, That the sum of two hundred and one 
 pounds five shillings, in specie, be granted to major 
 general Lincoln to facilitate his procuring intelligence 
 of the enemy's strength and designs in the province of 
 East Florida ; and that the board of war be directed 
 to cause this money to be remitted by the first safe op- 
 portunity. 
 
 Resolved, That major general Lincoln be autho- 
 rized and directed, on his arrival in the province of 
 East Florida, to issue a proclamation in the name of 
 these United States, signifying to the inhabitants of the 
 said province, that as he is not come to destroy, but to
 
 94 SECRET JOURNAL. [Nov. 10, 
 
 protect the inhabitants in the enjoyment of their rights 
 and property, he will receive under the protection of 
 the United States, all such persons as shall repair to 
 his standard within a time to be limited in the said 
 proclamation, and lake an oath of abjuration of alle- 
 giance to the king and crown of Great Britain, except 
 such persons as may have been attainted of high trea- 
 son in any of the said states. And that all such as shall 
 unite wiih him in the reduction of the said province, and 
 embody themselves under such officers as he shall ap- 
 prove of, shall be entitled to the same pay and emolu- 
 ments as the forces engaged in the same service are 
 entitled to. And further, that on the subversion of 
 British tyranny in that province, and the establishment 
 of a free government, they shall be considered as pe- 
 culiarly entitled to the confidence of the United States. 
 
 That the quartermaster general be directed to ship 
 on board the armed galleys ordered from the state of 
 Maryland to Charleston, in South Carolina, a quantity 
 not exceeding ten tons of bar iron. 
 
 And whereas Congress are of opinion, that it will 
 tend greatly to ensure the success of the enterprise if 
 the embargo on rice be continued in force till such 
 time as the vessels destined to form the blockade by 
 water shall have arrived in the basin of St. Augustine : 
 Therefore, 
 
 Resolved, That it be recommended to the executive 
 authority of the states of South Carolina and Georgia, 
 to continue in force the embargo on rice till the event 
 above mentioned shall have taken place, and no 
 longer : Provided, and it is hereby intended, that the
 
 1778] DOMESTICK AFFAIRS. 91 
 
 said embargo shall not be and continue in force longer 
 than the thirty-first day of January next. 
 
 NOVEMBER 30, 1778. 
 
 Two affidavits relative to the convention troops 
 were read. 
 
 Ordered, That they be referred to a commiltec of 
 three; and that the said committee be directed to lake 
 measures for collecting evidence relative to the infrac- 
 tions made by the enemy on the convention of Sara- 
 toga ; and that all the evidence heretofore collected 
 be committed to the said committee. 
 
 The members — Mr. Duane, Mr. Carmichael, Mr. 
 G. Morris. 
 
 DECEMBER 16, 1778. 
 
 A memorial of this day from Alexander M'Nut and 
 others was read. 
 
 Ordered, That it be referred to a committee of three. 
 
 The members — Mr. Lovell, Mr. Whipple, and Mr. 
 Witherspoon. 
 
 DECEMBER 29, 1778. 
 
 The President informed Congress, that the minister 
 of France had requested him to communicate the fol- 
 lowing information to Congress, namely, That the 
 minister was assured by good intelligence that the ene- 
 my's fleet at Rhode Island were greatly distressed for 
 want of masts and spars ; that a mast had been taken 
 from a merchantman of six hundred tons, and put into
 
 96 SECRET JOURNAL. [Jan. 15, 
 
 a man of war of the line; that others of their ships of 
 war had been rigged with jury masts ; and that they 
 had little prospect of a supply from Halifax or any 
 other of their ports ; that there was in New Hamp- 
 shire a number of masts fit for ships of the line ready 
 to be exported from thence to St. Domingo; that the 
 enemy have been advised of this, and arc preparing to 
 intercept them : That it is his opinion it would be of 
 great consequence to prevent the enemy from obtain- 
 ing such an important supply ; and therefore he pro- 
 posed, that the masts should be sunk during the win- 
 ter ; and, as an inducement thereto, he would him- 
 self pay the expense of sinking and raising them, 
 and also the interest of whatever sums may have been 
 expended in procuring the said masts until the next 
 spring : Whereupon, 
 
 Resolved, That it be most earnestly recommended 
 to the states ol Massachusetts Bay and New Hamp- 
 shire, to take the most effectual measures to prevent 
 any masts or spars from being exported from, or laden 
 on board of any ships or vessels within the ports of 
 the said states. 
 
 Ordered, That the President enclose the foregoing 
 information and resolution, and write fully on the sub- 
 ject to the executive authorities of those states. 
 
 JANUARY 15, 1779. 
 
 The marine committee, to whom were referred let- 
 ters from the governours of Maryland and Virginia, 
 brought in a report : Whereupon. 

 
 1779.] DOMESTICK AFFAIRS. 97 
 
 Resolved, That considering the danger and risk of 
 a sea voyage at this season, the impracticability of 
 manning in time, and the probable difficulty of supply- 
 ing the Maryland galleys with provisions during the 
 blockade, the design of employing them be laid aside. 
 
 Ordered, That the remainder of the report be post- 
 poned. 
 
 JANUARY 19, 1779. 
 
 The committee appointed to confer with general 
 Washington, brought in a report, and desired leave to 
 sit again ; and at the same time desired to know 
 whether it is the sense of Congress that they should 
 insert in their next report the plan of operations for the 
 next campaign, that may come to their knowledge in 
 the course of their conferences with the commander in 
 chief. 
 
 After some debate thereon, adjourned. 
 
 JANUARY 22, 1779. 
 
 The committee, consisting of Mr. Duane, Mr. Root, 
 Mr. M. Smith, Mr. G. Morris, and Mr. Laurens, to 
 whom was referred a letter of 19th December last, 
 from major general Lincoln, brought in a report : 
 Whereupon, 
 
 Resolved, That the President of Congress inform 
 count D'Estaing, or the admiral commanding the fleet 
 of his most christian majesty in the West Indies, of 
 the circumstances of Georgia and South Carolina, by 
 the invasion of the enemy : and that he be requested 
 vol. i. 13
 
 SECRET JOURNAL. [Jan. 281, 
 
 to allbrd such relief as may be in his power; and that 
 ihc president of South Carolina be confidentially re- 
 quested to cause to be sent to count D'Estaing, from 
 time to time, the earliest information respecting the 
 force and situation of the enemy in Georgia and South 
 Carolina. 
 
 That the President of Congress confer with the sieur 
 Gerard, minister plenipotentiary from his most chris- 
 tian majesty, on the subject of the foregoing resolution, 
 in order to obtain his interposition with count 
 D'Estain£ for the relief aforesaid. 
 
 Resolved, That the marine committee be directed 
 forthwith to fit out two despatch boats to carry the 
 despatches of Congress to count D'Estaing ; and that 
 the marquis de Britigny be requested to take charge 
 of one of those despatches to the count. 
 
 JANUARY 28, 1779. 
 
 The President informed Congress, that the minister 
 of France expects that the application for the aid to be 
 asked of count D'Estaing should be accompanied with 
 assurance of compensation, agreeably to the spirit and 
 meaning of the fourth article of the treaty of alliance, to 
 be hereafter settled by a convention between the court 
 of France and the United States : Whereupon, 
 
 Resolved, That a committee of three be appointed 
 to take the same into consideration, and report such 
 resolution on (he subject as may be proper, in their 
 opinion, for Congress to enter into on the subject. 
 
 The members chosen — Mr. Laurens, Mr. S. Adams, 
 *nd Mr. Paca. 

 
 1779.] DOMESTICK AFFAIR- 
 
 JANUARY 29, 1779. 
 
 Two members added, viz. Mr. Ellsworth and Mr. 
 Duane. 
 
 FEBRUARY 3, 1779. 
 
 A memorial of this date, from the honourable sieur 
 Gerard, minister plenipotentiary of France, was read, 
 respecting the quantity of flour he can depend upon 
 for the fleet of his most christian majesty in the West 
 Indies. 
 
 Whereupon it was moved, That the committee of 
 conference with the minister of France be instructed to 
 represent the evils arising from the high rate of ex- 
 change ; and confer with him on the means of pre- 
 venting them. 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Laurens — 
 
 New Hampshi 
 
 re, 
 
 Mr. Whipple, 
 Mr. Frost, 
 
 No.) n 
 
 A > Divided 
 
 A y-5 
 
 Massachusetts 
 
 Bay, 
 
 Mr. Gerry, 
 Mr. Lovell, 
 Mr. Holten, 
 
 No.) 
 
 No.SNo. 
 
 Ay.S 
 
 Rhode Island, 
 
 
 Mr. Ellery, 
 Mr. Collins, 
 
 »!.*■ 
 
 Connecticut, 
 
 
 Mr. Dyer, 
 
 Mr. Ellsworth, 
 Mr. Root, 
 
 [Ay.
 
 100 SECRET JOURNAL. [Feb. b, 
 
 New York, Mr. Jay, Ay.^j 
 
 Mr. Duane, Ay. I ^ y 
 
 Mr. Louis, Ay. j 
 
 Mr. Floyd, Ay. J 
 
 New Jersey, Mr. Fell, Ay. ) ^ 
 
 Mi.FreIinghuysen,Ay. $ 
 
 Pennsylvania, Mr. Roberdeau, Ay.^ 
 
 Mr. Clingan, No. | 
 
 Mr. Shippen, Ay. )>Ay. 
 
 Mr. Atlee, Ay. | 
 
 Mr. Srarle, Ay. J 
 
 Delaware, Mr. M Kean, 
 
 Maryland, Mr. P.ica, 
 
 Mr. Carmichael, 
 Mr. Henry, 
 
 Virginia, Mr. T. Adams, 
 
 Mr. F. L. Lee, 
 Mr. Griffin, 
 
 North Carolina, Mr. Penn, 
 Mr. Hill, 
 Mr. Burke, 
 
 South Carolina, Mr. Laurens, 
 Mr. Drayton, 
 Mr. Hutson, 
 
 So it was resolved in the affirmative. 
 
 FEBRUARY 5, 1779. 
 
 On the report of the committee to whom was refer- 
 red the information given by the President — 
 
 Resolved, That Congress, by requesting aid of count 
 D'Estaing, have it in view to destroy the ships of war,
 
 1779.] DOMESTICK AFFAIRS. 101 
 
 and expel or subdue the land forces of the common 
 enemy invading the southern states. 
 
 Resolved, That a committee <»f two be appointed, 
 who, together with the President, shall confer with the 
 minister plenipotentiary of 'Francr. f.rrd prepare, pro- 
 per despatches and instructions to be sent by the mar- 
 quis de Bretigny to count D'Estaing. 
 
 The members chosen — Mr. G. Morris and Mr. 
 Laurens. 
 
 Ordered, That the committee apply to count D'Es- 
 taing for such supply of arms and ammunition as he 
 can spare, to be sent in such way as he shall judge 
 most safe, to Charleston, in South Carolina, for the 
 use of the United States. 
 
 FEBRUARY 8, 1779. 
 
 The committee appointed to confer with the minis- 
 ter of France, on the subject, of an act of Congress of 
 the 5th, declaring their intention in requesting aid 
 from count D'Estaing, made report of their proceed- 
 ings : Whereupon, 
 
 Resolved, That it will not be expedient to make the 
 proposed application for aid to count D'Estaing ; and 
 that the several acts of Congress on that subject be, 
 and they are hereby repealed. 
 
 Ordered, That the President inform the honourable 
 sieur Gerard, minister plenipotentiary of France, of 
 the above resolution. 
 
 The committee, consisting of Mr. G. Morris. Mr. 
 Ellsworth, and Mr. M. Smith, to whom was referred a 
 letter of 5th December, 1778, from Mr. Bingham.
 
 1(W SECRET JOURNAL. [Feb. e, 
 
 brought in a report : Whereupon, Congress came to 
 the following resolution : 
 
 Whtieas the gencr.il of Martinique hath made ap- 
 plication, through the continental agent there, toCon- 
 gneSff; stating the extreme necessity of the islands for 
 provisions, and requesting that supplies may be export- 
 ed from these United States — 
 
 Resolved, That a committee of three be appointed 
 to prepare a letter, to be signed by the President, to 
 Mr. Bingham, informing him that the states of New 
 Hampshire, Massachusetts Bay, Rhode Island, and 
 Connecticut, have not a sufficiency of flour for their 
 own consumption: That the military operations, of 
 which New York, New Jersey, Pennsylvania, and 
 Delaware, have been the scene, have so reduced their 
 resources of bread, as not to admit of further supplies 
 than may be necessary for the army : That the wheat 
 in Maryland, Virginia, and North Carolina, has been 
 so injured by a fly, which infests those states, as not to 
 afford the succours in question : That South Carolina 
 and Georgia abound in rice ; and great quantities of 
 that article and some other provisions may be had 
 there ; but that the navigation, by the late efforts of 
 the enemy, hath become very insecure ; and the vessels 
 which may be sent there will be exposed to great ha- 
 zard, unless accompanied by a strong convoy, or the 
 marine force of the enemy in those states destroyed. 
 
 The members chosen— Mr. M. Smith, Mr. G. Mor- 
 ris, and Mr. Ellsworth.
 
 1779] DOMESTICK AFFAIRS. 103 
 
 MARCH 10, 1779. 
 
 The honourable W. H. Drayton communicated to 
 Congress an extract of a private letter to him from 
 Pierce Butler, esquire, of Charleston, South Caroli- 
 na, dated February 6, 1779, in the following words: 
 
 " The election for governour, lieutenant governour, 
 " &c. came on yesterday. Mr. J. Rutledge was cho- 
 " sen governour, T. Heyward, lieutenant governour. 
 " The delegates to represent the state in Congress 
 H are, Mr. H. Laurens, Mr. A. Middleton, E. Rut- 
 " ledge, Thomas Bee, and John Matthews. The peo- 
 " pie say they so sensibly feel the want of their chief 
 "justice at home, that they cannot consent to let him 
 M be absent any longer. You must, therefore, my 
 " good sir, return to us as soon as you can. Indeed 
 " we stand in much need of you at this critical junc- 
 " ture ; therefore pray lose no time." 
 
 On which Mr. Drayton desired the determination of 
 the house, whether, after such information, he ought to 
 attend as a delegate in Congress : Whereupon, 
 
 Resolved, That the said private letter docs not va- 
 cate Mr. Drayton's seat ; and therefore that he ought 
 fo attend as a delegate in Congress. 
 
 MARCH 13, 1779. 
 
 The committee, to whom was referred a petition ot 
 Claver Taylor, late of Jamaica, but now of the state of 
 Rhode Island, &c, report —
 
 104 SECRET JOURNAL. [March 29, 
 
 That having examined into the state of the facts set 
 forth in the said petition, they find that the same are 
 truly represented : Whereupon, 
 
 Resolved, That the petitioner have a permission to 
 go to the island of Jamaica, and import into any of 
 the ports in the United States, not in possession of the 
 enemy, either the whole, or any part of his property 
 and effects ; and that his person and property be se- 
 cure from capture, or detention, by any continental or 
 private ships of war belonging to the United States; 
 and his effects from seizure or confiscation when land- 
 ed, or in their conveyance through any of the said 
 states to the said state of Rhode Island ; and that pro- 
 per passports be granted to him for that purpose. 
 
 MARCH 29, 1779. 
 
 The committee, consisting of Mr. Burke, Mr. Lau- 
 rens, Mr. Armstrong, Mr. Wilson, and Mr. Dyer, ap- 
 pointed to take into consideration the circumstances of 
 the southern states, and the ways and means for their 
 safety and defence, report — 
 
 Thai the circumstances of the army will not admit of 
 the detaching of any force for the defence of South Ca- 
 rolina and Georgia. That the continental battalions 
 of those two states are not adequate to their defence. 
 T in the three battalions of North Carolina continen- 
 tal troops, now on the southern service, are composed 
 of drafts from the militia for nine months only, which 
 terms, with respect to a great part of them, will expire 
 before the end of the campaign. That all the other 
 force now employed for the defence of the said states
 
 1779.] DOMESTICK AFFAIRS. »8 
 
 consists of militia, who, from the remoteness of their 
 habitations and the difficulties attending their service, 
 ought not to be relied on for continued exertions, and a 
 protracted war. That the state of South Carolina, as 
 represented by the delegates of the said state, and by 
 Mr. Huger, who has come hither at the request of the 
 governour of the said state, on purpose to explain the 
 particular circumstances thereof, is unable to make 
 any effectual efforts with militia, by reason of the great 
 proportion of citizens necessary to remain at home, to 
 prevent insurrections among the negroes, and to pre- 
 vent the desertion of them to the enemy. That the 
 state of the country, and the great numbers of those 
 people among them, expose the inhabitants to great 
 danger from the endeavours of the enemy to excite 
 them either to revolt or desert. That it is suggested 
 by the delegates of the said state, and by Mr. Huger, 
 that a force might be raised in the said state from 
 among the negroes, which would not only be formida- 
 ble to the enemy, from their numbers, and the disci- 
 pline of which they would very readily admit, but 
 would also lessen the danger from revolts and deser- 
 tions, by detaching the most vigorous and enterprising 
 from among the negroes. That as this measure may 
 involve inconveniences peculiarly affecting the state of 
 South Carolina and Georgia, the committee are of 
 opinion that the same should be submitted to the go- 
 verning powers of the said states ; and if the said 
 powers shall judge it expedient to raise such a force, 
 that the United States ought to defray the expense 
 thereof : Whereupon, 
 vol. i. 14.
 
 106 SECRET JOURNAL. [March 29, 
 
 Resolved, That it be recommended to the states of 
 South Carolina and Georgia, if they shall think the 
 came expedient, to take measures immediately for 
 raising three thousand able-bodied negroes. 
 
 That the said negroes be formed into separate corps, 
 as battalions, according to the arrangements adopted 
 for the main army, to be commanded by white commis- 
 sioned and non-commissioned officers. 
 
 That the commissioned officers be appointed by the 
 said states. 
 
 That the non commissioned officers may, if the said 
 states respectively shall think proper, be taken from 
 among the non-commissioned officers and soldiers of the 
 continental battalions of the said states respectively. 
 
 That the governours of the said states, together with 
 the commanding officer of the southern army, be em- 
 powered to incorporate the several continental bat- 
 talions of their states with each other respectively, 
 agreeably to the arrangement of the army, as estab- 
 lished by the resolutions of May 27, 1778 ; and to ap- 
 point such of the supernumerary officers to command 
 the said negroes, as shall choose to go into that service. 
 
 Resolved, That Congress will make provision for 
 paying the proprietors of such negroes as shall be en- 
 listed for the serf ice of the United States during the 
 war, a full compensation for the property, at a rate 
 not exceeding one thousand dollars for each active 
 able-bodied negro man of standard size, not exceeding 
 thirty-five years of age, who shall be so enlisted and 
 pass muster.
 
 .1119.] DOMESTICK AFFAIRS. 107 
 
 That no pay or bounty be allowed to the said ne- 
 groes; but that they be clothed and subsisted at the 
 expense of the United States. 
 
 That every negro who shall well and faithfully serve 
 as a soldier to the end of the present war, and shall 
 then return his arms, be emancipated, and receive the 
 sum of fifty dollars. 
 
 APRIL 7, 1779. 
 
 The committee, consisting of Mr. Lovell, Mr. Whip- 
 ple, and Mr. Witherspoon, (see December 16,) to 
 whom was referred the memorial of Alexander M'Nutt 
 and others, agents for several townships in Nova Sco- 
 tia, brought in a report : Whereupon, 
 
 Resolved, That lieutenant colonel Phineas Nevers. 
 and captain Samuel Rogers be employed to lay out, 
 mark and clear a road from Penobscot river to St» 
 John's river, in the most commodious line, and in the 
 most prudent manner. That fifteen thousand dollars 
 be advanced to them for carrying on the work ; for 
 the faithful expenditure of which they shall become 
 bound to the United States in a bond to be given to 
 the continental treasurer. 
 
 APRIL 8, 1779. 
 
 A memorial from Alexander M'Nutt, in behalf or 
 sundry persons therein named, inhabitants of Great 
 Britain and Ireland, was read, praying to be admit- 
 ted to come with their families and effects, under a 
 safe conduct, and settle in America, under condition.
 
 108 SECRET JOURNAL. [April 17, 
 
 that should it appear upon their arrival, that any of 
 them have acted an unworthy part, or are of doubtful 
 characters, then their property to be forfeited, and 
 they treated according to their deserts. 
 
 Resolved, That the prayer of the memorial be 
 granted. 
 
 The committee, consisting of Mr. Burke, Mr. G. 
 Morris, and Mr. Armstrong, to whom was referred a 
 letter of the 10th March, from the board of wftr, en- 
 closing a letter of the 9th, from president Reed, 
 brought in a report : Whereupon, 
 
 Resolved, That the board of war be directed to 
 send four pieces of heavy ordnance to the post at 
 Billings-port, on the river Delaware, in addition to 
 what are already there. Also, to order a detachment 
 of forty men, under the command of a captain and 
 other suitable officers, from colonel Procter's battalion, 
 to garrison the said post. Also, to send two pieces of 
 heavy ordnance to Mud Island fort, and a detachment 
 of twenty men, under the command of suitable officers, 
 from the battalion aforesaid, to garrison the said fort, 
 
 APRIL 17, 1779, 
 
 The delegates of South Carolina, to whom was re- 
 ferred a letter of the 7th March from major general 
 Lincoln, brought in a report : Whereupon, 
 
 Ordered, That so much of the said report as relates 
 to the sending military stores and a naval force to 
 South Carolina, be referred to the marine committee f 
 snd that they take order thereon. 

 
 J779.] DOMESTICK AFFAIRS. 109 
 
 APRIL 27, 1779. 
 
 A motion was made by Mr. Morris, seconded by 
 Mr. Penn— 
 
 That a sum of money, in specie, be immediately 
 sent to the commander in chief, for secret services. 
 
 In lieu of which a substitute was moved by Mr. Lau- 
 rens, seconded by Mr. Scudder, in the words follow- 
 ing, viz : 
 
 That the President write to the commander in chief, 
 and inquire whether he is in want of specie for secret 
 services. 
 
 Question put to admit the substitute — 
 
 Passed in the affirmative. 
 
 An amendment was then moved by Mr. S. Adams, 
 seconded by Mr. Morris, instead of the words, " in- 
 " quire whether," &c. to insert, "inform him that if he 
 '• is in want of specie for secret services, he may draw 
 11 for any sum or sums to the amount of two thousand 
 11 guineas upon the treasurer, who will pay the same." 
 
 Question on the amendment — 
 
 Passed in the affirmative. 
 
 On the question to agree to the motion as amend- 
 ed— 
 
 Resolved, That the President write to the comman- 
 der in chief, and inform him, that if he is in want of 
 specie for secret services, he may draw for any sum or 
 sums, to the amount of two thousand guineas, on the 
 treasurer, who will pay the same.
 
 1 10 SECRET JOURNAL. [May 'J, 
 
 MAY 1, 1779. 
 
 A letter of 28th April, from general Washington 
 enclosing a copy of proceedings of the council of Mas 
 sachusetts Bay, dated March 4, was read, informing 
 that there are several pieces of cannon, eighteen poun 
 ders, the property of the continent, now in Massachu 
 setts Bay ; that application has been made for them 
 and that only two have been received for the defence 
 of the posts on the North river ; — representing the 
 importance of those posts; and requesting the direc- 
 tions of Congress that the said cannon be applied to 
 this purpose. 
 
 On motion of Mr. Burke, seconded by Mr. Drayton, 
 Resolved, That the commander in chief be authoriz- 
 ed to call upon the state of Massachusetts Bay for 
 such and so many of the continental cannon lent to the 
 said state, as he may judge necessary for the defence 
 of the posts on Hudson's river. 
 
 MAY 3, 1779. 
 
 On motion of Mr. Jenifer, seconded by Mr. Henry, 
 Resolved, That the board of war be directed to 
 apply to the governour and council of Maryland, and 
 request them, if there are any heavy cannon belonging 
 to the state which can be spared from the immediate 
 defence thereof, to lend them to the continent for the 
 defence of the posts on Hudson's river, on condition 
 that Congress will return them, or a like number of
 
 1779.] D0ME9TICK AFFAIRS. 111 
 
 equal bore, or pay the state the full value thereof, at 
 the election of the general assembly. 
 
 The delegates of the state of Pennsylvania, to 
 whom was referred an extract of a letter from the board 
 of war, respecting the defences of the river Delaware, 
 brought in a report : Whereupon, 
 
 Resolved, That the president and council of the 
 state of Pennsylvania be requested to order such of 
 the militia of that state to take post at fort Mifflin and 
 Bellings-port in the room of colonel Procter's men, as 
 shall be judged by the president and council sufficient; 
 the said militia to be allowed continental pay and sub- 
 sistence. 
 
 MAY 17, 1779. 
 
 On a report of the board of treasury — 
 Resolved, That the application of captain M'Clean 
 be referred to the state of Delaware ; and that the 
 president thereof be informed that any compensation 
 which that state shall judge proper to be made to cap- 
 tain M'Clean, shall be credited to that state in its ac- 
 count with Congress. 
 
 MAY 31, 1779. 
 
 On the report of a committee to whom was re- 
 ferred a letter of February last from Timothy Pen- 
 ny— 
 
 Whereas Timothy Penny, now an inhabitant of 
 Massachusetts Bay, but formerly of the island of Ja- 
 maica, where his estate lies, has represented the ne-
 
 112 SECRET JOURNAL. [Juhe 7, 
 
 cessity he is under of sending a person to purchase a 
 vessel in that island, and load her with produce for the 
 support of his numerous family ; and whereas it ap- 
 pears, that the character and circumstances of the said 
 Timothy Penny render such indulgence proper — 
 
 Resolved, That letters of safe conduct be granted 
 to Timothy Penny, for any one vessel which may be 
 purchased and loaded as above mentioned, and sent to 
 any port or place in any of the United States, not in 
 possession of the enemy, and for the person of cap- 
 tain Joseph Deane, who is to be employed on this 
 business. 
 
 JUNE 3, 1779. 
 
 A letter of this day from Robert Harris was read* 
 praying Congress to take into consideration his peti- 
 tion for leave, under a safe conduct or passport, to re- 
 move his property from the province of Nova Scotia, 
 into some port or place within these states not in the 
 power of the enemy : Whereupon, 
 
 Ordered, That the letter and petition be referred to 
 the marine committee, and that a safe conduct or pass- 
 port be granted to the petitioner, upon his complying 
 with such orders and directions as the marine commit- 
 tee shall give on the subject. 
 
 JUNE 7, 1779. 
 
 On motion of the committee of commerce — 
 Ordered, That the committee of commerce be em- 
 powered and directed to draw bills of exchange at
 
 1779.] 
 
 DOMESTICK AFFAIRS. 
 
 113 
 
 ninety days sight, on the minister plenipotentiary of 
 the United Stales at the court of France, for any sum 
 not exceeding fifteen thousand Louis dor's, to be ne- 
 gotiated in the purchase of military stores, in case the 
 measures taken by Mr. Gerard to obtain them from 
 Martinique should not succeed ; but not otherwise. 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Smith — 
 
 New Hampshire, Mr. Whipple, Ay. )>Ay. 
 
 Massachusetts Bay, Mr. S. Adams, 
 Mr. Gerry, 
 Mr. Lovell, 
 Mr. Holten, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 Pennsylvania, 
 
 Delaware, 
 Maryland, 
 
 VOL. I. 
 
 Mr. Ellery, 
 
 Huntington, 
 
 Mr. 
 
 Mr. Spencer 
 
 Mr. 
 Mr. 
 Mr. 
 
 Jay, 
 
 Morris, 
 
 Floyd, 
 
 Mr. Fell, 
 
 Mr. 
 Mr. 
 
 Searle, 
 M'Lene, 
 
 Mr. Dickinson, 
 
 Mr. 
 Mr. 
 Mr. 
 Mr. 
 
 15 
 
 Paca, 
 
 Carmichael, 
 Henry, 
 Jenifer, 
 
 Ay.} 
 
 Ay. f AVr 
 Ay.J 
 
 Ay. )>Ay. 
 
 SI* 
 
 Ay. )>Ay. 
 
 AyO 
 Ay.J
 
 114 
 
 SECRET JOURNAL. 
 
 [June 8> 
 
 Virginia, 
 
 Mr. Smith, 
 Mr. Griffin, 
 Mr. Fleming, 
 
 No.) 
 Ay. > Ay. 
 Ay.S 
 
 North Carolina, 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Sharpe, 
 
 Ay.) 
 
 Ay.> Ay. 
 Ay.S 
 
 South Carolina, Mr. Laurens, No. ^-No. 
 So it was resolved in the affirmative. 
 
 JUNE 8, 1779. 
 
 On the motion of Mr. Searle, seconded by Mr. 
 Armstrong — 
 
 Resolved, That the order passed yesterday, direct- 
 ing and empowering the committee of commerce to 
 draw bills on the minister plenipotentiary of the 
 United States at the court of Versailles, be reconsi- 
 dered. 
 
 A motion was then made by Mr. Searle, seconded by 
 Mr. Armstrong — 
 
 That the board of treasury prepare drafts on the 
 minister plenipotentiary of the United States of Ame- 
 rica at the court of Versailles, in favour of the com- 
 mittee of commerce, for the sum of three hundred and 
 sixty thousand livres tournois, for the purpose of im- 
 porting military stores. 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Smith — 
 
 New Hampshire, Mr. Whipple, Ay. )»Ay.
 
 1779.] 
 
 DOMESTICK AFFAIRS. 
 
 11* 
 
 Massachusetts Bay, Mr. 
 Mr. 
 Mr. 
 Mr. 
 
 Connecticut, 
 
 New Jersey, 
 New York, 
 
 Pennsylvania, 
 
 Delaware, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 
 Mr. 
 Mi-. 
 Mr. 
 
 S. Adams, 
 Gerry, 
 Lovell, 
 Holten, 
 
 Sherman, Ay. 
 Huntington, Ay. 
 Spencer, Ay. 
 
 Ay. 
 
 Scudder, 
 
 Fell, 
 
 Jay, 
 Duane, 
 Floyd, 
 Lewis, 
 
 Ay. 
 Ay. 
 
 Av. 
 
 No. 
 Ay 
 Ay. j 
 
 ■\ 
 
 Armstrong, Ay.^ 
 Sea rle, Ay. j 
 
 Muhlenberg, Ay. } 
 M'Lene, Ay. | 
 
 Wynkoop, No. J 
 
 Ay. 
 
 Ay 
 
 Mr. Dickinson, Ay. ^Ay. 
 
 Mr. 
 
 Mr. 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 Mr. 
 
 Plater, No.^j 
 
 Paca, Ay. j 
 
 Carmichael, Ay. )>Ar. 
 
 Henry, Ay. | 
 
 Jenifer, No. J 
 
 Smith, 
 
 Griffin, 
 
 Fleming, 
 
 Penn, 
 
 Burke, 
 
 Sharpe, 
 
 Laurens, 
 Drayton, 
 
 No.) 
 
 No.VNo. 
 
 No.} 
 
 No.} 
 Ay.> Ay. 
 Ay.^
 
 116 SECRET JOURNAL. [June 16, 
 
 So it was resolved in the affirmative. 
 
 JUNE 10, 1779. 
 
 The committee on the treasury, to whom it was re- 
 ferred to prepare drafts on the minister plenipotentia- 
 ry of the United States of America at the court of 
 Versailles, in favour of the committee of commerce, 
 report — 
 
 That according to order, they have prepared 
 four sets of bills of exchange ; one set for one hun- 
 dred and fifty thousand, one set for one hundred thou- 
 sand, ones et for seventy thousand, and one set for forty 
 thousand livres tournois, and have prepared letters of 
 advice of the said drafts : Whereupon, 
 
 Resolved, That the said drafts be signed by the Pre- 
 sident of Congress, and entered at the auditor's office, 
 and then delivered to the committee of commerce, to 
 be negotiated in the manner mentioned in the resolu- 
 tion of the 8th instant. 
 
 Resolved, That the faith of the United States be 
 pledged to make good any contract or engagement 
 which shall be entered into by their minister plenipo- 
 tentiary at the court of France, for procuring money, 
 or credit, to enable him to honour the said bills, and 
 provide for the punctual discharge thereof. 
 
 JUNE 16, 1779. 
 
 A letter of 11th, from general Washington, was 
 read : Whereupon, 
 
 Resolved, That the board of treasury be empower-
 
 1779.] DOMESTICK AFFAIRS. Ill 
 
 ed to borrow the sum of five hundred guineas, assur- 
 ing the lenders the payment of principal and interest 
 in hard money, as soon as the treasury shall be suppli- 
 ed with a sufficient sum. 
 
 JUNE 21, 1779. 
 
 The committee, to whom was referred a letter from 
 William Killen, esquire, with sundry depositions en- 
 closed, having considered the evidence contained in 
 those papers, and in several others, which they have 
 collected, report — 
 
 That a certain Henry O'Hara, who has acted as a 
 deputy quartermaster general in the Delaware state, 
 appears to have been guilty of great frauds in the 
 execution of that office : Whereupon, 
 
 Resolved, That all the papers before mentioned be 
 transmitted to the president of the state of Delaware, 
 and that he be requested to order a prosecution imme- 
 diately to be commenced and carried on against the 
 said Henry O'Hara, at the expense of the United 
 States. 
 
 JUNE 22, 1779. 
 
 On a report from the board of treasury — 
 Ordered, That a warrant issue on the treasurer, in 
 favour of major des Epiniers, for five hundred guineas, 
 or a like sum in other specie, advanced on the applica- 
 tion of general Washington for publick service, he to 
 be accountable ; and that major des Epiniers' receipt 
 of the 19th instant for that sum being annexed to this
 
 
 118 
 
 SECRET JOURNAL. 
 
 [June 28, 
 
 warrant, be the treasurer's voucher for payment of the 
 same. 
 
 JUNE 28, 1779. 
 
 Resolved, That it be earnestly recommended to the 
 several states, by the most speedy and vigorous ef- 
 forts, to fill up their respective battalions, agreeably to 
 the resolution of Congress of the 9th of March last, 
 that nothing may be wanting on their part to render 
 the present campaign glorious and decisive. 
 
 Ordered, That this be forwarded to the states, with 
 an extract of general Washington's letter of the 11th 
 instant. 
 
 JUNE 29, 1779. 
 
 The committee, to whom was referred the report of 
 the board of war of the 1st May last, relating to the 
 department of military stores, report as their opi- 
 nion — 
 
 That it is not expedient to raise salaries at present, 
 when Congress are adopting measures to restore the 
 credit of the currency ; but that in consideration of 
 the particular circumstances of that department, such 
 temporary allowances, not exceeding three hundred 
 dollars per month to the commissary general, one 
 hundred and fifty dollars per month to the deputy 
 commissary general, and to the other officers and 
 men in the same proportion, to their former pay with 
 that to the deputy commissary general, should be 
 made by the board of war to the said officers and 

 
 1779.] DOMESTICK AFFAIRS. 119 
 
 men, as will enable them to continue in the service 
 until the further orders of Congress. 
 
 Resolved, That Congress agree to the said report. 
 
 JULY 15, 1779. 
 
 The committee on the commissary and quarter- 
 master's departments, to whom was referred a memo- 
 rial from the minister of France of the 7th, report — 
 
 That they have taken effectual measures to cause 
 four thousand barrels of flour to be delivered to Wil- 
 liam Smith, esquire, at Baltimore, agent for Mr. Hol- 
 ker, the same being part of ten thousand barrels pro- 
 vided for the use of his most christian majesty. 
 
 That they have, agreeably to the wishes of Mr. Ge- 
 rard, given orders for the delivery of one thousand 
 barrels of flour to Mr. Holkcr's agent at Philadelphia ; 
 which last quantity is to be of the growth of this state. 
 This order they expect will be executed in part, or in 
 whole; but if not, the quantity can, in case of neces- 
 sity, be made up with ease from the magazines collect- 
 ed in Virginia and Maryland : Whereupon, 
 
 Resolved, That the minister plenipotentiary or 
 France be informed, that four thousand barrels of flour 
 shall be delivered to William Smith, esquire, agent of 
 Mr. Holker, at Baltimore, and one thousand barrels of 
 flour to Robert Morris, esquire, agent of Mr. Holker, 
 at Philadelphia, for the use of his most christian ma- 
 jesty ; including, nevertheless, the quantities mention- 
 ed in the minister's memorial, and amounting to six 
 hundred and fifty-three barrels.
 
 120 
 
 SECRET JOURNAL. 
 
 [July 19, 
 
 JULY 19, 1779. 
 
 A letter of the 13th, from general Washington, was 
 read, enclosing a copy of a letter of 10th, from 
 governour Trumbull, with a proclamation of Sir 
 George Collier and major general Tryon, and colonel 
 Whiting's answer thereto ; also copies of letters of the 
 10th and llth from brigadier general Parsons, giving 
 an account of the enemy's ravages and devastations in 
 Connecticut; and particularly of their burning the 
 towns of Fairfield, Norwalk, and Bedford : Whereupon, 
 
 A motion was made by Mr. Drayton, seconded by 
 Mr. Penn, 
 
 That the marine committee be, and are hereby di- 
 rected to take the most effectual means to carry into 
 execution the manifesto of October 30, 1778, by 
 burning and destroying the towns belonging to the ene- 
 my in Great Britain and the West Indies. 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Drayton — 
 
 New Hampshire, Mr. Peabody, Ay. ^Ay. 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Lovell, 
 Mr. Holten, 
 
 Rhode Island, 
 
 Connecticut. 
 
 Mr. Marchant, No. ) M 
 
 Mr. Collins, No. 5 ISo# 
 
 Mr. Huntington, No. > ^ 
 
 Mr. Spencer, No. > 

 
 1779.} 
 
 DOMESTICK AFFAIE3. 
 
 
 New York, 
 
 Mr. Jay, 
 Mr. Duane, 
 Mr. Morris, 
 Mr. Lewis, 
 
 Ay. 
 
 No. 
 No. 
 Ay. 
 
 New Jersey^ 
 
 Mr. Fell, 
 Mr. Houstdnj 
 
 No. 
 Ay. 
 
 Pennsylvania, 
 
 frela 
 
 ware, 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 121 
 
 Divided. 
 
 llVlDEDi 
 
 Mr. Shippen, Ay. } 
 Mr. Muhlenberg, Ay.> Av. 
 Mr. M'Lene, Ay.) 
 
 Mr. Dickinson, No. 
 Mr. Vandyke, No.' 
 Mr. M'Kean, Ay. ; 
 
 Mr. Carmichael, Ay. 
 Mr. Henry, Ay. 
 
 Mr. Forbes, No. 
 
 Mr. Smith, 
 Mr. Griffin, 
 Mr. Fleming, 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Sharpe, 
 
 Ay. 
 No. 
 Ay. 
 
 No. 
 No. 1 
 
 No.' 
 
 No, 
 
 Ay, 
 
 Ay, 
 
 No, 
 
 South Carolina, 
 
 So it was resolved in the affirmative. 
 
 Mr. Laurens, 
 Mr. Drayton, 
 
 No. 
 Ay 
 
 :! D 
 
 IVIDED- 
 
 SEPTEMBER 6, 1779. 
 
 The board of war, to whom was referred a letter 
 of 24th of August, from the president of the state of 
 Pennsylvania, report — 
 
 That they find it impracticable, without taking them 
 from the supplies provided for the army, which are yet 
 vol. i. 16
 
 J :■> SECRET JOURNAL. [Sept. 10, 
 
 vastly deficient, to furnish the blankets requested for 
 the ranging companies raised in this state. 
 
 SEPTEMBER 7, 1779. 
 
 Leonard Bowles, of the Bahama Islands, having 
 signified his intention of removing from thence ; and 
 having communicated a recommendation of him by 
 the supreme executive council of the state of Penn- 
 sylvania, to the citizens of that state, where he pro- 
 poses to reside — 
 
 Ordered, That a passport, or safe conduct, be 
 granted to the said Leonard Bowles, Esq. in his re- 
 moval from the Bahama Islands to these United 
 States. 
 
 SEPTEMBER 10, 1779. 
 
 The committee of commerce having informed Con- 
 gress, that in pursuance of the order of Congress, they 
 have expended, in the purchase of powder which is 
 arrived, about three thousand pounds sterling of the 
 bills delivered to them, agreeably to the order of the 
 10th June; and that about twelve thousand pounds 
 sterling remain in the hands of their agent at St. 
 Eustatia — 
 
 On motion of Mr. Marchant, seconded by Mr. Scud- 
 der, 
 
 Resolved, That the committee of commerce be di- 
 rected to confer with the board of war, in what man- 
 ner it will be most for the publick service, to lay ou f 
 the remainder of the money entrusted to them. 

 
 im] DOMESTICK AFFAIRS. 123 
 
 SEPTEMBER 22, 1779. 
 
 The marine committee report, That on maturely 
 considering the resolutions of Congress of the 20th 
 instant, relative to the transportation of the North 
 Carolina troops by sea, to South Carolina, they find so 
 many difficulties opposed to their carrying the same 
 into execution, as to induce them to recommend the 
 sending the frigates immediately from Boston to South 
 Carolina, and ordering the North Carolina troops to 
 proceed thither by the most expeditious route : 
 Whereupon, 
 
 Resolved, That the marine committee be directed 
 to order the three frigates or ships of war, mentioned 
 in the resolutions of Congress of the 20th instant, to 
 proceed from Boston immediately to South Caro» 
 lina. 
 
 That the North Carolina troops be ordered to pro- 
 ceed by the most expeditious route to South Carolina, 
 
 Resolved, That it be earnestly recommended to 
 the governour of the state of North Carolina to use 
 every means to prevent the desertion of the said 
 troops whilst marching through that state ; and that he 
 at the same time take such measures as will be most 
 effectual for filling up the said battalions to their full 
 complement of men; but that the march of the troops 
 be on no account delayed for this, or any other pm> 
 pose*
 
 124 SECRET JOURNAL. [Sept. 26, 
 
 SEPTEMBER 26, 1779. 
 
 The President laid before Congress two letters 
 which he received from Mr. Gerard, written to him 
 by J. Plombard, and dated Charleston, South Caro- 
 lina, one the 5th and the other the 8th September, in- 
 stant, which were read, giving information of the arri- 
 val of count D'Estaing at Georgia : Whereupon, 
 
 Resolved, That copies of the letters from Mr. Plom- 
 bard to Mr. Gerard, of the 5th and 8th of Septem- 
 ber, instant, communicated by Mr. Gerard to the 
 President, be sent to general Washington, That the 
 general be also informed of the intention of our ally ? 
 that the armament under count D'Estaing shall ope- 
 rate against the enemy in these United States; and 
 that general Washington be authorized and directed 
 to concert and execute such plans of co-operation with 
 the minister of France, or the count, as he may think 
 proper. 
 
 Whereas Congress have received authentick infor- 
 mation of the arrival of count D'Estaing with a power- 
 ful fleet to co-operate with these United States; and 
 whereas by the vigorous exertions of the said states, 
 the allied forces may be enabled to strike an impor- 
 tant blow against the enemy — 
 
 Resolved, That it be most earnestly recommended 
 to the several states to furnish general Washington 
 with such aid as he may require of them respectively, 
 as well by detachments from their militia, as by pro- 
 viding that the allied armaments in the United States 
 be speedily and effectually furnished with ample sup-
 
 1779.] DOMESTICK AFFAIRS. 12$ 
 
 plies of bread and other provisions ; and that the mo?t 
 vigorous exertions be made for that purpose. 
 
 SEPTEMBER 27, 1779. 
 
 A motion being made, That the continental frigates 
 and other continental armed vessels at Boston, or other 
 eastern ports, be forthwith provided with skilful pilots 
 for Newfoundland, Halifax, Penobscot, and Rhode 
 Island ; that they be detained until they shall be di- 
 rected to sail from thence by general Washington ; and 
 that they observe such orders as they shall receive 
 from him— 
 
 Ordered, That it be referred to the marine commit- 
 tee ; and that they take order thereon. 
 
 DECEMBER 13, 1779. 
 
 On motion of Mr. Gerry, seconded by Mr. Hous- 
 ton — 
 
 Resolved, That the board of treasury be directed 
 to pay to John Mitchel, deputy quartermaster general, 
 a sum in bills of exchange, sufficient to discharge a 
 year's rent of the house occupied by the President of 
 Congress. [For order to draw bills, see November 
 23d, 1779.] 
 
 DECEMBER 14, 1779. 
 
 Resolved, That the commercial committee be direct- 
 ed to take immediate measures to procure a supply of 
 gunpowder and clothing for the use of the continental
 
 12« SECRET JOURNAL. [Dec. 16i 
 
 army and navy ; and that the treasury board be di- 
 rected to supply them for that purpose with bills of 
 exchange on Holland, to the amount of four thousand 
 pounds sterling, when required by the said committee, 
 in lieu of bills formerly furnished them for that pur- 
 pose, which are supposed to be destroyed. 
 
 DECEMBER 16, 1779. 
 
 The committee, consisting of Mr. Matthews, Mr. 
 Schuyler, and Mr. Sherman, to whom were referred a 
 letter of 24th November from don Juan Miralles, one 
 of 27th November from the minister of France, and a 
 report of a committee sent to head quarters to confer 
 with the commander in chief on the state of the south- 
 ern department, brought in a report ; Whereupon, 
 
 Resolved, That general Lincoln, or the command- 
 ing officer for the time being in the southern depart- 
 ment, be, and he is hereby authorized and empowered, 
 to correspond and concert with the governour of Ha- 
 vanna, or any other person or persons properly au- 
 thorized by his catholick majesty, such plan as shall 
 in his opinion be best calculated to insure the reduc- 
 tion of the enemy's force in the state of Georgia, and 
 for the conquest of East Florida ; and that the state of 
 South Carolina be requested to afford every assistance 
 in their power for carrying the same into effect. 
 
 In passing this resolution a division was called for; 
 and on the question to agree to the clause " and for 
 * ; the conquest of East Florida," the yeas and nays 
 V»eing required by Mr. Forbes —
 
 1779.] DOMESTICK AFFAIRS. 
 
 New Hampshire, Mr. Peabody, Ay. )>Ay. 
 
 127 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Lovell, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 Pennsylvania, 
 Maryland, 
 North Carolina, 
 
 Mr. Holten, 
 Mr. Partridge, 
 
 Mr. Ellery, 
 
 Ay.") 
 
 s k 
 
 Ay.J 
 Ay. )»Ay. 
 
 Mr. Huntington, Ay.^\ 
 Mr. Sherman, Ay. >Ay. 
 Mr. Ellsworth, Ay.J 
 
 Mr.RR.Livingston,Ay."\ 
 Mr. Floyd, Ay. >Av. 
 
 Mr.L'Hommedieu, Ay.) 
 
 Mr. Fell, 
 Mr. Houston, 
 
 Mr. Searle, 
 Mr. M'Lene, 
 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. Penn, 
 Mr. Burke, 
 
 No. 
 Ay 
 
 :! D 
 
 IVIDED. 
 
 A ?' X Ay 
 Ay. \ AY * 
 
 Ay. 
 
 No 
 
 :}» 
 
 IVIDED. 
 
 No. 
 
 No. 
 
 South Carolina, Mr. Matthews, 
 
 No. _ 
 Ay. )>Ay, 
 
 So it was resolved in the affirmative. 
 
 DECEMBER 29, 1779. 
 
 It being suggested by the board of war that a plan 
 has been proposed to them which they conceive may 
 be advantageous in procuring necessaries for the 
 army — ■ 

 
 m 
 
 SECRET JOURNAL. 
 
 [Jan. 11, 
 
 Resolved, That a committee of three be appointed 
 to confer with the board of war on the subject, and 
 report their opinion to Congress, Whether the plan is 
 practicable, and would be attended with advantage. 
 
 The members— Mr. Burke, Mr. Gerry* Mr. Mat- 
 thews. 
 
 DECEMBER 31, 1779. 
 
 The committee appointed to confer with the board 
 of war, report as their opinion, that rhe plan commu- 
 nicated to them by the board appears practicable, and, 
 if carried into execution, promises supplies of certain 
 articles immediately wanted for the troops at much 
 less expense, and with greater despatch, than they can 
 otherwise be procured; that no coercion is requisite 
 in the execution; that the expense will not exceed 
 half a million of continental dollars ; and the risk to 
 the United States is inconsiderable: Whereupon, 
 
 Resolved, That it be referred to the board of war; 
 and that they be authorized to take order. 
 
 JANUARY 11, 1780. 
 
 A report of the board of treasury was read, relative 
 to the report of James Milligan, late one of the com- 
 missioners of accounts, and authorized by special ap- 
 pointment of the board, on the 21st day of June last, 
 m consequence of an order of Congress of the 7th of 
 the same month, to repair to Virginia, and settle the 
 accounts of the United States against the troops of the 
 convention of Saratoga ; and the correspondence be-
 
 1780.] DOMESTICK AFFAIRS. W 
 
 tvvcen the said James Milligan and major general Wil- 
 liam Philips, senior officer of the said troops ; to- 
 gether with sundry other papers relative to the said 
 accounts : Whereupon, 
 
 Resolved, That for facilitating the settlement of 
 the accounts of the United Staves against the troops of 
 the convention of Saratoga, which have arisen subse- 
 quently to those settled and paid by lieutenant general 
 Burgoyne, previous to his departure for England, all 
 articles proper to be included be charged at the same 
 rates as the like articles were charged in the accounts 
 settled between major general Heath and lieutenant 
 general Burgoyne. 
 
 That all supplies hereafter furnished to the said 
 troops be charged in like manner. 
 
 That major general Philips, now in New York on 
 parole, be required to have the amount due for pro- 
 visions and other articles supplied to the said troops, 
 in the months of March, April, May, June, July and 
 August, 1778, and January, February, March, April, 
 May, June and July, 1779, forthwith discharged, 
 agreeably to the resolutions of Congress of the 19th 
 December, 1777, and c 22d May, 1773. 
 
 That if major general Philips shall persist in refus- 
 ing to discharge the said accounts, demand thereof be 
 made from general sir Henry Clinton, or the officer 
 commanding in chief the British forces at New York. 
 
 That in case of non-compliance in this resort, the 
 guards be thereupon doubled, at the expense of the 
 British government, and the said troops kept on half al- 
 lowance for the space of one month ; on one third al- 
 lowance for the succeeding month ; and thenceforward 
 vol. j. 17
 
 1J0 SECRET JOURNAL. [Jan. 17, 
 
 one fourth allowance, until further order shall be taken 
 for the equitable adjustment of the premises. 
 
 That the mode adopted by George Rice, assistant 
 deputy quartermaster general, at Charlotteville, for 
 apportioning the charges of supplies furnished by the 
 quartermaster general's department to the troops of 
 the convention, and the guards, appears to be the only 
 practicable one left for adjusting the same. 
 
 That the quartermaster general be directed to take 
 effectual care that the accounts of all supplies which 
 may in future be furnished by his department for the 
 said convention troops, be kept separate from the ac- 
 counts of supplies furnished for the guards. 
 
 That the board of treasury be authorized and direct- 
 ed to commission and instruct some suitable person or 
 persons to complete the final settlement of the said ac- 
 counts, and receive the sums due thereon, or the arti- 
 cles delivered in kind, on the part of the enemy. 
 
 That the said board give the necessary orders for 
 collecting the vouchers and preparing the accounts of 
 the supplies furnished to the said convention troops, 
 from the 1st of September to the 31st December, 
 1778, and from 1st August to the 31st December, 
 1779. 
 
 JANUARY 17, 1780. 
 
 Congress took into consideration a report of a com- 
 mittee on a memorial from the honourable the minister 
 plenipotentiary of France ; and thereupon came to the 
 following resolutions :
 
 1780.J DOMESTICK AFFAIRS. 131 
 
 Whereas the minister plenipotentiary of France hath 
 represented to us that a quantity of wheat and flour 
 hath been procured and collected in the state. of Mary- 
 land, at a great expense, for the fleet of his most 
 christian majesty, and for his garrisons in the French 
 islands ; that they are in pressing want of those sup- 
 plies ; that by an act of the legislature of the said 
 Btate, commissioners therein named are authorized to 
 seize wheat and flour in stores ; and that the seizure of 
 the wheat and flour collected as aforesaid, and in the 
 hands of William Smith, Esq. of Baltimore, in the said 
 state, would embarrass the measures of the agent of 
 the marine of the king of France, endanger the success 
 of military plans, and expose to want the garrisons 
 aforesaid ; and hath requested our interposition in this 
 regard : Therefore, 
 
 Resolved, That it be, and it is hereby recommend- 
 ed to the governour and council of the state of Mary- 
 land, to direct the commissioners appointed to carry 
 the act for the immediate supply of flour and other 
 provisions for the army into full force and execu- 
 tion, to refrain from seizing the provisions which have 
 been purchased by permission of the state of Mary- 
 land for the agent of the marine of his most christian 
 majesty ; to replace them in case they have been 
 already seized ; and to permit the exportation thereof. 
 
 That a copy of the memorial of the minister pleni- 
 potentiary of France, and a copy of the papers en- 
 closed, be immediately transmitted, with the foregoing 
 resolution, to the governour and council of the state of 
 Maryland.
 
 132 SECRET JOURNAL. [Jan. 26, 
 
 Resolved, That Congress entertain a high sense of 
 the exertions of the legislature and governour and 
 council of the state of Maryland to procure an imme- 
 diate supply of flour and other provisions for the 
 army. 
 
 And that the governour and council be requested to 
 cause the same to be forwarded as fast as procured, to 
 the army, the pressing wants of which demand imme- 
 diate relief. 
 
 JANUARY 26, 1700. 
 
 The committee, to whom was referred a letter of the 
 19th from general Washington, brought in a report, 
 which was read and taken into consideration. 
 
 The first paragraph bring read, viz. 
 
 " That general Washington be informed that Con- 
 " gress had no intention of connecting the settlement 
 " or payment of the accounts against the convention 
 " troops with the proposed exchange of prisoners, and 
 " that he be authorized to proceed to negotiate said 
 " exchange with all convenient despatch on such 
 " terms, in all respects, as he may judge most expe- 
 " diem" — 
 
 An amendment was moved by Mr. Livingston, se- 
 conded by Mr. Folsom, to add thereto "Yet from a 
 ' : change of circumstances, they think it improper to 
 " conclude fin exchange, till it is agreed as a prelimi- 
 " nary article that the accounts be settled and paid." 
 
 A motion was made by Mr. M : Kean, seconded by 
 Mr. Penn, to postpone the consideration of the para-
 
 1780.] DOMESTICK AFFAIRS. 133 
 
 graph and amendment, in order to consider the fol- 
 lowing proposition : 
 
 " That the general be informed it is the wish of 
 " Congress that the exchange of prisoners, upon prin- 
 " ciples of equality, should proceed at all events; but 
 " that they also hope it may be practicable, in the 
 " course of the business, to obtain an assurance, that 
 " the accounts for the subsistence of the convention 
 " troops shall be liquidated and paid, by retaining a 
 " number of them, not less than five hundred, to se- 
 " cure this measure, or otherwise ; that, however, Con- 
 " gress submit the whole to his wisdom and pru- 
 " dcncc.' 1 
 
 On the question to postpone, for the purpose above 
 mentioned, the yeas and nays being required by Mr. 
 Fell- 
 New Hampshire, Mr. Folsom, No. )>No. 
 
 Massachusetts Bav, Mr. Lovell, 
 Mr. Molten, 
 Mr. Partridge, 
 
 Rhode Island, Mr. Ellery, No. )>No. 
 
 Connecticut, Mr. Huntington, No. } 
 
 Mr. Sherman, No.v No. 
 Mr. Ellsworth, No. ) 
 
 New York, Mr. Livingston, No. } 
 
 Mr. Floyd, No.VNo. 
 
 Mr.L'HommedieUjNo. ) 
 
 No. 
 
 w Jersey. 
 
 Mr. Fell, 
 
 No. 
 
 
 Mr. Houston. 
 
 No. 
 
 
 Mr. Clark. 
 
 No.
 
 134 
 
 Pennsylvania, 
 
 Delaware, 
 Maryland, 
 
 Virginia, 
 North Carolina, 
 
 SECRET JOURNAL. 
 
 [Jan. 26, 
 
 Mr. Searle, No." 
 
 Mr. Muhlenberg, No. L « 
 Mr. M'Lene, 
 Mr. Shippen, 
 
 Mr. M'Kean, 
 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. Griffin, 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Jones, 
 
 No. , 
 No.J 
 
 Ay. )>Ay. 
 
 No.) M 
 No. \ No * 
 
 No. )>x 
 
 Ay.) 
 
 No V No. 
 
 No.S 
 
 South Carolina, Mr. Matthews, No. )>No. 
 
 So it parsed in the negative. 
 
 On the question to agree to the amendment, the yeas 
 and nays being required by Mr. Fell — 
 
 i D 
 
 New Hampshire, Mr. Peabody, No. 
 
 Mr. Folsom, Ay 
 
 MassachusettsBay,Mr. Lovell, No.} 
 
 Mr. Holten, No. \ No. 
 
 Mr. Partridge, No. 3 
 
 Mr. Ellery, Ay. )>Av. 
 
 IVIDED. 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 Mr. Huntington, No. } 
 Mr. Sherman, No. > No. 
 
 Mr. Ellsworth, No.) 
 
 Mr. Livingston, Ay. } 
 Mr. Floyd, No.VNo. 
 
 Mr. L'Hommedieu,No.)
 
 1780.} 
 
 DOMESTICK AFFAIRS. 
 
 13* 
 
 New Jersey, 
 
 Mr. Fell, 
 Mr. Houston, 
 Mr. Clarke, 
 
 Pennsylvania, Mr. Searle, 
 
 No. 
 No. 
 
 Ay.; 
 
 No. 
 
 No. 
 
 Mr. Muhlenberg, No. I ^ 
 Mr. M'Lene, No. ? 
 
 Mr. Shippen, No. 
 
 Delaware, 
 Maryland, 
 
 Virginia, 
 North Carolina, 
 
 Mr. M'Kean, 
 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. Griffin, 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Jones, 
 
 No. )>No. 
 
 No. 
 
 No. 
 No. 
 
 No. yx 
 
 No. 
 
 South Carolina, Mr. Matthews, No. ^No. 
 ■ 
 
 So it passed in the negative. 
 
 The main question being amended to read — "That 
 * general Washington be authorized to proceed to ne- 
 " goliate an exchange of prisoners with all convenient 
 " despatch, on such terms, in all respects, as he may 
 " judge expedient" — 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Fell — 
 
 New Hampshire, Mr. Peabody, 
 Mr. Folsom. 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Lovell, 
 Mr. Molten, 
 Mr. Partridge. 
 
 No.) 
 No. 5 
 
 No.^ 
 No. I 
 
 No. 
 
 . * > Divided. 
 Ay. f 
 
 Ay.J
 
 136 SECRET JOURNAL. [Jan. 26, 
 
 Rhode Island, Mr. Ellery, No. >No. 
 
 Connecticut, Mr. Huntington, Ay. } 
 
 Mr. Sherman, Ay. > Ay. 
 
 Mr. Ellsworth, Ay.) 
 
 New York, Mr. Floyd, Ay. ) ^ y 
 
 Mr. L'Hommedieu, Ay. 5 
 
 New Jersey, Mr. Fell, Ay. > . 
 
 Mr. Houston, Ay. $ 
 
 Pennsylvania, Mr. Searle, Ay. ) . 
 
 Mr. M'Lene, Ay. J^' 
 
 Maryland, Mr. Plater, Ay. ) , 
 
 Mr. Forbes, Ay. J 
 
 Virginia, Mr. Griffin, Ay. )>X 
 
 North Carolina, Mr. Penn, Ay.} 
 
 Mr. Burke, Ay.> Av. 
 
 Mr. Jones, -Ay.) 
 
 South Carolina, Mr. Matthews, Ay. )>Av. 
 
 So it was resolved in the affirmative. 
 
 The next paragraph in the report being read, viz. 
 
 " That the resolution of Congress, of the 11th of 
 " January, instant, respecting the penalty for non- 
 " payment of the money due from the convention 
 " troops be repealed : 
 
 " And that the board of treasury suspend the requi- 
 " sition for the payment of the said money, until the 
 " proposed negotiation for exchange of prisoners is 
 *• finished"— 
 
 A division was called for ; and on the question — 
 
 Resolved, That Congress agree to the first clause.
 
 1780.] 
 
 DOMESTICK AFFAIRS. 
 
 137 
 
 On the question to agree to the second clause, viz. 
 " And that the board of treasury suspend," &c. — the 
 yeas and nays being required by Mr. Fell — 
 
 New Hampshire, Mr. Peabody, 
 Mr. Folsom, 
 
 Massachusetts Bay,Mr. Lovell, 
 Mr. Holten, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 
 No.) n 
 
 . > DlVIDEDi 
 
 Ay. 5 
 
 No. >>No. 
 
 Mr. Ellery, 
 
 Mr. Huntington, Ay. ) . 
 Mr. Sherman, Ay. 5 
 
 Mr. Floyd, Ay. ) Ay> 
 
 Mr. L'Hommedieu, Ay. $ 
 
 Mr. Fell, 
 Mr. Houston, 
 Mr. Clark, 
 
 Mr. Searle, 
 Mr. M'Lene, 
 
 Mr. Plater, 
 Mr. Forbes, 
 
 Mr. Griffin, 
 
 A y-K 
 
 No. V No. 
 No.S 
 
 North Carolina, Mr. Penn, 
 Mr. Burke, 
 Mr. Jones, 
 
 South Carolina, Mr. Matthews, Ay. )»Av. 
 
 So it was resolved in the affirmative. 
 On the question to agree to the whole as amended, 
 the yeas and nays being required by Mr. Peabody— - 
 vol. 1. 18
 
 138 
 
 SECRET JOURNAL. 
 
 New Hampshire, Mr. Peabody, 
 Mr. Folsom, 
 
 Massachusetts Bay,Mr. Lovell, 
 Mr. Holten, 
 
 No. 
 No. 
 
 No. 
 Ay. 
 
