for their use in the state of South-Carolina, which they wish may be so secured to their tribe as not to be intruded into by force, nor alienated even with their own consent; Whereupon, Resolved, That it be recommended to the legislature of the state of SouthCarolina, to take such measures for the satisfaction and security of the said tribe as the said legislature shall in their wisdom think fit. Ordered, That in consideration of the fidelity of the said tribe in the cause of the United States, the secretary at war make the said two deputies presents, not exceeding the value of 200 dollars. On motion of Mr. Duane, seconded by Mr. Witherspoon, Resolved, That the several matters now before Congress be referred over and recommended to the attention of the United States in Congress assembled, to meet at this place on Monday next. MONDAY, November 4, 1782. The following members attended, from Mr. John Hanson, Mr. Abner Nash, Hugh Williamson, Their credentials being read, the states proceeded to the election of a president; and the ballots being taken, the hon. Elias Boudinot was elected. On motion of Mr. Duane, seconded by Mr. Izard, Resolved, That the thanks of Congress be given to the hon. John Hanson, late president of Congress, in testimony of their approbation of his conduct in the chair, and in the execution of public business. On the report of the secretary at war, to whom was referred a motion of Mr. Williamson, respecting the North-Carolina troops : Resolved, That the commander of the southern army be instructed to retain, in the public service, so many of the late 18 month's drafts, of the state of North-Carolina, as he shall think the public safety may require; and that a proportionate number of officers shall be continued in full pay, for the command of those troops, while they are in the field, the resolution of the 7th of August, notwithstanding; and that they then retire on the same principles or emoluments on which they would have retired had not the operation of the said resolve been suspended. TUESDAY, November 5, 1782. On motion of Mr. Howell, seconded by Mr. Osgood, Resolved, That all committees appointed by the last Congress, and having business before them, be, and they are hereby, authorized to proceed in the same, and that they make report as soon as may be. The credentials of the delegates of New-Jersey, were read; by which it appears, that at a joint meeting of the council and assembly at Trenton, on the 30th of October, 1782, the hon. E. Boudinot, A. Clark, J. Elmer, S. Condict, and Frederick Frelinghuysen, were elected, and any two or more of them empowered to represent and vote in behalf of that state in the Congress of the United States of America, from the 5th of November, 1782, to the 5th of No vember, 1783, unless a new appointment shall sooner take place. Ordered, That the secretary at war lay before Congress, as soon as may be, a particular state of the invalid corps. On the report of a committee, consisting of Mr. Montgomery, Mr. Bland, Mr. Carroll, Mr. Dyer, and Mr. Witherspoon, to whom were referred a letter of the 16th of September last, from gov. Clinton, a deposition of Joel Bigelow, and a memorial of Charles Phelps, with sundry papers therein enclosed and referred to: Congress took into consideration the report of the committee, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Livermore, and Mr. Law, as entered on the journal of the 17th of April last; and the resolution proposed by this committee being read and debated, A motion was made by Mr. Howell, seconded by Mr. Dyer, to postpone the consideration of the resolution proposed by the committee, in order to consider the following proposition : "That the preliminary required of the people, inhabiting the territory called Vermont, by a resolve of the 20th August, 1781, as indispensably necessary to the recognition of their independence, has been complied with on their part." A division was called for, and on the question to postpone the consideration of the resolution proposed by the committee, and the yeas and nays being required by Mr. Duane, On the report of the committee, consisting of Mr. Rutledge, Mr. Osgood, Mr. Montgomery, Mr. Boudinot and Mr. Duane, to whom were referred the letter of the 19th of August from the commander in chief, the report of a committee thereon, and motions of Mr. Williamson and Mr. Rutledge relative thereto, and also another letter of the 25th of October, from the commander in chief, with a copy of a letter to him from the count de Vergennes, dated 29th of July last, interceding for captain Asgill: Resolved, That the commander in chief be, and he is hereby directed to set captain Asgill at liberty. FRIDAY, November 8, 1782. On motion of Mr. Madison, seconded by Mr. Dyer, Resolved, That the commander in chief be instructed to call, in the most pointed terms, on the British commander at New-York, to fulfil his engagement contained in his letter of the 13th day of August last, "to make further inquisition into the murder of captain Huddy, and to pursue it with all the effect which a due regard to justice will admit." A motion was made by Mr. M'Kean, seconded by Mr. Duane, in the words following: "To prevent any misconstruction which might arise from the preceding resolutions of Congress: Be it declared, and it is hereby declared, that the commander in chief or the commander of a separate army, is, in virtue of the powers vested in them re spectively, fully authorized and empowered, whenever the enemy shall commit any act of cruelty or violence contrary to the laws or usage of war, to demand adequate satisfaction for the same, and in case such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation to be forthwith made, and the United States in Congress assembled, will support them in such measures." A motion was made by Mr. Howell, seconded by Mr. White, to postpone the consideration of