referred a letter of 29 October, 1783, from Major-General Duportail, requesting some immediate payment for himself and other officers belonging to the late corps of engineers; also a letter from Brigadier-General Armand of the 15 instant as well in behalf of himself and other officers belonging to the legionary corps late under his command, as of the said corps of engineers, report,

That the foreign officers lately in the service of the United States, who were not attached to the line of any particular State, complain of great and singular hardships under which they have laboured during the late war. The pay which they received for a considerable time in depreciated money, was very unequal to their actual expences, nor could they be profited by the recommendations of Congress on the subject of depreciation, which afforded immediate relief to the rest of the army, because there was no State to which they could look for the balance of their pay; hence it followed, that some of them have depended in a great measure for their support, on remittances from their friends in France, while others less fortunate, have contracted considerable debts in America. That in their present situation, they neither have the means of subsisting in America, nor of returning to their native country, unless some part of the money due them by the public shall be paid. Whereupon,

Resolved, That the superintendant of finance take order for paying to the foreign officers of the late corps of engineers, and to the foreign officers lately belonging to the legionary corps, commanded by Brigadier-General Armand, also to Major Seconde, Captain Beaulieu, late of General Pulaski's corps, and to Captain Ponthiere, late aid to the Baron Steuben, such sums on account of their pay as may be necessary to relieve them from their present embarrassments, and enable those in America to return to their native country

and that he take such measures for facilitating the payment-of the balances which may remain due to them-as-may-comport-with the condition of the finances of the U.S.1

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson,

Ordered, That the commissary of military stores be directed not to dispose of any such stores without the express order of Congress.2

Congress proceeded to the election of a chaplain, and, the ballots being taken, the Rev. Mr. Daniel Jones was elected, having been nominated by Mr. [Arthur] Lee.

Mr. Joseph] Montgomery, a delegate for Pensylvania, attended, and took his seat.

The committee [consisting of Mr. Samuel Osgood, Mr. Roger Sherman and Mr. William Ellery] to whom were referred two letters from the Paymaster General of the 15th of December last, submit the following report:

Resolved, That the Paymaster General be and he hereby is directed, in settling the accounts of those officers who were furloughed in consequence of the resolution of the 26th of May, 1783, not to credit them for the value of the rations between the time that they were actually furloughed and the time of their final discharge."

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, I, folio 95. It was also entered in the Secret Journal, Foreign Affairs. Duportail's letter is in No. 78, VIII, folio 43. Armand's letter is in No. 164, folio 489.

2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 303.

This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 22, folio 121. The indorsement states that it was debated this day, "Question taken and lost."

On this day, as the indorsement states, was read a letter of November 29, 1783, from Joseph Carleton, inclosing letters from Major Generals Lincoln and Knox. It was referred to Mr. [John] Beatty, Mr. [Edward] Hand and Mr. [James] Tilton. It is in No. 60, folio 35. One of Pierce's letters is in No. 165, folio 190.

FRIDAY, JANUARY 23, 1784.

Congress assembled: Present, Massachussetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia North Carolina, and South Carolina; and from the state of New Jersey, Mr. [John] Beatty, and from Delaware, Mr. [James] Tilton.

On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Arthur] Lee and Mr. [Hugh] Williamson, to whom was referred a petition of Zebulon Butler, and others, claiming under the State of Connecticut, private right of soil within the territory westward of the Delaware, formerly in controversy between the said State, and that of Pensylvania, and lately determined by a court constituted and appointed agreeably to the 9th of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, complaining that they are disturbed in their right by others, claiming under the said State of Pensylvania, and praying that a court may be instituted under the 9th Article of the Confederation, for determining the said right.

Also the resolutions of the General Assembly of Connecticut-and the letter and proclamation of Gov. Trumbull desiring in like manner the institution of such a court; and further notifying that the said state of Connecticut-claims jurisdiction over all the lands between Pennsylvania and the Mississippi from 41° to 42°-2′′ northern latitude have agreed to the following resolutions:

Resolved, That a court be instituted according to the said ninth Article of the Confederation, for determining the private right of soil within the said territory, so far as the same is by the said article submitted to the determination of such a court.

