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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, coinmissioners 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, por 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 sen. tence 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 alsó, 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 Novem. ber, 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 as signed 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 br joint consent have appointed the following gentlemen as commissioners to constitute a court for hearing and determining the matter in question between the said states, that is to say, the hon. William Whipple, esq. of NewHampshire; the hon. Welcome Arnold, esq. of Rhode Island; the hon. David Brearley and William Churchill Houston, esqrs. of New Jersey; the hon. 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 then, 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 Griffin, Joseph Jones, and Thomas Nelson, esgrs, and to constitute them, or any five or more of them, a court of commissiggers to hear and finally determine the dispute between the said states relatire 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 hert, 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 ia consequence of the before mentioned appointment and agreement, we have caused these our letters patent to be issued, constituting aód declaring, and we do berebs 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 devertheless proceed to pronounce sentence or judgment, and the judg. ment 0: 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 eath, 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. Giren under our seal, and signed by his excellency John Hanson, esq. president, in Con

press, this 28th day of August, in the year of our Lord 1782, and in the 7th year of our independence.

Vol. IV.

Bland,
Lee,

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

THURSDAY, August 29, 1782. On the report of a committee, consisting of Mr. Rutledge, Mr. Montgome and Mr. Osgood, appointed to confer with the superintendent of finance re pecting the providing packets :

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

The secretary at war, to whom was referred a memorial of lieutenant-colon Antil, reported, “that by the reform of the army which will take place on ti first day of January next, lieutenant-colonel Antil will become a supernumer ry officer and must then retire, and as his services in the intermediate tin may be dispensed with, and the indulgence he solicits may without injurir the public interest be granted, that it be resolved, that lieutenant-colonel Ant be permitted to retire from service with the emoluments granted to retirin officers by the resolutions of Congress of the 3d and 21st of October, 1780.

A motion was made by Mr. Atlee, seconded by Mr. Cornell, that the repoi be referred back to the secretary at war to take order,"

And on the question to agree to the motion, the yeas and pays being requirt by Mr. Howell, N.-Hampshire, Mr. Gilman, ay Y* Delaware, Mr. Wharton, ay ** Massachusetts, Mr. Osgood,

Zdiv Maryland, Mr. Hanson, • ay a Jackson, ay S".

Wright,
Rhode-Island, Mr. Cornell,

Virginia, Mr. Madison,
Howell,
Connecticut, Mr. Huntington,
Dyer,

ay N.- Carolina, Mr. Williamson, New-York, Mr. Duane,

Blount,
L'Hommedieu, aysay S.-Carolina, Mr. Rutledge, ay
New Jersey, Mr. Clark,

no)

Ramsay,
Condict, no no

Izard,
Witherspoon, ау)

Gervais,
Pennsylvania, Mr. Montgomery, no

Middleton,
Smith, no Gno Georgia, Mr. Telfair,

ay . Atlee,

ay) So the question was lost.

On the question to agree to the report, the yeas and nays being required Mr. Howell, N.-Hampshire, Mr. Gilman, ay { * Delaware, Mr. Wharton,

ay > Massachusetts, Mr. Osgood, no} div. Maryland, Mr. Hanson,

ay Jackson,

Wright, Rhode-Island, Mr. Cornell, not Virginia, Mr. Madison,

ay Howell,

Bland,
Connecticut, Mr. Huntington, ay diy

Dyer,
no sav. IN-Carolina, Mr. Williamson,

no New-York, Mr. Duane, ay ay

Blount,

no L'Hommedieu, ay jay S.-Carolina, Mr. Rutledge, ay New Jersey, Mr. Clark,

Ramsay,
Condict,
no no

Izard,

ay > Witherspoon, no)

Gervais,

ay Pennsylvania, Mr. Montgomery, no

Middleton,
Smith,

Mr. Telfair
Atlee,

ay So it passed in the negative.

FRIDAY, August 30, 1782. On motion of Mr. Montgomery, pursuant to a resolution of the general sembly of Pennsylvania,

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

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sylvania, on the present critical situation of affairs on the frontiers : the members, Mr. Carroll, Mr. Witherspoon, and Mr. Duane.

A memorial from the general assembly of Pennsylvania, was read, respecting the payment of interest on money lent to the United States, and the settlement and payment of debts due to the inhabitants of that state by the United States.

Ordered, That it be referred to a grand committee, consisting of a member from each state.

TUESDAY, September 3, 1782. On the report of a committee, consisting of Mr. Cornell, Mr. Osgood, Mr. Izard, Mr. Bland, and Mr. Duane, appointed to consider and report the most just and practicable means of reducing the expenditures of the United States in the several departments :

Resolved, That all resolutions heretofore passed respecting the pay and emoluments of the field-commissary of military stores, his deputies, conductors and clerks, be, and they are hereby repealed.

