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military prisoners and making returns of them, take his directions from the secretary at war:

That estimates and returns from the different departments be lodged at the war office, to be examined and approved of by the secretary at war:

That the secretary at war direct the building and management of laboratories, arsenals, foundries, magazines, barracks, and other public buildings, the necessity of which he is, from time to time, to report, and the same is to be approved of by Congress :

That the secretary at war be empowered to send off expresses, and to provide guards for the safe conveyance of despatches, money and any articles necessary for the use of the army whenever it shall appear to him to be necessary :

That the care and direction of prisoners of war be vested in the secretary at war, so far as respects their safe keeping:

That the secretary at war execute all such matters as he shall be directed by Congress, and give his opinion on all such subjects as shall be referred to him by Congress; and if at any time he shall think a measure necessary to which his powers are incompetent, he shall communicate the same to Congress for their direction therein :

That all military and other officers attending upon or connected with the army of the United States be, and they are hereby required and enjoined to observe the directions of the secretary at war, in making and transmitting proper returns, and such other matters as may tend to facilitate the business of his department. On motion of Mr. Lee, seconded by Mr. Clark,

Ordered, That the under secretary of the office for foreign affairs, lay before Congress copies of Dr. Franklin's letters of the following dates, March 31st, 1778, July 22d, 1778, December 21st, 1778, and October 17th, 1779.

MONDAY, April 15, 1782. Mr. Bland, a delegate of Virginia, attended.

A motion was made by Mr. Scott, seconded by Mr. Lee, which being amend. ed to read as follows: -“Whereas his excellency John Hanson, esq. is rendered unable by sickness at present to discharge the functions of his place of president of Congress, resolved therefore, that Congress will forthwith proceed to elect one of their number by ballot, to preside only during the indisposition of the said John Hanson, esq.

Oo the question to agree to this, the yeas and nays being required by Mr.
Scott,
N-Hampshire, Mr. Livermore, no /* Pennsylvania, Mr. Montgomery,
Massachusetts, Mr. Patridge,

T. Smith,
Osgood,

ay Jay Delaware, Mr. Dickinson,. Rhode-Lland, Mr. Ellery,

Wharton,
Cornell,

Virginia,

Mr. J. Jones,
Connecticut, Mr. Law,

Madison,
Wolcott,

Bland,
New-York, Mr. Scott,

Lee,

ay) Floyd,

S.-Carolina, Mr. Middleton, Nea Jersey, Mr. Clark,

ay)
Elmer,

Georgia, Mr, Telfair,
Boudinot, no

N. W. Jones, nos"
Condict, ау)
So the question was lost.

A motion was then made by Mr. Livermore, seconded by Mr. Boudinot, in the following words ; “ That a vice-presideat be chosen by ballot, to exercise the office of vice

Vol. IV.

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president of Congress in the absence or inability of the president, until the
first day of November next; and that in case of such absence or inability, t
vice-president shall exercise all the powers of president of Congress."

On the question to agree to this, the yeas and nays being required by M
Scott,
N.-Hampshire, Mr. Livermore,

Pennsylvania, Mr. Montgomery, no 2 pe
Massachusetts, Mr. Patridge,

T. Smith,
Delaware, Mr Dickinson,

no > • Rhode Island, Mr. Ellery,

Virginia,

Mr. Bland,
Cornell,

Lee,
Connecticut, Mr. Law,

s.-Carolina, Mr. Middleton, Wolcott,

Bee, New-York, Mr. Scott, no div. Georgia, Mr. Telfair,

Floyd, New Jersey, Mr. Clark,

12:3
Elmer,
Boudinot, ay

Condict, ay)
So the question was lost.
A motion was then made by Mr. Bee, seconded by Mr. Middleton,

“ That whenever the president for the time being, shall be prevented, by sick. ness or otherwise, from attending the house, one of the members present bet chosen by ballot to act as chairman for the purpose of keeping order in the 0:0 house only, but that all official papers shall nevertheless be signed and authenticated by the president as heretofore."

On the question to agree to this, the yeas and nays being required by Mr.
Scott,
N.- Hampshire, Mr. Livermore, no > Delaware, Mr. Dickinson,
Massachusetts, Mr. Patridge,

Wharton,
Osgood,

Virginia, Mr. J. Jones,
Rhode Island, Mr. Cornell,

Madison,
Connecticut, Mr. Law,

Bland,
Wolcott,
New-York, Mr. Scott,

no > * S. Carolina, Mr. Middleton, New Jersey, Mr. Clark,

Bee,
Georgia,
Mr. Telfair,

ay ..
Boudinot,

N. W. Jones, ay ay
Condict,
Pennsylvania, Mr. Montgomery, ay

Smith,

ay
Clymer,
Atlee,

ay)
So it was resolved in the affirmative.

Congress thereupon proceeded to the election of a chairman; and, the ballotsbeing taken, the honorable D. Carroll was elected.