 [Jan. 11, 
 
 No. 
 Divided. 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey. 
 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 North Carolina, 
 
 No. >No. 
 
 Mr. Ellery, 
 
 Mr. Huntington, 
 Mr. Sherman, 
 Mr. Ellsworth, 
 
 Mr. Floyd, Ay. ) 
 
 Mr. L'Hommedieu, Ay. $ 
 
 Mr. Fell, 
 
 Mr. Houston, 
 Mr. Clarke, 
 
 Mr. Searle, 
 Mr. M'Lene, 
 
 Mr. Plater, 
 Mr. Forbes, 
 
 Ay. 
 
 Mr. Griffin, 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Jones, 
 
 South Carolina, Mr. Matthews, Ay. )>Av. 
 
 So it was 
 
 Resolved, That general Washington be authorized 
 to proceed to negotiate an exchange of prisoners, with 
 all convenient despatch, on such terms in all respects 
 as he may judge expedient. 
 
 That the resolution of Congress of the 11th instant, 
 respecting the penalty for non-payment of the money
 
 1780.] DOME8TICK AFFAIRS. 139 
 
 due from the convention troops be repealed. And 
 that the board of treasury suspend the requisition for 
 payment of the said money, until the proposed nego- 
 tiation for exchange of prisoners is finished. 
 
 FEBRUARY 8, 1780. 
 
 On a report of the board of treasury — - 
 Resolved, That the board of treasury direct Tho- 
 mas Smith, esquire, continental loan officer for the 
 state of Pennsylvania, to deliver to Peter Whitesides, 
 or his order, three thousand nine hundred and thirty- 
 one Mexican dollars and thirty-five fifty-fourths of a 
 dollar, in bills of exchange, drawn upon the honoura- 
 ble John Jay, minister plenipotentiary of the United 
 Slates at the court of Madrid, to discharge a note given 
 by the treasury to Robert Morris, esquire, for specie 
 borrowed agreeably to a resolution of Congress of tha 
 16th of June last, 
 
 MARCH 4 4, 1780. 
 
 It being represented that the board of war have it 
 in their power to make a contract which will be highly 
 beneficial to the United States, but that to ensure the 
 success of it secrecy is necessary—^ 
 
 Ordered, That a committee of three be appointed to 
 confer with the board of war, and report on the ex- 
 pediency of the measure. 
 
 The members — Mr. Kllcry, Mr. Clarke, and Mr« 
 Sherman.
 
 141* SECRET JOURNAL. [April 17, 
 
 MARCH 20, 1780. 
 
 The committee appointed to confer with the board 
 of war relative to a contract offered to the board of 
 war, report — 
 
 That they have attended that duty, and are of opi- 
 nion, that the proposed contract will be beneficial to 
 the United States ; and that it is expedient for the 
 board of war to take the measures necessary to carry 
 the same into execution. That when the contract is 
 fulfilled, bills on Spain, not exceeding the amount of 
 thirty thousand pounds sterling, must be furnished the 
 board to enable them on their part to comply with the 
 terms of the contract : Whereupon, 
 
 Resolved, That the board of war be authorized to 
 complete the proposed contract ; and when fulfilled, 
 that bills of exchange be drawn on Spain to the amount 
 of thirty thousand pounds sterling, or so much thereof 
 as may be necessary for the above purpose, payable 
 to the paymaster of the board of war and ordnance 
 for discharging the said contract. 
 
 APRIL 17, 1780. 
 
 On the report of a committee to whom was referred 
 a letter from lieutenant colonel Dericks — 
 
 Resolved, That lieutenant colonel Dericks have 
 leave to return to Holland agreeably to his request. 
 
 That for his past services, and to enable him to re- 
 turn home, a bill of exchange for the sum of five hun- 
 dred dollars be drawn in his favour, on the honoura- 

 
 1780.] DOMESTICK AFFAIRS. 141 
 
 ble Henry Laurens ; and that his pay for the future 
 cease. 
 
 APRIL 19, 1780. 
 
 A letter from J. Wilson and W. Lewis, in behalf 
 of Mr. Aaron Lopez, a merchant residing in the state 
 of Massachusetts Bay, was read, requesting a protec- 
 tion for him, and also for his factor, captain Benjamin 
 Wright, to enable Mr. Lopez to remove his property 
 from Jamaica to some of these United States. 
 
 Resolved, That the request be granted. 
 
 APRIL 20, 1780. 
 
 On a report from the board of treasury — 
 Resolved, That the board of treasury be authorized 
 to negotiate, at the current rate of exchange, bills of 
 exchange drawn on the honourable John Jay, pur- 
 suant to a resolution of Congress of the 23d of No- 
 vember last, to the amount of live million of dollars, 
 continental currency, no greater part of which than to 
 the amount of one million of dollars to be negotiated 
 in the present month. 
 
 APRIL 24, 1780. 
 
 The following letter to the states was agreed to : 
 
 " It is the duty of Congress to be as full and expli 
 
 " cit in their requisitions as the publick exigencies arc 
 
 •'• great and pressing; and they are confident that the 
 
 i; citizens of these states are not more desirous to be
 
 142 SECRET JOURNAL. [April 24, 
 
 < ; informed of their affairs, than they are ready and 
 "•'' willing to afford the most vigorous assistance. It is 
 " unnecessary to mention our embarrassments. They 
 " are known to you. To the means of relieving them 
 (C we wish your attention. 
 
 M The whole of the moneys due on the quotas of 
 " taxes to the first of March last, arc become of im- 
 " mediate and indispensable necessity. Numerous 
 " debts have accumulated on the publick departments, 
 il and justice requires they should be forthwith dis- 
 " charged. Large sums are also requisite for the 
 " purposes of transportation, and to continue the pur- 
 " chases of supplies for the army until the stales are 
 " prepared to furnish them. On these quotas drafts 
 " are now making, and must continue to be made to 
 t: the whole amount, nor can a doubt be admitted of 
 " their being punctually answered. If any state should 
 " be unprepared, if the collections are incomplete, not 
 " a moment is to be lost. Delay will be disappoint- 
 " ment, and may involve consequences too interesting, 
 '•' too fatal, to be hazarded. Should the publick ope- 
 " rations, through languor and inattention, be retarded 
 " and stopped ; should those exertions, which have 
 " hitherto rendered this contest conspicuous to the 
 ( ' world, be intermitted, the fairest prospects and the 
 " most promising occasion may be irretrievably lost. 
 " Urge, therefore, the instant execution of every mea- 
 " sure which has been adopted, and the speedy adop- 
 " tion of such as yet remain to be taken. 
 
 " The specifick supplies required by the resolution 
 ;t of the 25th of February last, will forthwith become 
 ; * matter of equal urgency and importance. These
 
 1780.] DOMFSTICK AFFAIRS. 143 
 
 " must be relied on in future, as the principal, not to 
 " say the only resource from which the army is to be 
 " supported. From the obvious propriety of adopting 
 " the mode there described, as best suited to the ease 
 " and convenience of the respective states, as making 
 " a just apportionment of the burdens of the war, and 
 " as necessary for correcting abuses in the expendi- 
 " ture of the publick money, Congress have the ful- 
 11 lest confidence that the measure will be approved and 
 " successful, and by seasonably and amply providing 
 " for the army, enable them to act and co-operate as 
 " circumstances may require, with vigour and decision, 
 " through the ensuing campaign. 
 
 " The resources of our country, even after a five 
 " years obstinate and wasting war, are still abundant ; 
 " and, in articles the most essential, scarcely impair- 
 M ed. The spirit of the people is free to produce 
 u them. All that is wanting is an established mc- 
 " dium of negotiation to be applied in effecting it. 
 " Such we are firmly persuaded will be secured by a 
 " proper attention to the resolutions of the 18th of 
 " March last, from which, as the object is not confined 
 " to the purchase of publick supplies only, but ex- 
 M tends to the various transactions of the community, 
 " the most extensive benefits may be justly expected. 
 
 " The crisis calls for exertion. Much is to be done 
 " in a little time. And every motive that can stimu- 
 " late the mind of man presents itself to view. No 
 " period has occurred in this long and glorious strug- 
 " gle, in which indecision could be so destructive ; and 
 " on the other hand, no conjuncture has been more 
 " favourable to great and deciding efforts.
 
 144 SECRET JOURNAL. fMay 9 f 
 
 " We detain you no longer than to mention the ne- 
 " cessity of early and frequent communications on the 
 " subjects of this address ; and to remind you how 
 " much they contribute on all occasions, to the suc- 
 " cess of arrangements for the publick safety." 
 
 On motion of Mr. Lovell, seconded by Mr. Muhlen- 
 berg, 
 
 Resolved, That the resolutions of the 17th, respect- 
 ing lieutenant colonel Dericks, be repealed. 
 
 APRIL 25, 1780. 
 
 Mr. Plater, a delegate from Maryland, laid before 
 Congress a resolve of the assembly of that state, 
 granting licence to Mr. John Hunt to proceed to 
 Great Britain, and return with Mr. Ridley and family 
 by the way of New York, or otherwise ; and request- 
 ing " the honourable Congress to grant their passport to 
 " protect Mr. Hunt and Mr. Ridley and family and ef- 
 •' fects from capture by any vessel of war, privateer, 
 " or letter of marque, belonging to the United States, 
 '-'- or any of them, or to any subject of the United 
 "States:" Whereupon, 
 
 Resolved, That the request of the assembly of 
 Maryland be complied with ; and that the President be 
 authorized to grant letters of protection accordingly* 
 
 MAY 9, 1780. 
 
 The committee, consisting of Mr. Clarke, Mr. Lo- 
 vell and Mr. Jos. Jones, to whom was referred a 
 letter of the 5th from the board of war, report —
 
 1780.] DOMESTICK AFFAIRS. 145 
 
 That having conversed with the petitioner therein 
 referred to, and having received from the board the 
 testimonies mentioned by them respecting his reputable 
 character, they are of opinion that permission should 
 be granted to the petitioner to go to Great Britain, for 
 the purpose of removing his property from thence to 
 these United States ; and that a protection in the usual 
 form he given to him. 
 
 Resolved, That Congress agree to the report. 
 
 MAY 10, 1780. 
 
 On a report of the board of treasury — 
 Ordered, That a warrant issue on Thomas Smith, 
 commissioner of the continental loan office in the state 
 of Pennsylvania, for twenty-five thousand dollars, spe- 
 cie, in favour of Joseph Carleton, paymaster to the 
 board of war and ordnance, payable in bills of ex- 
 change to be drawn on the honourable John Jay, 
 esquire, minister plenipotentiary of the United States 
 of America at the court of Madrid, to be applied pur- 
 suant to the resolution of Congress of 21st April, re- 
 specting American prisoners ; and for which the said 
 J. Carleton is to be accountable. 
 
 MAY 20, 1780. 
 
 On the report of the said committee — 
 
 Resolved, That the marquis de la Fayette be re- 
 quested to make such communications as he has to of- 
 fer, relative to the military operations of the fleet and 
 vol. i. 19
 
 146 SECRET JOURNAL. [May 22, 
 
 army of his most christian majesty in America, to the 
 commander in chief of the American army. 
 
 Resolved, That the commander in chief, after hav- 
 ing received the communications of the marquis de la 
 Fiivetle, take such measures for carrying on the ope- 
 rations of the ensuing campaign as will effectually pro- 
 mole the purposes mentioned in the answer given to 
 the communications of the honourable the minister 
 plenipotentiary of France, on the 31st January last. 
 
 Resolved, That the committee who brought in this 
 report be requested to confer with the honourable the 
 minister ol France on the means of supplying the for- 
 ces of his most christian majesty, in case of their arri- 
 val in America, and to report thereon to Congress. 
 
 Resolved, That the same committee collect the in- 
 telligence requested in the communications of the che- 
 valier de la Luzerne ; and that they be for that pur- 
 pose empowered to establish correspondences with the 
 governours of any of the United States, or such other 
 persons as they may think proper; and that they lay 
 such intelligence before Congress. 
 
 MAY 22, 1780. 
 
 Resolved, That the President communicate to his 
 most christian majesty, through his minister the hon- 
 ourable the chevalier de la Luzerne, the grateful sense 
 that Congress entertain of his unremitted attention tO 
 the interests of these United States, evidenced by his 
 many great and generous efforts in their behalf; and 
 that his minister be informed of the proceedings of 
 Congress in consequence of his communications.
 
 1700.] DOMESTICK AFFAIRS. U| 
 
 JUNE I, 1780. 
 
 On a report of the board of war, to whom were re- 
 ferred a letter of 27th May, from governour Clinton, 
 and a letter of 28th May, from president Weare — 
 
 Resolved, That a post be established at Sliohckin, in 
 the county of Ulster, in the slate of New York, and 
 maintained at the expense of the United States. 
 
 That the said garrison be under the particular direc- 
 tion and superintendence of his excellency governour 
 Clinton, subjret however to the orders of the com- 
 mander in chief of the continental army. 
 
 That if the number of troops necessary to garrison 
 this post cannot be conveniently spared out of those 
 already voted by Congress, for the defence of the 
 frontiers of the state of New York, Congress approve 
 the employing from time to time, at the expense of 
 the United States, such number of militia as may be 
 sufficient for that purpose ; so as that the whole em- 
 ployed in this service do not exceed one hundred and 
 fifty men, with a proper proportion of officers. 
 
 Resolved, That the president and council of the 
 state of New Hampshire be authorized to embody and 
 maintain, at the expense of the United States, any 
 number of men not exceeding two hundred and fifty 
 rank and file, with a proportionable number of officers. 
 to assist in guarding the frontiers of that state. 
 
 On the report of a committee appointed to confer 
 with the honourable the minister plenipotentiary of 
 France — 
 
 Resolved, That the governour of the state of Con-
 
 148 SECRET JOURNAL. (.June 24", 
 
 necticut be, and he is hereby authorized to receive, on 
 account of these United States, out of the moneys rais- 
 ed by that state more than sufficient to discharge the 
 drafts heretofore made by Congress, and to comply 
 with the inquisition of Congress of the 20th of May 
 last, or out of the hills that shall be completed and 
 lodged in the continental loan office in that state for 
 the use of the United Slates, pursuant to a resolution 
 of Congress of the 18th of March last, one million 
 two hundred thousand dollars of the bills now in cir- 
 culation, or thirty thousand dollars of the bills last 
 mentioned, or a proportion of each, on the application 
 of monsieur de Corny, commissary of the troops in the 
 service of his most christian majesty ; and advance 
 the same to him, taking his receipts to replace the 
 same in specie in the treasury of these United States, 
 when required by Congress; the said receipts to be 
 transmitted to the treasury board as soon as possible. 
 
 JUNE 24, 1780. 
 
 The committee of commerce, to whom was referred 
 a communication of the minister of France, and a let- 
 ter of 18th May, from Mr. Carabasse, of Cape Fran- 
 cois, brought in a report : Whereupon, 
 
 Resolved, That the board of admiralty be directed 
 to order one of the continental frigates to proceed as 
 soon as possible to Cape Francois, and to take on 
 board all such publick goods and stores as Mr. Cara- 
 basse may have in his hands to ship; and to proceed 
 therewith to Delaware or Chesapeak Bay.
 
 1780.] DOMESTICK AFFAIRS. 149 
 
 JULY 14, 1780. 
 
 Congress took into consideration the report of a 
 committee on a memorial of Mr. du Simitiere ; and 
 thereupon came to the following resolution : 
 
 Whereas Pierre Eugene du Simitiere, of the city of 
 Philadelphia, hath, with great industry, and at much 
 expense, collected materials for a literary work to be 
 entitled, " Memoirs and observations on the origin and 
 " present state of North America," and hath solicited 
 Congress to grant him encouragement in preparing and 
 publishing the same; and whereas Congress are fully 
 satisfied that a work of this nature will greatly tend to 
 diffuse useful knowledge — 
 
 Resolved, That for the encouragement of the said 
 Mr. du Simitiere, in carrying on and completing his 
 said undertaking, it be, and it is hereby recommended 
 to the several states, upon his application, to afford 
 him such assistance as may be most beneficial to him, 
 in rendering his said work complete and useful. 
 
 AUGUST 2, 1780. 
 
 On the report of a. committee consisting of Mr. 
 Henry, Mr. M'Kean, Mr. Ward, Mr. J. Jones and 
 Mr. Ingersol, to whom was referred a letter of 18th 
 July from the committee at head quarters — 
 
 Resolved, That the resolutions of Congress where- 
 by the commander in chief is restricted in his opera- 
 tions to the limits of the United States, be reconsider- 
 ed, and the restriction taken off.
 
 150 
 
 SECRET JOURNAL. 
 
 [Aug. £, 
 
 On the question to agree to this, the yeas and nayg 
 having been required by Mr. Scott — 
 
 New Hampshire, Mr. Folsom, Ay. )»Av. 
 
 Massachusetts Bay, Mr. S. Adams, Ay. } 
 
 Mr. Love II, Ay.> Ay. 
 
 Mr. Ward, Ay.) 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 
 Delaware, 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina. 
 
 Mr. Cornell, Ay. )>Av. 
 
 Mr. S. Huntington, No. } 
 Mr. Sherman, Ay.> Ay. 
 Mr. B.Huntington, Ay.) 
 
 Mr. Scott, 
 
 Mr. Foil, 
 Mr. Clarke, 
 
 Ay. ^Av. 
 Ay.\ Av ' 
 
 Mr. Armstrong, Ay. } 
 Mr. Matlock, Ay.' Ay. 
 
 Mr. Ingersol, 
 
 Mr. M'Kean, 
 Mr. Vandyke, 
 
 Mi. Hanson, 
 Mr. Henry, 
 
 Mr. J. Jones, 
 Mr. Madison, 
 Mr. Walker, 
 
 Mr. W. Jones, 
 Mr. Hill, 
 
 Mr. Bee, 
 
 Mr. Kinlock, 
 Mr. Motte, 
 
 No.} 
 
 No «? NT 
 
 No. I No ' 

 
 1780.] DOMESTICK AFFAIRS. 161 
 
 Mr. Telfair, No. ) 
 
 Mr. Few, Ay. $ 
 
 Georgia, Mr. Telfair, No. } Divided . 
 
 So it was resolved in the affirmative. 
 
 AUGUST 9, 1780. 
 
 Congress resumed the consideration of the report on 
 the state of South Carolina and Georgia ; 
 
 And on motion of Mr. Walton, seconded by Mr. 
 Bee- 
 Resolved, That the board of treasury be directed 
 to prepare bills of exchange of suitable denomina- 
 tions upon the honourable Benjamin Franklin, minis- 
 ter plenipotentiary of the United States at the court 
 of Versailles, for one hundred thousand dollars in 
 specie. 
 
 On the question to agree to this, the yeas and nays 
 having been required by Mr. Sherman — 
 
 New Hampshire, Mr. Folsom, No. ^No. 
 
 Massachusetts Bay, Mr. Lovell, Ay. ) n 
 
 Mr. Ward, No. $ UIVIDET >- 
 
 Rhode Island, Mr. Cornell, Ay. ^Ay. 
 
 Connecticut, Mr. S.Huntington,No. } 
 
 Mr. Sherman, No.V No. 
 Mr. B.Huntington,No.) 
 
 New Jersey, Mr. Houston, Ay. y>'
 
 152 
 
 Pennsylvania, 
 
 Delaware, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 SECRET JOURNAL. 
 
 Mr. Armstrong, 
 Mr. Muhlenberg, 
 Mr. Matlock, 
 Mr. Ingersol, 
 
 Mr. M'Kean, 
 
 Mr. Van Dyke, 
 
 [Aug. 12, 
 
 AyA 
 
 Av ' Iay 
 No. f AY * 
 
 Ay.J 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 Mr. Hanson, Ay. )>X 
 
 Mr. J. Jones, 
 Mr. Madison, 
 Mr. Walker, 
 
 Mr. W. Jones, 
 Mr. Hill, 
 
 Mr. Laurens, 
 Mr. Bee, 
 Mr. Kinlock, 
 Mr. Motte, 
 
 Mr. Walton, 
 Mr. Telfair, 
 
 Ay.) 
 
 Ay. 5 
 
 Ay.^l 
 Ay- f 
 
 Ay.J 
 
 So it was resolved in the affirmative. 
 Resolved, That the bills be made payable at ninety 
 days sight. 
 
 AUGUST 12, 17C0. 
 
 On motion of Mr. Bee, seconded by Mr. Telfair — 
 Ordered, That the minisier of France be furnished 
 with a copy of the resolution of the 5th, respecting a 
 plan of operations to be concerted for expelling the 
 enemy from South Carolina and Georgia ; and that he 
 be informed that it is the desire of Congress that he
 
 1780.] DOMESTICK AFFAIRS. 153 
 
 will use his influence to cause such plan as the com- 
 mander in chief may form, or the measures which he 
 may recommend, to be undertaken by the forces of 
 his most christian and catholick majesties, in conse- 
 quence of the aforesaid resolves, to be carried into 
 effect. 
 
 AUGUST 19, 1780. 
 
 On a report of the board of treasury, to whom was 
 referred a letter of 15th from governour Rutledge — 
 
 On motion, 
 
 Resolved, That the board of admiralty be, and 
 hereby are, directed to order the Saratoga to sail im- 
 mediately ; and to obey such orders, and take charge 
 of such despatches, as they may receive from the com- 
 mittee of conference with the minister of France. 
 
 SEPTEMBER 29, 1780. 
 
 On motion of Mr. Matlock, seconded by Mr. Hous- 
 ton — 
 
 Resolved, That it be recommended to the states re- 
 spectively to supply their delegates with money for 
 their support by other means than drawing on the 
 treasury of the United States, except only such cases 
 as may render that mode indispensably necessary. 
 
 OCTOBER 4, 1780. 
 
 A letter from governour Jefferson being read — 
 Resolved, That the same be referred to the board 
 of war; and 
 
 vol. i. 20
 
 1j4 SECRET JOURNAL. [Oct. 25, 
 
 That so much of the twenty thousand pounds sterl- 
 ing, directed by a resolution of the 2d to be drawn on 
 the honourable John Jay and the honourable H. Lau- 
 rens, as shall remain aficr discharging the debts due 
 to Tracy and Co. and advancing seven thousand 
 pounds sterling to W. Bingham, be appropriated to 
 the providing and transporting arms for the troops 
 raising in Virginia for continental service. 
 
 OCTOBER 21, 1780. 
 
 A letter of 10th from governour Jefferson was read : 
 Whereupon, 
 
 Resolved, That the reasons assigned by his excel- 
 lency governour Jefferson, for inviting Ocanostota and 
 a few other principal warriors of the Cherokee nation 
 to visit Congress, and the commander in chief and 
 army, are wise and prudent; and that governour Jef- 
 ferson's letter, with the papers enclosed, be referred 
 to the board of war, who are directed to take order 
 for the accommodation of the said chiefs on their ar- 
 rival. 
 
 OCTOBER 25, 1780. 
 
 The committee, consisting of Mr. Cornell, Mr. Mat- 
 lock, Mr. Houston, Mr. Duane, and Mr. Henry, 
 report — 
 
 That from the report of the board of war of the 
 16th September, referred to them, it appears that the 
 troops are again in danger of suffering distress from 
 the want of clothing ; and that Congress are called
 
 1780.] DOMESTICK AFFAIRS. 15$ 
 
 upon to make every possible exertion to prevent a ca- 
 lamity which may be productive of the worst conse- 
 quences. That from the returns of the clothier gene- 
 ral of the 1st June last, referred to in the report of the 
 board of war, it appears that there were in the store 
 one thousand one hundred and ninety-six coats, two 
 thousand and twenty-seven vests, five hundred and 
 eighty-six woolen, nine hundred and seventy-one lea- 
 thern, and one thousand two hundred and fifty-six 
 drilling and linen breeches, and twenty- four thousand 
 six hundred and forty-five pair of shoes. That from 
 an examination of different returns of the agents, the 
 committee are of opinion there is a quantity of made 
 shirts, and linen on hand sufficient in the whole for 
 thirty five thousand shirts ; and that there are also on 
 hand fourteen thousand blankets; but what part of the 
 articles mentioned in the said returns are since ex- 
 pended, the committee arc uninformed. 
 
 That it appears from the above mentioned report of 
 the said board, that they know of no addition to the 
 quantities of clothing specified in the clothier gene- 
 ral's return, except the articles agreed for by Otis and 
 Henly, with monsieur Tracy and Co., which lie at Bos- 
 ton, and cannot be made use of, for want of money to 
 pay the workmen ; and except a small quantity of 
 clothing arrived in the French fleet, which they are 
 informed is sent off to headquarters, the quantity or 
 species they are unacquainted with ; but that the 
 whole stock of clothing on hand will bear a small pro- 
 portion to the quantities requisite. That from an 
 estimate made by Otis and Henly, the goods purchas- 
 ed from them will make up two thousand three bun-
 
 186 
 
 SECRET JOURNAL. 
 
 [Oct. 25, 
 
 drcd suits of clothes, four thousand six hundred and 
 fifty vests, and two hundred and sixty-seven pair of 
 cloth breeches, exclusive of their contract for three 
 hundred pair of leather breeches. 
 
 The committee find that Mr. de Beaumarchais, un- 
 der the name of Roderique Hortalez and Co. did, in 
 the month of May, 1777, lade on board of the ship La 
 Therese, at Nantes, a large quantity of clothing for the 
 United States, consigned to Mr. Carabasse, the cor- 
 respondent of Mr. de Beaumarchais, at Cape Fran- 
 cois, in the island of St. Domingo. That part of the 
 said clothing has, from time to time, been shipped by 
 Mr. Carabasse in different small vessels consigned to 
 the agents of Congress, most of which, it is said, have 
 safely arrived in North and South Carolina. 
 
 That it further appears to the committee, that there 
 still remains in the hands of Mr. Carabasse a considera- 
 ble part of the said clothing, viz. ninety-eight bales of 
 woollen cloths, fifty-five bales of thin woollen cloths, 
 seventy bales of white linen, twenty-five bales of worst- 
 ed hose, twenty-three bales of blankets, twenty bales 
 of worsted caps, and a quantity of buttons, silk, thread, 
 and trimmings. That by a letter from Mr. Carabasse, 
 of the 18th May, it appears, that it was not in his 
 power to remit the said goods for want of vessels ; and 
 that he is very importunate to be reimbursed for his 
 advances on account of the United States : Where- 
 upon, 
 
 Resolved, That the board of admiralty be, and 
 hereby is directed to despatch one of the continen- 
 tal frigates, as soon as can be done with any prospect 
 of safety, to Cape Francois, for the clothing and other
 
 1780.] 
 
 DOMESTICK AFFAIRS. 
 
 157 
 
 publick effects now in the care of Mr. Carabasse ; and 
 to bring the same into such port as the said board 
 shall judge to be most safe and convenient. That it 
 be referred to the commercial committee to report the 
 ways and means for reimbursing Mr. Carabasse the 
 money he has advanced for the United States. 
 
 
 NOVEMBER 1, 1780. 
 
 A letter of this day from major general Greene was 
 read: Whereupon, 
 
 Resolved, That Congress will cause bills of ex- 
 change to be drawn on the minister of these United 
 States at the court of Versailles, at ninety days sight, 
 to a sufficient amount to pay for five thousand suits of 
 clothes for the southern army ; provided the same can 
 be obtained upon reasonable terms. 
 
 On the question to agree to this, the yeas and nays 
 having been required by Mr. Lovcll — 
 
 Massachusetts, 
 
 Rhode Island, 
 Connecticut, 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Mr. Lovell, 
 Mr. Ward, 
 
 No. 
 Nt 
 
 Mr. Cornel, Ay. )>Ay. 
 
 Mr. S. Huntington, Ay. )-Ay. 
 
 Mr. Fell, 
 Mr. Clarke, 
 
 No. 
 Ay. 
 
 IVIDED. 
 
 Mr. Ingersol, 
 Mr. Matlock, 
 
 Mr. Plater, 
 Mr. Hanson, 
 Mr. Henry, 
 
 VIDED. 
 
 Ay.
 
 15ii 
 
 Virginia, 
 North Carolina, 
 South Carolina, 
 Georgia, 
 
 SECRET JOURNAL. 
 
 Mr. Madison, 
 Mr. Walker, 
 Mr. Bland, 
 
 Mr. W. Jones, 
 Mr. Hill, 
 Mr. Sharpe, 
 
 Mr. Matthews, 
 Mr. Bee, 
 Mr. Motte, 
 
 Mr. Walton, 
 Mr. Few, 
 Mr. Howly, 
 
 [Nov. 7 7 
 
 Ay. 
 
 Ay.) 
 
 r. V Ay. 
 
 Ay- 
 Ay.S 
 
 So it was resolved in the affirmative. 
 
 Ordered, That a committee of three be appointed to 
 inquire upon what terms a contract can be made for 
 the purpose above mentioned ; and that the committee 
 be directed also to inquire on what terms the same can 
 be procured, on condition to be paid for in specie at 
 the end of one year after the war, with an interest of 
 six per cent, per annum, in specie, in the mean time ; 
 or in tobacco, to be delivered in Virginia or Maryland. 
 
 The members — Mr. Hanson, Mr. Cornell, Mr. Mat- 
 lock. 
 
 NOVEMBER 7, 1730. 
 
 On the report of a committee to whom was referred 
 a letter of the 7th, from general Washington — 
 
 Resolved, That general Washington be, and hereby 
 is authorized and instructed to effect an exchange of 
 all continental prisoners of war, and now in possession
 
 1780.] DOIVTRSTTCK AFFAIRS. 159 
 
 of the enemy, and of the hostages given in Canada, as 
 well as of all officers on parole, and officers violators 
 of parole, and militia actually taken in arms and re- 
 maining prisoners of war, for an equal number of the 
 convention troops and other prisoners in our hands, 
 rank for rank ; and where similar rank will not apply, 
 to pursue the exchange on the footing of composition, 
 according to the valuation or tariff, agreed on by the 
 commissioners at Amboy in March last. 
 
 That the exchange of officers next in rank to such 
 as cannot be exchanged on the principle of equality 
 be considered and made on the principles of compo- 
 sition. 
 
 That all prisoners taken by the American forces in 
 the northern department, and permitted to return home 
 on parole, be considered and exchanged agreeably to 
 their rank and order of capture. 
 
 That the expense incurred for removing and sup- 
 porting the convention troops, from the time of their 
 capture, be adjusted by commissioners to be appoint- 
 ed for effecting the said exchange; and the balance, 
 after deducting the expense due for support of our 
 prisoners in the hands of the enemy, paid prior to the 
 exchange of any part of the said troops. 
 
 That general Washington empower the commission- 
 ers appointed on his part, in case any dispute should 
 arise respecting the support of the convention troops, 
 to submit the same to some proper arbitrating power 
 for determination, and to give hostages as a security to 
 refund, in case any part thereof shall be adjudged to 
 have been overpaid. But in case the commissioners 
 which may be appointed by the British commander in 

 
 16Q SECRET JOURNAL. [Nov. 7, 
 
 chief will not accede to the above terms, the commis- 
 sioners appointed by general Washington may propose 
 to them the exchanging the said troops without pay- 
 ment of expense, upon their submitting the 6ame as 
 aforesaid, and giving hostages for securing the pay- 
 ment of such sums as may be adjudged justly due. 
 
 That all officers be exchanged according to the rank 
 they held at the time of capture ; and such of the mili- 
 tary as have no regimental rank, by composition, to be 
 settled by the commissioners. 
 
 That a brigadier general be exchanged with each 
 division of the convention troops, one major general 
 with the first, and one with the last divisions ; and that 
 lieutenant general Burgoyne be included in and ex- 
 changed with the second division, as his remaining to 
 be exchanged with the third or last is altogether unmi- 
 litary and inadmissible. 
 
 That hostages be mutually given as a security that 
 the convention troops, and those received in exchange 
 for them, do not bear arms prior to the first day of 
 May next. 
 
 That general Washington be informed it is not the 
 sense of Congress to make this last article an ultima- 
 tum, unless from the present state of our army, the im- 
 probability of his being joined by the French troops, 
 or other circumstances, he shall be convinced that the 
 convention troops will, by the exchange, be put in a 
 situation to act with the British army at the southward 
 prior to our having an equal force in readiness to op- 
 pose them. 
 
 On passing this last clause, the yeas and nays having 
 been required by Mr. Willie Jones — 

 
 l-»80.] D0ME5TICK AFFAIRS. 161 
 
 Massachusetts Bay, Mr. S. Adams, Ay. ) A 
 Mr. Ward, Ay. j AY * 
 
 Connecticut, Mr. S. Huntington, Ay. )»Ay. 
 
 New York, Mr. Duane, Ay. )»Ay. 
 
 New Jersey, Mr. Fell, Ay. ) ^ 
 
 Mr. Clarke, No. 5 Dlv '° ED ' 
 
 Pennsylvania, Mr. Ingersol, Ay. ^Ay. 
 
 Maryland, Mr. Plater, Ay. ) . 
 
 Mr. Hanson, Ay. $ 
 
 Virginia, Mr. Madison, Ay. ) . 
 
 Mr. Bland, Ay. 5 AY# 
 
 North Carolina, Mr. W. Jones, 
 Mr. Sharpe, 
 
 South Carolina, Mr. Matthews, 
 Mr. Bee, 
 
 Mr. Kinlock, 
 Mr. Motte, 
 
 Georgia, Mr. Wjlton, 
 
 Mr. Few, 
 Mr. Howly, 
 
 So it was resolved in the affirmative. 
 
 Resolved, That the commander in chief be directed 
 to insist upon the exchange of those persons, prisoners 
 of war under the capitulation of Charleston, alluded to 
 in the order of the 23d day of September last, 
 vor,. t. 21
 
 162 SECRET JOURNAL. [Nov. 9, 
 
 NOVEMBER 9, 1780. 
 
 A circular letter to the states, accompanying the re- 
 solutions and requisition of 4ih November: 
 
 SIR, 
 
 Fully convinced of our inability to obtain the grand 
 object ol the federal union without the vigorous exer- 
 tions of the several states, we have thought it our 
 duty to make the requisitions contained in the enclosed 
 resolutions ; and we wish our constituents to be im- 
 pressed with the necessity of a speedy and punctual 
 compliance. For although, by the blessing of Provi- 
 dence, we have been conducted thus far in the war 
 with a powerful and enraged enemy, yet the events of 
 the present year have not enabled us to speak the 
 language of triumph. This indeed may be attributed 
 to a variety of causes ; but we cannot refrain from ob- 
 serving, that the unpunctuality of the states in their 
 supplies of men, money, and provisions, is not one of 
 the least. It is unnecessary to point out the publick 
 wants and distresses. They are too well known, too 
 generally felt. Hitherto the war has been carried on 
 principally by emissions of paper money. This being 
 depreciated, and Congress having, in compliance with 
 the general inclination and voice of their constitu- 
 ents, resolved to stop further emissions, we are com- 
 pelled to call upon the states for taxes and specifick 
 supplies. 
 
 An opinion seems to prevail, that foreign loans can 
 be obtained; and we perceive with regret that some
 
 1780.] DOME9TICK AFFAIRS. 163 
 
 arc disposed to place too great reliance on this source. 
 Duty compels us to be explicit with our constituents 
 on a subject of such interesting importance. Every 
 effort has been made for the purpose of procuring lo;ins, 
 but without sufficient success to justify a relaxation of 
 our own most vigorous exertions. 
 
 It is to be observed, that a powerful armed neutrali- 
 ty appears to be formed in Europe, determined to 
 support the freedom of commerce. Should overtures 
 of peace be the result of a convention of the neutral 
 powers, is it not our interest, is it not our indispen- 
 sable duty, to be prepared for such an event ? Our 
 object is of the greatest magnitude — the security, 
 freedom and independence of the United States ; and 
 experience evinces that no nation can promise itself a 
 safe and honourable peace which is not in condition t» 
 maintain a war with vigour. We are confident there 
 is no want of ability in the states to do this. Can ar- 
 guments then be necessary to call forth every internal 
 resource, which may contribute to put a happy period 
 to the war 1 Is it not high time to expel from our coun- 
 try an enemy, whose progress is marked with blood 
 and desolation, and whose successes inspire them only 
 with redoubled vengeance ? 
 
 The estimates may appear large, but we conceive 
 them to be absolutely necessary. To the utmost of 
 our power we have endeavoured to correct abuses in 
 the publick expenditures. We have called for the 
 aid of the respective executives. Again we recom- 
 mend this essential object to their attention. Nothing 
 on our part shall be wanting which may contribute 
 to promote the strictest economy in dispensing the
 
 164 SECRET JOURNAL. [Jan. 1, 
 
 supplies now required. We have only to add our 
 earnest desire that no time may be lost; and should 
 the legislature of your state not be in session on 
 the receipt of this letter, that it may be immediately 
 convened. 
 
 By order, and on behalf of the United States in 
 Congress assembled. 
 
 'o' 
 
 JANUARY 1, 1781. 
 
 A report on a letter of 23d August last, from Mr. J. 
 Adams, being read and recommitted — 
 
 A mo:ion was made by Mr. Madison, seconded by 
 Mr. Bee, 
 
 That so much of the letter from Mr. Adams as re- 
 lates to the probable operations of the enemy against 
 thi southern states be transmitted to the commander 
 in chief. 
 
 And that he be informed it is the desire of Congress, 
 that he should immediately make such distribution of 
 the forces under his command, including those of our 
 allies under the count Rochambeau, as will most ef- 
 fectually counteract the views of the enemy, and sup- 
 port the southern states. 
 
 A motion was made by Mr. Sharpe, seconded by 
 Mr. Varnum, to strike out the latter clause, " And that 
 " he be informed," &c. And on the question, Shall that 
 clause stand, the yeas and nays being required by Mr. 
 Howly — 
 
 New Hampshire, Mr. Sullivan, No. )>No. 
 
 Massachusetts Bay, Mr. Ward, No. ^X
 
 1781.] 
 
 DOMESTICK AFFAIRS. 
 
 16D 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 Pennsylvania, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 Georgia, 
 
 Mr. Varnum, No. ^No. 
 
 Mr. Huntington, Ay.) 
 
 Mr. Root, No. \ 
 
 Mr. Wolcott, No.) 
 
 No. 
 
 Mr. Floyd, 
 
 No. 
 
 Mr. Montgomery, No. 
 Mr. Clymcr, No. 
 
 Mr. Madison, 
 Mr. Bland, 
 
 Mr. Burke, 
 Mr. Sharpe, 
 Mr. Johnston, 
 
 Mr. Matthews, 
 Mr. Bee, 
 Mr. Motte, 
 
 Mr. Walton, 
 Mr. Few, 
 Mr. Howly, 
 
 Ay. 
 Ay. 
 
 No. 
 
 No. ' 
 No. 1 
 
 No. 
 
 Ay., 
 
 Ay/ 
 
 Ay. 
 
 No. 
 Ay. 
 
 )>No. 
 I No. 
 
 J*. 
 
 >No. 
 ' Ay. 
 I Ay. 
 
 So it passed in the negative, and the clause was 
 struck out. 
 
 It was then moved by Mr. Burke, seconded by Mr. 
 Sharpe, in lieu of the words struck out to insert 
 
 " And that he be desired to give his opinion to Con- 
 " gress on the expediency of ordering the forces of 
 " his most christian majesty now at Newport, in 
 " Rhode Island, to take post in Virginia" — 
 
 Which was agreed to. And on the question — 
 
 Ordered, That so much of the letter from Mr. Adams 
 as relates to the probable operations of the enemy 
 against the southeYn states be transmitted to the com-
 
 166 SECRET JOURNAL. [Jan. 1C, 
 
 mander in chief; and that he be desired to give his 
 opinion to Congress on the expediency of ordering the 
 forces of his most christian majesty now at Newport, 
 in Rhode Island, to take post in Virginia. 
 
 JANUARY 4, 1781. 
 
 On the report of a committee to whom was referred 
 a memorial of Peter January — 
 
 Resolved, That a passport be given to Peter Janua- 
 ary to enable him to go to Ireland, and to bring his 
 property from thence to America ; he rinding security 
 to engage in no trade further than what is necessary 
 to the transportation of his properly now in that 
 kingdom. 
 
 JANUARY 5, 1781. 
 
 On the report of a committee to whom was referred 
 a letter from J. M'Combe — 
 
 Resolved, That bills of exchange on the minister 
 plenipotentiary of these United States at the court of 
 Versailles for twelve hundred pounds sterling, paya- 
 ble at ninety days sight, be prepared by the board of 
 treasury, and delivered to the board of war, and nego- 
 tiated, for purchasing under their direction, clothing 
 for the New Jersey line. 
 
 JANUARY 16, 1781. 
 
 It being represented to Congress by the delegates 
 of South Carolina and Georgia, that all the treasury
 
 1781.] DOMESTICK AFFAIRS. V*1 
 
 and publick papers belonging to those states, were de- 
 posited some time since in Virginia ; and they have 
 reason to apprehend they may be in danger of falling 
 into the enemy's hands : Therefore, 
 
 Ordered, That on the application of the delegates 
 aforesaid, a warrant issue in their favour on Thomas 
 Smith, commissioner of the continental loan office for 
 the state of Pennsylvania, for twenty thousand dollars 
 of the old emissions, to enable them to remove the said 
 publick papers to some place of greater security ; and 
 for which sum the said states are respectively to be 
 accountable — South Carolina for two-thirds, and Geor- 
 gia for one-third of the said sum. 
 
 JANUARY 18, 1781. 
 
 A report from the board of war was read. 
 
 Ordered, That it be recommitted to the board, and 
 that they take order for having imported from France 
 with all convenient speed the brass howitzers men- 
 tioned in brigadier general Knox's letter of 27th Dc 
 cember. 
 
 JANUARY 29, 1781. 
 
 Resolved, That the clause in the act of Congress 
 of the 5lh, which directs " that the board of ad- 
 " miralty issue orders not to exchange any British sea 
 " officers or seamen, until the enemy shatl have return- 
 " ed to some of their garrisons in America, such sea 
 " men as they have taken upon the American coast--
 
 163 SECRET JOURNAL. [Feb. 20, 
 
 " and sent to Great Britain, or other parts beyond 
 " sea," be and is hereby repealed. 
 
 FEBRUARY 19, 1781. 
 
 On motion of the delegates of Virginia — 
 Ordered, That the quartermaster general transport 
 to fort Pitt four tons of powder, to be delivered to the 
 order of the state of Virginia ; and for which the said 
 state is to be accountable. That the expense of such 
 transportation be charged to the said state; and that 
 a warrant be issued by the board of treasury in favour 
 of the said quartermaster general, on the treasury of 
 Virginia, for twelve hundred dollars, in bills emitted 
 pursuant to the resolution of 1 8th March last, for which 
 the said state is to be credited. 
 
 FEBRUARY 20, 1781. 
 
 Ordered, That a committee of three be appointed 
 to draft a letter to the commander in chief, informing 
 him of the arrival of the enemy's reinforcement in 
 North Carolina ; and requesting him to confer with 
 the naval and land commanders of his most christian 
 majesty's forces at Rhode Island ; and if it shall ap- 
 pear, that the loss sustained by the British navy in the 
 late storm has rendered the French naval force supe- 
 rior, that he urge the necessity of sending the French 
 forces to the southward.
 
 1781.] DOMESTICK AFFAIR3. 16t 
 
 FEBRUARY 28, 1781. 
 
 On motion of Mr. M'Dougall, seconded by Mr. 
 Bland— 
 
 Whereas it is the policy of all wise nations to dis- 
 courage extravagance and promote economy in their 
 publick officers, and an attention to this policy is in- 
 dispensably necessary in republicks ; and whereas it 
 is improper for the officers of the army or navy of these 
 states to manifest the least disposition to imitate the 
 enemy in any respect which will not promote the ser- 
 vice of these states, especially to wear the uniform of 
 the enemy's array or navy : 
 
 Resolved, That after the first day of January next, 
 no officer whatsoever, in the service of the United 
 States, shall in any of them wear on his clothes any 
 gold or silver lace, embroidery, or vellum, other than 
 such as Congress or the commander in chief of the ar- 
 my or navy shall direct for the uniform of the corps, 
 and badges to distinguish officers. 
 
 Resolved, That after the said first day of January 
 next, no officer of any description in the army or navy 
 of the United States, or any other officer in their ser- 
 vice, shall wear any uniform usually worn by the Bri- 
 tish army or navy. 
 
 vol. i. 22 

 
 17© SECRET JOURNAL. [March 9, 
 
 MARCH 8, 1781. 
 
 IN COMMITTEE OF THE WHOLE. 
 
 On the subject of finance. 
 
 Papers read. — The letter of T. Pickering, quarter- 
 master general, March 3, 1781, 
 on the subject of salary and certi- 
 ficates, payable in specie or other 
 money equivalent. 
 Resolution, August 23, 1780, respect- 
 ing issuing certificates. 
 " Sept. 25, Explaining equi- 
 valent, 
 " " 26, Reconsidered. 
 
 " Nov. 22, Recommitted. 
 
 MARCH 9, 1781. 
 
 IN COMMITTEE OF THE WHOLE. 
 
 Resolved, That all debts now due from the United 
 States, which have been liquidated in specie value, 
 and all debts which have been or shall be made paya- 
 ble in specie, or other money equivalent, shall be 
 actually paid, either in specie, or in other money 
 equal thereto, according to the current exchange be- 
 tween such money and specie. 
 
 That it be and is hereby earnestly recommended to 
 the several states, to amend all laws making the bills of 
 credit emitted under the authority of Congress, a legal 
 tender, so that such bills shall 'not be a tender in any
 
 1781.] DOMESTIC* AFFAIRS. 171 
 
 other manner than at their current value compared 
 with gold or silver. 
 
 MARCH 10, 1781. 
 
 IN COMMITTEE OP THE WHOLE. 
 
 Resolved, That the states be immediately called 
 upon to furnish for the publick expense, and carrying 
 on the war, their proportions of one million five hun- 
 dred thousand dollars, quarterly ; the first quarterly 
 payment to be made on the first day of June next. 
 
 MARCH 13, 1781. 
 
 IN COMMITTEE OF THE WHOLE. 
 
 Resolved, That in the discharge of all this requisi- 
 tion, as well as those made by Congress 
 Amended. on the 26th August and the 4th Novem- 
 
 ber, on the states, for defraying the ex- 
 penses of the war, except those for sinking the bills 
 emitted by Congress prior to the 18th March, the bills 
 of credit emitted pursuant to the said resolutions of 
 the 18th of March last, shall be received at the trea- 
 sury of the United States as equal to and in lieu of the 
 like sum of specie, whether the' same shall have been 
 issued by the states paying them, or by any other 
 state ; and that interest be computed thereon in favour 
 of the states from whom such bills shall be received, 
 to the time assigned for discharging the several requi- 
 sitions respectively.
 
 172 SECRET JOURNAL. [March 14, 
 
 MARCH 14, 1781. 
 
 IN COMMITTEE OF THE WHOLE. 
 
 Resolved, That the certificates issued by the com- 
 missary and quartermaster general, under the authori- 
 ty of Congress, in pursuance of the resolution of 23d 
 August last, to be paid in specie or other money equi- 
 valent, shall be received from the states within which 
 the same shall have been issued, towards the discharge 
 of their quotas respectively ; and that interest be com- 
 puted thereon in favour of such states to the time as- 
 signed for discharging such quotas. 
 
 That the respective states make exact returns to the 
 board of war by the first day of June next, of all arti- 
 cles by them supplied, agreeably to the resolution of 
 the 25th day of February, 1780. 
 
 That the United States in Congress assembled will 
 then call upon the deficient states for the full amount 
 of their deficiencies in value, to be paid into the trea- 
 sury of the United States by the first day of Septem- 
 ber, 1781 ; and the product thereof shall be appro- 
 priated to make good the deficiency that may arise by 
 receiving the certificates of the commissary and quar- 
 termaster general, in payment of taxes for the current 
 year; but if there shall happen to be an overplus, it 
 shall be credited in a just proportion to the states in 
 advance toward their payment of the last quarterly tax 
 for the current year.
 
 1781.] DOMESTICK AFFAIRS. 173 
 
 APRIL 7, 1781. 
 
 IN COMMITTEE OF THE WHOLE. 
 
 Mr. Matthews in the chair. 
 
 Resolved That there ought to be one general cur- 
 rency in bills of credit in these United States, in aid 
 of the circulating medium in specie, to enable the 
 United States in Congress assembled effectually to 
 prosecute the present war. 
 
 SUNDAY, APRIL 8, 1781. 
 
 The United States in Congress assembled having 
 received intelligence that an embarkation of a body of 
 of troops is in forwardness at New York, the object 
 of which is the taking possession of the neck of land 
 lying between the head of the Chesapeake Bay and 
 the river Delaware, whereby all the stores and provi- 
 sions on the peninsula may fall into the hands of the 
 enemy, unless immediately removed — 
 
 Ordered, That the board of war take immediate 
 measures for the removal of the publick stores within 
 the said peninsula ; and that it be and is hereby recom- 
 mended to the executives of the states of Delaware, 
 Maryland, and Virginia, to take the like measures with 
 respect to all the provisions and forage belonging to 
 the said states respectively, or to the citizens thereof, 
 which will not be necessary for the consumption of the 
 inhabitants.
 
 174 SECRET JOURNAL. [April 18, 
 
 APRIL 18, 1781. 
 
 The committee, consisting of Mr. Duane, Mr. Sharpe, 
 and Mr. Wolcolt, appointed to estimate and state the 
 amount of the debts due from the United States, with 
 the necessary estimates for the current year, as near as 
 can be done, in order that the same may be laid be- 
 fore the respective legislatures, report, 
 
 That they have attended to this business; but from 
 the unsettled condition of the publick accounts they 
 can only give a general view of the publick debts. 
 
 [See next page.]
 
 1781.] 
 
 DOMESTICK AFFAIRS. 
 
 175 
 
 s 
 
 o 
 
 
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 186 SECRET JOURNAL. [Ap" 1 18 » 
 
 The distresses of the army for want of provisions,and 
 their uneasiness and dissatisfaction for want of pay, 
 have been so great and so notorious, and the clamours 
 of publick creditors so loud, that it is become neces- 
 sary to state the measures which Congress have pur- 
 sued, and the steps they have taken from time to time 
 to support the war, to provide for publick exigencies, 
 and to guard against the clangers and embarrassments 
 with which we are now threatened for want of timely 
 supplies of money. 
 
 It cannot be forgotten that these United States were 
 plunged into a war, and that an army was drawn to- 
 gether before any money was provided, or funds es- 
 tablished for defraying the expense thereof. Arms, 
 ammunition and implements of war were all to be 
 procured, as well as provisions, subsistence, and pay 
 for the troops, suddenly called forth to oppose an ene- 
 my already in the heart of our country, and in posses- 
 sion of one of our capital towns. In this situation of 
 affairs Congress met in May, 1775. They had no 
 resource from whence to derive present supplies but 
 that of emitting bills of credit, redeemable at a future 
 d*y. This was an expedient which was well known, 
 and had often been practised to good effect in the several 
 colonies. Accordingly, on the 22d of June, 177£, they 
 agreed to emit bills of credit to the amount of two 
 millions ; and on the 25th of July following increased 
 the sum to three millions of dollars; — for the redemption 
 of which they pledged the confederated colonies; and 
 directed each colony to provide ways and means to 
 sink its proportion or quota, which was then ascer- 
 tained, in such manner as would be most effectual and
 
 1781.] DOMESTICK AFFAIRS. 181 
 
 best adapted to the condition, circumstances and equal 
 mode of levying taxes in such colony, in four annual 
 payments ; the first to be made on or before the last of 
 November, 1779, before which time it was hoped the 
 contest might be brought to a conclusion. On the 
 29th of November following, an estimate having been 
 formed of the publick expenses already arisen, and 
 which might accrue in the defence of America, to the 
 10th of June, 1776, Congress resolved to emit a further 
 sum of three millions of dollars, to be redeemed as the 
 former, by four annual payments, the first to be made 
 on or before the last day of November, 17 83. It was 
 at the same time resolved, that the proportion or quota 
 of each respective state should be determined accord- 
 ing to the number of inhabitants of all ages, includ- 
 ing negroes and mulattoes in each colony ; and for this 
 purpose it was recommended to the several assemblies, 
 &c. to ascertain by the most impartial means in their 
 power the number of inhabitants in each respective 
 colony, and make returns thereof to Congress as soon 
 as possible. 
 
 At this time a hope was still entertained that an ac- 
 commodation would take place, and that hostilities 
 would soon cease. But having received advice, in the 
 winter following, that Great Britain had contracted for 
 a large body of Hessians, and other German mercena- 
 ries, which were to be sent over to subdue America, 
 Congress found it necessary to make suitable prepara- 
 tions, which consequently increased the expense; and 
 therefore, on the 17th of February, they ordered four 
 millions of dollars to be emitted on the same security
 
 182 SECRET JOURNAL. [April 18, 
 
 as the former sums ; and on the 9th of May following, 
 emitted five millions more on the like security. 
 
 The powerful fleet and army sent against America 
 in the summer of 177G, and the professed design of 
 Great Britain to subdue by force, or to bring the colo- 
 nies to unconditional submission, obliged Congress to 
 declare Independence, and to call in the aid of militia, 
 and consequently increased the expense ; and there- 
 fore, on the 22d July, they emitted five millions more. 
 
 But as it was foreseen that such repeated issues of 
 bills of credit would increase the quantity to too great 
 a degree, and consequently occasion their deprecia- 
 tion, it was resolved on the third ol October following 
 to borrow five millions of dollars ; and in November, a 
 lottery was set on foot for raising a further sum on loan. 
 
 As the governments of the several states were not 
 yet sufficiently organized and in vigour, and as the ex- 
 penses of arraying and equipping the militia were 
 great, and the resources from commerce cut olf, it was 
 not thought proper to proceed to taxation. And as 
 neither loans nor the lottery were sufficiently produc- 
 tive, necessity compelled to further emissions of bills 
 of credit. By this means the paper currency being 
 multiplied, began to depreciate. It was therefore re- 
 solved on the 10th of September, 1777, to prepare an 
 earnest recommendation to the states to proceed to 
 taxation. The invasion of Pennsylvania, and the re- 
 moval of Congress from Philadelphia, prevented this 
 from being done as soon as might have been wished ; 
 but on the 22d of November, 1777, it was recommend- 
 ed to the states to raise by taxes, for the service of 
 the year 1778, the sum of five millions of dollars, and
 
 1781.] DOMESTICK AFFAIRS. 183 
 
 to pay the same into the puhlick treasury in four quar- 
 terly payments. Previous to this it had been resolved 
 to borrow larger sums ; and to encourage the money 
 holders to lend, it was agreed to pay the interest by 
 bills of exchange drawn on our commissioners in 
 France. 
 
 Unfortunately the tax failed, and the sums obtained 
 from loans were greatly inadequate to the expendi- 
 ture : consequently more money was emitted ; and not- 
 withstanding the favourable turn in our affairs in 1778, 
 depreciation increased with amazing rapidity. 
 
 At the close of the year, 1778, the sums emitted and 
 borrowed amounted to about one hundred and eight 
 millions. Congress, anxious to put a stop to any far- 
 ther emissions, and to provide a fund for redeeming 
 what was issued, called upon the states on the first of 
 January, 1779, to pay into the continental treasury 
 their respective quotas of fifteen millions of dollars for 
 the service of that year, and of six millions annually, 
 from and after the year 1779, as a fund for sinking the 
 emissions and loans to the 31st of December, 1778 $ 
 and on the 21st of May following, in addition to the 
 above, on account of the great depreciation of the pa- 
 per, the states were called on to furnish for the ser- 
 vice of the year 1779, their respective quotas of forty- 
 five millions — the whole to be paid into the continental 
 treasury before the first of January, 1780. A com- 
 pliance with these requisitions would not only have 
 answered the necessary exigencies of the year, but 
 would have arrested depreciation in its progress. But 
 as these were not complied with in due time, and as 
 the demands of the publick were pressing and constant.
 
 1«4 SECRET JOURNAL. (April 1C ? 
 
 the prospect of future taxes served only as a stimulus 
 to urge those who had in their possession the supplies 
 and necessaries wanted, to enhance the price, in order 
 to pay their taxes with greater ease : while at the same 
 time the publick treasury, receiving no recruit from 
 taxes, was from time to time replenished with new 
 emissions ; and from these causes combined, deprecia- 
 tion, instead of receiving a check, proceeded with 
 redoubled vigour. 
 
 As the failure of the slates was attributed to their 
 not having received the requisitions in due lime, Con- 
 gress resolved in future to remedy that defect ; and 
 therefore, early in the fall of 1779, took into conside- 
 ration the means of providing for the ensuing year; 
 and on the 6th of October, accommodating themselves 
 to the depreciation as it then stood, and still flattering 
 themselves that the taxes already called for, if duly 
 collected, would stop it where it was, and answer de- 
 mands on the publick till February following, they 
 called upon the states to pay into the publick treasury 
 on the first day of February, 1780, and on the first 
 day of each succeeding month, to the first of October 
 inclusive, their respective quotas of fifteen millions. 
 
 It should be observed that on the 1st of September, 
 1779, the sum emitted and in circulation amounted to 
 one hundred and fifty-nine millions nine hundred and 
 forty-eight thousand eight hundred and eighty dollars; 
 and as there was a general outcry on account of the 
 depreciation and the floods of money emitted, Con- 
 gress resolved that they would on no account whatever 
 emit more bills of credit than to make the whole 
 amount of such bills two hundred millions. And as
 
 1781.] DOMESTICK AFFAIRS. 186 
 
 forty millions fifty-one thousand one hundred and twen- 
 ty dollars remained to complete the two hundred mil- 
 lions, they on the 3d of the same month resolved that 
 they would emit such part only of the said forty mil- 
 lions fifty-one thousand one hundred and twenty dol- 
 lars as should be absolutely necessary for the publick 
 exigencies, before adequate supplies could be other- 
 wise obtained, relying for such supplies on the exer- 
 tions of the several states. 
 
 This was represented to the states in an address 
 dated the 13th September; and they were earnestly 
 entreated not to leave Congress without supplies, nor 
 to let in that flood of evils which would follow from 
 such a neglect. Notwithstanding this earnest address 
 and representation, Congress were compelled by ne- 
 cessity to issue the remainder of the two hundred mil- 
 lions ; and the army was in such extremity for want of 
 provisions, that the commander in chief was reduced 
 to the sad alternative, either to suffer it to disband, or 
 to collect supplies by military force. He preferred 
 the latter, and the inhabitants of New York and New 
 Jersey, though they felt the injury, saw the necessity, 
 and patiently submitted. 
 
 To prevent the like evils in future, Congress, on the 
 25th of February, 1780, called on the states forthwith 
 to procure their respective quotas of supplies in enu- 
 merated articles for the ensuing campaign. And as 
 by the continual depreciation of the continental cur- 
 rency, the community was suffering great injustice, the 
 publick finances were deranged, and the necessary 
 dispositions for the defence of the commonwealth 
 much impeded and perplexed, they on the 18th of 
 vol. i. 24
 
 Iflfl SECRET JOURNAL. [AprU 18^ 
 
 March, 1780, recommended that the fifteen million 
 monthly tax should be continued from October to April, 
 1781, inclusive; and that thirteen of those monthly 
 quotas, namely, from March, 1780, to April, 1781, 
 both inclusive, should be applied solely to redeem or 
 sink the old money, which was to be cancelled and 
 burned as fast as brought in ; and in lieu thereof, new 
 money was to be emitted in the proportion of one of 
 the new for twenty of the old ; so that when the whole 
 two hundred millions were drawn in and cancelled, 
 ten millions new money would be thrown into circula- 
 tion ; of which four-tenths were to have been subject 
 to the order of Congress, and the other six-tenths to be- 
 long to the several slates. The effects of this resolu- 
 tion, if it had been punctually executed according to 
 the intention of Congress, would have been — 1st. The 
 cancelling the old money ; 2d, reducing the currency 
 to a more fixed standard ; 3d, supplying the stales 
 with money to purchase the supplies required from 
 them by the act of the 25th February ; and 4th, ena- 
 bling Congress to pay the army, discharge the princi- 
 pal debts already contracted, and to provide for the 
 exigencies of the ensuing campaign. But as this was 
 not done, Congress was again driven into temporary 
 expedients. 
 
 The enemy knew our situation, and were exerting 
 their utmost efforts to take advantage of it. The sou- 
 thern states were invaded. A descent was threatened 
 on New Jersey. The posts on Hudson's river were 
 in danger. 
 
 In order to put the army in motion, Congress were 
 obliged to raise money by drawing bills on their minis-
 
 1781.] DOMESTICK AFFAIRS. 187 
 
 ters abroad ; although they had not sufficient assuran- 
 ces that those hills would be honoured. On the 19th 
 May, Congress called upon the states, from New Hamp- 
 shire to Virginia, both inclusive, to collect and pay into 
 the publick treasury, in thirty days, ten millions conti- 
 nental currency, part of the sum required to be paid 
 last year. The states, in order to comply with this, 
 pressed the collection of taxes, which occasioned such 
 a clamour from those who had furnished supplies on 
 credit, that on the 27th of the same month Congress 
 recommended to the legislatures of the several states 
 to empower the collectors of continental taxes due 
 before the 1st March, 1780, to receive in payment 
 thereof the notes or certificates which had been given 
 by the quartermaster and commissary of purchases 
 for such supplies. 
 
 Until the opening of this campaign, the army had 
 borne their sufferings with unparalleled patience and 
 perseverance. What pay they had hitherto received 
 had been chiefly depreciated money. Congress had 
 not been unmindful of their sufferings and faithful ser- 
 vices. As early as September, 1776, they had resolv- 
 ed to make provisions for granting lands in certain pro- 
 portions to the officers and soldiers who would engage 
 in the service, and continue therein to the close of the 
 war, or until discharged by Congress, and to the repre- 
 sentatives of such officers and soldiers as might be 
 slain by the enemy. On the 15th of May, 1778, they 
 resolved unanimously that all military officers com- 
 missioned by Congress, who then were, or thereafter 
 might be, in the service of the United States, and con- 
 tinue therein during the war, should, after the conclu-
 
 188 SECRET JOURNAL. [April 18, 
 
 sion thereof, receive annually for the term of seven 
 years, if they lived so long, one half of the pay then 
 established for such officers, with a proviso, that gene- 
 ral officers should not receive more than the half pay 
 of a colonel ; and it was also resolved, that non-com- 
 missioned officers and soldiers enlisted for the war 
 should, at the expiration thereof, receive a reward of 
 eighty dollars. 
 
