usurped government of the said grants, by the stile and title of the state of Vermont, over the territory contained within the said jurisdictional claim, is the copy of a certain proclamation, bearing date the 18th day of July, 1781, purporting to be under the seal of the said pretended state, signed by Thomas Chittenden, who stiles himself their governor, which, after divers falsities and absurdities therein contained, asserts that commissions both civil and military had then been lately issued by the supreme authority of the said pretended state, to persons chosen agreeable to the laws and customs thereof, in the several districts and corporations within the limits of the above mentioned western or jurisdictional claim, strictly requires, charges and commands all persons of whatsoever quality or denomination residing within the said western claim of jurisdiction, to take due notice of the laws and orders of the said pretended state, and to govern themselves accordingly, on pain of incurring the penalties therein conta ned, and strictly requires, charges and commands all magistrates, justices of the peace, sheriffs, constables, and all other civil and all military officers, to be active and vigilant in executing the laws aforesaid, without partiality. Resolved, That the legislature of this state is greatly alarmed at the evident intention of Congress, from political experience, as it is expressed in a letter from his excellency the president of Congress, to his excellency the governor of this state, of the 8th of August last, and as is evinced in their acts of the 7th and 20th of the same month, enclosed therein, to establish an arbitrary boundary, whereby to exclude out of this state the greatest part of terntory described in the second resolution above mentioned, belonging most unquestionably to this state as part, parcel and member thereof, and to erect such dismemberment possessed by the revolted subjects of this state, into an independent state, and as such to admit them into the federal union of these United States, especially as the two last mentioned acts seem to express the sense of Congress, that the territories of this state, by the articles of confederation, are, and as in fact and truth they are by the 2d and 3d articles thereof guaranteed, and still more especially as by a proviso in the 9th article, it is provided that no state shall be deprived of territory for the benefit of the United States. Resolved, "That it is the sense of the legislature, that Congress have not authority by the articles of confederation in any wise, to intermeddle with the former territorial extent of jurisdiction or property of either of these United States, except in cases of disputes concerning the same between two or more states in the union, nor to admit into the union even any British colony except Canada, without the consent of nine states, nor any other state whatsoever, nor above all to create a new state by dismembering one of the thirteen United States without their universal consent. Resolved, That in case of any attempt by Congress to carry into execution their said acts of the 7th and 20th of August last, this legislature, with all due deference to Congress, are bound in duty to their constituents to declare the same an assumption of power in the face of the said act of submission of this state, and against the clear letter and spirit of the 2d, 3d, 9th and 11th articles of the confederation, and a manifest infraction of the same, and do therefore hereby solemnly protest against the same. Resolved, That a copy of these resolutions be forthwith made and certified by the president of the senate, and the speaker of the assembly, in presence of his excellency the governor, who is hereby requested to attest the same with the great seal of this state, and transmit it without delay to Congress, to the end that the same may be entered on their journals, or filed in their archives in perpetuam rei memoriam; and that another copy so certified as aforesaid, be delivered to the delegates of this state for their use and guidance, and that they be, and hereby are expressly directed and required to enter their dissent on every step which may be taken in and towards carrying the said two last mentioned acts of Congress into execution." MONDAY, April 8, 1782. On a report from the secretary at war, to whom was referred a plan of the pay-master general, for the better regulation of the pay of the army: Resolved, That as all returns necessary to check the accounts of pay and rations, and to give full information of public issues of clothing and stores, are lodged at the war office, the secretary at war is hereby empowered and directed to issue his warrants on the pay master general, in favour of each regimental pay-master, for the pay and rations which shall appear on adjustment of their accounts to be due to the regiments respectively, and to the head of each department for the pay and rations due to such department: that the accounts for the pay and rations of each regiment, and of each department in the army, from January 1st, 1782, shall be made out at the end of every month, and be transmitted to the war office for examination and warrants: That the manner of making the payments, of keeping the accounts, and the returns of the regimental pay-masters, be regulated by the secretary at war: That the pay-master general shall pay on the warrants of the secretary at war, from such monies as shall be put into his hands for the pay and rations of the