by the army, previous to the appointment of himself to the office aforesaid, and to direct the several issuing commissaries under him to deliver provisions to the army agreeably to the said certificate, till the further orders of Congress, any resolution of Congress to the contrary notwithstanding; and that the commissary-general of issues transmit to Congress by the earliest opportunity, a copy of the certificate which he shall receive from general Washington.

Resolved, That the alteration proposed by the commissary general of purchases in the ration at present ordered by Congress to be issued to the army, be transmitted to general Washington, and that he be desired to communicate to Congress his sentiments on this subject as soon as possible.

Ordered, That the committee who brought in the foregoing report prepare a plan for establishing a board to superintend the departments of the commissaries and quarter-master-general.

FOUR O'CLOCK, P. M.

Whereas, reports injurious to the character of colonel George Morgan, agent for Indian affairs at Fort-Pitt, have prevailed, representing him as unfriendly to the cause of America:

Resolved, That a committee of three be appointed to enquire into the conduct of colonel Morgan; and that he be required forthwith to repair to Congress for that purpose; and that a proper person be appointed to perform the duties entrusted to colonel Morgan until the event of such enquiry:

The members chosen, Mr. R. H. Lee, Mr. Roberdeau and Mr. Law. Ordered, That to-morrow be assigned for appointing a proper person to perform the duties entrusted to colonel Morgan until the event of the enquiry ordered to be made into his conduct.

The committee on the treasury brought in a report; Whereupon,

Ordered, That there be advanced to lieutenant-colonel Levin Powell, for the use of part of the Virginia regiment commanded by colonel William Grayson, now on their march to join the main army, 400 dollars, the said colonel Grayson to be accountable:

That there be advanced to major James Armstrong Wilson, 520 dollars, to purchase blankets for the use of the two companies under his command, stationed at Carlisle, to guard the public stores deposited there.

The board of treasury report, "that they have reason to think, from the best information they can obtain, that Mr. Robert Ritchie, one of the commissioners of claims, has not removed from the city of Philadelphia, and find that private concerns of Fitzsimons, another of the commissioners, have prevented his necessary attendance to the business of the said office ;" Whereupon,

Resolved, That two commissioners of claims be appointed to supply the places of the gentlemen aforesaid:

Ordered, That to-morrow be assigned for nominating the said commissioners, and also a commissioner for auditing and settling accounts in the northern department, in the room of Mr. Robert Carter, who has resigned. The several matters to this day referred, being postponed, Adjourned to ten o'clock to-morrow.

THURSDAY, October 23, 1777.

Application being made on behalf of Dr. John Linn, who was appointed director of the hospital in the district of Quebec, as appears by brigadier-general Wooster's orders, dated Albany, 30th September, 1776, for a settlement of his accounts:

Ordered, That the settlement of his accounts be referred to the board of treasury.

Congress took into consideration a report of the marine committee of the 10th July last; Whereupon,

Resolved, That the navy-board for the eastern department be empowered. to suspend any commander or other officer in the continental navy within their district, until the pleasure of Congress shall be known, giving immediate notice thereof to the marine committee, with the causes of such suspension. The committee of commerce, to whom the petition and memorial of Cumberland Dugan was referred, brought in a report; Whereupon,

Ordered, That a warrant issue on the treasurer for 5000 dollars, in favor of the committee of commerce, to enable them to settle the claims of Cumberland Dugan, specified in his petition and memorial referred to them; they to be accountable.

Congress resumed the consideration of the articles of confederation.

A motion was made to strike out the word "hereafter," and to add to the paragraph under debate on Tuesday, these words, "in pursuance of any treaties already proposed by Congress to the courts of France or Spain ; and, on the question put, resolved in the affirmative.

On the paragraph restraining the several states from granting commissions to vessels of war, or letters of marque and reprisal, it was moved to add, "unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall determine otherwise;" on the question put, resolved in the affirmative.

On the article respecting the powers of Congress, a motion was made, to add to the first paragraph, "provided that no members of Congress shall be appointed a judge of any of the said courts;" question put, resolved in the affirmative.

Another amendment was moved, after the word, "entering into treaties and alliances," to insert, "provided, that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever:"

After debate, the farther consideration thereof was postponed to the afternoon.

