So it passed in the negative. It was then moved, "That each state shall have a right to send one delegate to Congress for every 30,000 of its inhabitants, and in determining questions in Congress each delegate shall have one vote;" So it passed in the negative. It was then moved, "That the quantum of representation for each state shall be computed by numbers proportioned according to its contribution of money or tax levied, agreeable to this confederation, and paid into the public treasury towards the annual expenses necessary for the support of the union;" New-Hampshire, Mr. Folsom, Massa'stts-Bay, Mr. S. Adams, no no Maryland, ay no no no no Mr. Chase, no Carroll, no no Connecticut, Mr. Dyer, no F. L. Lee, ay ay Law, ay no } Harnett, no New-Jersey, Roberdeau, Mr. Witherspoon, no no Pennsylvania, Mr. Morris, Brownson, no ay ay Maryland, no ay Smith, ay ay Virginia, Connecticut, Mr. Dyer, F. L. Lee, no ay ay av, av Harnett, ay New-Jersey, Roberdeau, Heyward, ayay ay ay Mr. Witherspoon, ay ay Pennsylvania, Mr. Morris, So it was resolved, That in determining questions each state shall have one vote. The several matters to this day referred, being postponed, Adjourned to ten o'clock to-morrow. WEDNESDAY, October 8, 1777. A letter, of the 5th, from general Washington, and a petition from David Redic, were read : Ordered, That the petition be referred to the board of war. Whereas, the fourth Georgia battalion of continental troops, commanded by col. John White, is about to march from the state of Pennsylvania to its station in the state of Georgia; and, whereas, it may be necessary for the good order of the said battalion that general courts-martial may be held to try and punish offenders for breach of the articles of war on the march of the said battalion; and whereas, there is no general officer in the service of the United States stationed on or near the route of its march, without whose authority, according to the articles of war, no general court-martial can be held for the trial and punishment of such offenders: Resolved, therefore, That the said colonel John White be empowered, at any time in the course of his said march, to order a general court-martial to consist of his own officers, if none others of the continental army can be conveniently summoned, and to try any non-commissioned officer and soldier belonging to the said battalion, who shall be charged with breaking any of the articles of war; and to confirm the sentence of any such courtmartial, to discharge the said court-martial, or to confirm any such sentence, and afterwards to remit the punishment that shall be so sentenced, as he shall think proper; provided that the powers hereby given shall cease and determine so soon as the said battalion shall arrive at its station in Georgia. A motion was made, to prevent an intercourse between the towns in the possession of the enemy and the inhabitants of the country; Ordered, That it be referred to a committee of three: The members chosen, Mr. R. H. Lee, Mr. J. Adams and Mr. Chase. FOUR O'CLOCK, P. M. The committee to whom was referred the motion for preventing an intercourse between the towns in the possession of the enemy and the inhabitants of the country, brought in a resolution for that purpose; which was agreed to as follows: Whereas, it is of essential consequence to the general welfare that the most effectual measures should be forthwith pursued for cutting off all communication of supplies, or intelligence to the enemy's army now in, and near the city of Philadelphia; and whereas, it has been found, by the experience of all states, that, in times of invasion, the process of the municipal law is too feeble and dilatory to bring to a condign and exemplary punishinent persons guilty of such traitorous practices: Resolved, That any person, being an inhabitant of any of these states, who shall act as a guide or pilot by land or water for the enemy, or shall give or send intelligence to them, or in any manner furnish them with supplies of provisions, money, clothing, arms, forage, fuel, or any kind of stores, be considered and treated as an enemy and traitor to these United States; and that general Washington be empowered to order such person taken within thirty miles of any city, town or place in the states of Pennsylvania, Jersey or Delaware, which is, or may be in the possession of any of the enemy's forces, to be tried by a court-martial, and such court-martial are hereby authorized to sentence any such persons convicted before them of any of the offences aforesaid, to suffer death or such other punishment as to them shall seem meet. This resolve to remain in force until the first day of January next, unless sooner revoked by Congress. And, whereas, it