troops, and to the orders of the commander in chief, or officer commanding the southern army, from such monies as shall be placed in his disposal for contingencies. Resolved, That all resolutions heretofore passed, empowering general officers to draw warrants on the pay-master general, except that empowering the officer commanding the southern army, be, and the same are hereby repealed. Resolved, That there be one deputy pay-master for the southern army: That there shall be one assistant allowed to the pay-master general, who shall do the duties of a clerk: That the pay-master general be, and he is hereby authorized to appoint his deputy and his assistant: That the pay-master general immediately give bonds with two sureties to the superintendent of finance, in the sum of 15,000 dollars, for the faithful -performance of his office. Ordered, That the committee to whom was referred a report from the secretary at war, on the quarter-master's department, and who were instructed to confer with the secretary at war on the general arrangement of the staff departments, report the salaries which they judge proper to be allowed to the officers in the said departments, including those of the pay-master general and his deputy and assistant. TUESDAY, April 9, 1782. On a report from the secretary at war, to whom was referred the report of a committee on a letter of February, from the superintendent of finance, Resolved, That the secretary at war do cause accurate returns to be made of every non-commissioned officer and private in the army of the United States, who shall be in service on the first day of June next, specifying the particular state to which each man belongs, and the time for which they inlisted, and which they have to serve. Ordered, That Mr. Lee have leave of absence. WEDNESDAY, April 10, 1782. On a report of a committee, consisting of Mr. Clymer, Mr. Osgood and Mr. Cornell, to whom were referred two letters from the superintendent of finance, dated February 26th, and April Sd, 1782, Resolved, That it be, and hereby is recommended to the legislature of the several states, where excise laws subsist, that they exempt from any charge of excise all such spirituous liquors as may be purchased by contractors for the use of the army of the United States, guarding such exemption from abuse and imposition by the provisions which to them may seem proper and effectual. On a report of a committee, consisting of Mr. Dickinson, Mr. Cornell and Mr. Atlee, appointed to examine the powers vested in the late board of war, and to report such of them as appear necessary to be vested in the secretary at war: Resolved, That the following instructions and additional powers be given to, and vested in the secretary at war: That the commander in chief be furnished with returns of ordnance and ordnance stores, when he shall request them from the war office: That the clothier-general receive his instructions from the war office, and that the distributions of clothing for the army be made under the secretary at war's directions: That the secretary at war shall, in the absence of the commander in chief, be empowered to order the holding of general courts-martial in the places where Congress may be assembled: That the commissary-general of prisoners, so far as respects the securing of military prisoners and making returns of them, take his directions from the secretary at war: That estimates and returns from the different departments be lodged at the war office, to be examined and approved of by the secretary at war: That the secretary at war direct the building and management of laboratories, arsenals, foundries, magazines, barracks, and other public buildings, the necessity of which he is, from time to time, to report, and the same is to be approved of by Congress : That the secretary at war be empowered to send off expresses, and to provide guards for the safe conveyance of despatches, money and any articles necessary for the use of the army whenever it shall appear to him to be neces sary: That the care and direction of prisoners of war be vested in the secretary at war, so far as respects their safe keeping: That the secretary at war execute all such matters as he shall be directed by Congress, and give his opinion on all such subjects as shall be referred to him by Congress; and if at any time he shall think a measure necessary to which his powers are incompetent, he shall communicate the same to Congress for their direction therein: That all military and other officers attending upon or connected with the army of the United States be, and they are hereby required and enjoined to observe the directions of the secretary at war, in making and transmitting proper returns, and such other matters as may tend to facilitate the business of his department. On motion of Mr. Lee, seconded by Mr. Clark, Ordered, That the under secretary of the office for foreign affairs, lay before Congress copies of Dr. Franklin's letters of the following dates, March 31st, 1778, July 22d, 1778, December 21st, 1778, and October 17th, 1779. MONDAY, April 15, 1782. Mr. Bland, a delegate of Virginia, attended. A motion was made by Mr. Scott, seconded by Mr. Lee, which being amended to read as follows: "Whereas his excellency John Hanson, esq. is rendered unable by sickness at present to discharge the functions of his place of president of Congress, resolved therefore, that Congress will forthwith proceed to elect one of their number by ballot, to preside only during the indisposition of the