 On the 17th August, 1779, having prefaced their re- 
 solution with a preamble setting forth that the army of 
 the United States of America, by their patriotism, 
 valour and perseverance in the defence of the rights 
 and liberties of their country, were entitled to the gra- 
 titude as well as approbation of their fellow citizens, 
 they recommended it to the several states to make 
 such further provision for the officers and soldiers en- 
 listed for the war, to them respectively belonging, and 
 who should continue in service till the establish- 
 ment of peace, as should be an adequate compensation 
 for the many dangers, losses, and hardships they may 
 have suffered in the course of the contest ; either by 
 granting to their officers half pay for life, and proper 
 rewards to their soldiers, or in such other manner as 
 might appear most expedient to the legislatures of the 
 several states. And it was further recommended to 
 the several states to make such provision for the 
 widows of such of their officers and such of their sol- 
 diers enlisted for the war, as had died or might die in 
 the service, as would secure to them the sweets of that 
 liberty for the attainment of which their husbands had 
 nobly laid down their lives.
 
 1781.] DOMESTICK AFFAIRS. 189 
 
 On the 10th of April, 1780, they resolved, that as 
 soon as the state of the publick finances would admit, 
 they would make good to the line of the army, and 
 the independent corps thereof, the deficiency of their 
 original pay occasioned by the depreciation of the 
 currency ; but none were to derive benefit from this 
 resolution except such as had engaged to serve during 
 the war, or for three years, and were then in service, 
 or should thereafter engage to serve during the war. 
 
 And now on the 13th August, 1780, they resolved 
 that from and after the first of the said month, the 
 army shall receive their pay in the new bills emitted 
 pursuant to the resolution of the 18th March, 1780, 
 and again recommended to such of the states as have 
 not made compensation to their officers and soldiers, 
 agreeably to the resolution of the 17th August, 1779, 
 to do it as soon as possible. At the same time the 
 provision for granting lands was extended to the gene- 
 ral officers. And on the 24th of the same month the 
 resolution of the 15th of May, 1778, granting half pay 
 for seven years to the officers of the army who should 
 continue in service to the end of the war, was extend- 
 ed to the generals, and such officers as had died or 
 should thereafter die in the service, to commence from 
 the time of such officers' death ; or, if there should be 
 no widow, or in case of her intermarriage, that it 
 should go to the orphan children of such officer. 
 
 And it was recommended to the legislatures of the 
 states to which such officers belonged to make provi- 
 sion for paying the same on account of the United 
 States.
 
 190 SECRET JOURxNAL. [April 18, 
 
 Still the publick treasury remained unsupplied ; and 
 the army continued without pay, and oftentimes in 
 great distress for want of provisions. Debts were ac- 
 cumulating, and the creditors more and more clamo- 
 rous. 
 
 Under these circumstances Congress, on the 26th 
 of August, 1780, earnestly recommended to the seve- 
 ral states to take the most speedy and effectual mea- 
 sures in their power for drawing in their respective 
 quotas of the continental bills of credit, by taxes or 
 otherwise, in order that the new money might be issued. 
 And at the same time it was recommended to the states 
 to raise by taxes, payable in the said new bills, their 
 respective quotas of three millions of dollars ; and to pay 
 the same into the publick tfeasury as soon as possible, 
 the payment to be fully completed by the last day of 
 December following. From this it was hoped that 
 Congress would draw a supply of money to enable 
 them to pay the army, and carry on the war with vigour ; 
 to discharge the unfunded debts ; and to pay the inte- 
 rest due on loan office certificates. Their expecta- 
 tions were again disappointed. The consequences 
 that ensued from the failure, though alarming and pain- 
 ful to recollect, were far short of what might have been 
 apprehended. Yet the requisition of the 15th Janua- 
 ry, 1781, after the mutiny in the Pennsylvania and 
 Jersey lines, for eight hundred and seventy-nine thou- 
 sand three hundred and forty-two dollars for the imme- 
 diate pay of the arrears due to the army, has not yet 
 been complied with. 
 
 This recapitulation is made, not with a view to cri- 
 minate, but to shew that Congress have done every 
 

 
 1781.] DOMESTICK AFFAIRS. 191 
 
 thing in their power to carry on the war, and to pre- 
 vent the embarrassments under which our affairs now 
 labour. 
 
 It now remains to estimate the supplies necessary for 
 the current year; and to point out the measures alrea- 
 dy taken for obtaining those supplies. 
 
 Congress by their resolutions of the 3d and 21st of 
 October last, have resolved that the army for the en- 
 suing campaign shall consist of six legionary corps, 
 four regiments of artillery, fifty regiments of infantry, 
 and one regiment of artificers, amounting to thirty-five 
 thousand seven hundred and forty-eight rank and file. 
 
 The pay and subsistence according to the present 
 establishment for one year amounts to $5,104,385 
 
 Provisions for ditto, 4,357,012 
 
 Quartermaster's department estimat- 
 ed, 4,000,000 
 
 Hospital department, 200,000 
 
 Ordnance department, 266,666f 
 
 Navy department, 400,000 
 
 Debts due to the civil officers under 
 
 Congress, 98,927|§ 
 
 Civil list and contingencies for the 
 
 current year, 1,885,000 
 
 Arrears due to the army up to the 31st 
 
 December, 1780, 1,000,000 
 
 Two years interest on certificates 
 
 payable at the several loan offices, 595,466f £ 
 
 Certificates 'given by quartermasters 
 
 and commissaries, &c. estimated, 1,500,000 
 
 Total $19,407,457^
 
 192 SECRET JOURNAL. [April 18, 
 
 No charge is made for clothing, new arms, or am- 
 munition, as it is hoped the measures taken for pro- 
 curing them will be effectual. 
 
 The measures taken for obtaining these supplies. 
 By the act of the 4th of November 
 last, the states have been called 
 upon to furnish the provisions ne- 
 cessary, amounting to - - - - $4,357,012 
 By the same act they are called upon 
 to raise and pay into the continen- 
 tal treasury, in four quarterly pay- 
 ments, the first payment to be made 
 
 the 1st June next, 1,642,988 
 
 The requisition of the 26th August, 
 1780, which has not yet been re- 
 ceived, is relied on as indispensa- 
 ble, 3,000,000 
 
 The old money must be called in and 
 cancelled. For until that is done 
 no regularity can be introduced into 
 the finances, nor any dependence 
 placed on any requisitions made. 
 For as the old currency is daily de- 
 preciating, and as the same, by 
 laws of many of the states, is made 
 a standard by which to value the 
 new money, unless it be speedily 
 destroyed, it cannot fail to sink the 
 new. It is therefore indispensa- 
 bly necessary, that it be called in 
 without delay. This will give the 
 United States in Congress assem-
 
 1781.] DOMESTICK AFFAIRS. 193 
 
 bled a command of new money to 
 
 the amount of 3,200,000 
 
 The duties on imports and prizes, 
 which, from the propriety as well 
 as necessity of the measure, it is 
 not to be doubted but the several 
 states will readily grant on the 
 terms proposed by Congress, will, 
 it is presumed, produce in the 
 course of the current year - - - 500,000 
 
 And as it is to be presumed that the 
 states have taken measures to com- 
 ply with the requisitions of Janua- 
 ry, May, and October, 1779, it is 
 hoped they will now see the necessi- 
 ty of carrying those measures into ef- 
 fectual execution, or at least take 
 the necessary steps for calling in 
 the quartermasters' and commis- 
 saries' certificates to the amount 
 of their respective deficiencies, 
 which by a return from the board 
 of treasury are 468.201 
 
 On the 16th March last the states 
 were called on for their respective 
 quotas of one and half million of dol- 
 lars quarterly, the first payment 
 to be made 1st June next. Three 
 quarterly payments amount to - 4.500.000 
 vol. r. 25
 
 194 SECRET JOURNAL. [April 18, 
 
 Suppose the foregoing funds produc- 
 tive, still there will be a deficiency 
 to be provided for amounting to - l,739,256|f 
 
 Total $19,407,457^ 
 
 It will moreover be necessary to provide funds for 
 paying the interest of the debts contracted in Europe. 
 With a view to this, Congress, in their requisition of 
 February, 1780, among other specific supplies, called 
 upon the states of Virginia and Maryland to furnish 
 a quantity of tobacco, which it was expected might 
 have been shipped to France, and been the beginning 
 of a fund for defraying the expenses of our ministers 
 at foreign courts, and paying the interest of moneys 
 borrowed in Europe. But the want of ships last fall, 
 and the naval superiority of the enemy in Chesapeak 
 Bay this spring, have prevented the publick from de- 
 riving any advantage from that requisition. 
 
 It has been before observed, that the debts con- 
 tracted abroad amount, by computation, to the sum of 
 six millions of dollars, the annual interest of which is 
 three hundred and sixty thousand dollars. The an- 
 nual interest of the money borrowed on certificates 
 previous to the 1st of March, 1778, and which is to be 
 paid by bills drawn on our minister at the court of 
 France, amounts to 438,798|i. 
 
 The credit and honour of the United States require 
 that a fund should be provided not only for defraying 
 this interest, but also for discharging the principal, or 
 at least those certificates for the interest of which bills 
 are to be drawn annually on our minister, who has no
 
 1781.] DOMESTICK AFFAIRS. 10* 
 
 fund to apply to that purpose, and who therefore has 
 to depend on the success of his solicitations, as it be- 
 comes due. 
 
 And what equally concerns the honour of the United 
 States, a fund should be provided for defraying the 
 expenses of our ministers abroad. This shows the 
 absolute necessity of the states immediately granting 
 the duties on imports and prizes as requested by Con- 
 gress. 
 
 Before we conclude it may not be amiss to observe, 
 that from the constant depreciation of the currency, 
 and the unpunctuality of the states in complying with 
 the requisitions of Congress, the sums called for when 
 paid in have heretofore always been greatly inade- 
 quate to the purposes designed. 
 
 The foregoing report being twice read and debated 
 by paragraphs, was agreed to. 
 
 Ordered, That copies thereof be sent to the seve- 
 ral states. 
 
 APRIL 19, 1781. 
 
 The report of a committee, consisting of Mr. S. 
 Adams, Mr. Duane, and Mr. Wolcott, to whom was 
 referred a letter of March 10th, in the name and be- 
 half of the general court of Massachusetts, was taken 
 into consideration, and the same being read twice, was 
 agreed to, as follows : 
 
 The letter under consideration represents " That 
 " there is reason to suppose that the state of Massa- 
 chusetts is called on for contributions in an undue 
 " proportion to her abilities. That the duty on imports
 
 196 SECRET JOURNAL. [April 19* 
 
 " and prizes required by Congress will be an unequal 
 " burden on some of the states. That it is impossi- 
 " ble, if the proposition should be acceded to at all, that 
 " it will be on any other plan, than that the produce 
 "shall be passed to the credit of the state. And that 
 " its mercantile interest object against it as partial, al- 
 " leging that it is notorious that the commodities 
 " which they import are vended below their cost." 
 
 Your committee have deliberately considered these 
 several objections ; and are persuaded of their insuffi- 
 ciency to justify any alteration in the act to which the 
 objections are made, either as to the duty itself, or the 
 manner of its application. Nothing is more to be 
 wished, than that Congress was enabled to assign to 
 the respective states their quotas of aids on fixed and 
 equitable principles. The necessity of it, as early as 
 the year 1775, was fully understood. The states were 
 then called upon to sink by taxes their respective pro- 
 portions of the bills of credit ordered to be emitted. It 
 was directed that the quota of each should be deter- 
 mined according to the number of its inhabitants of all 
 ages ; and the governments then in being were pressed 
 to ascertain by the most impartial means in their pow- 
 er, and to return as soon as possible, the number of 
 inhabitants. This recommendation was in vain at- 
 tempted to be enforced. With very few exceptions, 
 it has been neglected to this day. The confederation 
 prescribed another rule for fixing the quotas of aids 
 for the common defence, or general welfare, namely, 
 that they shall be supplied by the several states in 
 proportion to the value of all appropriated lands, and 
 the houses, and buildings in the respective states.
 
 1781.] DOMESTICK AFFAIRS. 107 
 
 But the attainment of such an estimate, flagrante bcllo, 
 is difficult ; perhaps in some states, which are the seat 
 of war, impracticable ; in e\ery view it must be re- 
 mote. Thus Congress, without an accurate know- 
 ledge of the comparative wealth and abilities of the 
 respective states, were, from the necessity of the 
 case, obliged not only to call for aids, but to appor- 
 tion those aids on such information as thoy possessed. 
 Apprized that the quotas might be unequal, they pro- 
 vided the best remedy in their power, and which will 
 ultimately do justice to all the states, each being en- 
 titled, on a final settlement, to full credit for the princi- 
 pal and interest of all advances beyond their due pro- 
 portion. 
 
 The ravages of the enemy in some of the states, and 
 their possession of strong posts throughout South Ca- 
 rolina and Georgia, have unavoidably occasioned an 
 increase of the quotas of such states as enjoy greater 
 internal tranquillity and freedom of commerce. Whe- 
 ther Massachusetts in particular hath been called 
 upon in an undue proportion to her abilities, as seems 
 to be apprehended, cannot now be determined ; but 
 their honourable court do justice in ascribing it, if it has 
 happened, to errour. That no partiality could have 
 been intended, is as certain, as that the most punc- 
 tual compliance with the respective requisitions is es- 
 sential to the publick safety. 
 
 Imported commodities, it is affirmed, are vended in 
 Massachusetts below their original cost; and that 
 therefore the proposed duty will operate partially 
 against the mercantile interest. Information respect- 
 ing imports into Philadelphia leads us to conclude
 
 198 SECRET JOURNAL. [April 19, 
 
 that the disadvantage pointed out in this objection 
 arises from accidental circumstances, and not from 
 any permanent cause. But it seems sufficient to ob- 
 serve, that either a profit will arise on foreign com- 
 modities, or the importation must cease. For no 
 commerce can be long pursued, which, instead of en- 
 riching, impairs the substance of the merchant. Be- 
 sides, the aid required ought not to be measured by 
 the present hour. It will be contributed many years 
 after peace shall be established, and when we may 
 expect that our commerce will be secure and pros- 
 perous. 
 
 The honourable court seem to apprehend, that the 
 duty will operate on the states themselves unequally. 
 It may be necessary, in order to remove this objec- 
 tion, to recur to the motives which gave it a preference 
 in the opinion of Congress. 
 
 The publick debts actually incurred on loan office 
 certificates, and other loans, had created an annual 
 interest of more than a million of dollars. Those en- 
 gagements, although contracted on the faith and for the 
 defence of the United States, Congress had no means 
 to fulfil. It became then an indispensable act of jus- 
 tice, that funds should be provided by the states ; 
 that those funds should be productive, and of suffi- 
 cient permanency to secure the publick creditors; and 
 that the burden which they might impose should be 
 uniformly and equally sustained. To combine so many 
 states in one general system ; to reconcile it to their 
 opinions, their policy and their internal circumstances, 
 will always be difficult. Without liberal sentiments 
 with respect to each other; without confidence in the
 
 1781.] DOMESTICK AFFAIRS. 199 
 
 general council, and a regard for the safety and hap- 
 piness of the whole confederacy, it will be impractica- 
 ble. What tax could have been pointed out, to 
 which some of the states might not have raised objec- 
 tions? Had an excise, a land tax, or a capitation, 
 been recommended, would either of them have been 
 preferred to the duty under consideration ? Could 
 either of them have been carried so easily into effect, 
 or have operated with so much impartiality ? It is in- 
 deed the interest of a nation to leave trade as free 
 and unincumbered as circumstances will permit; and 
 yet we find that even those governments, which owe 
 all their riches and grandeur to commerce, do not 
 hesitate to draw from it contributions for the support 
 of war. Considering then the great exertions which 
 are necessary at this interesting conjuncture, ought 
 these United States to plead an exemption? Surely a 
 moderate duty on trade cannot give dissatisfaction to 
 a people, who have nothing less at stake than their 
 honour, good faith, liberty and independence. As a 
 partial regulation of individual states there is no rea- 
 son to think it will ever take place. The danger of 
 transferring the trade from such as impose, to those 
 which are exempt from the burden, will effectually 
 prevent it. There is only one method in which it can 
 be introduced — by the authority of the United States 
 co-operating with the respective legislatures. 
 
 When this duty was debated, it was taken for grant- 
 ed, on the general maxim, that it would ultimately be 
 borne by the consumer. In this view no tax could 
 have been devised, under our present circumstances, 
 which afforded a prospect of more equality and im-
 
 ggjl SECRET JOURNAL. [April 19, 
 
 partiality, or of less objection, or discontent. The 
 states, whose commerce is the most flourishing, will 
 appear in the first instance to contribute largely to 
 the common treasury. But remotely the consumer, 
 wherever he resides, must bear the burden. And the 
 merchant who advances it, will take care to receive 
 full interest. Even if it should be admitted, that 
 states which enjoy the greatest commercial advantage 
 may be exposed to a share of the duty beyond their 
 strict proportion, might it not be considered as a just 
 tribute for peculiar blessings denied by the fortune of 
 common war to their less happy sister states ? Bless- 
 ings purchased perhaps by their sufferings and secured 
 by their resistance against invaders, who might other- 
 wise have had leisure to close all the avenues to 
 commerce. 
 
 The last objection implies, that if the proposition 
 should in part be acceded to, it would be insisted on 
 that the proceeds of the duties should be passed to 
 the credit of the states from which it might arise. 
 This objection was also fully considered when the 
 subject was debated. A review of the situation and 
 commerce of the several states, as well before the 
 war as at this day, will be sufficient to remove it. 
 Several states, and in every part of the continent, im- 
 port for their neighbours. Is it reasonable that the 
 duties on goods, which the latter consume, should be 
 applied to the exclusive benefit of the state which has 
 had the advantage of the importation? Would a mea- 
 sure so illiberal meet with approbation or acqui- 
 escence ? Every system, which is to operate through- 
 out the United States, must have equity for its basis;
 
 1781.] DOMESTICK AFFAIRS. 201 
 
 and if the consumer pays the taxes, and every state, 
 whether it imports or not, contributes to the consump- 
 tion, the produce of the duty ought to be credited to 
 the United States ; or it is easy to see that the propo- 
 sition will be rejected. 
 
 Your committee are upon the whole of opinion, that 
 the necessity of a compliance with the proposition in 
 question should be strongly urged to the legislature of 
 Massachusetts, as a measure just and expedient in it- 
 self, and which will operate with impartiality and 
 facility, and better than any other afford a prospect of 
 some satisfaction to the publick creditors, whose just 
 complaints ought to be redressed without delay. 
 
 APRIL 3, 1781. 
 
 On motion of Mr. Bee, seconded by Mr. M'Kean — 
 Resolved, That the commander in chief be, and he 
 is hereby directed to recal lieutenant general Bur- 
 goyne and all other British or German officers, prison- 
 ers of war, now absent on their paroles from America, 
 to return immediately. 
 
 APRIL 23, 1781. 
 
 A letter of the 16th from general Washington was 
 read : Whereupon, 
 
 Resolved, That the board of war be, and they are 
 hereby directed to take effectual measures for the 
 removal of all publick stores, and also all beef cattle, 
 and provisions and forage, collected, or stored, from 
 the peninsula between the Delaware and Chesapeake 
 vol. i. 2G
 
 202 SECRET JOURNAL. [May 8, 
 
 Bays, and on the Jersey shore adjacent to the Dela- 
 ware, which may probably fall into the hands of the 
 enemy on an invasion. That the said cattle, pro- 
 visions, and forage, be transported to places of secu- 
 rity, and valued by proper persons, and certificates 
 given by the commissary general of purchases to 
 the owners thereof, specifying quantity, quality and 
 value. 
 
 That it be, and hereby is recommended to the exe- 
 cutives of New Jersey, Pennsylvania, Delaware, Ma- 
 ryland, and Virginia, to give every assistance in their 
 power to the officers appointed to secure the cattle, 
 provisions and forage aforesaid. 
 
 Whereas it is represented by the commander in 
 chief, that he has taken measures for the exchange of 
 lieutenant general Burgoyne — 
 
 Resolved therefore, That he be authorized, if he 
 shall think fit, to proceed in perfecting the said ex- 
 change, the resolution of the third instant notwith- 
 standing. 
 
 MAY 8, 1781. 
 
 On motion of Mr. Sullivan, seconded by Mr. 
 Sharpe — 
 
 Ordered, That a committee of five be appointed to 
 devise further ways and means to defray the expenses 
 of the ensuing campaign, and what further measures 
 may be adopted for the better regulation of the pub- 
 lick finances. 
 
 The members chosen — Mr. Witherspoon, Mr. Sulli- 
 van, Mr. M. Smith, Mr. Clymer, and Mr. Rodney.
 
 1781.] DOMESTICK AFFAIRS. 263 
 
 MAY 14, 1781. 
 
 The report of the committee on further ways and 
 means to defray the expenses of the ensuing cam- 
 paign, &c. was taken into consideration ; and the fol- 
 lowing paragraph being under debate, viz. 
 
 " That the treasury be directed to issue no more 
 " bills to the states in pursuance of the act of Con- 
 " gress of March 18, 1780; that the states be required 
 " to call out of circulation every year the same pro- 
 " portions of what they have already issued as they 
 " were in that act directed to redeem of the whole ; 
 " and that they be required to do this by taxes at 
 " the nominal or full value of the bills, and by no 
 " means to exchange them at a discount or by a scale 
 " of depreciation" — 
 
 A division was called for ; and on the question to 
 agree to the first clause as far as " 1780" inclusive, 
 the yeas and nays being required by Mr. Ward — 
 
 New Hampshire, Mr. Sullivan, Ay. > DmDBD# 
 Mr. Livermore, No. $ 
 
 Massachusetts, Mr. Lovell, No. > M 
 
 Mr. Ward, No. $ ^ 
 
 Rhode Island, Mr. Varnum, Ay. )>x 
 
 Connecticut, Mr. Huntington, No. )>x 
 
 New Jersey, Mr. Witherspoon, Ay. > n 
 
 Mr. Clarke, No. J Divided *
 
 204 
 
 SECRET JOURNAL. 
 
 [May 14, 
 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 Mr. Montgomery, Ay. } 
 Mr. Atlce, A y«> Ay. 
 
 Mr. Clymer, Ay.) 
 
 Mr. Jenifer, 
 Mr. Carroll, 
 
 Mr. Jones, 
 Mr. Madison, 
 Mr. Bland, 
 Mr. Smith, 
 
 Mr. Sharpe, 
 Mr. Johnston, 
 
 Mr. Matthews, 
 Mr. Motte, 
 Mr. Eveleigh, 
 
 Mr. Few, 
 Mr. Howly, 
 
 No. 
 No. 
 
 No. 
 
 So it passed in the negative ; and the remaining 
 clauses of the proposition fell of course. 
 
 The following proposition being under considera- 
 tion, viz. 
 
 " That the states he called upon for their propor- 
 " tions of a tax, to be paid in the new money, or in 
 " gold and silver, of three millions of dollars, to be 
 " returned into the continental treasury on or before 
 " the first day of October next ; and that whatever 
 " sum is paid in the new money, one half thereof shall 
 " be cancelled and the other half only applied to the 
 " publick service" — 
 
 A motion was made by Mr. Matthews, seconded by- 
 Mr. Sharpe, to strike out the words " in the new 
 " money or." And on the question, Shall those words
 
 1781.] 
 
 DOxMESTICK AFFAIRS. 
 
 205 
 
 stand, the yeas and nays being required by Mr. 
 Clarke- 
 
 New Hampshire, Mr. Sullivan, Ay. 
 
 Mr. Livermore, Ay. 
 
 Massachusetts, 
 
 Rhode Island, 
 Connecticut, 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 Mr. Lovell, 
 Mr. Ward, 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 Mr. Varnum, No. )>X 
 
 Mr. Huntington, Ay. )>X 
 
 Mr. Witherspoon, No. ) ^ 
 
 ah rM i a ? Divided. 
 
 Mr. Clarke, Ay. $ 
 
 Mr. Montgomery, Ay. 
 
 Mr. Atlee, Ay. . 
 
 tm n , ' tvt" 7 > Divided. 
 
 Mr. Clymer, 
 
 Mr. T. Smith, 
 
 Mr. Jenifer, 
 Mr. Carroll, 
 
 Mr. Jones, 
 Mr. Madison, 
 Mr. Bland, 
 Mr. Smith, 
 
 Mr. Sharpe, 
 Mr. Johnston, 
 
 Mr. Matthews, 
 Mr. Motte, 
 Mr. Eveleigh, 
 
 Mr. Few, No. )>x 
 
 No. 
 No., 
 
 AyO 
 
 No. f AY * 
 Ay J 
 
 IVIDED. 
 
 So the question was lost, and the words were struck 
 out.
 
 •JOfi SECRET JOURNAL. [June 1, 
 
 MAY 22, 1781. 
 
 Resolved, That the committee appointed to devise 
 further ways and means to carry on the present cam- 
 paign, &c. be authorized to converse with the super- 
 intendent of finance ; and in conjunction with him to 
 take order for obtaining a sum of gold and silver for 
 the most pressing exigencies of publick affairs, and 
 provide for the punctual performance of the stipula- 
 tions in such contract on the part of the United 
 States. 
 
 JUNE 1, 1781. 
 
 The committee, consisting of Mr. Carroll, Mr. Jones, 
 Mr. Witherspoon, Mr. Sullivan, and Mr. Matthews, 
 to whom were referred the memorials of 25th and 26th 
 April, from the minister of France, and who were in- 
 structed to confer with him and receive further com- 
 munications, reported the draft of a letter to the seve- 
 ral states, which was agreed as follows : 
 
 June 1, 1781. 
 
 SIR, 
 
 I am directed to inform you that Congress have 
 received undoubted intelligence, both from their minis- 
 ter at the court of Versailles, and the minister of 
 France in America, by order of his court, that the 
 courts of Vienna and Petersburg have offered their 
 mediation to the belligerent powers for the re-estab- 
 lishment of peace; that these overtures have been
 
 1781.] DOMESTICK AFFAIRS. 207 
 
 eagerly embraced on the part of Great Britain ; that 
 France had declined her full acceptation thereof until 
 the concurrence of her allies could be obtained for 
 that purpose ; that France at the same time observes 
 that should she again be pressed on this head, she 
 would be obliged to enter into a previous plan of ne- 
 gotiation conditionally for herself and allies — that 
 Spain had answered in such a manner to the proposals 
 of the mediating powers as to show her eventual ac- 
 ceptance. 
 
 The intervention of such formidable powers will 
 undoubtedly prove an event the most favourable to 
 these United States, if by a great and timely exertion 
 we sufficiently reduce the force of the enemy now 
 operating in our country. But should languor and 
 inaction subject us to the contempt of the negotiators, 
 all the consequences will be chargeable upon ourselves. 
 This therefore is a conjuncture that calls for the most 
 serious consideration of these states. 
 
 Congress have not a doubt in their minds but that 
 each state in the union is determined to support the 
 confederacy that has been so solemnly entered into, 
 through every difficulty, and hand it down unimpaired 
 to their posterity. Under these impressions Congress 
 can with confidence call on their constituents for such 
 exertions as are proportionate to the truly critical si- 
 tuation of our affairs. The plan of operations for the 
 present campaign having been preconcerted on the 
 principle of obliging the enemy to abandon their pos- 
 sessions in every part of these states, an unequivocal 
 compliance with the demands heretofore made by 
 Congress for provisions, men. and money, is what wr
 
 208 SECRET JOURNAL. [June 1, 
 
 have at present to ask for. Should these means be 
 expeditiously and punctually put into our hands, wc 
 have the most pleasing prospect of putting a sjoeedy 
 and happy issue to the war, by driving the enemy from 
 their present possessions in every part of these states, 
 or at all events to confine them to the seacoasts, in 
 order to give as little room as possible to the enemy's 
 claim of uti possidetis ; which will undoubtedly be most 
 strenuously insisted on by them in the course of the 
 negotiation — a claim totally inadmissible on our part. 
 Of course, then, nothing should be left unessayed by 
 these states to prevent the embarrassments that such a 
 claim must inevitably produce ; and of consequence 
 it is become indispensably necessary by our immediate 
 and, under Providence, successful efforts, to place our- 
 selves in such a situation as to enable our negotiators 
 to speak a firm and decided language, becoming the 
 character of the ministers of free, sovereign and inde- 
 dendent states. 
 
 We conclude with observing, that from the forego- 
 ing communications we are so thoroughly convinced of 
 the most strenuous exertions of every slate in the union 
 to accomplish the great objects herein pointed out, 
 that Congress will immediately proceed to carry into 
 full execution their plans adopted for defeating the 
 ambitious views of our enemy, and be prepared to ac- 
 cept of peace upon no other terms than the Indepen- 
 dence of the thirteen United States of America in all 
 its parts. 
 
 On motion of Mr. Houston, seconded by Mr. Var- 
 num — 
 
 Resolved, That no person whatsoever be permitted 
 to take copies or extracts from the secret journal, or
 
 1781.] DOMESTICK AFFAIRS. 209 
 
 from any papers dircclcd by Congress to be entered 
 therein, or from any papers with respect to which se- 
 cresy is enjoined, or to require from the Secretary 
 such copies or extracts, without the permission of 
 Congress. 
 
 JUNE 21, 1781. 
 
 On the report of a committee, consisting of Mr. 
 Lovell, Mr. Sharpe, and Mr. Bee, to whom were refer- 
 red a letter and memorial of the 7th May from John 
 Ross — 
 
 Resolved, That Robert Morris, esquire, be and he 
 is hereby empowered to deliver to John Ross, in part 
 payment of his account, the bills of exchange which 
 were committed to him to be disposed of by a resolu- 
 tion of the 4th of this month, the restrictions in the 
 said resolution notwithstanding — the said John Ross, 
 agreeable to his proposal, agreeing to receive them at 
 par, and engaging to bring no charge for usual dama- 
 ges in case of non-payment, but merely to return 
 them. 
 
 JUNE 27, 1781. 
 
 On motion of the delegates of South Carolina — 
 Resolved, That the President be authorized to fur- 
 nish governour Rutledge with four sets of permits or 
 passports for vessels to bring salt only into the state 
 of South Carolina, or North Carolina, under the direc- 
 tion of the said governour Rutledge. 
 vol. i. 27
 
 210 SECRET JOURNAL. [Aug. 14, 
 
 Resolved, That the said governour Rutledge en- 
 gage for the return of the passports so furnished him 
 to the President of Congress, after the purposes for 
 which they are hereby granted shall have been fulfill- 
 ed, so that no other use be thereafter made of the said 
 papers ; and that 'hey be cancelled by the President 
 of Congress when returned to him. 
 
 JULY 3, 1781. 
 
 On the report of a committee appointed to confer 
 with the superintendent of finance, and to take order 
 for procuring a sum of specie — 
 
 Resolved, That the superintendent of finance be 
 and he is hereby empowered to pursue such measures 
 as he may think proper for exporting and importing 
 goods, money, and other articles, at the risk and for 
 the account of the United States, at such times and in 
 such manner as he shall deem necessary and useful to 
 the publick service. 
 
 AUGUST 14, 1781. 
 
 On the report of a committee to whom was referred 
 a motion of the delegates of Virginia — 
 
 Resolved, That sixteen passports be granted to be 
 employed by the governour of Virginia in protecting 
 such number of vessels as shall be sufficient to import 
 fifty thousand bushels of salt for the use of Virginia. 
 
 That eight passports be granted to be employed by 
 the governour of Maryland in protecting such a num- 
 ber of vessels as shall be sufficient to import twenty-
 
 !781/| DOMESTICK AFFAIRS. i'l I 
 
 fivp thousand bushels of salt for the use of the state of 
 Maryland. 
 
 That the said passports continue in force for the 
 space of six months from the date thereof, and no lon- 
 ger. 
 
 Resolved, That the President inform the said go- 
 vernours that nothing less than the pressing necessities 
 of Virginia and Maryland could have induced Con- 
 gress to relax the resolution mndc against farther in- 
 tercourse with the enemy. That an abuse of this 
 indulgence will highly injure the American cause ; and 
 that Congress rely on them to guard the same against 
 misapplication by every possible precaution ; and to 
 cause the passports to be returned to the President 
 after the accomplishment of the purposes for which 
 they are now granted. 
 
 DECEMBER 5, 1781. 
 
 The committee, consisting of Mr. Lovell, Mr. Car- 
 roll, and Mr. Bee, to whom was referred a letter of 
 30th November last, from Thomas Edison, report — 
 
 " That Thomas Edison has by an essential service to 
 "the United States, and a singular proof of his fidelity 
 " to their interests, recommended himself to the atten- 
 " tion and reward of Congress :" Whereupon, 
 
 Ordered, That the sum of two hundred and sixty 
 six dollars and two thirds of a dollar be paid to Tho- 
 mas Edison out of the treasury of the United States.
 
 212 SECRET JOURNAL. [Dec. 17, 
 
 DECEMBER 17, 1781. 
 
 The committee, consisting of Mr. Randolph, Mr. 
 , reported the draft of a circular letter to the 
 
 states, which was agreed, and as is follows : 
 
 GENTLEMEN, 
 
 We are happy to observe that the present year hath 
 been distinguished by the reduction of a powerful 
 British garrison in Virginia, and that our arms have 
 also been prosperous in other parts of the United 
 States. But to infer that our inexorable foe is sub- 
 dued beyond recovery, may be attended with ruinous 
 consequences. These events will yield but momenta- 
 ry advantages, unless supported by vigorous measures 
 in future. 
 
 From an assurance that peace is best attained by 
 preparations for war, and that in the cabinet of nego- 
 tiations those arguments carry, with them the greatest 
 weight which are enforced not only with a retrospect 
 of important victories, but by a well grounded pro- 
 spect of future successes, we have called upon you for 
 eight millions of dollars, and for your respective de- 
 ficiencies of the military establishment. 
 
 Seven years have nearly passed since the sword was 
 first unsheathed. The sums expended in so long a 
 period in a just and necessary war must appear mode- 
 rate ; nor can any demand for pecuniary aid be deem- 
 ed exorbitant by those who compute the extent of the 
 publick exigencies and the proportion of the requisi- 
 tion to the abilities of the states. Suppose not that
 
 1781.] DOMESTICK AFFAIRS. 213 
 
 funds exist for our relief beyond the limits of these 
 states. As the possessions of the citizens constitute 
 our natural resources, and from a sense of their suffi- 
 ciency the standard of war was erected against Great 
 Britain, so on them alone we now rely. But even if 
 loans were attainable, their amount would be merely 
 commensurate with our ability and inclination to re- 
 pay ; and by nothing can both be more satisfactorily 
 evidenced than by a generous exertion amidst the lan- 
 gour of publick credit. Arguing from the former dila- 
 toriness of supplies, the enemy, after having abandon- 
 ed serious expectations of conquest by arms, antici- 
 pate it in imagination from the dissolution of our 
 publick credit. 
 
 They cannot however deny the firmness of the basis 
 on which it may be placed, when they survey the wide 
 limits of this confederate country, the fruitfulness of 
 its soil, and the industry of its people. 
 
 But the want of money is not the only source of our 
 difficulties ; nor do the enemy gather consolation from 
 the state of our finances alone. We are distressed 
 by the thinness of our battalions. So vulnerable 
 does the boldness of navigation render the very bo- 
 som of these states, so dispersed in some parts is the 
 population, and so rapid our enemy in transportation, 
 that they seize and exhaust large districts before their 
 ravages can be checked. The requisition for the 
 completion of your battalions is therefore not only 
 reasonable, but indispensable. 
 
 Tardiness in the collection of our troops has con- 
 stantly encouraged in our enemy a suspicion that 
 American opposition is on the decline. Hence money
 
 214 SECRET JOURNAL. [Dec. 17, 
 
 from time to time is poured into the coffers of our ene- 
 my; and the lender is perhaps allured by the prospf-ct 
 of receiving it with a usurious interest from the spoils 
 of confiscation. 
 
 To whom then rather than yourselves, who are call- 
 ed" to the guardianship and sovereignty of your coun- 
 try, can these considerations be addressed ? Joint 
 labourers as we are, in the work of independence, 
 duty impels us to admonish you of the crisis. We pos- 
 sess no funds which do not originate with you. We can 
 command no levies, which are not raised under your 
 acts. Well shall we acquit ourselves to the world, 
 should peace, towards the acquisition of which so il- 
 lustrious a point hath been gained, now escape our 
 embraces, by the inadequacy of our army, or our trea- 
 sure : for an appeal to this exposition of your affairs 
 will demonstrate our watchfulness of your happiness. 
 
 We conjure you to remember what confidence we 
 shall establish in the breast of that great monarch, who 
 has become a party in our political welfare, by a bold, 
 energetick display of our ability. 
 
 We therefore trust in your attention and zeal to 
 avail yourselves, at this important crisis, of the glori- 
 ous advantages lately obtained, by a full compliance 
 with these requisitions of men and money which we 
 have made to you, and the necessity of which hath 
 been pointed out to us by the maturest consideration 
 on the present circumstances of these United States. 
 By Ord^r of Congress. 
 
 JOHN HANSON, President.
 
 1781[ DOMESTICK AFFAIRS. 215 
 
 DECEMBER 20, 1781. 
 
 On the report of a committee appointed to confer 
 with the commander in chief — 
 
 Resolved, That the commander in chief be in- 
 formed that it is the earnest desire of Congress, that 
 he should take the most effectual measures for procur- 
 ing the exchange of his excellency Thomas Burke, 
 governour of North Carolina, for some of the subjects 
 of his Britannick majesty not military, who were 
 made prisoners of war under the capitulation of York, 
 in Virginia ; and that he report to Congress his pro- 
 ceedings therein. 
 
 APRIL 5, 1782. 
 
 On the report of a committee, consisting of Mr. 
 Clymer, Mr. Osgood, and Mr. Cornell, to whom was 
 referred a letter of the 3d from the superintendent of 
 finance — 
 
 Resolved, That Congress do approve of the mo- 
 tives which have induced the superintendent of fi- 
 nance to give the preference above all others to the 
 contract offered by Comfort Sands and Co., Tench Fran- 
 cis, Oliver Phelps, Timothy Edwards, and Thomas 
 Lowry, for the supply of the moving army. 
 
 APRIL 26, 1782. 
 
 On the report of a committee, consisting of Mr. 
 Atlee, Mr. Bland, Mr. Partridge, Mr. Cornell, and
 
 216 SECRET JOURNAL. [May 24, 
 
 Mr. Clarke, to whom was referred a letter of 11th 
 from the secretary at war — 
 
 Resolved, That the secretary at war take order 
 for establishing good and sufficient magazines for the 
 reception of the publick ammunition, at the following 
 places, to wit : At Springfield, in the state of Massa- 
 chusetts, at West Point, in the state of New York, at 
 the Yellow Spring, in the state of Pennsylvania, and 
 at New London, in the state of Virginia. 
 
 MAY 24, 1782. 
 
 The supcnntendent of finance having, in a letter of 
 this day, enclosed the copy of a letter of the 4th of 
 March from the honourable doctor Franklin, minister 
 plenipotentiary of the United States at the court of 
 Versailles, and a copy of a letter of the 6th February 
 from count de Vergennes to doctor Franklin, together 
 with a state of the moneys obtained in Europe for ac- 
 count of the United States, from which he says — 
 " Congress will perceive that every sous we can com- 
 " mand during the year 1782 is already anticipated; 
 "that the pecuniary supplies of 1781 and 1782 
 " amount, after deducting the expenses on the loan, to 
 "twenty-five and a half millions of livres ; and that 
 " there are (including the two millions two hundred 
 " thousand livres appropriated to the interest of loan 
 " office certificates) near ten millions, besides the sum 
 " expended in Holland, which have already passed, and 
 " are now passing through the hands of doctor Franklin, 
 " and of which not a livre has been or ever will be ap- 
 " plied to the current service. If to this be added 

 
 
 1781.] DOMESTICK AFFAIRS. 217 
 
 " above two millions and a half due on Beaumarchais 
 "bills, we shall have an amount of about twelve and 
 " a half millions, being at least one half of all the mo- 
 a neys obtained abroad for the service of the years 
 " 1781, and 1782; and we shall find that this greater 
 " half is totally consumed in paying the principal of 
 M some, and the interest of other debts, which have 
 " been contracted before that period." 
 
 The copy of the letter of 6th February, from count 
 de Vergenncs to doctor Franklin, being read, to which 
 is annexed the following : 
 
 Sketch of the account of Congress with the royal 
 treasury. 
 
 1781. Receipts. 
 
 The king has advanced - 4,000,000 
 
 Gratuitous subsidy - - - 6,000,000 
 
 Loan in Holland - - - 10,000,000 
 
 20,000,000 
 
 Application. 
 
 Remitted to Mr. Franklin at 
 different times by the de- 
 partment of foreign af- 
 fairs 4,000,000 
 
 Furnished in cash to colo- 
 nel Laurens .... 2,500,000 
 
 Price of goods sent in May 
 
 and June 2,069,109 
 
 Price of goods intended to 
 
 be sent in March, 1782 2,570,000 
 
 Carried forward 11,139,109 20,000,000 
 
 voi». i. 28
 
 8ft SECRET JOURNAL. [May 24, 
 
 Brought forward 11,139,109 20,000,000 
 
 N. B. Those for Virginia 
 are not included. 
 
 Bills of Mr. Morris on 
 
 Messrs. Le Conteulx - 1,000,000 
 
 Money sent to Holland, and 
 remitted to Mr. Franklin 1,430,000 
 
 To Mr. Le Grand for ac- 
 count of Mr. Franklin - 2,216,000 
 
 15,?8d,109 
 
 Balance 4,214,891 
 
 N. B. There remains to be taken from that sum — 
 
 First, .The price of goods bought for the state of 
 Virginia. 
 
 Second, The charges for the loan in Holland. 
 
 Mr. Franklin must provide for the bills drawn by 
 Mr. Morris on Mr. Le Conteulx. 
 
 The letter of 4th March, from Mr. Franklin to the 
 superintendent of finance, being also read, wherein is 
 the following paragraph and postscript : 
 
 •' Friday last the minister was so good as to inform 
 " me we should have six millions paid quarterly, of 
 " which one million five hundred thousand would be 
 " ready for us at the end of this month. I hope I shall 
 " now be able to face the loan office and other bills. 
 '•' and my acceptances in favour of Mr. Beaumarchais ; 
 " and I will do as much as I can out of the loan to- 
 " wards fulfilling your orders of paying and deposit- 
 ; - ing money in other hands. But when you observe 
 ,; that the Dutch loan, which you conceived might be 
 " entire with me, and at your disposition, has suffered 

 
 1781.] DOMESTICK AFFAIRS. 
 
 " such large deductions, you will not expect much ; 
 " and your hopes of twelve millions for the present 
 " year falling short by one half, as far as appears at 
 " present, you will arrange your affairs accordingly, 
 " and prevail on our people, if possible, to do more 
 11 for themselves." 
 
 " P. S. By the 15th of this month another million 
 " of the Dutch loan will be consumed in paying bills, 
 " &c. so that I fear it will be difficult for me to pay 
 ;c those in favour of Mr. Ross ; but I will try." 
 
 The superintendent's account of the moneys in 
 France being also read as follows : 
 
 Due on the Dutch loan, ac- 
 cording to the sketch given 
 by count de Vergennes $4, 214, 891 
 
 To be advanced in quarterly 
 payments during the year 
 1782 6,000,000 
 
 10,214.891 
 
 DEDUCTIONS. 
 
 1. So much payable by Dr. 
 Franklin the 15th March, 
 
 1782 - - 1,000,000 
 
 2. Expenses of negotiating 
 the loan in Holland, esti- 
 mated at 500,000 
 
 3. Amount of articles furnish- 
 ed to Virginia, estimated at 700,000 
 
 K Bills drawn on Le Con- 
 tculx & Co. last year, men- 
 tioned in the count's letter 200,000 
 
 Carried forward 2,400,000 10,214,891
 
 220 SECRET JOURNAL. [May 24, 
 
 Brought forward 2,400,000 10,214,891 
 
 5. Amount of interest bills 2,200,000 
 
 6. Amount of orders in fa- 
 vour of Messrs. Bingham 
 and Ross, in December 
 last, being for a part of 
 
 their advances - - 300,000 
 
 7. Amount of clothing pur- 
 chased by me the last au- 
 tumn from necessity, the 
 payments for which are 
 
 now falling due - - 700,000 
 
 8. Moneys due to Mr.W. Lee, 
 which I directed Mr. Frank- 
 lin to pay with the inte- 
 rest, say about - - 45,000 
 
 9. Amount of bills drawn by 
 me on Mr. Grand, since 
 
 1st January last - 1,085,000 
 
 10. Bills drawn by Con- 
 gress in favour of Mr. Beau- 
 marchais three years ago, 
 and which are payable 22d 
 
 June next - - 2,544,000 
 
 11. Expenses of foreign mi- 
 nisters, and contingencies 400,000 
 
 12. Expenses of negotiating 
 
 at \ per cent. - - 60,000 
 
 9,734,000 
 
 Remains $480,891
 
 1781.] DOMESTICK AFFAIRS. 221 
 
 The expenses of hiring transports, maintaining pri- 
 soners, &c. will more than consume that balance. 
 
 A motion was made by Mr. Bland, seconded by 
 Mr. Telfair, 
 
 That a committee be appointed, to whom shall be 
 referred the letter of the superintendent of finance, the 
 letter of Dr. Franklin to the said superintendent, and 
 the accounts this day laid before Congress by the su- 
 perintendent of finance ; which committee are directed 
 to make inquiry into the loans and subsidies from 
 France, Holland, &c. and the authority under which 
 the appropriation of the said loans and subsidies has 
 been made ; and report thereon to Congress. 
 
 A motion was made by Mr. Lowell, seconded by 
 Mr. Ellery, to amend the motion by striking out the 
 words " which committee," &c. to the end, and in lieu 
 thereof inserting, " And that the said committee be in- 
 " structed to inquire concerning the appropriation and 
 " application of the moneys procured in Europe on loan 
 " or otherwise; and that they confer with the superin- 
 " tendent of finance on the subject, and report thereon." 
 
 On the question to agree to this amendment, the yea? 
 and nays being required by Mr. Bland — 
 
 Massachusetts, Mr. Osgood, ) A 
 
 Mr. Lowell, 5 AY * 
 
 Rhode Island, Mr. Ellery, Ay. > A 
 
 Mr. Cornell, Ay. $ Ay * 
 
 Connecticut, Mr. Root, Ay. )>x 
 
 New York, Mr. Scott, Ay. )>x 
 
 New Jersey, Mr. Clark, Ay. )>x
 
 2B2 SECRET JOURNAL. [M*y 24. 
 
 Pennsylvania, Mr. Montgomery, Ay.^ 
 
 Mr. Smith, Ay. 
 
 Mr. Clymer, 
 Mr. Atlee, 
 
 Maryland, Mr. Hanson, 
 
 Mr. Wright, 
 
 Virginia, Mr. Madison, 
 
 Mr. Bland, 
 
 South Carolina, Mr. Rutledge, 
 Mr. Ramsay, 
 Mr. Middlcton, 
 
 Georgia, Mr. Telfair, 
 
 Mr. Jones, 
 Mr. Few, 
 
 So it was lost. i 
 
 A motion was then made by Mr. Cornell, seconded 
 by Mr. Atlee, to amend the motion by striking out the 
 words w And the authority under which the appro- 
 " priation of the said loans and subsidies has been 
 " made ;" And on the question, Shall those words stand, 
 the yeas and nays being required by Mr. Bland — 
 
 Massachusetts. Mr. Osgood, 
 
 Mr. Lowell, 
 
 &j»- 
 
 Rhode Island. Mr. Ellery, No. > « 
 
 Mr. Cornell, No. 5 JNo * 
 
 Connecticut. Mr. Root, No. ^-X 
 
 New York, Mr. Scott, No. >-x 
 
 Pennsylvania, Mr. Montgomery, No. 
 
 Mr. Smith, No. 
 
 Mr. Clymer, No. , 
 
 Mr. Atlee. No. ) 
 
 No.
 
 1781.] 
 Maryland, 
 
 Virginia, 
 
 South Carolina, 
 
 Georgia, 
 
 DOME9TICK AFFAIRS. 
 
 Mr. Hanson, 
 Mr. Wright, 
 
 Mr. Madison, 
 Mr. Bland, 
 
 Mr. Rutledgc, 
 Mr. Ramsay, 
 Mr. Middleton, 
 
 Mr. Telfair, 
 Mr. Jones, 
 Mr. Few, 
 
 2» 
 
 No. 
 No 
 
 •iNo. 
 
 a* 
 
 IVlDElJ. 
 
 No.) 
 No.S No. 
 Ay.S 
 
 Ay. J 
 
 No. } No. 
 No.S 
 
 So it passed in the negative. 
 
 On the question to agree to the motion as amended, 
 the yeas and nays being required by Mr.Bland — 
 
 Massachusetts, 
 
 Rhode Island, 
 
 Connecticut, 
 New York, 
 Pennsylvania. 
 
 Maryland, 
 Virginia, 
 S<?uth Carolina, 
 
 Mr. Osgood, 
 Mr. Lowell, 
 
 Mr. Ellery, 
 Mr. Cornell, 
 
 Mr. Root, 
 
 Mr. Scott, 
 
 No. 
 
 No 
 
 :! 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. >X 
 
 No. yx 
 
 Mr. Montgomery, No. 
 Mr. Smith, 
 Mr. Clymer, 
 Mr. Atlee, 
 
 Mr. Hanson, 
 Mr. Wright, 
 
 Mr. Madison, 
 Mr. Bland, 
 
 Mr. Rutledge, 
 Mr. Ramsay, 
 Mr. Middleton., 
 
 No.*\ 
 
 No. > No ' 
 No.J 
 
 IVIDED.
 
 
 224 SECRET JOURNAL. [May 24, 
 
 Georgia, Mr. Telfair, 
 
 Mr. Jones, 
 
 Mr. Few, 
 
 So the question was lost. 
 
 A motion was then made by Mr. Rutledge, seconded 
 by Mr. Madison — 
 
 That the superintendent of finance lay before Con- 
 gress an account of all money borrowed or granted in 
 Europe, by or to the United States, antecedent to the 
 4th day of March last ; and also a general state of 
 the purposes to which the same has been applied. 
 
 On the question to agree to this, the yeas and nays 
 being required by Mr. Telfair — 
 
 Massachusetts, Mr. Osgood, 
 
 Mr. Lowell, 
 
 Rhode Island, Mr. Ellery, 
 
 Mr. Cornell, 
 
 Connecticut, Mr. Root, 
 
 New York, Mr. Scott, 
 
 Pennsylvania, Mr. Smith, 
 
 Mr. Clymer, 
 Mr. Atlee, 
 
 Maryland, Mr. Hanson, 
 
 Mr. Wright, 
 
 Virginia, Mr. Madison, Ay. ) . 
 
 Mr. Bland, Ay. 5 AY ' 
 
 South Carolina, Mr. Rutledge, 
 
 Mr. Ramsay, Ay. ^ Ay. 
 
 Mr. Middleton,
 
 1782.] DOMESTICK AFFAIRS. 225 
 
 Georgia, 
 
 ' Ay. 
 
 Mr. Telfair, 
 
 Ay. 
 
 Mr. Jones, 
 
 Ay. 
 
 Mr. Few, 
 
 Ay. 
 
 So it was resolved in the affirmative. 
 
 MAY 25, 1782. 
 
 A motion was made by Mr. Cornel!, seconded by 
 Mr. Ellery, 
 
 That the entry of yesterday be transferred to the 
 secret journal. 
 
 A motion was made by Mr. Bland, seconded by Mr. 
 Telfair, to strike out the words " transferred to the 
 " secret journal ;" and in lieu thereof insert "not 
 " printed until the further order of Congress." 
 
 A motion was then made by Mr. Ellery, seconded 
 by Mr. Lowell, to amend the amendment by adding 
 " nor copies delivered out.'"' 
 
 On the question to agree to this amendment to the 
 amendment, the yeas and nays being required by Mr. 
 Telfair— 
 
 Massachusetts, Mr. Osgood, A\. ) r\ 
 
 Mr. Lowell, No. \ Divided ' 
 
 Rhode Island, Mr. Ellery, Ay. ) . 
 
 Mr. Cornell, Ay. ] Ay ' 
 
 New York, Mr. Scott, Ay. ^x 
 
 Pennsylvania, Mr. Smith, Ay. ) . 
 
 Mr. Atlee, Ay. J Ay * 
 
 Maryland, Mr. Hanson, Ay. } . 
 
 Mr. Wright, Ay. J AY * 
 
 vol. i. 29
 
 226 
 Virginia, 
 
 South Carolina, 
 Georgia, 
 
 SECRET JOURNAL. 
 
 Mr. Madison, 
 Mr. Bland, 
 
 Mr. Rutledge, 
 Mr. Rumsay, 
 Mr. Middleton, 
 
 Mr. Telfair, 
 Mr. Jones, 
 Mr. Few, 
 
 [MaySfi, 
 
 No. \ No ' 
 
 No.) 
 No.S No. 
 No.S 
 
 No.) 
 Ay.> Ay. 
 Ay.S 
 
 So the question was lost. 
 On the question to agree to the 
 yeas and nays being required by Mr. 
 
 amendment, the 
 Lowell — 
 
 Massachusetts, 
 
 Rhode Island, 
 
 New Yo k, 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 
 South Carolina, 
 
 Mr. Osgood, 
 Mr. Lowell, 
 
 Mr. Ellery, 
 
 Mr. Cornell, 
 
 Mr. Scott, 
 
 Mr. Smith, 
 Mr. Atlee, 
 
 Mr. Hanson, 
 Mr. Wright, 
 
 Mr. Madison, 
 Mr. Bland, 
 
 Mr. Rutledge, 
 Mr. Ramsay, 
 Mr. Middleton, 
 
 No. 
 Ay 
 
 'IVIDED 
 
 Georgia, 
 
 So the question was lost. 
 
 Mr. Telfair, 
 Mr. Jones, 
 Mr. Few, 
 
 No. > X 
 
 Ay] \ Divided. 
 
 Ay * I Ay 
 
 No.} 
 Ay.> Ay. 
 Ay.J 
 
 No.} 
 Av.> Ay. 
 Ay.}
 
 
 1782.] DOMESTICK AFFAIRS. g*l 
 
 On the question to agree to the original motion, the 
 yeas and nays being required by Mr. Telfair — 
 
 Massachusetts, Mr. Osgood, Ay. > . 
 
 Mr. Lowell, Ay. J 
 
 Rhode Island, Mr. Ellery, Ay. ) Ay 
 
 Mr. Cornell, Ay. \ 
 
 New York, Mr. Scott, Ay. )>X 
 
 Pennsylvania, Mr. Smith, Ay.). 
 
 Mr. Atlee, Ay. \ AYm 
 
 Maryland, Mr. Hanson, Ay. ) . 
 
 Mr. Wright, Ay.5 A '' 
 
 Virginia, Mr. Madison, No. ) M 
 
 Mr. Bland, No. $ iN0 * 
 
 South Carolina, Mr. Rutledge, No. } 
 
 Mr. Ramsay, No. \ No. 
 
 Mr. Middleton, No.) 
 
 Georgia, Mr. Telfair, No. } 
 
 Mr. Jones, No. V No. 
 
 Mr. Few, No.) 
 
 So the question was lost. 
 
 A motion was then made by Mr. Ellery, seconded 
 by Mr. Osgood, 
 
 That the entry of yesterday of the letters of Dr. 
 Franklin, and the superintendent of finance, be pub- 
 lished, and copies thereof be delivered to such mem- 
 bers of Congress as shall apply for the same. 
 
 On the question to agree to the motion, the yeas 
 and nays being required by Mr. Ellery —
 
 288 SECRET JOURNAL. [Juue 7, 
 
 Massachusetts, Mr. Osgood, No. > » 
 
 Mr. Lowell, No. 5 JNo * 
 
 Rhode Island, Mr. Ellery, 
 
 Mr. Cornell, 
 
 New York, Mr. Scott, 
 
 Pennsylvania, Mr. Smith, 
 
 Mr. Atlee, 
 
 Maryland, Mr. Hanson, No. 
 
 Mr. Wright, No. 
 
 No. 
 
 Virginia, Mr. Madison, 
 
 Mr. Bland, 
 
 South Carolina, Mr. Rutledge, No.} 
 
 Mr. Ramsay, No. > No. 
 
 Mr. Middleton, Ay. 3 
 
 Georgia, Mr. Telfair, Ay.} 
 
 Mr. Jones, No. > No. 
 
 Mr. Few, No. > 
 
 So it passed in the negative. 
 
 JUNE 7, 1782. 
 
 On motion of Mr. Ramsay, seconded by Mr. Cor- 
 nell- 
 Resolved, That the secretary at war and superin- 
 tendent of finance be directed to take such means as 
 they may think proper to convey in the speediest man- 
 ner, by land or by water, clothing and other necessa- 
 ries to the southern army.
 
 1732.] DOMESTICK AFFAIRS. 229 
 
 JULY 18, 1782. 
 
 On motion of Mr. Ramsay, seconded by Mr. Wither- 
 spoon, 
 
 Rfsolved, That the postmaster-general take the 
 roost speedy and effectual methods to apprehend the 
 robbers of the publick mail, and (hat ne shall be re- 
 imbursed by these United States any sums of money, 
 not exceeding two hundred and thirty-three dollars and 
 one third, which he shall bona fide expend on this 
 business. 
 
 JULY 25, 1782. 
 
 On a report from the superintendent of finance, as 
 agent of marine, to whom was referred a report of the 
 secretary at war on a memorial of Musco Livingston — 
 
 Resolved, That the ageni of marine be and he is 
 hereby directed to grant letters of passport and Mite 
 conduct to such vessel as may be employed by Musco 
 Livingston, to sail from some port of the United States, 
 in ballast, to the island of Jamaica, and to bring from 
 thence the family and effects of the said Musco Living- 
 ston ; provided, that nothing in such passporl contained 
 shall authorize the importation into these 1 Unite I Slate?, 
 or any of them, of any goods, wares, or merchandises, 
 excepting money, plate, household furniture, and wear- 
 ing apparel for the use of his family ; and (hat the said 
 Musco Livingston give bond, with sufficient sureties, 
 to be lodged in the office of finance, in such a sum as 
 the superintendent of finance shall think proper, not 
 to contravene in any respect the true intent and mean- 
 ing of this resolution.
 
 SECRET JOURNAL. [Dec. 3, 
 
 NOVEMBER -27. 1782. 
 
 On the report of a committee, consisting of Mr. Os- 
 
 . Mr Carroll, and Mr. Rutledge, to whom was 
 
 referred a letter of the 19th from the commander in 
 
 chief, enclosing a paper endorsed, " Information of 
 
 •• Christopher Osgood" — 
 
 Resolved. That the commander in chief be and he 
 is hereby empowered and directed to take immediate 
 res for apprehending and securing Lake Knowl- 
 ton. of N a : e, and Samuel Wells, of Brattleborough, 
 both of the district of country commonly called the 
 New Hampshire Grants, west of Connecticut river, and 
 £U('i others within the district aforesaid as there may 
 be good reason to apprehend have been concerned 
 with the said Knowhon and Wells in a dangeroi> 
 respondence and intercourse with the enemy ; and that 
 the cooimanJer in chief be authorized to communi- 
 cate this resolution, and the information on whirh it is 
 Jed, to such persons exercising authority in the 
 disirict aforesaid, and at such time as he shall think 
 proper. 
 
 DECEMBER 3. 1782. 
 
 Resolved, That the supreme executives of the 
 states of New Hampsh if M -:". = . Connecticut 
 
 in J New York, be furnished with a copy of Christo- 
 pher Osgood's declaration, in order that they may have 
 due information of the treasonable practices with 
 which some of their subjects are charged, no less
 
 1782.] DOMESTICK AFFAIRS. 231 
 
 dangerous to their own safety than that of the United 
 Slates. And that the executive of the state in which 
 the said Christopher Osgood may reside, or be, be 
 requested to take such measures for the appearance of 
 the said Christopher Osgood at any trial to be had of 
 the persons mentioned in his declaration, as to thr 
 said executive may seem proper. 
 
 DECEMBER 11, 1782. 
 
 On a report from the secretary at war — 
 Resolved, That the secretary at war be empowered 
 to permit any British prisoner of war to hire himself 
 as a labourer, provided the person who employs him 
 shall give sufficient security for his appearance when 
 called for, in a penal bond of one hundred pounds 
 current money of Pennsylvania; and that he pay to 
 the superintendent of finance four dollars monthly for 
 the hire of such prisoner while retained in his ser- 
 vice. 
 
 JANUARY 3, 1783. 
 
 A motion was made-by Mr. Arnold, seconded by Mr. 
 Collins — 
 
 That the secretary for foreign affairs be directed 
 to transmit to the executive of the state of Rhode 
 Island and Providence Plantations, certified copies of 
 the following extracts of publick letters from Europe, 
 viz.
 
 232 SECRET JOURNAL. [Jan. 3, 
 
 Extract of a Letter from the Minister of the United 
 
 Slates at the Court of Versailles, directed to the 
 
 Secretary for Foreign Affairs, dated Passy, August 
 
 12, 1782. 
 
 " All ranks of this nation appear to be in good 
 : ' humour with us, and our reputation rises throughout 
 " Europe." 
 Extract of a Letter from the Minister at the Court of 
 
 Versailles, to the Secretary for Foreign Affairs, dated 
 
 Passy, September 3, 1782. 
 
