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several states in proportion to the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes in each State, which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint."
It is resolved, and enacted by this assembly, that the delegates of this State, in the Congress of the United States, or any two or more of them, be, and they are hereby fully authorised and empowered, on behalf of this State, to subscribe and ratify the afore-recited alteration in the 8th of the Articles of Confederation and perpetual union between the United States of America, as a part of the said instrument of union 1
The delegates for the State of Pensylvania, laid before Congress sundry resolutions of the general assembly of that State, which were read and ordered to be entered on the Journal as follows:
"State of Pensylvania, in General Assembly, Friday, August 29,
1783, A. M.
The report of the committee appointed to consider of the most eligible means for the accommodation of Congress, should that honorable body determine to reside within this State, read August 27 instant, was read the second time; whereupon,
Resolved unanimously, That until Congress shall determine upon the place of their permanent residence, it would be highly agreeable to this house, if that honorable body should deem it expedient to return to and continue in the city of Philadelphia; in which case they offer to Congress the different apartments in the state-house and adjacent buildings which they formerly occupied for the purpose of transacting the national business therein.
Resolved unanimously, That this house will take effectual measures to enable the executive of the State to afford speedy and adequate support and protection to the honor and dignity of the United States in Congress, and the persons of those composing the supreme council of the nation assembled in this city.
1 This act is in the Papers of the Continental Congress, No. 75, folio 77.
Resolved unanimously, That as this house is sincerely disposed to render the permanent residence of Congress in this State commodious and agreeable to that honorable body, the delegates of this State be instructed to request that Congress will be pleased to define what jurisdiction they deem necessary to be vested in them, in the place wherein they shall permanently reside.” 1
The Committee [Mr. Stephen Higginson, Mr. Ralph Izard, Mr. Benjamin Huntington] to whom was committed the letters from Mr Laurens and Mr Carmichael &c. &c. submit the following resolutions.
That Commissions be forthwith prepared and forwarded to John Adams, Benj. Franklin, John Jay, and Henry Laurens Esqrs. authorising them or any two or more of them to negotiate a treaty of amity and commerce with the Court of Great Britain upon terms of the most perfect reciprocity, and so as to render the trade of these United States with Britain and her Dominions beneficial and respectable; the commercial regulations in said treaty to be made as near as possible in conformity to the liberal principles, contained in the articles proposed by the Ministers of the United States to Mr Hartley on the 29th day of April last; the treaty to continue for the term of fifteen years and to be subject to the revision of Congress previous to its being ratified; and that they have liberty to extend the duration of such commercial regulations as may have been formed with Britain to a period sufficiently distant for revising and ratifying the said treaty, or to agree upon new regulations for that purpose, as they shall judge most expedient.
That the said Commissioners or any one or more of them be authorised to negotiate with the Emperor of Morocco and such other States on the coast of Barbary as may be necessary, for procuring passports for the vessels of the U.States, and to apply if they think it expedient to such of the Powers in Europe as are in amity with the United States for their assistance in such negotiations.
The Committee are of opinion that treaties of Amity and Commerce should be formed with the Court of Portugal, the Emperor of Germany, the King of Naples and Sicily and with the Grand Duke of Tuscany as soon as circumstances will permit.
They are also of opinion that M: William McCormick should be informed that Congress can give him no decisive answer upon the subject of his memorial, and that if he is desirous of establishing himself in his business in any part of America the United States he must apply to the government of the particular State in which he wishes to reside.
* These resolutions are in the Papers of the Continental Congress, No. 69, II, folio 451. The letter of transmittal, dated August 30, is on folio 457.
[TUESDAY, SEPTEMBER 2, 1783]
[Report of Mr. Richard Peters, Mr. James McHenry, Mr. Ralph
Izard, Mr. James Duane, Mr. Samuel Huntington, on the concurrent resolutions of the assembly and Council of New York of 21st and 220 July, 1782, for augmenting powers of Congress.]
The Committee to whom was referred a letter from the governor of the State of New York of the 4th Aug. 1782, with sundry resolutions of the Legislature of the said State therein referred to, report,
That it will be proper for Congress to postpone the further Consideration of the said Resolutions until the effect of their Resolution of the 18th day of April last, relating to Revenue shall be known.
The Committee of the Week (Mr. Jacob Read, Mr. Abiel Foster and Mr. William Ellery] on consideration of the petition of Ebenezer Augustus Smith formerly a Surgeon in the General Hospital praying that depreciation may be allowed him, report as their opinion that the request of the said Ebenezer Augustus Smith being similar to that of D: Dirk Van Ingen lately determined by Congress cannot be granted
1 This report, in the writing of Stephen Higginson, is in the Papers of the Continental Congress, No. 19, III, folio 447. It was read this day, according to the indorsement, which also states that it was superseded by the instructions passed October 29, 1783.
According to the record in Committee Book No. 186, Laurens's letter was dated June 17, 1783, and was referred to the committee on August 15. McCormick proposed to establish a cotton manufactory in the United States, and his memorial was referred to the committee on August 28.
A letter from the President of Congress dated this day was read, the indorsement states, saying he had been unable to procure a house in Princeton. It is in No. 59, III, folio 61.