the motion. And on the question for postponing, the yeas and nays being required by Mr. Blount, So it passed in the negative. A motion was then made by Mr. Howell, seconded by Mr. Madison, to strike out the preamble. And on the question, shall it stand? the yeas and nays being required by Mr. Williamson, N-Hampshire, Mr. Gilman, White, Massachusetts, Mr. Osgood, * no Virginia, Mr. Madison, no Connecticut, Mr. Dyer, * ay Bland, div. ay ay L'Hommedieu, ay ay Blount, ay ay New-Jersey, Mr. Boudinot, ay ay Pennsylvania, Mr. Smith, Clymer, ay ay Gervais, So the question being lost, the preamble was struck out. A motion was made by Mr. M'Kean, seconded by Mr. Duane, to introduce the declaration with the following preamble: "To prevent any misconstruction which may arise from the resolution di recting captain Asgill to be set at liberty." And on the question to agree thereto, the yeas and nays being required by Mr. Smith, On the question to agree to the motion as amended, the yeas and nays being required by Mr. Blount, So it was resolved in the affirmative, as follows: To prevent any misconstruction which may arise from the resolution directing captain Asgill to be set at liberty, be it declared, and it is hereby declared, that the commander in chief, or commander of a separate army, is, in virtue of the powers vested in them respectively, fully authorized and empowered, whenever the enemy shall commit any act of cruelty or violence contrary to the laws or usage of war, to demand adequate satisfaction for the same; and in case such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation to be forthwith made; and the United States in Congress assembled, will support them in such measures. TUESDAY, November 12, 1782. On the report of the committee, consisting of Mr. Osgood, Mr. Izard, Mr. Bland and Mr. Duane, appointed to consider and report the most just and practicable means of reducing the expenditures of the United States; and to whom was referred a report of the secretary at war, respecting colonel Humphreys: Resolved, That a commission of lieutenant-colonel issue to David Humphreys, one of the aids-de-camp to the commander in chief, to bear date from the 23d of June, 1780. Whereas no provision has been made by Congress for the geographers to the armies of the United States; therefore, Resolved, That the geographer to the main army, and the geographer to the southern department, be each of them allowed 60 dollars per month, three rations per day, forage for two saddle horses, one two-horse covered wagon, 6 2-Sd dollars per month for a servant, for whom they shall be entitled to draw one ration per day, and the clothing allowed to a private soldier. That the assistant geographers, if such officers shall be judged necessary by the commander in chief, be allowed 30 dollars per month, one ration per day, and forage for one saddle horse. That when chain-bearers shall be employed, not being soldiers, they shall each be allowed half a dollar per day. THURSDAY, November 14, 1782. The committee, consisting of Mr. Rutledge, Mr. Osgood and Mr. Howell, to whom was referred part of the report of a committee on governor Clinton's letter of the 16th of September, and petitions of Charles Phelps, William Shattuck and Henry Evans; report, That the measures complained of in the papers above mentioned, were probably occasioned by the state of New-York having lately issued commissions, both civil and military, to persons resident in the district called Vermont; and therefore the committee submit the following resolves : 1st. That it be recommended to the state of New-York to revoke all commissions, either civil or military, which have been issued by the said state since the month of May last, to persons residing in the district called Vermont, as de scribed in the resolves of the 7th and 20th of August, 1781. VOL. IV. 14 2d. That it be recommended to the persons exercising the powers of government within the said district, to make full and ample satisfaction to Charles Phelps, William Shattuck, and Henry Evans, and to all others in a similar predicament, for the damages which they have sustained in person and property, in consequence of the measures taken against them in the said district, and to suffer them to return to their habitations, and to remain unmolested in the district aforesaid. Sd. That it be recommended to the state of New-York, and to the persons exercising the powers of government within the district aforesaid, to adhere to the recommendations of Congress contained in their resolve of September 24, 1779, until a decision shall be had by Congress on the subject referred to them by the said state of New-York and the said district of Vermont. On the question to agree to the first resolution, the yeas and nays being required by Mr. Duane, no no >* no So the question was lost. A motion was then made by Mr. Duane, seconded by Mr. L'Hommedieu, that the second resolve be committed; and on the question for commitment, the yeas and nays being required by Mr. Howell, div. Maryland, Virginia, Mr. Madison, ay > Mr. Williamson, no ay Howell, no Blount, ay ay Mr. Rutledge, no New-Jersey Mr. Boudinot, ay Gervais, ay A motion was then made by Mr. M'Kean, seconded by Mr. Duane, that the remainder of the report be postponed, on which the yeas and nays being required by Mr. Howell, N-Hampshire, Mr. Gilman, White, Massachusetts, Mr. Osgood, Howell, no по Blount, ay ay L'Hommedieu, ay ay Mr. Rutledge, no Izard, ayay ay So the question was lost; Whereupon, an adjournment was called for and agreed to. MONDAY, November 18, 1782. Mr. Fitzsimmons and Mr. Peters, two delegates for Pennsylvania, attended and produced their credentials, by which it appears that the hon. Thomas Mifflin, Thomas Fitzsimmons, James Wilson, John Montgomery and Richard Peters, esqrs. were on the 12th inst. duly elected delegates to represent that state in Congress. |