 " It affords me much satisfaction to find the conduct 
 " of Congress approved by all that hear, or speak of 
 " it ; and to see all the marks of a constantly growing 
 " regard for us, and confidence in us, among those in 
 " whom such sentiments are most to be desired." 
 Extract of a Letter from the Minister at the Court of 
 
 Versailles, to the Superintendent of Finance, dated 
 
 Passy, April 8, 1782, read in Congress, December 
 
 27, 17S2. 
 
 " Our publick affairs go on swimmingly in Hol- 
 " land." 
 Extract of a Letter from the Minister at the Court of 
 
 Versailles, to the Superintendent of Finance, dated 
 
 Passy, August 12, 1782, read in Congress, December 
 
 27, 1782. 
 
 " Your conduct, activity and address as financier 
 " and provider for the exigencies of the state, is much 
 " admired and praised here, its good consequences be- 
 " ing so evident, particularly with regard to the rising 
 " credit of our country, and the value of bills."
 
 1783.] DOMESTICK AFFAIRS. 238 
 
 Extract of a Letter from the Minister of the United 
 Stales at the Hague, to the Secretary for Foreign Af- 
 fairs, dated Hague, July 5, 1782. 
 " Although I was obliged to engage with them for 
 " five millions of gilders, I don't expect we shall 
 " obtain that sum for a long time. If we get a mil- 
 " lion and a half by Christmas it will be more than I 
 " expect." 
 
 Extract of a Letter from the Marquis de la Fayette to 
 the Secretary for Foreign Affairs, dated Paris, Oc~ 
 tober 5, 1782. 
 
 " In a letter from Mr. Adams to me, dated the 
 " Hague, September 29, I had the following intelli- 
 " gence : ' We have at length the consent of all the 
 " cities and provinces, and have adjusted and agreed 
 u upon every article, word, syllable, letter, and point, 
 " in the treaty of commerce ; and clerks are employ- 
 " ed in making out fair copies for the signature, 
 " which will be done this week. Amidst the innu- 
 " merable crowd of loans which are opened in this 
 " country, many of which have little success, I was 
 " afraid that ours would have failed. I have, how- 
 " ever, the pleasure to inform you that I am at least 
 " one million and a half in cash, about three millions 
 " of livres, which will be an aid to the operations of 
 " our finances.' From this it appears that Mr. Adams 
 " has well employed his time in Holland, and I beg 
 " you will please to communicate this extract to Mr. 
 " Morris." 
 
 VOL. I. 30
 
 234 SECRET JOURNAL. [Jan. 3, 
 
 That the said secretary also transmit to the said 
 executive certified copies of the several letters that 
 have been received from Mr. Adams, the minister at 
 the Hague, in the course of the last six months, as 
 well as those from Mr. Dumas, and the sundry letters 
 which have been received from the ministers at Ver- 
 sailles and Madrid, on the subject of loans, in the 
 course of the year 1782, and of all other letters re- 
 specting applications for foreign loans, and the result 
 thereof; and respecting which secrecy is not enjoined 
 by Congress. 
 
 A motion was made by Mr. Wolcott, seconded by 
 Mr. Carroll, to amend by prefixing the following pre- 
 amble : 
 
 Whereas the delegates of the state of Rhode Island 
 have frequently interrupted and delayed the important 
 business of Congress, by their solicitations to obtain 
 certain extracts from letters received by Congress from 
 their ministers, to have them transmitted to the state 
 of Rhode Island; and whereas although such extracts 
 being taken without the connexion which they bear 
 to other parts of such letters will be very liable to 
 misguide those to whom such extracts shall be sent ; 
 yet considering the interruption which such frequent 
 motions occasion to the necessary business of the 
 United States, Resolved — 
 
 A motion was made by Mr. Gilman, seconded by 
 Mr. , to amend the amendment, by inserting be- 
 fore the words " the delegates,'' the words " some 
 of."
 
 1783.] 
 
 DOMESTICK AFFAIRS. 
 
 A motion was then made by Mr. Rutledge, second- 
 ed by Mr. Hawkins, as follows : 
 
 Congress having, on the 20th December last, direct- 
 ed the secretary for foreign affairs to transmit to the 
 executive authority of Rhode Island, an authenticated 
 »tate of the several applications for foreign loans, and 
 the result thereof — 
 
 Resolved, That the foregoing motions be post- 
 poned. 
 
 A motion was then made by Mr. Hamilton, second- 
 ed by Mr. Gilman, that the whole be committed. And 
 on the question for commitment, the yeas and nays 
 being required by Mr. Howell — 
 
 New Hampshire, 
 Massachusetts, 
 Rhode Island, 
 
 Connecticut, 
 
 New York, 
 New Jersey 
 
 Mr. Gilman, 
 Mr. White, 
 
 Mr. Osgood, 
 Mr. Gorham, 
 
 Mr. Collins, 
 Mr. Arnold, 
 Mr. Howell, 
 
 Mr. Ellsworth, 
 Mr. Wolcott, 
 Mr. Dyer, 
 
 Mr. Floyd, 
 Mr. Hamilton, 
 
 Mr. Boudinot, 
 Mr. Elmer, 
 Mr. Condict, 
 
 Ay. i 
 
 Ay. 
 Ay. 
 
 No. 
 No. 
 No. 
 
 Ay. 
 Ay. 
 
 Ay.' 
 
 Ay.) 
 Ay. I 
 
 Ay. 
 
 Ay 
 
 Ay 
 
 Ay. 
 
 Ay. 
 
 No. 
 
 Ay. 
 
 Ay. 
 
 .( Ay.
 
 236 
 
 SECRET JOURNAL. 
 
 [Jan. 3 + 
 
 Pennsylvania, 
 
 Delaware, 
 
 Maryland, 
 North Carolina, 
 
 South Carolina, 
 
 Mr. Mifflin, Ay.^j 
 
 Mr. Fitzsimmons, Ay. 
 Mr. Wilson, Ay. )>Ar. 
 
 Mr. Montgomery, Ay. j 
 
 Mr. Peters, 
 
 Mr. Dickinson, 
 Mr. Wharton, 
 
 Mr. Carroll, 
 
 Mr. Hawkins, 
 
 Mr. Nash, 
 
 Ay.j 
 
 Ay.) 
 Ay. J 
 
 Ay. >X 
 
 Av. 
 
 Ay. 
 Ay. 
 
 Ay. 
 
 Mr. Williamson, Ay. 
 
 Mr. Rutledge, 
 Mr. Ramsay, 
 Mr. Izard, 
 Mr. Gervais, 
 
 Ay.>| 
 A 7 ' Wv. 
 
 Ay. 1 
 
 Ay.J 
 
 So it was resolved in the affirmative. 
 
 The committee— Mr. Gilman, Mr. Hamilton, Mr. 
 Ellsworth. 
 
 A motion was then made by Mr. Osgood, seconded 
 by Mr. Hamilton, that the entry of this proceeding 
 be made on the secret journal ; and on the question 
 to agree to this, the yeas and nays being required by 
 Mr. Howell — 
 
 New Hampshire, 
 
 Mr. Gilman, 
 Mr. White, 
 
 Ay.) 
 
 Ay.\ 
 
 Massachusetts, 
 
 Mr. Osgood, 
 Mr. Gorham, 
 
 Ay.) 
 Ay. ] 
 
 Rhode Island, 
 
 Mr. Collins, 
 Mr. Arnold, 
 Mr. Howell, 
 
 No.) 
 No.V 
 No.) 
 
 At. 
 
 Ay. 
 
 No.
 
 1783.] 
 Connecticut, 
 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 
 Delaware, 
 
 Maryland, 
 Virginia, 
 North Carolina, 
 
 South Carolina, 
 
 DOMESTICK AFFAIRS. 
 
 Mr. Ellsworth, 
 Mr. Wolcott, 
 Mr. Dyer, 
 
 Mr. Floyd, 
 Mr. Hamilton, 
 
 Mr. Boudinot, 
 Mr. Elmer, 
 Mr. Condict, 
 
 Mr. Mifflin, 
 Mr. Fitzsimmons, 
 Mr. Wilson, 
 Mr. Montgomery, 
 Mr. Peters, 
 
 Mr. Dickinson, 
 Mr. Wharton, 
 
 Mr. Carroll, 
 
 Mr. Madison, 
 
 Mr. Hawkins, 
 Mr, Nash, 
 Mr. Williamson, 
 Mr. Blount, 
 
 Mr. Rutledge, 
 Mr. Ramsay, 
 Mr. Izard, 
 Mr. Gervais, 
 
 237 
 
 tv- 
 
 Ay. 
 
 Ay. 
 
 Ay. ^Av. 
 Ay. I 
 Ay.J 
 
 Ay.<> 
 Ay. ),X 
 
 Ay. >x 
 
 Ay. f Ar ' 
 
 AyJ 
 No.^j 
 
 A ^* >DlVIDED, 
 
 Ay. f 
 No.J 
 
 So it was resolved in the affirmative. 
 
 JANUARY 10, 1783. 
 
 The committee, consisting of Mr. Rutledge, Mr. Os- 
 good, and Mr. Madison, to whom was referred a letter
 
 238 SECRET JOURNAL. [Jan. 17, 
 
 of January 9, 1783, from the superintendent of finance, 
 to confer with him thereon, report — 
 
 That they have conferred with the superintendent, 
 who communicated to them the subject referred to in 
 his letter, under their promise of secrecy until Con- 
 gress shall direct them to communicate the same to 
 them ; and request the sense of Congress whether the 
 committee shall now make such communication : 
 Whereupon, 
 
 Ordered, That the committee make the communi- 
 cation. 
 
 The committee then informed Congress, that he has 
 been under the necessity of drawing bills to an amount 
 beyond the known funds procured in Europe, owing 
 to sundry large sums which were not known to him, 
 or not taken into his estimates, having been paid out of 
 the sums obtained : Whereupon, 
 
 Resolved unanimously, That the superintendent of 
 finance be and he is hereby authorized to draw bills 
 of exchange, from lime to time, according to his dis- 
 cretion upon the credit of the loans which the ministers 
 of the United Stales have been instructed to procure in 
 Europe, for such sums, not exceeding the amount of 
 the money directed to be borrowed, as the publick ser- 
 vice may require. 
 
 Resolved unanimously, That the whole of this mat- 
 ter be kept secret. 
 
 JANUARY 17, 1733. 
 
 The committee, consisting of Mr. Gorham, Mr. Pe- 
 ters, and Mr. Izard, appointed on a motion of Mr.
 
 1783.] DOMESTICK AFFAIRS. 239 
 
 Peters, to consider and report to Congress the pro- 
 priety of attempting farther loans in Europe, report — 
 
 That they conferred with the superintendent of 
 finance, and fully informed themselves of the situation 
 of the applications for foreign loans, which if complied 
 with would be fully sufficient for the purposes to which 
 those loans were intended to be applied : but from the 
 small prospect there seems to be of obtaining the mo- 
 neys already directed to be borrowed, it appears not 
 only hopeless, but embarrassing to the business already 
 in train, to attempt farther loans until solid funds are 
 put into the hands of Congress in support of the na- 
 tional faith and credit ; the committee therefore re- 
 port, That it is at present inexpedient to take any 
 farther order on the said motion. 
 
 Resolved, That Congress agree to the said report. 
 
 FEBRUARY 20, 1783. 
 
 On the report of a committee, consisting of Mr. Ha- 
 milton, Mr. Peters, Mr. Bland, Mr. Rutledge, and Mr. 
 Mifflin, to whom was referred a letter of 30th January 
 last, from the commander in chief — 
 
 Resolved, That the commander in chief be informed 
 that Congress, always happy to receive his sentiments 
 either on the political or military affairs of these 
 states, the utility of which they have upon so many 
 occasions experienced, have paid all the attention to 
 his letter of the 30th of January which the importance 
 of it demands. 
 
 That should the war continue another campaign, 
 every motive of policy and economy would operate in
 
 240 SECRET JOURNAL. [Oct. 15, 
 
 favour of the enterprise suggested ; but that such are 
 the present situation and prospects of these states, 
 that it would be inexpedient at this time to determine 
 upon the plan, or to enter upon the expensive prepa- 
 rations which it would require. 
 
 That the official accounts received by Congress cor- 
 responding with other intelligence, afford appearances 
 of an approaching peace. 
 
 Ordered, That the secretary for foreign affairs 
 make a confidential communication to the commander 
 in chief of the state of the negotiations for peace, when 
 the last advices were received. 
 
 OCTOBER 15, 1733. 
 
 After the resolution for holding a convention with the 
 Indians in the northern and middle departments, it was 
 resolved as follows : 
 
 That first, and as a preliminary, it shall be required 
 that all prisoners of whatever age or sex among these 
 Indians shall be delivered up. 
 
 Secondly, That the Indians be informed that after a 
 contest of eight years for the sovereignty of this coun- 
 try, Great Britain has relinquished to the United 
 States all claim to the country within the limits de- 
 scribed by the second article of the provisional treaty 
 between the United States and the king of Great Bri- 
 tain, on the thirtieth day of November, in the year 
 1782 — that is to say — From the north-west angle of 
 Nova Scotia, viz. that angle which is formed by a line 
 drawn due north from the source of Saint Croix river 
 •o the highlands, along the said highlands which divide
 
 1783.] DOMESTICK AFFAIRS. 241 
 
 those rivers that empty themselves into the river Saint 
 Lawrence from those which fall into the Atlantic ocean. 
 to the north-westernmost head of Connecticut river: 
 thence clown along the middle of that river to the forty- 
 fifth degree of north latitude ; from thence by a line 
 due west on said latitude, until it strikes the river Tro- 
 quois, or Cataraqui ; thence along the middle of said 
 river into lake Ontario, through the middle of said 
 lake until it strikes the communication by waler be- 
 tween that lake and lake Erie ; thence along the mid- 
 dle of said communication into lake Erie, through the 
 middle of said lake until it arrives at the water com- 
 munication between that lake and lake Huron ; thence 
 along the middle of said water communication into 
 lake Huron; thence through the middle of the said 
 lake to the water communication between that lake and 
 lake Superior; thence through lake Superior north- 
 ward of the isles Royal and Philipeaux to the Long 
 Lake ; thence through the middle of said Long Lake, 
 and the water communication between it and the lake 
 of the Woods, to the said lake of the Woods; thence 
 through the said lake to the most north-western point 
 thereof; and from thence on a due west course to the 
 river Mississippi ; thence by a line to be drawn along 
 the middle of the said river Mississippi until it shall 
 intersect the northernmost part of the thirty-first de- 
 gree of north latitude ; south by a line to be drawn 
 due east from the determination of the line last men- 
 tioned in the latitude of thirty-one degrees north of 
 the equator, to the middle of the river Apalachicola, 
 or Catahouche ; thence along the middle thereof to its 
 junction with the Flint river : thence strait to the head 
 vol. i, 31
 
 J4J SECRET JOURNAL. [Oct. 15, 
 
 of St. Mary's river; and thence down along the middle 
 of St. Mary's river to the Atlantic ocean; east, by a 
 line to be drawn along the middle of the river St. 
 Croix from its mouth in the bay of Fundy to its source ; 
 and from its source directly north to the aforesaid 
 highlands, which divide the rivers that fall into the 
 Atlantic ocean from those which fall into the river St. 
 Lawrence; — comprehending all islands within twenty- 
 leagues of any part of the shores of the United States, 
 and lying between lines to be drawn due east from the 
 points where the aforesaid boundaries between Nova 
 Scotia on the one part, and East Florida on the other, 
 shall respectively touch the bay of Fundy and the At- 
 lantic ocean, excepting such islands as now are or 
 heretofore have been, within the limits of the said pro- 
 vince of Nova Scotia. 
 
 Thirdly, That as the Indians, notwithstanding a so- 
 lemn treaty of neutrality with Congress at the com- 
 mencement of the war, notwithstanding all the advice 
 and admonition given them during its prosecution, 
 could not be restrained from acts of hostility and wan- 
 ton devastation, but were determined to join their arms 
 to those of Great Britain, and to share their fortunes, 
 so consequently with a less generous people than Ame- 
 ricans, they might be compelled to retire beyond the 
 lakes ; but as we prefer clemency to rigour, as we per- 
 suade ourselves that their eyes are open to their errour. 
 and that they have found by fatal experience that 
 their true interest and safety must depend upon our 
 friendship; as the country is large enough to contain, 
 and support us all, and as we are disposed to be kind 
 lo them, to supply their wants, and to partake of their
 
 i733.j DOMESTICK AFFAIRS. M 
 
 trade, we, from these considerations, and from motives 
 of compassion, draw a veil over what is passed, and 
 will establish a boundary lino between them and us, 
 beyond which we will restrain our citizens from hunt- 
 ing and settling, and within whicli the Indians shall 
 not come, but for the purpose of trading, treating, or 
 other business equally unexceptionable. 
 
 Fourthly, That the following lines shall be propos- 
 ed to be mutually agreed upon and established be- 
 tween the United States and the several tribes of In- 
 dians who shall be affected thereby ; beginning at the 
 mouth of the Great Miami river, which empties into 
 the Ohio ; thence along the said river Miami to its 
 conlluence with the Mad river ; thence by a direct 
 line to the Miami fort at the village of that name on 
 the other Miami river which empties into lake Erie ; 
 thence along the last mentioned river to lake Erie, com- 
 prehending all the lands between the abovementioned 
 lines and the state of Pennsylvania on the east, lake 
 Erie on the north, and the river Ohio on the south-east. 
 
 Fifthly, That the commissioners for the northern 
 and middle departments, or such other persons as may 
 be appointed by Congress, unite together in holding 
 one convention with the Indians inhabiting the districts 
 aforesaid, and their allies and dependents, for the pur- 
 poses aforesaid ; and only yield to separate conven- 
 tions in case of inevitable necessity. 
 
 Sixthly, And whereas the Oneida and Tuscarora 
 tribes have adhered to the cause of America, and 
 joined her arms in the course of the late war, and 
 Congress have frequently assured them of peculiar 
 marks of favour and friendship, the said commissio-
 
 244 SECRET JOURNAL. [Oct. 15, 
 
 ners are therefore instructed to reassure the said tribes 
 of the friendship of the United States, and that they 
 may rely that the land which they claim as their in- 
 heritance will be reserved for their sole use and bene- 
 fit, until they may think it for their own advantage to 
 dispose of the same. 
 
 Seventhly, That the said commissioners be and 
 they are hereby instructed to obtain a particular ac- 
 count of the French inhabitants of Detroit, Illinois, 
 and other villages within the territories of the United 
 States; and that they give assurances in the name of 
 the United States to those inhabitants who shall pro- 
 fess their allegiance to the United States, that they 
 shall be protected in the full enjoyment of their liber- 
 ty and their just and lawful property. 
 
 Eighthly, That the said commissioners be and they 
 are hereby instructed not to admit into a treaty with 
 the said Indians, or suffer to be in any manner con- 
 nected with it, any article, stipulation, or condition 
 whatsoever, making or confirming, or tending to make 
 or confirm, to any individual, or individuals, any grant 
 or grants of land, whether real or pretended, within 
 the bounds of the United Slates as before described. 
 
 Ninthly, That the said commissioners be and they 
 are hereby also instructed to obtain information of the 
 number and places of residence of the citizens of the 
 United States who have seated themselves on the north- 
 west side of the Ohio ; to signify to them the displea- 
 sure of Congress that they have taken this step with 
 which the publick interest and repose are so intimately 
 connected, without permission or authority, and to dis- 
 courage, to the utmost of their power, all intrusions 

 
 1783.] D0ME9TICK AFFAIRS. tiAj 
 
 into any of the territories of the United States within 
 their respective departments. 
 
 DECEMBER 22, 1783. 
 
 On the report of a committee, consisting of Mr. 
 JerTWson, Mr. Gerry, and Mr. M'Henry, appointed to 
 make the necessary arrangements for ihe publick au- 
 dience of general Washington — 
 
 Resolved, That the order for the publick audience 
 of general Washington be as follows : 
 
 1. The President and members are to be seated and 
 covered, and the Secretary to be standing by the side 
 of the President. 
 
 2d. The arrival of the General is to be announced 
 by the messenger to the Secretary, who is thereupon to 
 introduce the General, attended by his aids, to the hall 
 of Congress. 
 
 3d. The General, being conducted to a chair by the 
 Secretary, is to be seated with an aid on each side 
 standing, and the Secretary is to resume his place. 
 
 4th. After a proper time for the arrangement of 
 Spectators, silence is to be ordered by the Secretary, 
 if necessary, and the President is to address the Gene- 
 ral in the following words : 
 
 "sir, 
 " The United States in Congress assembled are pre- 
 " pared to receive your communications :" 
 
 Whereupon the General is to arise, and address 
 Congress. After which he is to deliver his commission 
 and a copy of his address to the President.
 
 246 SECRET JOURNAL. [March ly, 
 
 5th. The General, having resumed his place, the 
 President is to deliver the answer of Congress, which 
 the General is to receive standing. 
 
 6th. The President having finished, the Secretary is 
 to deliver the General a copy of the answer. The Ge- 
 neral is then to take his leave. 
 
 When the General rises to make his address, and 
 also when he retires, he is to bow to Congress, which 
 they are to return by uncovering without bowing. 
 
 MARCH 19, 1784. 
 
 On the report of a committee, consisting of Mr. Jef- 
 ferson, Mr. Howell, and Mr. Williamson, to whom were 
 referred the fourth and fifth of the instructions of the 
 15th of October, 1783, to the commissioners for nego- 
 tiating with the Indians — 
 
 Resolved, That the said fourth and fifth articles of 
 the instructions of the 15th of October, 1783, to the 
 commissioners for negotiating with the Indians, be and 
 they are repealed ; and in lieu thereof the following 
 be substituted : 
 
 Fourthly, That a meridian line passing through the 
 lowest point of the rapids of Ohio to the northern 
 boundary of these United States shall be proposed as 
 the line of division between the several Indian tribes 
 and these states; so that all the lands comprehended 
 between the said boundary on the north, the Ohio on 
 the south, the said meridian on the west, and Penn- 
 sylvania on the east, or so much thereof as the tribes 
 having title thereto may be induced to part with, shall 
 be ceded to the United States ; and possession thereof.
 
 1784.] DOMESTICK AFFAIRS. 247 
 
 or of any parts thereof, be given to the United States 
 at such times as may be agreed upon in the troaty. 
 
 Fifthly, The said commissioners are instructed, as 
 far as they shall find it convenient, to treat with the 
 several nations at different times and places; and 
 where necessity shall oblige them to bring two or more 
 nations together, that they still keep their treaties and 
 conferences as distinct as may be. That they counte- 
 nance every disposition in any one of the Six Nations 
 to treat and act separately and independently ; and 
 that in general they discourage every coalition and 
 consultation which might tend to involve any one na- 
 tion in the wars of the others. 
 
 MARCH 30, 1784. 
 
 The grand committee, consisting of Mr. Jefferson, 
 Mr. Blanchard, Mr. Gerry, Mr. Howell, Mr. Sherman, 
 Mr. De Witt, Mr. Dick, Mr. Hand, Mr. Stone, Mr. 
 Williamson, and Mr. Read, to whom was referred a 
 letter of the 19th March, 1784, from the superinten- 
 dant of finance, with sundry papers enclosed, and 
 who were instructed to revise the institution of the 
 treasury department, and report such alterations as 
 they may think necessary, reported the draft of a cir- 
 cular letter to the supreme executives of the several 
 states, which was agreed to as follows : 
 
 [circular.] 
 sir, 
 
 The subject of this address claims the attention of 
 
 your excellency on the principle of the most, urgent 
 
 necessity.
 
 24* SECRET JOURNAL. (March 30, 
 
 The state of our finances is such as to require the 
 united efforts of Congress and of the several states, 
 for obtaining immediately a supply of money to pre- 
 vent the loss of publick credit. 
 
 When the army were furloughcd, they had the pro- 
 mise of three months pay ; and as there was not 
 money in the treasury, the superintendent of finance was 
 under the necessity of issuing his notes to discharge 
 this and other demands. The notes becoming due, 
 part of them were redeemed with money supplied by 
 the several states ; but this being inadequate, the finan- 
 cier drew bills on Holland for the deficiency. A con- 
 siderable proportion of these drafts have been paid by 
 loans obtained there on the credit of the United States. 
 But the letters from our bankers to the superintendent 
 of finance inform, that they had been under the ne- 
 cessity for the want of funds to suffer so many of his 
 bills to be protested for non-acceptance as, with the 
 damages on protest in case of non-payment, will amount 
 to the sum of six hundred and thirty-six thousand dol- 
 lars. 
 
 We expect the return of these bills under a protest 
 for non-payment ; and should there not be money in 
 the treasury of the United Stales to discharge them, 
 your excellency may easily conceive the deplorable 
 consequences. 
 
 Under such circumstances Congress think it their 
 duty to communicate the matter confidentially to the 
 supreme executive of each state, and to request in the 
 most pressing terms their influence and exertion to fur- 
 nish with all possible despatch, on requisitions unsatis-
 
 1784.] DOMESTICK AFFAIRS. 24J» 
 
 fied, their respective quotas of the sum mentioned ac- 
 cording to the apportionment herewith transmitted. 
 
 I shall only add, sir, that Congresa rely on your 
 wisdom for accomplishing their views with as much 
 despatch as possible, and that the estimates and requi- 
 sitions for the year will be soon transmitted to your 
 excellency. 
 
 I am, &c. 
 
 (To be signed by the President.) 
 
 The apportionment of the six hundred and thirty- 
 six thousand dollars is as follows : 
 
 New Hampshire - - 22,348 
 
 Massachusetts ... 95,157 
 
 Rhode Island - - 13,703 
 
 Connecticut ... 56,007 
 
 New York - - - 54,375 
 
 New Jersey * 35,344 
 
 Pennsylvania ... 87,000 
 
 Delaware .... 9,516 
 
 Maryland ... 60,003 
 Virginia - - - 108,750 
 
 North Carolina - - 46,218 
 
 South Carolina - - 40,782 
 
 Georgia - - - 6,797 
 
 636,000 
 
 APRIL 16, 1784. 
 
 On the report of a committee, consisting of Mr. Hand, 
 Mr. Williamson, and Mr. Howell, to whom was refer- 
 red a motion of Mr. Hand — 
 vol. I. 32
 
 ^0 SECRET JOURNAL. [Jan. 20, 
 
 Resolved, Thai the commissioners for treating with 
 the Indian nations be informed, that as Congress are de- 
 sirous of having that important business effected with the 
 utmost despatch, and at as little expense as possible, 
 the fifth article of their instructions, so far as it enjoins 
 the holding of separate and distinct treaties with the 
 several nations, is dispensed with ; and that they the 
 said commissioners are hereby authorized to treat with 
 the said several nations of Indians collectively, or at 
 different times and places, as they shall find most 
 conducive to the interest of the United States. 
 
 APRIL 22, 1784. 
 
 Resolved, That as the command of the legion did 
 not devolve on colonel Ternant upon the promotion of 
 general Armand, he be not entitled to any other pay 
 or commutation than that to which he was entitled as 
 lieutenant colonel in the said corps. 
 
 JANUARY 20, 1785. 
 
 On the report of a committee, consisting of Mr. Mon- 
 roe, Mr. Piatt, Mr. Read, Mr. Hardy, and Mr. 
 Spaight, to whom were referred a letter of third No- 
 vember, 1784, from the honourable John Adams, and 
 a letter of the 11th of the same month from the ho- 
 nourable John Adams, Benjamin Franklin, and 
 Thomas Jefferson — 
 
 Resolved, That the paragraph in the joint letter re- 
 specting the communications they have received from 
 the count de Vergennes upon the subject of the Dutch
 
 1705.] DOMESTICK AFFAIRS. 2.51 
 
 loans guarantied by France, and the particular loans 
 of France, as also the paragraph respecting the letter 
 of Mr. le Grand to Mr. Franklin, and the letter ot 
 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 injunctions of se- 
 crecy. 
 
 SEPTEMBER 7, 1785. 
 
 On motion of Mr. Pinckney — 
 
 Resolved, That whenever it shall appear to the Sec- 
 retary of the United States of America for the depart- 
 ment of foreign affairs, that their safety or interest re- 
 quire the inspection of any letters in any of the post- 
 offices, he be authorized and empowered to inspect the 
 said letters, excepting from the operation of this reso- 
 lution, which is to continue for the term of twelve 
 months, all letters franked by, or addressed to, mem- 
 bers of Congress. 
 
 SEPTEMBER 29, 1786. 
 
 On motion of Mr. Houston, seconded by Mr. Lee — 
 Resolved, That the secretary at war be and hereby 
 is authorized and directed forthwith to repair to Spring- 
 field, in the state of Massachusetts, and to take such 
 measures as may be necessary for the protection and 
 safety of the federal magazine in that place. 
 
 On the question to agree to this, the yeas and nays. 
 being required by Mr. Pinckney —
 
 252 
 
 Massachusetts, 
 
 Rhode Island, 
 
 Connecticut, 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 
 SECRET JOURNAL. 
 
 3Ir. Gorham, 
 Mr. King, 
 Mr. Dane, 
 
 Mr. Manning, 
 Mr. Miller, 
 
 [Oct. 21. 
 
 Ay. 
 
 Ay :\^ 
 
 Av 
 
 Ay 
 Ay 
 
 iJ :] A *- 
 
 Mr. Johnson, 
 Mr. Sturges, 
 
 Mr. Cadwallader, Ay. ) 
 Mr. Symmes, No. > Av. 
 Mr. Hornblower, Ay.} 
 
 Mr. Pettit, 
 Mr. St. Clair, 
 
 Mr. Henry, 
 Mr. Ramsay, 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 A y- 1 av 
 
 Mr. Monroe, Ay. ) 
 
 Mr. Carrington, Ay.y Ay. 
 Mr. Lee, Ay. ) 
 
 Mr. Bloodworth, No. ) ^ 
 
 Mr. White, . Ay. \ DlvIDED - 
 
 North Carolina, 
 South Carolina, 
 Georgia, 
 So it was resolved in the affirmative. 
 
 Mr. Pinckney, 
 Mr. Parker, 
 
 Mr. Houstoun, 
 Mr. Few, 
 
 No. 
 Ay 
 
 :\ 
 
 Divided. 
 
 Ay# X Ay 
 
 OCTOBER 21, 1786. 
 
 Present, Massachusetts, Rhode Island, Connecticut, 
 New York, New Jersey, Pennsylvania, Maryland, Vir- 
 ginia, South Carolina, and Georgia.
 
 1786.J DOMESTICK AFFAIRS. SH 
 
 The committee, consisting of Mr. Pettit, Mr. Lee, 
 Mr. Pinckney, Mr. Henry, and Mr. Smith, to whom 
 were referred a letter from the war office, with the 
 papers enclosed, containing intelligence of the hostile 
 movements of the Indians in the western country, and 
 a letter of the 18th inst. from the secretary at war, 
 suggesting the imminent danger of the publick stores 
 deposited in the arsenal at Springfield, in the state of 
 Massachusetts, from the insurrections and disorders 
 prevailing in that state, having reported — 
 
 That from the facts stated in the said letter from the 
 secretary of war, and other authentick information, it 
 appears that a dangerous insurrection has taken place 
 in divers parts of the state of Massachusetts, which is 
 rapidly extending its influence ; that the insurgents 
 have already, by force of arms, suppressed the ad- 
 ministration of justice in several counties ; that 
 though the legislature of the said state is now in ses- 
 sion, yet from the circumstances attending it, it would 
 undoubtedly defeat the object of the federal interposi- 
 tion, should a formal application for the same be made; 
 that nevertheless it appears to the committee that the 
 aid of the federal government is necessary to stop the 
 progress of the insurgents, and that there is the greatest 
 reason to believe that unless speedy and effectual 
 measures shall be taken to defeat their designs, they 
 will possess themselves of the arsenal at Springfield, 
 subvert the government, and not only reduce that 
 commonwealth to a state of anarchy and confusion, 
 but probably involve the United States in the calami- 
 ties of a civil war. Under such circumstances, the 
 committee conceive that the United States are not
 
 254 fcECRET JOURNAL. [Oct. 21, 1786, 
 
 only bound by the confederation and good faith, but. 
 strongly prompted by friendship, affection, and sound 
 policy, to be prepared to extend such aid to the state 
 of Massachusetts as may be necessary to restore the 
 government to the full exercise of its constitutional 
 authority, and to afford protection to the important 
 publick stores deposited within that state. For these 
 purposes the committee think it proper that a body of 
 troops should be be immediately raised under the au- 
 thority of the United States; but as it is not expedient 
 that these causes should be publickly assigned for the 
 raising of such troops, especially as the other matters 
 referred to the consideration of the committee afford 
 sufficient ground to authorize the measure, they have 
 thought it proper in a separate report on the intelli- 
 gence received from the western country, to recom- 
 mend the augmentation of the troops in the service of 
 the United States. And as these troops are proposed 
 to be raised chiefly in the eastern states, they may 
 probably effect these salutary purposes before they 
 are moved to the western country. 
 
 Resolved, unanimously, That Congress agree to the 
 said report. 
 
 Resolved, unanimously, That although the present 
 condition of Massachusetts demand immediate prepa- 
 ratory arrangements for the interposition of the union 
 when called for, and the happiness of the United 
 States require the adoption of measures calculated to 
 crush the insurrection in that state, still in the present 
 embarrassments of the federal finance, Congress would 
 not hazard the perilous step of putting arms into the 
 hands of men whose fidelity must in some degree de-
 
 Feb. 1787.] DOMESTICK AFFAIRS. :,: 
 
 pend on the faithful payment of their wages, had they 
 not the fullest confidence, from authentick and respec- 
 table information, of the most liberal exertions of the 
 money holders in the state of Massachusetts and the 
 other states in filling the loans authorized by the re- 
 solve of this date. 
 
 OCTOBER 23, 1786. 
 
 Present, Massachusetts, Rhode Island, Connecticut, 
 New York, New Jersey, Pennsylvania, South Caroli- 
 na, and Georgia, and from Maryland, Mr. Ramsay, 
 from Virginia, Mr. Lee. 
 
 Resolved, unanimously, That whenever it shall 
 appear to the Secretary of the United States of Ame- 
 rica for the department of foreign affairs that their 
 safety or interest require the inspection of any letters 
 in any of the postoffices, he be authorized and em- 
 powered to inspect the said letters, excepting from the 
 operation of this resolution, all letters franked by, or 
 addressed to, members of Congress. 
 
 FEBRUARY 16, 1787. 
 
 Congress being assembled, present, Massachusetts, 
 Connecticut, New York, New Jersey, Pennsylvania, 
 Virginia, North Carolina, South Carolina, and Geor- 
 gia, and from R. Island, Mr. Varnum, and from Mary- 
 land, Mr. Forrest. 
 
 The committee, consisting of Mr. Pinckney, Mr. 
 Madison, Mr. King, Mr. Johnson, and Mr. Bingham, 
 to whom was referred a motion for directing the sec-
 
 036 SECRET JOURNAL. [Feb. 16, 
 
 retary at war to issue instructions immediately to the 
 officers in the recruiting service to suspend any future 
 enlistments of troops under the resolutions of Congress 
 of the 20th October, 1786, until the farther direction 
 of Congress, having reported — 
 
 " That in their opinion the present situation and 
 " circumstances of the United States make it prudent to 
 " postpone for a short time a decision on the subject 
 " which has been referred to them :" and this report 
 having been made the order, was called for by the 
 state of South Carolina ; and being under debate, a 
 motion was made by Mr. Pinckney, seconded by Mr. 
 Few, That the farther consideration of the report be 
 postponed in order to take up the following proposi- 
 tion, namely, 
 
 " Whereas neither the requisition of the 21st of Oc- 
 " tober, 1786, nor the loans which the board of treasu- 
 " ry were directed to make in consequence thereof for 
 " paying and subsisting the troops directed to be raised 
 " by the resolutions of the 20th of October last, have 
 " yielded the sums expected from the same, and on the. 
 " prospect of obtaining which the additional number of 
 " one thousand three hundred and forty men were alone 
 li determined to be raised ; and as the present critical 
 "and embarrassed situation of the funds of the United 
 " States is such as not to permit the raising and equip- 
 " ping the whole number of troops mentioned in the 
 " said resolutions without interfering with the more 
 *' necessary and important purposes of collecting sup- 
 " plies for the maintenance of the civil list and the 
 " contingencies of the federal government, the pay- 
 *' ment of the interest and such parts of the capital
 
 1787.] DOMESTICK AFFAIRS. 257 
 
 " as are and will hecome due on the foreign loans j 
 " and as it would be highly dangerous and irnpolitick 
 w either to apply the sums appropriated to these pur- 
 " poses to the maintenance of an additional military 
 "establishment in itself not necessary to the full ex- 
 tent, or to place arms in the hands of a body of dis- 
 " ciplined troops for whose pay and subsistence the 
 "United States are not at present nor will soon pro- 
 " bably be in a situation to provide : Therefore, 
 
 "Resolved, That the secretary at war be and he is 
 " hereby ordered to issue immediate instructions to 
 " the officers in the recruiting service to suspend any 
 " future enlistments under the resolutions of the 20th 
 " of October until the farther direction of Congress, 
 " except so far as to complete the corps now in service 
 "on the Ohio or its neighbourhood to the number of 
 " non-commissioned officers and privates ; 
 
 " that he direct the troops already raised, with a suita- 
 " ble proportion of commissioned officers, to rendez- 
 " vous at ; and that he report to Congress 
 
 " the arrangements necessary for completing the said 
 " corps, and for discharging the officers who may have 
 " been commissioned but whose services are by this 
 " reduction rendered unnecessary." 
 
 On the question to postpone for the purpose above 
 mentioned, the yeas and nays being required by Mr. 
 Pinckney — 
 
 Massachusetts, Mr. King, No. ^ N 
 
 Mr. Dane, No. S 
 
 Rhode Island, Mr. Varnum, No. >X 
 
 voIm i. S3
 
 268 
 
 Connecticut, 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 SECRET JOURNAL. 
 
 Mr. Johnson, 
 Mr. S.M.Mitchell 
 
 Mr. Smith, 
 Mr. Benson, 
 
 [Feb. 16. 
 
 Georgia, 
 
 No.) 
 ,No.J 
 
 No.) 
 No. ( 
 
 No. 
 
 Mr. Cadwallader, Ay.} 
 Mr. Clarke, Ay.> Ay. 
 
 Mr. Scheurman, Ay.) 
 
 Mr. Irvine, 
 Mr. Meredith, 
 Mr. Bingham, 
 
 Mr. Forrest, 
 
 Mr. Grayson, 
 Mr. Madison, 
 
 Mr. Blount, 
 Mr. Hawkins, 
 
 Mr. Bull, 
 Mr. Pinckney, 
 Mr. Kean, 
 Mr. Huger, 
 Mr. Parker, 
 
 Mr. Few, 
 Mr. Pierce, 
 
 Ay. 
 
 Ay. 
 
 Ay. 
 
 At. 
 
 No. >No. 
 N £ i Divided. 
 
 A ^ I Ay 
 
 Ay.-| 
 
 Ay. 
 
 Av. VAy. 
 
 Ay. 
 
 Ay. J 
 
 Ay.) 
 
 Ay. $ 
 
 Ay. 
 
 So the question was lost. 
 
 On motion of Mr. Madison, seconded by Mr. King. 
 
 Ordered, That this be under the injunction of se- 
 crecy for two months. 
 
 Ordered, That the consideration of the report be 
 postponed.
 
 1787.) DOMESTICK AFFAIRS. MO 
 
 OCTOBER 13, 1787. 
 
 On a report of the secretary at war, to whom was 
 referred an extract ol a report of the secretary lor 
 foreign affairs on the case of John Sullivan — 
 
 Whereas a certain John Sullivan, styling himself 
 H late captain fourth regiment American light Dra- 
 " goons," has written an inflammatory and unwarranta- 
 ble letter to the encargado de negocios of his catho- 
 lic majesty, bearing date the first day of March, 1787, 
 tending to interrupt and injure the peace and mutual 
 confidence which so happily subsist between the Unit- 
 ed States and his said catholic majesty : Therefore, 
 
 Resolved, That the secretary at war direct the 
 commanding officer of the troops of the United States 
 on the Ohio, that, if the said John Sullivan come with- 
 in the federal territory, he cause the said John Sullivan 
 to be seized and confined, in order that he may be le- 
 gally tried and punished according to the nature and 
 degree of his crime. 
 
 OCTOBER 2G, 1787. 
 
 Instructions to the Commissioners for negotiating a 
 Treaty with the Tribes of Indians hi the Southern 
 Department, for the purpose of establishing Peace 
 between the United States and the said Tribes. 
 
 GENTLEMEN, 
 
 Several circumstances rendering it probable that 
 hostilities may have commenced, or are on the eve of
 
 260 SECRET JOURNAL. [Oct. 26, 
 
 commencing, between the state of North Carolina and 
 the Cherokee nation of Indians, and between the state 
 of Georgia and the Creek nation of Indians, you are to 
 use every endeavour to restore peace and harmony 
 between the said states and the said nations, on terms 
 of justice and humanity. 
 
 The great source of contention between the said 
 states and the Indian tribes being boundaries, you will 
 carefully enquire into and ascertain the boundaries 
 claimed by the respective states. And although Con- 
 gress are of opinion that they might constitutionally 
 fix the bounds between any state and an independent 
 tribe of Indians, yet unwilling to have a difference 
 subsist between the general government and that of 
 the individual states, they wish you so to conduct the 
 matter, that the states may not conceive their legisla- 
 tive rights in any manner infringed ; taking care at 
 the same time that whatever bounds are agreed upon } 
 they may be described in such terms as shall not be 
 liable to misconstruction and misrepresentation, but 
 may be made clear to the conceptions of the Indians 
 as well as whites. 
 
 The present treaty having for its principal object 
 the restoration of peace, no cession of land is to be 
 demanded of the Indian tribes. 
 
 You will use the utmost care to ascertain who are 
 the leading men among the several tribes — the real 
 head men and warriours. These you will spare no 
 pains to attach to the interest of the United States ; 
 by removing as far as may be all causes of future con- 
 tention or quarrels ; by kind treatment, and assuran- 
 ces of protection; by presents of a permanent nature ;
 
 1787.] DOMESTICK AFFAIRS. W 
 
 and by using every endeavour to conciliate the affec- 
 tions of the white people inhabiting the frontiers, to- 
 wards them. 
 
 You will encourage the Indians to give notice to the 
 superintendent of Indian affairs of any designs that 
 may be formed by any neighbouring Indian tribe, or 
 by any person whatever, against the peace of the 
 United States. 
 
 You will insist that all prisoners of whatever a^e, 
 sex, or complexion, be delivered up ; and that all fugi- 
 tive slaves belonging to citizens of the United States 
 be restored. 
 
 Instructions to the Governour of the Territory of the 
 United States north-west of the River Ohio, relative 
 to an Indian Treaty in the Northern Department. 
 
 SIR, 
 
 You are carefully to examine into the real temper of 
 the Indian tribes inhabiting the northern Indian depart- 
 ment of the United States. If you find it hostile, and 
 that the welfare of the frontiers and the settlements 
 forming in that country demand a trealy, you will then 
 in conjunction with the superintendent of Indian af- 
 fairs for the northern department, unless the attendance 
 of the said superintendent shall be prevented by any 
 unforeseen event, hold as general a one as you can 
 with all the tribes. 
 
 The primary objects of the treaty are the remov- 
 ing all causes of controversy, so that peace and har- 
 mony may continue between the United States and the 
 Indian tribes ; the regulating trade and settling boun-
 
 262 SECRET JOURNAL. [Oct. 26, 17f57. 
 
 daries. For these purposes you will do every thing 
 that is right and proper. 
 
 The treaties which have been made maybe examin- 
 ed, but must not be departed from, unless a change of 
 boundary beneficial to the United States can be ob- 
 tained. 
 
 Although the purchase of the Indian right of soil is 
 not a primary object of holding this treaty, yet you 
 will not neglect any opportunity that may offer of ex- 
 tinguishing the Indian rights to the westward as far as 
 the river Mississippi. 
 
 You may stipulate that the east and west line, or- 
 dered to be run by the ordinance of the 20th May, 
 1785, shall be the boundary between the United States 
 and the Indian tribes ; provided they stipulate that it 
 shall run throughout unto the river Mississippi. And 
 you may stipulate that any white persons going over 
 the said boundary, without a license from the proper 
 officer of the United States, may be treated in such 
 manner as the Indians shall think proper. 
 
 You will use every possible endeavour to ascertain 
 who are the real head men and the warriours of the 
 several tribes, and who have the greatest influence 
 among them. These men you will attach to the Unit- 
 ed States by every means in your power. 
 
 Every exertion must be made to defeat all confede- 
 rations and combinations amongthe tribes, and to con- 
 ciliate the white people inhabiting the frontier towards 
 them. 
 
 Ptesolved, That if under the authority given the 
 22d day of the present month to the governour of the
 
 July, 1788.] DOMESTICK AFFAIRS. 263 
 
 territory of the United States north-west of the river 
 Ohio, he shall think it expedient to hold a treaty with 
 the Indian tribes in the northern department, he shall 
 apply to the commanding oflicer of the troops of the 
 United States for such number of men as he may 
 deem proper for guar ling and protecting the stores 
 and goods necessary for holding the said treaty ; and 
 the commanding officer of the troops of the United 
 States shall cause the said number of men to be march- 
 ed to such place, and at such time, as shall be directed 
 by the governour. 
 
 JULY 2, 1788. 
 
 On the report of a committee consisting of Mr. 
 Dane, Mr. Irvine, Mr. S. M. Mitchell, Mr. Carrington, 
 and Mr. Brown, to whom was referred the report of 
 the secretary at war on a letter of the !4th of March, 
 from the governour of the western territory, Congress 
 agreed to the following 
 
 Additional Instructions to the Governour of the Terri- 
 tory of the United Stales north-west of the River 
 Ohio, relative to the Treaty to he held with the Wes- 
 tern Indians, in pursuance of the Resolutions of Con- 
 gress passed in October last. 
 
 SIR, 
 
 An additional sum of twenty thousand dollars has 
 been appropriated for the purposes of procuring a 
 permanent peace with the Indian tribes with which 
 you are authorized to hold a treaty.
 
 264 SECRET JOURNAL. [July 2, 1W8. 
 
 This sum, and six thousand dollars out of the four- 
 teen thousand heretofore appropriated for holding the 
 said treaty, are particularly directed to be applied 
 solely to the purpose of obtaining a boundary advan- 
 tageous to the United States between them and the 
 said Indian tribes ; and for further extinguishing by 
 purchase Indian titles, in case it can be done on terms 
 beneficial to the union. 
 
 But it is not expected that any further purchase of 
 lands will be made, unless on terms evidently advan- 
 tageous to the United States; or that any part of the 
 said additional sum will be expended, but in cases ap- 
 parently necessary. 
 
 In fixing a boundary between the United States and 
 the Indian tribes, instead of the east and west line men- 
 tioned in your instructions, vou will endeavour to es- 
 tablish an east and west line as far north as the com- 
 pletion of the forty-first degree of north latitude. 
 
 In your negotiations with the Indians you will make 
 immediate payments, so far as you shall have moneys 
 in hand. But in case you shall find it necessary to 
 engage any considerable part of the said additional 
 sum, you are to stipulate that the payments thereof be 
 made in two or three equal annual instalments, the first 
 to be as late in the year 1789 as can be obtained. 
 
 [End of Domestick Journal.]
 
 HISTORY 
 
 OF 
 
 THE CONFEDERATION. 
 
 vol. i, 34
 
 HISTORY 
 
 THE CONFEDERATION. 
 
 JULY 21, 1775. 
 
 Agreeably to order, the Congress resolved itself 
 into a committee of the whole to take into considera- 
 tion the state of America ; when Dr. B. Franklin 
 submitted to their consideration the following sketch of 
 articles of confederation* 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION, 
 Proposed by the delegates of the several colonies of 
 New Hampshire, &c. in General Congress met at Phi- 
 ladelphia, May 10, 1775. 
 
 ARTICLE I. 
 
 The name of this confederacy shall henceforth be 
 
 THE UNITED COLONIES OF NORTH AMERICA. 
 ARTICLE II. 
 
 The said United Colonies hereby severally enter 
 into a firm league of friendship with each other, bind-
 
 26S HISTORY OF THE [July 21, 
 
 ing on themselves and their posterity, for their com- 
 mon defence against their enemies, for the securities 
 of their liberties and properties, the safety of their 
 persons and families, and their mutual and general 
 welfare. 
 
 ARTICLE III. 
 
 That each colony shall enjoy and retain as much as 
 it may think fit of its own present laws, customs, rights, 
 privileges and peculiar jurisdictions within its own 
 limits; and may amend its own constitution as shall 
 seem best to its own assembly or convention. 
 
 ARTICLE IV. 
 
 That for the more convenient management of gene- 
 ral interests, delegates shall be annually elected in 
 each colony, to meet in general Congress at such time 
 and place as shall be agreed on in the next preceding 
 Congress. Only where particular circumstances do 
 not make a duration necessary, it is understood to be 
 a rule, that each succeeding Congress be held in a dif- 
 ferent colony, till the whole number be gone through ; 
 and so in perpetual rotation ; and that accordingly the 
 next Congress after the present shall be held at Anna- 
 polis, in Maryland. 
 
 ARTICLE v. 
 
 That the power and duty of the Congress shall ex- 
 tend to the determining on war and peace ; the sending 
 and receiving ambassadors, and entering into alliances
 
 1775.] CONFEDERATION. 269 
 
 (the reconciliation with Great Britain ;) the settling all 
 disputes and differences between colony and colony, 
 about limits or any other cause, if such should arise; 
 and the planting of new colonies when proper. The 
 congress shall also make such general ordinances as 
 though necessary to the general welfare, particular 
 assemblies cannot be competent to, viz. — Those that 
 may relate to our general commerce, or general cur- 
 rency ; the establishment of posts; and the regulation 
 of our common forces. The Congress shall also have 
 the appointment of all general officers, civil and mili- 
 tary, appertaining to the general confederacy, such as 
 general treasurer, secretary, &c. 
 
 ARTICLE VI. 
 
 All charges of wars, and all other general expenses 
 to be incurred for the common welfare, shall be defray- 
 ed out of a common treasury, which is to be supplied 
 by each colony in proportion to its number of male 
 polls between sixteen and sixty years of age. The 
 taxes for paying that proportion are to be laid and 
 levied by the laws of each colony. 
 
 ARTICLE VII. 
 
 The number of delegates to be elected and sent to 
 Congress by each colony shall be regulated, from time 
 to time, by the number of such polls returned ; so as 
 that one delegate be allowed for every five thousand 
 polls. And the delegates are to bring with them to 
 every Congress an authenticated return of the number
 
 270 HISTORY OF THE (July 21, 
 
 of polls in the' respective provinces, which is to be 
 taken triennially, for the purposes above-mentioned. 
 
 ARTICLE VIII. 
 
 At every meeting of the Congress, one half of the 
 members returned, exclusive of proxies, shall be ne- 
 cessary to make a quorum ; and each delegate at the 
 Congress shall have a vote in all cases, and if neces- 
 sarily absent, shall be allowed to appoint any other 
 delegate from the same colony to be his proxy, who 
 may vote for him. 
 
 ARTICLE IX. 
 
 An executive council shall be appointed by the 
 Congress out of their own body, consisting of twelve 
 persons ; of whom, in the first appointment, one-third, 
 viz. four shall be for one year, four for two years, and 
 four for three years ; and as the said terms expire, the 
 vacancies shall be filled by appointments for three 
 years ; whereby one-third of the members will be 
 changed annually. This council, of whom two-thirds 
 shall be a quorum in the recess of Congress, is to exe- 
 cute what shall have been enjoined thereby ; to manage 
 the general continental business and interests ; to re- 
 ceive applications from foreign countries ; to prepare 
 matters for the consideration of the Congress ; to fill 
 up 5 pro tempore, continental offices that fall vacant ; 
 and to draw on the general treasurer for such mo- 
 neys as may be necessary for general services, and 
 appropriated by the Congress to such services.
 
 1775.] CONFEDERATION. 271 
 
 ARTICLE X. 
 
 No colony shall engage in an offensive war with 
 any nation of Indians without the consent of the 
 Congress, or grand council above mentioned, who 
 are first to consider the justice and necessity of such 
 war. 
 
 ARTICLE XI. 
 
 A perpetual alliance, offensive and defensive, is to 
 be entered into as soon as may be with the Six Na- 
 tions ; their limits to be ascertained and secured to 
 them ; their land not to be encroached on, nor any 
 private or colony purchases made of them hereafter to 
 be held good ; nor any contract for lands to be made, 
 but between the great council of the Indians at Onon- 
 daga and the general Congress. The boundaries and 
 lands of all the other Indians shall also be ascertained 
 and secured to them in the same manner, and persons 
 appointed to reside among them in proper districts ; 
 and shall take care to prevent injustice in the trade 
 with them ; and be enabled at our general expense, 
 by occasional small supplies, to relieve their personal 
 wants and distresses. And all purchases from them 
 shall be by the Congress, for the general advantage 
 and benefit of the United Colonies. 
 
 ARTICLE XII. 
 
 As all new institutions may have imperfections, 
 which only time and experience can discover, it is 
 agreed that the general Congress, from time (o time,
 
 272 HISTORY OF THE [July 21, 1775. 
 
 shall propose such amendments of this constitution as 
 may be found necessary ; which being approved by a 
 majority of the colony assemblies, shall be equally 
 binding with the rest of the articles of this confede- 
 ration. 
 
 ARTICLE XIII. 
 
 Any and every colony from Great Britain upon the 
 continent of North America, not at present engaged in 
 our association, may, upon application and joining 
 the said association, be received into the confedera- 
 tion, viz. Ireland, the West India islands, Quebec, St. 
 John's, Nova Scotia, Bermudas, and the East and 
 West Floridas ; and shall thereupon be entitled to all 
 the advantages of our union, mutual assistance and 
 commerce. 
 
 These articles shall be proposed to the several pro- 
 vincial conventions or assemblies, to be by them con- 
 sidered; and if approved, they are advised to empower 
 their delegates to agree to and ratify the same in the 
 ensuing Congress. After which the union thereby 
 established is to continue firm, till the terms of recon- 
 ciliation proposed in the petition of the last Congress 
 to the king are agreed to ; till the acts since made, re- 
 straining the American commerce and fisheries are re- 
 pealed ; till reparation is made for the injury done to 
 Boston, by shutting up its port ; for the burning of 
 Charlestown; and for the expense of this unjust war ; 
 and till all the British troops are withdrawn from Ameri- 
 ca. On the arrival of these events, the colonies will 
 return to their former connexion and friendship with
 
 June, 1776.] CONFEDERATION. 273 
 
 Britain : but on failure thereof, this confederation is 
 to be perpetual. 
 
 JUNE 10, 177G. 
 
 Agreeable to order, the Congress resolved itself 
 into a committee of the whole to take into their far- 
 ther consideration the resolutions to them referred ; 
 and after some time spent thereon, the president re- 
 sumed the chair, and Mr. Harrison reported, that the 
 committee have had under consideration the resolu- 
 tions to them referred, and have come to a resolution, 
 which he read. 
 
 The Congress took into consideration the report 
 from the committee of the whole : Whereupon, 
 
 Resolved, That the consideration of the first reso- 
 lution be postponed to this day three weeks ; and in 
 the mean while, that no time be lost, in case the Con- 
 gress agree thereto, that a committee be appointed to 
 prepare a declaration to the effect of tire said first 
 resolution, which is in these words : " That these 
 " United Colonies are, and of right ought to be, free 
 "and independent states; that they are absolved from 
 " all allegiance to the British crown ; and that all po- 
 " litical connexion between them and the stale of 
 " Great Britain, is, and ought to be, totally dis- 
 " solved." 
 
 JUNE 11, 1776. 
 
 Resolved, That a committee be appointed to prepare 
 and digest the form of a confederation to be entered 
 into between these colonies. 
 vol. i. 35
 
 274 HISTORY OF THE [July 18, 
 
 JUNE 12, 1776. 
 
 Resolved, That the committee to prepare and di- 
 gest the form of a confederation to be entered into 
 between these colonies consist of a member from each 
 colony. 
 
 New Hampshire, Mr. Bartlelt. 
 
 Massachusetts, Mr. S. Adams* 
 
 Rhode Island, Mr. Hopkins. 
 
 Connecticut, Mr. Sherman. 
 
 New York, Mr. R. Livingston. 
 
 New Jersey, 
 
 Pennsylvania, Mr. Dickinson. 
 
 Delaware, Mr. M k Kean. 
 
 Maryland, Mr. Stone. 
 
 Virginia, Mr. Nelson. 
 
 North Carolina, Mr. Hewes. 
 
 South Carolina, Mr. Rutledge. 
 
 Georgia, Mr. Gwinnet. 
 
 JULY 12, 1776. 
 
 The committee appointed to prepare articles ot 
 confederation, brought in a draft (in the hand-writing 
 of J. Dickinson,) which \vas read, and is as follows : 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION, 
 
 BETWEEN THE COLONIES OF 
 
 New Hampshire, Connecticut, 
 
 Massachusetts Bay, New York, 
 
 Rhode Island, New Jersey,
 
 1776.] CONFEDERATION. 8?tf 
 
 Pennsylvania, Maryland, 
 
 The counties of New Virginia, 
 
 Castle, Kent, and North Carolina, 
 
 Sussex, on Dela- South Carolina, and 
 
 ware, Georgia. 
 
 ARTICLE I. 
 
 The name of this confederacy shall be, the united 
 
 STATES OF AMERICA. 
 
 ARTICLE II. 
 
 The said colonies unite themselves so as never to 
 be divided by any act whatever; and hereby severally 
 enter into a firm league of friendship with each other 
 for their common defence, the security of their liber- 
 ties, and their mutual and general welfare, binding the 
 said colonies to assist one another against all force 
 offered to, or attacks made upon them, or any of them, 
 on account of religion, sovereignty, trade, or any 
 other pretence whatever. 
 
 ARTICLE III. 
 
 Each colony shall retain and enjoy as much of its 
 present laws, rights and customs, as it may think fit; 
 and reserves to itself the sole and exclusive regulation 
 and government of its internal police, in all matters 
 that shall not interfere with the articles of this confede- 
 ration.
 
 276 HISTORY OF THE [July 18, 
 
 ARTICLE IV. 
 
 No colony or colonies, without the consent of the 
 United States assembled, shall send any embassy to, 
 or receive any embassy from, or enter into any treaty, 
 convention, or conference with the king or kingdom of 
 Great Britain, or any foreign prince or state ; nor 
 shall any colony or colonies, nor any servant or ser- 
 vants of the United States, or of any colony or colo- 
 nies, accept of any present, emolument, office, or title 
 of any kind whatever, from the king or kingdom of 
 Great Britain, or any foreign prince or state ; nor 
 shall the United Slates assembled, or any colony, grant 
 any title of nobility. 
 
 article v. 
 
 No two or more colonies shall enter into any treaty, 
 confederation or alliance whatever between them, 
 without the previous and free consent and allowance of 
 the United States assembled, specifying accurately the 
 purposes for which the same is to be entered into, and 
 how long it shall continue. 
 
 ARTICLE VI. 
 
 The inhabitants of each colony shall henceforth al- 
 ways enjoy the same rights, liberties, privileges, immu- 
 nities and advantages, in the other colonies, which the 
 said inhabitants now have, in all cases whatever, ex- 
 cept in those provided for by the next following ar- 
 ticle.
 
 1776.] CONFEDERATION. BD 
 
 ARTICLE VII. 
 
 The inhabitants of each colony shall enjoy all the 
 rights, liberties, privileges, immunities and advantages, 
 in trade, navigation and commerce in any other colo- 
 ny, and in going to and from the same, from and to 
 any part of the world, which the natives of such colony 
 enjoy. 
 
 ARTICLE VIII. 
 
 Each colony may assess or lay such imposts or du- 
 ties as it thinks proper, on importations or exporta- 
 tions ; provided such imposts or duties do not inter- 
 fere with any stipulations in treaties hereafter entered 
 into by the United States assembled with the king or 
 kingdom of Great Britain, or any foreign prince or 
 state. 
 
 ARTICLE IX. 
 
 No standing army, or body of forces, shall be kept 
 up by any colony or colonies, in times of peace, ex- 
 cept such a number only as may be requisite to garri- 
 son the forts necessary for the defence of such colony 
 or colonies. But every colony shall always keep up 
 a well regulated and disciplined militia, sufficiently 
 armed and accoutred ; and shall provide and con- 
 stantly have ready for use in publick stores, a due 
 number of field pieces and tents, and a proper quantify 
 of ammunition and camp equipage.
 
 278 HISTORY OF THE [July W, 
 
 ARTICLE X. 
 
 When troops arc raised in any of the colonies for 
 the common defence, the commission officers proper 
 for the troops raised in each colony, except the gene- 
 ral officers, shall be appointed by the legislature of 
 each colony respectively, or in such manner as shall 
 by them be directed. 
 
 ARTICLE XI. 
 
 All charges of wars, and all other expenses that 
 shall be incurred for the common defence, or general 
 welfare, and allowed by the United States assembled, 
 shall be defrayed out of a common treasury, which 
 shall be supplied by the several colonies in proportion 
 to the number of inhabitants of every age, sex, and 
 quality, except Indians not paying taxes, in each colo- 
 ny, a true account of which, distinguishing the white 
 inhabitants, shall be triennially taken and transmitted 
 to the assembly of the United States. Taxes for pay- 
 ing that proportion shall be laid and levied by the 
 authority and direction of the legislature of the several 
 colonies within the time agreed upon by the United 
 States assembled. 
 
 ARTICLE XII. 
 
 Every colony shall abide by the determinations of 
 the United States assembled, concerning the services 
 performed and losses or expenses incurred by every
 
 1776.] CONFEDERATION. 279 
 
 colony for the common defence, or general welfare ; 
 and no colony or colonies shall, in any case whatever, 
 endeavour by force to procure redress of any injury 
 or injustice supposed to be done by the United States 
 to such colony or colonies, in not granting such satis- 
 factions, indemnifications, compensations, retributions, 
 exemptions, or benefits, of any kind, as such colony or 
 colonies may think just or reasonable. 
 