FOUR O'CLOCK, P. M.

The committee on the treasury brought in a report: Whereupon,

Ordered, That a warrant issue on the treasurer in favor of Mrs. Fullerton for 160 dollars, being for the payment of her husband Humphrey Fullerton's draught, dated Long-Island, the 1st May last, on the pay-master of the flying-camp, for £ 60, on account of his pay as surgeon to col. Swope's Pennsylvania battalion of the flying-camp, he being taken prisoner at FortWashington, and yet remaining so; he to be accountable.

Congress resumed the consideration of the paragraph in the confederation, under debate this morning, which being divided, and the question being put on the first part, as far as the disjunctive "or;"

Elmer, ay S

div.

So it was resolved in the affirmative.

The question was then put on the second part and resolved in the affirmative.

1

Resolved, That the farther consideration of the article be postponed till to-morrow.

The marine committee brought in a report: Whereupon,

Ordered, That a warrant issue on Nathaniel Appleton, esq. commissioner of the loan-office in the state of Massachusetts-Bay, for 50,000 dollars, in favor of the navy-board for the eastern department, for the service of the navy under their direction; they to be accountable :

That a warrant issue on Joseph Clark, commissioner of the continental loanoffice, in the state of Rhode-Island, for 50,000 dollars, in favor of the navyboard for the eastern department, for the service of the navy under their direction; they to be accountable :

That a warrant issue on Nathaniel Appleton, esq. commissioner of the loan-office in the state of Massachusetts-Bay, for 3180 dollars in favor of Isaac Smith, Ebenezer Storer, and William Phillips, esqrs. agents appointed by the marine committee, for settling the accounts of the prizes taken by the vessels fitted out by order of gen. Washington, to pay off a balance which the said agents certify to be due to capt. Winthrop Sargent on his account.

Resolved, That any two being a majority of the navy board, for the eastern department, in the absence of the other, be, and they are hereby empowered, to do and transact all and every matter and thing, which, by the constitution of the said board, all the members jointly were empowered to do.

Resolved, That the clerk of the navy board for the eastern department, instead of the salary heretofore ordered, be allowed 55 dollars a month, and that the said navy board be, and they are hereby empowered, to appoint one other clerk, if they shall judge it absolutely necessary, and to allow him such salary as they shall judge adequate to his services, not exceeding 55

dollars a month.

The several matters to this day referred being postponed,
Adjourned to ten o'clock to-morrow.

FRIDAY, October 24, 1777.

A letter, of the 21st, from gen. Washington, at White-Marsh, was read: Ordered, That an extract thereof, so far as relates to the recruiting service and taking up deserters, be sent to the executive powers of each state. A memorial from Jonathan Trumbull, jun. deputy pay-master general in he northern department, was read:

Ordered, That it be referred to the board of treasury.

A memorial, from. Mons. de Crenis, was read, praying to be appointed a lieutenant-colonel of cavalry:

Ordered, That it be referred to the committee on foreign applications. Congress resumed the consideration of the article of confederation respecting the powers of Congress, and, after some time, the farther consideration thereof was postponed.

Ordered, That a warrant issue on the treasurer for 500 dollars, in favor of Dr. William Shippen, director-general of the hospital, which is to be charged to the said Dr. Shippen, and for which he is to be accountable; this being to indemnify the treasurer for so much advanced by him to the said Dr. Shippen on account of the military hospital, as appears by his receipt, dated 15th October, 1777.

The president informed Congress that, with the advice of the marine committee, he had, on the 7th January last, issued a warrant on the treasurer for 3000 dollars, in favor of James Morris, esq. for two months' pay to the seamen who re-took the brig Lexington, as a gratuity, and also for two months' pay on account of wages due to the seamen of the Lexington, Mr. Morris to be accountable; with an order to the treasurer to omit charging this in the public books, till the books of the marine committee arrived, when the money would be properly charged; Whereupon,

Ordered, That the warrant be entered and the money charged by the treasurer in the public books.

A letter, of the 19th, from brigadier-general Conway, was read.
Ordered, That it be referred to the board of war.

Congress resumed the consideration of the article of confederation relative to the powers of Congress, and, after some time spent thereon, Adjourned to ten o'clock to-morrow.