said John Hanson, esq. On the question to agree to this, the yeas and nays being required by Mr. Scott, So the question was lost. A motion was then made by Mr. Livermore, seconded by Mr. Boudinot, in the following words; "That a vice-president be chosen by ballot, to exercise the office of vice VOL. IV. 2 president of Congress in the absence or inability of the president, until the first day of November next; and that in case of such absence or inability, the vice-president shall exercise all the powers of president of Congress." On the question to agree to this, the yeas and nays being required by Mr. Scott, So the question was lost. ay no ay} div. no ay ay A motion was then made by Mr. Bee, seconded by Mr. Middleton, "That whenever the president for the time being, shall be prevented, by sickness or otherwise, from attending the house, one of the members present be chosen by ballot to act as chairman for the purpose of keeping order in the house only, but that all official papers shall nevertheless be signed and authenticated by the president as heretofore." On the question to agree to this, the yeas and nays being required by Mr. Scott, So it was resolved in the affirmative. Congress thereupon proceeded to the election of a chairman; and, the ballotsbeing taken, the honorable D. Carroll was elected. The under secretary in the office of foreign affairs, having, according to order, sent up copies of two letters from Dr. Franklin, one dated March 31st, 1778, and directed to the hon. Henry Laurens, esq. president of Congress; and the other dated 22d of July, 1778, and directed to the hon. James Lovell, esq. and the same being read, On motion of Mr. Lee, seconded by Mr. Patridge. Ordered, That the copies of the letters from Dr. Franklin, just read, be delivered to Mr. Lee. Ordered, That Mr. Lovell have leave of absence. TUESDAY, April 16, 1782. A petition of John Buhler, of New-Orleans, in Louisiana, a subject of his Catholic majesty, was read; praying relief and compensation for continental money which he received in the years 1776 and 1778, of capt. Gibson, and capt. Willing, and their men, in the service of the United States; and of col. D. Rogers, and his men, of the Virginia militia, and which money he has still in his possession. On motion of Mr. Clark, seconded by Mr. Smith, Resolved, That the petition of John Buhler be referred to the future consideration of Congress, when they shall be more competent to judge of the propriety of making good that and other similar claims. According to order, Congress proceeded to the consideration of the report of the committee, consisting of Mr. Boudinot, Mr. Varnum, Mr. Jenifer, Mr. T. Smith, and Mr. Livermore, to whom was re-committed a report on the cessions of New-York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, Illinois, and Wabash companies, but came to no determination thereon. WEDNESDAY, April 17, 1782. The committee, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Livermore, and Mr. Law, to whom was referred the letter of 31st of March, from Jonas Fay and others, together with other papers on the files relating to the same subject, received since the 20th of day August last, delivered in a report, which being read, A notion was made by Mr. Scott, seconded by Mr. Livermore. "That the first Tuesday in October next be assigned for the consideration of the report." And on this question the yeas and nays were required by Mr. Scott. "That Congress on the 20th of August last, by the votes of nine states, resolved as follows: on a re-consideration of the resolution respecting the people inhabiting the New-Hampshire Grants, it was altered and agreed to as follows: It being the fixed purpose of Congress to adhere to the guarantee to the states of New-Hampshire and New-York, contained in the resolutions of the 7th inst. Resolved, That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line beginning at the north-west corner of the state of Massachusetts; thence running 20 miles east of Hudson's river, so far as the said river runs north-easterly in its general course; thence by the west bounds of the townships granted by the late government of New-Hampshire, to the river running from South-Bay to Lake Champlain ; thence along said river to Lake Champlain; thence along the waters of Lake Champlain to latitude 45 degrees north, excepting a neck of land between Missiskoy-Bay and the waters of Lake Champlain," which resolution was re-considered and confirmed on the succeeding day, to wit, the 21st of the same month : That in the opinion of your committee, the competency of Congress to enter into the above resolutions was full and complete, the concurrent resolutions of the senate and assembly of the state of New-York, of the 15th and 19th of November last, containing a protest against the authority of Congress in the matter notwithstanding, these concurrent resolutions in letter and in spirit, being undeniably incompatible with a legislative act of the said state of a preceding day, to wit, the 21st of October, 1779, wherein there is an absolute reference of the dispute between that state and the people of Vermont, respecting jurisdiction, to the final arbitrament and decision of Congress; and from which alone would result to Congress all the necessary authority herein: That on the day of the people residing in the district called Vermont, in considering the said acts of Congress of the 20th and 21st of August, did reject the propositions therein made to them, as preliminary to an acknow |