The previous question was then moved on the main question by the state of South Carolina, seconded by the state of Massachusetts; and on the question to agree to the previous question, the yeas and nays being required by Mr. Foster,

When the question was about to be put on the resolution reported by the committee, the determination thereof was postponed by the state of NorthCarolina.

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

Resolved, That the commissioners appointed to negotiate with the Indians, shall each be allowed 6 1-2 dollars per day, for the time they shall be employed in that business, in full for their services and expenses, exclusive of their expenses at the place or places where the treaties shall be held.

On the report of a committee, consisting of Mr. Jefferson, Mr. Howell and Mr Lee, to whom was referred an additional report on Indian officers,

Resolved, That the superintendent of finance cause to be purchased a quantity of goods, to be applied in negotiating the treaty with the Indians, the amount not to exceed the sum of 15,000 dollars, including those on hand, according to an estimate, specifying kinds, quantities and qualities, to be furnished by the commissioners for negotiating the treaty.

Resolved, That the commissioners be, and they hereby are authorized and instructed, to appoint one or more suitable person or persons, with such allowance as they may think reasonable, to receive the aforesaid goods, to take charge of their transportation, to such place or places as may be pointed out by the said commissioners, and to attend to the safe keeping and issuing, agreeably to such orders as he or they may receive from the said commissioners, all goods committed to his or their care, which orders are to be produced as vouchers on the settlement of the accounts. And that the superintendent of finance furnish, to the order of the said commissioners, the sums of money necessary for carrying this resolve into execution.

Resolved, That the said commissioners be, and they hereby are authorized and directed, to make and transmit to Congress. from time to time, estimates of such additional quantities of goods, as may be found necessary in the course of their negotiations, in order that proper measures may be taken for procuring and forwarding the same.

MONDAY, March 22, 1784.

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

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

Resolved, That the determination of the question on the resolution of the committee on the letter of the 6th of November, 1783, from the legislature of New-Hampshire, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah, be postponed till to

morrow.

TUESDAY, March 23, 1784.

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

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

Resolved, That the determination of the question on the resolution of the committee on the letter of the 6th of November, 1783, from the legislature of New-Hampshire, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah, be further postponed till to-morrow.

On the report of the committee of qualifications, consisting of Mr. Sherman, Mr. Jefferson, Mr. Beatty, Mr. Chase and Mr. Williamson:

Whereas by the fifth of the articles of confederation and perpetual union of the United States, it is agreed, "that for the more convenient management of the general interest 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 recal 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,

Resolved, That the several states be requested annually to appoint their delegates to serve in Congress for one year, to commence on the first Monday in November next ensuing the time of their appointment: and when vacancies shall happen by the removal or resignation of any of the said delegates within the year, such states be requested to appoint others in their stead, to serve only for the remainder of the year; and to furnish their delegates so appointed with commissions, or other credentials, under the seal of the state, particularly specifying the time for which they are appointed.

The committee of qualifications having further reported, that Mr. Osgood was, on the 14th February, 1781, by the legislature of the state of Massachusetts, appointed a delegate for that state to Congress, from that time until the first Monday in November then next, in consequence thereof he took his seat in Congress, on the 12th day of June, 1781; that on the 25th of the said June, he was again appointed to the said office for one year, commencing the first Monday in November then next, and on the 7th of June, 1782, he was again elected for one year, to commence the first Monday of November then next, and on the 9th day of July, 1783, he was again elected for one year, to commence the first Monday in November, 1783; that he accepted the said trust under each. of the said appointments; that on the first day of March, 1781, the articles of confederation were finally ratified; whereupon, the committee are of opinion, that by the 5th article of the confederation, the said Mr. Osgood became incapable of being a delegate in Congress after the first day of March, 1784, he having been a delegate three years expiring on that day, since the final ratification of the said articles.

A motion was made by Mr. Gerry, seconded by Mr. Patridge, to postpone VOL. IV,

45

the consideration of the opinion reported by the committee, in order to take into consideration the following:

After the statement of facts as made by the committee, and adding, "but the members then in Congress, being appointed previous to and not under the articles of the confederation, and nothing appearing in the credentials of those members to authorize them to sit in two Congresses differently constituted, and it being also reasonable to conclude that the first federal year commenced the first Monday of November, 1781: Resolved, That Mr. Osgood is capable of being a delegate till the first Monday of November, 1784."

And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. Gerry,

On the question to agree to the report of the committee, the yeas and nays being required by Mr. Howell,

N-Hampshire, Mr. Foster,

Blanchard,

Maryland,
Virginia,

Mr. Chase,

ay

Massachusetts, Mr. Gerry,

no2

no

Patridge,

no

ay

Mr. Williamson,

ay

Spaight,

ay

Mr. Read,

ay

Dick,

Pennsylvania, Mr. Mifflin,

ay ay

Beresford,

ay

ay

So the question was lost.

On the report of a committee, consisting of Mr. Howell, Mr. Chase and Mr. Lee, to whom was referred a letter of September 20th, 1783, from the superintendent of finance, with sundry papers enclosed:

Resolved, That the commissioner for settling the marine accounts, govern himself by the resolutions of the 11th July, 1780, and the 12th of June, 1781, in settling the pay of the officers and men of the navy, and the depreciation

thereon.

