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act, certain officers claim half-pay to the end of the war, and the commutation for half-pay from that period during life. On which the committee observe, that the half-pay first mentioned, was promised as a temporary support to such officers as should be re-appointed by their respective states, and to none besides; and that all other continental officers who have been prisoners with the enemy, and deranged, are entitled to one year's pay, and nothing besides. That such was the intention of Congress, is explained by the subsequent acts of May 22d 1779, and May 26th 1781. There is no act under which those officers can claim the commutation for half-pay. It is provided by a resolve of the 28th June, 1782, "that there shall be such additional pay and emoluments to the pay of captains and subalterns serving as aids-de-camp to major and brigadier-generals, and to brigade-majors, as shall make their pay and emoluments equal to the pay and emoluments of a major in the line of the army." Under this resolution, certain aids and brigade-majors, who are captains or subalterns in the line, claim commutation equal to that of a major in the line. This claim appears for sundry reasons to be ill founded. The offices which those gentlemen held out of the line, were temporary, and the additional pay and emoluments were certainly promised to them while they continued to serve in those offices, and no longer. If they are supposed to found their claim to the commutation of a major, under the head of additional emoluments, their claim must be ill founded: for it is clear from the terms of the resolution, that pay and emoluments do not signify the same thing, but the commutation is the substitute for pay alone or half-pay, and not for rations nor any other emolument. On the whole, the committee are of opinion, that the pay-master general, in settling the accounts of the army, in all claims which may be brought for halfpay or commutation, should be determined by the act of the 26th of January, 1784."

Resolved, That Congress agree to the said report.

On motion of Mr. Gerry, seconded by Mr. Howell,

Ordered, That attested copies of the proceedings of Congress of the 1st of November last, for procuring a full representation in Congress, be forthwith transmitted to the supreme executives of the respective states.

THURSDAY, February 12, 1784.

Five states only attending; viz. Massachusetts, Rhode-Island, Connecticut, North-Carolina and South-Carolina; and from the state of Pennsylvania, Mr. Mifflin; from Delaware, Mr. Tilton; from Maryland, Mr. Chase, and from Virginia, Mr. Monroe; the president adjourned Congress till ten o'clock to

morrow.

FRIDAY, February 15, 1784.

Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Virginia, North-Carolina and South-Carolina; and from the state of New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton; and from Maryland, Mr. Chase.

MONDAY, February 16, 1784.

Five states only attending; viz. Massachusetts, Rhode-Island, Connecticut, Pennsylvania and Virginia; and from the state of New-Hampshire, Mr. Foster; from New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton; from Maryland, Mr. Chase; from North-Carolina, Mr. Williamson; and from South-Carolina, Mr. Beresford; the president adjourned Congress till ten o'clock to-morrow,

TUESDAY, February 17, 1784.

Six states only attending; namely, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Virginia and South-Carolina; and from the state of NewHampshire, Mr. Foster; from New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton; from Maryland, Mr. Chase, and from North-Carolina, Mr. Williamson; the president adjourned Congress till ten o'clock to-morrow.

VOL. IV.

48

WEDNESDAY, February 18, 1784.

Six states only attending; namely. Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Virginia and South-Carolina; and from the state of NewHampshire, Mr. Foster; from Maryland, Mr. Chase, and frora North-Carolina, Mr. Williamson; the president adjourned Congress till ten o'clock to-morrow. THURSDAY, February 19, 1784.

Six states only attending; viz. Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Virginia and South-Carolina; and from the state of New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton; from Maryland, Mr. Chase, and from North-Carolina, Mr. Williamson; the president adjourned Congress till ten o'clock to-morrow.

FRIDAY, February 20, 1784.

The same states only and the same members attending as yesterday; the president adjourned Congress till ten o'clock to-morrow.

SATURDAY, February 21, 1784.

Only the same states and same members attending as yesterday; the president adjourned Congress till ten o'clock on Monday.

MONDAY, February 23, 1784.

Six states only attended; namely, Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Virginia and North-Carolina; and from the state of NewHampshire, Mr. Foster; from New-Jersey, Mr. Beatty; from Maryland, Mr. Chase, and from South-Carolina, Mr. Read.

Mr. Abiel Foster delivered in credentials of his appointment, certifying, that on the 26th of December last, he was appointed a delegate to represent the state of New-Hampshire in Congress, until the first Monday in November

next.

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

TUESDAY, February 24, 1784.

Congress assembled: Present. Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Virginia, North-Carolina and South-Carolina; and from the state of New-Hampshire, Mr. Foster; from New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton, and from Maryland, Mr. Chase.

