and by establishing a spirit of order and economy in the interior administration of the regiments; which, besides other advantages, have been productive of immense savings to the United States; that in the commands in which he has been employed, he has upon all occasions conducted himself like a brave and experienced officer: the committee are therefore of opinion, that the sa crifices and services of the baron de Steuben, justly entitle him to the distinguished notice of Congress, and to a generous compensation, whenever the situation of public affairs will admit: the committee farther report, that the baron de Steuben has considerable arrearages of pay due to him from these states on a liquidated account, and that having exhausted his resources in past expenses, it is now indispensable that a sum of money should be paid him for his present support, and to enable him to take the field another campaign, and propose that the sum of 2400 dollars be paid to him for that purpose, and charged to his account aforesaid; Whereupon, Resolved, That the foregoing proposal of the committee be referred to the superintendent of finance to take order. The committee farther observing, that from the nature of the department in which the baron de Steuben is employed, he is under the necessity of making frequent journies, by which he incurs an additional expense, and is often deprived of the allowance of forage to which he is entitled; thereupon, Resolved, That the baron de Steuben be allowed 300 dollars per month, in lieu of his extra pay and of subsistence and forage for himself and family, including wagon as well as saddle horses; and that these allowances hereafter cease. On the report of a committee, consisting of Mr. Fitzsimmons, Mr. Madison, and Mr. Rutledge, to whom were referred a letter of October the 9th, from major-general Greene, and one of the 5th, from brigadier-general Wayne, with sundry papers enclosed: Whereas brigadier-general Wayne, commanding a detachment of the army of the United States, did, as appears by his proclamation of the 9th day of August last, with the advice and approbation of the governor and executive of the state of Georgia, enter into certain articles of agreement with sundry merchants, subjects of the crown of Great-Britain, then residing in Savannah, whereby it was provided that the said merchants should be permitted to remain unmolested with their effects, and to dispose thereof to the citizens of the United States, and after having so disposed of them, to export produce of the state of Georgia, to the amount of the goods so disposed of, to the next British post, Resolved, That the convention or agreement entered into between brigadiergeneral Wayne and sundry inhabitants of the town of Savannah, subjects of the crown of Great-Britain, respecting the safety of their persons and property, and the exportation of produce of the state of Georgia, to the amount of the goods which they have or may dispose of to the citizens of the United States, to the nearest British post, be, and is hereby ratified; and that all commanders of armed vessels, in the service of the United States, or belonging to any of the inhabitants thereof, do pay due regard to the passports which have or shall be given by the governor of the state of Georgia for the purposes aforesaid. TUESDAY, December 31, 1782. Mr. Howell, a delegate for Rhode-Island, having requested that the letters of the 8th of April and 12th of August last, from Dr. Franklin to the superintendent of finance, which were read in Congress the 27th instant, be sent for; and the same being laid before Congress and read: Ordered, That the superintendent of finance lay before Congress such extracts from Dr. Franklin's letters of the 8th of April and 12th of August last, as Mr. Howell shall point out to him. On the report of a committee, consisting of Mr. Fitzsimmons, Mr. Madison and Mr. Hamilton, to whom were referred letters of the 22d and 24th from the secretary at war: Resolved, That the resolutions of the 7th of August last, so far as relates to the lines of New-Hampshire, Rhode-Island and New Jersey, be suspended till the 1st day of March next and also, as to the Pennsylvania line, so far as to retain in service only the officers necessary to the completing of three regiments. Resolved, That brigadier-general Hand be, and he is hereby continued in the office of adjutant-general. WEDNESDAY, January 1, 1783. On a report of the secretary for foreign affairs: The minister plenipotentiary of his most Christian majesty having communicated to Congress, through the secretary for foreign affairs on the 7th inst. the resolution taken to embark the army under the command of the count de Rochambeau, and on the 29th, their having actually embarked and sailed; together with his majesty's intention to direct them to return whenever an object should offer, in which they might effectually co-operate with the troops of the United States: Resolved, That the secretary for foreign affairs inform the minister of