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at a general election held at New port, within and for the said state, on the 1st Wednesday in May, he was chosen to represent the said state in the Congress of the United States of America, for one year, and until another shall be sent forward to take his place.

On a report from the war-office, on a letter from lieutenant Levacher de Vanbrun, requesting leave to revisit his native country:

Resolved, That a furlough for ten months be granted to lieutenant Levacher de Vanbrun, for the purpose of revisiting his native country.

WEDNESDAY, June 12, 1782.

Dr. J. Witherspoon, a delegate of the state of New-Jersey, attended, and produced his credentials, by which it appears, that on the 30th of May last, at a joint meeting of the council and assembly of the said state, he was elected to represent that state in Congress until the 5th day of November next. On a report of a committee consisting of Mr. B. Huntington, Mr. Boudinot, and Mr. Wright, to whom was referred a report of the superintendent of finance, as agent of marine :

Resolved, That for the future, a marine court of enquiry or court-martial for enquiring into or trying of all capital cases, shall consist of at least five commissioned navy and marine officers, two of whom shall be captains, and in all cases not capital it shall consist of three such officers, one of whom shall be a captain in the navy of the United States:

That any captain in the navy of the United States be, and hereby is authorized to appoint a court-martial for the trial of offences committed by any other than a commissioned officer; provided that no warrant officer be thereby cashjered, without the confirmation of the proceedings of such court by the secretary or agent of marine or other person doing the duty of that office:

That where a court of enquiry or court-martial is to be appointed for enquiring into the conduct of or for trying a commissioned officer, the same shall be done by the secretaty or agent of marine or other person doing the duty of that office: provided always, that no sentence of a court-martial, on a capital offence, shall be executed until approved by the agent of marine, or other person doing duty in that office.

FRIDAY, June 14, 1782.

The committee, consisting of Mr. Cornell, Mr. Osgood, and Mr. Bland, to whom was referred a memorial of Dr. N. Noel, claiming to have been in the service of the United States until the first of October, 1780, and soliciting pay, report,

"That upon duly considering the said memorial and the resolutions of the 15th of October, the 7th and 14th of November, 1777, they are of opinion, that if nothing further appeared to operate against the claim of the memorialist than what is contained in the said resolutions, he is precluded from any demands against the United States. But when the committee consider that the memorialist, upon receipt of the sums specified in the resolutions of November above-mentioned, considering himself no longer in the service of the United States by virtue of his commission of surgeon, dated September, 1777, on which he grounds his claim, immediately repaired to Boston and accepted an appointment in the navy, and obtained a warrant dated January 1st, 1778, and when they consider farther that whatever might have been his intention, the memorialist's acceptance of the latter appointment, did by virtue of the resolution of the 18th of September, 1776, vacate the former commission and appointment, the committee are clearly of opinion, that the memorial of Dr. Noel ought to be dismissed."

The report being read:

Resolved, That Congress agree to the said report.

On the report of a committee, consisting of Mr. Scott, Mr. Boudinot, and Mr. Ramsay, to whom was referred a letter of the 6th of June, from general Washington, with sundry papers relative to his proceedings in consequence of the resolution of the legislature of South-Carolina of the 14th of February, 1782, which was referred to him on the 3d of April last, Congress came to the following resolution:

Whereas British officers, commanding in South-Carolina, compelled many of the inhabitants thereof to leave that state, who by the capitulation of Charleston had a right to remain at their homes: and whereas, it is just and reasonable, agreeably to the usages of war among civilized nations, that persons so sent off should be returned with their servants and baggage at the expense of the power so sending them off: and whereas, on the requisition of general Washington, in consequence of a resolution of the legislature of the state of South-Carolina referred to him by Congress, sir Guy Carleton has agreed to furnish transports and flags at the expense of the king of Great-Britain, for the conveyance of the said inhabitants to any post general Washington may be pleased to point out; therefore,

Resolved, That the secretary at war be directed to obtain lists of the names of the persons referred to in the resolution of the assembly of South-Carolina, and of the posts to which they choose to be reconveyed, and transmit the same to the commander in chief.

MONDAY, June 17, 1782.

On the report of a committee, consisting of Mr. Madison, Mr. Witherspoon, Mr. Izard, to whom was referred a motion of Mr. Madison, Congress agreed to the following resolution:

It being expedient, as well for the justification of such of the principals of the civil departments immediately under Congress, who duly administer the same, as for the more certain detection of such as may violate in any manner the important trusts consigned to them, that periodical and exact enquiries into their respective administrations be instituted: it is hereby

Resolved, That on the first Monday in July and the first Monday in January in every year, five committees composed each of five members, shall be appointed; which committees shall have it in charge to enquire fully, one of them, into the proceedings of the department of finance, including the several branches of the same; another into the proceedings of the department of foreign affairs; another of the department of war; another of the department of marine; another of the post office; and to report the result of their respective enquiries to Congress.

WEDNESDAY, June 19, 1782.