has been represented to Congress, that many evil disposed persons, enemies to these United States, make a practice of passing to and from the enemy's quarters, propagating false intelligence, thereby to dispirit the people and aid the cause of our enemies, Resolved, That it be recommended to all magistrates and officers, civil 36 VOL. II. and military, and to all the good people of these states, to be vigilant in apprehending, securing and bringing to condign punishment all such offenders, in order that a speedy and effectual stop may be put to such a pernicious practice. Resolved, unanimously, That the thanks of Congress be given to general Washington, for his wise and well concerted attack upon the enemy's army near Germantown, on the 4th instant, and to the officers and soldiers of the army, for their brave exertions on that occasion; Congress being well satisfied that the best designs and boldest efforts may sometimes fail by unfore seen incidents, trusting that, on future occasions, the valour and virtue of the army will, by the blessing of Heaven, be crowned with complete and deserved success. Resolved, That Mr. Heyward and Mr. Laurens be added to the committee appointed to carry into execution the resolution of Congress, ordering a medal to be struck and presented to general Washington. Resolved, That to-morrow Congress take into consideration that part of the articles of confederation that relates to taxation. A letter, of the 27th September, from gen. Schuyler, at Albany, was read. The committee on the treasury brought in a report; Whereupon, Ordered, That a warrant issue on the treasurer, in favor of William Hornby, for 20,000 dollars, in discharge of a bill drawn on the president of Congress by the president of Georgia, for the use of the continental troops in that state; the said sum to be considered as part of the 300,000 dollars appropriated to supply the military chest in that state, and the said state to be accountable : That another warrant be drawn on the treasurer in favor of W. Hornby, for 500 dollars, to defray his expenses in coming and returning from Georgia to York town, in Pennsylvania, agreeable to the request of the president of Georgia, he said sum to be considered as part of the 400,000 dollars, appropriated to reimburse the state of Georgia its expenditures for the continent, the said state to be accountable. Ordered, That 5000 dollars be advanced to Peter Tarlan, deputy quarter-master general to the troops in Georgia, he to be accountable; and that the same be considered as part of the 300,000 dollars appropriated for the use of the continental troops in that state. The several matters to this day referred, being postponed, THURSDAY, October 9, 1777. Ordered, That so much of gen. Schuyler's letter of the 27th of February, as relates to Indian affairs, be referred to the committee on Indian affairs, and that so much of the said letter as relates to his request of being furnished with a copy of the accusations against him, be referred to the committee appointed to collect evidence and facts relative to the evacuation of Ticonderoga and Mount-Independence. A petition from captain Silas Talbut, was read: Ordered, That it be referred to the board of war. A memorial from George M'Intosh was read; Whereupon, A motion was made, that it be resolved, that Congress have no power to try and determine the case of George M'Intosh, he being a citizen of Georgia; on which the previous question was moved, whether that question be now put ? So it passed in the negative. Upon considering the papers received from the president of the state of Georgia, respecting George M'Intosh, taken into custody in consequence of information transmitted, and a request made by Congress to the government of the said state; and the memorial of the said George M'Intosh, praying Congress to take his case into consideration : Resolved, That a committee of three be appointed to examine into the said papers and memorial, and report their opinion, whether there is sufficient cause before Congress for the detention of the said George M'Intosh, in order that, if such cause appear, he may be sent a prisoner to the state of Georgia, of which he is a citizen, for his trial, or otherwise may be discharged: The members chosen, Mr. J. Adams, Mr. Duane, and Mr. Williams. FOUR O'CLOCK, P. M. The article relative to taxation in the confederation reported by the committee of the whole Congress, was read as follows: "All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes in each state; a true account of which, distinguishing the white inhabitants, shall be triennially taken and transmitted to the assembly of the United States. