The committee [Mr. Ezra L'Hommedieu, Mr. James McHenry and Mr. Samuel Huntington] to whom was referred the petition of Col. Jonathan Trumbull praying that depreciation of his pay as deputy paymaster general in the Northern Department may be allowed in the settlement of his account,

Report, That as Col. Trumbull retired from that service the 29th of July, 1778, his claim cannot be admitted consistent with the rule established by Congress in similar cases.1

Whereas it is provided by the ninth of the Articles of Confederation and perpetual union between these states that "the United States in Congress Assembled shall never engage in a war nor grant letters of Marque and Reprisal in time of peace nor enter into any treaties or alliances nor coin money, nor regulate the value thereof nor ascertain the sums and expences necessary for the defence and welfare of the United States nor any of them nor emit bills, nor borrow money on the credit of the United States, nor appropriate money nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised nor appoint a Commander in Chief of the army or navy unless nine states assent to the same." And whereas it is further provided by the eleventh of the Articles of Confederation that "Canada acceding to this confederation and joining in the measures of the United States shall be admitted into and entitled to all the advantages of this union but no other colony shall be admitted into the same unless such admission be agreed to by nine states." No provision however is made for the number of states that shall be required to agree in determining the above questions when the number of the states in the union shall exceed thirteen. And whereas the determination of those interesting questions by nine states after the original number had been increased would be a manifest departure from the spirit of the Confederation and might prove dangerous to the Union, therefore, Resolved, That the following addition to the Articles of Confederation and perpetual union between these states be and the same is hereby agreed to in Congress, and the several states are advised to authorise their respective Delegates to subscribe and ratify the same as part of the said instrument of union in the words following, to wit, Whenever a fourteenth State shall be admitted into the present union the vote and assent of ten states shall become necessary in determining all those questions in the Congress of the United States

1 This report, in the writing of Ezra L'Hommedieu, is in the Papers of the Continental Congress, No. 19, VI, folio 91. The indorsement states that it was read on this day.

which are now determined by no less than nine states. Whenever a fifteenth state is admitted the assent of eleven states shall become necessary; whenever a sixteenth State is admitted the assent of twelve states shall become necessary and thus onward, in such manner that the assent of at least three fourths of all the states in the union, shall ever be necessary in determining those questions in the Congress of the United States, which may not be determined at present by less than nine states."

1

TUESDAY, SEPTEMBER 16, 1783

Congress took into consideration the report of a committee, consisting of Mr. S[amuel] Huntington, Mr. [Elbridge] Gerry and Mr. [Abiel] Foster, to whom was referred a report on a letter of the 11 July last, from the legislature of Massachusetts,

The Committee consisting of Mr S[amuel] Huntington, M: [Elbridge] Gerry and M [Abiel] Foster, to whom was referred the report of a Committee on a letter from the Legislature of Massachusetts, dated the 11th of July last submit the following report.

Whereas the Citizens of these United States in establishing their liberties, have for a series of years made great sacrifices of their property; and whereas on a return of the blessings of peace, and the diminution of the prices of articles of subsistence, it is become the duty of Congress to reduce every unnecessary expence, as well to support the public credit, as to relieve their Constituents from a pressure of taxes, which however burthensome has been unavoidable; Resolved, That after the first Monday in November next the establishments and salaries of all officers in the Marine Department, excepting the Agent of Marine; in the War Department, excepting the Secretary at War; and in the Department for Foreign Affairs,

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 24, folio 137. The indorsement states that it is the report of Mr. [Hugh] Williamson, Mr. [Samuel] Huntington and Mr. [Stephen] Higginson, "to whom was referred a motion of Mr. Williamson] for an additional Article of Confederation.” It was delivered on this day, entered and read.

On this day, according to the indorsement, a memorial of Lieutenant Edward Phelon, asking promotion to the rank of captain, and means to return to his family in Halifax, Nova Scotia, was read and referred to Mr. [James] McHenry, Mr. [Benjamin] Hawkins, and Mr. [James] Madison. It is in No. 41, VIII, folios 176-178. According to the indorsement, and to entries in Committee Books No. 186 and No. 191, a report was delivered September 17 and acted upon September 30; and further action was taken September 1, 1785.

excepting the Secretary of that Department, shall terminate and

cease.

day of

next

And, That after the said dollars per annum shall be allowed to the Agent of Marine for managing the business of that Department, and for payment of the Clerks and contingent expences of the Office; he shall appoint and remove at pleasure all persons employed under him, and be responsible for their conduct in Office.

