Resolved, That the commissioners of Indian affairs in the northern department report to Congress as soon as may be, the articles necessary to clothe the Indians in our interests, so as to make them useful, and to appear with respect among the other tribes.

WEDNESDAY, August 21, 1782.

On a report from the secretary at war, to whom were referred the proceedings of a court of enquiry on a complaint against captain Gun :

Resolved, That the secretary at war be directed to inform major-gen. Greene that Congress are well satisfied with the general orders issued by him on the report of the court of enquiry, on a complaint exhibited against capt. Gun for disposing of a public horse as his own property: that the principles advanced in his orders are well founded, and that an approbation of the sentiments of the court would have been to establish a precedent repugnant to reason and justice, and subversive of that order and system which gives security to public property: that gen. Greene be directed to order capt. Gun to replace the horse he sold with another equally good.

Resolved, That should any commissioned officer be convicted, at, a general court-martial, of having sold or disposed of a public horse. it shall be considered as a breach of the first article of the 12th section of the articles of war.

On the report of a committee consisting of Mr. Howell, Mr. Clark, and Mr. Osgood, to whom was referred a report of the secretary at war, concerning Fortune Stoddard, a soldier of the Rhode-Island regiment:

Resolved, That the executive authority of the state of Maryland be requested to discharge from confinement Fortune Stoddard, a soldier belonging to the Rhode Island regiment, confined for costs accrued in a late prosecution, and charge such costs to the United States, transmitting to the secretary at war the account thereof, in order that the same may be charged to the said soldier, and deducted out of his pay.

FRIDAY, August 25, 1782.

The agents for the commonwealth of Pennsylvania and the state of Connecticut, represent to the United States in Congress assembled, as follows:

That having met and conferred together, and being informed that there is not any reason to hope for the attendance of major-general Greene as one of the commissioners for determining the dispute subsisting between us, and that the hon. John Rutledge, esq. has declined serving, we have mutually appointed the hon. Thomas Nelson, esq. of Virginia, and Welcome Arnold, esq. of Rhode-Island, as commissioners in their stead; and we do pray that they, together with the other five, may be commissioned for that purpose. Dated 21st August, 1782. Signed,

WILLIAM BRADFORD, Jun.
JOSEPH REED,

JAMES WILSON,

JONATHAN D. SARGEANT,

ELIPHALET DYER,

JESSE ROOT,

Agents for Pennsylvania.

Agents for Connecticut.

The said agents also laid before Congress the following instrument of agree

ment:

It is agreed between the agents for the commonwealth of Pennsylvania and the state of Connecticut, that Congress be requested to approve the appointment by the said agents of the hon. William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, Cyrus Griffin, Joseph Jones and Thomas Nelson, esqrs. and to constitute them, or any five or more of them, a court of commissioners to hear and finally determine the dispute between the said states, relative to their respective claims and possessions, agreeably to the 9th article of the confederation; and that a commission be made out for them under the seal of the United States and signed by the president of Congress; that each commissioner he allowed ten dollars a day for the time he shall be employed in the said business, for his services and expenses, to be paid in the first instance, one half by the state of Pennsylvania, and one half by the state of Connecticut: that the commissioners, or any five or more of them, do meet at Trenton, in

New-Jersey, on Tuesday, the 12th day of November next, and have power to adjourn, from time to time, and place to place, as they shall judge it necessary, until they shall make a final decision in the said cause; and that a copy of their resolutions be transmitted to each of the said commissioners, and their attendance on the said business requested.

Dated 21st August, 1782.
Signed,

WILLIAM BRADFORD, Jr. JAMES WILSON,
JOSEPH REED,
JONATHAN D. SARGEANT,
ELIPHALET DYER,
JESSE ROOT.

Whereupon, Ordered, That the secretary prepare and report the draught of a commission for the said William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, Cyrus Griffin, Joseph Jones and Thomas Nelson, or any five or more of them, as commissioners or judges nominated by the states of Pennsylvania and Connecticut, to determine the dispute between the said states, agreeably to the 9th article of the confederation.