 ARTICLE XIII. 
 
 No colony or colonies shall engage in any war. 
 without the previous consent of the United States as- 
 sembled, unless such colony or colonies be actually 
 invaded by enemies, or shall have received certain ad- 
 vice of a resolution being formed by some nations of 
 Indians to invade such colony or colonies, and the 
 danger is so imminent as not to admit of a delay till 
 the other colonies can be consulted. Nor shall any 
 colony or colonies grant commissions to any ships or 
 vessels of war, nor letters of marque or reprisal, ex- 
 cept it be after a declaration of war by the United 
 States assembled, and then only against the kingdom 
 or state, and the subjects thereof, against which war 
 has been so declared ; and under such regulations as 
 shall be established by the United States assembled. 
 
 article xiv. 
 
 No purchases of lands, hereafter to be made of the 
 Indians, by colonies or private persons, before the 
 limits of the colonies are ascertained, to be valid.
 
 280 HISTORY OF THE [July 12, 
 
 AH purchases of lands not included within those limits, 
 where ascertained, to be made by contracts between 
 the United States assembled, or by persons for that 
 purpose authorized by them and the great councils of 
 the Indians, lor the general benefit of all the United 
 Colonies. 
 
 ARTICLE XV. 
 
 When the boundaries of any colony shall be ascer- 
 tained by agreement, or in the manner hereinafter di- 
 rected, all the other colonies shall guarantee to such 
 colony the full and peaceable possession of, and the 
 free and entire jurisdiction in, and over the territory 
 included within such boundaries. 
 
 ARTICLE XVI. 
 
 For the more convenient management of the general 
 interests of the United States, delegates should be 
 annually appointed in such manner as the legislature 
 of each colony shall direct, to meet at the city of Phi- 
 ladelphia, in the colony of Pennsylvania, until other- 
 wise ordered by the United States assembled; which 
 meeting shall be on the first Monday of November in 
 every year, with a power reserved to those who ap- 
 pointed the said delegates, respectively, to recall them 
 or any of them at any time within the year, and to 
 send new delegates in their stead for the remainder of 
 the year. Each colony shall support its own delegate.- 
 in a meeting of the states, and while they act as mem 
 bers of the council of state, hereinafter mentioned.
 
 177«.] CONFEDERATION. 281 
 
 ARTICLE XVII. 
 
 In determining questions, each colony shall have 
 one vote. 
 
 ARTICLE XVIII. 
 
 The United States assembled shall have the sole and 
 exclusive right and power — Of determining on peace 
 and war, except in the cases mentioned in the thir- 
 teenth article : Of establishing rules for deciding in all 
 cases what captures on land or water shall be legal : 
 In what manner prizes taken by land or naval forces 
 in the service of the United States shall be divided or 
 appropriated : Granting letters of marque and repri- 
 sal in times of peace: Appointing courts for the trial 
 of all crimes, frauds and piracies committed on the 
 high seas, or on any navigable river not within the 
 body of a county or parish : Establishing the courts 
 for receiving and determining finally appeals in all 
 cases of captures : Sending and receiving ambassadors 
 under any character : Entering into treaties and al- 
 liances : Settling all disputes and differences now sub- 
 sisting, or that hereafter may arise, between two or 
 more colonies concerning boundaries, jurisdictions, or 
 any other cause whatever : Coining money, and regu- 
 lating the value thereof: Regulating the trade, and 
 managing all affairs with the Indians : Limiting the 
 bounds of those colonies which, by charter or procla- 
 mation, or under any pretence, are said to extend to 
 .he south sea ; and ascertaining those bounds of any 
 vol. i. .16
 
 Wt HISTORY OF THE [July 12, 
 
 other colony that appear to be indeterminate: Assign- 
 ing territories for new colonies, either in lands to be 
 thus separated from colonies and heretofore purchas- 
 ed, or obtained by the crown of Great Britain from 
 the Indians, or hereafter to be purchased or obtained 
 from them : Disposing of all such lands for the general 
 benefit of all the United Colonies: Ascertaining boun- 
 daries to such new colonies within which forms of 
 government are to be established on the principles 
 of liberty : Establishing and regulating postoffices 
 throughout all the United Colonies, on the lines of 
 communication from one colony to another : Appoint- 
 ing general officers of the land forces in the service of 
 the United States : Commissioning such other officers 
 of the said forces as shall be appointed by virtue of 
 the tenth article : Appointing all the officers of the 
 naval forces in the service of the United States: Mak- 
 ing rules for the government and regulation of the said 
 land and naval forces : Appointing a council of state, 
 and such committees and civil officers as may be ne- 
 cessary for managing the general affairs of the United 
 States under their direction, while assembled, and 
 in their recess of the council of state : Appointing 
 one of their number to preside, and a suitable person 
 for secretary : And adjourning to any time within the 
 year. 
 
 The United States assembled shall have authority, 
 for the defence and welfare of the United Colonies and 
 every of them, to agree upon and fix the necessary 
 sums and expenses ; to emit bills, or to borrow money, 
 on the credit of the United Colonies ; to raise naval 
 forces ; to agree upon the number of land forces to be
 
 1776.] CONFEDERATION. 
 
 raised, and to make requisitions from the legislature ol 
 each colony, or the persons therein authorized by the 
 legislature to execute such requisitions, for the quota 
 of each colony, which is to be in proportion to the 
 number of white inhabitants in that colony ; which 
 requisitions shall be binding ; and thereupon the le- 
 gislature of each colony, or the persons authorized as 
 aforesaid, shall appoint the regimental officers, raise 
 the men, and arm and equip them in a soldierlike 
 manner ; and the officers and men so armed and equip- 
 ped shall march to the place appointed, and within the 
 time agreed on by the United States assembled. 
 
 But if the United States assembled shall, on consi- 
 deration of circumstances, judge proper that any colo- 
 ny or colonies should not raise men, or should raise a 
 smaller number than the quota or quotas of such colony 
 or colonies, and that any other colony or colonies 
 should raise a greater number of men than the quota 
 or quotas thereof, such extra numbers shall be raised, 
 officered, armed, and equipped, in the same manner as 
 the quota or quotas of such colony or colonies, unless 
 the legislature of such colony or colonies respectively, 
 shall judge that such extra numbers cannot be safely 
 spared out of the same ; in which case they shall raise, 
 officer, arm and equip as many of such extra numbers 
 as they judge can be safely spared ; and the officers 
 and men so armed and equipped, shall march to the 
 place appointed, and within the time agreed on by 
 the United States assembled. 
 
 To establish the same weights and measures through- 
 out the United Colonies.
 
 284 HISTORY OF THE [July 12, 
 
 But the United States assembled shall never impose 
 or levy any taxes or duties, except in managing the 
 postoffice ; nor interfere in the internal police of any 
 colony any further than such police may be affected 
 by the articles of this confederation. 
 
 The United States assembled shall never engage 
 the United Colonies in a war; nor grant letters of 
 marque and reprisal in time of peace ; nor enter into 
 treaties or alliances; nor coin money ; nor regulate 
 the value thereof ; nor agree upon nor fix the sums 
 and expenses necessary for the defence and welfare 
 of the United Colonies, or any of them ; nor emit 
 bills ; nor borrow money on the credit of the United 
 Colonies; nor raise naval forces; nor agree upon the 
 number of land forces to be raised — unless the dele- 
 gates of nine colonies freely assent to the same : nor 
 shall a question on any other point, except for adjourn- 
 ing, be determined, unless the delegates of seven colo- 
 nies vote in the affirmative. 
 
 No person shall be capable of being a delegate for 
 more than three years in any term of six years. 
 
 No person holding any office under the United 
 States, for which he, or another for his benefit, re- 
 ceives any salary, fees, or emoluments of any kind, 
 shall be capable of being a delegate. 
 
 The assembly of the United States to publish the 
 journal of their proceedings monthly, except such parts 
 thereof relating to treaties, alliances, or military ope- 
 rations, as in their judgment require secrecy. The 
 yeas and nays of the delegates of each colony on any 
 question to be entered on the journal, where it is de- 
 sired by any delegate; and the delegates of a colony,
 
 1776.] CONFEDERATION. 205 
 
 or any of them, at his or their request, to be furnished 
 with a transcript of the said journal, except such parts 
 as are above excepted, to lay before the legislatures 
 of the several colonies. 
 
 ARTICLE XIX. 
 
 The council of state shall consist of one delegate 
 from each colony, to be named annually by the dele- 
 gates of each colony ; and where they cannot agree, 
 by the United States assembled. 
 
 This council shall have power to receive and open 
 all letters directed to the United States, and to return 
 proper answers ; but not to make any engagements 
 that shall be binding on the United States : To corres- 
 pond with the legislature of every colony, and all per- 
 sons acting under the authority of the United States, 
 or of the said legislatures: To apply to such legisla- 
 tures, or to the officers in the several colonies who are 
 entrusted with the executive powers of government, 
 for occasional aid, whenever and wherever necessary : 
 To give council to the commanding officers, and to di- 
 rect military operations by sea and land, not changing 
 any objects or expeditions determined on by the Unit- 
 ed States assembled, unless an alteration of circum- 
 stances, which shall come to the knowledge of the 
 council after the recess of the states, shall make such 
 change absolutely necessary : To attend to the defence 
 and preservation of forts and strong posts, and to pre- 
 vent the enemy from acquiring new holds: To procure 
 intelligence of the condition and designs of the enemy: 
 To expedite the execution of such measures as may be
 
 286 HISTORY OF THE [July 12, 
 
 resolved on by the United States assembled, in pur- 
 suance of the powers hereby given to them : To draw 
 upon the treasurers for such sums as maybe appro- 
 priated by the United States assembled, and for the 
 payment of such contracts as the said council may 
 make in pursuance of the powers hereby given to them : 
 To superintend, and control, or suspend, all officers 
 civil and military, acting under the authority of the 
 United States : In case of the death or removal of any 
 officer within the appointment of the United States as- 
 sembled, to employ a person to fulfil the duties of 
 such office until the assembly of the states meet : To 
 publish and disperse aulhentick accounts of military 
 operations : To summon an assembly of the states at 
 an earlier day than that appointed for their next meet- 
 ing, if any great and unexpected emergency should 
 render it necessary for the safety or welfare of the 
 United Colonies, or any of them: To prepare matters 
 for the consideration of the United States, and to lay 
 before them at their next meeting all letters and ad- 
 vices received by the council, with a report of their 
 proceedings : to appoint a proper person for their 
 clerk, who shall take an oath of secrecy and fidelity 
 before he enters on the exercise of his office. Seven 
 members shall have power to act. In case of the 
 death of any member, the council shall immediately 
 apply to his surviving colleagues to appoint some one 
 of themselves to be a member thereof till the meeting 
 of the states ; and if only one survives, they shall give 
 immediate notice, that he may take his seat as a coun- 
 cilor till such meeting.
 
 1776.] CONFEDERATION. 287 
 
 ARTICLE XX. 
 
 Canada acceding to this confederation, and entirely 
 joining in the measures of the United Colonies, shall 
 be admitted into, and entitled to all the advantages of 
 this union. But no other colony shall be admitted into 
 the same, unless such admission be agreed to by the 
 delegates of nine colonies. 
 
 These articles shall be proposed to the legislatures 
 of all the United Colonies, to be by them considered"; 
 and if approved by them, they are advised to autho- 
 rize their delegates to ratify the same in the assembly 
 of the United States; which being done, the articles 
 of this confederation shall inviolably be observed by 
 every colony ; and the union is to be perpetual : Nor 
 shall any alteration be at any time hereafter made in 
 these articles, or any of them, unless such alteration 
 be agreed to in an assembly of the United States, 
 and be afterwards confirmed by the legislatures of 
 every colony. 
 
 Resolved, That eighty copies, and no more, of the 
 confederation, as brought in by the committee, be im- 
 mediately printed and deposited with the Secretary, 
 who shall deliver one copy to each member. 
 
 That the printer be under oath to deliver all the 
 copies which he shall print, together with the copy 
 sheet, to the Secretary ; and not to disclose, either 
 directly or indirectly, the contents of the said confede- 
 ration.
 
 288 HISTORY OF THE [Aug. 20, 
 
 That no member furnish any person with his copy, 
 or take any steps by which the said confederation may 
 be reprinted ; and that the Secretary be under the like 
 injunction. 
 
 On the 22d July the Congress resolved itself into a 
 committee of the whole to consider the articles of 
 confederation ; and proceeded to debate the same, 
 in committee, on the 23d, 24th, 25th, 26th, 29th, 30th, 
 and 31st of that month, and on the 1st, 2d, 6th, 7th, 
 8th, and 20th of August, 1776. On the day last men- 
 tioned, they reported a new draft, which was read and 
 ordered to be printed for the use of the members, un- 
 der the same injunctions and restrictions as the former 
 draft. 
 
 The draft of the articles of confederation reported 
 by the committee of the whole is as follows : 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION, 
 
 BETWEEN THE STATES OF 
 
 New Hampshire, Castle, Kent, and Sussex 
 
 Massachusetts Bay, on Delaware, 
 
 Rhode Island, Maryland, 
 
 Connecticut, Virginia, 
 
 New York, North Carolina, 
 
 New Jersey, South Carolina, and 
 
 Pennsylvania, Georgia. 
 
 The counties of New 
 
 ARTICLE I. 
 
 The name of this confederacy shall be, the unitep 
 
 STATES OF AMERICA.
 
 1776.] CONFEDERATION. 289 
 
 ARTICLE II. 
 
 The said states hereby severally enter into a firm 
 league of friendship with each other, for their common 
 defence, the security of their liberties, and their mu- 
 tual and grncr.il welfare ; binding themselves to assist 
 each other against all force offered to, or attacks made 
 upon them, or any of them, on account of religion, 
 sovereignty, trade, or any other pretence whatever. 
 
 ARTICLE III. 
 
 Each state reserves to itself the sole and exclusive 
 regulations and government of its internal police in all 
 matters that shall not interfere with the articles of this 
 confederation. 
 
 ARTICLE IV. 
 
 No state, without the consent of the United States 
 in Congress assembled, shall send any embassy to, or 
 receive any embassy from, or enter into any confer- 
 ence, agreement, alliance or treaty with, any king, 
 prince or state, nor shall any person holding any office 
 of profit or trust under the United States, or any of 
 them, accept of any present, emolument, office, or title 
 of any kind whatever, from any king, prince or 
 foreign state ; nor shall the United States assembled, or 
 any of them, grant any title of nobility. 
 vol. i. 37
 
 •290 HISTORY OP THE [Atg. 20, 
 
 ARTICLE V. 
 
 No two or more states shall enter into any treaty, 
 confederation, or alliance whatever between them, 
 without thf consent of the United States in Congress 
 assembled, specifying accurately the purposes for 
 which the same is to be entered into, and how long it 
 shall continue. 
 
 ARTICLE VI. 
 
 No state shall lay any imposts or duties which may 
 interfere with any stipulations in treaties hereafter en- 
 tered into by the United States assembled with any 
 king, prince, or state. 
 
 ARTICLE VII. 
 
 No vessels of war shall be kept up in time of peace 
 by any state, except such number only as shall be 
 deemed necessary by the United Stales assembled for 
 the defence of such state, or its trade ; nor shall any 
 body of forces be kept up by any state in time of 
 peace, except such number only as in the judgment of 
 the United States in Congress assembled shall be 
 deemed requisite to garrison the forts necessary for 
 the defence of such state. But every state shall al- 
 ways keep up a well regulated and disciplined militia, 
 sufficiently armed and accoutred ; and shall provide, 
 and constantly have ready for use in publick stores,
 
 1776.] CONFEDERATION. 291 
 
 a due number of field pieces and tents, and a proper 
 quantity of ammunition and camp equipage. 
 
 ARTICLE VIII. 
 
 When land forces are raised by any state for the 
 common defence, all officers of or under the rank of 
 colonel shall be appointed by the legislatures of each 
 state respectively, by whom such forces shall be rais- 
 ed, or in such manner as such state shall direct ; and 
 all vacancies shall be filled up by the state which first 
 made the appointment. 
 
 ARTICLE IX. 
 
 All charges of war, and all other expenses that shall 
 be incurred for the common defence or general wel- 
 fare, and allowed by the United States assembled, 
 shall be defrayed out of a common treasury, which 
 shall be supplied by the several states in proportion to 
 the number of inhabitants of every age, sex, and qua- 
 lity, except Indians not paying taxes in each state ; a 
 true account of which, distinguishing the white inha- 
 bitants, shall be triennially taken and transmitted to 
 the assembly of the United States. The taxes for 
 paying that proportion shall be laid and levied by the 
 authority and direction of the legislatures of the seve- 
 ral states within the time agreed upon by the United 
 Slates assembled.
 
 HISTORY OF THE [Aug. 20. 
 
 ARTICLE X. 
 
 Every state shall abide by the determinations of the 
 United States in Congret-s assembled on all questions 
 which by this confederation are submitted to them. 
 
 ARTICLE XI. 
 
 No state shall engage in any war without the con- 
 sent of the United States in Congress assembled, un- 
 less such state be actually invaded by enemies, or 
 shall have received certain advice of a resolution be- 
 ing formed by some nation of Indians to invade such 
 state, and the danger is so imminent as not to admit of 
 delay till the other states can be consulted ; nor shall 
 any state grant commissions to any ships or vessels of 
 war, nor letters of marque, or reprisal, except it be 
 after a declaration of war by the United States as- 
 sembled ; and then only against the kingdom or state 
 and the subjects thereof against which war has been 
 so declared, and under such regulations as shall be 
 established by the United States assembled. 
 
 ARTICLE XII. 
 
 For the more convenient management of the gene- 
 ral interests of the United States, the delegates shall 
 be annually appointed in such manner as the legisla- 
 ture of each state shall direct, to meet at the city of 
 Philadelphia, in Pennsylvania, until otherwise ordered 
 by the United States in Congress assembled ; which
 
 1776.] CONFEDERATION. 293 
 
 meeting shall be on the first Monday in November in 
 every year; with a power reserved to each state to 
 recall its delegates, or any of them, at any time within 
 the year, and to send others in their stead for the re- 
 mainder of the year. Each state shall support its own 
 delegates in a meeting of the states, and while they 
 act as members of the council of state hereinafter 
 mentioned. 
 
 ARTICLE XIII. 
 
 In determining questions each state shall have one 
 vote. 
 
 ARTICLE XIV. 
 
 The United States assembled shall have the sole and 
 exclusive right and power of determining on peace 
 and war, except in the cases mentioned in the eleventh 
 article : Of establishing rules for deciding, in all cases, 
 what captures on land or water shall be legal : In what 
 manner prizes taken by land or naval forces in the 
 service of the United States shall be divided or appro, 
 priated : Granting letters of marque and reprisal in 
 times of peace : Appointing courts for the trial of pi- 
 racies and felonies committed on the high seas : Esta- 
 blishing courts for receiving and determining finally 
 appeals in all cases of captures : Sending and receiv- 
 ing ambassadors : Entering into treaties and alliances : 
 Deciding all disputes and differences now subsisting, 
 or that hereafter may arise between two or more states, 
 concerning boundaries, jurisdictions, or any other
 
 2!M HISTORY OF THE [Aug. 20, 
 
 cause whatever: Coining money and regulating the 
 value thereof: Fixing the standard of weights and 
 measures throughout the United States : Regulating 
 the trade and managing all affairs with the Indians, not 
 members of any of the states : Establishing and re- 
 gulating postoffices from one state to another, through- 
 out all the United States ; and exacting such postage 
 on the papers passing through the same as may be re- 
 quisite to defray the expenses of said office : Appoint- 
 ing general officers of the land forces in the service of 
 the United States : Commissioning such other officers 
 of the said forces as shall be appointed by virtue of 
 the eighth article : Appointing all the officers of the 
 naval forces in the service of the United States : Mak- 
 ing rules for the government and regulation of the said 
 land and naval forces, and directing their operations. 
 The United States in Congress assembled shall have 
 authority to appoint a council of state, and such com- 
 mittees and civil officers as may be necessary for ma- 
 naging the general affairs of the United States under 
 their direction, while assembled, and their recess 
 under that of the council of state : To appoint one of 
 their number to preside ; and a suitable person for 
 secretary ; and to adjourn to any time within the year, 
 and to any place within the United States : To agree 
 upon and fix the necessary sums and expenses : To 
 borrow money, or emit bills on the credit of the Unit- 
 ed States : To build and equip a navy : To agree upon 
 the number of land forces ; and to make requisitions 
 from each state for its quota in proportion to the num- 
 ber of white inhabitants in such state ; which requisi- 
 tions shall be binding ; and thereupon the legislature
 
 1776.] CONFEDERATION. 29fi 
 
 of each state shall appoint the regimental officers, 
 raise the men, and arm and equip them in a soldier- 
 like manner; and the officers and men so armed and 
 equipped shall march to the place appointed, and 
 within the time agreed on, by the United States as- 
 sembled. 
 
 But if the United States in Congress assembled 
 shall, on consideration of circumstances, judge proper 
 that any state or states should not raise men, or should 
 raise a smaller number than the quota or quotas of such 
 state or states, and that any other state or states should 
 raise a greater number of men than the quota or quo- 
 tas thereof, such extra numbers shall be raised, officer- 
 ed, armed and equipped, in the same manner as the 
 quota or quotas of such state or states, unless the le- 
 gislature of such state or states respectively shall 
 judge that such extra numbers cannot be safely spared 
 out of the same, in which case they shall raise, officer, 
 arm and equip as many of such extra numbers as they 
 judge can be safely spared. And the officers and men, 
 so armed and equipped, shall march to the place ap- 
 pointed, and within the lime agreed on by the United 
 States assembled. 
 
 The United States in Congress assembled shall ne- 
 ver engage in a war ; nor grant letters of marque and 
 reprisal in time of peace ; nor enter into any treaties 
 or alliances, except for peace ; nor coin money, nor 
 regulate the value thereof; nor agree upon nor fix the 
 sums and expenses necessary for the defence and wel- 
 fare of the United States, or any of them; nor emit 
 bills; nor borrow money on the credit of the United 
 States ; nor appropriate money ; nor agree upon the
 
 296 HISTORY OF THE [Aug. 20 
 
 number of vessels of war to be built or purchased, or 
 the number of land or sea forces to be raised ; nor 
 appoint a commander in chief of the army or navy — 
 unless nine states assent to the same : nor shall :j ques- 
 tion on any other point, except for adjourning from 
 day to day, be determined, unless by the votes of a 
 majority of the United States. 
 
 No person shall be capable of being a delegate for 
 more than three years in any term of six years. 
 
 No person holding any ollice under the United 
 States, for which he, or another for his benefit, re- 
 ceives any salary, fees or emolument of any kind, 
 shall be capable of being a delegate. 
 
 The assembly of the United States to publish the 
 journal of their proceedings monthly, except such 
 parts thereof relating to treaties, alliances, or military 
 operations, as in their judgment require secrecy ; the 
 yeas and nays of the delegates of each state on any 
 question to be entered on the journal when it is desir- 
 ed by any delegate ; and the delegates of a state, or 
 any of them, at his or their request, to be furnished 
 with a transcript of the said journal, except such parts 
 as are above excepted, to lay before the legislatures 
 of the several states. 
 
 ARTICLE XV. 
 
 The council of state shall consist of one delegate 
 from each state, to be named annually by the dele- 
 gates of each state, and where they cannot agree, by 
 the United States assembled.
 
 1776.] CONFEDERATION. 597 
 
 This council shall have power to receive and open 
 all letters directed to the United States, and to return 
 proper answers ; but not to make any engagements 
 that shall be binding on the United States ; to corres* 
 pond with the legislature of every state, and all per- 
 sons acting under the authority of the United States, 
 or of the said legislatures ; to apply to such legisla- 
 tures, or to the officers in the several states, who are 
 intrusted with the executive powers of government, 
 for occasional aid whenever and wherever necessary ; 
 to give council to the commanding officers, and to di- 
 rect military operations by sea and land, not changing 
 any objects or expeditions determined on by the Unit- 
 ed States assembled, unless an alteration of circum- 
 stances which shall come to the knowledge of the 
 council after the recess of the states shall make such 
 change absolutely necessary ; to attend to the defence 
 and preservation of forts and strong posts ; to procure 
 intelligence of the condition and designs of the ene- 
 my ; to expedite the execution of such measures as may 
 be resolved on by the United States assembled, in pur- 
 suance of the powers hereby given to them ; to draw 
 upon the treasurers for such sums as may be appro- 
 priated by the United States assembled, and for the 
 payment of such contracts as the said council may 
 make in pursuance of the powers hereby given to 
 them ; to superintend and control or suspend all offi- 
 cers, civil and military, acting under the authority of 
 the United States. In case of the death or removal 
 of any officer within the appointment of the United 
 States assembled, to employ a person to fulfil the du- 
 ties of such office, until the assembly of the states 
 vol. i. 38
 
 298 HISTORY OF THE [Aug. 20, 1776. 
 
 meet; to publish and disperse authenlick accounts of 
 military operations ; to summon an assembly of the 
 states at an earlier day than that appointed for their 
 next meeting, if any great and unexpected emergency 
 should render it necessary for the safety or welfare of 
 the United States or any of them; to prepare matters 
 for the consideration of the United States, and to lay 
 before them at their next meeting all letters and advi- 
 ces received by the council, with a report of their pro- 
 ceedings ; to appoint a proper person for their clerk, 
 who shall take an oath of secrecy and fidelity before 
 he enters on the exercise of his office. Seven mem- 
 bers shall have power to act. In case of the death of 
 any member, the council shall immediately apply to 
 his surviving colleagues to appoint some one of them- 
 selves to be a member thereof, till the meeting of the 
 states; and if only one survives, they shall give im^ 
 mediate notice, that he may take his seat as a counsel- 
 lor till such meeting;. 
 
 ARTICLE XVI. 
 
 Canada acceding to this confederation, and entirely 
 joining in the measures of the United States, shall be 
 admitted into, and entitled to all the advantages of this 
 union. But no other colony shall be admitted into the 
 same, unless such admission be agreed to by nine 
 states. 
 
 These articles shall be proposed to the legislatures 
 of all the United States, to be by them considered ; 
 and if approved by them, they are advised to autho- 
 rize their delegates to ratify the same in the assembly
 
 April, 1777.] CONFEDERATION. 299 
 
 of the United States ; which being done, the articles 
 of this confederation shall inviolably be observed by 
 every state ; and the union is to be perpetual. Nor 
 shall any alteration, at any time hereafter, be made id 
 these articles, or any of them, unless such alteration 
 be agreed to in an assembly of the United States, and 
 be afterwards confirmed by the legislatures of every 
 state. 
 
 TUESDAY, APRIL 8, 1777. 
 
 Ordered, That the report of the committee of the 
 whole house on the articles of confederation, be taken 
 into consideration on Monday next ; and that two days 
 in each week be employed on that subject until it shall 
 be wholly discussed in Congress. 
 
 MONDAY, APRIL 21, 1777. 
 
 According to the order of the day, Congress pro- 
 ceeded to the consideration of the articles of confede- 
 ration, as reported from the committee of the whole 
 house ; and after debate thereon, 
 
 Resolved, That the farther consideration thereof be 
 postponed to Friday next. 
 
 FRIDAY, APRIL 25, 1777. 
 
 According to the order of the day, Congress resum- 
 ed the consideration of the articles of confederation as 
 reported by a committee of the whole \ and after de- 
 bate,
 
 300 HISTORY OF THE [June 26, 
 
 Resolved, That the farther consideration thereof be 
 postponed to Monday next. 
 
 MONDAY, MAY 5, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation, as reported by the committee of the 
 whole ; and after debate thereon, 
 
 Resolved, That the farther consideration thereof be 
 postponed. 
 
 MONDAY, JUNE 23, 1777. 
 
 According to the order of the day, Congress took 
 into consideration the articles of confederation; and 
 after debate, 
 
 Resolved, That the farther consideration thereof be 
 postponed till to-morrow. 
 
 WEDNESDAY, JUNE 25, 1777. 
 
 Resolved, That to-morrow be assigned for taking 
 into consideration the articles of confederation. 
 
 THURSDAY, JUNE 26, 1777. 
 
 According to the order of the day, Congress took 
 into consideration the articles of confederation ; and 
 after debate thereon, 
 
 Resolved, That the farther consideration thereof 
 be postponed.
 
 
 1777.J CONFEDERATION. 301 
 
 THURSDAY, OCTOBER 2, 1777. 
 
 Resolved, That the articles of confederation be 
 taken into consideration to-morrow morning, at eleven 
 o'clock. 
 
 MONDAY, OCTOBER 6, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Ordered, That to-morrow morning, at eleven o'clock, 
 Congress take into consideration that part of the arti- 
 cle of confederation which relates to the mode of 
 voting in Congress. 
 
 TUESDAY, OCTOBER 7, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 of confederation relative to the mode of voting in Con- 
 gress : Whereupon, it was moved, 
 
 That in determining questions, Rhode Island, Dela- 
 ware, and Georgia, shall have one vote, and every 
 other state shall have one vote for every fifty thousand 
 white inhabitants therein, taken and transmitted ac- 
 cording to the directions of the ninth article ; and 
 when the white inhabitants of Rhode Island, Delaware 
 and Georgia, shall exceed fifty thousand, the number 
 of votes to be given by such state shall be increased 
 in the proportion of one vote for every fifty thousand 
 such inhabitants, that an equality in this national as- 
 sembly may be preserved as nearly as possible ; and
 
 302 
 
 HISTORY OF THE 
 
 [Oct. 7, 
 
 that those who are bound by measures, and are to pay 
 taxes demanded by an assembly, the members of 
 which are elected, not by all the people, but by those 
 of a particular district, may have the same propor- 
 tionable number of votes as they would have if they 
 were personally present. If in process of time the 
 people shall so multiply as that the Congress, consist- 
 ing of one delegate for every fifty thousand white in- 
 habitants, would be too numerous, the proportions 
 shall be again adjusted, wherein the same rule of equa- 
 lity in the representation shall be observed. 
 
 New Hampshire, Mr. Folsom. No. )»No. 
 
 Massachusetts Bay, Mr. 
 Mr. 
 
 S. Adams, 
 J. Adams, 
 Gerry, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Mr. 
 
 Mr. Marchant, 
 
 Mr. 
 Mr. 
 Mr. 
 
 Mr. 
 
 Mr. 
 
 Mr. 
 
 Mr. 
 
 Mr. 
 Mr. 
 Mr. 
 
 Dyer, 
 
 Law, 
 
 Williams, 
 
 Duane, 
 Duer, 
 
 Witherspoon, No. 
 
 Roberdeau, Ay. 
 
 Chase, No. 
 
 Carroll, No. 
 
 Smith, No. 
 
 No.
 
 1777.) 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 CONFEDERATION. 
 
 Mr. Harrison, 
 Mr. F. L. Lee, 
 
 Mr. Jones, 
 
 303 
 
 AyO 
 
 Z K 
 
 Mr. R. H. Lee, Ay. J 
 
 x /* } Divided. 
 No. 5 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Middleton, 
 Mr. Heyward, 
 Mr. Laurens, 
 
 Mr. Walton, 
 Mr. Brovvnson, 
 
 So it passed in the negative. 
 
 It was then moved, 
 
 That each state shall have a right to send one dele- 
 gate to Congress for every thirty thousand of its in- 
 habitants ; and in determining questions in Congress, 
 each delegate shall have one vote. 
 
 New Hampshire, Mr. Folsom, No. ^No. 
 
 Massachusetts Bay, Mr. S. Adams, 
 Mr. J. Adams, 
 
 Rhode Island, 
 Connecticut. 
 
 New York, 
 New Jersf \ 
 
 Mr. Gerry, 
 
 Mr. Marchant, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 No. >No. 
 
 No.) 
 No.> No. 
 No.S 
 
 No. 
 
 Nc. 
 
 No.^ 
 Mr. Withcrspoon, No. ^No
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 HISTORY OF THE 
 Mr. Roberdeau, 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smith, 
 
 Mr. Harrison, 
 Mr. Jones, 
 Mr. F. L. Lee, 
 Mr. R. H. Lee, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Middleton, 
 Mr. Heyward, 
 Mr. Laurens, 
 
 Mr. Walton, 
 Mr. Brownson, 
 
 [Oct. % 
 
 No. >No. 
 
 Ay.^ 
 
 A y- Iay 
 
 Ay. f Ay * 
 Ay.J 
 
 Ay. 
 
 No. 
 
 No. 
 No. 
 
 Divided. 
 
 Ay.) 
 
 No. } No. 
 
 No.S 
 
 No. 
 
 So it passed in the negative. 
 
 It was then moved, 
 
 That the quantum of representation of each state 
 shall be computed by numbers proportioned according 
 to its contribution of money or tax levied, agreeable 
 to this confederation, and paid into the publick trea- 
 sury towards the annual expenses necessary for the 
 support of the union. 
 
 New Hampshire, Mr. Folsom, No. )*No. 
 
 Massachusetts Bay, Mr. S. Adams, 
 Mr. J. Adams, 
 Mr. Gerry, 
 
 Rhode Island. 
 
 Mr. Marchant, No. y
 
 1777.] 
 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 CONFEDERATION. 
 
 Mr. Dyer, 
 Mr. Law, 
 
 Mr. Williams, 
 
 No.) 
 No.S No. 
 No.S 
 
 Mr. Duane, 
 Mr. Duer, 
 
 No.) M 
 No. I No ' 
 
 Mr. Witherspoon, No. )>No. 
 
 Mr. Morris, No. 
 
 Mr. Roberdeau, No 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smith, 
 
 Mr. Harrison, 
 
 Mr. Jones, 
 
 Mr. F. L. Lee, 
 
 Mr. R. H. Lee, Ay.J 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Middleton, 
 Mr. Heyward, 
 Mr. Laurens, 
 
 Mr. Walton, 
 Mr. Brownson, 
 
 No. 
 No. 
 
 No. 
 
 Ay.) 
 
 No. } No. 
 No.^ 
 
 No. 
 No 
 
 ! \ No * 
 
 So it passed in the negative. 
 
 The question put on the article as reported — 
 
 New Hampshire, 
 
 Mr. Folsom, 
 
 Ay. 
 
 )>Ay. 
 
 Massachusetts, 
 
 Mr. S. Adams, 
 Mr. J. Adams, 
 Mr. Gerry, 
 
 Ay. 
 
 No. 
 Ay. 
 
 i Ay. 
 
 Rhode Island, 
 
 Mr. Marchant, 
 
 Ay. 
 
 )>Ay. 
 
 VOL. I. 
 
 39 
 

 
 30C 
 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Georgia, 
 
 HISTORY OF THE [Oct. 7, 
 
 Ay.) 
 
 A, V 
 
 Mr. Dyer, 
 Mr. Law. 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 Ay.V Ay. 
 
 Ay.) 
 
 A y ' I Av. 
 
 Ay. 5 
 
 Mr. Witherspoon, Ay. ^»Ay. 
 
 Mr. Morris, Ay. ) . 
 
 Mr. Roberdeau, Ay. J 
 
 Mr. Chase, 
 
 Mr Carroll, 
 Mr. Smith, 
 
 Mr. Harrison, No.' 
 
 Mr. Jones, No. 
 
 Mr. F. L. Lee, No. 
 
 Mr. R. H. Lee, No. 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 No. 
 Ay. 
 
 ►No. 
 
 Divided. 
 
 Mr. Middleton, No. } 
 
 Mr. Hey ward, Ay. > Ay. 
 
 Mr. Laurens, Ay.) 
 
 Mr. Walton, Ay. ) . 
 
 Mr. Brownson, Ay. 5 
 
 So it was resolved, That in determining questions 
 each state shall have one vote.
 
 1T77.] CONFEDERATION. 407 
 
 WEDNESDAY, OCTOBER 8, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Resolved, That tomorrow Congress take into con- 
 sideration that part of the articles of confederation 
 that relates to taxation. 
 
 THURSDAY, OCTOBER 9, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 The article relating to taxation in the confederation 
 reported by the committee of the whole Congress was 
 read as follows : 
 
 " All charges of war, and all other expenses that 
 " shall be incurred for the common defence or general 
 " welfare, and allowed by the United States assembled, 
 " shall be defrayed out of a common treasury, which 
 " shall be supplied by the several stales in proportion 
 " to the number of inhabitants of every age, sex and 
 " quality, except Indians not paying taxes, in each 
 " state ; a true account of which, distinguishing the 
 " white inhabitants, shall be tricnnially taken and 
 " transmitted to the assembly of the United States. 
 " The taxes for paying that proportion shall be laid 
 " and levied by the authority and direction of the le- 
 " gislatures of the several states within the time agreed 
 " upon by the United states assembled." 
 
 After debate thereon, 
 
 Resolved, That the farther consideration thereof 
 be postponed till to-morrow.
 
 308 HISTORY OF THE [Oct. 13, 
 
 FRIDAY, OCTOBER 10, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 of confederation under debate yesterday ; and after 
 some time, 
 
 Resolved, That the farther consideration thereof 
 be postponed till to-morrow. 
 
 SATURDAY, OCTOBER 11, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the article of 
 confederation last under debate ; and after some time 
 spent thereon, 
 
 Resolved, That the farther consideration thereof be 
 postponed to Monday next. 
 
 MONDAY, OCTOBER 13, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the article 
 of confederation under debate : Whereupon, it was 
 moved, 
 
 That the proportion of the publick expense incur- 
 red by the United Stales for their common defence 
 and general welfare, to be paid by each state into the 
 treasury, be ascertained by the value of all property, 
 except household goods and wearing apparel, within 
 each state, to be ascertained agreeable to the direc- 
 tions of Congress.
 
 1777.] CONFEDERATION. 309 
 
 Question put, passed in the negative. 
 
 Another amendment was moved ; and after debate, 
 the determination thereof, at the request of a slate, 
 was postponed till to-morrow. 
 
 TUESDAY, OCTOBER 14, 1777. 
 
 Congress resumed the consideration of the amend- 
 ment moved yesterday, viz. " That the proportion of 
 " the publick expense incurred by the United Siaie3 
 " for their common defence and general welfare, to be 
 " paid by each state into the treasury, be ascertained 
 " by the value of all land within each slate granted to, 
 " or surveyed for any person, as such land, the build- 
 " ings and improvements thereon, shall be estimated 
 " according to such mode as Congress shall from time 
 " to time direct and appoint." 
 
 New Hampshire, Mr. Folsom, No. ^-No. 
 
 Massachusetts Bay, Mr. S. Adams, No.^\ 
 
 Mr. J. Adams, No. 1 „ 
 
 Mr. Gerry, No. f 
 
 Mr. Lovell, No.J 
 
 Rhode Island, Mr. Marchant, No. )>No. 
 
 Connecticut, Mr. Dyer, 
 
 Mr. Law, 
 Mr. Williams, 
 
 New York, Mr. Duane, No. ) D 
 
 Mr. Duer, Ay. J 
 
 New Jersey, 
 
 Mr. Witherspoon, Ay. ) . 
 Mr. Elmer, Ay. $
 
 310 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 HISTORY OF THE 
 
 Mr. Morris, 
 Mr. Roberdeau, 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smiih, 
 
 [Oct. 14, 
 
 No.y^ 
 
 IVIDED. 
 
 Ay. )>Ay. 
 
 Ay.j 
 
 Mr. Jones, Av. } 
 
 Mr. F. L. Lee, Ay. } Ay. 
 Mr. R.H.Lee, Ay.) 
 
 Mr. Ponn, 
 Mr. Burke, 
 Mr. Harnett, 
 
 Ay. 
 
 Ay. 
 Ay. 
 
 Mr. Middleton, Ay. 
 Mr. Hcyward, Ay. 
 Mr. Laurens, Ay. 
 
 Ay. 
 
 Ay. 
 
 So it was resolved in the affirmative. 
 
 FOUR O'CLOCK, V. M. 
 
 Congress took into consideration that part of the 
 articles of confederation relative to the manner of con- 
 stituting the Congress of the United States. 
 
 On the question put, 
 
 Resolved, That no person shall be capable of being 
 a delegate for more than three years in any term of 
 six years. 
 
 It was then moved, 
 
 That no state shall be represented in Congress by 
 less than two, nor by more than seven members. 
 
 New Hampshire, Mr. Folsom, No. )»No.
 
 1777.] 
 
 CONFEDERATION. 
 
 ISll 
 
 Massachusetts Bay, Mr S. Adams, 
 Mr. J. Adams, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 Mr. Gerry, 
 Mr. Lovell, 
 
 Mr. Marchant, No. )>No. 
 
 Mr. Dyer, 
 Mr. L«w» 
 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 £i A - 
 
 Mr. Witherspoon,No. > » 
 Mr. Elmer, No. j J>l °" 
 
 Mr. Morris, Ay. ) v 
 
 Mr. Roberdeau, Ay. $ 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smith, 
 
 Mr. Jones, Ay. } 
 
 Mr. F. L. Lee, Ay. > Ay. 
 Mr. R. H. Lee, Ay.) 
 
 Mr. Penn, 
 Mr. Burke, 
 Mr. Harnett, 
 
 Ay. ) 
 
 Ay. > Ay. 
 Ay.S 
 
 Mr. Middleton, Ay.^j 
 Mr. Heyward, Ay. >Ay. 
 Mr. Laurens, Ay. J 
 
 So it was resolved in the affirmative.
 
 312 HISTORY OF THE [Oct. 15, 
 
 WEDNESDAY, OCTOBER 15, 1777. 
 
 Congress took into consideration the article of con- 
 federation relative to the powers of Congress ; and 
 after debate, 
 
 Resolved, That the farther consideration thereof be 
 postponed to the afternoon. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the article of 
 confederation under debate this morning: Whereon, it 
 was moved, 
 
 That in order to render the present union and con- 
 federacy firm and perpetual, it is essential that the 
 limits of each respective territorial jurisdiction should 
 be ascertained by the articles of confederation ; and 
 therefore it is recommended to the legislatures of eve- 
 ry state to lay before Congress a description of the 
 territorial lands of each of their respective states, and 
 a summary of the grants, treaties, and proofs, upon 
 which they are claimed, or established. 
 
 New Hampshire, Mr. Folsom, No. ^No. 
 
 Massachusetts Bay, Mr. S. Adams, No."} 
 
 Mr. J. Adams, No. I K 
 
 Mr. Gerry, No. f m * 
 
 Mr. Lovell, No. J 
 
 Rhode Island, Mr. Marchant, No. ^No. 
 
 Connecticut, Mr. Dyer, No. } 
 
 Mr. Law, No.£ No. 
 
 Mr. Williams, Ay.)
 
 1777.] 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 CONFEDERATION. 
 
 Mr. Duane, 
 Mr. Duer, 
 
 313 
 
 fti A - 
 
 Mr. Witherspoon, No. \ N 
 Mr. Elmer, No. $ iN0, 
 
 Mr. Morris, Ay. )»Ay. 
 
 Ay. 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smith, 
 
 Mr. Jones, 
 
 Mr. F. L. Lee, No. 
 
 Mr. R. H. Lee, No. 
 
 No. 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 No. ) M 
 
 No. I No ' 
 
 Mr. Middleton, No.} 
 Mr. Heyward, No. > No. 
 Mr. Laurens, N0.3 
 
 So it passed in the negative. 
 
 It was then moved, 
 
 That the United States in Congress assembled shall 
 have the sole and exclusive right and power to ascer- 
 tain and fix the western boundary of such states as 
 claim to the South Sea ; and to dispose of all land 
 beyond the boundary so ascertained for the benefit of 
 the United States. 
 
 Question put, 
 
 Passed in the negative. 
 
 It was then moved, 
 
 That the United States in Congress assembled shall 
 have the sole and exclusive right and power to ascer- 
 tain and fix the western boundary of su«h states as claim 
 vol. i. 40
 
 314 
 
 HISTORY OF THE 
 
 [Oct. 15, 
 
 to the Mississippi, or South Sea, and lay out the land 
 beyond the boundary so ascertained into separate and 
 independent states, from time to time, as the numbers 
 and circumstances of the people thereof may require. 
 
 New Hampshire, 
 Massachusetts, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 Maryland, 
 
 Virginia, 
 
 "North Carolina, 
 South Carolina, 
 
 Mr. Folsom, No. )>No. 
 
 Mr. S. Adams, 
 Mr. J. Adams, 
 Mr. Gerry, 
 Mr. Lovell, 
 
 No.^ 
 No. I v 
 No. > No * 
 No.J 
 
 Mr. Marchant, No. )«No. 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 No. 
 No. 
 
 ; \ N °- 
 
 Mr. Witherspoon, No. ) n 
 Mr. Elmer, Ay. $ U 
 
 IVIDED. 
 
 Mr. Morris, No. ^No. 
 
 Mr. Chase, 
 Mr. Carroll, 
 Mr. Smith, 
 
 Mr. Jones, 
 Mr. F. L. Lee, 
 Mr. R. H. Lee, 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Middleton, 
 Mr. Heyward, 
 
 Mr. Laurens,
 
 4777.] CONFEDERATION, .1 - 
 
 So it passed in the negative. 
 
 TUESDAY, OCTOBER 21, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation as reported by the committee of the 
 whole. In debating the sixth article it was moved, 
 
 That instead of " No state shall lay any imposts or 
 11 duties which may interfere with any stipulations in 
 11 treaties hereafter entered into by the United States 
 " assembled with any king, prince or state," it should 
 run thus — " No state shall lay any imposts or duties 
 " upon goods, wares or merchandise imported or ex- 
 " ported by any foreign nation with whom the United 
 " States assembled shall enter into any commercial 
 " treaty, other than what shall be laid upon the in- 
 " habitants of such state ; provided that any state may 
 " totally prohibit the exportation or importation of 
 " any particular species of goods, wares or merchan- 
 " dise ; and provided also, that if any foreign nation 
 " shall not allow the same privileges, exemptions or 
 " advantages to the people and vessels of any state 
 f trading in their ports, as to their own people and 
 " vessels, the said state may disallow the like privi- 
 " leges, exemptions and advantages to those foreign- 
 " ers." After some debate thereon, the consideration 
 thereof was postponed to the afternoon. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the amend- 
 ment moved this morning; and the question being put, 
 the states were equally divided.
 
 31« HISTORY OF THE [Oct. 23, 
 
 THURSDAY, OCTOBER 23, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation. 
 
 A motion was made to strike out the word " hereaf- 
 " ter," and to add to the paragraph under debate on 
 Tuesday these Avords, " in pursuance of any treaties 
 " already proposed by Congress to the courts of 
 " France or Spain :" 
 
 And on the question put, 
 
 Resolved in the affirmative. 
 
 On the paragraph restraining the several states from 
 granting commissions to vessels of war, or letters of 
 marque and reprisal, it was moved to add " unless such 
 " state be infested by pirates; in which case vessels 
 " of war may be fitted out for that occasion, and kept 
 " so long as the danger shall continue, or until the 
 " United States in Congress assembled shall determine 
 " otherwise." 
 
 On the question put, 
 
 Resolved in the affirmative. 
 
 On the article respecting the powers of Congress, a 
 motion was made to add to the first paragraph " pro- 
 " vided that no member of Congress shall be appointed 
 " a judge of any of the said courts." 
 
 Question put, 
 
 Resolved in the affirmative. 
 
 Another amendment was moved after the word " en- 
 " tering into treaties and alliances," to insert " pro- 
 " vided that no treaty of commerce shall be made 
 u whereby the legislative power of the respective
 
 1777.J 
 
 CONFEDERATION. 
 
 317 
 
 " states shall be restrained from imposing such im- 
 " posts and duties on foreigners, as their own people 
 " are subjected to, or from prohibiting the exportation 
 " or importation of any species of goods or commodi- 
 " ties whatsoever." 
 
 After debate, the farther consideration thereof was 
 postponed to the afternoon. ' 
 
 FOUR O'CLOCK, P. M. 
 
 \ 
 
 Congress resumed the consideration of the para- 
 graph in the confederation under debate this morn- 
 ing; which being divided, and the question being 
 put on the first part as far as the disjunctive " or" — 
 
 New Hampshire, Mr. Folsom, No. )>No. 
 
 Massachusetts Bay, Mr. S. Adams, Ay. 1 
 
 Mr. J. Adams, Ay. } Ay. 
 Mr. Lovell, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 Pennsylvania, 
 Maryland. 
 
 Mr. Marchant, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 Ay.) 
 
 No. >No. 
 
 No.) 
 No. \ No. 
 
 Ay) 
 Ay. 5 
 
 Ay. 
 
 M 
 M 
 
 r. Witherspoon,No. ) j-. 
 r. Elmer, Ay. } 
 
 ivided. 
 
 Mr. Morris, Ay. ) Ay 
 
 Mr. Roberdeau, Ay. $ 
 
 Mr. Smith, 
 
 Ay. )>Ai
 
 318 HISTORY OF THE [Oct. 26: 
 
 Virginia, Mr. Jones, Ay.^ 
 
 Mr. R. H. Lee, Ay. I . 
 
 Mr. F. L. Lee, Ay. f AY * 
 
 Mr. Harvie, -Ay. J 
 
 North Carolina, Mr. Pcnn, Ay. ) . 
 
 Mr. Harnett, Ay. 
 
 South Carolina, Mr. Heyward 
 Mr. Laurens 
 
 d, Ay. ) D 
 , No. I D 
 
 IVIDED. 
 
 So it was resolved in the affirmative. 
 
 The question was then put on the second part, and 
 resolved in the affirmative. 
 
 Resolved, That the farther consideration of the ar- 
 ticle be postponed till to-morrow. 
 
 FRIDAY, OCTOBER 24, 1777. 
 
 Congress resumed the consideration of the article 
 of confederation respecting the powers of Congress ; 
 and after some time the farther consideration thereof 
 was postponed. 
 
 Congress resumed the consideration of the article of 
 confederation relative to the powers of Congress ; and 
 after some time spent thereon, adjourned to ten o'clock 
 to-morrow. 
 
 SATURDAY, OCTOBER 25, 1777. 
 
 Congress resumed the consideration of the article 
 of confederation respecting the powers of Congress : 
 Whereupon,.
 
 1777.] CONFEDERATION. 319 
 
 It was moved to strike out " coining money, and re- 
 " gulating the value thereof," and insert, " regulating 
 " the alloy and value of coin struck by their own au- 
 " thority, or by that of the respective states.' 1 
 
 And the question being put, 
 
 Resolved in the affirmative. 
 
 Resolved, That the farther consideration of the 
 articles of confederation be postponed to Monday next. 
 
 MONDAY, OCTOBER 27, 1777. 
 
 Congress resumed the consideration of the article of 
 confederation respecting the powers of Congress : 
 Whereupon, 
 
 It was moved, to strike out these words, " deciding 
 " all disputes and differences now subsisting, or that 
 44 hereafter may arise between two or more states 
 " concerning boundaries, jurisdictions, or any other 
 " cause whatever ;" and instead thereof, to insert 
 :t The United States in Congress assembled shall also 
 " be the last resort on appeal in all disputes and dif- 
 " ferences now subsisting, or that may hereafter arise, 
 " between two or more states, concerning boundaries, 
 "jurisdiction, or any other cause whatever; which 
 " authority shall always be exercised in the manner fol- 
 " lowing : Whenever the legislature or executive au- 
 " thority, or lawful agent of any state in controversy 
 *' with another, shall present a petition to Congress, 
 " stating the matter in question, and praying for a 
 
 I" hearing, notice thereof shall be given by order of 
 kC Congress to the legislative or executive authority of 
 M the other state in controversy ; and a day assigned for 
 ; ' the appearance of the parties by their lawful agent?.
 
 820 HISTORY OF THE [Oct. 27, 
 
 " who shall then be directed to appoint by joint consent 
 " commissioners or judges to constitute a court for 
 M hearing and determining the matter in question ; but 
 " if they cannot agree, Congress shall name three per- 
 t l sons out of each of the United States, and from the list 
 " of such persons, each party shall alternately strike 
 " out one, the petitioners beginning, until the number 
 " shall be reduced to thirteen ; and from that number not 
 " less than seven, nor more than nine names, as Con- 
 " gress shall direct, shall in the presence of Congress 
 " be drawn out by lot ; and the persons whose names 
 " shall be so drawn, or any five of them, shall be com- 
 " missioners or judges to hear and finally determine the 
 " controversy ; so always as a major part of the judges 
 " who shall hear the cause, shall agree in the delermi- 
 •' nation. And if either party shall neglect to attend at 
 " the clay appointed, without showing reasons which 
 " Congress shall judge sufficient, or, being present, 
 " shall refuse to strike, the Secretary of Congress 
 • ; shall do it in behalf of such party ; and the judgment 
 " and sentence of the court to be appointed in the man- 
 " ner before prescribed, shall be final and conclusive. 
 " And if any of the parties shall refuse to submit to- 
 " the authority of such court, or to appear, or defend 
 u their claim or cause, the court shall nevertheless 
 " proceed to pronounce sentence or judgment, which 
 "shall in like manner be final and decisive; Uiejudg- 
 " ment or sentence and other proceedings being, in 
 " either case, transmitted to Congress, and lodged 
 " among the acts of Congress for the security of the 
 * l parties concerned : Provided, that every commission- 
 " er, before he sits in judgment, shall take an oath, to 

 
 1777.] 
 
 CONFEDERATION. 
 
 321 
 
 " be administered by one of the judges of the supreme 
 " or superior court of the state where the cause shall 
 "be tried, well and truly to hear and determine the 
 <f matter in question according to the best, of his judg- 
 " ment, without favour, affection, or hope of reward ; 
 " provided also, that no state shall be deprived of ter- 
 " ritory for the benefit of the United States." 
 
 New Hampshire, 
 Massachusetts, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Mr. Folsom, No. )>No. 
 
 Mr. S. Adams, 
 Mr. J. Adams, 
 Mr. Gerry, 
 
 Mr. Marchant, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 ft!*- 
 
 Mr 
 
 Mr 
 
 ■. Witherspoon, No. ) ^\ 
 ;. Elmer, Ay. $ 
 
 Mr. Roberdeau, Ay. }>Ay. 
 
 ivided. 
 
 Mr. Jones, 
 Mr. R. H. Lee, 
 Mr. F. L. Lee, 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Heyward, 
 Mr. Laurens, 
 
 Ay.-| 
 
 Ay. 
 Ay. 
 
 *v 1 
 Ay.J 
 
 Ay. 2 
 
 Ay. ] 
 
 Ay. 
 
 No. 
 
 >Ay. 
 
 Ay. 
 
 Divided. 
 
 vol. r. 
 
 41
 
 3-22 HISTORY OF THE [Oct. 28, 
 
 So it was resolved in the affirmative. 
 
 pour o'clock, p. m. 
 
 Congress resumed the consideration of the article in 
 confederation last under debate. 
 
 A motion was made to strike out the words " not 
 - ; members of any of the states ;" and instead thereof 
 to insert " not residing within the limits of any of the 
 " United States." 
 
 Another motion was made to amend the clause, so 
 as to read thus : " managing all affairs relative to war 
 '' and peace with all Indians not members of any par- 
 " ticular state ; and regulating the trade with such 
 " nations and tribes as are not resident within such 
 " limits wherein a particular state claims and actually 
 " exercises jurisdiction." After debate, 
 
 Resolved, That the farther consideration thereof 
 be postponed till to-morrow. 
 
 TUESDAY, OCTOBER 28, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation ; and after debating on the amend- 
 ments moved yesterday, adjourned to four o'clock. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 of confederation ; and instead of the two amendments 
 proposed, it was moved to add to the clause, these 
 words: "Provided, that the legislative right of any
 
 1777.] CONFEDERATION. 3£5 
 
 " state within its own limits be not infringed or vie- 
 " lated." 
 
 And the question being put, 
 
 Resolved in the affirmative. 
 
 WEDNESDAY, OCTOBER 29, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation, when the following amendments were 
 moved and agreed to : 
 
 Instead of " general officers," to read " all officers." 
 After " United States," to add, " excepting regimen- 
 " tal officers, and commissioning all officers what- 
 " ever." 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 of confederation ; and after some time spent thereon, 
 adjourned to ten o'clock to-morrow. 
 
 THURSDAY, OCTOBER 30, 1777. 
 
 Congress resumed the consideration of the articles 
 of confederation, when the following amendments were 
 moved and agreed to, viz. Strike out " council of 
 il state," &c. and read, " The United States in Con- 
 " gress assembled shall have authority to appoint a 
 M committee to sit in the recess of Congress, to be de- 
 " nominated a committee of the states, and to consist 
 " of one delegate from each stale, and to appoint such 
 Mother committees," &c.
 
 324 HISTORY OF THE [Oct. 30, 
 
 In the next clause, strike out, " and a suitable per- 
 " so:, lor secretary," and read, " to appoint one of 
 " theii number to preside." To change the words 
 " agree on and fix," for the word " ascertain ;" and 
 to amend the clause to read thus — " To ascertain the 
 " necessary sums of money to be raised for the ^er- 
 " vice of the United States, and to appropriate and 
 " apply the same for defraying the publick expenses." 
 
 On the clause for adjournment to add, " so that no 
 " period of adjournment be for a longer duration than 
 " the space of six months." 
 
 In the clause for borrowing or emitting money, to 
 add, " transmitting every half year to the respective 
 " states an account of the sums of money so borrowed 
 " or emitted." 
 
 To amend the clause for calling upon the states for 
 their quota of troops, so that each state may " clothe" 
 as well as arm, &c. its quota of troops. 
 
 It was then moved after the words " unless nine 
 " states shall assent to the same," to insert " Provided, 
 " that the nine states so assenting shall comprehend a 
 :; majority of the people of the United States, exclud- 
 " ing negroes and Indians ; for which purpose a true 
 " account of the number of free people in each state 
 " shall be triennially taken and transmitted to the as- 
 " sembly of the United States." 
 
 New Hampshire, Mr. Folsom, No. )>No. 
 
 Massachusetts Bay, Mr. S. Adams, 
 Mr. J. Adams, 
 
 Ay.") 
 
 No. 
 
 Mr. Gerry, No. 
 
 Mr. Lovell, No.J 
 
 )>No.
 
 1777.] 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 CONFEDERATION. 
 
 Mr. Marchant, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 No. y 
 
 No. 
 
 Mr. Witherspoon, No. \ K 
 Mr. Elmer, No. $ no ' 
 
 Mr. Roberdeau, 
 
 Mr. Smith, 
 
 Mr. Jones, 
 Mr. R. H. Lee, 
 Mr. F. L. Lee, 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Heyward, 
 Mr. Laurens, 
 
 Ay. 
 
 No. ) M 
 No.$ No * 
 
 No. 
 No. 
 
 No. 
 
 So it passed in the negative. 
 
 It was then moved and agreed to amend the clause. 
 " No person holding any office under the United States 
 " for which he or another for his benefit receives any 
 " salary, fees or emolument of any kind, shall be capa- 
 " ble of being a delegate," and read " no person being 
 " a delegate shall be capable of holding any office 
 " under the United States for which he or any other 
 " for his benefit receives any salary, fees or emolument 
 " of any kind."
 
 326 
 
 HISTORY OP THE 
 
 [Oct. 30, 
 
 On the clause for entering the yeas and nays, it 
 was moved, after the words "on any question," to in- 
 sert, " except on a previous question ;" and instead 
 of " when it is desired by any delegate," to read, 
 " when it is desired by any state." 
 
 And a question being severally put, 
 
 Passed in the negative. 
 
 The question was then put to agree to the clause. 
 
 New Hampshire, Mr. Folsom, Ay. )>x 
 
 Massachusetts Bay, Mr. S. Adams, Ay.*"! 
 Mr. J. Adams, Ay. I. 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 
 Pennsylvania, 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 Mr. Gerry, 
 Mr. Lovell, 
 
 Mr. Marchant, 
 
 Mr. Dyer, 
 Mr. Law, 
 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 Ay.J 
 
 No. y 
 
 Ay. I 
 
 a } Ay. 
 
 Ay. 5 
 
 Mr. Witherspoon,Ay. ) A 
 Mr. Elmer, Ay. } Ar ' 
 
 Mr. Roberdeau, Ay. ^X 
 
 Mr. Smith, Ay. )>x 
 
 Mr. Jones, 
 
 AyO 
 
 Mr. R. H. Lee, Ay. I . 
 Mr. F. L. Lee, Av 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Ay.. 
 Ay.J 
 
 A y- 5
 
 1777.3 CONFEDERATION. 327 
 
 South Carolina, Mr. Heyward, Ay. > •» 
 Mr. Laurens, No. 3 
 
 So it was resolved in the affirmative. 
 
 DED. 
 
 FRIDAY, NOVEMBER 7, 1777. 
 
 FOUR O'CLOCK, P. AI. 
 
 Congress resumed the consideration of the articles 
 of confederation : Whereupon, it was moved, 
 
 After the words " to appoint one of their number to 
 " preside," to add, " provided that no person be al- 
 " lowed to serve in that office more than one year in 
 " any term of three years." 
 
 And the yeas and nays being required — 
 
 New Hampshire, Mr. Folsom, Ay. ^»x 
 
 Massachusetts Bay, Mr. S. Adams, 
 Mr. J. Adams, 
 
 Mr. Gerry, 
 Mr. Lovell, 
 
 A >'* Uv 
 Ay. > A "' 
 
 Ay. J 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 
 New Jersey, 
 Pennsylvania, 
 
 Mr. Marchant, Ay. )>x 
 
 Mr. Dyer, 
 
 Mr. Law, No. S No. 
 
 Mr. Williams, 
 
 Mr. Duane, 
 Mr. Duer, 
 
 Mr. Elmer, 
 
 No. 
 
 Ay. ^X 
 
 Mr. Morris, No. 
 
 Mr. Roberdeau, Ay 
 Mr. Clingan. Ay 
 
 ;l 
 
 Ay
 
 HISTORY OF THE 
 
 [Not. 10, 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 South Carolina, 
 
 Mr. Smi'h, 
 Mr. Rumsey, 
 
 Mr. Jones, 
 Mr. F. L. Lee, 
 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 Mr. Laurens, 
 
 IVIDED, 
 
 Av. 
 