That the 4 Monday in June next be assigned for the appearance of the parties, by their lawful agents, before Congress, or the committee of the states, wheresoever they shall be then sitting.

That notice of the assignment of the said day, be given to the parties in the following form:

To the claimants of the private right of soil within the territory westward of the Delaware, heretofore in controversy between the states of Connecticut and Pensylvania, and adjudged by the sentence of a court constituted and appointed agreeably to the ninth of the Articles of Confederation and perpetual union, to be within the jurisdiction of the State of Pensylvania, it is hereby made known:

That sundry individuals claiming private right of soil, under the State of Connecticut, within the said territory, have made application to Congress, stating that they have been disturbed in their said right of soil by others, claiming under the State of Pensylvania; and praying for the institution of a court for determining the said private right of soil, in pursuance of the ninth Article of Confederation: And that the fourth Monday in June next is assigned for the appearance of the parties, by the lawful agents, before Congress, or a committee of the states, wheresoever they shall be then sitting, to proceed in the premises as by the Confederation is directed.

By order of Congress,

CHARLES THOMSON, Secretary.

Resolved, That the said notice be transmitted by the secretary, to the executives of the states of Connecticut and Pensylvania, with a request that they take proper measures for having the same served on the parties interested under their states respectively,

The committee having not had time to go through so much of the matters referred to them as relates to the claim of the said State of Connecticut to territory westward of the State of Pennsylvania beg further time for that purpose.1

The committee consisting of M [Edward] Hand, M: [Richard Dobbs] Spaight, and M: [James] Tilton, to whom was referred a letter from Major de Brahm, praying that a sum sufficient to defray the expence arising from his stay in Philadelphia, and that of his passage to Europe, may be granted him on account of his pay, &c., and applying for promotion, considering the disagreable situation

1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 19, I, folio 477. Butler's petition is in No. 42, I, folios 306–311.

and even distress Major de Brahm may be reduced to by his being detained in America which it appears to your committee must necessarily follow if he cannot procure money to enable him to return to his native country, beg leave to submit the following resolution:

Resolved, That the Superintendent of Finance be and he is hereby directed to advance Major de Brahm on account of his pay, &c., such sum as he finds necessary to enable the said Major de Brahm to return to Europe. In answer to the application of Major de Brahm for promotion, your committee submits the following resolution. Resolved, That Major de Brahm cannot be granted the promotion he requests.1

The committee consisting of M: [James] Duane, M A[rthur] Lee, M: [James] McHenry, M S[amuel] Huntington and M [Richard] Peters, to whom it was referred to consider and devise the Powers with which a Committee of the States shall be vested during a recess of Congress submit the following resolution:

Resolved, That the Committee of the States which shall be appointed pursuant to the ninth article of confederation and perpetual union to sit in the recess of Congress for managing the affairs of the United States, or any nine of the said Committee shall be and hereby are authorized to perform and exercise, in the recess of Congress, all such powers and duties, as may be lawfully exercised by the United States in Congress assembled;

Provided, That no power is, or shall be deemed to be, hereby delegated to the said Committee of the States, for the exercise of which by the articles of confederation the voice of nine States, in the Congress of the United States assembled is requisite."

[Motion of Mr. Edward Hand; referred to Mr. Edward Hand, Mr. James Tilton and Mr. Hugh Williamson]

Resolved, That be and he is hereby ordered to procure and lay before Congress as soon as may be exact returns of all the military, ordnance and Quarter Master's stores, the property of

1 This report, in the writing of Edward Hand, is in the Papers of the Continental Congress, No. 19, II, folio 27. The indorsement states that it was delivered January 10, 1784, and recommitted January 23. De Brahm's letter is on folio 23. See post, February 6.

This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 23, folio 163. The indorsement states that it was delivered September 17, 1783, read on this day and referred to Mr. [Thomas] Jefferson, Mr. [Samuel] Osgood and Mr. [Roger] Sherman.