within the ceded territory, inconsistent with the chartered rights, laws and customs of Virginia, should be deemed and declared absolutely void and of no effect, in the same manner as if the said territory had still remained subject to and part of the Commonwealth of Virginia. 8. That all the remaining territory of Virginia, included between the Atlantic ocean and the southeast side of the river Ohio, and the Maryland, Pensylvania and North Carolina boundaries, should be guarantied to the Commonwealth of Virginia, by the said United States. Whereupon your committee are of opinion, that the first condition is provided for by the act of Congress of the 10th of October, 1780. That the second condition is substantially comprehended-in-the engagement made by Congress in the said act, and [That in order to comply with the second condition so far as has been heretofore provided for by the act of the 10th of October, 1780, it is agreed] that one commissioner should be appointed by Congress, one by the State of Virginia, and another by those two commissioners, who, or a majority of whom, should be authorised and empowered to adjust and liquidate the account of the necessary and reasonable expences incurred by the said State, for the purpose men tioned in the said condition [which they may judge to be comprised within the true intent and meaning of the said recited act.] With respect to the third condition, the committee are of opinion, that the settlers therein described should have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. Your committee are further of opinion, that the 4th, 5th and 6th conditions being reasonable, should be agreed to by Congress. With respect to the 7th condition, your committee are of opinion, that it would be improper for Congress to declare the purchases and grants therein mentioned, [void, as they ought not to prejudge the claims of individuals or others, but ought to leave them to be determined according to the principles of equity and the Constitution] absolutely void and of no effect; and that the 6th condition, engaging how the lands beyond the Ohio shall be disposed of, is sufficient on this point. As to the last condition, your committee are of opinion, that Congress cannot agree to guarantee to the Commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the State of Virginia to the said land; and that by the acts of Congress it appears to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to require recommend and accept a cession of their claims, whatsoever they might be, to vacant territory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land above-mentioned is really the property of the State of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that State, there is no reason or consideration for such guarantee. Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress should accept such cession. And that a committee be appointed to repair to the State-of Virginia, make the proper representation to its legislature, and endeavor to obtain what may be necessary on the part of the State for carrying the views of Congress into effect,' 1 A printed copy of this report, which was the one considered, as the indorsement shows, is in the Papers of the Continental Congress, No. 30, folio 563. It was delivered June 6, debated June 20, and agreed to on September 13. The amendments in the printed copy, made in Congress, which are indicated by brackets, are in the writing of Elias Boudinot. A manuscript draft of the report, in the writing of John Rutledge, is on folios 5651-567. It is indorsed as delivered June 6, entered and read and "Monday next assigned." A copy in the writing of Charles Thomson is on folios 589-595. On the question to agree to this report, the being required by Mr. [David] Howell, New Hampshire, Mr. Foster, Massachusetts, Maryland, yeas and nays no}* Virginia, So it was resolved in the affirmative. On the report of a committee, consisting of Mr. [James] Duane, Mr. [John] Rutledge and Mr. [Jacob] Read, to whom were referred certain papers respecting the mutiny of a part of the continental troops of the Pensylvania line: That they have duly considered the proceedings of the general Court-Martial whereof The Brigadier General John Paterson was president lately held near the City of Philadelphia in the State of Pensylvania for the trial of persons promoting or concerned in the late mutiny of the said troops stationed at Lancaster in the said State and in the Barracks of the City of Philadelphia and the motion of Mr. Read with the amendment proposed by Mr. Williamson and therefore submit the following report. That in consideration of the bravery, fidelity and persevering exertions of the American army in general during the long, arduous and glorious war in which they have been engaged; from a sense of their fortitude in patiently submitting to innumerable wants and hardships; in consideration of the speedy submission of the troops concerned in the mutiny, their return to their duty, and their penitence for their offences; that they were seduced and stimulated by the arts and practices of the late Captain Carberry of the Pen sylvania line and Lieut- Sullivan of the regiment of light dragoons, who have fled from justice, that the persons convicted by the court appear to have been mere instruments of their more artful leaders; and lastly in consideration that no lives have been lost nor any violent outrage on private property committed during the said mutiny,' A pardon to be granted to Christian Nagle and John Morrison late serjeants in the third Pensylvania regiment who have been convicted by sentence of the said general Court Martial and are now under sentence of death;" Lilly and Drummer and also to gunner -Horn of the fourth Pensylvania Artillery and to Thomas Flowers and William Carman soldiers in the third Pensylvania regiment severally-senteneed to receive corporal punishemnt by whipping, and submit the following form of a pardon as proper on the occasion, to be issued under the seal of the United States: Congress agreed to the following act and resolutions: THE UNITED STATES IN CONGRESS ASSEMBLED, To all to whom these presents shall come, be seen or made known, send greeting: Whereas at a general court-martial, whereof Brigadier General John Patterson was president, lately held near the city of Philadelphia, in 1 "In consideration of the bravery, fidelity and persevering exertions of the American army and that happily no lives were lost during the late mutiny &c and that the principals have escaped &c That a pardon be granted to This passage, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, IV, folio 201. It is undated. the said The following, in the writing of Elias Boudinot, is on folio 205: "And whereas Capt Carberry of and and Lt Sullivan of prisoners appear not to have been the principals in the said mutiny have fled from jastice and no lives having been lost by their means or any violenee destruction of private property committed during the said mutiny" 2 "That a general pardon be granted to all such persons as have been convicted and sentenced to suffer death or corporal punishment for mutiny or aiding and abetting the same by the late general court martial held at Philadelphia the principals of such mutiny having escaped." This passage, undated, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, IV, folio 203. the State of Pensylvania, for the trial of persons promoting or concerned in the late mutiny of part of the Pensylvania line of continental troops, stationed at Lancaster, and in the barracks of the city of Philadelphia, in the said State, Christian Nagle and John Morrison, late serjeants in the third Pensylvania regiment, were severally charged with, and convicted of a breach of the third article of the second section of the rules and articles of war, and by award of said court were severally sentenced to suffer death. And whereas also gunner Lilly and drummer Horn, of the fourth or Pensylvania artillery, and Thomas Flowers and William Carman, soldiers in the said third Pensylvania regiment, were severally charged with, and convicted of a breach of the said article and section of the rules and articles of war, and by award of the said court, were severally sentenced to receive corporal punishment. And whereas the said prisoners appear not to have been principals in the said mutiny, and no lives having been lost, nor any destruction of property committed; now know ye, that of special grace and mere motion, and by virtue of the power and authority vested by the Articles of Confederation and perpetual union, the United States in Congress assembled, have thought fit to pardon and remit, and by these presents do grant a full, free and absolute pardon and remission to the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman, and each of them, of all judgments or sentences of death, or other corporal punishment, pains or penalties whatsoever given or awarded by the said general court-martial. And we do strictly charge and command, all and singular our officers, civil and military, to surcease from longer molestation or imprisonment of the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman; and do further will and require, that they severally from henceforth go free and acquit of their several convictions, judgments and sentences aforesaid. Done in Congress this 13 day of September, 1783. Resolved, That the sentences of the court-martial acquitting Captain Christie, Captain Symonds and Lieutenant Huston, be, and they are hereby confirmed. Resolved, That the thanks of Congress be given to Major General Robert Howe, for the prudence and propriety with |