 ^' I Av 
 Ay. I Ay ' 
 
 Ay. yx 
 
 So it was resolved in the affirmative. 
 
 A motion was made to strike out the whole article 
 relative to the powers of the committee of the states ; 
 and instead thereof to substitute " The committee of 
 " the states, or any nine of them, shall be authorized 
 " to execute, in the recess of Congress, such of the 
 " powers of Congress as the United States in Con- 
 " gress assembled by the consent of nine states, shall 
 " from time to time think expedient to vest them with : 
 " Provided, no power be delegated to the said com- 
 " mittee for the exercise of which, by the articles of 
 " confederation, the voice of nine states in the Con- 
 " gress of the United States assembled is requisite. " 
 
 And the question being put, 
 
 Resolved in the affirmative. 
 
 MONDAY, NOVEMBER 10, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Sundry propositions being laid before Congress, in 
 addition to the articles of confederation.
 
 1777.] CONFEDERATION. 329 
 
 Resolved, That a committee of three be appointed 
 to take the same into consideration, and report such as 
 they shall judge proper to be added to the articles of 
 confederation ; not changing, or altering any of the 
 articles already agreed on. 
 
 The members chosen — Mr. Law, Mr. Richard Hen- 
 ry Lee, and Mr. Duane. 
 
 WEDNESDAY, NOVEMBER 12, 1777. 
 
 Congress took into consideration the articles pro- 
 posed to be added to the confederation : Whereupon, 
 
 Resolved, That the following be included : 
 
 " Freedom of speech and debate in Congress shall 
 " not be impeached or questioned in any court or place 
 " out of Congress. 
 
 " The members of Congress shall be protected in 
 " their persons from arrests and imprisonments during 
 " the time of their going to and from and attendance 
 " on Congress, except for treason, felony, or breach 
 " of the peace." 
 
 Adjourned to four o'clock. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 proposed to be added to the confederation : Where- 
 upon, 
 
 Resolved, That the following be included therein : 
 
 u If any person guilty of, or charged with treason, or 
 
 *'' felony, or other high misdemeanour, in any state, 
 
 " shall flee from justice, and be found in any of the 
 
 vol. i. 42
 
 330 
 
 HISTORY OF THE 
 
 [Nov. 12, 
 
 " United States, he shall, upon demand of the govcr- 
 " nour or executive power of the state from which he 
 " fled, be delivered up and removed to the state hav- 
 " ing jurisdiction of his offence. 
 
 " Full faith and credit shall be given in each of the 
 " states to the records, acts and judicial proceedings 
 " of the courts and magistrates of every other state." 
 
 It was then moved to add, " An action of debt may 
 " be commenced in a court of law of any state for the 
 " recovery of a debt due on judgment of any court in 
 " any other state ; provided the judgment creditor shall 
 i: give bond with sufficient sureties before the said 
 " court, in which the action shall be brought, to answer 
 " in damages to the adverse party, in case the original 
 ; ' judgment should be afterwards revised, and set aside ; 
 " and provided, the party against whom such judgment 
 " may have been obtained had notice in fact of the 
 " service of the original writ upon which such judg- 
 " ment shall be founded." 
 
 New Hampshire, Mr. Folsom, 
 
 Massachusetts Bay, Mr. Gerry, 
 
 Rhode Island, Mr. Marchant, 
 
 Connecticut, Mr. Dyer, 
 
 Mr Law, 
 Mr. Williams, 
 
 New York, Mr. Duane, 
 
 New Jersey, Mr. Elmer, 
 
 Pennsylvania, Mr. Roherdeau, Ay. } n 
 
 Mr. Clingan, No. $ 
 
 Av.
 
 1777.] CONFEDERATION. 
 
 Maryland, Mr. Smith, No.jn 
 
 Mr. Rumsey, A). 5 
 
 Virginia, Mr. Jones, No."^ 
 
 Mr. R. H. Lee, No. \ N 
 
 Mr. F. L. Lee, No, f" ' 
 
 Mr. Harvie, No.J 
 
 North Carolina, Mr. Penn, No. ) N 
 
 Mr. Harnett, No. 5 , 
 
 South Carolina, Mr. Laurens, No. )»x 
 
 So it passed in the negative. 
 
 THURSDAY, NOVEMBER 13, 1777. 
 
 FOUR O'CLOCK, P. M. 
 
 Congress resumed the consideration of the articles 
 proposed to be added to the confederation ; and the 
 following were agreed to : 
 
 The better to secure and perpetuate mutual friend- 
 ship and intercourse among the people of the different 
 states in this union, the free inhabitants of each of these 
 states, paupers, vagabonds, and fugitives from justice 
 excepted, shall be entitled to all privileges and immu- 
 nities of free citizens in the respective states ; and 
 the people of each state shall have free ingress and 
 regress to and from any other state, and shall enjoy 
 therein all the privileges of trade and commerce, sub- 
 ject to the same duties, impositions, and restrictions, 
 as the inhabitants thereof respectively ; provided, that 
 such restriction shall not extend so far as to prevent 
 the removal of property imported into any state to any 
 other state of which the owner is an inhabitant ; pro-
 
 332 HISTORY OF THE [Nov. 13, 
 
 vided also, that no imposition, duties, or restrictions, 
 shall be laid by any state on the property of the United 
 States or either of them. 
 
 All bills of credit emitted, moneys borrowed, and 
 debts contracted, by or under the authority of Con- 
 gress, before the assembling of the United States, in 
 pursuance of the present confederation, shall be deem- 
 ed and considered as a charge against the United 
 States ; for payment and satisfaction whereof the said 
 United States and the publick faith are hereby solemn- 
 ly pledged. All controversies concerning the private 
 right of soil, claimed under different grants of two or 
 more states, whose jurisdictions, as they may respect 
 such lands, and the states which passed such grants, 
 are adjusted, the said grants or either of them being 
 at the same time claimed to have originated antecedent 
 to such settlement of jurisdiction, shall, on the petition 
 of either party to the Congress of the United States, 
 be finally determined in the same manner, as near as 
 may be, as is before prescribed for deciding disputes 
 respecting territorial jurisdiction between different 
 states. 
 
 Resolved, That a committee of three be appointed 
 to revise and arrange the articles of confederation 
 agreed to ; and to prepare a circular letter to the re- 
 spective slates to accompany the said articles. 
 
 The members chosen— Mr. Richard Henry Lee, 
 Mr. Duane, and Mr. Lovell.
 
 1777.] CONFEDERATION. 333 
 
 FRIDAY, NOVEMBER 14, 1777. 
 
 The committee appointed to revise and arrange the 
 articles of confederation, reported a draft, which was 
 read and agreed to. 
 
 Ordered, That a fair copy be made out accordingly. 
 
 SATURDAY, NOVEMBER 15, 1777. 
 
 A copy of the confederation being made out, and 
 sundry amendments made in the diction, without alter- 
 ing the sense, the same was agreed to, and is as fol- 
 lows : 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION, 
 
 BETWEEN THE STATES OF 
 
 New Hampshire, Pennsylvania, 
 
 Massachusetts Bay, Delaware, 
 Rhode Island and Provi- Maryland, 
 
 dence Plantations, Virginia, 
 
 Connecticut, North Carolina, 
 
 New York, South Carolina, and 
 
 New Jersey, Georgia. 
 
 ARTICLE I. 
 
 The style of this confederacy shall be, the united 
 
 STATES OF AMERICA.
 
 334 HISTORY OF THE [Nov. 16, 
 
 ARTICLE II. 
 
 Each state retains its sovereignty, freedom and in- 
 dependence, and every power, jurisdiction and right, 
 which is not by this confederation expressly delegated 
 to the United States in Congress assembled. 
 
 ARTICLE III. 
 
 The said states hereby severally enter into a firm 
 league of friendship with each other, for their common 
 defence, the security of their liberties, and their mu- 
 tual and general welfare ; binding themselves to assist 
 each other against all force offered to, or attacks made 
 upon them, or any of them, on account of religion, 
 sovereignty, trade, or any other pretence whatever. 
 
 ARTICLE IV. 
 
 The better to secure and perpetuate mutual friend- 
 ship and intercourse among the people of the different 
 states in this union, the free inhabitants of each of 
 these states (paupers, vagabonds, and fugitives from 
 justice excepted) shall be entitled to all privileges and 
 immunities of free citizens in the several states ; and 
 the people of each state shall have free ingress and re- 
 gress to and from any other state, and shall enjoy 
 therein all the privileges of trade and commerce, sub- 
 ject to the same duties, impositions and restrictions, 
 as the inhabitants thereof respectively ; provided, that 
 such restrictions shall not extend so far as to prevent
 
 1777.] CONFEDERATION. 335 
 
 the removal of property imported into any state, to 
 any other state of which the owner is an inhabitant; 
 provided also, that no imposition, duties, or restric- 
 tions, shall belaid by any slate on the property of the 
 United States, or either of them. 
 
 If any person guilty of or charged with treason, 
 felony, or other high misdemeanour, in any state, shall 
 flee from justice, and be found in any of the United 
 States, he shall, upon demand of the governour, or 
 executive power of the state from which he fled, be 
 delivered up, and removed to the state having jurisdic- 
 tion of his offence. 
 
 Full faith and credit shall be given in each of these 
 states to the records, acts and judicial proceedings of 
 the courts and magistrates of every other state. 
 
 article v. 
 
 For the more convenient management of the gene- 
 ral interests of the United States, delegates shall be 
 annually appointed, in such manner as the legislature 
 of each state shall direct, to meet in Congress on the 
 first Monday in November in every year, with a power 
 reserved to each state to recall its delegates, or any of 
 them, at any time within the year, and to send others 
 in their stead for the remainder of the year. 
 
 No state shall be represented in Congress by less 
 than two, nor more than seven members; and no per- 
 son shall be capable of being a delegate for more than 
 three years in any term of six years ; nor shall any 
 person, being a delegate, be capable of holding any 
 office under the United States, for which he or anv
 
 336 HISTORY OF THE [Nov. 15, 
 
 other for his benefit receives any salary, fees, or emo- 
 lument of any kind. 
 
 Each stale shall maintain its own delegates in any 
 meeting of the states, and while they act as members 
 of the committee of the states. 
 
 In determining questions in the United States in Con- 
 gress assembled, each state shall have one vote. 
 
 Freedom of speech and debate in Congress shall 
 not be impeached or questioned in any court or place 
 out of Congress ; and the members of Congress shall 
 be protected in their persons from arrests and impri- 
 sonments during the time of their going to and from 
 and attendance on Congress, except for treason, felo- 
 ny, or breach of the peace. 
 
 ARTICLE VI. 
 
 No state, without the consent of the United States 
 in Congress assembled, shall send any embassy to, or 
 receive any embassy from, or enter into any confe- 
 rence, agreement, alliance or treaty with any king, 
 prince or state ; nor shall any person holding any of- 
 fice of profit or trust under the United States, or any 
 of them, accept of any present, emolument, office or 
 title of any kind whatever, from any king, prince, or 
 foreign state ; nor shall the United States in Congress 
 assembled, or any of them, grant any title of nobility. 
 
 No two or more states shall enter into any treaty, 
 confederation, or alliance whatever between them, 
 without the consent of the United States in Congress 
 assembled, specifying accurately the purposes for
 
 1777.] CONFEDERATION. 337 
 
 which the same is to be entered into, and how long it 
 shall continue. 
 
 No state shall lay any imposts or duties which may 
 interfere with any stipulations in treaties entered into 
 by the United States in Congress assembled with any 
 king, prince, or state, in pursuance of any treaties al- 
 ready proposed by Congress to the courts of France 
 and Spain. 
 
 No vessels of war shall be kept in time of peace by 
 any state, except such number only as shall be deem- 
 ed necessary by the United States in Congress assem- 
 bled for the defence of such state or its trade ; nor 
 shall any body of forces be kept up by any state in 
 time of peace, except such number only as in the 
 judgment of the United States in Congress assembled 
 shall be deemed requisite to garrison the forts necessa- 
 ry for the defence of such state ; but every state shall 
 always keep up a well regulated and disciplined mili- 
 tia, sufficiently armed and accoutred, and shall pro- 
 vide and have constantly ready for use, in publick 
 stores, a due number of field pieces and tents, and a 
 proper quantity of arms, ammunition, and camp equi- 
 page. 
 
 No state shall engage in any war without the con- 
 sent of the United States in Congress assembled, un- 
 less such state be actually invaded by enemies, or shall 
 have certain advice of a resolution being formed by 
 some nation of Indians to invade such state, and the 
 danger is so imminent as not to admit of a delay till 
 the United States in Congress assembled can be con- 
 sulted ; nor shall any state grant commissions to any 
 ships or vessels of war, nor letters of marque or re* 
 vol. t. 43
 
 33S HISTORY OF THE [Nov. 15, 
 
 prisal, except it be after a declaration of war by the 
 United States in Congress assembled ; and then only 
 against the kingdom or state and the subjects thereof 
 against which war has been so declared, and under such 
 regulations as shall be established by the United 
 States in Congress assembled ; unless such state be 
 infested by pirates, in which case vessels of war may- 
 be fitted out for that occasion, and kept up so long as 
 the danger shall continue, or until the United State? 
 in Congress assembled shall determine otherwise. 
 
 ARTICLE VII. 
 
 When land forces are raised by any state for the com- 
 mon defence, all officers of or under the rank of colo- 
 nel shall be appointed by the legislature of each state 
 respectively by whom such officers shall be raised, or 
 in such manner as such state shall direct ; and all va- 
 cancies shall be filled up by the state which first made 
 the appointment. 
 
 ARTICLE VIII. 
 
 All charges of war and all other expenses that shall 
 be incurred for the common defence or general wel- 
 fare, and allowed by the United Slates in Congress as- 
 sembled, shall be defrayed out of a common treasury, 
 which shall be supplied by the several states in pro- 
 portion to the value of all land within each state grant- 
 ed to, or surveyed for any person, as such land and the 
 buildings and improvements thereon, shall be estimat- 
 ed according to such mode as the United States in
 
 1777.] CONFEDERATION. 
 
 Congress assembled shall from time to time direct ami 
 appoint. 
 
 The taxes for paying that proportion shall be laid 
 and levied by the authority and direction of the le- 
 gislatures of the several states, within the time agreed 
 upon by the United States in Congress assembled. 
 
 ARTICLE IX. 
 
 The United States in Congress assembled shall have 
 the sole and exclusive right and power — Of determin- 
 ing on peace and war, except in the cases mentioned 
 in the sixth article : Of sending and receiving ambas- 
 sadors : Entering into treaties and alliances ; provided 
 that no treaty of commerce shall be made whereby 
 the legislative power of the respective states shall bo 
 restrained from imposing such imposts and duties oil 
 foreigners as their own people are subjected to, or 
 from prohibiting the exportation or importation of any 
 species of goods or commodities whatsoever: Of esta- 
 blishing rules for deciding in all cases what captures 
 on land or water shall be legal, and in what manner 
 prizes taken by land or naval forces in the service of 
 the United States shall be divided or appropriated : Of 
 granting letters of marque and reprisal in time of 
 peace, appointing courts for the trial of piracies and 
 felonies committed on the high seas, and establishing 
 courts for receiving and determining finally appeals in 
 all cases of captures ; provided, that no member of 
 Congress shall be appointed judge of any of the said 
 courts.
 
 340 HISTORY OF THE [Nov. 15i 
 
 The United States in Congress assembled shall also 
 be the last resort, on appeal, in all disputes and diffe- 
 rences now subsisting, or that hereafter may arise, be- 
 tween two or more states concerning bouudary, juris- 
 diction, or any other cause whatever, which authority 
 shall always be exercised in the manner following : 
 
 Whenever the legislative or executive authority, or 
 lawful agent of any state in controversy with another* 
 shall present a petition to Congress, slating the matter 
 in question, and praying for a hearing, notice thereof 
 shall be given, by order of Congress, to the legisla- 
 tive or executive authority of the other state in con- 
 troversy ; and a day assigned for the appearance of 
 the parties by their lawful agents, who shall then be 
 directed to appoint by joint consent commissioners or 
 judges to constitute a court for hearing and determin- 
 ing the matter in question ; but if they cannot agree, 
 Congress shall name three persons out of each of the 
 United States, and from the list of such persons, each 
 party shall alternately strike out one, the petitioners 
 beginning, until the number shall be reduced to thir- 
 teen ; and from that number not less than seven, nor 
 more than nine names, as Congress shall direct, shall 
 in the presence of Congress be drawn out by lot; and 
 ihe persons whose names shall be so drawn, or any 
 five of them, shall be commissioners, or judges, to hear 
 and finally determine the controversy, so always as a 
 major part of the judges who shall hear the cause shall 
 agree in the determination. And if either party shall 
 neglect to attend at the day appointed, without show- 
 ing reasons which Congress shall judge sufficient, or, 
 being present, shall refuse to strike, the Congress shall
 
 1777.] CONFEDERATION. 3-11 
 
 proceed to nominate three persons out of each state ; 
 and the Secretary of Congress shall strike in behalf 
 of such party absent or refusing; and the judgment 
 and sentence of the court to be appointed in the man- 
 ner before prescribed, shall be final and conclusive. 
 And if any of the parties shall refuse to submit to the 
 authority of such court, or to appear or defend their 
 claim or cause, the court shall nevertheless proceed to 
 pronounce sentence or judgment, which shall, in like 
 manner be final and decisive, the judgment or sen- 
 tence and other proceedings being in either case trans- 
 mitted to Congress, and lodged among the acts of Con- 
 gress for the security of the parties concerned : Pro- 
 vided, that every commissioner, before he sits in 
 judgment, shall take an oath to be administered by one 
 of the judges of the supreme or superior court of the 
 state where the cause shall be tried, " well and truly 
 "to hear and determine the matter in question, ac- 
 " cording to the best of his judgment, without favour, 
 " affection, or hope of reward :" Provided, also, that 
 no state shall be deprived of territory for the benefit 
 of the United States. 
 
 All controversies concerning the private right of soil 
 claimed under different grants of two or more states, 
 whose jurisdictions as they may respect such lands and 
 the states which passed such grants are adjusted, the 
 said grants, or either of them, being at the same time 
 claimed to have originated antecedent to such settle- 
 ment of jurisdiction, shall, on the petition of either 
 party to the Congress of the United States, be finally 
 determined as near as may be in the same manner as is 
 before prescribed for deciding disputes respecting ter- 
 ritorial jurisdiction between different states.
 
 342 HISTORY OF THE 
 
 [Nov. 15, 
 
 The United States in Congress assembled shall also 
 have the sole and exclusive right and power of regu- 
 lating the alloy and value of coin struck by their own 
 authority, or by that of the respective states : Fixing 
 the standard of weights and measures throughout the 
 United States : Regulating the trade and managing all 
 affairs with the Indians, not members of any of the 
 states ; provided that the legislative right of any state 
 within its own limits be not infringed or violated : Es- 
 tablishing and regulating postoffices from one state to 
 another throughout all the United States, and exacting 
 such postage on the papers passing through the same 
 as may be requisite to defray the expenses of the said 
 office : Appointing all officers of the land forces in the 
 service of the United States, excepting regimental 
 officers: Appointing all the officers of the naval for- 
 ces, and commissioning all officers whatever in the 
 service of the United States : Making rules for the go- 
 vernment and regulation of the said land and naval 
 forces, and directing their operations. 
 
 The United States in Congress assembled shall have 
 authority to appoint a committee to sit in the recess of 
 Congress, to be denominated a committee of the 
 states, and to consist of one delegate from each 
 state; and to appoint such other committees and civil 
 officers as may be necessary for managing the gene- 
 ral affairs of the United States, under their direction : 
 To appoint one of their number to preside, provided 
 that no person be allowed to serve in the office of pre- 
 sident more than one year in any term of three years : 
 To ascertain the necessary sums of money to be raised 
 for the service of the United States, and to appropri-
 
 1777.] CONFEDERATION. 343 
 
 ate and apply the same for defraying the publick ex- 
 penses: To borrow money, or emit bills on the credit 
 of the United States, transmitting every half year to 
 the respective states an account of the sums of mo- 
 ney so borrowed or emitted : To build and equip a 
 aavy : To agree upon the number of land forces, and 
 to make requisitions from each stale for its quota, in 
 proportion to the number of white inhabitants in such 
 state, which requisition shall be binding ; and there- 
 upon the legislature of each state shall appoint the 
 regimental officers, raise the men, and clothe, arm, 
 and equip them in a soldierlike manner, at the ex- 
 pense of the United States ; and the officers and men 
 so clothed, armed, and equipped, shall march to the 
 place appointed, and within the time agreed on by the 
 United States in Congress assembled : but if the Unit- 
 ed States in Congress assembled shall, on considera- 
 tion of circumstances, judge proper that any stale 
 should not raise men, or should raise a smaller num- 
 ber than its quota, and that any other state should 
 raise a greater number of men than the quola thereof, 
 such extra number shall be raised, officered, clothed, 
 armed, and equipped, in the same manner as the quota 
 of such state, unless the legislature of such state shall 
 judge that such extra number cannot be safely spared 
 out of the same; in which case they shall raise, offi- 
 cer, clothe, arm, and equip, as many of such extra 
 number as they judge can be safely spared : and the 
 officers and men so clothed, armed and equipped, shall 
 march to the place appointed, and within the time 
 agreed on by the United States in Congress assem- 
 bled.
 
 344 HISTORY OF THE [Nov. ftf, 
 
 The United States in Congress assembled shall never 
 engage in a war ; nor grant letters of marque and re- 
 prisal in time of peace ; nor enter into any treaties, or 
 alliances ; nor coin money, nor regulate the value 
 thereof ; nor ascertain the sums and expenses necessary 
 for the defence and welfare of the United States, or 
 any of them; nor emit bills; nor borrow money on 
 the credit of the United States ; nor appropriate mo- 
 ney ; nor agree upon the number of vessels of war to 
 be built or purchased, or the number of land or sea 
 forces to be raised ; nor appoint a commander in chief 
 of the army or navy — unless nine states assent to the 
 same : nor shall a question on any other point, except 
 for adjourning from day to day, be determined, unless 
 by the votes of a majority of the United States in Con- 
 gress assembled. 
 
 The Congress of the United States shall have the 
 power to adjourn to any time within the year, and to 
 any place within the United States, so that no period 
 of adjournment be for a longer duration than the space 
 of six months ; and shall publish the journal of their 
 proceedings monthly, except such parts thereof relat- 
 ing to treaties, alliances, or military operations, as in 
 their judgment require secrecy ; and the yeas and 
 nays of the delegates of each state on any question 
 shall be entered on the journal, when it is desired by 
 any delegate ; and the delegates of a state, or any of 
 them, at his or their request, shall be furnished with a 
 transcript of the said journal, except such parts as are 
 above excepted, to lay before the legislatures of the 
 several states.
 
 1777] CONFEDERATION, 34* 
 
 ARTICLE X. 
 
 The committee of the states, or any nine of them., 
 shall be authorized to execute, in the recess of Con- 
 gress, such of the powers of Congress as the United 
 States in Congress assembled, by the consent of nine 
 states, shall from time to time think expedient to vest 
 them with : Provided, that no power be delegated to 
 the said committee for the exercise of which, by the 
 articles of confederation, the voice of nine states in 
 the Congress of the United States assembled is re- 
 quisite. 
 
 ARTICLE XI. 
 
 Canada acceding to this confederation, and joining 
 in the measures of the United States, shall be admitted 
 into and entitled to all the advantages of this union ; 
 but no other colony shall be admitted into the same, 
 unless such admission be agreed to by nine states. 
 
 ARTICLE XII. 
 
 All bills of credit emitted, moneys borrowed, and 
 debts contracted, by or under the authority of Con- 
 gress before the assembling of the United States in 
 pursuance of the present confederation, shall be deem- 
 ed and considered as a charge against the United 
 States, for payment and satisfaction whereof the said 
 United States and the publick faith are hereby solemn- 
 ly pledged. 
 
 vol. i. 44
 
 346 HISTORY OF THE [Nov. 17, 
 
 ARTICLE XIII. 
 
 Every state shall abide by the determination of the 
 United States in Congress assembled on all questions 
 which by this confederation are submitted to them. 
 And the articles of this confederation shall be inviola- 
 bly observed by every state ; and the union shall be 
 perpetual : Nor shall any alteration at any time here- 
 after be made in any of them ; unless such alteration 
 be agreed to in a Congress of the United States, and be 
 afterwards confirmed by the legislatures of every state. 
 
 These articles shall be proposed to the legislatures 
 of all the United States, to be considered ; and if ap- 
 proved of by them, they are advised to authorize their 
 delegates to ratify the same in the Congress of the 
 United States; which being done, the same shall be- 
 come conclusive. 
 
 Ordered, That the committee appointed to revise 
 and arrange the articles of confederation have three 
 hundred copies printed and lodged with the Secretary, 
 to be subject to the future orders of Congress. 
 
 MONDAY, NOVEMBER 17, 1777. 
 
 The committee, appointed to prepare a circular let- 
 ter to accompany the articles of confederation, brought 
 in the following draft : 
 
 In Congress, York Town, November 17, 1777. 
 Congress having agreed upon a plan of confede- 
 racy for securing the freedom, sovereignty, and inde-
 
 1777.] CONFEDERATION. ;n 
 
 pendeuce of the United States, authentick copies are 
 now transmitted for the consideration of the respective 
 legislatures. 
 
 This business, equally intricate and important, has 
 in its progress been attended with uncommon em- 
 barrassments and delay, which the most anxious soli- 
 citude and persevering diligence could not prevent. 
 
 To form a permanent union, accommodated to the 
 opinion and wishes of the delegates of so many states, 
 differing in habits, produce, commerce, and internal 
 police, was found to be a work which nothing but time 
 and reflection, conspiring with a disposition to conci- 
 liate, could mature and accomplish. 
 
 Hardly is it to be expected that any plan, in the va- 
 riety of provisions essential to our union, should exact- 
 ly correspond with the maxims and political views of 
 every particular stale. Let it be remarked, that after 
 the most careful enquiry, and the fullest information, 
 this is proposed as the best which could be adapted to 
 the circumstances of all, and as that alone which af- 
 fords any tolerable prospect of general ratification. 
 
 Permit us then earnestly to recommend these arti- 
 cles to the immediate and dispassionate attention of 
 the legislatures of the respective states. Let them be 
 candidly reviewed under a sense of the difficulty of 
 combining in one general system the various senti- 
 ments and interests of a continent divided into so many 
 sovereign and independent communities, under a con- 
 viction of the absolute necessity of uniting all our 
 councils and all our strength to maintain and defend 
 our common liberties. Let them be examined with a 
 liberality becoming brethren and fellow citizens stir-
 
 m HISTORY OF THE [Nov. 17, 
 
 rounded by the same imminent dangers, contending 
 for the same illustrious prize, and deeply interested in 
 being forever bound and connected together by ties the 
 most intimate and indissoluble. And finally, let them 
 be adjusted with the temper and magnanimity of wise 
 and patriotick legislators, who, while they are con- 
 cerned for the prosperity of their own more immediate 
 circle, are capable of rising superior to local attach- 
 ments when they may be incompatible with the safety, 
 happiness and glory of the general confederacy. 
 
 We have reason to regret the time which has elapsed 
 in preparing this plan for consideration. With addi- 
 tional solicitude we look forward to that which must 
 be necessarily spent before it can be ratified. Every 
 motive loudly calls upon us to hasten its conclusion. 
 
 More than any other consideration, it will confound 
 our foreign enemies, defeat the flagitious practices of 
 the disaffected, strengthen and confirm our friends, 
 support our publick credit, restore the value of out- 
 money, enable us to maintain our fleets and armies, 
 and add weight and respect to our councils at home, 
 and to our treaties abroad. 
 
 In short, this salutary measure can no longer be de- 
 ferred. It seems essential to our very existence as a 
 free people ; and without it we may soon be constrain- 
 ed to bid adieu to independence, to liberty, and safely 
 — blessings which, from the justice of our cause and 
 the favour of our Almighty Creator visibly manifested 
 in our protection, we have reason to expect, if, in an 
 humble dependence on his divine providence, we 
 strenuously exert the means which are placed in our 
 power.
 
 1777.] 
 
 CONFEDERATION. 
 
 349 
 
 To conclude, if the legislature of any state shall not 
 be assembled, Congress recommend to the executive 
 authority to convene it without delay ; and to each 
 respective legislature, it is recommeded to- invest its 
 delegates with competent powers ultimately, in the 
 name and behalf of the state, to subscribe articles of 
 confederation and perpetual union of the United States, 
 and to attend Congress for that purpose, on or before 
 the day 
 
 On motion to fill up the blanks with " first," and 
 " May next"— • 
 
 New Hampshire, Mr. Folsom, 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Lovell, 
 Mr. Dana, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 
 Mr. Marchant, 
 Mr. Ellery, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 
 Mr. Elmer, 
 
 Mr. Roberdeau, 
 Mr. Clingan, 
 
 Mr. Rumsey, 
 
 Mr. R. H. Lee, 
 Mr. F. L. Lee, 
 Mr. Harvie, 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 No.) 
 No. ' No. 
 Ay.) 
 
 No. yx 
 
 No. >No. 
 
 No.) 
 No. J 
 
 No. )>X 
 
 No.
 
 350 HISTORY OF THE [Nov. 17, 1717 
 
 South Carolina, Mr. Laurens, No. ^No. 
 Georgia, 
 
 r. Langworthy, No. ) N 
 r. Wood, No. 5 1>0 * 
 
 So it passed in the negative. 
 
 Resolved, That the first blank be filled with " tenth," 
 and the second with " March next." 
 
 It was then moved after " next," to add " if prac- 
 " ticable" — 
 
 New Hampshire, Mr. Folsom, 
 
 Massachusetts Bay, Mr. Gerry, 
 Mr. Lovell, 
 Mr. Dana, 
 
 Rhode Island, 
 Connecticut, 
 
 New York, 
 New Jersey, 
 Pennsylvania, 
 
 Maryland, 
 Virginia, 
 
 North Carolina, 
 
 Mr. Marchant, 
 Mr. Ellery, 
 
 Mr. Dyer, 
 Mr. Law, 
 Mr. Williams, 
 
 Mr. Duane, 
 
 Mr. Elmer, 
 
 Mr. Roberdeau, 
 Mr. Clingan, 
 
 Mr. Rumsey, 
 
 No ' \ No 
 No. J JNo * 
 
 No. >No.x 
 
 No. )>No. 
 
 No.) M 
 No. I No ' 
 
 No. >x 
 
 Mr. R.H.Lee, No.) 
 Mr. F. L. Lee, No. \ No. 
 Mr. Harvie, No. ) 
 
 Mr. Penn, 
 Mr. Harnett, 
 
 No. > „ 
 No. I No '
 
 May, 1778.] CONFEDERATION. 351 
 
 South Carolina, Mr. Laurens, No. ^-No. 
 
 Georgia, Mr. Langworthy, No. ) N 
 
 Mr. Wood, No. 5 iN0 * 
 
 So it passed in the negative. 
 
 The letter being agreed to, 
 
 Ordered, That thirteen copies be made out, signed 
 by the President, and forwarded to the several states, 
 with copies of the confederation. 
 
 SATURDAY, NOVEMBER 29, 1777. 
 
 Rosolved, That a committee of three be appointed 
 to procure a translation to be made of the articles of 
 confederation into the French language ; and to re- 
 port an address to the inhabitants of Canada, &c. &c. 
 
 The members chosen — Mr. Duer, Mr. Lovell, and 
 Mr. F. L. Lee. 
 
 TUESDAY, DECEMBER 2, 1777. 
 
 The committee, appointed to procure a translation 
 of the articles of confederation ; to prepare an address 
 to the inhabitants of Canada, &c, brought in a partial 
 report, which was read — 
 
 Ordered, That the consideration thereof be postpop 
 cd to Monday next. 
 
 MONDAY, MAY 18, 1778. 
 
 A letter of April 26th, from governour Caswell, ol 
 N T orth Carolina, was read, informing that the two
 
 352 HISTORY OF THE [June 22, 
 
 houses of assembly of that state have unanimously ac- 
 ceded to the confederation. 
 
 MONDAY, JUNE 22, 1778. 
 
 Congress proceeded to consider the objections of 
 the states to the articles of confederation : Whereupon 
 the delegates of Maryland read to Congress instruc- 
 tions that they had just received from their consti- 
 tuents, and moved, 
 
 That the objections from the state of Maryland to 
 the confederation be immediately taken up and consi- 
 dered by Congress, that delegates from Maryland may 
 transmit to that state, with all possible despatch, the 
 determination of Congress on those objections. 
 
 Question put, 
 
 Resolved in the affirmative. 
 
 A motion was then made in behalf of Maryland : 
 
 In Article iv. strike out the word " paupers," and 
 after the words " or either of them," insert " that 
 " one state shall not be burdened with the maintenance 
 " of the poor who may remove into it from any of the 
 " others in the union." 
 
 Question put, 
 
 Passed in the negative, one stale only answering 
 Ay. 
 
 Another amendment was moved in behalf of Mary- 
 land : 
 
 Article vm. After the words " granted to or sur- 
 " veyed for," insert " or which shall hereafter be 
 " granted to or surveyed for any person." 
 
 Question put, 

 
 1718.) 
 
 CONFEDERATION. 
 
 853 
 
 Passed in the negative. Four ayes, eight noes. 
 
 A third amendment wa3 moved in behalf of Mary- 
 land: 
 
 Article ix. After the words " shall be deprived of 
 " territory for the benefit of the United States," insert 
 " the United States in Congress assembled shall have 
 " the power to appoint commissioners, who shall be 
 " fully authorized and empowered to ascertain and re- 
 " strict the boundaries of such of the confederated 
 " states which claim to extend to the river Mississippi 
 " or South Sea." 
 
 After debate, 
 
 Resolved, That the consideration thereof be post- 
 poned till to-morrow. 
 
 TUESDAY, JUNE 23, 1778. 
 
 Congress proceeded to consider the amendment ol 
 the articles of confederation moved in behalf of Ma- 
 ryland. 
 
 On the question to agree, the ayes and nays being 
 required by Mr. Marchant — 
 
 New Hampshire, Mr. Bartlett, No. )»No. 
 
 Massachusetts Bay, Mr. Hancock, 
 Mr. S. Adams, 
 Mr. Gerry, 
 Mr. Dana, 
 Mr. Lovell, 
 Mr. Holten, 
 
 Rhode Island, 
 
 vot,, r. 
 
 Mr. Ellery, 
 Mr. Marchant, 
 Mr. Collins, 
 
 4.3
 
 354 
 
 HISTORY OF THE 
 
 [June 23. 
 
 Connecticut, 
 
 New York, 
 New Jersey, 
 
 Pennsylvania, 
 
 Delaware, 
 Maryland, 
 
 Virginia, 
 South Carolina, 
 
 Georgia, 
 
 Mr. Sherman, No.^\ 
 
 Mr. Huntington, No. I N 
 
 Mr. Hosmer, No. f^ 0, 
 
 Mr. Wolcott, No. J 
 
 Mr. Lewis, 
 Mr. G. Morris, 
 
 Ay. 
 No. 
 
 Mr. Witherspoon, Ay. 
 Mr. Elmer, Ay. 
 
 Mr. Scudder, Ay. 
 
 Divided- 
 
 Ay. 
 
 Mr. Roberdeau, Ay. } 
 Mr. James Smith, Ay. > Ay. 
 Mr. Clingan, No.) 
 
 Mr. M'Kean, 
 
 Mr. Plater, 
 Mr. Carroll, 
 
 Mr. R. H. Lee, 
 Mr. Banister, 
 Mr. T. Adams, 
 
 Mr. Laurens, 
 Mr. Drayton, 
 Mr. Matthews, 
 Mr. Hutson, 
 Mr. Heyward, 
 
 Ay. ^-Ay. 
 
 A *' I Ay 
 
 No.^ 
 No. >No. 
 No.J 
 
 No.^j 
 
 No. I 
 No. >No. 
 No. | 
 NoJ 
 
 Mr. Langworthy, No. )>No. 
 
 So it passed in the negative. 
 
 The delegates from New Hampshire, being called 
 on, informed Congress, that the state of New Hamp- 
 shire have, in their general assembly, agreed to the 
 articles of confederation as they now stand ; and have 
 empowered their delegates to ratify the same in be- 
 half of their state.
 
 1778.] CONFEDERATION. 
 
 The delegates of Massachusetts Bay, being called 
 on, read sundry objections, transmitted to them by their 
 constituents, to the articles of confederation ; and 
 thereupon moved in behalf of their state : 
 
 1. That the eighth article be reconsidered, so far 
 as relates to the criterion fixed on for settling the pro- 
 portion of taxes to be paid by each state, that an amend- 
 ment may be made, so that the rule of apportionment 
 may be varied from time to time, by Congress, until 
 experience shall have showed what rule of apportion- 
 ment will be most equal, and consequently most just. 
 
 Question put, 
 
 Passed in the negative. Two ayes, eight noes. 
 
 2. That the fifth section of the ninth article be re- 
 considered so far as relates to the rule of apportioning 
 the number of forces to be raised by each state on the 
 requisitions of Congress. 
 
 Question put, 
 
 Passed in the negative. Three ayes, seven noes. 
 
 3. That the sixth section of the ninth article be re- 
 considered so far as it makes the assent of nine states 
 necessary to exercise the powers with which Congress 
 are thereby invested. 
 
 Question put, 
 
 Passed in the negative. 
 
 The delegates for Rhode Island, being called, pro- 
 produced instructions from their constituents ; and 
 thereupon moved the following amendments : 
 
 1. In the fifth article, after the word "two," insert 
 cc members, unless by sickness, death, or any other
 
 356 HISTORY OF THE [June 23, 
 
 " unavoidable accident, but one of the members of a 
 " state can attend Congress ; in which case, such state 
 " may be represented in Congress by one member for 
 " the space of months." 
 
 Question put, 
 
 Passed in the negative. One ay, nine noes. 
 
 2. In the eighth article, after the word "appoint," 
 insert "such estimate to be taken and made once in 
 " every five years." 
 
 Question put, 
 
 Passed in the negative. Four ayes, six noes. 
 
 3. In the ninth article, at the end of the second pa- 
 ragraph, after the words u for the benefit of the Unit- 
 " ed States," add " provided nevertheless, that all 
 M lands within these states, the property of which be- 
 " fore the present war was vested in the crown of 
 " Great Britain, or out of which revenues from quit- 
 " rents arise, payable to the said crown, shall be deem- 
 " ed, taken, and considered, as the property of these 
 " United States; and be disposed of and appropriated 
 " by Congress, for the benefit of the whole confedera- 
 " cy, reserving, however, to the states within whose 
 " limits such crown lands may be, the entire and com- 
 " plele jurisdiction thereof." 
 
 Question put, 
 
 Passed in the negative. One ay, nine noes. 
 
 The delegates from Connecticut, being called on, 
 produced instructions ; and thereupon moved the fol- 
 lowing amendments :
 
 1778.] CONFEDERATION. 357 
 
 1. In the eighth article, after the words " in propor- 
 " tion to," strike out what follows to the end of the 
 sentence ; and in lieu thereof insert " the number of 
 " inhabitants in each state." 
 
 Question put, 
 
 Passed in the negative. Three ayes, nine noes. 
 
 2. In the ninth article, at the end of the fifth para- 
 graph, add the words following : " provided that no 
 " land array shall be kept up by the United States in 
 " time of peace, nor any officers or pensioners kept in 
 " pay by them who are not in actual service, except 
 " such as are, or may be rendered unable to support 
 " themselves by wounds received in battle in the ser- 
 " vice of the said states, agreeable to the provisions 
 " already made by a resolution of Congress." 
 
 Question put, 
 
 Passed in the negative. One ay, eleven noes. 
 
 The^ delegates of New York, being called on, pro- 
 duced under the great seal of their state an exemplifi- 
 cation of an act of the legislature thereof, ratifying 
 the articles of confederation as passed by Congress, 
 with a proviso, that the same shall not be binding on 
 the state until all the other states in the union ratify 
 the same. 
 
 The delegates from New Jersey, being called on, 
 laid before Congress a representation of the legisla- 
 tive council and general assembly of their state, re- 
 specting the articles of confederation. 
 
 Adjourned to ten o'clock to-morrow.
 
 358 HISTORY OF THE [June 25, 
 
 TUESDAY, JUNE 25, 1778. 
 
 THREE O'CLOCK, P. M. 
 
 Congress took into consideration the representation 
 from New Jersey, on the articles of confederation, 
 which was read as follows : 
 
 To the United States in Congress assembled. 
 
 The Representation of the Legislative Council and 
 General Assembly of the State of New Jersey, 
 showeth — 
 
 That the articles of confederation and perpetual 
 union between the states of New Hampshire, Massa- 
 chusetts Bay, Rhode Island and Providence Planta- 
 tions, Connecticut, New York, New Jersey, Pennsyl- 
 vania, Delaware, Maryland, Virginia, North Carolina, 
 South Carolina, and Georgia, proposed by the honoura- 
 ble the Congress of the said states, severally for their 
 consideration, have been by us fully and attentively 
 considered ; on which we beg leave to remark as fol- 
 lows : — 
 
 1. In the fifth article, where, among other things, 
 the qualifications of the delegates from the several 
 states are described, there is no mention of any oath, 
 test, or declaration, to be taken or made by them pre- 
 vious to their admission to seats in Congress. It is in- 
 deed to be presumed the respective states will be care*
 
 1778.} CONFEDERATION. 359 
 
 ful that the delegates they send to assist in managing 
 the general interest of the union, take the oaths to the 
 government from which they derive their authority, 
 but as the United States, collectively considered, have 
 interests, as well as each particular state, we are of 
 opinion that some test or obligation binding upon 
 each delegate while he continues in the trust, to con- 
 sult and pursue the former as well as the latter, and 
 particularly to assent to no vote or proceeding which 
 may violate the general confederation, is necessary. 
 The laws and usages of all civilized nations evince the 
 propriety of an oath on such occasions ; and the more 
 solemn and important the deposit, the more strong and 
 explicit ought the obligation to be. 
 
 2. By the sixth and ninth articles, the regulation of 
 trade seems to be committed to the several states within 
 their separate jurisdictions, in such a degree as may 
 involve many difficulties and embarrassments, and be 
 attended with injustice to some states in the union. We 
 are of opinion that the sole and exclusive power of 
 regulating the trade of the United States with foreign 
 nations ought to be clearly vested in the Congress ; 
 and that the revenue arising from all duties and cus- 
 toms imposed thereon, ought to be appropriated to the 
 building, equipping, and manning a navy for the pro- 
 tection of the trade and defence of the coasts, and to 
 such other publick and general purposes as to the Con- 
 gress shall seem proper, and for the common benefit of 
 the states. This principle appears to us to be just ; 
 and it may be added, that a great security will by this 
 means be derived to the union from the establishment 
 ef a common and mutual interest.
 
 360 HISTORY OF THE [Juno 23, 
 
 3. It is wisely provided in the sixth article, that no 
 body of forces shall be kept up by any state in time of 
 peace, except such number only as, in the judgment of 
 the United States in Congress assembled, shall be 
 deemed requisite to garrison the forts necessary for 
 the defence of such states. We think it ought also to 
 be provided and clearly expressed, that no body of 
 troops be kept up by the United States in time of peace, 
 except such number only as shall be allowed by the 
 assent of nine states. A standing army, a military es- 
 tablishment, and every appendage thereof, in time of 
 peace, is totally abhorrent from the ideas and princi- 
 ples of this state. In the memorable act of Congress 
 declaring the United Colonies free and independent 
 states, it is emphatically mentioned, as one of the causes 
 of separation from Great Britain, that the sovereign 
 thereof had kept up among us, in time of peace, stand- 
 ing armies without the consent of the legislatures. It 
 is to be wished the liberties and happiness of the peo- 
 ple may by the confederation be carefully and explicitly 
 guarded in this respect. 
 
 4. On the eighth article we observe, that as fre- 
 quent settlements of the quotas for supplies and aids 
 to be furnished by the several states in support of the 
 general treasury, will be requisite, so they ought to be 
 secured. It cannot be thought improper, or unneces- 
 sary, to have them struck once at least in every five 
 years, and oftener if circumstances will allow. The 
 quantity or value of real property in some states may 
 increase much more rapidly than in others ; and there- 
 fore the quota which is at one time just, will at another 
 be disproportionate.
 
 1778.] CONFEDERATION. 361 
 
 5. The boundaries and limits of each state ought to 
 be fully and finally fixed and made known. This we 
 apprehend would be attended with very salutary effects, 
 by preventing jealousies, as well as controversies, and 
 promoting harmony and confidence among the states. 
 If the circumstances of the times would not admit of 
 this, previous to the proposal of the confederation to 
 the several states, the establishment of the principles 
 upon which and the rule and mode by which the de- 
 termination might be conducted at a time more con- 
 venient and favourable for despatching the same at an 
 early period, not exceeding five years from the final 
 ratification of the confederation, would be satisfac- 
 tory. 
 
 G. The ninth article provides, that no state shall be 
 deprived of territory for the benefit of the United States. 
 Whether we are to understand that by territory is in- 
 tended any land, the property of which was heretofore 
 vested in the crown of Great Britain, or that no men- 
 tion of such land is made in the confederation, we are 
 constrained to observe, that the present war, as we 
 always apprehended, was undertaken for the general 
 defence and interest of the confederating colonies, now 
 the United States. It was ever the confident expecta- 
 tion of this state, that the benefits derived from a suc- 
 cessful contest were to be general and proportionate ; 
 and that the property of the common enemy, falling in 
 consequence of a prosperous issue of the war, would 
 belong to the United States, and be appropriated to 
 their use. We are therefore greatly disappointed in 
 finding no provision made in the confederation lor em- 
 powering the Congress to dispose of such property, 
 vol. i. 4fi
 
 362 HISTORY OF THE [June 25, 
 
 but especially the vacant and impatented lands, com- 
 monly called the crown lands, for defraying the ex- 
 penses of the war, and for such other publick and 
 general purposes. The jurisdiction ought in every 
 instance to belong to the respective states within the 
 charter or determined limits of which such lands may 
 be seated ; but reason and justice must decide, that the 
 property which existed in the crown of Great Britain, 
 previous to the present revolution, ought now to be- 
 long to the Congress, in trust for the use and benefit 
 of the United States. They have fought and bled for 
 it in proportion to their respective abilities; and there- 
 fore the reward ought not to be predilectionally dis- 
 tributed. Shall such states as are shut out by situa- 
 tion from availing themselves of the least advantage 
 from this quarter, be left to sink under an enormous 
 debt, whilst others are enabled, in a short period, to 
 replace all their expenditures from the hard earnings 
 of the whole confederacy? 
 
 7. The ninth article also provides that requisitions 
 for the land forces to be furnished by the several states 
 shall be proportioned to the number of white inhabi- 
 tants in each. In the act of Independence we find the 
 following declaration : "• We hold these truths to be 
 " self evident, that all men are created equal ; that 
 " they are endued by their Creator with certain una- 
 " lienable rights, among which are life, liberty, and 
 " the pursuit of happiness." Of this doctrine, it is 
 not a very remote consequence, that all the inhabi- 
 tants of every society, be the colour of their com- 
 plexion what it may, are bound to promote the interest 
 thereof, according to their respective abilities. They
 
 1778.] CONFEDERATION. 363 
 
 ought therefore to be brought into the account on this 
 occasion. But admitting necessity or expediency to 
 justify the refusal of liberty in certain circumstances to 
 persons of a peculiar colour, \vc think it unequal to 
 reckon upon such in this case. Should it be improper, 
 for special local reasons, to admit them in arms for the 
 defence of the nation; yet we conceive the propor- 
 tion of forces to be embodied ought to be fixed ac- 
 cording to the whole number of inhabitants in the state, 
 from whatever class they may be raised. II the whole 
 number of inhabitants in a state, whose inhabitants are 
 all whiles, both those who are called into the field, and 
 those who remain to till the ground and labour in the 
 mechanical arts and otherwise, are reckoned in the es- 
 timate for striking the proportion of forces to be fur- 
 nished by that state, ought even a part of the latter de- 
 scription to be left out in another ? As it is of indis- 
 pensable necessity in every war, that a part of the in- 
 habitants be employed for the uses of husbandry and 
 otherwise at home, while others are called into the 
 field, there must be the same propriety that the owners 
 of a different colour who are employed for this pur- 
 pose in one state, while whites are employed for the 
 same purpose in another, be reckoned in the account 
 of the inhabitants in the present instance. 
 
 8. In order that the quota of troops to be furnished in 
 each state on occasion of a war may be equitably as- 
 certained, we are of opinion, that the inhabitants of 
 the several states ought to be numbered as frequently 
 as the nature of the case will admit, once at least every 
 five years. The disproportioned increase in the popu-
 
 364 HISTORY OF THE [June 25, 
 
 lation of different states may render such provision ab- 
 solutely necessary. 
 
 9. It is provided in the ninth article, that the assent 
 of nine states out of the thirteen, shall be necessary to 
 determine in sundry cases of the highest concern. If 
 this proportion be proper and just, it ought to be kept 
 up, should the states increase in number, and a decla- 
 ration thereof be made for the satisfaction of the 
 union. 
 
 That we think it our indispensable duty to solicit 
 the attention of Congress to these considerations and 
 remarks, and to request that the purport and meaning 
 of them be adopted as part of the general confedera- 
 tion ; by which means we apprehend the mutual in- 
 terests of all the states will be better secured and pro- 
 moted, and that the legislature of this state will then 
 be justified in ratifying the same. 
 
 Whereupon it was moved, that the several articles 
 in the confederation referred to in the foregoing rep- 
 resentation be so far reconsidered as to admit the pur- 
 port and meaning of the additions, alterations and 
 amendments proposed in the said representation. 
 
 Question put, 
 
 Passed in the negative. Three ayes, six noes, one 
 divided. 
 
 The delegates of Pennsylvania, being called on, 
 moved the following amendments in behalf of their 
 state :
 
 1778.] CONFEDERATION. 365 
 
 1. In the first paragraph of the fifth article, dele 
 the words " for the remainder of the year." 
 
 Question put, 
 
 Passed in the negative. Two ayes, eight noes, one 
 divided. 
 
 2. That such part of the ninth article as respects the 
 post office, be altered or amended, so as that Congress 
 be obliged to lay the accounts annually before the le- 
 gislatures of the several stales. 
 
 Question put, 
 
 Passed in the negative. Two ayes, nine noes. 
 
 3. In the fifth paragraph of the ninth article, ex- 
 punge the word " white." 
 
 Question put, 
 
 Passed in the negative. Three ayes, seven noes, 
 one divided. 
 
 4. In the last section of the ninth article, after the 
 word " delegates," add " respectively." 
 
 Question put, 
 
 Passed in the negative. One ay, ten noes. 
 
 The delegates from Virginia, being called on, in- 
 formed Congress, that they are empowered to ratify, in 
 behalf of their state, the articles of confederation as 
 they now stand. 
 
 The delegates from South Carolina, being called on, 
 moved the following amendments in behalf of their 
 state : 
 
 1. In article fourth, between the words "free ioha- 
 " bitants," insert " white."
 
 
 366 HISTORY OF THE [June 25, 
 
 Passed in the negative. Two ayes, eight noes, one 
 divided. 
 
 2. In the next line after the words "these states," 
 insert " those who refuse to take up arras in defence of 
 the confederacy." 
 
 Passed in the negative. Three ayes, eight noes. 
 
 3. After the words " several states," insert " accord- 
 " ing to the law of such slates respectively for the go- 
 vernment of their own free white inhabitants." 
 
 Passed in the negative. Two ayes, eight noes, one 
 divided. 
 
 4. After the words " of which the owner is an inha- 
 bitant," insert " except in such cases of embargo." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 5. In the first paragraph of the fifth article, strike 
 out "first Monday in November," and insert " nine- 
 " teenth day of April." 
 
 Passed in the negative. One ay, nine noes, one 
 divided. 
 
 G. In the second paragraph of the fifth article sub- 
 stitute " three" in the place of " two," and " two" in 
 the place of " three," and " four" in the place of " six." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 7. In the third paragraph for " committee" read 
 " grand council." 
 
 Passed in the negative. One ay, nine noes, one 
 divided. 
 
 8. In .the first paragraph of the sixth article, for 
 " prince or state," read " prince or foreign state, ex- 
 " cept the same be upon the subject of commerce, nor 
 " then so as to interfere with any treaty or alliance
 
 1778.] CONFEDERATION. 367 
 
 "with the United State9 made or treaty proposed by 
 " Congress." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 9. In the second paragraph of the sixth article, 
 strike out "by some nation of Indians," and after the 
 words " to invade such state," insert "or upon rcqui- 
 " sition to assist a sister state, actually invaded or 
 " threatened with an invasion." 
 
 Passed in the negative. Three ayes, eight noes. 
 
 10. In the first paragraph of the seventh article, 
 strike out " of or under the rank of colonel," and af- 
 ter " shall be appointed" insert " commissioned." 
 
 Passed in the negative. Two ayes, eight noes, one 
 divided. 
 
 11. At the end of the seventh article add "The 
 " troops to be raised shall be deemed the troops of 
 " that state by which they are raised. The Congress 
 " or grand council of the states may, when they think 
 " proper, make requisition to any state for two-thirds 
 " of the troops to be raised -, which requisition shall 
 " be binding upon the said states respectively ; but the 
 " remaining third shall not be liable to be drawn out 
 " of the state in which they are raised, without the 
 " consent of the executive authority of the same. 
 " When any forces are raised, they shall be under the 
 " command of the executive authority of the state in 
 " which they are so raised, unless they be joined by 
 " troops from any other state, in which the congress or 
 " grand council of the states may appoint a general offi- 
 " cer to take the command of the whole j and until the 
 " same can be done, the command shall be in the se- 
 ■' nior officer present, who shall be amenable for hi-
 
 363 HISTORY OF THE [June 25, 
 
 " conduct to the executive authority of the state in 
 " which the troops are, and shall be liable to be sus- 
 " pended thereby. The expenses of the troops so to 
 "be raised shall be defrayed by the state to which 
 " they belong ; but when called into service by the 
 " United States, they shall be fed and paid at the ex- 
 " pense of the United States." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 12. In the first line of the eighth article strike out 
 " charges of war ana all other." 
 
 Passed in the negative. Two ayes, eight noes, one 
 divided. 
 
 13. In the same article strike out "according to 
 "such mode as the United States in Congress assem- 
 '•' bled shall from time to time direct and appoint ;" 
 and instead "and improvements thereon shall be esti- 
 " mated," read " and improvements thereon shall, by 
 " periods of years not exceeding ten, as often as may 
 " be required by Congress, be generally estimated by 
 " persons to be appointed by the legislatures of the 
 "respective states to value the same upon oath." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 14. In the first paragraph of article ninth, strike out 
 •'appointing courts for the trial of piracies and felo- 
 " nies committed on the high seas," and in lieu thereof 
 insert ' l declaring what acts committed on the high seas 
 ic shall be deemed piracies or felonies." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 15. In the second paragraph of the ninth article, 
 for " be the last resort on appeal," read " decide and 
 t; determine." and strike out all that relates to the mode
 
 1778.] CONFEDERATION. 369 
 
 of settling differences between states and controver- 
 sies concerning private right of soil. 
 
 Passed in the negative. Two ayes, nine noes. 
 
 16. In the fifth paragraph of the ninth article, after 
 the words " in any term" strike out " three," and in- 
 sert " two." 
 
 Passed in the negative. Three ayes, seven noes, 
 one divided. 
 
 17. In the sixth paragraph of the ninth article, for 
 " unless nine states," read " unless eleven states." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 18. At the end of the same paragraph, strike out 
 the words st in Congress assembled." 
 
 Passed in the negative. One ay, ten noes. 
 
 19. In the last paragraph of the ninth article, after 
 the words " and the yeas and nays of the delegates of 
 each state on," for "any" read " every," and strike 
 out the words " when it is desired by any delegate." 
 
 Passed in the negative. Two ayes, nine noes. 
 
 20. In the same sentence, strike out " a state or," 
 and also " at his or their request," and after the words 
 " and the" insert " respective states or the," and after 
 i! shall," insert " upon requisition." 
 
 Passed in the negative. One ay, ten noes. 
 
 21. Amend the last clause of the thirteenth article, 
 so as to read " unless such alteration be agreed to by 
 " eleven of the UnitecTSUiies in Congress assembled, 
 " and be afterwards confirmed by the legislatures of 
 :; eleven of the United States." 
 
 Passed in the negative. Three ayc=;. six noe*. 'wo 
 divided. 
 
 vol. i. 47
 
 370 HISTORY OF THE [June 26, 
 
 The delegate from Georgia, being called on, inform- 
 ed Congress that he has not yet received any instruc- 
 tions or orders from his constituents respecting the 
 articles of confederation ; but that his state having 
 shown so much readiness to ratify them, even in an 
 imperfect state, and it being so much for their interest 
 that the confederation should be ratified, he had no 
 doubt of their agreeing to the articles as they now 
 stand. 
 
 Delaware and North Carolina, not having delegates 
 present in Congress, no report was received from them, 
 saving what is contained in Governour Caswell's letter 
 informing that the legislature of North Carolina have 
 agreed to the articles of confederation. 
 
 Ordered, That a committee of three be appointed 
 to prepare the form of a ratification of the articles of 
 confederation. 
 
 The members chosen, Mr. R. H. Lee, Mr. G. Mor- 
 ris, and Mr. Dana. 
 
 Adjourned to 10 o'clock to-morrow, 
 
 FRIDAY, JUNE 26, 1778. 
 
 The committee appointed to prepare the form of a 
 ratification of the articles of confederation brought in 
 a draft, which was agreed to as follows :
 
 
 1778.] CONFEDERATION. 
 
 To all to whom these presents shall come. 
 
 We the delegates of the states affixed to our name- 
 send greeting. 
 
 Whereas the delegates of the United Stales of Ame- 
 rica in Congress assembled did, on the fifteenth day o! 
 November, in the year of our Lord one thousand se 
 ven hundred and seventy-seven, and in the second 
 year of the independence of America, agree to cer- 
 tain articles of confederation and perpetual union be- 
 tween the states of New Hampshire, Massachusetts 
 Bay, Rhode Island and Providence Plantations, Con- 
 necticut, New York, New Jersey, Pennsylvania, De- 
 laware, Maryland, Virginia, North Carolina, South 
 Carolina, and Georgia, in the words following, namely. 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION 
 
 BETWEEN THE STATES OF 
 
 New Hampshire, Pennsylvania, 
 
 Massachusetts Bay, Delaware, 
 
 Rhode Island and Maryland, 
 
 Providence Plantations, Virginia, 
 
 Connecticut, North Carolina, 
 
 New York, South Carolina, and 
 
 New Jersey. Georgia.
 
 372 HISTORY OF THE [June 26, 
 
 ARTICLE I. 
 
 The style of this confederacy shall be, the united 
 
 STATES OF AMERICA. 
 
 ARTICLE II. 
 
 Each state retains its sovereignty, freedom and in- 
 dependence, and every power, jurisdiction and right, 
 which is not by this confederation expressly delegated 
 to the United States in Congress assembled. 
 
 ARTICLE in. 
 
 The said states hereby severally enter into a firm 
 league of friendship with each other, for their common 
 defence, the security of their liberties, and their mutual 
 and general welfare ; binding themselves to assist 
 each other, against all force offered to, or attacks made 
 upon them, or any of them, on account of religion, so- 
 vereignty, trade, or any other pretence whatever. 
 
 ARTICLE IV. 
 
 The belter to secure and perpetuate mutual friend- 
 ship and intercourse among the people of the differ- 
 ent states in this union, the free inhabitants of each of 
 these states, paupers, vagabonds and fugitives from 
 justice excepted, shall be entitled to all privileges and 
 immunities of free citizens in the several states; and 
 the people of each state shall have free ingress and 
 regress to and from any other state ; and shall enjoy
 
 1778.] CONFEDERATION. 
 
 therein all the privileges of trade and commerce, 
 subject to the same duties, impositions and restric- 
 tions as the inhabitants thereof respectively ; provid- 
 ed, that such restriction shall not extend so far as 
 to prevent the removal of properly imported into any 
 state, to any other state of which the owner is an in- 
 habitant; provided also, that no imposition, duties or 
 restriction shall be laid by any state, on the propcrtv 
 of the United States, or either of them. 
 
 If any person guilty of or charged with treason, 
 felony, or other high misdemeanor, in any state, shall 
 flee from justice, and be found in any of the United 
 States, he shall, upon demand of the governour or exe- 
 cutive power of the state from which he fled, be deli- 
 vered up and removed to the state having jurisdiction 
 of his offence. 
 
 Full faith and credit shall be given in each of these 
 states to the records, acis and judicial proceedings of 
 the courts and magistrates of every other slate. 
 
 ARTICLE V. 
 
 For the more convenient management of the gene- 
 ral interests of the United States, delegates shall be 
 annually appointed in such manner as the legislature 
 of each state shall direct, to meet in Congress on the 
 first Monday in November, in every year, with a power 
 reserved to each state to recall its delegates, or any of 
 them, at any time within the year, and send others in 
 their stead for the remainder of the year. 
 
 No state shall be represented in Congress, by less 
 than two, nor by more than seven members: and no
 
 374 HISTORY OF THE [June 26, 
 
 person shall be capable of being a delegate for more 
 than three years in any term of six years; nor shall 
 any person, being a delegate, be capable of holding 
 any office under the United States, for which he, or 
 another for his benefit, receives any salary, fees, or 
 emolument of any kind. 
 
 Each slate shall maintain its own delegates in a 
 meeting of the states, and while they act as members 
 of the committee of the states. 
 
 In determining questions in the United States in 
 Congress assembled, each state shall have one vote. 
 
 Freedom of speech and debate in Congress shall 
 not be impeached or questioned in any court, or place 
 out of Congress; and the members of Congress shall 
 be protected in their persons from arrests and impri- 
 sonment, during the time of their going to and from, 
 and attendance on Congress, except for treason, felo- 
 ny, or breach of the peace. 
 