On the report of a committee, consisting of Mr. Montgomery, Mr. Bland, and Mr. Cornell, to whom was referred a letter of the 11th July, from major-general Greene :

Whereas it may occasionally become necessary for the good of the service, that the cavalry and infantry of the legionary and partizan corps should do duty separate, or by being detached with other troops:

Resolved, That the commanding officer of the army in which any of the legionary or partizan corps shall serve, may, when the good of the service, in his opinion, shall require it, detach either the cavalry or infantry thereof separately, on occasional service, as he he may think proper, to do duty by themselves, or with any other troops in the army; that he may also brigade them with other troops, if in his opinion the public good require it.

Resolved, That the legionary and partizan corps shall generall be entitled to take post according to seniority, but shall be liable to such disposition as the said commanding officer shall find expedient for the good of the service; and the officers of both horse and foot shall take rank in the army according to priority of commissions.

MONDAY, August 26, 1782.

The superintendent of finance and secretary at war, to whom was referred an application of Mr. Rubsamen, having reported, that in their opinion his services as an instructor in making salt-petre are no longer needed:

Resolved, That Congress agree to the report.

Ordered, That Mr. Rubsamen present his accounts against the United States for settlement.

TUESDAY, August 27, 1782.

On the report of a committee, consisting of Mr. Cornell, Mr. Montgomery and Mr. McKean, to whom was referred a letter of the 11th July from the governor of Virginia to the delegates of that state:

Resolved, That the executive of the state of Virginia be informed, that it is inexpedient to continue a garrison at either of the towns of York or Gloucester at the expense of the United States.

Resolved, That the said executive be requested to transmit to the superintendent of finance, a full state of facts relating to the expense that has already arisen respecting the aforesaid garrisons, with the accounts and vouchers, that such order may be taken thereon as shall appear just.

WEDNESDAY, August 28, 1782.

Mr. Carroll, a delegate for Maryland, and Mr. L'Hommedieu, a delegate for New-York, attended, and took their seats.

The secretary, pursuant to order, prepared the draught of a commission, which was agreed to as follows:

THE UNITED STATES IN CONGRESS ASSEMBLED.

To all whom it may concern:

Whereas the 9th article of the confederation provides that "the United States in Congress assembled, shall be the last resort on appeal, in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever, which authority shall always be exercised in the manner following: whenever the legislature or executive authority, or lawful agent of any state in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress, to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons, each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen, and from that number, not less than seven, nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without shewing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Congress shall proceed to nominate three persons out of each state, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment or sentence of the court to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question acccording to the best of his judgment, without favour, affection or hope. of reward:" provided also, that no state shall be deprived of territory for the benefit of the United States. And whereas, the president and supreme executive council of the state of Pennsylvania did, on or about the 3d day of November, in the year of our Lord 1781, present a petition to the United States in Congress assembled, stating that a controversy has long subsisted between the said state of Pennsylvania and the state of Connecticut, 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 the confederation;" whereupon notice was given to the state of Connecticut, and a day was assigned for the appearance of the parties by their lawful agents, at the place in which Congress should then be sitting: and whereas, in pursuance of the said notice, the states of Pennsylvania and Connecticut appearing before Congress by their lawful agents, viz. on the 16th day of July last, they were directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question agreeably to the 9th article of the confederation. And whereas, the said agents, by two instruments of writing, the one dated the 8th, and the other the 21st of the present month of August, both signed by them and lodged among our archives, have certified, "that in pursuance of the said direction, they have met and conferred together,

