Whereas Lieutenant Edward Phelon, of the 4th Massachusetts regiment, hath, by his memorial, set forth, that while he was fighting for the liberties of the United States, he received several wounds, under which he has for four years past borne the most excruciating pains; and that during that time, he has been without any other support from the public, than what has been given to other officers in full health; and that he is still a cripple: and whereas the facts above set forth, are certified to be true in all their parts, by eleven of the general officers of the army, who have moreover recommended him as having served with reputation to himself, and advantage to the United States, and as deserving the favor and consideration of Congress: therefore,

Resolved, That the Secretary at War issue to Lieutenant E. Phelon, a commission of captain in the army of the United States.1

On the question to agree to this, the yeas and nays being required by Mr. [William] Ellery,

1 This report is in the Papers of the Continental Congress, No. 19, V, folios 139 and

141. A copy of the preamble and resolution is on folio 145.

So it was resolved in the affirmative.1

WEDNESDAY, OCTOBER 1, 1783

The Superintendant of finance, to whom was referred a memorial of John Halsted, having laid before Congress a report from the commissioner of accounts for the commissary's department, on the accounts of the said J. Halsted, Resolved, That the accounts of John Halsted be settled on the principles stated in the said report.

2

Congress resumed the consideration of the before mentioned report, and thereupon,

Resolved, That Mr. Jay be authorised to direct Mr. Carmichael to repair to Paris, should Mr. Jay be of opinion that the interest of the United States at the Court of Madrid may not be injured by Mr. Carmichael's absence; and that he bring with him the books and vouchers necessary to make a final and complete settlement of the accounts of public money which have passed through the hands of Mr. Jay and himself, and that Mr. Barclay attend Mr. Jay and Mr. Carmichael to adjust those accounts.

Resolved, That Mr. Jay have leave to go to Bath, should he find it necessary, for the benefit of his health.

1On this day, as the indorsement indicates, was read a letter, dated Albany, September 25, from General Schuyler, on Indian affairs. It is in the Papers of the Continental Congress, No. 153, III, folio 617.

On this day, as the indorsement indicates, was read the memorial of Fleury Mesplet, printer, dated Montreal August 1, 1783, and referred to Mr. [Samuel] Holten, Mr. [Arthur] Lee and Mr. [Abraham] Clark. It is in No. 41, VI, folio 305, and the letter of transmittal, of the same date, is in No. 78, XVI, folio 365. According to Committee Book No. 186, the committee was discharged November 1.

2 The letter of the Superintendent of Finance, dated September 29, is in the Papers of the Continental Congress, No. 137, III, folio 159.

From this point to the end of the day the proceedings were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

8 See ante, September 29.

The following paragraph being debated, viz.

That the ministers be informed that Congress do not intend to appoint any other than citizens of the United States to the office of consuls or vice consuls.

On the question to agree to this, the yeas and nays being required by Mr. [Elbridge] Gerry,

Ordered, That the committee appointed to prepare instructions to the ministers of the United States prepare drafts of letters to the several ministers, to be signed by the President, on the respective subjects beforementioned.

The Committee consisting of Mr S[amuel] Huntington, Mr [Abraham] Clark and Mr [Elbridge] Gerry to whom were referred the report on the letter of President Weare of the State of New Hampshire, report:

That by an act of Congress of the 4th Sept., 1782, it is recommended to the legislatures of the respective States to levy such taxes as shall appear to them effectual for immediately raising their quotas of

1,200,000 dollars, which when raised in each State shall be applied towards paying the interest due on certificates issued from the loan office of such State, and other liquidated debts of the United States contracted therein, before any part thereof shall be paid into the public treasury. In order, therefore, that every embarrassment in the way of conducting this business to the greatest convenience to the States may be removed,

Resolved, That the legislatures of the several States be authorized to require the loan officers in their respective States, to take receipts for one year's interest upon all certificates issued from the Loan Office of each State tendered for [obliterated] on which one year's interest interest was due at the time of passing the abovesaid act, and to issue certificates for such interest under the authority of the State in such manner as the legislature shall direct, which State certificates thus issued shall not bear interest, but may be received in taxes for the quota of such State as fixed by the requisition above mentioned; That the several loan officers be required to keep an exact [line cut off] discharge-the U. S. for the same against the creditors so paid [provided that no State issue certificates for interest to the amount of a greater loan than such States quota of the beforementioned requisition].1

The committee of the week [Mr. James McHenry, Mr. Silas Condict and Mr. Elbridge Gerry] report that the petition of Joseph Traversi be read in Congress.2

[THURSDAY, OCTOBER 2, 1783]

The Committee, consisting of Mr S[amuel] Huntington, Mr [James] Duane and Mr [James] Madison, to whom the Communication from the Minister of France of the 17 Instant was referred, Submit the following Report:

1 This report, in the writing of Abraham Clark, except the part in brackets at the end, which is in the writing of Samuel Huntington, is in the Papers of the Continental Congress, No. 20, I, folio 27. The indorsement shows that it was delivered October 1, read, and ordered to be taken into consideration on Tuesday, October 8.

2 This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 42, VII, folio 454. Traversi's memorial is on folio 451.

On this day, as the indorsement states, a memorial from Henry Remsen, Jr., and Benjamin Bankson, clerks in the office of the Secretary of Congress, dated Princeton, October 1, asking for an allowance for extra services and expenses, was read and referred to Mr. [Abraham] Clark, Mr. [Samuel] Holten and Mr. [Benjamin] Hawkins. According to Committee Books No. 186 and No. 191, the report was made October 6 and acted upon October 31. The memorial is in No. 41, VIII, folio 335.

Your Committee find a Report already made on a letter from the Superintendant of Finance, which contains a proper form for the ratification of the Contract made by Dr Franklin with the Count de Vergennes the 25th of February 1783 for six millions of livres, which ought to be immediately ratified-and the same being done, your Committee submit the following Resolutions,

Resolved, That the Minister of France be informed in answer to his communication of the 17th Instant, that all the Contracts and articles mentioned in his communication have been duly ratified by the United States in Congress Assembled, and that the last Contract of the 25th of February 1783 only remains to be transmitted to our Minister in France, which will be done without loss of time.1

FRIDAY, OCTOBER 3, 1783

Whereas it is provided in the sixth of the Articles of Confederation, that "no vessels of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary by the United States in Congress assembled, for the defence of such State or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only as in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State"; and the delegates of the State of Virginia having applied to Congress, for their approbation of two armed vessels being kept up by the said State at its own expence, for the purpose of securing her trade; and having also laid before Congress an act passed by the legislature of the said State, entitled "An Act directing the inlistment of guards for the public prisons and stores"

Resolved, That the State of Virginia may keep up, at its own expence, two armed vessels for the defence of the trade of that State, provided that the same do not exceed the number of 14 guns, six pounders, and seventy-five men each.

1 This report, in the writing of Samuel Huntington, is in the Papers of the Continental Congress, No. 25, II, folio 269. The indorsement states that it was passed this day. 76112°-22-VOL 25-8