 ARTICLE VI. 
 
 No state, without the consent of the United Slates 
 in Congress assembled, shall send any embassy to, or 
 receive any embassy from, or enter into any confer- 
 rence, agreement, alliance, or treaty with any king, 
 prince, or state ; nor shall any person holding any 
 office of profit or trust under the United Slates, or any 
 of them, accept of any present, emolument, office, or 
 title of any kind whatever, from any king, prince, or 
 foreign state ; nor shall the United States in Congress 
 assembled, or any of them, grant any title of no- 
 bility.
 
 1778.] CONFEDERATION. 27., 
 
 No two or more states shall enter into any treaty, 
 confederation, or alliance whatever between them, 
 without the consent of the United States in CongreM 
 assembled, specifying accurately the purposes for 
 which the same is to he entered into, and how long il 
 shall continue. 
 
 No state shall lay any imposts or duties which may 
 interfere with any stipulations in treaties entered into, 
 by the United States in Congress assembled, with any 
 king, prince, or state, in pursuance of any treaties al- 
 ready proposed by Congress to the courts of France 
 and Spain. 
 
 No vessels of war shall be kept up, in time of peace, 
 by any state, except such number only as shall be 
 deemed necessary by the United States in Congress 
 assembled, for the defence of such state, or its trade ; 
 nor shall any body of forces be kept up by any state, 
 in time of peace, except such number only as in the 
 judgment of the United States in Congress assembled 
 shall be deemed requisite to garrison the forts neces- 
 sary for the defence of such state : but every state 
 shall always keep up a well regulated and disciplined 
 militia, sufficiently armed and accoutred; and shall 
 provide and constantly have ready for use, in publick 
 stores, a due number of field pieces and tents, and a 
 proper quantity of arms, ammunition and camp equi- 
 page. 
 
 No state shall engage in any war, without the con- 
 sent of the United States in Congress assembled, un- 
 less such state be actually invaded by enemies, or 
 shall have received certain advice of a resolution be 
 ing formed by some nation of Indians to invade suck
 
 376 HISTORY OF THE [June 26, 
 
 state, and the danger is so imminent as not to admit 
 of a delay, till the United States in Congress assem- 
 bled can be consulted : nor shall any state grant com- 
 missions to any ship or vessels of war, nor letters of 
 marque or reprisal, except it be after a declaration of 
 war by the United States in Congress assembled ; and 
 then only against the kingdom or state, and the sub- 
 jects thereof, against which war has been so declared, 
 and under such regulations as shall be established by 
 the United States in Congress assembled ; unless such 
 state be infested by pirates, in which vessels of war 
 may be fitted out for that occasion, and kept so long 
 as the danger shall continue, or until the United Slates 
 in Congress assembled shall determine otherwise. 
 
 ARTICLE VII. 
 
 When land forces are raised by any state for the 
 common defence, all officers of or under the rank of 
 colonel, shall be appointed by the legislature of each 
 state respectively by whom such forces shall be raised, 
 or in such manner as such state shall direct; and all 
 vacancies shall be filled up by the state which first 
 made the appointment. 
 
 ARTICLE VIII. 
 
 All charges of war, and ail other expenses that shall 
 be incurred for the common defence, or general wel- 
 fare, and allowed by the United States in Congress 
 assembled, shall be defrayed out of a common treasu- 
 ry, which shall be supplied by the several states in
 
 1778.] CONFEDERATION. 377 
 
 proportion to the value of all land within each state, 
 granted to, or surveyed for, any person, as such land 
 and the buildings and improvements thereon shall be 
 estimated, according to such mode as the United States 
 in Congress assembled shall, from lime to time, direct 
 and appoint. The taxes for paying that proportion 
 shall be laid and levied by the authority and direction 
 of the legislatures of the several states, within the 
 time agreed upon by the United States in Congress 
 assembled. 
 
 ARTICLE IX. 
 
 The United States in Congress assembled shall have 
 the sole and exclusive right and power of determin- 
 ing on peace and war, except in the cases mentioned 
 in the sixth article : Of sending and receiving ambas- 
 sadors : Entering into treaties and alliances; provided 
 that no treaty of commerce shall be made whereby 
 the legislative power of the respective states shall be 
 restrained from imposing such imposts and duties on 
 foreigners as their own people are subjected to, or 
 from prohibiting the exportation or importation of any 
 species of goods or commodities whatever : Of esta- 
 blishing rules for deciding in all cases what captures 
 on land or water shall be legal ; and in what manner 
 prizes taken by land or naval forces in the service of 
 the United States shall be divided or appropriated : 
 Of granting letters of marque and reprisal in times of 
 peace: Appointing courts for the trial of piracies and 
 felonies committed on the high seas; and establishing 
 courts for receiving and determining finally appeals in 
 vol. i. 48
 
 37« HISTORY OF THE [June 26, 
 
 all cases of captures; provided, that no member of 
 Congress shall be appointed a judge of any of the said 
 courts. 
 
 The United States in Congress assembled shall also 
 be the last resort, on appeal, in all disputes and diffe- 
 rences now subsisting, or that hereafter may arise, be- 
 tween two or more states concerning boundary, juris- 
 diction, or any other cause whatever; which authority 
 shall always be exercised in the manner following: — 
 Whenever the legislative or executive authority or 
 lawful agent of any state in controversy with another 
 shall present a petition to Congress, stating the matter 
 in question, and praying for a hearing, notice thereof 
 shall be given by order of Congress to the legislative 
 or executive authority of the other state in controver- 
 sy ; and a day assigned for the appearance of the par- 
 ties by their lawful agents, who shall then be directed 
 to appoint, by joint consent, commissioners or judges 
 to constitute a court for hearing and determining the 
 matter in question : but if they cannot agree, Congress 
 shall name three persons out of each of the United 
 Slates ; and from the list of such persons, each party 
 shall alternately strike out one, the petitioners begin- 
 ning, until the number shall be reduced to thirteen ; 
 and from that number, not less than seven nor more 
 than nine names, as Congress shall direct, shall in the 
 presence of Congress be drawn out by lot; and the 
 persons whose names shall be so drawn, or any five of 
 them, shall be commissioners or judges to hear and 
 finally determine the controversy, so always as a major 
 part of the judges who shall hear the cause, shall 
 agree in the determination. And if either party shall
 
 1778.] CONFEDERATION. 
 
 neglect to attend at the day appointed, without show- 
 ing reasons which Congress shall judge sufficient, or 
 being present shall refuse to strike, the Congress shall 
 proceed to nominate three persons out of each state ; 
 and the Secretary of Congress shall strike in behalf ol 
 such party absent or refusing; and the judgment and 
 sentence of the court to be appointed in the manner 
 before prescribed shall be final and conclusive. And 
 if any of the parties shall refuse to submit to the au- 
 thority of such court, or to appear, or defend their 
 claim or cause, the court shall nevertheless proceed to 
 pronounce sentence, or judgment, which shall in like 
 manner be final and decisive ; the judgment, or sen- 
 tence and other proceedings being in either case trans- 
 mitted to Congress, and lodged among the acts of Con- 
 gress for the security of the parties concerned : Pro- 
 vided, that every commissioner, before he sits in 
 judgment, shall take an oath to be administered by 
 one of the judges of the supreme or superior court of 
 the state where the cause shall be tried, " Well and 
 " truly to hear and determine the matter in question, 
 •' according to the best of his judgment, without fa- 
 " vour, affection, or hope of reward :" Provided also, 
 that no state shall be deprived of territory for the 
 benefit of the United States. 
 
 All controversies concerning the private right of soil 
 claimed under different grants of two or more states, 
 whose jurisdictions as they may respect such lands 
 and the states which passed such grants are adjusted. 
 the said grants, or either of them, being at the same 
 time claimed to have originated antecedent to such 
 settlement of jurisdiction, shall, on the peiition o'
 
 380 HISTORY OF THE [June 26 
 
 cither party to the Congress of the United States, be 
 finally determined as near as may be in the same man- 
 ner as is before prescribed for deciding disputes 
 respecting territorial jurisdiction between different 
 stales. 
 
 The United States in Congress assembled shall also 
 have the sole and exclusive right and power of regu- 
 lating the alloy and value of coin struck by their own 
 authority, Or by that of the respective states: Fixing 
 the standard of weights and measures throughout the 
 United States : Regulating the trade and managing all 
 affairs with the Indians, not members of any of the 
 states ; provided that the legislative right of any state 
 within its own limits be not infringed cr violated : Es- 
 tablishing and regulating postoffices from one state to 
 another, throughout all the United States, and exacting 
 such postage on the papers passing through the same 
 as may be requisite to defray the expenses of the said 
 office: Appointing all officers of the land forces in the 
 service of the United States, excepting regimental 
 officers : Appointing all the officers of the naval for- 
 ces, and commissioning all officers whatever in the 
 service of the United States : Making rules for the 
 government and regulation of the land and naval for- 
 ces, and directing their operations. 
 
 The United States in Congress assembled shall have 
 authority to appoint a committee to sit in the recess of 
 Congress, to be denominated a committee op the 
 states, and to consist of one delegate from each 
 state ; and to appoint such other committees and civil 
 officers as may be necessary for managing the general 
 affairs of the United States under their direction : To
 
 1778.] CONFEDERATION. 381 
 
 appoint one of their number to preside; provided, 
 that no person be allowed to serve in the office of Pre- 
 sident more than one year in any term of three years : 
 To ascertain the necessary sums of money to be raised 
 for the service of the United States, and to appropri- 
 ate and apply the same for defraying the publick ex- 
 penses: To borrow money, or emit bills on the credit 
 of the United States, transmitting every half year to 
 the respective states an account of the sums of money 
 so borrowed or emitted : To build and equip a navy : 
 To agree upon the number of land forces, and to make 
 requisitions from each state for its quota, in proportion 
 to the number of white inhabitants in such state, which 
 requisition shall be binding ; and thereupon the legis- 
 lature of each state shall appoint the regimental offi- 
 cers, raise the men, and clothe, arm, and equip them, 
 in a soldierlike manner, at the expense of the United 
 States ; and the officers and men so clothed, armed 
 and equipped, shall march to the place appointed, and 
 within the time agreed on by the United States in 
 Congress assembled : but if the United States in Con- 
 gress assembled, shall, on consideration of circum- 
 stances, judge proper that any state should not raise 
 men, or should raise a smaller number than its quota, 
 and that any other state should raise a greater number 
 of men than its quota thereof, such extra number shall 
 be raised, officered, clothed, armed and equipped, in 
 the same manner as the quota of such state ; unless 
 the legislature of such state shall judge that such ex- 
 tra number cannot be safely spared out of the same ; 
 in which case they shall raise, officer, clothe, arm and 
 equip as many of such extra number as they judge can
 
 382 HISTORY OF THE [June 2b, 
 
 be safely spared : and the officers and men so cloth- 
 ed, armed and equipped, shall march to the place ap- 
 pointed, and within the time agreed on by the United 
 States in Congress assembled. 
 
 The United States in Congress assembled shall ne- 
 ver engage in a war; nor grant letters of marque and 
 reprisal in time of peace ; nor enter into any treaties 
 or alliances ; nor coin money ; nor regulate the value 
 thereof; nor ascertain the sums and expenses necessa- 
 ry for the defence and welfare of the United States, 
 or any of them ; nor emit bills ; nor borrow money on 
 the credit of the United States ; nor appropriate mo- 
 ney ; nor agree upon the number of vessels of war to 
 be built or purchased, or the number of land or sea 
 forces to be raised ; nor appoint a commander in chief 
 of the army or navy — unless nine states assent to the 
 same : nor shall a question on any other point, except 
 for adjourning from day to day, be determined, unless 
 by the votes of a majority of the United States in 
 Congress assembled. 
 
 The Congress of the United States shall have power 
 to adjourn to any time within the year, and to any 
 place within the United States, so that no period of 
 adjournment be for a longer duration than the space of 
 six months ; and shall publish the journal of their pro- 
 ceedings monthly, except such parts thereof relating 
 to treaties, alliances, or military operations, as in their 
 judgment require secrecy; and the yeas and nays of 
 the delegates of each state on any question shall be 
 entered on the journal, when it is desired by any dele- 
 gate ; and the delegates of a state, or any of them, 
 at his or their request, shall be furnished with a tran-
 
 
 1778.] CONFEDERATION, 3153 
 
 script of the said journal, except such parts as are 
 above excepted, to lay before the legislatures of the 
 several states. 
 
 article x. 
 
 The committee of the states, or any nine of them, 
 shall be authorized to execute, in the recess of Con- 
 gress, such of the powers of Congress as the United 
 States in Congress assembled, by the consent of nine 
 states, shall, from time to time, think expedient to vest 
 them with ; provided, that no power be delegated to 
 the said committee, for the exercise of which, by the 
 articles of confederation, the voice of nine states in 
 the Congress of the United States assembled is requi- 
 site. 
 
 ARTICLE XI. 
 
 Canada acceding to this confederation, and joining 
 in the measures of the United States, shall be admitted 
 into and entitled to all the advantages of this union. 
 But no other colony shall be admitted into the same, 
 unless such admission be agreed to by nine states. 
 
 ARTICLE XII. 
 
 All bills of credit emitted, moneys borrowed, and 
 debts contracted, by or under the authority of Con- 
 gress, before the assembling of the United States in 
 pursuance of the present confederation, shall be deem- 
 ed and considered as a charge against the United
 
 384 HISTORY OF THE [June 26, 
 
 States, for payment and satisfaction whereof the said 
 United States and the publick faith are hereby so- 
 lemnly pledged. 
 
 ARTICLE XIII. 
 
 Every state shall abide by the determinations of the 
 United States in Congress assembled, on all questions 
 which by this confederation are submitted to them. 
 And the articles of this confederation shall be inviola- 
 bly observed by every state ; and the union shall be 
 perpetual. Nor shall any alteration at any time here- 
 after be made in any of them, unless such alteration 
 be agreed to in a Congress of the United States, and 
 be afterwards confirmed by the legislatures of every 
 state. 
 
 Which articles were by Congress proposed to the 
 legislatures of all the United States, to be considered ; 
 and if approved of by them, they were advised to au- 
 thorize their delegates to ratify the same in the Con- 
 gress of the United States. 
 
 And whereas it hath pleased the great Governour of 
 the world to incline the hearts of the legislatures we 
 respectively represent in Congress to approve of, and 
 to authorize us to ratify the said articles of confedera- 
 tion and perpetual union : 
 
 Know ye, That we the undersigned delegates, by 
 virtue of the power and authority to us given for 
 that purpose, do by these presents, in the name 
 and in behalf of our respective constituents, fully and 
 entirely ratify and confirm each and every of the
 
 1778.] CONFEDERATION. 385 
 
 said articles of confederation and perpetual union, 
 and all and singular the matters and things therein 
 contained. And wc do further solemnly plight and 
 engage the faith of our respective constituents, that they 
 shall abide by the determinations of the United Stales 
 in Congress assembled, on all questions which by the 
 said confederation are submitted to them ; and that the 
 articles thereof shall be inviolably observed by the 
 states we respectively represent ; and that the union 
 shall be perpetual. 
 
 In witness whereof, we have hereunto set our hands, 
 this day of in the year of our 
 
 Lord one thousand seven hundred and seventy- 
 eight, and in the year of the Indepen- 
 dence of the United States of America. 
 
 SATURDAY, JUNE 27, 1778. 
 
 The engrossed copy of the articles of confederation, 
 with the ratification agreed to, was laid before Con- 
 gress ; and the same upon examination being found in- 
 correct — 
 
 Ordered, That another copy be made, and laid before 
 Congress on or before the 4th of July next; and that 
 the delegates of the respective states lodge with the 
 Secretary their powers for ratifying the same. 
 
 vor,. i. 40
 
 386 HISTORY OF THE [June 27, 
 
 POWERS OF THE STATES 
 
 TO THEIR DELEGATES TO RATIFY THE ARTICLES OF 
 CONFEDERATION. 
 
 STATE OF NEW HAMPSHIRE. 
 
 In the House of Representatives, March 4, 1778. 
 The house took into consideration the thirteen arti- 
 cles of confederation and perpetual union between the 
 thirteen United States of America, as agreed to by the 
 honourable Congress of said states, and came to the 
 following resolutions thereon, namely, 
 
 Resolved, That we do agree to the said articles of 
 confederation, perpetual union, &c. &c. and do, for 
 ourselves and constituents, engage that the same shall 
 be inviolably observed by this state. And the dele- 
 gates of this slate for the time being, at the Congress 
 aforesaid, are hereby empowered and instructed to ra- 
 tify the same in behalf of this state. 
 
 Sent up for concurrence. 
 JOHN DUDLEY, Speaker pro-tem. 
 In Council, the same day, read and concurred. 
 E. Thompson, Secretary. 
 Copy attest. 
 
 MESHECH WE ARE, President.
 
 1778.] CONFEDERATION 
 
 MASSACHUSETTS. 
 
 Council Chamber, Boston, March 10, 1778. 
 The general court of the state of Massachusetts 
 Bay, having attentively considered the articles of con- 
 federation and perpetual union between the United 
 States of America, recommended to our attention by 
 the honourable the Congress, do approve of them in 
 general as well calculated to secure the freedom, so- 
 vereignty and independence of the United States. 
 Perhaps no plan could have been proposed better 
 adapted to the circumstances of all : We, therefore, 
 the council and house of representatives of this state 
 in general court assembled, do, in the name and behalf 
 of the good people of this state, instruct you their de- 
 legates to subscribe said articles of confederation and 
 perpetual union, as they were recommended by Con- 
 gress, unless the following alterations, or such as may 
 be proposed by the other states can be received and 
 adopted without endangering the union proposed. 
 
 In the name and behalf of the general assembly. 
 
 JEREMIAH POWELL, President. 
 
 To the Delegates of the State of Massachusetts I>a> 
 in Congress.
 
 HISTORY OF THE [June 27, 
 
 RHODE ISLAND AND PROVIDENCE PLANTATIONS. 
 
 By His Excellency, Nicholas Cook, Esquire, Governour, Captain 
 General and Commander in Chief in and over the State of Rhode 
 Island and Providence Plantations. 
 
 Be it known that Henry Ward, esquire, who hath 
 under his hand certified that the annexed copy pur- 
 porting an act of the general assembly of the state 
 aforesaid, empowering the delegates of the said state 
 in Congress to accede to and sign the articles of con- 
 federation and perpetual union between the thirteen 
 United States, is a true copy, is Secretary of the said 
 state, duly elected and engaged according to law : 
 Wherefore unto his certificate of that matter full faith 
 and absolute credit is and ought to be universally ren- 
 dered. 
 
 Given under my hand, and the seal of the said 
 state, at Providence, this eighteenth day of Feb- 
 ruary, in the year of our Lord one thousand se- 
 ven hundred and seventy-eight. 
 
 [l. s.] NICHOLAS COOKE. 
 
 By His Excellency's Command. 
 
 HENRY WARD, Secretary. 
 
 At the general assembly of the governour and compa- 
 ny of the state of Rhode Island and Providence Plan- 
 tations, begun and holden by adjournment at East
 
 1778.] CONFEDERATION. 389 
 
 Greenwich, within and for the state aforesaid, on the 
 second Monday in February, in the year of our Lord 
 one thousand seven hundred and seventy-eight. 
 This assembly having taken into consideration the 
 articles of confederation and perpetual union between 
 the states of New Hampshire, Massachusetts Bay, 
 Rhode Island and Providence Plantations, Connecti- 
 cut, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, North Carolina, South Carolina, 
 and Georgia, transmitted by Congress to this state ; 
 and having had them repeatedly read ; and having 
 maturely weighed, and most seriously deliberated upon 
 them, as their importance to this and the other states 
 and to posterity deserves ; and considering also the 
 pressing necessity of completing the union as a mea- 
 sure essential to the preservation of the independence 
 and safety of the said states — 
 
 Do vote and resolve, and it is voted and resolved. 
 That the honourable Stephen Hopkins, esquire, Wil- 
 liam Ellery, esquire, and Henry Marchant, esquire, the 
 delegates to represent this state in Congress, or any 
 one of them, be, and they are hereby fully authorized 
 and empowered, on the part and behalf of this state, 
 to accede to and sign the said articles of confederation 
 and perpetual union, in such solemn form and manner 
 as Congress shall think best adapted to a transaction 
 so important to the present and future generations : 
 Provided that the same be acceded to by eight of the 
 other states. And in case any alterations in, or addi- 
 tions to, the said articles of confederation and perpe- 
 tual union shall be made by nine of the said states in 
 Congress assembled, that the said delegates, or any
 
 390 HISTORY OP THE [June 2T, 
 
 one of them, be, and they are hereby authorized and 
 empowered, in like manner to accede to and sign the 
 said articles of confederation and perpetual union, 
 with the alterations and additions that shall be so 
 made. 
 
 It is further voted and resolved, That this assem- 
 bly will and do hereby, in behalf of the said state of 
 Rhode Island and Providence Plantations, in the most 
 solemn manner, pledge the faith of the said state to 
 hold and consider the acts of the said delegates, or 
 any one of them, in so acceding to and signing the 
 said articles of confederation and perpetual union, as 
 valid and binding upon the said state in all future 
 time. 
 
 And it is further voted and resolved, That a fair 
 copy of this act be made and authenticated under the 
 publick seal of this state, with the signature of his ex- 
 cellency the governour, and be transmitted to the dele- 
 gates; and that the same shall be sufficient warrant 
 and authority to the said delegates, or any one of them, 
 for the purposes aforesaid. 
 
 A true copy duly examined. 
 
 Witness. 
 
 Henry Ward, Secretary. 
 
 CONNECTICUT. 
 
 U a general assembly of the governour and compa- 
 ny of the state of Connecticut, holden at Hartford,
 
 
 1778.] CONFEDERATION. :yj\ 
 
 by adjournment, on the twelfth day of February, 
 
 1778. 
 
 The articles of confederation and perpetual union 
 proposed by Congress to be entered into by the thir- 
 teen United States of America, being laid before this 
 assembly by his excellency the govcrnour, were read 
 and mutually considered : Whereupon, 
 
 Resolved, That the delegates of this state, who shall 
 be present in Congress, be, and they are hereby fully 
 authorized and empowered, in behalf of this state, to 
 agree to, and ratify the said articles of confederation 
 with such amendments, if any be, as by them, in con- 
 junction of the delegates of the other states in Congress 
 shall be thought proper. 
 
 A true copy of record. 
 
 Examined by 
 
 GEORGE WYLLYS, Secretary. 
 
 NEW YORK. 
 
 The people of the State of New York, one of the 
 United States of America, by the grace of God free 
 and independent, to their brethren of the other of 
 the said States in Congress assembled, and to all 
 others who shall see these our letters patent, send 
 Greeting : 
 
 Know ye, That among the acts of our senate and 
 assembly of our said state we have inspected a certain
 
 392 HISTORY OF THE [J une tf, 
 
 act of the said senate and assembly, the tenor whereof 
 is as follows, to wit : 
 
 " An act of accession to and approbation of certain 
 " proposed articles of confederation and perpetual 
 " union between the United States of America, and to 
 " authorize the delegates of the state of New York to 
 " ratify the same on the part and behalf of this state in 
 " the Congress of the said United States. 
 
 " Whereas the freedom, sovereignty and indepen- 
 " dence of the said states, which with a magnanimity, 
 " fortitude, constancy and love of liberty, hitherto un- 
 " paralleled, they have asserted and maintained against 
 " their cruel and unrelenting enemies, the king and 
 " parliament of the realm of Great Britain, will, for 
 " their lasting and unshaken security in a great mea- 
 " sure depend, under God, on a wise and well concert- 
 " ed, intimate and equal confederation of the United 
 " States : 
 
 " And whereas the honourable the Congress of the 
 " said United States have transmitted, for the consi- 
 " deration of the legislature of this state, and for rati- 
 " fication, in case they should approve of the same, 
 "the following articles of confederation, to wit: 
 [Here the articles are recited verbatim.] 
 
 " And whereas the senate and assembly of this state 
 " of New York in legislature convened, have separately 
 " taken the said articles of confederation into their re- 
 " spective, most deliberate, and mature consideration, 
 " and by their several and respective resolutions, de- 
 " liberately made and entered into for the purpose. 
 " have fully and entirely approved of the same. In 
 " order, therefore, that such approval may be pub-
 
 1778.] CONFEDERATION. 393 
 
 " lished, and made known to the whole world, with all 
 "the solemnities of law; and that all the subjects of 
 " this state and others inhabiting and residing therein 
 " from time to time, and at all limes thereafter, as 
 " long as the said confederation shall subsist and en- 
 " dure, may be bound by and held to the due obser- 
 " vance of the said articles of confederation as a law 
 " of this state, if the same shall be duly ratified by all 
 " the said United States in Congress assembled : 
 
 " Be it enacted and declared by the people of the 
 " state of New York, represented in the senate and 
 " assembly, and it is hereby enacted by the authority 
 " of the same, That the said several above recited ar- 
 " tides of confederation, and all and singular the 
 " clauses, matters and things in the same contained, be 
 " and the same are hereby fully accepted, received, 
 " and approved of, for and in behalf of the people of 
 " this state. 
 
 " And to the end that the same may, with all due 
 " form and solemnity be ratified and confirmed by this 
 " state in Congress, 
 
 " Be it further enacted by the authority aforesaid, 
 " That the delegates of this state in the said Congress 
 " of the United States of America, or any two of the 
 " said delegates, shall be, and hereby are fully autho- 
 " rized, empowered and required wholly, entirely and 
 " absolutely, for and in behalf of the people of this 
 •' state, and in such manner under such formalities as 
 11 shall be determined in Congress, to ratify and con- 
 " firm all and every of the said above recited articles 
 " of confederation, and all and singular the clauses, 
 " matters and things in the same contained ; and that 
 
 VOL. I. 50
 
 394 HISTORY OF THE [June 27, 
 
 " an exemplification of this act, tested by his excel- 
 " lency thp governour or the lieutenant governour, or 
 " president of the senate of the state for the time being, 
 " administering the government, and authenticated 
 " with the great seal of this state, shall be full and 
 " conclusive evidence of this act. Provided always, 
 " that nothing in this act, or the said above recited 
 " articles of confederation contained, nor any act, 
 ' ; matter or thing to be done and transacted by the 
 " delegates of this state in Congress in and concern- 
 " ing the premises, or any part thereof, shall bind or 
 " oblige, or be deemed, construed or esteemed to bind 
 " or oblige the government, legislature, people, sub- 
 jects, inhabitants or residents of this state, until the 
 " said above recited articles have been duly ratified 
 " and confirmed by or in behalf of all the said United 
 " States in Congress assembled, any thing herein, or in 
 " the said above recited articles of confederation con- 
 " tained to the contrary thereof in any wise notwith- 
 " standing." 
 
 At the bottom of which act, we find the following 
 certificate, to wit : 
 
 " In senate, Thursday, January 29, 1778. This 
 " bill having been read three times, Resolved, That the 
 " bill do pass. By order of the senate. Pierre Van 
 " Cortland, president. In assembly, Tuesday, Febru- 
 " ary 3, 1778. This bill having been read three times, 
 " Resolved, That the bill do pass. By order of the 
 " assembly. Walter Livingston, speaker." 
 
 And on the back of the said bill we find the follow- 
 ing endorsement in writing, to wit:
 
 J778.] CONFEDERATION. 395 
 
 " In the council for revising all bills about to be 
 " passed into laws by the legislature of the state of Ni If 
 " York, on Friday, the 6th day of February, 1778, Re- 
 " solved, That it does not appear improper to this coun- 
 " cil that the bill entitled ' An act of accession to and 
 " approbation of certain proposed articles of confedcra- 
 " tion and perpetual union between the United States 
 " of America, and to authorize the delegates of the 
 " state of New York to ratify the same on the part and 
 " behalf of this state in the Congress of the United 
 " States,' should become a law of this state. George 
 " Clinton." 
 
 In testimony whereof we the said people of the 
 
 state of New York, have caused the said act of our 
 
 said senate and assembly to be exemplified by these 
 
 presents ; and our great seal of our said state to be 
 
 hereunto appended. Witness, our trusty and well 
 
 beloved George Clinton, esquire, our governour of 
 
 our said state, general and commander in chief of 
 
 all the militia, and admiral of our navy of the same 
 
 the sixteenth day of February, in the second year 
 
 of our independence and sovereignty, and in the 
 
 year of our Lord one thousand seven hundred and 
 
 seventy-eight. 
 
 GEORGE CLINTON. 
 
 By His Excellency's command. 
 Richard Hatfield, Secretary.
 
 HISTORY OF THE [J un e 27. 
 
 PENNSYLVANIA. 
 
 The Representatives of the Freemen of the Common- 
 wealth ol Pennsylvania, in General Assembly met, 
 to the Honourable Benjamin Franklin, Doctor of 
 Laws, Robert Morris, Esq., Daniel Roberdeau, Esq., 
 Jonathan B. Smith, Esq., James Smith, Esq., of 
 Yorktown, William Clingan, Esq., Joseph Reed, 
 Esq., Delegates for the said Commonwealth in the 
 Congress of the United States of America, send 
 Greeting. 
 
 Know ye, That we the said representatives, having 
 taken into our most serious and weighty consideration 
 and deliberation, the articles of confederation between 
 the states of New Hampshire, Massachusetts Bay, 
 Rhode Island and Providence Plantations, Connecti- 
 cut, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, North Carolina, South Carolina 
 and Georgia, lately transmitted to us by the honourable 
 Henry Laurens, Esq., president of the said Congress, 
 do by this present instrument, signed by our speaker, 
 and sealed with the seal of the laws of this common- 
 wealth, accede to, ratify, confirm and agree to the said 
 articles; which said articles are as follow, to wit: 
 [Here the articles are recited verbatim.] 
 
 And we the said representatives do hereby autho- 
 rize, empower, require and enjoin you the said Benja- 
 min Franklin, Robert Morris, Daniel Roberdeau, Jo- 
 nathan B. Smith, James Smith, William Clingan and Jo- 
 seph Reed, or any two of you, in the name of the said
 
 J778.] CONFEDERATION. 397 
 
 commonwealth of Pennsylvania, to accede to, ratify, 
 confirm ajid agree to the said articles of confederation. 
 In testimony whereof, we have caused the seal of the 
 laws of Pennsylvania to be hereunto aflixed, in gene- 
 ral assembly, at Lancaster, the fifth day of March, in 
 the year of our Lord, one thousand seven hundred and 
 seventy-eight. 
 
 JOHN BAYARD, Speaker. 
 Seal appended. 
 
 VIRGINIA. 
 
 In General Assembly, Dec. 15, 1778. 
 
 Resolved, nemine contradicente, That a speedy rati- 
 fication of the articles of confederation between the 
 United States of America will confound the devices of 
 their foreign, and frustrate the machinations of their 
 domestick enemies, encourage their firm friends, and 
 fix the wavering, contribute much to the support of 
 their publick credit, and the restoration of the value 
 of their paper money, produce unanimity in their coun- 
 cils at home, and add weight to their negotiation.^ 
 abroad; and, completing the independence of their 
 country, establish the best foundation of its prospe- 
 rity. 
 
 Resolved, nemine contradicente, That the articles 
 of confederation and perpetual union proposed by 
 Congress, the 7th day of November last, between the 
 states of New Hampshire, Massachusetts Bay, Rhode 
 Island and Providence Plantations, Connecticut. New
 
 398 HISTORY OF THE [June 27, 
 
 York, New Jersey, Pennsylvania, Delaware, Mary- 
 land, Virginia, North Carolina, South Carolina and 
 Georgia, and referred for approbation to the conside- 
 ration of the several legislatures of the said states, be 
 approved and ratified on the part of this common- 
 wealth ; and that our delegates in Congress be accord- 
 ingly authorized and instructed to ratify the same, in 
 the name and on the behalf of this commonwealth ; and 
 that they attend for that purpose on or before the tenth 
 day of March next. 
 
 ARCHIBALD CARY, Speaker of 
 the Senate. 
 
 G. WYTHE, Speaker of the House 
 of Delegates. 
 
 NORTH CAROLINA. 
 
 State of North Carolina. In Senate, April 25, 1778. 
 
 To His Excellency Richard Caswell, Esquire, Captain 
 General, Governour and Commander in Chief, &c. 
 &c. 
 
 SIR, 
 
 Thb two houses of the general assembly have taken 
 into consideration the confederacy proposed to the 
 United States by the continental Congress ; and have 
 unanimously acceded thereto ; and request your ex- 
 cellency will be pleased to inform the President of the
 
 1778.] CONFEDERATION. 391/ 
 
 continental Congress thereof by the earliest oppor- 
 tunity. 
 
 WIIITMILL HILL, S. S. 
 
 JOHN WILLIAMS, S. C. 
 By order. 
 
 J. SITGREAVES, C. S. 
 
 SOUTH CAROLINA. 
 
 In the General Assembly, the fourth day of 
 February, 1778. 
 
 Resolved, nemine contradicente, That the delegates 
 of this state in the continental Congress, or any three 
 of them, be and they are hereby authorized, on the 
 part of this state, to agree to, and ratify articles of con- 
 federation between the United States of America. 
 
 Ordered, That the foregoing resolution be sent to 
 the honourable the legislative council, for their con- 
 currence, and to his excellency the president for his 
 assent. 
 
 By order of the House. 
 
 THOMAS BEE, Speaker. 
 
 In the Legislative Council, the fifth day oi 
 February, 1773. 
 
 Read the foregoing resolution of the general assem- 
 bly. Resolved, That this house do concur with thr 
 general assembly in the said resolution. 
 
 Ordered, That it be sent to his excellency the presi- 
 dent for his assent.
 
 400 HISTORY OF THE [June 27, 
 
 Attended to, February 5, 1778. 
 
 J. RUTLEDGE. 
 
 By order of the House. 
 
 HUGH RUTLEDGE, Speaker. 
 
 GEORGIA. 
 
 House of Assembly, Thursday, February 26, 1778. 
 
 The house resolved itself into a committee of the 
 whole house to take into consideration the articles of 
 confederation and perpetual union ; and after some 
 time spent therein, Mr. Speaker resumed the chair, 
 and Mr. Whitefield from the committee of the whole 
 reported, they had taken the said articles into consi- 
 deration, and gone through the same, and made 
 several amendments thereto, which were read and 
 agreed to. 
 
 Extract from the minutes. 
 
 GEORGE CUTHBERT, Clerk. 
 
 Report of the Amendments to the Articles of Con- 
 federation and perpetual Union. 
 
 Article iv. 4th page, 4th line, add the words 
 " white inhabitants." 6th line, between the words 
 " vagabonds and," add " all persons who refuse to 
 " bear arms in defence of the state to which they be- 
 " long, and all persons who have been, or shall be at-
 
 1778.] CONFEDERATION. 401 
 
 " tainted and judged guilty of high treason in any ol 
 " the United States." 
 
 Article ix. 20th page, 20th line, between the 
 words " emitted to," add, " and the expenditure of 
 " the same." 
 
 Article xi. 25th page, between the words " Cana- 
 " da acceding" add, " and the colonics of East and 
 " West Florida." 
 
 A true copy from the original, taken the 24th May, 
 and examined by 
 
 GEORGE CUTHBERT, C. II. A. 
 
 House of Assembly, Thursday, February 2G, 1773. 
 
 Resolved, That the delegates for this state be au- 
 thorized and required to lay before the general Con- 
 gress of the United States, the several alterations pro- 
 posed and agreed upon by this house this day in the 
 articles of confederation, and that they do use their 
 exertions to have such alterations agreed to and con- 
 firmed in Congress. 
 
 Resolved, That in case all or none of such altera- 
 tions shall be agreed to and confirmed in Congress, 
 that then, and notwithstanding, they be empowered 
 and required in behalf of this state, to sign, ratify and 
 confirm the several articles of the confederation re- 
 commended to the respective legislatures of the United 
 States by Congress, or any other plan of a general 
 confederation which shall be agreed upon by nine of 
 the United States. 
 
 GEORGE CUTHBERT, Clerk. 
 
 VOL. V* 51
 
 
 402 HISTORY OF THE [July 9, 
 
 THURSDAY, JULY 9, 1778. 
 
 Resolved, That in the ratification of the articles of 
 confederation to be signed by the delegates, the fol- 
 lowing words to be omitted, to wit : " Which articles 
 " were by Congress proposed to the legislatures of all 
 " the United States, to be considered ; and if approved 
 " of by them, they are advised to authorize their dele- 
 " gates to ratify the same in the Congress of the 
 " United States." 
 
 The ratification of the articles of confederation, en- 
 grossed on a roll of parchment, being laid before Con- 
 gress, was examined; and the blanks in the third line 
 from the bottom being filled up at the table with the 
 words " ninth" and " July," and the blank in the last 
 line, with the word " third," the same was signed, on 
 the part and in behalf of their respective states, by 
 the delegates of New Hampshire, Massachusetts Bay, 
 Rhode Island and Providence Plantations, Connecti- 
 cut, New York, Pennsylvania, Virginia and South Ca- 
 rolina, agreeably to the powers vested in them. 
 
 The delegates of the states of New Jersey, Dela- 
 ware and Maryland, informed Congress that they have 
 not yet received powers to ratify and sign. 
 
 North Carolina, whose legislature has ratified the 
 articles of confederation, and the state of Georgia, were 
 not at this time represented in Congress. 
 
 Resolved, That a committee of three be appointed 
 to prepare a circular letter to the states in this union 
 that have not hitherto authorized their delegates in 
 Congress to ratify the confederation, informi»g such
 
 *"8.] CONFEDERATION. g) 
 
 states how many and what states have already ratified 
 the same; and desiring that such states will, with all 
 convenient despatch, authorize their delegates to 
 ratify the confederation in the Congress of the United 
 States. 
 
 The members chosen— Mr. Lee, Mr. Dana, and 
 Mr. G. Morris. 
 
 FRIDAY, JULY 10, 1778. 
 
 The committee appointed to prepare a circular let- 
 ter to the states in this union who have not hitherto 
 authorized their delegates to ratify the confederation, 
 brought in a draft, which being read and amended, 
 was agreed to as follows : 
 
 SIR, 
 
 Congress, intent upon the present and future secu- 
 rity of these United States, has never ceased to con- 
 sider a confederacy as the great principle of union, 
 which can alone establish the liberty of America, and 
 exclude forever the hopes of its enemies. Influenced 
 by considerations so powerful, and duly weighing the 
 difficulties which oppose the expectation of any plan 
 being formed that can exactly meet the wishes and ob- 
 tain the approbation of so many states, differing essen- 
 tially in various points, Congress have, after mature 
 deliberation, agreed to adopt without amendments the 
 confederation transmitted to the several states for their 
 approbation. The states of New Hampshire, Massa- 
 chusetts Bay, Rhode Island and Providence Planta- 
 tions, Connecticut, New York, Pennsylvania, Yn_i
 
 404 HISTORY OF THE [July 24, 
 
 nia, North Carolina, and South Carolina have ratified 
 the same, and it remains only with your state, with 
 those of to conclude the glorious compact, 
 
 which, by uniting the wealth, strength, and councils of 
 the whole, may bid defiance to external violence and 
 internal dissensions, whilst it secures the publick credit, 
 both at home and abroad. 
 
 Congress is willing to hope, that the patriotism and 
 good sense of your state will be influenced by motives 
 so important ; and they request, sir, that you will be 
 pleased to lay this letter before the legislature of 
 in order that, if they judge it proper, 
 their delegates may be instructed to ratify the con- 
 federation with all convenient despatch; trusting to 
 future deliberations to make such alterations and amend- 
 ments, as experience may show to be expedient and 
 just. 
 
 I have the honour to be, &c. 
 
 TUESDAY, JULY 21, 1778. 
 
 Pursuant to the powers in them vested, the delegates 
 of North Carolina signed the ratification of the con- 
 federation, in behalf of that state. 
 
 FRIDAY, JULY 24, 1778. 
 
 Pursuant to the powers in them vested, the dele- 
 gates of Georgia signed the ratification of the confede- 
 ration.
 
 1778.] CONFEDERATION. 403 
 
 WEDNESDAY, NOVEMBER 25, 1778. 
 
 NEW JERSEY. 
 
 Mr. Witherspoon, a delegate from the state of New 
 Jersey, attended and laid before Congress powers to 
 the delegates of that state to ratify the confederation, 
 which were read as follows : 
 
 By His Excellency William Livingston, Esquire, Governour, Cap- 
 tain General and Commander in Chief, in and over tin: Stat) 
 f l.s.] of New Jersey and Territories thereunto belonging, Chancel- 
 lor and Ordinary in the same. 
 
 To all to whom these presents shall come, Greeting. 
 
 Know ye, That among the records in the secreta- 
 ry's office in the state of New Jersey, there is a certain 
 instrument of writing, purporting to be an act of the 
 council and general assembly of the said statr, which 
 said act is contained in the words and tenor here fol- 
 lowing, to wit : 
 
 ;; An act to authorize and empower the delegates of 
 " the state of New Jersey in Congress to subscribe 
 "and ratify the articles of confederation and perpc- 
 M tual union between the several states. 
 
 " Whereas articles of confederation and perpetual 
 u union between the states of New Hampshire, Massa- 
 chusetts Bay, Rhode Island and Providence Planta- 
 " tions, Connecticut, New York, New Jersey, Pcnnsyl- 
 " vania, Delaware, Maryland, Virginia, North Caroli- 
 * c na, South Carolina and Georgia, signed in the Con-
 
 406 HIS TORY OF THE [Nov. 2.S, 
 
 " gress of the said states by the honourable Henry 
 " Laurens, esquire, their President, have been laid 
 :i before the legislature of this state, to be ratified by 
 s " the same, if approved : And whereas notwithstand- 
 " ing the terms of the said articles of confederation 
 " and perpetual union are considered as in divers 
 " respects unequal and disadvantageous to this state, 
 " and the objections to several of the said articles 
 " lately stated and sent to the general Congress afore- 
 "said, on the part of this state, are still viewed as 
 "just and reasonable, and sundry of them as of the 
 "most essential moment to the welfare and happiness 
 "of the good people thereof; yet, under the full con- 
 " viction of the present necessity of acceding to the 
 " confedracy proposed, and that every separate and 
 " detached state interest ought to be postponed to 
 " the general good of the union ; and moreover, in 
 "firm reliance that the candour and justice of the 
 " several states will, in due time, remove as far as 
 " possible the inequality which now subsists : 
 
 " Sect. 1. Be it enacted by the council and general 
 • ; assembly of this state, and it is hereby enacted by 
 " the authority of the same, That the honourable John 
 : ' Witherspoon, Abraham Clarke, Nathaniel Scudder 
 •' and Elias Boudinot, esquires, delegates representing 
 * this state in the Congress of the United States, or 
 '* any one or more of them, be and they are hereby 
 • ; authorized, empowered and directed, on behalf of 
 ;; this slate, to subscribe and ratify the said articles of 
 " confederation and perpetual union between the states 
 u aforesaid.
 
 ma.] Confederation. 407 
 
 " Sect. 2. And be it further enacted by the autho- 
 " rity aforesaid, That the said articles of confedera- 
 " tion and perpetual union, so as aforesaid subscribed 
 " and ratified, shall thenceforth become conclusive as 
 " to this state, and obligatory thereon. 
 
 "Council Chamber, November 19, 1778. 
 
 " This bill having been three times read in Council. 
 
 " Resolved, That the same do pass. 
 
 11 By order of the House. 
 
 "W. LIVINGSTON, President. 
 
 " House of Assembly, November 20, 1778. 
 
 " This bill having been three times read in the House 
 *' of Assembly, 
 
 " Resolved, That the same do pass. 
 
 " By order of the House. 
 
 " CALEB CAMP, Speaker pro tem. v 
 
 All which, by the tenor of these presents, I have 
 caused to be exemplified. 
 
 Tn testimony whereof the great seal of the said state 
 of New Jersey is hereunto affixed, at Trenton, the 
 20th day of November, in the year of our Lord 
 one thousand seven hundred and seventy-eight, 
 and in the third year of the Independence of 
 the United States of America. 
 
 WILLIAM LIVINGSTON. 
 
 By His Excellency's command. 
 Bowes Reed, Secretary.
 
 408 HISTORY OF THE [Feb. 16, 
 
 THURSDAY, NOVEMBER 26, 1778. 
 
 In pursuance of the powers to them granted, the 
 delegates of New Jersey signed the ratification of the 
 articles of confederation and perpetual union. 
 
 THURSDAY, FEBRUARY 16, 1779. 
 
 DELAWARE. 
 
 Mr. M'Kean, a delegate for Delaware, laid before 
 Congress the following instrument, empowering the 
 delegates of that state, or any of them, to ratify and 
 sign the articles of confederation. 
 
 His Excellency Cesar Rodney, Esquire, President, Captain 
 General and Commander in Chief of the Delaware State, to all 
 to whom these Presents shall come, Greeting. 
 
 Know ye, That among the records remaining in 
 the rolls office in the Delaware state, there is a 
 certain instrument of writing, purporting to be an act 
 of the general assembly of the said state, which said 
 act is contained in the words and tenor here following, 
 to wit: 
 
 Anno Millesimo Septengentesimo Septuagesimo nono. 
 
 " An act to authorize and empower the delegates of the 
 M Delaware state to subscribe and ratify the articles 
 " of confederation and perpetual union between the 
 " several states.
 
 1779.] CONFEDERATION. 409 
 
 " Whereas articles of confederation and perpetual 
 "union between the states of New Hampshire, M 
 u chusetts Bay, Rhode Island and Providence Planta- 
 " tions, Connecticut, New York, New Jersey, I'ennsyl- 
 " vania, Delaware, Maryland, Virginia, North Caroli- 
 " na, South Carolina, and Georgia, signed in the 
 "general Congress of the said states, by the honoura- 
 " ble Henry Laurens, esquire, their then President, 
 "have been laid before the legislature of this state, 
 " to be ratified by the same, if approved : And 
 " whereas notwithstanding the terms of the articles of 
 " confederation and perpetual union are considered as 
 " in divers respects unequal and disadvantageous to 
 " this state ; and the objections stated on the part of 
 " this state are viewed as just and reasonable, :uid 
 11 of great moment to the welfare and happiness of the 
 "good people thereof; yet, under the full conviction 
 " of the present necessity of acceding to the present 
 "confederacy proposed, and that the interest of parti- 
 " cular states ought to be postponed to the general 
 "good of the union; and moreover, in firm reliance 
 " that the candour and justice of the several states 
 " will in due time remove as far as possible the ob- 
 jectionable parts thereof: 
 
 " Be it enacted by the general assembly of Dela- 
 " ware, and it is hereby enacted by the authority of 
 "the same, That the honourable John Dickinson, 
 " Nicholas Van Dyke, and Thomas M-Kean, esquires, 
 " delegates appointed to represent this state in Con- 
 " gress, or any one or more of them, be, and they 
 "hereby are authorized, empowered and directed, on 
 vol. i. 52
 
 HO HISTORY OF THE [Feb. 22, 
 
 " behalf of this state, to subscribe and ratify the said 
 " articles of confederation and perpetual union be- 
 " tween the several states aforesaid. 
 
 " And be it further enacted by the authority afore- 
 u said, That the said articles of confederation and 
 u perpetual union, so as aforesaid subscribed andratifi- 
 " ed, shall thenceforth become obligatory on this state. 
 
 " Signed by order of the House of Assembly. 
 
 " NICHOLAS VAN DYKE, Speaker. 
 " Signed by order of the Council. 
 
 " THOMAS COLLINS, Speaker. 
 
 " Passed at Dover, February 1, 1779." 
 
 All which, by the tenor of these presents, I have 
 caused to be exemplified. 
 
 In testimony whereof, the great seal of the Dela- 
 ware state is hereunto affixed, at Dover, the sixth 
 day of February, in the year of our Lord one 
 thousand seven hundred and seventy-nine, and in 
 the third year of the Independence of the United 
 States of America. 
 
 CESAR RODNEY. 
 
 By His Excellency's command. 
 James Booth, Secretary. 
 
 MONDAY, FEBRUARY 22, 1779. 
 
 In pursuance of the powers vested in him, Mr. 
 M'Kean, a delegate of the state of Delaware, signed 
 and ratified the articles of confederation in behalf of 
 that state.
 
 1779.] CONFEDERATION. 411 
 
 TUESDAY, FEBRUARY 23, 1779. 
 
 The delegate of Delaware laid before Congress sun 
 dry resolutions passed by the council of that state. 
 January 23, 1779, respecting the articles of confede- 
 ration and perpetual union, and concurred in by the 
 house of assembly, January 28, 1779, previous to their 
 passing a law to empower their delegates to sign and 
 ratify the said articles of confederation and perpetual 
 union. 
 
 On which it was moved, that the same be filed : To 
 which it was moved, as an amendment, to add, u Pro- 
 " vided, that it shall never be considered as admitting 
 " any claim by the same set up or intended to be set 
 " up." 
 
 On this amendment the yeas and nays being requir- 
 ed by Mr. Ellery — 
 
 New Hampshire, Mr. Whipple, Ay. ) . . 
 Mr. Frost, Ay. $ 
 
 Massachusetts, Mr. S. Adams, Ay. ) 
 
 Mr. Lovell, Ay.V Av. 
 
 Mr. Holten, Ay.} 
 
 Rhode Island, Mr. Ellery, Ay. ) Ay 
 
 Mr. Collins, Ay. 5 
 
 Connecticut, Mr. Root, Ay. ^x 
 
 New York. Mr. Jay, 
 
 Mr. Morris, 
 Mr. Floyd, 
 Mr. Lewis,
 
 412 HISTORY OF THE [Feb. 23, 
 
 New Jersey, 
 
 Mr. Witherspoon. No. ~i „ 
 Mr.FrelinghausenNo. y 
 
 Pennsylvania, Mr. Clingan, 
 
 Mr. Atlee, 
 
 Ay.^j 
 
 No. i^ 
 Mr. Shippen, Ay. f 
 Mr. Searle, Ay. J 
 
 Delaware, Mr. MKean, No. )>No. 
 
 Maryland, Mr. Paca, No. > M 
 
 Mr. Henry, No. 5 iNo * 
 
 Virginia, Mr. T. Adams, Av.^ 
 
 Mr. F. L. Lee, Ay. | 
 
 Mr. M. Smith, Ay. ' . 
 
 Mr. Griffin, Ay. f AY * 
 
 Mr. R. H. Lee, Ay. | 
 
 Mr. Nelson, Ay. J 
 
 North Carolina, Mr. Penn, Ay. > . 
 
 Mr. Burke, Ay. $ Ay * 
 
 South Carolina, Mr. Drayton, Ay. )>Ay. 
 
 So it passsed in the affirmative. 
 
 On the question, 
 
 Resolved, That the paper laid before Congress by 
 thc delegate from Delaware and read, be filed ; pro- 
 vided, that it shall never be considered as admitting 
 any claim by the same set up or intended to be set 
 up. 
 
 The paper is as follows, viz. 
 
 In the Council, Saturday, January 23, 1779. p. m. 
 
 The council having resumed the consideration of the 
 committee's report on the articles of confederation and
 
 1779.] CONFEDERATION. 413 
 
 perpetual union, &c. came to the following resolutions 
 therein : 
 
 Resolved, That this stale think it necessary for the 
 peace and safely of the states to be included in the 
 union ; that a moderate extent of limits should he as- 
 signed for such of those states as claim to the lliuil 
 sippi or South Sea ; and that the United Slates in < loo* 
 gress assembled, should and ought to have the | 
 of fixing their western limits. 
 
 Resolved also, That this state consider themselves 
 justly entitled to a right, in common with the members 
 of the union, to that extensive tract of country which 
 lies to the westward of the frontiers of the United States, 
 the property of which was not vested in, or granted to, 
 individuals at the commencement of the present \v;u i 
 That the same hath been, or may be, gained from the 
 king of Great Britain, or the native Indians, by the 
 blood and treasure of all, and ought therefore to be a 
 common estate, to be granted out on terms beneficial 
 to the United States. 
 
 Resolved also, That the courts of law established 
 within this state are competent for the purpose ol de- 
 termining all controversies concerning the private right 
 of soil claimed within the same ; and they now, and at 
 all times hereafter, ought to have cognizance of all Buch 
 controversies : That the indeterminate provision pro- 
 posed in the ninth article of the confederation for de- 
 ciding upon controversies that may arise about some 
 of those private rights of soil lends to take away such 
 cognizance, and is contrary to the declaration of 
 rights of this state ; and therefore ought to receive an 
 alteration.
 
 414 HISTORY OF THE [Feb. 23, 
 
 The council, then, taking into consideration the 
 strong and earnest recommendations of Congress forth- 
 with to accede to the present plan of confederacy, 
 and the probable disadvantages that may attend the 
 further delaying a ratification thereof — 
 
 Resolved, That notwithstanding the terms of the ar- 
 ticles of confederation aforesaid are considered as in 
 divers respects unequal and disadvantageous to this 
 state, and the objections in the report of the committee 
 of this house, and the resolves made thereon, are view- 
 ed as just and reasonable, and of great moment to the 
 welfare and happiness of the good people thereof; yet, 
 under the full conviction of the present necessity of ac- 
 ceding to the confederacy proposed, and in firm re- 
 liance that the candour and justice of the several states 
 will in due time remove as far as possible the objec- 
 tionable parts thereof, the delegates appointed to rep- 
 resent this state in Congress, or any one or more of 
 them, be authorized, empowered and directed, on be- 
 half of this state, to subscribe and ratify the said ar- 
 ticles of confederation and perpetual union between the 
 several states of New Hampshire, Massachusetts Bay, 
 Rhode Island and Providence Plantations, Connecti- 
 cut, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, North Carolina, South Carolina, 
 and Georgia ; and that the said articles, when so sub- 
 scribed and ratified, shall be obligatory on this slate. 
 
 Extract from the Minutes. 
 
 BENJAMIN VINING, Clerk of the Council. 
 
 Sent for concurrence.
 
 1779. J CONFEDERATION. 4 IS 
 
 In House of Assembly, Thursday, Jan. 28, 1779. 
 
 The foregoing resolutions being read three times, 
 and considered, are concurred in. 
 
 NICHOLAS VAN DYKE, Speaker. 
 
 I do hereby certify that the above and foregoing to 
 be a true extract from the minutes of the council. 
 
 BENJAMIN VINING, Clerk of the Council. 
 
 THURSDAY, MAY 20, 1779. 
 
 The delegates of Virginia In id before Congress cer- 
 tain powers and instructions to them given by the gene- 
 ral assembly of their state, which were read and are 
 as follows : 
 
 In General Assembly, Saturday, Dec. 19, 1778. 
 
 Resolved, nemine contradicente, That our delegates 
 in Congress be instructed to propose to Congress, that 
 they recommend to each of the states named as par- 
 ties in the articles of confederation heretofore laid 
 before and ratified by this assembly, that they autho- 
 rize their delegates in Congress to ratify the said arti- 
 cles, together with the delegates of so many other of 
 the said states as shall be willing, so that the same 
 shall be forever binding on the states so ratifying, not- 
 withstanding that a part of those named shall decline 
 to ratify the same ; allowing, nevertheless, to the 5«kl 
 states so declining, either a given or indefinite time,
 
 416 HISTORY OF THE [May 20, 
 
 as to Congress shall seem best, for acceding to the 
 said confederation, and making themselves thereby 
 members of the Union. 
 
 Resolved, nernine contradicente, That our said de- 
 legates now in office, or hereafter to be appointed, be 
 authorized and required, and are hereby authorized 
 and required, to ratify the said articles of confederation 
 on the part of this commonwealth, with so many of the 
 other states named in them as parties, as shall on their 
 part ratify the same. 
 
 Test. A. CARY, S. S. 
 
 B. HARRISON, S. S. 
 
 In pursuance of the above powers and instructions, 
 the said delegates moved in the words following : 
 
 " Whereas it is of the greatest importance to the safe- 
 " ty, honour, and interest of the United States named as 
 " parties in the confederation, that they authorize their 
 " delegates in Congress to ratify the same, on or before 
 "the day of next, in conjunction with 
 
 " the delegates of so many other of the said states as 
 " shall be willing ; to the end that the same may be 
 " thenceforward tor ever binding on the states so ratify- 
 " ing, notwithstanding that a part of those named shall 
 " decline to ratify the same." 
 
 The delegates of Virginia then delivered in a paper 
 signed by them in the words following : 
 
 " In consequence of the foregoing instructions and 
 " powers to ns given, we do hereby declare, that we 
 " are ready and willing to ratify the confederation 
 " with any one or more states named therein, so that
 
 1779.] CONFEDERATION. 417 
 
 " the same shall be forever binding upon the state of 
 
 " Virginia. 
 
 " (Signed) « MEREWETHER SMITH. 
 
 "CYRUS GRIFFIN, 
 "RICHARD HENRY LEE, 
 "WILLIAM FLEMING." 
 
 FRIDAY, MAY 21, 1779. 
 
 MARYLAND. 
 
 The delegates of Maryland informed Congress, that 
 they have received instructions respecting the articles 
 of confederation which they are directed to lay before 
 Congress, and have entered on their journals. The 
 instructions being read, ;ire as follows : 
 
 Instructions of the Gener.il Assembly of Maryland, to 
 George Plater, William Paca, William Carmichael, 
 John Henry, James Forbes, and Daniel of St. 
 Thomas Jenifer, Esquires. 
 
 GENTLEMEN, 
 
 Having conferred upon you a trust of the highest na- 
 ture, it is evident we place great confidence in your in- 
 tegrity, abilities and zeal to promote the general welfare 
 of the United States, and the particular interest of this 
 state, where the latter is not incompatible with the for- 
 mer ; but to add greater weight to your proceedings in 
 Congress, and take away all suspicion that the opinions 
 you there deliver and the votes you give may be the 
 vol. i. 53
 
 418 HISTORY OF THE [May 21, 
 
 mere opinions of individuals, and not resulting from 
 your knowledge of the sense and deliberate judgment of 
 the state you represent, we think it our duty to instruct 
 as followelh on the subject of the confederation, a sub- 
 ject in which, unfortunately, a supposed difference of 
 interest has produced an almost equal division of sen- 
 timents among the several states composing the union. 
 We say a supposed difference of interests ; for if local 
 attachments and prejudices, and the avarice and ambi- 
 tion of individuals, would give way to the dictates of a 
 sound policy, founded on the principles of justice (and 
 no other policy but what is founded on those immuta- 
 ble principles deserves to be called sound) we flatter 
 ourselves, this apparent diversity of interests would 
 soon vanish, and all the states would confederate on 
 terms mutually advantageous to all ; for they would 
 then perceive that no other confederation than one so 
 formed can be lasting. Although the pressure of im- 
 mediate calamities, the dread of their continuance from 
 the appearance of disunion, and some other peculiar 
 circumstances, may have induced some states to accede 
 to the present confederation, contrary to their own in- 
 terests and judgments, it requires no great share of 
 foresight to predict, that when those causes cease to 
 operate, the states which have thus acceded to the 
 confederation will consider it as no longer binding, and 
 will eagerly embrace the first occasion of asserting 
 their just rights, and securing their independence. Is 
 it possible that those states who are ambitiously grasp- 
 ing at territories, to which in our judgment they have 
 not the least shadow of exclusive right, will use with 
 greater moderation the increase of wealth and power
 
 1779.] CONFEDERATION. 
 
 derived from those territories, when acquired, tli m 
 what they have displayed in their endeavours to acquire 
 them ? We think not. Wo are convinced the same 
 spirit which hath prompted them to insist on a claim so 
 extravagant, so repugnant to every principle of jusin e, 
 so incompatible with the general wellarc of all ihe 
 states, will urge them on to add oppression to injuslii e. 
 If they should not be incited by a superiority of wealth 
 and strength to oppress by open force their lesa weal* 
 thy and less powerful neighbours; yet depopulation 
 and consequently the impoverishment of those states 
 will necessarily follow, which, by an unfair construc- 
 tion of the confederation, may be stripped of a com- 
 mon interest, and the common benefits derivable from 
 the western country. Suppose, for instance, Virginia 
 indisputably possessed of the extensive and fertile 
 country to which she has set up a claim, what would 
 be the probable consequences to Maryland of such an 
 undisturbed and undisputed possession ? They cannot 
 escape the least discerning. 
 
 Virginia, by selling on the most moderate terms a 
 small proportion of the lands in question, would draw 
 into her treasury vast sums of money ; and in propor- 
 tion to the sums arising from such sales, would be en- 
 abled to lessen her taxes. Lands comparatively cheap, 
 and taxes comparatively low, with the lands and taxi 
 of an adjacent state, would quickly drain the state thus 
 disadvantageously circumstanced of its most useful in- 
 habitants ; its wealth and its consequence in the seafc 
 of the confederated states would sink of course* I 
 claim so injurious to more than one half, if not to the 
 whole of the United States, ought to be supported by
 
 420 HISTORY OF THE [May 21, 
 
 the clearest evidence of the right. Yet what eviden- 
 ces of that right have been produced ? What argu- 
 ments alleged in support either of the evidence or the 
 right ? None that we have heard of deserving a seri- 
 ous refutation. 
 
