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That in pursuance of this delegated power, Congress did, in the month of November last, require of the several states their respective proportions of the sum of 8,000,000 of dollars, for the service of the current year, in which service was included the payment of the army, so that in case of compliance with the said requisition, the whole army will be regularly and duly paid :
That, if therefore individual states undertake, without the previous warrant of Congress, to dispense any part of moneys required for and appropriated to the payment of the army, or any other purposes of the union, the federal constitution must be so far infringed :
That such infractions ought the more to be guarded against, as they tend to subvert the plans which Congress have adopted and are now carrying into effect for a uniform and economical administration of the public revenue, as they must prolong the existence of unsettled accounts between the United States and individual states from which great inconveniences have been experienced, and as they cannot fail to produce untimely discord, among the several states, and intermediate confusions and murmurs in the army;" Whereupon,
Resolved, That the legislature of New Jersey be informed, that Congress have adopted every means in their power for securing payment of the arrears due to the army, prior to the first day of January last, and for the regular payment of the army in future, which they hope the several states will exert themselves to enable Congress to accomplish, and that Congress have discountenanced all partial payments of the army by particular states.
Resolved, That no moneys paid by any of the states to the officers and soldi. ers of the army of the United States, as pay for the year 1782, be considered as advanced in behalf of the United States, and that the same be pot credited to the state by which the advance shall have been made. · Resolved, That the several states be required to make speedy payment of the respective quotas into the public treasury, that Congress may be thereby enabled to pay the officers and soldiers of the American army the amount of their pay for the present year.
WEDNESDAY, October 2, 1782. According to order, Congress proceeded to the election of a judge-advocate ; and, the ballots being taken, lieut. Thomas Edwards was elected, having been previously nominated by Mr. Duane.
The ordinance for regulating the post-office of the United States of America, being read a second time, and debated by paragraphs, Ordered, That Monday next be assigned for the third reading.
FRIDAY, October 4, 1782. On the report of a committee, consisting of Mr. Duane, Mr. Rutledge, Mr. Montgomery, Mr. Madison, and Mr. Carroll, to whom were referred despatches from the hon. J. Jay, of the 25th of June, and from the marquis de la Fayette, of the 25th and 29th of the same month, Congress agreed to the following act:
Whereas by the articles of confederation and perpetual union, the solo and exclusive right of making peace is vested in the United States in Congress as. sembled ; and by the treaty of alliance between bis most Christian majesty and these United States, it is declared that neither of the contracting parties shall conclude peace or truce with Great Britain without the consent of the other ; and the ministers plenipotentiary of these United States in Europe are vested with full power and authority in their belialf, in concert with their allies, to negotiate and conclude a general peace. Nevertheless it appears that the British court still flatters itself with the vain hope of prevailing on the United States to agree to some terms of dependence upon Great-Britain, or at least to a separate peace ; and there is reason to believe that commissioners may be sent to America to offer propositions of that nature to the United States : or that secret ernissaries may be employed to delude and deceive. In order to extin. guish ill founded hopes, to frustrate insidious attempts, and to manifest to the whole world the purity of the intentions and the fixed and unalterable determination of the United States : · Resolved, unanimously, That Congress are sincerely desirous of an honorable and permanent peace ; that as the only means of obtaining it, they will inviolably adhere to the treaty of alliance with his most Christian majesty, and conclude neither a separate peace or truce with Great-Britain ; that they will prosecute the war with vigor, until, by the blessing of God on the united arms, a peace shall be happily accomplished, by which the full and absolute sovereignty and independence of these United States having been duly assured. their rights and interests, as well as those of their allies, shall be effectually provided for and secured.
That Congress will not enter into the discussion of any overtures for pacification, but in confidence and in concert with his most Christian majesty :
That to guard against the secret artifices and machinations of the enemy, it be, and hereby is, recommended to the respective states, to be vigilant and active in detecting and seizing all British emissaries and spies, that they may be brought to condign punishment : that it be enjoined on all officers of departments charged with persons coining from the enemy under the protection of flags of truce, to take special care that such persons do not abuse their privileges, but be restrained from all intercourse with the country and inhabitants, which is not necessary for transacting the public business on which they may be sent : and lastly, it is recommended to the several states that no subjects of his Britannic majesty, coming directly from any part of the British dominions, be admitted into any of the United States during the war.