France, that though Congress cannot see without regret, the departure of an army to whose bravery and good conduct they are so greatly indebted for the reduction of the enemy's force in this country, yet that they have too much confidence in the attention of his majesty to the interests of the alliance, not to be persuaded that the order for their departure was dictated by a conviction that they could elsewhere be more usefully employod against the common enemy: That they wish him to make known to his majesty the grateful sense they entertain of his attention to their immediate interest, manifested in the important aid thus long afforded them, and in his generous determination to direct his troops to return to this country whenever circumstances will admit of an advantageous co-operation with the arms of the United States; that they desire through him, to recommend in a particular manner the count de Rochambeau and the army under his command, to the favour of his majesty, having the highest reason to be satisfied with their bravery and good conduct, and with that strict discipline to which they are indebted for the perfect harmony which has so happily subsisted between them and the soldiers and citizens of the United States. Resolved, That the president make the acknowledgments of Congress in a particular manner to his excellency the count de Rochambeau, and signify to him the high sense they entertain of the distinguished talents displayed by him with so much advantage to these states, in the most important conjunctures, as well as of the strict and exemplary discipline which have been uniformly conspicuous in the troops under his command, and which have deservedly acquired the admiration and esteem of the citizens of these states, by whom his signal services, and the delicate attention at all times paid to their private rights, will ever be held in affectionate remembrance. THURSDAY, January 2, 1783. Mr. Wilson, a delegate for the state of Pennsylvania, attended and took his seat. The superintendent of finance, having, pursuant to the order of the 31st of last month, laid before Congress copies of the letters of the 8th of April and 21st of August last, from Dr. Franklin : On the request of Mr. Howell, Ordered, That the said copies be delivered to him. FRIDAY, January 3, 1783. On the report of the secretary for foreign affairs, to whom was referred a communication from the hon. the minister plenipotentiary of France: Resolved, That the secretary for foreign affairs inform the minister of France, that Congress learn with great pleasure that the steps taken by Congress and the respective states, their constituents, in opposition to the attempts of the British court to bring about a partial negotiation, has been satisfactory to his most Christian majesty: that his majesty's conduct, in the progress of the negotiations commenced in Europe, as it has been communicated to Congress, is sufficient to inspire a just abhorrence of every act derogatory to the principles of the alliance, and serves to fortify the resolutions which his repeated acts of friendship, and a sense of their own honour and dignity, had dictated to the United States in Congress assembled, and the states they represent. The court constituted in pursuance of the 9th article of the confederation, to hear and finally determine the dispute between the states of Pennsylvania and Connecticut, respecting certain lands, having heard and adjudged the said dispute, returned to Congress their proceedings and final sentence and decree: Ordered, That in pursuance of the said articles of confederation, the proceedings and final sentence and decree of the said court, be lodged among the acts of Congress. The commission to the judges was returned with the following endorsement: "The execution of this commission appears by the schedule to the same annexed. WM. WHIPPLE, (L. S.) CYRUS GRIFFIN, (L. S.) The schedule annexed is in the words and figures following: Proceedings of the court of commissioners, holden at Trenton, in the state of New-Jersey, the 12th of November, 1782, to determine a controversy subsisting between the state of Pennsylvania and the state of Connecticut, relative to disputed territory. At a court of commissioners, holden at Trenton, in the state of New-Jersey, on the 12th day of November, in the year of our Lord 1782, agreeably to the 9th article of the confede ration, and by virtue and in pursuance of the commission and letters patent of the United States in Congress assembled, given under their seal, and dated the 28th day of August, in the year aforesaid, constituting and empowering the persons therein named, to hear and finally determine a controversy subsisting between the states of Pennsylvania and Connecticut, relative to their respective rights and claims to certain disputed lands; TUESDAY, November 12, 1782. The honorable David Brearly, and William Churchill Houston, esqrs. Proclamation for silence being made, The commission from the United States in Congress assembled, directing