On the report of a committee, consisting of Mr. Bland, Mr. McKean, and Mr. Wright, to whom was referred a letter of the 17th from E. Hazard, postmaster general, giving information that the southern post was robbed of his mail, on Sunday the 16th, within five miles of Harford, in the state of Maryland: Resolved, That the executives of the states of New-Jersey, Pennsylvania, Delaware and Maryland, be, and they are hereby requested to pursue the most likely measures, by offering proper rewards, at the expense of the United States, and otherwise, for recovering the mail, and bringing the robbers to due punishment.

THURSDAY, June 20, 1782.

Mr. John Taylor Gilman, a delegate for the state of New-Hampshire. attended and produced his credentials, by which it appears that on the 15th of January, 1782, he was appointed by the legislature to represent that state unti the first day of November next.

On the report of the secretary, to whom were referred the several reports on the device for a great seal, to take order:

The device for an armorial achievement and reverse of the great seal for the United States in Congress assembled, is as follows:

ARMS. Paleways of thirteen pieces, argent and gules; a chief, azure; the escutcheon on the breast of the American eagle displayed proper, holding in his dexter talon an olive branch, and in his sinister a bundle of thirteen arrows, all proper, and in his beak a scroll, inscribed with this motto, “E pluribus Unum.”

For the CREST. Over the head of the eagle, which appears above the escutcheon, a glory, or, breaking through a cloud, proper, and surrounding thirteen stars, forming a constellation, argent, on an azure field.

REVERSE. A pyramid unfinished. In the zenith, an eye in a triangle, surrounded with a glory proper. Over the eye these words, "Annuit Coeptis." On the base of the pyramid the numerical letters MDCCLXXVI. And underneath the following motto, "Novus Ordo Sectorum."

FRIDAY, June 21, 1782.

On the report of a committee, consisting of Mr. Madison, Mr. Lowell, Mr. Scott, Mr. Wharton, and Mr. Witherspoon, to whom was re-committed their report on a motion of Mr. Madison, Congress passed the following act.

Whereas the enemy, having renounced the hope of accomplishing their designs against the United States by force alone, are resorting to every expedient which may tend to corrupt the patriotism of their citizens, or to weaken the foundation of the public credit: and in pursuance of this policy, are encouraging, to the utmost, a clandestine traffic between the inhabitants of this Country and those who reside within the garrisons and places therein, now in their possession; and whereas some of the said inhabitants, prompted either by a sordid attachment to gain, or by a secret conspiracy with the enemies of their country, are wickedly engaged in carrying on this illicit traffic, whereby a market is provided for British merchandises, the circulating specie is exported from the United States, the payment of taxes rendered more difficult and burthensome to the people at large, and great discouragement occasioned to honest and lawful commerce :

Resolved, That it be and hereby is recommended to the legislatures of the several states, to adopt the most efficacious measures for suppressing all traffic and illicit intercourse between their respective citizens and the enemy.

Resolved, That the legislatures, or in case of their recess, the executives of the several states, be earnestly requested to impress, by every means in their power, on their respective citizens at large, the baneful consequences apprehended by Congress from a continuance of this illicit and infamous traffic, and the necessity of their co-operating with the public measures by such united, patriotic and vigilant exertions as will detect and bring to legal punishment those who shall have been in any manner concerned therein.

On the report of a committee, consisting of Mr. Bland, Mr. Osgood, and Mr. Ramsay, appointed to confer with the superintendent of finance and secretary at war, on the practicability and means of procuring supplies for the southern army by contracts :

Resolved, That the secretary at war institute an immediate enquiry into the reasons which have delayed the arrival of clothing and other necessaries which have already been provided and sent on to the southern army; and that he take every step in his power to discover the causes of delay, embezzlement, and other circumstances which have so frequently arrested the supplies for the southern army, and report thereon to Congress.

Ordered, That the superintendent of finance report to Congress the causes which have prevented the southern army being supplied by contracts.

MONDAY, June 24, 1782.

Mr. Duane, a delegate for New-York, attended and took his seat in Congress.

On a report from the secretary at war, to whom was referred a memorial of col. James Livingston:

Resolved, That col. James Livingston be permitted to draw from the contractors at Albany daily, five rations of provisions for the support of himself and family, an account of which shall be transmitted by the comptroller to the war office, that he may be charged with such supplies.

This being the day assigned for the appearance of the states of Pennsylvania and Connecticut, by their lawful agents, in pursuance of the notice transmitted to them agreeably to the resolution of the 14th of November last :

The state of Pennsylvania appeared by William Bradford, Joseph Reed, James Wilson, and Jonathan Dickinson Sergeant, esquires, counsellors and agents, and Henry Osborne, esq. solicitor, who produced their credentials, which were read in the words following, viz.

In the name and by the authority of the freemen of the commonwealth of Pennsylvania, his excellency William Moore, esq. president, and the supreme executive council of the said commonwealth:

To William Bradford, esq. attorney general of the said commonwealth, Joseph Reed, James Wilson, Jonathan Dickinson Sergeant, and Henry Osborne, esqrs.

