which he executed the enquiry into the late mutiny of a part of the Pensylvania line of continental troops.1

The Committee [Mr. Richard Peters, Mr. Theodorick Bland, Mr. Samuel Huntington] to whom was referred the letter of Col. Pickering with its enclosures relative to a demand made in behalf of the State of N. York for damages done the lands confiscated by the laws of that State, by the allied Army, report,

That the consideration thereof be postponed until Congress shall determine on making allowances to all sufferers in the like cases during the late war."

MONDAY, SEPTEMBER 15, 1783

On the report from the Secretary at War:

Resolved, That the commission of lieutenant colonel by brevet, in the army of the United States, be issued to Major Murnan,3

1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 21, folio 367. The final resolution, also in Jacob Read's writing, is in No. 36, IV, folio 199.

2 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 19, V, folio 177. According to the indorsement it was read this day. Pickering's letter, dated Newburgh, August 30, 1783, is in No. 165, folio 669. It was read and referred to the committee, September 8. Copies of the appraisements are on folios 673 and 675.

On this day, as the indorsement states, was read the memorial of Lieutenant William Stuart, of Brigadier General Hazen's regiment, dated Princeton, September 11, 1783, praying for relief from suits against him for acts done according to military orders. It was referred to Mr. [Benjamin] Hawkins, Mr. A[rthur] Lee and Mr. [James] Duane. It is in No. 41, IX, folio 223.

Also, a petition of James Elliot, respecting his pay as Assistant Geographer, which was referred to Mr. [Hugh] Williamson, Mr. [Arthur] Lee and Mr. [Richard] Peters. It is in No. 42, II, folio 408. The letter of Simeon DeWitt and the memorial of Thomas Hutchins were referred to the same committee. The memorial of Thomas Hutchins, dated Philadelphia, September 8, is in No. 41, IV, folio 107, and DeWitt's, dated August 5, is in No. 78, VIII, folio 17. See post, October 20.

3 The report of the Secretary at War, dated June 16, is in the Papers of the Continental Congress, No. 149, III, folio 49. According to the indorsement and to the record in Committee Book No. 186, it was referred, on June 17, with other similar matters, to Mr. [Thomas] Mifflin, Mr. [John Francis] Mercer and Mr. [Alexander] Hamilton. On July 16 the committee was renewed, Mr. [James] McHenry and Mr. [Richard] Peters replacing Mifflin and Mercer; and on July 30, Mr. [James] Duane took Hamilton's place.

On motion of Mr. Bland [Daniel] Carroll, seconded by Mr. [James] McHenry,

Resolved, That General Washington have access to the secret papers of Congress, under the same injunctions as members.

On the report of the agent of marine, to whom was referred a memorial from John Jordan, James McKinsey and Joseph Brussel, Congress came to the following resolution, by the vote of nine states:

The Agent of Marine to whom was referred the memorial of John Jordan, James McKenzie and Joseph Brussel begs leave to report,

That on the twenty fifth of June 1782 the said parties presented a Petition to Congress on the same Subject which was referred to the Superintendant of Finance as Agent of Marine to report, of which Petition a Copy is annexed: And that in Consequence of the said Reference a Report was made thereon whereof a Copy is also annexed. MARINE OFFICE 5th July 1783.

The Superintendent of Finance to whom was referred as Agent of Marine the Petition of John Jordan, James McKinsey and Joseph Brussel dated the 25th June and read in Congress the 9th July, 1782, begs Leave to Report,

That from examining the Papers in the Marine Office he finds that the Petitioners had signed the Continental Shipping Articles and were on Board the Bon Homme Richard commanded by Captain John Paul Jones on the 23 Day of September, 1779, when that Ship engaged and took the British Ship Serapis, in which engagement the said Petitioners lost their Limbs as set forth in their Petition.

That the said Petitioners were all entered as ordinary Seamen in the service of the United States.

That the Resolution of Congress of the 26th day of August, 1776, giving Half Pay for Life to such Persons as might be disabled in the sea service cannot be applied to the said Petitioners as they were Entered by Captain Jones in Europe and had not before that time been Subjects of any of the United States.

That equal Justice is due to all Persons who may enter into the Service of the United States, therefore the following Resolution is submitted to the Consideration of Congress:

Whereas John Jordan, James McKinsey and Joseph Brussel, ordinary seamen belonging to the navy of the United States, have lost their limbs in action, on board the ship Bonne Homme Richard, commanded by Captain John Paul Jones, on the 23 day of September, 1779, [fighting under the American flag,]

Resolved, That the said John Jordan, James McKinsey and Joseph Brussel, be allowed a pension of [for their support], forty dollars per annum each, to be paid quarterly, and to commence from the time [their petition was presented to Congress] their pay ceased in the navy, [until the further order of Congress].1

The Committee [Mr. Ezra L'Hommedieu, Mr. James McHenry and Mr. Samuel Huntington] to whom was referred the petition of Colo. Richard Varick, praying that the Depreciation of his pay may be made good, and for the pay for which he is entitled by the Act of Congress of the 12th of January, 1780, Report that as Colo. Varick was discharged by a Resolution of Congress of the above date at which time he acted as Depy. Muster Master General, his claim for Depreciation cannot be allowed consistent with the Rules established by Congress in similar Cases.

That there is a Ballance now due to Colo. Varick on account of a Gratuity, equal to Twelve months of his pay as deputy Muster Master General, which he is entitled to receive by the said Act of the 12th of January. Wherefore, your Committee propose the following Resolution:

Resolved, That it be recommended to the Executive of the State of New York to pay Colo. Varick the arrears of a nominal sum equal to Twelve months of his pay as Deputy Muster Master General, which may be found due to him, & to which he is entitled by the Resolution of Congress of the 12th of January, 1782.2

1 These two reports and the copy of the memorial of June 25, 1782, are in the Papers of the Continental Congress, No. 137, II, folios 597-599. The words in brackets were written on Morris's report by Elias Boudinot. According to the indorsement, and to the entry in Committee Book No. 191, the report was delivered and read July 8. See ante May 16 and June 13, 1783.

2 This report, in the writing of Ezra L'Hommedieu, is in the Papers of the Continental Congress, No. 19, VI, folio 113. According to the indorsement, it was delivered September 15, read and entered, See post September 29, note, and October 30.

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.