and by joint consent have appointed the following gentlenes as commissioners to constitute a court for hearing and determining the marter in question between the said states, that is to say, the bon. William Whipple, esq. of NewHampshire; the hon. Welcome Arnold, esq. of Rhode-Island; the non. David Brearley and William Churchill Houston, esqrs. of New-Jersey; the ba. Cyrus Griffin, Joseph Jones and Thomas Nelson, esqrs. of Virginia; any five or more of whom to constitute a court and have authority to proceed and determine the matters in difference between the said states." And by another instrument of agreement, bearing date the 21st day of August, 1782, and signed by them, the said agents, and lodged among our archives, have, among other things, requested Congress to approve the appointment, by the said agents, of the said hon. William Whipple, Welcome Arnold. David Brearley, William Churchill Houston, Cyrus Grifin, Joseph Jones, and Thomas Nelson, esqrs, and to constitute them, or any five or more of them, a court of commissioners to hear and finally determine the dispute between the said states relative to their respective rights, claims and possessions, agreeably to the 9th article of the confederation; and that a commission be made out for them under the seal of the United States in Congress assembled, and signed by the president of Congress; and that the commissioners, or any five or more of them, do meet at Trenton, in New-Jersey, on Tuesday the 12th day of November next, and have power to adjourn, from time to time, and place to place, as they shall judge it necessary, until they shall make a final decision in the said cause. Now be it known, that in virtue of the authority vested in us as aforesaid, and in consequence of the before mentioned appointment and agreement, we have caused these our letters patent to be issued, constituting and declaring, and we do hereby constitute and declare the said William Whipple, Welcome Arnold, David Brearley, William Churchill Houston, Cyrus Griffin, Joseph Jones and Thomas Nelson, or any five or more of them, to be a court of commissioners, with all the powers, prerogatives and privileges incident or belonging to a court, to meet at Trenton, in the state of New-Jersey, on Tuesday the 12th day of November next, to hear and finally determine the controversy between the said state of Pennsylvania and the state of Connecticut, so always as a major part of the said commissioners, who shall hear the cause, shall agree in the determination; and if any of the parties shall refuse to submit to the authority of the said court, or to appear or defend their claim or cause, the said court shall nevertheless proceed to pronounce sentence or judgment, and the judgment or sentence of the court shall be final and conclusive; the judgment or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress, for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question according to the best of his judgment, without favour, affection or hope of reward:" provided also, that no state shall, by their said judgment, be deprived of territory for the benefit of the United States; and in case a sufficient number of the commissioners do not meet on the day assigned to form a court, we do hereby authorize and empower any one or more of the said commissioners, to adjourn from day to day, or from time to time, until a number meet sufficient to make a court; and we do hereby authorize and empower the said court to adjourn from time to time, and place to place, as they shall judge it necessary, until they shall make a final decision in the said cause. In testimony whereof, we have caused these our letters and commission to be made patent.

Given under our seal, and signed by his excellency John Hanson, esq. president, in Congress, this 28th day of August, in the year of our Lord 1782, and in the 7th year of our independence.

Ordered, That notice be sent to each of the commissioners above-mentioned, to meet at the time and place appointed.

THURSDAY, August 29, 1782.

On the report of a committee, consisting of Mr. Rutledge, Mr. Montgomery and Mr. Osgood, appointed to confer with the superintendent of finance respecting the providing packets:

Resolved, That the superintendent of finance be directed to take order for purchasing and employing the ship Washington for the purpose of a packet to and from Europe.

The secretary at war, to whom was referred a memorial of lieutenant-colonel Antil, reported, "that by the reform of the army which will take place on the first day of January next, lieutenant-colonel Antil will become a supernumerary officer and must then retire, and as his services in the intermediate time may be dispensed with, and the indulgence he solicits may without injuring the public interest be granted, that it be resolved, that lieutenant-colonel Antil be permitted to retire from service with the emoluments granted to retiring officers by the resolutions of Congress of the Sd and 21st of October, 1780." A motion was made by Mr. Atlee, seconded by Mr. Cornell, "that the report be referred back to the secretary at war to take order,"

And on the question to agree to the motion, the yeas and nays being required by Mr. Howell,

So the question was lost.

On the question to agree to the report, the yeas and nays being required by

Mr. Howell,

On motion of Mr. Montgomery, pursuant to a resolution of the general assembly of Pennsylvania,

Resolved, That a committee be appointed to confer with a committee of the general assembly and a committee of the supreme executive council of Penn