On the report of a committee, consisting of Mr. Howell, Mr Chase and Mr. Lee, to whoin was referred a letter of 13th January, 1784, from the superintendent of finance, on the memorial of James Taylor:

Resolved, That the comptroller of accounts be, and he hereby is authorized and directed, to cause a settlement to be made of the accounts between the United States and the secret and commercial committees of Congress, and all others existing under contracts made with the said committees, according to the usual mode of settling accounts at the treasury, and to report such settlement to Congress.

WEDNESDAY, March 24, 1784.

Congress assembled: Present as yesterday.

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

Resolved, That the determination of the question on the resolution of the committee, on the letter of the 6th of November, 1785, from the legislature of New-Hampshire, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah, be postponed.

On the report of a committee, consisting of Mr. Williamson, Mr. Read and Mr. Lee, to whom was referred a letter of 1st November, 1783, from the secretary at war, concerning certain dragoons who deserted from South-Carolina, bringing off some of the best horses in the regiment, and their accoutrements: Resolved, That in consideration of the former conduct of the dragoons belonging to colonel Baylor's regiment, who deserted on May last, from SouthCarolina, and that, during the time of active and dangerous service, they had faithfully discharged their duty, their accounts shall be settled as those of other dragoons, except that they shall be charged with the horses they brought off, at the price the best remaining horse belonging to the same corps sold for in South-Carolina, and for their accoutrements, at what the officer settling those accounts may find to have been their average value.

Congress took into consideration the report of a committee, consisting of Mr. Williamson, Mr. Gerry, Mr. Tilton, Mr. Jefferson, and Mr. M'Henry, appointed to consider what reductions may be made in the civil list, and the following paragraph being under debate:

"That the office of charge des affaires, at the court of Madrid, whose salary is 4444 dollars, be discontinued."

A motion was made by Mr. Hardy, seconded by Mr. Mercer, that the consideration thereof be postponed: and on the question for postponing, the yeas and nays being required by Mr. Wadsworth,

Mr. Ephraim Paine, a delegate for the state of New-York, attended, and produced credentials under the seal of the state, by which it appears, that on the third day of February, 1784, the hon. Alexander M'Dougall, Charles De Witt, John Lansing, jun. Ephraim Paine and Walter Livingston, were, by the senate and assembly of the said state, nominated and appointed delegates to represent said state in the United States in Congress assembled for the ensuing year.

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

On motion of Mr. Blanchard, seconded by Mr. Sherman,

Resolved, That Tuesday next be assigned for a further consideration of the 1eport of the committee, on the letter of the 6th November, 1783, from the legislature of New-Hampshire, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah.

FRIDAY, March 26, 1784.

Mr. Thomas Stone, a delegate for the state of Maryland, attended, and took his seat.

Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-Jersey, Pennsylvania, Maryland, Virginia, NorthCarolina and South-Carolina; and from New-York, Mr. Paine.

SATURDAY, March 27, 1784.

Mr. Charles De Witt, a delegate for the state of New-York; and Mr. James

M'Henry, a delegate for Maryland, and Mr. Hand, a delegate for Pennsylvania, attended.

Congress assembled: Present, New-Hampshire, Massachusetts, RhodeIsland, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, North-Carolina and South-Carolina.

TUESDAY, March 30, 1784.

Congress assembled: Present as before.

The president being absent, Congress proceeded to the election of a chairman; and the ballots being taken, Mr. Thomas Jefferson was elected.

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 19th March, 1784, from the superintendent 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 circular letter to the supreme executive of the several states, which was agreed to.

According to the order of the day, Congress resumed the consideration of the report of the committee on the letter of the 6th November, 1783, from the legislature of New-Hampshire, as entered on the journal of the 21st of January last, touching the proceedings and sentence of the court of appeals in cases of capture, on the case of the brig Lusannah.

And a motion was made by Mr. Read, seconded by Mr. Hardy, to postpone the consideration of the report of the committee, in order to take into consideration the following motion:

Whereas by the ninth of the articles of confederation and perpetual union, the United States in Congress assembled, are vested with the right of establishing courts "for receiving and determining finally, appeals in all cases of captures;" and the United States in Congress assembled, having, on the day of in pursuance of such authority, accordingly appointed such court of appeals, and commissioned proper persons as judges in the same: Resolved, That it is improper for the United States in Congress assembled, in any way to reverse or control the decisions, judgments or decrees of such court of appeals:

And on the question to postpone for the purpose above mentioned, the yeas and nays being required by Mr. Foster, N-.Hampshire, Mr. Foster,

Blanchard,

So the question was lost.

no

no

no

ay

no

no

}

}

div.

10

Hand,
Mr. M'Henry,

Stone,
Chase,

Mr. Jefferson,

E

no2

no

no

}

no

ay Say

ay

no

Pennsylvania, Mr. Montgomery,

no

Maryland,

Virginia,

Hardy,
Mercer,

ay

Monroe,

div.

ay

no

N.-Carolina, Mr. Williamson,

no

no

no

ay >

no

no

no

Spaight,

S.-Carolina, Mr. Read,

On the question to agree to the resolution reported by the committee, namely, "That the said capture having been made by citizens of New-Hampshire, carried into and submitted to the jurisdiction of that state, before the completion of the confederation; while appeals to Congress in such cases were absolutely refused by their legislature, neither Congress nor any persons deriving authority from them, had jurisdiction in the said case."

The yeas and nays being required by Mr. Foster,