 It has been said, that some of the delegates of a 
 neighbouring state have declared their opinion of the 
 impracticability of governing the extensive dominion 
 claimed by that state. Hence also the necessity was 
 admitted of dividing its territory, and erecting a new 
 state under the auspices and direction of the elder, 
 from whom no doubt it would receive its form of go- 
 vernment, to whom it would be bound by some alliance 
 or confederacy, and by whose councils it would be in- 
 fluenced. Such a measure, if ever attempted, would 
 certainly be opposed by the other states as inconsis- 
 tent with the letter and spirit of the proposed confede- 
 ration. Should it take place by establishing a sub con- 
 federacy, imperium in imperio, the state possessed of 
 this extensive dominion must then either submit to all 
 the inconveniences of an overgrown and unwieldy go- 
 vernment, or suffer the authority of Congress to inter- 
 pose at a future time, and to lop off a part of its territo- 
 ry to be erected into a new and free state, and admit- 
 ted into the confederation on such conditions as shall 
 be settled by nine states. If it is necessary for the 
 happiness and tranquillity of a state thus overgrown, that 
 Congress should hereafter interfere and divide its terri- 
 tory, why is the claim to that territory now made, and 
 so pertinaciously insisted on ? We can suggest to our- 
 selves but two motives ; either the declaration of re- 
 linquishing at some future period a proportion of the
 
 1779.] CONFEDERATION. 421 
 
 country now contended for, was made to lull suspicion 
 asleep, and to cover the designs of a secret ambition, or, 
 if the thought was seriously entertained, the lands arc 
 now claimed to reap an immediate profit from the sale. 
 We are convinced, policy and justice require, that a 
 country unsettled at the commencement of this war, 
 claimed by the British crown and ceded to it by the 
 treaty of Paris, if wrested from the common enemy by 
 the blood and treasure of the thirteen states, should be 
 considered as a common property, subject to be par- 
 celled out by Congress into free, convenient and inde- 
 pendent governments, in such manner and at such times 
 as the wisdom of that assembly shall hereafter din i t. 
 
 Thus convinced, we should betray the trust n posed 
 in us by our constituents, were we to authorize you to 
 ratify on their behalf the confederation, unless it be 
 farther explained. We have coolly and dispassionate- 
 ly considered the subject ; we have weighed probable 
 inconveniences and hardships against the sacrifice of 
 just and essential rights ; and do instruct you not to 
 agree to the confederation, unless an article or articles 
 be added thereto in conformity with our declaration. 
 Should we succeed in obtaining such article or articles, 
 then you are hereby fully empowered to accede to the 
 confederation. 
 
 That these our sentiments respecting our confede- 
 ration may be more publickly known, and more expli- 
 citly and concisely declared, we have drawn up the 
 annexed declaration, which we instruct you to lay be- 
 fore Congress, to have it printed, and to deliver to each 
 of the delegates of the other states in Congress assem- 
 bled, copies thereof signed by yourselves, or by such
 
 422 HISTORY OF THE [May 81, 
 
 of you as may be present at the time of delivery ; to 
 the intent and purpose that the copies aforesaid may 
 be communicated to our brethren of the United States, 
 and the contents of the said declaration taken into their, 
 serious and candid consideration. 
 
 Also we desire and instruct you to move, at a proper 
 time, that these instructions be read to Congress by 
 their Secretary, and entered on the journals of Con- 
 gress. 
 
 We have spoken with freedom, as become freemen ; 
 and we sincerely wish that these our representations 
 may make such an impression on that assembly as to 
 induce them to make such addition to the articles of 
 confederation as may bring about a permanent union. 
 
 A true copy from the proceeding of December 15, 
 1778. 
 
 Test. T. DUCKETT, C. H. D. 
 
 MAY 21, 1779. 
 
 The delegates for the state of Connecticut laid be- 
 fore Congress farther powers relative to the articles of 
 confederation, which were read, and are as follows : 
 
 STATE OF CONNECTICUT, ss. 
 
 At a general assembly of the governour and company 
 of the state of Connecticut, in America, holden at 
 Hartford, by special order of the governour of said 
 state, on Wednesday the seventh day of April, Anno 
 Domini. 1779. [l. s.J
 
 1779.] CONFEDERATION. 423 
 
 It appearing to this assembly to be essentially ne- 
 cessary for the preservation, safety, independence and 
 sovereignty of the United States of America, that 
 the articles of confederation and perpetual union be ac- 
 ceded to, ratified and confirmed : And whereas all of 
 the said states, except Maryland, have agreed to and 
 confirmed said articles of confederation ; and Maryland 
 hath not acceded to said articles as drawn up, for n a- 
 sons heretofore published : And whereas the confede- 
 ration of thirteen states may not be considered as obli- 
 gatory on twelve slates only : 
 
 Resolved, That the delegates of this state in Con- 
 gress be directed and empowered, and full power and 
 authority is hereby given and granted to the said dele- 
 gates, in the name and behalf of this state, to enter into, 
 ratify, and confirm said articles of confederation and 
 perpetual union with the states of New Hampshire, 
 Massachusetts Bay, Rhode Island and Providence 
 Plantations, New York, New Jersey, Pennsylvania, 
 Delaware, Virginia, North Carolina, South Carolina 
 and Georgia, in the most full and ample manner: Al- 
 ways provided, that the state of Maryland be not 
 thereby excluded from acceding to said confederation 
 at any time hereafter. 
 
 A true copy of record. 
 Examined by 
 
 GEORGE WYLLYS, Secretary.
 
 424 HISTORY OF THE [April 1, 
 
 SATURDAY, APRIL 1, 1780. 
 
 The committee, to whom was referred the act of the 
 legislature of the state of New York, entitled " An act 
 " to facilitate the completion of the articles of confede- 
 " ration and perpetual union among the United States of 
 " America" — report, 
 
 That having met on the business, but not being able 
 to agree to any resolution thereon, desire to be dis- 
 charged : which act is in the words following, viz. 
 
 An act to facilitate the completion of the articles of 
 confederation and perpetual union among the 
 United States of America. 
 
 Whereas nothing under divine Providence can more 
 effectually contribute to the tranquillity and safety of 
 the United States of America than a federal alliance, 
 on such liberal principles as will give satisfaction to its 
 respective members : And whereas the articles of con- 
 federation and perpetual union recommended by the 
 honourable the Congress of the United States of Ameri- 
 ca have not proved acceptable to all the states, it hav- 
 ing been conceived that a portion of the waste and un- 
 cultivated territory, within the limits or claims of cer- 
 tain states, ought to be appropriated as a common fund 
 for the expenses of the war : And the people of the 
 state of New York, being on all occasions disposed to 
 manifest their regard for their sister states, and their 
 earnest desire to promote the general interest and se- 
 curity 5 and more especially to accelerate the federal 
 alliance, by removing, as far as it depends upon them,
 
 1780-] CONFEDERATION. flfe 
 
 the beforementioned impediment to its final accom* 
 plishment : 
 
 Be it therefore enacted, by the people of the state 
 of New York, represented in senate and assembly, 
 and it is hereby enacted by the authority of the same, 
 That it shall and may be lawful to and for the delegates 
 of this state, in the honourable Congress of the United 
 States of America, or the mnjor part of such of them as 
 shall be assembled in Congress, and they the said dele- 
 gates or a major part of them, so assembled, are here- 
 by fully authorized and empowered, for and on behalf 
 of this state, and by proper and authentick acts or in- 
 struments to limit and restrict the boundaries of this 
 state, in the western parts thereof, by such line or lines, 
 and in such manner and form, as they shall judge to be 
 expedient, either with respect to the jurisdiction as 
 well as the right or pre-emption of soil, or reserving 
 the jurisdiction in part, or in the whole, over the lands 
 which may be ceded, or relinquished, with respect only 
 to the right or pre-emption of the soil. 
 
 And be it further enacted by the authority aforesaid, 
 That the territory which may be ceded or relinquished 
 by virtue of this act, either with respect to the jurisdic- 
 tion as well as the right or pre-emption of soil, or the 
 right or pre-emption of soil only, shall be and enure for 
 the use and benefit of such of the United States as shall 
 become members of the federal alliance of the said 
 states, and for no other use or purpose whatever. 
 
 And be it further enacted by the authority aforesaid, 
 That all the lands to be ceded and relinquished by vir- 
 tue of this act, for the benefit of the United States, with 
 respect to property, but which shall nevertheless re- 
 vol. i. 54
 
 426 HISTORY OF THE [Sept. 6, 
 
 main under the jurisdiction of this state, shall be dis- 
 posed of and appropriated in such manner only as the 
 Congress of the said states shall direct ; and that a war- 
 rant under the authority of Congress for surveying and 
 laying out any part thereof, shall entitle the party in 
 whose favour it shall issue to cause the same to be sur- 
 veyed and laid out and returned, according to the di- 
 rections of such warrant ; and thereupon letters patent 
 under the great seal of this state shall pass to the 
 grantee for the estate specified in the said warrant ; 
 for which no other fee or reward shall be demanded 
 or received than such as shall be allowed by Congress. 
 Provided always, and be it further enacted by the 
 authority aforesaid, That the trust reposed by virtue 
 of this act, shall not be executed by the delegates of 
 this state, unless at least three of the said delegates 
 shall be present in Congress. 
 
 STATE OF NEW YORK, ss. 
 
 I do hereby certify that the aforegoing is a true copy 
 of the original act passed the 19th of February, 1780, 
 and lodged in the secretary's office. 
 
 ROBERT HARPUR, D'y. Sec'y. State. 
 
 WEDNESDAY, SEPTEMBER 6, 1780. 
 
 Congress took into consideration the report of the 
 committee to whom were referred the instructions of 
 the general assembly of Maryland to their delegates in 
 Congress respecting the articles of confederation, and 
 the declaration therein referred to ; the act of the le- 
 gislature of New York on the same subject ; and the
 
 1780.] CONFEDERATION". 
 
 remonstrance of the general assembly of Virginia — 
 which report was agreed to, and is in the words lol 
 lowing : 
 
 That having duly considered the several matter* to 
 them submitted, they conceive it unnecessary to 
 mine into the merits or policy of the instructions or 
 declaration of the general assembly of Maryland, or 
 of the remonstrances of the general assembly of Vir- 
 ginia, as they involve questions, a discussion of which 
 was declined, on mature consideration, when the arti- 
 cles of confederation were debated ; nor, in the opi- 
 nion of the committee, can such questions be now re- 
 vived with any prospect of conciliation : That it ap- 
 pears more advisable to press upon these states which 
 can remove the embarrassments respecting the western 
 country, a liberal surrender of a portion of their terri- 
 torial claims, since they cannot be preserved entire 
 without endangering the stability of the general con- 
 federacy ; to remind them how indispensably necessary 
 it is to establish the federal union on a fixed and per- 
 manent basis, and on principles acceptable to all its 
 respective members ; how essential to publick credit 
 and confidence, to the support of our army, to the vi- 
 gour of our councils, and success of our measures, to 
 our tranquillity at home, our reputation abroad, to our 
 very existence as a free, sovereign and independent 
 people ; that we are fully persuaded the wisdom of the 
 respective legislatures will lead them to a full and im- 
 partial consideration of a subject so interesting to the 
 United States, and so necessary to the happy estab- 
 lishment of the federal union ; that they are confirmed 
 in these expectations by a view of the beforemention-
 
 428 HISTORY OF THE [Dec. 29, 1780. 
 
 ed act of (he legislature of New York, submitted to 
 their consideration ; that this act is expressly calcula- 
 ted to accelerate the federal alliance by removing as 
 far as depends on that state, the impediment arising 
 from the western country, and for that purpose to yield 
 up a portion of territorial claim for the general benefit : 
 Whereupon, 
 
 Resolved, That copies of the several papers referred 
 to the committee be transmitted, with a copy of the 
 report, to the legislatures of the several states ; and 
 that it be earnestly recommended to these slates who 
 have claims to the western country, to pass such laws, 
 and give their delegates in Congress such powers, as 
 may effectually remove the only obstacle to a final 
 ratification of the articles of confederation : And that the 
 legislature of Maryland be earnestly requested to au- 
 thorize their delegates in Congress to subscribe the said 
 articles. 
 
 DECEMBER 29, 1780. 
 
 Resolved, That a committee of three be appointed 
 to collect, and cause to be published, two hundred 
 correct copies of the declaration of Independence, the 
 articles of confederation and perpetual union, the al- 
 liances between these United States and his most 
 christian majesty, with the constitutions or forms of 
 government of the several states, to be bound together 
 in boards. 
 
 The members — Mr. Bee, Mr. Witherspoon, and Mr. 
 Wolcott.
 
 Feb. 1781. J CONFEDERATION. 
 
 MONDAY, FEBRUARY 12,1781. 
 
 The delegates of Maryland laid before Congress a 
 certified copy of an act of the legislature of that state, 
 which was read as follows : 
 
 An act to empower the delegates of this state in 
 Congress to subscribe and ratify the articles ot 
 confederation. 
 Whereas it hath been said that the common enemy 
 is encouraged, by this state not acceding to the con- 
 federation, to hope that the union of the sister states 
 may be dissolved ; and therefore prosecute the war in 
 expectation of an event so disgraceful to America : 
 And our friends and illustrious ally arc impressed with 
 an idea, that the common cause would be promoted by 
 our formally acceding to the confederation : This 
 general assembly, conscious that this state hath from 
 the commencement of the war strenuously exerted 
 herself in the common cause, and fully satisfied that if 
 no formal confederation was to take place it is the fixed 
 determination of this state to continue her exotionsto 
 the utmost, agreeable to the faith pledged in the union — 
 from an earnest desire to conciliate the affection of the 
 sister states, to convince all the world of our unaltera- 
 ble resolution to support the independence of the 
 United States, and the alliance with his most christian 
 majesty ; and to destroy forever any apprehension of 
 our friends, or hope in our enemies, of this state being 
 again united to Great Britain : 
 
 Be it enacted by the general assembly of Mary- 
 land, That the delegates of this state in Congress, or
 
 430 HISTORY OF THE [Feb. 18 7 
 
 any two or three of them, shall be, and are hereby em- 
 powered and required, on behalf of this state, to sub- 
 scribe the articles of confederation and perpetual 
 union, between the states of New Hampshire, Mas- 
 sachusetts Bay, Rhode Island and Providence Plan- 
 tations, Connecticut, New York, New Jersey, Penn- 
 sylvania, Delaware, Maryland, Virginia, North Caro- 
 lina, South Carolina and Georgia, signed in the gene- 
 ral Congress of the said states by the honourable 
 Henry Laurens, esquire, their then president, and 
 laid before the legislature of this state to be ratified, 
 if approved : and that the said articles of confedera- 
 tion and perpetual union, so as aforesaid subscribed, 
 shall thenceforth be ratified and become conclusive 
 as to this state, and obligatory thereon. 
 
 And it is hereby declared, that by acceding to the 
 said confederation, this state doth not relinquish, or 
 intend to relinquish, any right or interest she hath 
 with the other united or confederated states to the 
 back country ; but claims the same as fully as was 
 done by the legislature of this state in their declara- 
 tion which stands entered on the journals of Con- 
 gress : this state relying on the justice of the several 
 states hereafter, as to the said claim made by this 
 state. 
 
 And it is further declared, That no article in th' 
 said confederation can or ought to bind this or ar 
 other state, to guarantee any exclusive claim of a 
 particular state to the soil of the said back lands.
 
 1781.] CONFEDERATION. « 
 
 any such claim of jurisdiction over the said lands, or 
 the inhabitants thereof. 
 
 By the House of Delegates, January 30, 1781. 
 Read and assented to. 
 By order. 
 
 F. GREEN, Clerk. 
 By the Senate, February 2, 1781. 
 Read and assented to. 
 By order. 
 
 JAS. MACCUBBIN, Clerk. 
 Thomas Lee. [l. s.] 
 
 THURSDAY, FEBRUARY 22, 1781. 
 
 The delegates of Maryland having taken their scats 
 in Congress with powers to sign the articles of confe- 
 deration — 
 
 Ordered, That Thursday next be assigned for com- 
 pleting the confederation ; and that a committee of 
 three be appointed to consider and report a mode for 
 announcing the same to the publick. 
 
 The members — Mr. Walton, Mr. Madison, Mr. Ma- 
 thews. 
 
 SATURDAY, FEBRUARY 21, 1781. 
 
 On the report of the committee appointed to rrport 
 the mode of announcing the final ratification of the 
 articles of confederation, 
 
 Resolved, That on Thursday next, at twelve o'clock, 
 the final ratification of the confederation of the Unit- 
 ed States of America be announced to the publick ;
 
 432 HISTORY OF THE [March 1, 
 
 and that the board of war and board of admiralty take 
 order according. 
 
 That this important event be communicated to the 
 executives of the several states. 
 
 That the several ministers of these states in Eu- 
 rope be informed of the complete and final ratification 
 of the said confederation ; and they be ordered to no- 
 tify the same to the respective courts at which they 
 reside. 
 
 That it also be notified to the honourable the minis- 
 ter plenipotentiary of France. 
 
 That information of the completion of the said con- 
 federation be transmitted to the commander in chief-, 
 and that he be directed to announce the same to the 
 army under his command. 
 
 THURSDAY, MARCH 1, 1781, 
 
 According to the order of the day, the honourable 
 John Hanson and Daniel Carroll, two of the delegates 
 for the state of Maryland, in pursuance of the act of 
 the legislature of that state, entitled " An act to em- 
 " power the delegates of this state in Congress to sub- 
 " scribe and ratify the articles of confederation," 
 which was read in Congress on the 12th of February 
 last, and a copy thereof entered on the minutes, did, 
 in behalf of the said state of Maryland, sign and rati- 
 fy the said articles ; by which act, the confederation 
 of the United States of America was completed, each 
 and every of the thirteen United States from New 
 Hampshire to Georgia, both included, having adopted
 
 1781.] CONFEDERATION. fl) 
 
 and confirmed, and by their delegates in Congres.-. ra- 
 tified the same, which is in the words following: 
 
 To all to whom these presents shall come, We : the 
 undesigned delegates of the states affixed to our 
 names, send greeting. 
 
 Whereas the delegates of the United States of Ame- 
 rica in Congress assembled did. on the fifteenth day of 
 November, in the year of our Lord one thousand se- 
 ven hundred and seventy-seven, and in the second 
 year of the independence of America, agree to cer- 
 tain articles of confederation and perpetual union be- 
 tween the states of New Hampshire, Massachusetts 
 Bay, Rhode Island and Providence Plantations, Con- 
 necticut, New York, New Jersey, Pennsylvania, De- 
 laware, Maryland, Virginia, North Carolina, South 
 Carolina, and Georgia, in the words following, namely, 
 
 ARTICLES 
 
 OF CONFEDERATION AND PERPETUAL UNION 
 
 BETWEEN THE STATES OF 
 
 New Hampshire, Pennsylvania, 
 
 Massachusetts Bay, Delaware, 
 
 Rhode Island and Maryland, 
 
 Providence Plantations, Virginia, 
 
 Connecticut, North Carolina, 
 
 New York, South Carolina, and 
 
 New Jersey, Georgia. 
 vol. i. 55
 
 134 HISTORY OF THE [March 3, 
 
 ARTICLE I. 
 
 The style of this confederacy shall be, the united 
 
 STATES OF AMERICA. 
 
 ARTICLE II. 
 
 Each state retains its sovereignty, freedom and in- 
 dependence, and every power, jurisdiction and right. 
 which is not by this confederation expressly delegated 
 to the United States in Congress assembled. 
 
 ARTICLE III. 
 
 The said states hereby severally enter into a firm 
 league of friendship with each other, for their common 
 defence, the security of their liberties, and their mutual 
 and general welfare ; binding themselves to assist 
 each other against all force offered to, or attacks made 
 upon them, or any of them, on account of religion, so- 
 vereignty, trade, or any other pretence whatever. 
 
 ARTICLE IV. 
 
 The better to secure and perpetuate mutual friend- 
 ship and intercourse among the people of the differ- 
 ent states in this union, the free inhabitants of each of 
 these states, paupers, vagabonds and fugitives from 
 justice excepted, shall be entitled to all privileges and 
 immunities of free citizens in the several states; and 
 the people of each state shall have free ingress and 
 regress to and from any other state ; and shall enjoy
 
 1781.] CONFEDERATION. < : , 
 
 therein all the privileges of trade and commerce, 
 subject to the same duties, impositions and restric- 
 tions, as the inhabitants thereof respectively ; provid- 
 ed, that such restriction shall not extend eo far as 
 to prevent the removal of properly imported into any 
 state, to any other state of which the owner is an in- 
 habitant; provided also, that no imposition, duties or 
 restriction shall be laid by any state, on the propcrtv 
 of the United States, or either of them. 
 
 If any person guilty of or charged with treason, 
 felony, or other high misdemeanor, in any state, shall 
 flee from justice, and be found in any of the United 
 States, he shall, upon demand of the governour or exe- 
 cutive power of the state from which he fled, be deli- 
 vered up and removed to the state having jurisdiction 
 of his offence. 
 
 Full faith and credit shall be given in each of these 
 states to the records, acts and judicial proceedings of 
 the courts and magistrates of every other stale. 
 
 article v. 
 
 For the more convenient management of the gene- 
 ral interests of the United States, delegates shall be 
 annually appointed in such manner as the legislature 
 of each state shall direct, to meet in Congress on the 
 first Monday in November, in every year, wilh a power 
 reserved to each state to recall its delegates, or any of 
 them, at any time within the year, and send others in 
 their stead for the remainder of the year. 
 
 No state shall be represented in Congress, by less 
 than two, nor by more than seven members ; and nc
 
 436 HISTORY OF THE [March 1, 
 
 person shall be capable of being a delegate for more 
 than three years in any term of six years ; nor shall 
 any person, being a delegate, be capable of holding 
 any office under the United States, for which he, or 
 another for his benefit, receives any salary, fees, or 
 emolument of any kind. 
 
 Each state shall maintain its own delegates in a 
 meeting of the states, and while they act as members 
 of the committee of the states. 
 
 In determining questions in the United States in 
 Congress assembled, each state shall have one vote. 
 
 Freedom of speech and debate in Congress shall 
 not be impeached or questioned in any court or place 
 out of Congress ; and the members of Congress shall 
 be protected in their persons from arrests and impri- 
 sonment, during the time of their going to and from, 
 and attendance on Congress, except for treason, felo- 
 ny, or breach of the peace. 
 
 ARTICLE VI. 
 
 No state, without the consent of the United States 
 in Congress assembled, shall send any embassy to, or 
 receive any embassy from, or enter into any confer- 
 ence, agreement, alliance, or treaty with any king, 
 prince, or state ; nor shall any person holding any 
 office of profit or trust under the United States, or any 
 of them, accept of any present, emolument, office, or 
 title of any kind whatever, from any king, prince, or 
 foreign state ; nor shall the United Slates in Congress 
 assembled, or any of them, grant any title of no- 
 bility.
 
 1781.] CONFEDERATION. 437 
 
 No two or more states shall enter into any treaty, 
 confederation, or alliance whatever between them, 
 without the consent of the United States in CongresB 
 assembled, specifying accurately the purposes for 
 which the same is to be entered into, and how long it 
 shall continue. 
 
 No state shall lay any imposts or duties which may 
 interfere with any stipulations in treaties entered into, 
 by the United States in Congress assembled, with any 
 king, prince, or state, in pursuance of any treaties al" 
 ready proposed by Congress to the courts of France 
 and Spain. 
 
 No vessels of war shall be kept up, in time of peace, 
 by any state, except such number only as shall be 
 deemed necessary by the United States in Congress 
 assembled, for the defence of such state, or its trade ; 
 nor shall any body of forces be kept up by any slate, 
 in time of peace, except such number only as in the 
 judgment of the United States in Congress assembled 
 shall be deemed requisite to garrison the forts neces- 
 sary for the defence of such state : but every state 
 shall always keep up a well regulated and disciplined 
 militia, sufficiently armed and accoutred ; and shall 
 provide and constantly have ready for use, in pubiick 
 stores, a due number of field pieces and tents, and a 
 proper quantity of arms, ammunition and camp equi- 
 page. 
 
 No state shall engage in any war, without the con- 
 sent of the United States in Congress assembled, un- 
 less such state be actually invaded by enemies, or 
 shall have received certain advice of a resolution be- 
 ing formed by some nation of Indians to invade such
 
 438 HISTORY OF THE [March 1, 
 
 state, and the danger is so imminent as not to admit 
 of a delay, till the United States in Congress assem- 
 bled can be consulted : nor shall any state grant com- 
 missions to any ship or vessels of war, nor letters of 
 marque or reprisal, except it be after a declaration of 
 war by the United States in Congress assembled ; and 
 then only against the kingdom or state, and the sub- 
 jects thereof, against which war has been so declared, 
 and under such regulations as shall be established by 
 the United States in Congress assembled ; unless such 
 state be infested by pirates, in which vessels of war 
 may be fitted out for that occasion, and kept so long 
 as the danger shall continue, or until the United States 
 in Congress assembled shall determine otherwise. 
 
 ARTICLE VII. 
 
 When land forces are raised by any state for the 
 common defence, all officers of or under the rank of 
 colonel, shall be appointed by the legislature of each 
 state respectively by whom such forces shall be raised. 
 or in such manner as such state shall direct; and all 
 vacancies shall be filled up by the state which first 
 made the appointment, 
 
 ARTICLE VIII. 
 
 All charges of war, and all other expenses that shall 
 be incurred for the common defence, or general wel- 
 fare, and allowed by the United States in Congress 
 assembled, shall be defrayed out of a common treasu- 
 ry, which shall be supplied by the several states in
 
 1781.] CONFEDERATION. fl| 
 
 proportion to the value of all land within each state, 
 granted to, or surveyed for, any person, as such land 
 and the buildings and improvements thereon shall be 
 estimated, according to such mode as the United States 
 in Congress assembled shall, from time to time, direct 
 and appoint. The taxes for paying that prop 
 shall be laid and levied by the authority and direction 
 of the legislatures of the several states, within the 
 time agreed upon by the United States in Congress 
 assembled. 
 
 ARTICLE IX. 
 
 The United States in Congress assembled shall have 
 the sole and exclusive right and power of determin- 
 ing on peace and war, except in the cases mentioned 
 in the sixth article : Of sending and receiving ambas- 
 sadors : Entering into treaties and alliances; provided 
 that no treaty of commerce shall be made whereby 
 the legislative power of the respective states shall be 
 restrained from imposing such imposts and duties on 
 foreigners as their own people are subjected to. or 
 from prohibiting the exportation or importation of any 
 species of goods or commodities whatever : Of esta- 
 blishing rules for deciding in all cases what captures 
 on land or water shall be legal ; and in what manner 
 prizes taken by land or naval forces in the service of 
 the United States shall be divided or appropriated : 
 Of granting letters of marque and reprisal in time ol 
 peace: Appointing courts for the trial of piracies and 
 felonies committed on the high seas 5 and establishing 
 courts for receiving and determining finally apnt. 1
 
 44U HISTORY OF THE [March 1, 
 
 all cases of captures; provided, that no member of 
 Congress shall be appointed a judge of any of the said 
 courts. 
 
 The United States in Congress assembled shall also 
 be the last resort, on appeal, in all disputes and diffe- 
 rences now subsisting, or that hereafter may arise, be- 
 tween two or more states concerning boundary, juris- 
 diction, or any other cause whatever ; which authority 
 shall always be exercised in the manner following: — 
 Whenever the legislative or executive authority or 
 lawful agent of any state in controversy with another 
 shall present a petition to Congress, stating the matter 
 in question, and praying for a hearing, notice thereof 
 shall be given by order of Congress to the legislative 
 or executive authority of the other state in controver- 
 sy ; and a day assigned for the appearance of the par- 
 ties by their lawful agents, who shall then be directed 
 to appoint, by joint consent, commissioners or judges 
 to constitute a court for hearing and determining the 
 matter in question : but if they cannot agree, Congress 
 shall name three persons out of each of the United 
 States ; and from the list of such persons, each party 
 shall alternately strike out one, the petitioners begin- 
 ning, until the number shall be reduced to thirteen ; 
 and from that number, not less than seven nor more 
 than nine names, as Congress shall direct, shall in the 
 presence of Congress be drawn out by lot ; and the 
 persons whose names shall be so drawn, or any five of 
 them, shall be commissioners or judges to hear and 
 finally determine the controversy, so always as a major 
 part of the judges who shall hear the cause, shall 
 agree in the determination. And if either party shall
 
 1781.] CONFEDERATION. Ul 
 
 neglect to attend at the day appointed, without show- 
 ing reasons which Congress shall judge sufficient, or 
 being present shall refuse to strike, the Congress shall 
 proceed to nominate three persons out of each state ; 
 and the Secretary of Congress shall strike in behalf of 
 such party absent or refusing ; and the judgment and 
 sentence of the court to be appointed in the manner 
 before prescribed shall be final and conclusive. And 
 if any of the parties shall refuse to submit to the au- 
 thority of such court, or to appear, or defend their 
 claim or cause, the court shall nevertheless proceed to 
 pronounce sentence, or judgment, which shall in like 
 manner be final and decisive; the judgment, or sen- 
 tence and other proceedings being in either case trans- 
 mitted to Congress, and lodged among the acts cf Con- 
 gress for the security of the parlies concerned : Pro- 
 vided, that every commissioner, before he sits in 
 judgment, shall take an oath to be administered by 
 one of the judges of the supreme or superior court of 
 the state where the cause shall be tried, " Well and 
 " truly to hear and determine the matter in question, 
 " according to the best of his judgment, without fa- 
 " vour, affection, or hope of reward :" Provided also, 
 that no state shall be deprived of territory for the 
 benefit of the United States. 
 
 All controversies concerning the private right of soil 
 claimed under different grants of two or more states, 
 whose jurisdictions as they may respect such lands 
 and the states which passed such grants arc adjusted, 
 the said grants, or either of them, being at the same 
 time claimed to have originated antecedent to such 
 settlement of jurisdiction, shall, on the petition of 
 vol. i. 56
 
 442 HISTORY OF THE [March I, 
 
 cither party to the Congress of the United States, be 
 finally determined as near as may be in the same man- 
 ner as is before prescribed for deciding disputes 
 respecting territorial jurisdiction between different 
 states. 
 
 The United States in Congress assembled shall also 
 have the sole and exclusive right and power of regu- 
 lating the alloy and value of coin struck by their own 
 authority, or by that of the respective states : Fixing 
 the standard of weights and measures throughout the 
 United States : Regulating the trade and managing all 
 affairs with the Indians, not members of any of the 
 states ; provided that the legislative right of any state 
 within its own limits be not infringed or violated : Es- 
 tablishing and regulating postoffices from one state to 
 another, throughout all the United States, and exacting 
 such postage on the papers passing through the same 
 as may be requisite to defray the expenses of the said 
 office: Appointing all officers of the land forces in the 
 service of the United States, excepting regimental 
 officers : Appointing all the officers of the naval for- 
 ces, and commissioning all officers whatever in the 
 service of the United States : Making rules for the 
 government and regulation of the land and naval for- 
 ces, and directing their operations. 
 
 The United States in Congress assembled shall have 
 authority to appoint a committee to sit in the recess of 
 Congress, to be denominated a committee of the 
 states, and to consist of one delegate from each 
 state ; and to appoint such other committees and civil 
 officers as may be necessary for managing the general 
 affairs of the United States under their direction : To
 
 1781.] CONFEDERATION. 
 
 appoint one of their number lo preside; provi 
 that no person be allowed to nerve in tin- oili< e of Pre- 
 sident more than one year in any term ot iln< e j 
 To ascertain the necessary sums <>l money t" be i 
 for the service of the United States, and to ap| I 
 ate and apply the same for defraying the pwbhek ex- 
 penses: To borrow money, or emit bills on the credit 
 of the United States, transmitting every half year to 
 the respective stales an account of the sums of money 
 so borrowed or emitted : To build and equip a i 
 To agree upon the number of land forces, and lo make 
 requisitions from each state for its quola, in proportion 
 to the number of white inhabitants in such stale, which 
 requisition shall be binding ; and thereupon the legis- 
 lature of each state shall appoint the regimental offi- 
 cers, raise the men, and clothe, arm and equip them, 
 in a soldierlike manner, at the expense of the United 
 States ; and the officers and men so clothed, armed 
 and equipped, shall march lo the place appointed, and 
 within the time agreed on by the United Slates in 
 Congress assembled : but if the United Slates in Con- 
 gress assembled, shall, on consideration of circum- 
 stances, judge proper that any state should not raise 
 men, or should raise a smaller number than its quota, 
 and that any other state should raise a greater number 
 of men than its quota thereof, such extra number shall 
 be raised, officered, clothed, armed and equipped, in 
 the same manner as the quota of such state ; unless 
 the legislature of such state shall judge that sue* I \- 
 tra number cannot be safely spared out of the same ; 
 in which case they shall raise, officer, clothe, arm and 
 equip as many of such extra number as they judge cau
 
 444 HISTORY OF THE [March 1, 
 
 be safely spared : and the officers and men so cloth- 
 ed, armed and equipped, shall march to the place ap- 
 pointed, and within the time agreed on by the Un-ited 
 States in Congress assembled. 
 
 The United States in Congress assembled shall ne- 
 ver engage in a war; nor grant letters of marque and 
 reprisal in time of peace ; nor enter into any treaties 
 or alliances ; nor coin money ; nor regulate the value 
 thereof; nor ascertain the sums and expenses necessa- 
 ry for the defence and welfare of the United States, 
 or any of them ; nor emit bills ; nor borrow money on 
 the credit of the United States ; nor appropriate mo- 
 ney ; nor agree upon the number of vessels of war to 
 be built or purchased, or the number of land or sea 
 forces to be raised ; nor appoint a commander in chief 
 of the army or navy — unless nine states assent to the 
 same : nor shall a question on any other point, except 
 for adjourning from day to day, be determined, unless 
 by the votes of a majority of the United States in 
 Congress assembled. 
 
 The Congress of the United States shall have power 
 to adjourn to any time within the year, and to any 
 place within the United States, so that no period of 
 adjournment be for a longer duration than the space of 
 six months ; and shall publish the journal of their pro- 
 ceedings monthly, except such parts thereof relating 
 to treaties, alliances, or military operations, as in their 
 judgment require secrecy ; and the yeas and nays of 
 the delegates of each stale on any question shall be 
 entered on the journal, when it is desired by any dele- 
 gate ; and the delegates of a state, or any of them, 
 at his or their request, shall be furnished with a tran-
 
 mi.] CONFEDERATION. Uu 
 
 script of the said journal, except such parts as arc 
 above excepted, to lay before the legislatures of the 
 several states. 
 
 article x. 
 
 The committee of the states, or any nine of them, 
 shall be authorized to execute, in the recess of Con- 
 gress, such of the powers of Congress as the United 
 States in Congress assembled, by the consent of nine 
 states, shall, from time to time, think expedient to vest 
 them with ; provided, that no power be delegated to 
 the said committee, for the exercise of which, by the 
 articles of confederation, the voice of nine states in 
 the Congress of the United States assembled is requi- 
 site. 
 
 ARTICLE XI. 
 
 Canada acceding to this confederation, and joining 
 in the measures of the United States, shall be admitted 
 into and entitled to all the advantages of this union. 
 But no other colony shall be admitted into the same, 
 unless such admission be agreed to by nine states. 
 
 ARTICLE XII. 
 
 All bills of credit emitted, moneys borrowed, and 
 debts contracted, by or under the authority of Con- 
 gress, before the assembling of the United States in 
 pursuance of the present confederation, shall be drain- 
 ed and considered as a charge againtt the United
 
 446 HISTORY OF THE [March 1, 
 
 States, for payment and satisfaction whereof the said 
 United States and the publick faith are hereby so- 
 lemnly pledged. 
 
 ARTICLE XIII. 
 
 Every state shall abide by the determinations of the 
 United States in Congress assembled, on all questions 
 which by this confederation are submitted to them. 
 And the articles of this confederation shall be inviola- 
 bly observed by every state ; and the union shall be 
 perpetual. Nor shall any alteration at any time here- 
 after be made in any of them, unless such alteration 
 be agreed to in a Congress of the United States, and 
 be afterwards confirmed by the legislatures of every 
 state. 
 
 And whereas it hath pleased the great Governour of 
 the world to incline the hearts of the legislatures we 
 respectively represent in Congress to approve of, and 
 to authorize us to ratify the said articles of confedera- 
 tion and perpetual union : 
 
 Know ye, That we the undersigned delegates, by 
 virtue of the power and authority to us given for 
 that purpose, do by these presents, in the name 
 and in behalf of our respective constituents, fully and 
 entirely ratify and confirm each and every of the 
 said articles of confederation and perpetual union, 
 and all and singular the matters and things therein 
 contained. And we do further solemnly plight and 
 engage the faith of our respective constituents, that they 
 shall abide by the determinations of the United States
 
 A*iJ 
 
 Confederation. 
 
 Til 
 
 in Congress assembled, on all questions which by the 
 said confederation are submitted to them ; and that the 
 articles thereof shall be inviolably observed by ihe 
 states we respectively represent ; and that the union 
 shall be perpetual. 
 
 In witness whereof, we have hcrcmto set our htndfl 
 in Congress. 
 
 Done at Philadelphia, in the state of Pennsylvania, 
 the ninth day of July, in the year of our Lord 
 one thousand seven hundred and seventy-eight, 
 and in the third year of the independence of 
 America. 
 
 Josiah Bartlett, 
 John Wentworth, 
 August 8, 1778. 
 
 John Hancock, 
 Samuel Adams, 
 Elbridge Gerry, 
 Francis Dana, 
 James Lovell, 
 Samuel Holten, 
 
 William Ellery, 
 Henry Marchant, 
 John Collins, 
 
 Roger Sherman, 
 Samuel Huntington, 
 Oliver Wolcott, 
 Titus Hosmer, 
 Andrew Adam9, 
 
 James Duanc, 
 Francis Lewis, 
 William Duer, 
 Gouverncur Morris. 
 
 On the part and behalf of 
 the state of New Hamp- 
 shire. 
 
 On the part and behalf of 
 y the state of Massachu- 
 setts Bay. 
 
 J 
 
 *} On the part and behalf of 
 ! the state of Rhode Is- 
 j land and Providence 
 
 J Plantations. 
 
 j On the part and behalf of 
 y the state of Connecti- 
 cut. 
 
 1 On the part and behalf of 
 ( the slate of New York.
 
 448 
 
 HISTORY OP THE CONFEDERATION. 
 
 John Witherspoon, 
 Nathaniel Scudder, 
 
 Robert Morris, 
 Daniel Roberdeau, 
 Jonathan Bayard Smith, 
 William Clingan, 
 Joseph Reed, 
 
 Thomas M'Kean, 
 February 22, 1779. 
 
 John Dickinson, 
 May 5, 1779. 
 
 Nicholas Van Dyke, 
 
 John Hanson, 
 Daniel Carroll, 
 
 Richard Henry Lee, 
 John Banister, 
 Thomas Adams, 
 John Harvie, 
 Francis Lightfoot Lee, 
 
 John Penn, 
 
 July 21, 1778. 
 Cornelius Harnett, 
 Thomas Williams, 
 
 Henry Laurens, 
 William Henry Drayton, 
 John Mathews, 
 Richard Hutson, 
 Thomas Heyward, jr. 
 
 John Walton, 
 
 July 24, 1778, 
 Edward Telfair, 
 Edward Langworthy, 
 
 On the part and behalf of 
 the state of New Jersey. 
 November 26, 1778. 
 
 On the part and behalf of 
 • the state of Pennsylva- 
 nia. July 22, 1778. 
 
 On the part and behalf of 
 the state of Delaware. 
 
 On the part and behalf of 
 the state of Maryland. 
 March 1, 1781. 
 
 ^1 
 
 > 
 J 
 
 On the part and behalf of 
 the state of Virginia. 
 
 | On the part and behalf ot 
 y the state of North Ca- 
 rolina. 
 
 J 
 
 | On the part and behalf of 
 y the state of South Caro- 
 lina. 
 
 1 
 
 On the part and behalf of 
 the state of Georgia. 
 
 END OF VOL. I.
 
 SUPPLEMENT 
 
 OCTOBER 5, 1775. 
 
 To be inserted after the first Resolution of the proceedings of October 
 5, 1775. Tage 28. 
 
 JL he committee appointed to prepare a plan, &c. 
 &c. brought in a report : Whereupon, 
 
 Resolved, That a letter be sent to general Washing- 
 ton, to inform him that Congress, having received in- 
 telligence of the sailing of two north country built 
 brigs of no force, from England, on the 11th of Au- 
 gust last, loaded with arms, powder and other stores 
 for Quebec, without convoy, which it is of importance 
 to intercept, desire that he apply to the council of Mas- 
 sachusetts Bay for the two armed vessels in their ser- 
 vice, and despatch the same, with a sufficient number 
 of people, stores, &c, particularly a number of oars, 
 in order if possible to intercept the said two brigs and 
 their cargoes, and secure the same for the use of the 
 continent; also any other transports laden with ammu- 
 nition, clothing, or other stores, for the use of the 
 ministerial army or navy in America ; and secure them 
 vol, i. 57
 
 450 SUPPLEMENT. [Oct. 5, 
 
 in the most convenient places for the purpose above- 
 mentioned. That he give the commander or com- 
 manders such instructions as are necessary, as also 
 proper encouragement to the marines and seamen that 
 shall be sent on this enterprise ; which instructions, 
 &c, &c. are to be delivered to the commander or com- 
 manders, sealed up, with orders not to open the same 
 until out of sight of land, on account of secrecy. That 
 a letter be written to the said honourable council, to 
 put the said vessels under the general's command and 
 direction ; and to furnish him instantly with every ne- 
 cessary in their power, at the expense of the continent. 
 Also, that the general be directed to employ the said 
 vessels and others, if he judge necessary, to effect the 
 purposes aforesaid ; and that he be informed, that the 
 Rhode Island and Connecticut vessels of force will be 
 sent directly to their assistance. That a letter be 
 written to governour Cook, informing him of the above ; 
 and desiring him to despatch one or both the armed 
 vessels of the colony of Rhode Island on the same ser- 
 vice ; and that he use the precautions abovementioned. 
 That a letter be also written to governour Trumbull, 
 requesting of him the largest vessel in the service of 
 the colony of Connecticut, to be sent on the enter- 
 prise aforesaid ; acquainting him of the above particu- 
 lars, and recommending the same precautions. 
 
 That the encouragement recommended by Congress 
 to be given shall be, on this occasion, that the master, 
 officers, and seamen, shall be entitled to one half of 
 the value of the prizes by them taken, the wages they 
 receive from the respective colonies notwithstanding. 
 
 That the said ships and vessels of war be on the
 
 1775.] SUPPLEMENT. 
 
 continental risk and pay during their being thuJ I m- 
 ployed. 
 
 OCTOBER G, 1115. 
 
 Resolved, That it be recommended to the several 
 provincial assemblies or conventions, nnd council.-, oi 
 committees of safety, to arrest and secure every per- 
 son in their respective colonies, whose going at large 
 may, in their opinion, endanger the safety oi the colo- 
 ny, or the liberties of America. 
 
 Ordered, That an authentick copy of this resolve be 
 by the delegates transmitted to proper persons in then 
 respective colonies. 
 
 Resolved, That the committee appointed for the im- 
 portation of powder do export, agreeably to the con- 
 tinental association, as much provisions or other pro- 
 duce of these colonies as they shall judge necessary, 
 for the purchase of arms and ammunition. 
 
 NOVEMBER 8, 1775. 
 
 To follow proceedings of October 26, 1775. Page 31. 
 
 Resolved, That the secret committee appointed to 
 contract for the importation of arras, ammunition, &c. 
 &c. be empowered to export to the foreign West In- 
 dies, on account and risk of the continent, as much 
 provision or any other produce, except horned cattle, 
 sheep, hogs and poultry, as they may deem necessary 
 for the importation of arms, ammunition, sulphur and 
 salt petre. 
 
 Resolved, That the committee of safety of Pennsyl- 
 vania be requested to furnish the colony of New York
 
 452 SUPPLEMENT. [April 8, 
 
 with five hundred pounds of powder, and forward the 
 same immediately to Dobb's ferry. That the conven- 
 tion of New York give orders to receive it there, and 
 ssnd it as soon as possible to the fortresses in the high- 
 lands. 
 
 NOVEMBER 29, 1777. 
 
 To follow proceedings of August 19, 1777. Page 52. 
 
 Resolved, That a committee of three be appointed 
 to procure a translation to be made of the articles of 
 confederation into the French language ; and to report 
 an address to the inhabitants of Canada, inviting them 
 to accede to the union of these states. That the said 
 committee be further directed, to report a plan for fa- 
 cilitating the distribution of the said articles and ad- 
 dress ; and for conciliating the affections of the Cana- 
 dians towards these United States. 
 
 The members chosen — Mr. Duer, Mr. Lovell and 
 Mr. F. L. Lee. 
 
 APRIL 8, 1780. 
 
 To follow proceedings of March 20, 17C0. Page 140. 
 
 Resolved, That the application from the state of 
 Massachusetts Bay for an expedition to be adopted for 
 dislodging the enemy from Penobscot, with the papers 
 relating thereto, be referred to the consideration of the 
 commander in chief of the army of these United States ; 
 and that continental pay and rations be allowed to 
 any body of militia, not exceeding eight hundred men, 
 which the state of Massachusetts Bay may judge ne- 
 cessary to be raised for the defence of the eastern part 
 of that slate. 

 
 1780.) SUPPLEMENT. 
 
 MAY 19, 1780. 
 To follow proceedings of May 10, 1780. Page 145. 
 
 On the report of a committee, to whom was referred 
 a memorial from the honourable the mir.ister plenipo- 
 tentiary of France, 
 
 Resolved, That the states of Virginia, Maryland, 
 Delaware, Pennsylvania, New Jersey, New York, 
 Connecticut, Rhode Island, Massachusetts Bay and 
 New Hampshire, be most earnestly called on to col- 
 lect and pay into the continental treasury, immediately, 
 if possible, and at all events within thirty days from 
 this time, ten millions of dollars for the special purpose 
 hereafter mentioned, in the following proportions ; the 
 payments to be credited to the said states respectively, 
 on their quotas of money due to the United States to 
 the first day of March last, viz. 
 
 Virginia, - - 1,953,200 
 
 Maryland, - - 1,234,350 
 
 Delaware, - - 132,800 
 
 Pennsylvania, - - 1,796,950 
 
 New Jersey, - - 703,950 
 
 New York, - - 585,950 
 
 Connecticut, - - 1,329,150 
 
 Rhode Island, - 156,250 
 
 Massachusetts Bay, - 1,794,950 
 New Hampshire, - 312,450 
 
 1 0,000,000 
 
 Resolved, That bills be immediately drawn, under 
 the direction of the board of treasury, on the honoura- 
 ble doctor Benjamin Franklin, for twenty-five thou-
 
 464 SUPPLEMENT. [May 19, 
 
 sand dollars, and on the honourable John Jay, for 
 twenty-five thousand dollars, payable at sixty days 
 sight ; that they be offered for sale in Massachusetts 
 Bay, Rhode Island, Connecticut, Pennsylvania, Mary- 
 land and Virginia, in the following proportions, viz. 
 
 Massachusetts Bay, - - 20,000 
 
 Rhode Island, - - 3,000 
 
 Connecticut, - - - 8,000 
 
 Pennsylvania, - - - 10,000 
 
 Maryland, - - - 5,000 
 
 Virginia, - - - 4,000 
 
 Resolved, That the money to be raised as aforesaid, 
 be appropriated and applied to the bringing the army 
 into the field, and forwarding their supplies, in such 
 manner as the exigencies and nature of the service 
 may require. 
 
 Resolved, That the committee at head quarters be 
 directed to expedite the drawing forth the supplies of 
 the states, required by the resolution of Congress of 
 the 25th of February last, as the exigency and nature 
 of the service may require, and the commander in chief 
 shall judge them necessary. That, in case of any 
 extraordinary emergency, more of any of the articles 
 enumerated in the said resolution shall become neces- 
 sary than is therein provided for, the said committee, 
 with the advice of the commander in chief, do apply 
 to the legislature or executive powers of any of the 
 states aforesaid, from New Hampshire to Virginia in- 
 clusive, as may be most convenient, to have them im- 
 mediately purchased at the expense of the United 

 
 1780.] SUPPLEMENT. 
 
 States, or otherwise procured on the credit of the same, 
 if necessity shall so require. 
 
 That the said committee give directions for procur- 
 ing any other articles not provided for in tin- >aul reso- 
 lution of the 25th of February, which the exigency of 
 the service may in the opinion of the commander in 
 chief render necessary ; direct the proper applications 
 to the civil magistrates of any of the states for obtain- 
 ing them, in such manner as shall not admit of delay. 
 
 That the said committee be also authorized to give 
 assurance, where any of the aforesaid articles shall be 
 purchased, or otherwise procured on the credit of the 
 United Stales, that the just value of the same shall be 
 paid, with interest at six percent., as fast as money can 
 be raised for that purpose. 
 
 That the said committee report their proceedings to 
 Congress once a fortnight. 
 
 Resolved, That the legislatures from New Hamp- 
 shire to Virginia inclusive, be requested to invest their 
 executive authority, or some other persons, with such 
 powers as will enable them, on the application of the 
 committee aforesaid, to draw forth at this critical pe- 
 riod the resources of the state. 
 
 JUNE 17, 1780. 
 To follow proceedings of June 1, 1780. Page 148. 
 
 On the report of a committee appointed to prepare 
 a plan for the defence of the southern states, 
 
 Resolved, That the executive power of the state of 
 Virginia be earnestly requested to order a rfinlorrr
 
 45S SUPPLEMENT. [June 17, 
 
 ment of five thousand militia, including any that may 
 be now in service, to join the southern army with all 
 possible despatch. 
 
 That the executive power of the state of North Ca- 
 rolina be earnestly requested to order a reinforcement 
 of four thousand militia, including such as are now in 
 service, to join the said army. 
 
 That it be recommended to the state of Virginia to 
 keep in readiness an additional force of three thousand 
 militia : and to the state of North Carolina, to keep in 
 readiness an additional force of two thousand militia, 
 in order to join the southern army upon the shortest 
 notice. 
 
 That no supplies of men, and no provisions except 
 bacon, and so much grain as the executive of the state 
 of Virginia conceive can be spared from the southern 
 army — they bearing in mind that the wants of the grand 
 army are at this time extremely pressing — be removed 
 to the northward of the state of Virginia, until the fur- 
 ther order of Congress. 
 
 That the moneys raised for the use of the United 
 States, in the state of Maryland, and the states to the 
 southward thereof, be appropriated to the supply of 
 the military chest and exigencies of the war in the 
 southern department, until the further order of Con- 
 gress. 
 
 That the board of war be directed to take effectual 
 measures for supplying the said department with al! 
 necessarv military stores.
 
 1780.] SUPPLEMENT. 
 
 JUNE 21, 1780. 
 To follow proceedings of June 1, 1780. Page I4fj. 
 
 On the report of a committee, consisting of Mr. R. 
 R. Livingston, Mr. M'Kean and Mr. Ellsworth, to 
 whom was referred a note from the minister of France, 
 
 Resolved, That the minister of France be infoi 
 that Congress have used every means in their power 
 to fulfil their engagements of January last ; that tli<y 
 have apportioned the quotas of the several stales, and 
 called upon them most earnestly to complete the same ; 
 that the surrender of Charleston, and the diversion 
 of our force to the southern department, together with 
 the heavy loss sustained by fatigue and desertion in a 
 long and toilsome march, have for the present conside- 
 rably weakened the main army ; that Congress have 
 endeavoured to replace these deficiencies, by demand- 
 ing large additional supplies of recruits and militia 
 from the middle and eastern states, to take the field by 
 the first of July ; that their requests have been fre- 
 quently reiterated in the strongest terms ; that they 
 have reason to believe that many of them are making 
 great efforts to comply with their demand ; and that 
 they are not without well grounded expectations that 
 the importance of the occasion will awaken all to the 
 most vigorous exertions ; that Congress have demand- 
 ed from each state immediate information of the mea- 
 sures they have adopted in consequence of their requi- 
 sition ; that they hope to be thereby enabled more 
 fully to satisfy the wishes of the minister of France, 
 relative to the matters contained in his memorial -, that 
 they do full justice to the solicitude of the minister of 
 vol. i. 58
 
 460 SU1TLEMEJNT. [June 21, 
 
 France, for the advancement of the mutual interests 
 of his most christian majesty and these United States, 
 and see with pleasure, in the warmth with which he 
 urges measures evidently calculated for the immediate 
 advantage of these states, the intimacy of the union of 
 the allied powers. 
 
 And whereas Congress did, in behalf of the United 
 States, assure his most christian majesty, by their act 
 of 31st January last, that they would bring into the 
 field twenty-five thousand men, exclusive of officers, 
 and at the same time solicit a naval force to co-operate 
 against the common enemy : and whereas advice has 
 been received from the court of France, that his most 
 christian majesty, in compliance with the solicitations 
 of Congress, hath not only directed a considerable 
 naval force to repair to North America, but hath sub- 
 joined thereto a respectahle body of land forces : and 
 v/hereas Congress in consequence of their engagements 
 by their act of February last, did call on the several 
 states to complete their quota of troops to the esta- 
 blishment mentioned in the said act; which quota they 
 have since, from the disaster of Charleston, found it 
 necessary to increase, and have accordingly approved 
 the requisitions of their committee at head quarters : 
 and whereas none of the states, whose battalions were 
 deficient, have yet sent on their recruits to com- 
 plete the same, nor afforded any assurances that the 
 requisitions of Congress and their committee 'will 
 be complied with : and whereas the execution of the 
 above requisition will be extremely hazardous and ex- 
 pensive, unless the further demands of Congress and 
 their committee, for provision, are punctually complied 
 with : Therefore, 

 
 1780.] SUPPLEMENT. 
 
 Resolved, That the said states be requested expli- 
 citly, and without the least delay, to inforan Coi)B*M 
 how far they may rely upon their furnishing the 
 ral supplies of men, money and provisions, called for 
 by Congress or their committee at head quart* I -. 
 
 And whereas the legislatures of many of ihc I 
 States are not now convened, though earnestly request- 
 ed by Congress to continue their sessions, or to vest in 
 some person such powers as would enable them on the 
 requisition of Congress or their committee, to draw 
 forth the military resources of the state : and whereas 
 Congress are not fully informed whether their magis- 
 trates are so empowered : 
 
 Resolved, That the supreme executive magistrate 
 in each state, where the legislature is not now conven- 
 ed, be requested immediately to inform Congress what 
 measures they have taken, or empowered to take, in 
 compliance with the above requisitions of Congress, in 
 order that Congress, whose duty it is, may provide 
 that effectual measures be taken that every state in the 
 union contribute their quota to the common defence. 
 
 Resolved, That the executive magistrate of every 
 state be requested to correspond weekly with the com- 
 mittee of Congress at head quarters, advising them of 
 the measures actually taken from time to time in pursu- 
 ance of the above recited requisitions of Congress and 
 their committee. 
 
 JULY 24, 1780. 
 
 To follow proceedings of July 14, 1780. Page 149 
 
 On a report from the board of war, 
 Resolved, That the board of war and ordnance be au- 
 thorized and directed to procure, with all possible des-
 
 462 SUPPLEMENT. [Aijg. 5, 
 
 patch, six hundred and fifteen tons of shot for battering 
 cannon, and nine hundred and forty-seven tons of shells, 
 of such sizes as they shall deem proper, according to 
 the requisitions made by the commander in chief. 
 
 JULY 25, 1780. 
 
 Resolved, That to enable the board of war to exe- 
 cute the authority vested in them by the resolution of 
 the 24th, for the purpose of shot and shells, they be 
 supplied with the sum of four millions of dollars ; and 
 that they be authorized to contract for the whole quan- 
 tity of shot and shells mentioned in the resolution 
 aforesaid, on the best terms possible ; and agree on 
 behalf of the United States, to make payment in spe- 
 cie, or an equivalent in the currency of these states, 
 at such periods as shall be mutually agreed on be- 
 tween the said board and the manufacturers, with in- 
 terest at six per cent, per annum, from such times as 
 shall be fixed on by the said board. 
 
 That the said board be furnished with the further 
 sum of four hundred and thirty-five thousand dollars, 
 for the purpose of procuring the articles of military 
 stores enumerated in their second estimate of the 24th 
 instant. 
 
 AUGUST 5, 1780. 
 To follow proceedings of August 2, 1780. Page 151. 
 On the report of a committee, appointed to take 
 into consideration the state of South Carolina and 
 Georgia, 
 
 Resolved, That the commander in chief be informed, 
 it is the sense of Congress, the land and naval forces, 
 as well of his imst christian majesty as these United
 
 1780.] SUPPLEMENT. « 
 
 States, or such part there of as he shall think ncce i 
 be employed in the manner, and at the time that shall 
 appear to him most convenient for the expulsion of 
 the enemy from their several posts in the states of 
 South Carolina and Georgia; and that he concert with 
 the officers commanding the fleet and army of his most 
 christian majesty, the proper measures for this purpose, 
 and carry such measures into execution, so as not to 
 interfere with any plan of operation formed against the 
 enemy, as the more immediate objects of the present 
 campaign. 
 
 That the commander in chief (if he shall think it 
 necessary) concert with the proper officers and minis- 
 ters, such plan of operations to be undertaken by any 
 other of his most christian majesty's forces, or by the 
 forces of his catholick majesty now combined in the 
 West Indies, or to be drawn from the province of 
 Louisiana, or elsewhere, as may either immediately, or 
 in their effect, facilitate or assist the proper enterprise. 
 
 That Congress will, so soon as they shall be pro- 
 perly informed by the commander in chief, make the 
 necessary requisition from the states for supplies, and 
 afford every other aid and assistance in their power for 
 promoting and effectually prosecuting the undertaking. 
 
 That the recruits now raising in the state of Vir- 
 ginia, for filling up their quota of continental troops, 
 be marched as soon as possible to join the southern 
 army under the command of major general Gates. 
 
 AUGUST 15, 1780. 
 
 To follow proceedings of August 12,1780. I 
 Resolved, That the hills of exchange directed lo be 
 prepared by the resolution of the 9th, on the honoura-
 
 
 464 SUPPLEMENT. [Aug. 23, 
 
 ble Benjamin Franklin, minister plenipotentiary at the 
 court of Versailles, to the amount of one hundred 
 thousand dollars, specie, be filled up by the commis- 
 sioner of the continental loan-office for the state of Penn- 
 sylvania, and made payable to Joseph Clay, deputy pay. 
 master general in the southern department, or order. 
 
 That the said bills be transmitted to the said Joseph 
 Clay, to be sold at par for specie, or bills emitted 
 agreeably to the resolution of the 18th of March last, 
 or for other moneys, agreeably to the instructions of 
 the board of treasury, or to be disposed of for pro- 
 visions and necessaries for the army, on the best terms 
 that can be obtained, for the United States. 
 
 That the moneys arising from such sale be applied 
 under the direction of the commanding officer in the 
 southern department, to the purchase of provisions 
 and other supplies absolutely necessary for the subsis- 
 tence of the southern army ; and that the said Joseph 
 Clay be and hereby is required, to give regular^and 
 constant information to the board of treasury re- 
 specting the sale of the bills and the application of the 
 moneys aforesaid; and that the aforesaid Joseph 
 Clay, deputy paymaster general in the southern de- 
 partment, be charged in the treasury books with the 
 aforesaid bills, amounting to the sum of one hundred 
 thousand dollars, specie. 
 
 AUGUST <23, 1780. 
 
 To follow proceedings of August 19, 1780. Page 153. 
 
 On a report of the board of treasury, to whom was 
 referred a report of the board of war,
 
 1780.] SUPPLEMENT. A&5 
 
 Resolved, That the board of treasury be and hereby 
 are empowered to direct Thomas Smith, commiitioaei 
 of the continental loan office for the state ol IYnnsyl- 
 vania, to sell, under their direction, for specie, the 
 bills ordered to be drawn on the honourable J. I iy, 
 which were reserved for the use of the prisoners of 
 war of the United States, amounting to seventy-one 
 thousand three hundred and fifty dollars, specie. 
 
 That one half of the specie aforesaid be applied, 
 under the direction of the board of war, for the purpose 
 of supplying the prisoners of war in the states of South 
 Carolina and Georgia. 
 
 That the other half of the specie aforesaid, be for- 
 warded, under the direction of the board of war, to the 
 commissary" of prisoners, in the middle department, for 
 the supply of the prisoners at New York. 
 
 That the board of treasury be and hereby arc cm 
 powered to prepare bills of exchange to be drawn on 
 the honourable Benjamin Franklin, minister plenipo- 
 tentiary at the court of Versailles, at ninety days 
 sight, to the amount of one hundred and fifty thousand 
 dollars, specie, the amount of the estimate from the 
 board of war. That so much thereof as will complete 
 the estimate of the board of war, be sold for specie, 
 and forwarded to the commissaries of prisoners in the 
 middle and southern departments, under the same re- 
 gulations, and for the same purposes as aforesaid : 
 the residue of the one hundred and fifty thousand dol- 
 lars to replace the seventy-one thousand three hun- 
 dred and forty [fifty] dollars aforesaid, be reserved 
 for the special direction of Congress.
 
 466 SUPPLEMENT. [April 19, 1781. 
 
 AUGUST 30, 1780. 
 Resolved, That bills of exchange on Europe be 
 prepared by the board of treasury, to be drawn on the 
 honourable Benjamin Franklin, to the amount of twen- 
 ty-nine thousand one hundred and five dollars, specie ; 
 and that the same bills be transmitted to John Brad- 
 ford, to be by him paid to John Garcia Duarti, in full 
 payment of the eighteen thousand four hundred forty- 
 one pounds thirteen shillings and four pence, due to 
 him in continental money on the 11th May, 1773. 
 
 OCTOBER 2, 1780. 
 
 To follow proceedings of September 29, 1780. Page 153. 
 
 On motion of Mr. Henry, seconded by Mr. S. 
 Adams, 
 
 Resolved, That bills of exchange be drawn on the 
 honourable Henry Laurens, to (he amount often thou- 
 sand pounds sterling, and on the honourable John 
 Jay, minister plenipotentiary of the United States, at 
 Madrid, to the amount of ten thousand pounds sterling, 
 payable at 90 days sight; and that out of said bills 
 the debt due to Messrs. Freney and company be dis- 
 charged ; and the amount of seven thousand pounds 
 sterling, advanced by Mr. W. Bingham, in part pay- 
 ment of his account as agent of the United States. 
 
 APRIL 19, 1781. 
 
 Attheendof the proceedings of April 19, 1781, p. 201, add— 
 
 " Ordered, that a copy of the foregoing report be 
 " transmitted to the general court of Massachusetts, in 
 " answer to their letter of the tenth of March last." 
 
 END OF VOL. I. 
 
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