the sitting of the court, was read in the words following, viz. (Here follows the commission as recited in the journal of the 28th of August last.) The commissioners present took the oath prescribed by the 9th article of the confederation, and recited in the commission, before the hon. Isaac Smith, esq. one of the justices of the supreme court of judicature of the state of New-Jersey, a certificate of which was endorsed on the commission. Adjourned till to-morrow morning ten of the clock. The certificate endorsed on the commission is as follows: I, Isaac Smith, esq. one of the justices of the supreme court of judicature of the state of New-Jersey, do hereby certify, that on the 12th day of November, in the year of our Lord 1782, personally appeared before me the hon. David Brearly and William Churchill Houston, esqs. and were severally sworn well and truly to hear and determine the matter in question between the states of Pennsylvania and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, affection, or hope of reward. Dated at Trenton, the day and year above. ISAAC SMITH. WEDNESDAY, November 13, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, and not being a quorum to proceed on business, adjourned till to-morrow morning at ten of the clock. THURSDAY, November 14, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till to-morrow morning ten of the clock. FRIDAY, November 15, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till to-morrow morning ten of the clock. SATURDAY, November 16, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till Monday morning next, ten of the clock. MONDAY, November 18, 1782. The court met pursuant to adjournment, and opened in form. Present, the hon. William Whipple, Welcome Arnold, David Brearly, William Churchill Houston, and Cyrus Griffin, esquires. The hon. Mr. Whipple, Welcome Arnold, and Cyrus Griffin, esqrs. took the oath prescribed by the 9th article of the confederation, and recited in the commission, before the hon. David Brearly, esq. chief justice of the state of New-Jersey, a certificate whereof was endorsed on the commission. John Neilson, esq. was appointed clerk. The court adjourned till to-morrow morning ten of the clock. The certificate endorsed on the commission is as follows: I, David Brearly, esq. chief justice of the state of New-Jersey, do hereby certify, that on the 18th day of November, in the year of our Lord 1782, personally appeared before me the hon. William Whipple, Welcome Arnold, and Cyrus Griffin, esqrs. and were severally sworn well and truly to hear and determine the matter in question between the states of Pennsylva nia and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, affection, or hope of reward. Dated at Trenton, the day and year above. TUESDAY, November 19, 1782. DAVID BREARLY. The court met pursuant to adjournment. Present, the hon. William Whipple, president; Welcome Arnold, William Churchill Houston, Cyrus Griffin and David Brearly, esqrs. John Neilson, esq. took the oath of office as clerk of the court. Proclamation was made for all persons concerned to attend the court and be heard. William Bradford, jun. Joseph Reed, James Wilson, and Jonathan Dickinsor. Sargeant, esqrs. appearing as agents, and Henry Osborne, esq. as solicitor for the state of Pennsylvania, produced their credentials and powers as recited in the journals of Congress, in these words: [Here follows the powers as recited in the journal of Congress of the 16th of July, 1782:] Which being read, were accepted by the court, and their appearance accordingly entered for the state of Pennsylvania. Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs, appearing as agents for the state of Connecticut, produced their credentials and powers as they here follow: Be it known, that we, the governor and company of the state of Connecticut, in (L. S.) America, have authorized, constituted and appointed, and by these presents do constitute, authorize and appoint the hon. Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs. our agents, procurators and attorneys, in our name and behalf to appear, and us to represent, before the honorable court of commissioners, constituted, appointed and commissioned by the Congress of the United States, pursuant to the 9th article of confederation to be holden at Trenton, in New-Jersey, on the 12th day of November inst. and at all other times and places where said court may be holden, to hear, judge and determine the controversy subsisting between the state of Pennsylvania and the state of Connecticut, respecting the title, jurisdiction, possession and claim, to a certain territory of country, contained within the bounds and limits of the royal charter and patent of his majesty king Charles the 2d, to the governor and company of the late English colony of Connecticut, claimed by the state of Pennsylvania. And we do by these presents give and grant to our said agents and attorneys, the said Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs. or either two of