"We reposing especial trust and confidence in your prudence, integrity and abilities, do by these presents constitute and appoint you the said William Bradford, Joseph Reed, James Wilson and Jonathan Dickinson Sergeant, to be our counsellors and agents, and you the said Henry Osborne, to be our solicitor, in the cause now pending before the United States of America in Congress assembled, between the said commonwealth of Pennsylvania and the state of Connecticut, hereby ratifying and confirming all and whatsoever you our said counsellors, agents and solicitor shall lawfully do or cause to be done, touching or concerning the said cause between the said states of Pennsylvania and Connecticut.

"Given by order of the council under the hand of his excellency, William Moore, esq. president, and the seal of the state, at Philadelphia, this 19th day of June, in the year of our Lord 1782.

(Signed) WM. MOORE, President."

Attest. T. MATLACK, Secretary. with the seal of the state appendant.

Eliphalet Dyer, esq. laid before Congress the powers of agency from the state of Connecticut, which were read in the words and figures following: L. S. "At a general assembly of the governor and company of the state of Connecticut, in America, holden at Hartford. in the said state, by adjournment, on the 10th day of Jan Anno Domini 1782. "Whereas the United States in Congress assembled, by their order, passed the 14th day of November, 1781, have notified to this assembly, that pursuant to the 9th article of the confederation, the supreme executive council of the state of Pennsylvania have presented a pe tition to Congress, stating that a controversy has long subsisted between the said state of Pennsylvania and this state, respecting sundry lands lying within the northern boundary of the state of Pennsylvania; and praying for a hearing in pursuance of the 9th article of confederation, and that the fourth Monday in June next is assigned for the appearance of the said states of Pennsylvania and Connecticut by their lawful agents, in the place in which Congress shall then sit, to proceed in the premises as by the said confederation is directed: "Resolved by this assembly, That the honorable Eliphalet Dyer, William Samuel Johnson and Jesse Root, esqrs. or either two of them, be, and they are hereby appointed agents on behalf of this state, to appear before the United States in Congress assembled, to answer to the said petition, with full power and authority on behalf of this state, to agree with the agents for the state of Pennsylvania, in the nomination and appointment of commissioners to hear and finally determine the said controversy, and to do every thing necessary on the part of this state, respecting the appointment of such commissioners, pursuant to the articles of confederation, and also to appear before the said commissioners, and to do every thing necessary and proper for the vindication and defence of the claim and right of this state to the said lands in controversy, both with respect to the property and jurisdiction, and pursue the same to final judgment, with power to employ council learned in the law, as they shall judge GEORGE WYLEYS, secretary.

needful.

A true copy of record, examined by
The seal of the state affixed.”

William Samuel Johnson and Jesse Root, esqrs. two of the agents mentioned in the powers of agency, did not appear.

Only one of the agents for Connecticut appearing, a motion was made by Mr. Djer, seconded by Mr. Huntington, that farther day be given.

TUESDAY, June 25, 1782.

The order of the day being called for by the state of Pennsylvania, to proceed on the business respecting the, difference subsisting between the states of Pennsylvania and Connecticut, a motion was taken up which was yesterday made by Mr. Lowell, seconded by Mr. Osgood, viz.

That in all disputes and differences between two or more states, concerning boundary, jurisdiction, or any other cause whatever, under the consideration of Congress, the delegates representing the several different states, ought not, in any such cases, to sit as judges in any question to be decided relative to such dispute or difference.

This being objected to in point of order:

On the question, is the motion in order? the yeas and nays being required by Mr. Lowell,

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The order of the day being called for by the state of Pennsylvania, to proceed on the business respecting the difference subsisting between the states of Pennsylvania and Connecticut, the agents William Bradford, James Wilson, and Jonathan D. Sargeant, esqrs. agents, and H. Osborne, esq. solicitor, for Pennsylvania, and Mr. Dyer, one of the agents for Connecticut, attended without the bar; and the former, in behalf of their state, prayed for the following order, viz.

day of

"That the state of Connecticut, not having appeared by their lawful agents, agreeably to the resolution of the 14th day of November last, therefore Congress will, on the next, proceed to nominate three persons out of each state, in order that due proceedings may be had on the dispute mentioned in the said resolution, agreeably to the 9th article of the confederation." And Mr. Dyer, on the part of Connecticut, prayed for the following resolution, viz.

"Colonel Root, one of the joint agents on whom the state of Connecticut depends to manage this cause, being absent from Congress on important business of the United States:

Resolved, That all proceedings on this case be postponed until the of July next, by which time colonel Root's return may be expected."

day

Both parties agreed that the blank should be filled with the 25th or 26th of

Julv.

Congress took the motions under advisement, and the parties withdrew.

THURSDAY, June 27, 1782.

Mr. Rutledge and Mr. Clymer having returned, made a report of their proceedings.

A motion was made by Mr. Lowell, seconded by Mr. Osgood,

"That when disputes and differences between two or more states, concernVOL. IV.

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