On motion of Mr. Beatty, seconded by Mr. Read,

Resolved, That the instruction of the 22d January last, to the superintendent of finance, in favor of certain foreign officers, be considered by him as extend ing, and it is hereby extended to major Anthony Selin, late of general Hazen's regiment.

On the report of a committee, consisting of Mr. Lee, Mr. Sherman and Mr. Read, to whom was referred a letter of 31st January, from the governor of the state of New - York,

Resolved, That the president inform the governor of the state of New-York, in answer to his letter of 31st January, 1784, that nine states not having been represented, but for a few days since the adjournment of Congress to this place, the arrangement of garrisons for the western and northern posts has not been entered upon, nor can it be considered till the states become more attentive to keeping up a full representation in Congress.

The order of the day being called for, to elect an under secretary in the office for foreign affairs, and a deputy secretary, Congress proceeded to an election, but not coming to a choice,

Ordered, That the order for electing an under secretary and a deputy secretary, be postponed.

WEDNESDAY, February 25, 1784.

Mr. Samuel Dick, a delegate for New-Jersey, attended.

Congress assembled : Present, Massachusetts, Rhode-Island, Connecticut,

New-Jersey, Pennsylvania, Virginia, North-Carolina and South-Carolina; and from the state of New-Hampshire, Mr. Foster; from Delaware, Mr. Tilton, and from Maryland, Mr. Chase.

The order for electing an under secretary in the office for foreign affairs, and a deputy secretary, was taken up, but Congress not coming to a choice, On motion of Mr. Read, seconded by Mr. Montgomery,

Resolved, That the order for electing an under secretary in the office for foreign affairs, and a deputy secretary, be postponed till Tuesday next. On motion of Mr. Gerry, seconded by Mr. Read,

Resolved, That Friday next be assigned for electing a secretary for foreign affairs.

On motion of Mr. Williamson, seconded by Mr. Montgomery,

Resolved, That the superintendent of finance take order for advancing to captain Gosselin, captain Olivie and captain Leibert, Canadian officers, severally 100 dollars on account of pay.

THURSDAY, February 26, 1784.

Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, New-Jersey, Pennsylvania, Virginia, North-Carolina and South-Carolina; and from the state of New-Hampshire, Mr. Foster; from Delaware, Mr. Tilton, and from Maryland, Mr. Chase.

On motion of Mr. Gerry, seconded by Mr. Williamson,

Resolved, That a standing committee of qualifications be appointed to ex amine the commissions or credentials of the members that are or may be in Con gress till the first Monday of November next, and to report thereon, from time to time, to Congress.

On motion of Mr. Foster, seconded by Mr. Beatty,

Resolved, That the resolution of yesterday, directing the superintendent of finance to take order for advancing to several Canadian officers, 100 dollars each, on account of pay, be, and it hereby is extended to lieutenant Germaine Dreme of the same corps.

On the report of a committee, consisting of Mr. Tilton, Mr. Monroe and Mr. Wadsworth, to whom was referred a motion of Mr. Howell,

Resolved, That it be recommended to the state of Rhode-Island and Providence Plantations, to make good the depreciation of the monthly pay of Samuel Sanford, late an ensign in colonel Moses Hazen's regiment, agreeably to the resolution of April 20, 1781.

FRIDAY, February 27, 1784.

Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, New-Jersey, Pennsylvania, Virginia, North-Carolina and South-Carolina ; and from the state of New-Hampshire, Mr. Foster; from Delaware, Mr. Tilton, and from Maryland, Mr. Chase.

On motion of Mr. Read, seconded by Mr. Osgood,

Whereas the United States in Congress assembled, are well informed, and entertain a just sense of the great bravery, intelligence, zeal and activity manifested during the course of the late war with Great-Britain, by brigadiergeneral Armand, marquis de Rouerie, in the service of the United States: And whereas it also appears by a letter from the late commander in chief, dated at Philadelphia, 15th December, 1783, addressed to the said general Armand, that, superadded to general merit for good conduct, vigilance and bravery, general Armand has, in a variety of instances, particularly signalized himself as an excellent officer and great partizan, and frequently rendered the United States very valuable services.

Resolved, That the president write a letter to general Armand, marquis de la Rouerie, expressive of the high sense Congress are impressed with, of the services he has rendered the United States, in the course of the late war with Great-Britain, and of the entire approbation the United States in Congress as

sembled, entertain of his bravery, activity and zeal, so often evidenced in the cause of America.

According to the order of the day, Congress proceeded to the election of a secretary for foreign affairs, but not agreeing in the choice,

Resolved, That the order for electing a secretary for foreign affairs, be postponed till Monday next.