them, full and ample powers of attorney and procuration, for us and in our name and stead to pursue, implead, answer and defend, in all and singular, the questions, matters and things that shall be moved, or any way come before said court, relative to the controversy aforesaid; and to solicit, move, act and transact, in all things whatsoever which shall be found requisite and fitting, on the part of us the said governor and company of the state of Connecticut, as fully and in as ample a manner as we ourselves might or could do, until final judgment shall be had and rendered in the premises. And we do hereby engage to hold good and valid in the law, what our said attorneys shall do in the premises in pursuance of the powers herein given to them, and the instructions they may, from time to time, receive from us, and to ratify and confirm the same, with power to employ counsel learned in the law as they shall judge needful. In testimony whereof, the governor has signed these our letters of attorney and procuration, and caused the seal of our state to be affixed to them. Done at Lebanon, in our said state, this first day of November, in the year of our Lord 1782, and in the 7th year of the independence of the United States of America. JONATHAN TRUMBULL. Which being read, were accepted by the court, and their appearance accordingly entered for the state of Connecticut. A motion was made by the agents for the state of Connecticut, that the petition preferred by the executive council of the state of Pennsylvania to the United States in Congress assembled, praying that a court might be appointed for deciding the controversy subsisting between the said state and the state of Connecticut, or an authentic copy thereof, should be produced and read; which after argument was over-ruled by the court. A motion in writing was then offered by the agents of the state of Connecticut, in the words following: State of New-Jersey, ss. Trenton, November, A. D. 1782. At a court of commissioners for the trial of the cause betwen the states of Connecticut and Pennsylvania, relative to the jurisdiction and property in certain lands lying west of Delaware river, within the charter boundaries of said states. The agents for the state of Connecticut, saving to themselves all advantages of other and further defence in said cause, beg leave to suggest, inform, and give the court to understand that there are many persons who are tenants, in possession of the lands in controversy, holding, improving and claiming large quantities of said land, under titles from the states of Pennsylvania and Connecticut respectively, particularly the two large companies of Delaware and Susquehanna, consisting of more than 2000 persons, many of whose people are in, possessing, improving and holding large tracts of said lands in controversy, under title from the state of Connecticut, whose titles under said states respectively will be materially affected by the decision in this case, yet have not been cited or any way legally notified to be present at said trial to defend their titles respectively, which, by the rules of proceeding in a course of justice, ought to be done before any further proceedings are had in said case; and thereupon said agents move this honorable court to cause said companies of Delaware and Susquehanna, and other tenants in possession, holding under title from either of said states, to be duly cited in some proper and reasonable manner, to appear and defend at said trial, if they see cause, before any farther proceedings are had in said cause; and of this they pray the opinion of this honorable court. After argument, the court adjourned till to-morrow ten of the clock. WEDNESDAY, November 20, 1782. The court met; present as yesterday. The court gave their opinion on the motion of yesterday, made in writing by the agents of Connecticut. That the same cannot be admitted according to the construction of the 9th article of the confederation, and the tenor and design of the commission under which they act. A motion was made by the agents for the state of Pennsylvania, in the words following: November 20, 1782. The agents of Pennsylvania, apprehending that the agents of Connecticut design to move the court to postpone or put off the determination of the cause now depending before them, do give notice to the said agents for Connecticut, in the presence of the court, that they, the said agents of Pennsylvania, will oppose any motions of that nature being made after the evidence on the part of Pennsylvania has been opened, or the merits of the cause entered upon; and if the said agents for Connecticut propose to make any such motion, the agents for Penn sylvania do express their willingness that time be given them for that purpose. WM. BRADFORD, Jun. JAMES WILSON, JOS. REED, JON. D. SARGEANT. The court adjourned till to-morrow morning ten of the clock. THURSDAY, November 21, 1782. The court met; present as before. A motion was made by the agents for the state of Connecticut, in these words: |