Resolved, That from and after the first day of December next three thousand dollars per annum shall be allowed to the Secretary at War for managing the business of that Department, and for payment of the necessary Assistants or Clerks, and contingent expences of the office; he shall appoint and remove at pleasure all persons employed under him, and be responsible for their conduct in Office; he shall also keep one assistant or clerk constantly in the office, to attend to the business thereof [he shall also keep a public office in the place where Congress shall sit which shall be constantly attended by an assistant or clerk for the despatch of the business thereof]. He shall visit at least once a year, all the magazines and deposits of public stores and report the state of them with proper arrangements to Congress, and shall settle the accounts of the Department, and attend on Congress when required.

Resolved, That dollars per annum shall hereafter be allowed to the Secretary for Foreign Affairs for managing the business of that Department and for payment of the Clerks and Contingent expences of the Office; he shall appoint and remove at pleasure, all persons employed under him, and be responsible for their conduct in office; provided that the Clerks in each of the said Departments shall be reported to and removed at the pleasure of Congress.1

1 This report, in the writing of Elbridge Gerry, except the part in brackets, which is in that of James Duane, is in the Papers of the Continental Congress, No. 36, II, folio 185. It is indorsed: "first part of report of committee on letter 11 July from Legislature of Massachusetts, 17 Sept, 1783, referred to Mr. [James] Duane, Mr. S[amuel] Huntington, Mr. [Hugh] Williamson, Mr. [Elbridge] Gerry, Mr. [Abraham] Clark." According to the record in Committee Book No. 186, a motion of Mr. Stephen Higginson, September 17, was at the same time referred to this committee, who were directed also to consider what reductions might be made in the civil list, and to report specially on each department. A report in part was delivered September 27; and on December 18 the committee was renewed, and Mr. [James] Tilton, Mr. [Thomas] Jefferson and Mr. [James] McHenry were appointed, in place of Duane, Huntington and Clark. This committee reported March 5, 1784. See post, September 25, 1783.

and the first part being amended so as to read,

That after the first Monday in November next, the establishment and salaries of all officers in the marine department, excepting the agent of marine, shall terminate and cease; and that from and after the said first day of November next, dollars per annum, shall be allowed to the agent of marine, for managing the business of that department, and for payment of the clerks and contingent expences of the office. He shall appoint and remove at pleasure all persons employed under him, and be responsible for their conduct in office.1

A motion was made by Mr. [Theodorick] Bland, seconded by Mr. [David] Howell, to strike out the words, "excepting the agent of marine:" And on the question, shall those words stand? the yeas and nays being required by Mr. [Elbridge] Gerry,

So the question was lost, and the words were struck out.

1 This paragraph, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, II, folio 189. The amount for the agent of marine is filled in as eight hundred dollars. The vote is indorsed on it.

Madison,
Bland,

ay ay

no

North Carolina,

Mr. Hawkins,

ay

Williamson,

ay

} ay

South Carolina,

Mr. Read,

ay

Beresford,

ayay

} a

On motion, the blank in the second part was filled with the words eight hundred.

SIR

OFFICE OF FINANCE, 13th Sept. 1783.

Immediately on the Receipt of the Acts of Congress of the eighteenth and nineteenth of last Month, they were transmitted to the Comptroller of the Treasury, with Directions to furnish the Information required. A Copy of his Answer, of the fifth Instant, is enclosed, to which I beg Leave to add (by Way of Explanation) that Mr. Nourse the Register is absent with Leave for about three Weeks in the whole, in Order that he might Visit his Friends in Virginia.

During his Absence, an Answer to the resolution of the fifth Instant must for the same Reasons be in some Measure delayed, but every Information not dependent on the Treasury Offices, shall be given. The Enclosed Copy of my last Letter from Mr. Grand, of the twentieth Day of July last, will give every knowledge on the Subject of Bills paid by him, which I possess, and will at the same Time shew the Reasons why to this Moment no Accounts of our foreign pecuniary Transactions can be accurately rendered. It will probably surprize you, Sir, as I confess it did me, to find that the Bills drawn before my Administration (and which he calls my Drafts on their Excellencies, Dr. Franklin, Messrs. Adams, Laurens, and Jay) had not been so advised of, as that even the Amount could be known. The List mentioned as transmitted by me, was the best which I could obtain, being extracted from the Treasury Books.

With Respect to Cloathing, No Money has been expended for the Purchase of it in Europe, by my Order; but since my Coming into Office a Part of that which was Ordered by Colo. Laurens was procured, and also some Cloathing by Mr. Barclay, and also some Expences have doubtless accrued by the Lading, Unlading, Relading of it &c. Congress will easily see that I cannot presume or attempt to render Accounts of these Expences, until your Commissioner in Europe shall have adjusted them and transmitted to me the Copies. No Man in Congress can be more earnestly desirous than I am, to obtain a final Liquidation of these foreign Accounts, and I must take Leave to say, that if the Appointment of a Commissioner was not earlier made, it was not because I had been inattentive to that Object or had neglected to bring the Matter before Congress.