SATURDAY, October 25, 1777.

The committee on the treasury reported, that they have audited the accounts of Mr. President Hancock, for expenditures by him for the use of Congress, and there is due to him on balance of accounts, 1392 32-90 dollars; Whereupon,

Ordered, That the treasurer pay the said balance to the president on a copy of this report being presented to him, certified by the secretary of Congress. The said committee brought in a farther report; Whereupon,

Ordered, That there be advanced to Simon Hancock, captain of a company in colonel Josias Clapham's battalion of Virginia militia, 50 dollars, the said colonel Clapham to be accountable:

That a warrant issue on John Gibson, esq. auditor-general, in favor of Archibald M'Donald, for the sum of 260 dollars, it being for the allowance due to himself, Allan, Reynold, Allan, jun. and Alexander M'Donald, and their three servants, prisoners from Tryon county, in the state of New-York, from the 27th August to 19th November, inclusive.

The committee on Indian affairs brought in a report; Whereupon,

Resolved, That the application of Abraham Nimham and his companions, in behalf of the Stockbridge Indians, to be employed in the service of the United States, be referred to major-general Gates, to whose army they are requested to repair.

Ordered, That 200 dollars be paid to the said Abraham Nimham, for the use of himself and his companion, and as an acknowledgment for their zeal in the cause of the United States.

A letter, from W. Stockton and others, prisoners in Carlisle gaol, and a letter, of the 22d, from the committee of Carlisle, with one enclosed from Dr. John Kearsly, were read, representing the uncomfortableness of the gaol, on account of the windows not being glazed; Whereupon,

Resolved, That the president write to the committee of Carlisle, and request them to apply to the commissioners of the county, and desire them to have the gaol made as comfortable as circumstances will admit, for the accommodation of prisoners.

Congress resumed the consideration of the article of confederation respecting the powers of Congress; Whereupon,

It was moved to strike out "coining money and regulating the value thereof," and insert, "regulating the alloy and value of coin struck by their own authority, or by that of the respective states:" and the question being put, resolved in the affirmative.

Resolved, That the farther consideration of the articles of confederation, be postponed to Monday next.

The several matters to this day referred, being postponed,
Adjourned to ten o'clock on Monday.

MONDAY, October 27, 1777.

The committee appointed to consider the letter from the hon. Stephen Hopkins and the proceedings of the committees from New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut and New-York, and for other purposes mentioned in a resolution of Congress of the 10th September last, brought in a report, which was read:

Ordered, To lie on the table.

A letter, of the 24th, from general Washington, enclosing the copy of a letter of the 23d, from commodore Hazlewood; one, from Samuel Ward, and one, from Robert Ballard, both of the same date, at Read-Bank, were read: Ordered, That the same be referred to the committee of intelligence. Congress resumed the consideration of the article of confederation, respecting the powers of Congress; Whereupon, it was moved to strike out these words," deciding all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundaries, jurisdictions, or any other cause whatever," and instead thereof to insert "the United States in Congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following; whenever the legislative or executive authority, or lawful agent of any state in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but, if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall in the presence of Congress be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; so always as a major part of the judges who shall hear the cause shall agree in the determination:

And if either party shall neglect to attend, at the day appointed, without shewing reasons which Congress shall judge sufficient, or, being present, shall refuse to strike, the secretary of Congress shall do it in behalf of such party, and the judgment and sentence of the court to be appointed in the manner before prescribed shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall, in like manner, be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress, for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, well and truly to hear and determine the matter in question according to the best of his judgment, without favor, affection, or hope of reward; provided, also, that no state shall be deprived of territory for the benefit of the United States." N-Hampshire, Mr. Folsom, no no New-Jersey, Mr. Witherspoon, no div. Massa'its-Bay, Mr. S. Adams,

ay

J. Adams,
Gerry,

ay ay

ay

Elmer
Pennsylvania, Mr. Roberdeau,
Virginia, Mr. Jones,

ay

ay Yay

ay

Rhode-Island, Mr. Marchant,

uy Yay

R. H. Lee,

Connecticut, Mr. Dyer,

F. L. Lee,

ay

Law,

Williams,

Harnett,

ay

ay