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States assembled." After debate thereon, Resolved, That the farther consideration thereof be postponed till to morrow. The several matters to this day referred, being postponed, FRIDAY, October 10, 1777. A letter, of the 27th September, from major-general Sullivan, enclosing a bundle of papers, was read. A memorial, from George Ewing, commissary of hides, was read: Ordered, That 12,000 dollars be advanced to the marine committee, for the public service in Baltimore, in the state of Maryland, the said committee to be accountable. That 2000 dollars be advanced to the said marine committee, to discharge bills drawn upon them, the said committee to be accountable. The committee to whom were referred the papers received from the president of the state of Georgia, respecting George M'Intosh, taken into custody in consequence of information transmitted, and a request made by Congress to the government of the state of Georgia, and the memorial of the said George McIntosh, praying Congress to take his case into consideration, re port, "That they have examined into the said papers and memorial, and are of opinion, that there is not sufficient cause before Congress for the detention of the said George M'Intosh;" Whereupon, Resolved, That the said George M'Intosh be discharged. The committee on the treasury brought in a report; Whereupon, Ordered, That there be advanced to major James Armstrong Wilson, appointed to command two companies to be raised in the state of Pennsylvania for the purpose of guarding the continental stores at Carlisle, 1000 dollars, for the use of the said companies, he to be accountable. Resolved, That John Montgomery, esq. at Carlisle, be, and he is hereby appointed and authorized, to muster the two companies under the command of major J. A. Wilson, for the discharge of which duty a reasonable allowence shall be made to him. Ordered, That a warrant issue on the auditor-general, in favor of the board of war, for 300,000 dollars, to be transmitted by them to the deputy paymaster general of the northern department, for the use of the said department, and for which he is to be accountable: That a warrant issue on the commissioner of the loan-office in the state of New-York, in favor of the commissary-general of purchases, to be transmitted to Peter Colt, esq. deputy commissary-general of purchases in the eastern department, for 200,000 dollars, for the use of the said department, for which the commissary-general is to be accountable. Ordered, That there be paid to Benjamin Walker, or order, 500 dollars in the discharge of a bill, dated the 17th of July last, drawn by governor Treutlan, of the state of Georgia, on the continental treasurer, expressed to be for the expenses incurred in recruiting and mustering a company of lighthorse for the said state; for which sum the said state is to be accountable; and the same is to be considered as part of the 300,000 dollars appropriated for supplying the military chest in the said state. Ordered, That there be paid to Daniel Mallet, or order, 1000 dollars in discharge of a bill, dated 8th of February last, drawn in his favor by John Ashe, esq. public treasurer of the state of North-Carolina, on the continental treasurer, expressed to be for provisions furnished the continental troops raised in the said state; for which sum, the said state is to be accountable, and the same is to be considered as part of the 500,000 dollars heretofore appropriated for the use of that state. That there be paid to Robert Ralston, or order, 250 dollars, in discharge of a bill, dated 10th May last, drawn by John Ashe, esq. public treasurer of the state of North-Carolina, on the continental treasurer, expressed to be for the use of that state, for which the state is to be accountable, and the same is to be considered as part of the 500,000 dollars appropriated for the use of that state. Resolved, That 800 dollars be presented to Monsieur Preudhomme de Borre, to defray his expenses to Charleston, South-Carolina, and from thence to France. Resolved, That 100 blank commissions for privateers, be signed and delivered by the president to the committee of commerce, to be by them transmitted to such of their agents and correspondents abroad as they may think proper to entrust therewith. FOUR O'CLOCK, P. M. A letter, of the 8th, from general Mifflin, was read, wherein he represents, that his health is so much impaired, and the probability of a recovery so distant, that he thinks it his duty to return to Congress their commissions to him of major-general and quarter-master general. Congress being informed of great irregularity committed by the 4th Georgia battalion, commanded by colonel White, contrary to all order and disci |