A motion was made by Mr. Gerry, seconded by Mr. Sherman, in the words following:

Whereas on the 4th day of June last Congress resolved, "That the secretary of Congress be directed to receive the papers of the office for foreign affairs into his care, till a successor to Mr. Livingston be appointed; and that the next Wednesday (which then ensued) be assigned for the election of a secretary of the department of foreign affairs :" And whereas the secretary of Congress has, in consequence of the said resolve, received cases without examining their contents, supposed to contain the said papers, and also the books of the office of foreign affairs, and informs Congress that he has kept the said cases locked and sealed to the present period. And whereas Congress have not hitherto been able to unite in the election of a principal or a deputy for the said department, and if cannot be conceived, neither does the resolution import, that the members of this house, who have a constitutional right to a free access to all the books and files of Congress, should, under such circumstances, or under any pretence whatever, be deprived of the perusal of those important documents; it is therefore Resolved, That the secretary of Congress be directed forthwith to cause a list to be taken of the books and papers of the office of foreign affairs, received by him, pursuant to a resolve of the 4th of June last, and that any member of Congress shall have access to the same, agreeable to the regulations prescribed for the department of foreign affairs.

A motion was made by Mr. Jefferson, seconded by Mr. Read, to strike out the words," and whereas the secretary of Congress, &c. down to "period," inclusive, and on the question, shall those words stand? the yeas and nays being required by Mr. Gerry,

N-Hampshire, Mr. Foster,
Massachusetts, Mr. Gerry,

ay
ay

Pennsylvania, Mr. Mifflin,

ay div.

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ay Say

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Mr. Jefferson,

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Rhode-Island, Mr. Ellery,

Howell,

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Hardy,

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Wadsworth,

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Mr. Read,

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Beresford,

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So the question was lost, and words were struck out. A motion was then made by Mr. Jefferson, seconded by Mr. Read, to strike out the words, "neither does the resolution import ;" and the question being put, shall those words stand? Passed in the negative, and the words were struck out. A motion was then made by Mr. Read, seconded by Mr. Tilton, that the further consideration of the motion be postponed till Tuesday next.

Mr. Howell desiring that the motion be divided, and a question taken on the first part, as far as "postponed," inclusive. On the question to agree to the motion, that the further consideration of the motion be postponed, the yeas and nays being required by Mr. Read,

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N.-Carolina, Mr. Williamson,

Spaight,

So the question was lost.

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On the question to agree that the further consideration of the motion be postponed till Tuesday next, the yeas and nays being required by Mr. Read, N-Hampshire, Mr. Foster, no > ⭑ Pennsylvania, Mr. Mifflin, Massachusetts, Mr. Gerry,

Patridge,
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Rhode Island, Mr. Ellery,

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Montgomery,

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On the question to agree to the motion as amended, the yeas and nays being

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Mr. Jonathan Blanchard, a delegate for the state of New-Hampshire, attended, and produced credentials, by which it appears, that on the 26th of December last, he was duly appointed to represent that state in the Congress of the United States, until the first Monday in November next.

Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-Jersey, Pennsylvania, Virginia, North-Carolina and South Carolina; and from the state of Delaware, Mr. Tilton, and from Maryland, Mr. Chase.

A letter, of 31st January, from J. Bartlett, President P. T. state of NewHampshire, was read, and also an enclosed copy of an act passed by the said state, January 1st and 2d, 1784, entitled "an act for granting to the United States in Congress assembled, certain imposts and duties upon foreign goods imported into this state, and for the purpose of paying the principal and interest of the debt contracted in the prosecution of the late war with Great-Britain.” A petition of col. George Morgan, being read in the words following:

TO THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. The petition of colonel George Morgan, agent for the state of New-Jersey, respectfully sheweth; that a controversy now subsists between the said state, and the commonwealth of Virginia, respecting a tract of land called Indiana, lying on the river Ohio, and being within the United States. That your petitioner and others, owners of the said tract of land, labor under grievances from the said commonwealth of Virginia, whose legislature have set up pretentions thereto: that in consequence of instructions from the legislature of New-Jersey, to their delegates in Congress, anno 1781, and the petitions of Indiana proprietors, anno 1779, 1780 and 1781, a hearing was obtained before a very respectable committee of Congress, who, after a full and patient investigation of the matter, did unanimously report, as will appear on reference to their printed journals, for May, 1782, page 364, "that the purchase of the Indiana company, was made bona fide for a valuable consideration, according to the then usage and custom of purchasing lands from the Indians, with the knowledge, consent and approbation of the crown of Great-Britain, and the then governments of New-York and Virginia." That notwithstanding this report, the state of Virginia still continues to claim the lands in question, to the great injury of your petitioner and others. That your petitioner in behalf of himself and the other proprietors of the said tract of land, applied to the said state of New-Jersey, of

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