Resolved, That the pay and emoluments of the field-commissary of military stores shall be 50 dollars per month, two rations per day, forage for two saddle horses, and one bat borse. He shall also be allowed 6 2-5 dollars per month for a servant, for whom he shall be entitled to draw one ration per day and the clothing allowed to a private soldier :

That the pay and emoluments of a deputy field-commissary of military stores for the southern army, shall be 40 dollars per month, two rations per day, forage for two saddle horses and one bat horse" He shall also be allowed 6 2-3 dollars per month for a servant, for whom he shall be entitled to draw one ration per day and the clothing allowed to a private soldier.

Resolved, That the pay and emoluments of the deputy field-commissary of military stores at West-Point, shall be 40 dollars per month and two rations per day.

That the pay and emoluments of the conductors or clerks shall be 30 dollars per month and one ration per day.

Resolved, That there shall be one field-commissary of military stores and two conductors or clerks, for the main army in the field; one deputy fieldcommissary of military stores and two conductors or clerks for West-Point; one deputy field-commissary of military stores and two conductors or clerks, for the southern army; and one conductor for the post at Fort-Pitt ; who shall be appointed by the commanding officer of the artillery, with the approbation of the commander in chief; excepting for the southern army, in which department the appoiatment shall be made by the commanding officer of artillery there, with the approbation of the commanding officer of that department.

On motion of Mr. Ramsay, seconded by Mr. Few,

Resolved, That the reasonable expenses of the post-master general, or of some trusty person in his department appointed by him, in travelling to and from Georgia on the business of the post-office, shall be defrayed by the United States.

The committee, consisting of Mr. Jones, Mr. Clark, and Mr. Osgood, to whom was referred a letter of the 24th of June last from Thomas Edison, delivered in a report; Whereupon,

On motion of Mr. Clark, seconded by Mr. Carroll,

Resolved, That the superintendent of finance be, and he is hereby, directed to advance to Thomas Edison, at the rate of 500 dollars per annum, to be paid monthly, to commence the 230 day of April last, in compliance with the resolution of that day, including what he may have received in consequence thereof; the said allowance to continue so long as the same may be necessary for his support, not exceeding one vear.

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

Whereas the Magnifique, a 74 gun ship belonging to the fleet of his most Christian majesty, conimanded by the marquis de Vaudreuil, has been lately lost by accident in the harbor of Boston, and Congress are desirous of testify. ing on this occasion to his majesty, the sense they/entertain of his generous exertions in behalf of the United States :

Resolved, That the agent of marine be, and he is hereby, instructed to pre. sent the America, a 74 gun ship, in the name of the United States, to the che. valier de la Luzerne, for the service of his most Christian majesty. .

WEDNESDAY, September 4, 1782. On the report of a grand committee, consisting of a member from each state :

Resolved, That 1,200,000 dollars be quotaed on the states, as absolutely and immediately necessary for payment of the interest of the public debt; and that it be recommended to the legislatures of the respective states, to lay such taxes as shall appear to them most proper and effectual for immediately raising their quota of the above sum.

Resolved, That the money so raised in each state shall be applied towards paying the interest due on certificates issued from the loan-office of such state, and other liquidated debts of the United States contracted therein, before any. part thereof shall be paid into the public treasury.

Ordered, That the foregoing resolutions be referred to the grand committee to assess and report the quota of each state,

THURSDAY, September 5, 1782.
Mr. Jones, a delegate for Virginia, attended, and took his scat.

The committee, consisting of Mr. Gilman, Mr. Ramsay, Mr. Condict, Mr. Smith, and Mr. Dyer, appointed pursuant to the resolution of the 17th of June, 1782, to enquire fully into the department of the post-office, reported the result of their enquiries, which was read.

On motion of Mr. Smith, secunded by Mr. Atlee,

Resolved, That the commander in chiet be authorized to employ that part of the Pennsylvania line now in that state, in such manner as he shall judge most conducive to the public good, the resolutions of the 20th of February and 19th of March, 1781, notwithstanding. On motion of Mr. Rutledge, seconded by Mr. Witherspoon,

Ordered, That copies of the estimates of the domestic debt of the United States, laid before Congress by the superintendent of finance, and an extract of his letter on that subject, be transmitted to the several states with the requisition of yesterday.

The order of the day being called for, to take into further consideration the report of the grand committee, and the following proposition, part of the report, being under debate, viz.

“That it is their opinion that the western lands, if ceded to the United States, might contribute towards a fund for paying the debt of these states."

A motion was made by Mr. Bland, seconded by Mr. Lee, to add, “and therefore resolved, that Congress do accept the cession of territory made to them, by the state of Virginia, by their act bearing date the 2d of January, 1781, by the state of New York on the 1st of March, 1781, and by the state of Connecticut in October, 1780, with the conditions therein named."

This ainendment being objected to as out of order, and the debate turning on a question of order:

A motion was made by Mr. Duane, seconded by Mr. M.Kean, “ that the further consideration of the report of the grand committee be postponed till tomorrow, to make way for the report of a committee on a letter froni gen. Washington."

And on the question for postponing, the yeas and nays being required by Mr. Lee,

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