appointed or who may be appointed to represent this State in Congress, be, and they, or either of them, are hereby empowered to represent said State in Congress, until they or either of them shall have due notice of their reelection, or until the delegates who may be appointed in their room shall take their seats in Congress, the act directing the election of the said delegates for one year to the contrary notwithstanding."

That by the Journals of Congress it appears it has been the Usage ever Since the passing Said Aet for the delegates from Said State-to keep their Seats in Congress after the expiration of one year from the date of their election until notified of their re election, or until other delegates appointed in their Stead took their Seats in Congress.

That none of the delegates of the said State took their seats in Congress, under the said appointment of May, 1783, until the 30th day of June last, the certificate of their appointment being first produced and read in Congress on that day, which is in the words following: "State of Rhode Island and Providence Plantations: I certify, that at the anniversary election of officers, civil and military, for the State aforesaid, held on the first Wednesday in May, A. D. 1783, the honble William Ellery, Jonathan Arnold, David Howell and Henry Marchant, esquires were elected delegates to represent the said State in the Congress of the United States of America, for one year, and until others shall be appointed in their stead, and appear to take their places. Henry Ward, Sec!"

That by the fifth of the Articles of Confederation it is agreed, "that delegates shall be annually appointed in such manner as the legislature of each State shall direct to meet in Congress on the first Monday in November, in every year;" whereupon, your committee are of opinion, that no State has right to empower its delegates to sit in Congress more than one year, under one appointment, and that the

year for which the said delegates of the State of Rhode Island were appointed, is expired.'

The said report being this day brought in and read,

A motion was made by Mr. [John Francis] Mercer, seconded by Mr. [Richard Dobbs] Spaight, that Congress proceed in the consideration thereof. And on the question to agree to that motion, the yeas and nays being required by Mr. [Richard Dobbs] Spaight,

Ordered, That to-morrow be assigned for the consideration of the report of the committee of qualifications.

A motion was then made by the delegates for New York, in the words following:

Whereas the legislature of the State of New York have instructed their delegates in Congress as follows, to wit:

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 23, folio 247. Papers relating to qualifications of members from Rhode Island are on folios 251-259.

"Whereas upon the conclusion of a general peace between the several belligerent powers in Europe and these United States, the posts at present occupied by the british troops in the northern and western parts of this State, will be evacuated by them, and may be seized by savages inimical to these United States, whereby the inhabitants of the frontiers may be exposed to great danger and distress: And whereas by the sixth Article of the Confederation and perpetual Union between the United States of America, it is declared, "That no body of forces shall 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,"

Resolved, therefore, That the delegates of this State in Congress be, and they are hereby instructed to represent to the United States in Congress assembled, that this State deem it essentially necessary to make provision to garrison the said posts immediately on the evacuation thereof by the british troops: that therefore the said delegates request the United States in Congress assembled, to declare the number of troops which they may deem necessary for such garrisons. The said delegates at the same time informing the said United States, that it is the opinion of this legislature, that a body of troops not exceeding five hundred rank and file, properly officered, would be adequate for the purpose aforesaid; which request was accordingly made by the said delegates.

And whereas it is a manifestly just construction of the said section and articles, that when the sovereignty of any State shall deem it necessary, in time of peace, to garrison forts for its defence, the troops are to be raised by and at the expence of such State, and that the number only is to be determined by the judgment of the United States in Congress assembled.

Resolved, therefore, That the application aforesaid was, and is constitutional and reasonable, and that the legislature of this State had, and have a right to a decision thereupon. That it appears by despatches from the delegates of this State, that no such decision was made on the 9th day of this present month. That the proceedings of this legislature have already been greatly embarrassed for want of such decision; and as it is uncertain when the said United States will decide on the said request, and any further delay in prosecuting measures for the preservation of the fortresses on the frontiers of this State, and the protection of its citizens, will be highly detrimental to this State:

Resolved, therefore, further, That the delegates from this State be instructed to inform Congress, that the legislature cannot, consistent with the public safety, any longer delay measures for raising a body of troops for the purposes aforesaid; that such number will not exceed that stated in the said recited resolution, as in the opinion of the legislature adequate to the purpose. That the said delegates do, without delay, press upon the said United States in Congress assembled, the just right of this State to the determination aforesaid, and intreat that it may be given without further delay."

The delegates for the State of New York, in obedience to the aforesaid instructions, move that it be resolved,

That for the purpose of garrisoning the forts within the State of New York, necessary for the defence thereof, the said State be allowed to keep up a body of troops or forces not exceeding five hundred rank and file, properly officered. And on this the said delegates require the yeas and nays.1

1 The New York motion is in the Papers of the Continental Congress, No. 20, I, folio 405. It was referred to Mr. [Thomas] Stone, Mr. [Edward] Hand, Mr. [Jacob] Read, Mr. [John Francis] Mercer and Mr. [John] Beatty.

A letter of April 26, 1784, from Mesheck Weare, the President of New Hampshire, was read, according to the indorsement. It is in No. 64, folio 246.

98814°-27-VOL 27-2

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, that the motion of the delegates of New York be committed.

And on the question for commitment, the yeas and nays being required by Mr. [Charles] De Witt,

Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia and South Carolina.

A letter, of 26 April, from President Weare, of New Hampshire, was read, enclosing a return of the number of dwelling houses, the number of barns and other buildings, and the number of acres of land in the several towns and places in the said State.