Ordered, That the hon. the minister plenipotentiary of France be furnished with a copy of the above act, and that copies be transmitted to the ministers of these states at foreign courts, and that in the mean time it be published. Ordered, That Mr. Lee have leave of absence.
WEDNESDAY, October 9, 1782. On the report of the secretary at war, to whom was referred a memorial of capt. Phelps, of the invalid regiment:
Resolved, That capt. Seth Phelps have leave to retire from the invalid corps, and that in consideration of his long services, and the wound he has received, he be entitled to all the emoluments allowed to retiring officers under the resolutions of Congress of the 3d and 21st of October, 1780.
On the report of a committee, consisting of Mr. Montgomery, Mr. Bland. and Mr. Rutledge, to whom was referred a report of the secretary at war, relative to the rank of lieutenant-colonels Huntington and Gray, of the Connecticut line:
Ordered, That the papers be referred to the commander in chief, and that he summon a board of general officers and colonels, not being of the line of Connecticut, to adjust the rank of the claimants according to principles of equity and the rules of promotion established in the army of the United States of America.
THURSDAY, October 10, 1782. Mr. Jonathan Arnold, a delegate for the state of Rhode Island and Provi. dence Plantations, attended, produced the credentials of his appointment, and took his seat.
The grand committee, consisting of a member from each state, to whom was referred a motion that a requisition be made to each state to provide ways and means for the payment of interest due on the liquidated debts, report,
That they have considered the motion referred to them, and are of opinion that it is not at present expedient for Congress to make such a requisition as is proposed by the said motion :
On the question to agree to this part of the report, resolved in the affirmative.
The committee having further reported a resolution, which being amended to read,
“ That Congress call upon the states of Rhode-Island and Georgia for an immediate definitive answer whether they will comply with the recommendation of Congress to vest them with power to levy a duty of five per cent. on all goods iinported, and on prizes and prize goods."
A motion was made by Mr. Howell, seconded by Mr. Bland, to amend the proposition by adding, “and that it be recommended to those states who have passed acts adopting the said recommendation on certain conditions, to revise and aniend said acts.”
And on the question to agree to this amendment, the yeas and nays being re-
Virginia, Mr. J. Jones,
N.-Carolina, Mr. Williamson,
S.-Carolina, Mr. Rutledge,
no Pennsylvania, Mr. Montgomery, no
ay ay Clymer, no Sno
Georgia, Mr. N. W. Jones, ay >* So the amendment was lost.
On the question to agree to the proposition of the grand committee, the yeas and nays being required by Mr. Howell, N.-Hampshire, Mr. Gilman, ay > * Maryland, Mr. Hanson, Massachusetts, Mr. Osgood,
Virginia, Mr. Jones,
ay ay Dyer,
N.-Carolina, Mr. Williamson,
Ramsay, ay Pennsylvania, Mr. Montgomery,
ay >ay Clymer, ay Say
no > So it was resolved in the affirmative.
FRIDAY, October 11, 1782. Pursuant to the resolutions of the 27th of February last, the superintendent of finance reports, that he has appointed Mr. Edward Fox, a coinmissioner for settling the accounts of the hospital department, desiring to be favoured with the orders of Congress if they shall disapprove the appointment.
On the report of a committee, consisting of Mr. Boudinot, Mr. Duane and Mr. Williamson, to whom were referred the letter of the 26th of September from the cominander in chief, and the letter of the 21st of September from general Schuyler:
Resolved, That the commissioners of Indian affairs for the northern department, be instructed to avail themselves of the change of temper which is reprësented to prevail in the tribes of Indians under their superintendence, and to
devise and report to Congress the best means of securing the said tribes against the future intrigues of the enemy,
On the report of a committee, consisting of Mr. Montgomery, Mr. Osgood and Mr. Carroll, to whom was referred a letter of the 12th of August last, from the speaker of the assembly of Georgia : · Ordered, l'hat a copy of the resolutions of the 9th of September last, relative to the southern department, be transmitted to the governor of Georgia, and that he be inforined Congress doubt not but protection and security will be given to the state of Georgia, by a proper execution of the said resolutions.
