On the report of a comm, consisting of Mr. [John Francis] Mercer, Mr. [Arthur] Lee, Mr. [Elbridge] Gerry, Mr. [David] Howell and Mr. [Ephraim] Paine, appointed to consider of the measures proper to be adopted in order to take possession of the frontier posts,

Resolved, That the commanding Officer of the troops now in the service of the United States be, and he is hereby directed to open a correspondence with the commander in chief of his Britannic Majesty's forces in Canada, in order to ascertain the precise time when each of the posts within the territories of the United States, now occupied by British troops, shall be delivered up.

That he endeavour to effect an exchange with the british commanding Officer in Canada, of the cannon and stores, at the posts to be evacuated, for cannon and stores to be delivered at West point, New York, or some other convenient place; and if this cannot be accomplished, that then he cause the complement of cannon and stores, requisite for those posts, to be in readiness to be transported thither in the most convenient and expeditious manner possible.1

The Committee consisting of [Mr. Hugh Williamson, Mr. Elbridge Gerry and Mr. Richard Dobbs Spaight] to whom was referred a letter of the 28th April from the Minister of France inclosing the copy of a letter from the Paymaster General respecting the accounts of the late Baron de Kalb and other French officers, beg leave to report, That in May 1780 the sum of 226,000 dollars of the old paper emissions were advanced to Baron de Kalb for the use of the troops under his command when he marched to the southward. That in the action on the 16th August where the Baron was killed, his baggage, and papers and money fell into the hands of the enemy, on which your committee, submit the following resolve.

That the sum of two hundred and twenty-six thousand dollars of the old emissions paid into the hands of the late Major General Baron de Kalb in May 1780 for the use of the troops under his com

1 This report was also entered in the manuscript Secret Journal, Foreign Affairs.

mand, be passed to his credit, without requiring Vouchers for the expenditure, his accounts and vouchers having fallen into the hands of the enemy.

Your Committee are of the opinion that the demands of half pay which are made by certain foreign officers or their representatives must be determined by the former acts of Congress on that subject.1

The Committee [Mr. Hugh Williamson, Mr. Jacob Read and Mr. Arthur Lee] to whom was referred the motion of M: [William] Ellery for giving leave to the Honorable B. Franklin Esq. to retire from public service in consideration of his advanced age and his repeated applications for that purpose submit the following report.

When the numerous and important treaties now pending in Europe shall have been negotiated it may be proper to consider whether the U. S. will dispense with the services of that Minister."

THURSDAY, MAY 13, 1784.

Congress Assembled: Present as yesterday.

The Committee of qualifications, consisting of Mr. [Roger] Sherman, Mr. [John] Beatty, Mr. [Jeremiah Townley] Chase, Mr. [Hugh] Williamson and Mr. [Elbridge] Gerry, report,

That the delegates from the State of Rhode Island and Providence Plantations, now in Congress, were elected on the first Wednesday of May, 1783, by the votes of the freemen of the said State: That by a law of the said State, the delegates are to be elected annually on the first Wednesday in May: That by an act of the legislature of the said State, of the 22 of August, 1777, it is resolved, "That the delegates

1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, II, folio 53. The indorsement states that it was read this day. See post, August 3, 1785.

This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, II, folio 353. The indorsement states that it was read on this day.

Also, a petition dated Boston, February 25, 1784, of Jonathan Eddy and others. It was referred to the Committee of the States to report thereon to Congress. The indorsement continues: "read in Committee July 26th 1784 and referred to the consideration of the next Congress ordered to lie."

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 Act 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.1

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.