and their conduct not disapproved of by the State, such conduct on the part of the State shall be considered as an open Violation of the federal compact.

ART. 17. And any State which from time to time shall be found in her payments on any Requisition in advance on an average of the payments made by the State shall be allowed an interest of six

per Cent pr. annum on her said advanced sums or expences and the State which from time to time shall be found in arrear on the principles aforesaid shall be charged with an Interest of six per Cent pr. annum on the sums in which she may be so in arrear. ART. 18. In case it shall hereafter be found Necessary by Congress to establish any new Systems of Revenue and to make any new regulations in the finances of the U. S. for a limited term not exceeding fifteen years in their operation for supplying the common Treasury with monies for defraying all charges of war, and all other expences that shall be incurred for the common defence or general welfare, and such new Systems or regulations shall be agreed to and adopted by the United States in Congress Assembled and afterwards be confirmed by the Legislatures of eleven States and in that proportion when there shall be more than thirteen States in the Union, the same shall become binding on all the States, as fully as if the Legislatures of all the States should confirm the same.

ART. 19. The United States in Congress Assembled shall have the sole and exclusive power of declaring what offences against the United States shall be deemed treason, and what Offences against the same Mis-prison of treason, and what Offences shall be deemed piracy or felony on the high Seas and to annex suitable punishments to all the Offences aforesaid respectively, and power to institute a federal Judicial Court for trying and punishing all officers appointed by Congress for all crimes, offences, and misbehaviour in their Offices and to which Court an Appeal shall be allowed from the Judicial Courts of the several States in all Causes wherein questions shall arise on the meaning and construction of Treaties entered into by the United States with any foreign power, or on the Law of Nations, or wherein any question shall arise respecting any regulations that may hereafter be made by Congress relative to trade and Commerce, or the Collection of federal Revenues pursuant to powers that shall be vested in that body or wherein questions of importance may arise and the United States shall be a party-provided that the trial of the fact by Jury shall ever be held sacred, and also the benefits of

the writ of Habeas Corpus; provided also that no member of Congress or officer holding any other office under the United States shall be a Judge of said Court, and the said Court shall consist of Seven Judges, to be appointed from the different parts of the Union to wit, one from New Hampshire, Rhode Island, and Connecticut, one from Massachusetts, one from New York and New Jersey, one from Pennsylvania, one from Delaware and Maryland, one from Virginia, and one from North Carolina, South Carolina and Georgia, and four of whom shall be a quorum to do business.

ART. 20. That due attention may be given to the affairs of the Union early in the federal year, and the sessions of Congress made as short as conveniently may be each State shall elect her Delegates annually before the first of July and make it their duty to give an Answer before the first of September in every year, whether they accept their appointments or not, and make effectual provision for filling the places of those who may decline, before the first of October yearly, and to transmit to Congress by the tenth of the same month, the names of the Delegates who shall be appointed and accept their appointments, and it shall be the indispensable duty of Delegates to make a representation of their State in Congress on the first Monday in November annually, and if any Delegate or Delegates, when required by Congress to attend so far as may be Necessary to keep up a Representation of each State in Congress, or having taken his or their Seat, shall with-draw without leave of Congress, unless recalled by the State, he or they shall be proceeded against as Congress shall direct, provided no punishment shall be further extended than to disqualifications any longer to be members of Congress, or to hold any Office of trust or profit under the United States or any individual State, and the several States shall adopt regulations effectual to the attainment of the ends of this Article.1

The Board of Treasury to whom was Referred the Petitions of William W. Morris and John Hayden relative to sundry Certificates, alledged to have been lost or destroyed, Beg leave to Report:

That in consequence of the various Applications which have been from time to time been made to Congress for the Renewal of the

1 This report, the preamble in the writing of Charles Pinckney and the rest in the writing of Henry Remsen Jr., is in the Papers of the Continental Congress, No. 24, folio 179. According to indorsement it was read August 7 and Monday the 14th assigned.

Securities of the United States made payable to Bearer, they have turned their attention to the General Question how far it is proper to direct the Renewal of such Securities.

They do not find on enquiry, that it is consistent with the practice of any Government or Public Establishment, who issue Certificates of Debts payable to Bearer, to renew the same in case of total loss, or destruction of the Paper so issued.

That this uniform practice, it must be presumed has arisen from the impracticability of Guarding against the numerous impositions which would inevitably ensue from a contrary line of conduct.