On this day, as the indorsement states, was read a letter of August 30 from General Washington, enclosing copies of Major General Baron Steuben's report, and his correspondence with General Haldimand respecting the withdrawal of British forces from western posts. It is in No. 152, XI, folio 449. It was referred to Mr. [Ralph] Izard, Mr. Benjamin) Hawkins, Mr. [James) Duane, Mr. A[rthur] Lee and Mr. [Stephen] Higginson. According to Committee Book No. 186, the committee was discharged December 18.
Also, a letter of August 23, from John Morgan concerning trade in the West Indies. It is in No. 63, folio 177.
This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 20, I, folio 391. The indorsement states that it was delivered on this day, entered and read.
without infringing the rule established by Congress of the 10th day of April 1780.1
[WEDNESDAY, SEPTEMBER 3, 1783] The Committee consisting of M: [Jacob] Read, M: [William] Ellery, and M: [Hugh] Williamson to whom was referred a resolve of the General Assembly of the State of Virginia of the 17th June 1783, Report,
That your committee are informed, That works erected in several of the United States, have been leveled and destroyed, without any instance of an application to Congress heretofore for money to defray the expence of levelling and destroying the same.
Nevertheless, should it be thought consistent with justice, that the works erected by the troops of the United States, the troops of his Most Christian Majesty acting as auxiliaries to the United States, or works left by the troops of Great Britain on their evacuating any particular State, should be levelled and destroyed at the public expence, yet such is the state of the public finances, that Congress cannot comply with the request of the State of Virginia to obtain a sum of money not exceeding seven hundred and fifty pounds for the purposes of levelling the fortifications erected by the troops of his Most Christian Majesty at York Town in the County of York, and at Gloucester Town in the County of Gloucester in the State of Virginia. [Report of Secretary at War on Mr. Eliphalet Dyer's motion respecting promotions after the cessation of hostilities.
PRINCETON, July 26, 1783.
On the motion of Mr. Dyer, and the report of a committee of Congress on that motion I beg leave to submit the following report.
That, during the existence of the present army, all vacancies be filled up (excepting new appointments of ensigns) as has been heretofore practiced. But where rank by brevet is conferred, the act of Congress directing the appointment should express that it is by brevet, and it may now be resolved that in future where commissions by brevet are issued they shall not be considered as granting, or entitling to any pecuniary gratuity or other emolument than rank in the army of the United States.1
1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 32, folio 517. According to the indorsement it was agreed to on this day. Smith's petition, dated Wilmington, August 1, 1783, is in No. 42, VII, folio 161.
On this day, as the indorsement indicates, was read a letter of September 1 from General Sir Guy Carleton, transmitting the proceedings of the general court martial appointed for the trial of counterfeiters. It is in No. 52, folio 9.
Also, a letter of August 31 from Major General Robert Howe. Itis in No.38, folio 115.
* This report in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 20, II, folio 311. The indorsement states that it was delivered this day, entered and read.
WAR OFFICE August 30, 1789. SIR
On a letter from Major General Knox, and a petition from a company of artillery artificers under the direction of Captain Anthony Post, I beg leave to report that I have examined the acts of Congress which respect the settlements of depreciation, and I do not find any one which will apply to the objects of the petition, nor has there been any settlement made similar to the one now requested. But in consideration of the services rendered by the Petitioners, which are authenticated by Major General Knox, I beg leave to submit the following draught of a resolve in their favor.
Resolved, That it be recommended to the States of Connecticut and New York to settle the pay and depreciation of pay of those officers and soldiers belonging to their States respectively, who served in Captain Post's company of artillery artificers, due attention being had, in the settlements, to the real value of their nominal pay when they were inlisted. And that the amount of said pay and depreciation of pay be charged to the United States.?
1 This report is in the Papers of the Continental Congress, No. 21, folio 363. The indorsement shows that it was delivered July 26, entered and read, and on September 3 referred to Mr. (James) McHenry, Mr. (Richard] Peters, Mr. [James] Duane.
2 This report from William Jackson, Assistant Secretary at War, is in the Papers of the Continental Congress, No. 149, III, folio 175. According to the indorsement, and the record in Committee Books No. 186 and No. 191, Knox's letter and the petition from the artificers were referred to the Secretary at War on August 27. The report of August 30, from the Assistant Secretary, was delivered September 3, read, and entered. On September 25, it was referred back to the Secretary at War, and he delivered a report September 27, which was acted upon, October 17.
On this day, according to the indorsement, was read a letter, of same date, from William Jackson, Assistant Secretary at War, enclosing a letter, of August 17, from Brigadier General William Irvine, respecting settlements beyond the Ohio and the consequent danger of an Indian War. They were referred to Mr. [James] Duane, Mr. [Richard] Peters, Mr. [Daniel] Carroll, Mr. [Benjamin] Hawkins and Mr. Arthur] Lee. According to Committee Books No. 186 and No. 191, the committee delivered a report, on this and other papers relating to Indian affairs, on September 19, and it was acted upon, October 14. Jackson's letter is in No. 149, III, folio 183, and Irvine's on folio 179.