On the report of a comunittee, consisting of Mr. Witherspoon, Mr. Mont. gomery and Mr. Williamson, appointed to prepare a recommendation to the states, setting apart a day of thanksgiving and prayer, Congress agreed to the following act:
It being the indispensable duty of all nations, not only to offer up their sup. plications to Almighty God, the giver of all good, for his gracious assistance in a time of distress, but also in a solemn and public manner to give him praise for his goodness in general, and especially for great and signal interpositions of his providence in their behalf; therefore, the United States in Congress assembled, taking into their consideration the many instances of divine goodness to these states, in the course of the important conflict in which they have been so long engaged; the present happy and promising state of public affairs; and the events of the war in the course of the year pow drawing to a close, particularly the barmony of the public councils, which is so necessary to the success of the public cause; the perfect union and good understanding which has hitherto subsisted between them and their allies, notwithstanding the artful and unwearied attempts of the common enemy to divide them; the success of the arms of the United States and those of their allies, and the acknowledgment of their independence by another European power, whose friendship and commerce must be of great and lasting advantage to these states; do hereby recommend it to the inhabitants of these states in general, to observe, and request the several states to interpose their authority in appointing and commanding the observation of Thursday, the 28th day of November next, as a day of solemn thanksgiving to God for all his mercies: and they do further recommend to all ranks, to testify their gratitude to God for his goodness, by a cheerful obedience to his laws, and by promoting, each in his station, and by his influence, the practice of true and undefiled religion, which is the great foundation of public prosperity and national happiness. Done in Congress, &c. &c.
MONDAY, October 14, 1782. Pursuant to the resolution of the 27th of February last, the superintendent of finance reported Mr. Joseph Bindon as the commissioner for settling the accounts of the clothing department, desiring the orders of Congress if they disapprove the appointment.
A motion was made by Mr. Middleton, seconded by Mr. Rutledge, “That brigadier-general Moultrie be promoted to the rank of a major-general, to take rank in the army as such from the 15th of September, 1780."
A motion was made by Mr. Duane, seconded by Mr. L'Hommedieu, to amend the motion by inserting " James Clinton and,'' before “ Moultrie."
An objection being made to this as being out of order,
On the question, is the motion for amending in order ? the yeas and nays being required by Mr. Duane, N-Hampshire, Mr. Gilman, no * New York, Mr. Duane, Massachusetts, Mr. Osgood,
L'Hommedieu, ay say Jackson,
div. New Jersey, Mr. Boudinot, ay) Rhode Island, Mr. Arnold,
Condict, . ay Say Howell, nos
Witherspoon, ay) Connecticut, Mr. Huntington,
\Pennsylrania, Mr. Smith, Dyer,
Delauare, Mr. Wharton, ay > * 1.V.-Carolina, Mr. Blount,
S.-Carolina, Mr. Rutledge, no
no ) So the question was lost. A motion was then made by Mr. Bland, seconded by Mr. Dyer, “ That the motion of Mr. Middleton be referred to the secretary at war.”
And on the question to agree to this, the yeas and nays being required by Mr. Middleton, N.-Hampshire, Mr. Gilman,
¡Delaware, Mr. Wharton, ay Massachusetts, Mr. Osgood,
Maryland, Mr. Hanson,
no Connecticut, Mr. Huntington, ay 25 Virginia, Mr. Jones,
Bland, New-York, Mr. Duane,
N.- Carolina, Mr. Blount, no >
no no Witherspoon, ay)
Gervais, Pennsylvunia, Mr. Smith, ay div.
TUESDAY, October 15, 1782.
Ordered, That the committee to whom were referred the letter of the 19th of August last from the commander in chief, and the proceedings of the Bri. tish court-martial on the trial of Lippencut, for the murder of captain Joshua Huddy, report on Thursday next, and that the report be on that day taken into consideration.
Mr. Middleton renewed his motion made yesterday,
“ That brigadier-general Moultrie be promoted to the rank of major-general, to take rank in the army as such from the 15th of September, 1780.”
A motion was made by Mr. Bland, seconded by Mr. Wright, to strike out the words - to take rank in the army as such from the 15th of September, 1780."
And on the question, shall these words stand ? the yeas and nays being required by Mr. Wright, N.-Hampshire, Mr. Gilman, no Y* Delaware, Mr. Wharton, no > * Massachusetts, Mr. Osgood,
ay kay Maryland,
Mr. Hanson, noj
Virginia, Mr. Madison,
N.-Carolina, Mr. Williamson,
S.-Carolina, Mr. Rutledge,
ay ay Pennsylvania, Mr, Smith,
A motion was then made by Mr. Duane, seconded by Mr. Rutledge, “ that the motion be postponed, in order to make way for a previous motion, that brigadier-general Jaines Clinton be promoted to the rank of major-general."