That although Congress by their Resolves of the 10th May, 1780, relative to the Renewal of Loan Office Certificates, direct that Bonds of Indemnification should be given with two or more Sureties, to double the amount of the value of the Certificates claimed to be renewed: Yet it is to be observed, that the Obligation on the part of the Public to pay the Principal and Interest of the Original Certificates (if ever produced) is certain: whilst the chance of Recovery may depend on the Issue of a Process at Law, and the ultimate sufficiency of the Parties or their legal Representatives, who have entered into the Bonds of Indemnification.

That exclusive of these Objections the precaution above-mentioned is not, in the Opinion of this Board a sufficient reason for deviating in this respect from a rule of conduct which has been so long and generally Established and acquiesced in.

In all Commercial Countries, Notes payable to Bearer, have been considered in the nature of Money: because they enter into the general Mass of Circulation. The possession of the Note is the only Evidence of Right; and when that is interupted, the Right of the former possessor ceases. It is true that instances are not wanting where public, and private Notes, payable to Bearer, have been renewed where fragments of the Original have been produced sufficient to prove the Title to Payment. But we think we may with safety declare, that on the Alligation of total loss or destruction (without such material fragments of the Original being produced) no precedent of Renewal of such Evidences of a Public Debt existed previous to the Resolves of Congress of the 10th May, 1780.

The Board are sensible that as in the instances submitted to their consideration, so in many other cases, an injury will often arise to Individuals from the loss of Certificates, but it is by Gen' Principles

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only that Public Bodies can with safety Act, in all matters where a deviation will not only expose the Government to the risque of loss, but encourage in the Community a disposition to commit fraud; besides, these private losses will be less frequent, if the custom established in other Countries with respect to Paper payable to Bearer, was adopted in this, and generally promulgated.

It may further not be improper to observe, that the various Evidences of Public Debt payable to Bearer, have not only opened a door to numerous frauds, by facilitating the means of Counterfeiting the same: but have rendered the operation of the payment of the Interest far more expensive and complicated than it, otherwise would be: Whatever therefore has a tendency to induce Individuals to Register the various Public Securities of which they are possest, agreeably to the established forms of the Treasury, ought in the Opinion of this Board to be considered and encouraged. The security of such Certificates in case of loss, when compared with those made payable to Bearer, would probably have no small effect in facilitating this object. It is with great deference to the Judgement of Congress, who by their Resolve of the 10th May, 1780, have so far as it respects Loan Office Certificates, adopted a different mode of practice, that these opinions are Submitted. If they are well founded, it follows, that no distinction can with propriety be made betwixt the renewal of Loan Office Certificates, and that of other Notes, which are made payable to Bearer. From these considerations, they beg leave to submit the following Resolves:

Resolved, That no Certificate issued under the Authority of the United States, and made payable to Bearer be hereafter Renewable, unless material Fragments of the same be produced descriptive of the Original Certificate: and that in all cases where the Claim to Renewal is admitted, a Certificate signed by the Register of the Treasury be issued in liew of the Original.

Resolved, That Certificates transferable only at the Treasury of the United States, may in case of Loss or Destruction be renewed under such Limitations and Restrictions as the Commissioners of the Treasury of the United States may judge proper to Establish.

Resolved, That the Resolutions of Congress of the 10th May and July 18, 1780, relative to the Renewal of Loan Office Certificates be and they are hereby Repealed.

All which is humbly submitted.1

August 5, 1786.

saving always to those who shall have made application for renewal of certificates, destroyed previous to the first day of March next all the rights they now have under the resolutions now repealed.

OFFICE FOR FOREIGN AFFAIRS,

Aug. 5th, 1786.

The Secretary of the United States for the Department of foreign Affairs to whom was Referred a Letter of 20 July, 1786, from the President of New Hampshire to his Excellency the President of Congress, Reports;

That on attentively considering the facts stated in these papers, it is not clear to him that Congress should interfere. He thinks however it might be well to direct Copies of them to be sent to the Honorable M1 Adams, with instructions to take such Measures on the subject, and to afford the Claimants such Aid, as Circumstances, and further information may render proper and adviseable. All which is submitted to the Wisdom of Congress.

JOHN JAY.2

The Comm consisting &c. [of Mr. William Grayson, Mr. Rufus King and Mr. William Few, on forming a new Contract for carrying of the mail] report:

That the postmaster general be instructed under the direction of the board of treasury to enter into contracts with good and sufficient security for the conveyance of the different mails by the stage carriages from Portsmouth in N. Hamshire to the town of Augusta Savanah in the State of Georgia.

1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress, No. 138, II, folio 181. The added paragraph is in the writing of Arthur Lee and the report is indorsed by Roger Alden calling attention to a report of August 9 on the same subject. It is undated as to action by Congress but seems to belong to this or an approximate date.

2 This report is in the Papers of the Continental Congress, No. 81, II, folio 133. See ante, July 28 and post, August 8.