The under secretary in the office of foreign affairs, having, according to order, sent up copies of two letters from Dr. Franklin, one dated March 31st. 1778, and directed to the hon. Henry Laurens, esq. president of Congress ; and the other dated 22d of July, 1778, and directed to the hon. James Lovell, esq. and the same being read,

On motion of Mr. Lee, seconded by Mr. Patridge.

Ordered, That the copies of the letters froin Dr. Franklin, just read, be de-
livered to Mr. Lee.
Ordered, That Mr. Lovell have leave of absence.

TUESDAY, April 16, 1782.
A petition of John Buhler, of New Orleans, in Louisiana, a subject of his
Catholic majesty, was read; praying relief and compensation for continental
money which he received in the years 1776 and 1778, of capt. Gibson, and

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capt. Willing, and their men, in the service of the United States, and of col. D. Rogers, and his men, of the Virginia militia, and which money he has still in his possession. Oa motion of Mr. Clark, seconded by Mr. Smith,

Resolced, That the petition of John Buhler be referred to the future consideration of Congress, when they shall be more competent to judge of the propriety of making good that and other similar claims.

According to order, Congress proceeded to the consideration of the report of the committee, consisting of Mr. Boudinot, Mr. Varnum, Mr. Jenifer, Mr. T. Smith, and Mr. Livermore, to whom was re-committed a report on the ces. sions of New York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, Illinois, and Wabash companies, but came to no determination thereon.

WEDNESDAY, April 17, 1782. The committee, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Livermore, and Mr. Law, to whom was referred the letter of 31st of March, from Jonas Fay and others, together with other papers on the files relating to the same subject, received since the 20th of day August last, delivered in a report, which being read,

A notion was made by Mr. Scott, seconded by Mr. Livermore.

*That the first Tuesday in October next be assigned for the consideration of the report."

And on this question the yeas and nays were required by Mr. Scott.
The report being as follows:

That Congress on the 20th of August last, by the votes of nine states, resolved as follows: on a re-consideration of the resolution respecting the peo. ple inhabiting the New Hampshire Grants, it was altered and agreed to as follows:

It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New-York, contained in the resolutions of the 7th inst.

Resolved, That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line beginning at the north-west corner of the state of Massachusetts; thence running 20 miles east of Hudson's river, so far as the said river runs north-easterly in its general course ; thence by the west bounds of the townships granted by the late government of New Hampshire, to the river running from South-Bay to Lake Champlain ; thence along said river to Lake Champlain ; thence along the waters of Lake Champlain to la. titude 45 degrees north, excepting a neck of land between Missiskoy-Bay and the waters of Lake Champlain,” which resolution was re-considered and confirmed on the succeeding day, to wit, the 21st of the same month :

That in the opinion of your committee, the competency of Congress to enter into the above resolations was full and complete, the concurrent resolutions of the senate and assembly of the state of New York, of the 15th and 19th of November last, containing a protest against the authority of Congress in the matter notwithstanding, these concurrent resolutions in letter and in spirit, being undeniably incompatible with a legislative act of the said state of a preceding day, to wit, the 21st of October, 1779, wherein there is an absolute reference of the dispute between that state and the people of Vermont, respecting jurisdiction, to the final arbitrament and decision of Congress ; and from which alone would result to Congress all the necessary authority herein :

That on the day of the people residing in the district called Vermont, in considering the said acts of Congress of the 20th and 21st of August, did reject the propositions therein made to them, as preliminary to an acknow

ledgment of their sovereignty and independence, and admission into the fe deral union, as appears by their proceedings on the files of Congress : but, tha on a subsequent day, the aforeinentioned resolutions of the 20th and 21st a August, being unaltered and unrepealed, and the proposition therein contained in the opinion of your committee, still open to be acceded to, the said peopl did in their general assembly, on the 22d of February last, enter into the fol lowing resolution :

“ That the west bank of Connecticut river, and a line beginning at the porti west corner of the commonwealth of Massachusetts, from thence northward 20 miles east of Hudson's river, as specified in the resolutions of Congress ir August last, shall be considered as the east and west boundaries of this state

“ And that this assembly do hereby relinquish all claims and demands to and right of jurisdction in and over, any and every district of territory with out said boundary lines;"

That in the sense of your committee, the people of the said district, by the last recited act, have fully complied with the stipulation, made and required of them in the resolutions of the 20th and 21st of August, as preliminary to a recognition of their sovereignty and independence, and admission into the federal union of the states, and that the conditional promise and engagement of Congress, of such recognition and adinission, is thereby become absolute and necessary to be performed ; your committee therefore submit the following resolution :

