and Mr. Carroll, to whom was referred a letter of the 19th, from the superintendent of finance: Congress agreed to the following additional instructions to Thomas Barclay, esq. consul-general of the United States of America in France: Whereas by several acts of the United States in Congress assembled, all moneys which have been and may be obtained in Europe, by subsidy, loan, or otherwise, are placed under the direction and management of the superintendent of the finances of the United States, and it is essential that the strictest regard should be paid to the said arrangement: you are therefore hereby instructed to desist from making any draughts of public money, or any purchase of clothing or effects, for the use of the United States, without the special direction of Congress or the superintendent of finance. In other respects, you are to conform to the instructions of the 10th of July, 1781. On motion of Mr. Rutledge, seconded by Mr. Lee, Resolved, That the minister plenipotentiary of the United States at the court of Versailles, be informed that his letters to the superintendent of finance and secretary for foreign affairs, bearing date respectively the 25th day of June last, have been laid before Congress, and that notwithstanding the information contained in those letters, it is the direction of Congress that he use his utmost endeavors to effect the loan which by the resolve of the 14th inst. is ordered to be negotiated. WEDNESDAY, September 25, 1782. Congress took into consideration the report of a committee, consisting of Mr. Witherspoon, Mr. Madison, Mr. Rutledge, Mr. Osgood, and Mr. Montgomery, to whom was referred a set of resolutions moved by Mr. Witherspoon : The report is as follows: 1st. That if the several states claiming the exclusive property of the western lands, would make cessions to the United States, agreeable to the recommendation of Congress of the 6th day of September, 1780, and the resolutions of Congress of the 10th of October, 1780, it would be an important fund for the discharge of the national debt. 2d. That therefore, it be recommended to those states which have made no cessions, to take the above recommendation and resolutions into consideration as soon as possible, and determine thereon. 3d. That it be recommended to those states which have made cessions not entirely agreeable to the above recommendation and resolutions, to re-consider the same, and send the result to the United States in Congress assembled. 4th. That in case of compliance with recommendations of Congress, the determinations of the particular states respecting private property and claims of lands within the cessions, shall not be reversed or altered without their consent, unless in such cases as may be rendered necessary by the 9th article of the confederation. A motion was made by Mr. Clark, seconded by Mr. Condict, to strike out the last paragraph. And on the question, shall the last or fourth paragraph of the report stand? the yeas and nays being required by Mr. Bland, * Mr. Hanson, Carroll, Madison, Connecticut, Mr. Huntington, N-Hampshire, Mr. Gilman, Massachusetts, Mr. Osgood, Jackson, Dver, New-York, Mr. Duane, New-Jersey, Mr. Clark, no no ay ay no Zay L'Hommedieu, ay} div. no Condict, } Pennsylvania, Mr. Montgomery, no по So it passed in the negative. On the question to agree to the report as amended, the yeas and nays being required by Mr. Clark, Mr. William Hemsley, a delegate from Maryland, attended, produced credentials of his appointment, and took his seat in Congress. MONDAY, September 30, 1782. On a report from the secretary at war, to whom was referred a letter of the 24th from captain de la Plaigne: Resolved, That the secretary at war supply captain de la Plaigne with the value of 53 dollars in clothing; and with the sum of 80 dollars in cash, for which the state of Georgia is to be accountable. TUESDAY, October 1, 1782. Mr. Richard Howell, having declined to accept the office of judge-advocate: Resolved, That to-morrow be assigned for electing a judge-advocate. A letter, of the 50th of September, from Thomas Edison, was read; Whereupon, Ordered, That the superintendent of finance pay to the said Thomas Edison, in addition to what he has already received, the sum of 200 dollars in full for his services and all demands against the United States. The committee, consisting of Mr. Atlee, Mr. Madison and Mr. Boudinot, to whom was referred a representation of the legislature of New-Jersey, report, "That it appears from the said representation, that complaints have been made to the legislature of New-Jersey, by the officers of the line of that state, of partial payments made by other states to the troops of their particular lines, and that it is proposed by the said legislature, unless measures be taken by Congress for securing equal justice to the troops of New-Jersey, to apply to their use a part of the taxes required by and allotted for the disposition of the United States in Congress assembled: That by the articles of confederation, all charges of war, and all other expenses incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, are to be defrayed out of a common treasury, which shall be supplied by the several states, and the United States in Congress assembled, are to ascertain the sums so to be supplied, and to appropriate and apply the same in defraying such expenses: 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 soldiers 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 not 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 sole and exclusive right of making peace is vested in the United States in Congress assembled; and by the treaty of alliance between his 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 behalf, 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 emissaries may be employed to delude and deceive. In order to extinguish 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 coming 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 Providence 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 imported, 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 amend said acts." And on the question to agree to this amendment, the yeas and nays being required by Mr. Howell, N-Hampshire, Mr. Gilman, Massachusetts, Mr. Osgood, no no } * no 4} } sy ay no no } no > Maryland, Mr. Hanson, no Carroll, Wright, no no >no no N.-Carolina, Mr. Williamson, no no no L'Hommedieu, no New-Jersey, Mr. Condict, Witherspoon, no Pennsylvania, Mr. Montgomery, ΠΟ Clymer, So the amendment was lost. no no On the question to agree to the proposition of the grand committee, the yeas and nays being required by Mr. Howell, Pursuant to the resolutions of the 27th of February last, the superintendent of finance reports, that he has appointed Mr. Edward Fox, a commissioner 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 commander 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 represented to prevail in the tribes of Indians under their superintendence, and to |