That the district or territory called Vermont, as defined and limited in the resolutions of Congress of the 20th and 21st of August, 1781, be, and it is hereby recognized and acknowledged by the name of the state of Vermont, as free, sovereign and independent ; and that a committee be appointed to treat and confer with the agents and delegates from said state, upon the terms and mode of the admission of the said state, into the federal union.” N. Hampshire, Mr. Livermore, ay > * Pennsylvania, Mr. Montgomery, no Massachusetts, Mr. Patridge,

Smith,
Osgood,

Clymer,
Rhde-Island, Mr. Ellery,

Atlee,

ay) Cornell,

Mr. Dickinson, Connecticut, Mr. Law,

Wharton, nos
Wolcott, I nos" Maryland, Mr. Carroll, no
New-York, Mr. Scott,

Virginia, Mr. J. Jones, ay
Floyd,

Madison,
New Jersey, Mr. Clark,

Blanc,
Elmer,

Lee,
in Boudiuot, no S.-Carolina, Mr. Middleton,
Condict,

. Bee,
- Georgia,

Mr. Telfair,

N. W. Jones, nos
So it passed in the negative.
A motion was then made by Mr. Montgomery, seconded by Mr. Ellery,

“ That the third Tuesday in June next be assigned for the consideration of the report :"

On the question to agree to this motion, the yeas and nays being required by Mr. Scott, N.-Hampshire, Mr. Livermore, no ļ* \Pennsylvania, Mr. Montgomery, Massachusetts, Mr. Patridge,

Smith,

W
div.
Osgood,

Yay

Clymer,
Rhode Island, Mr. Ellery,

Atlee,
Cornell,

Delaware, Mr. Dickinson,
Connecticut, Mr. Law,

Wharton),
Wolcott,

Maryland, Mr. Carroll,
New-York, Mr. Scott, no no Virginia, Mr. J. Jones,

Madison, New Jersey, Mr. Clark,

no

Bland,
Elmer,

is.-Carolina, Mr. Middleton,

>no
Boudinot, no

Bee,
Condict, no) Georgia, Mr. Telfair

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So the question was lost.
A motion was then made by Mr. Middleton, seconded by Mr. Bee,
“ That Monday next be assigned for the consideration of the report."

On the question to agree to this, the yeas and Days being required by Mr.
Scott,
N.-Hampshire, Mr. Livermore, no > * Pennsylvania, Mr. Montgomery, no
Massachusetts, Mr. Patridge,

Smith,
Osgood,

Clymer,

no Rhode Island, Mr. Ellery,

Atlee,

noy Cornell,

Delaware, Mr. Dickinson,
Connecticut, Mr. Law,

Wharton,
Wolcott,

.Maryland, Mr. Carroll,
Neue-York, Mr. Scott, ay div. Virginia, Mr. J. Jones, no
Floyd,

Madison,
New Jersey, Mr. Clark,

Bland,
Elmer,
Boudinot,

S.-Carolina, Mr. Middleton,
Condict,

Bee,
Georgia, Mr. Telfair,

N. W. Jones,
So it passed in the negative.

THURSDAY, April 18, 1782. On a report of the secretary at war:

Resolved, That the secretary at war be directed to supply the delegates of the state of Georgia, with 200 pair of pistols, and serge sufficient for 200 pair of breeches and waistcoats, and provide for the transportation of these articles and the arins at Richmond, for which the said state is to be accountable.

The order of the day for taking into consideration the report of the committee on the cessions of New York, Virginia and Connecticut, and the petitions of the Indiana, Vandalia, Illinois and Wabash companies, being called for by the delegates for Virginia, and the first paragraph being read,

A motion was made by Mr. Lee, seconded by Mr. Bland, in the following words:

“ That the first resolve in the report under consideration be postponed till Congress shall have determined on the following motion :

" That previous to any determination in Congress, relative to the cessions of the western lands, the name of each member present be called over by the secretary, that on such call, each member do declare upon his honour, whether he is, or is not personally interested directly or indirectly in the claims of any company or companies, which have petitioned against the territorial rights of any one of the states, by whom such cessions have been made, and that such declaration be entered on the journals.”

A motion was made by Mr. Clark, seconded by Mr. Ellery, to strike out the words “till Congress shall have determined on the following motion :"

And on the question, shall those words stand ? the yeas and nays being re-
quired by Mr. Bland,
N.- Hampshire, Mr. Livermore, av } Pennsylvania, Mr. Montgomery,
Marsachusetts, Mr. Patridge,

Smith,
Osgood,

Clymer,
Rhode-Island, Mr. Ellery,

· Atlee,
Cornell,
Maryland, Mr. Carroll,

ay >* Conecticut, Mr. Law,

Virginiu,

Mr. Jones,
Wolcott,

Madison, ay ay New-York, Mr. Scott,

Bland,

ay ay Floyd,

Lee,
New Jersey, Mr. Clark,

S.-Carolina, Mr. Middleton,
Elmer,
Boudinot,

no Georgia, Mr. Telfair,
Condict,

N. W. Jones, ay ay .

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