This motion of Mr. Howell, being seconded by Mr. Arnold, and on the tion to agree to it, the yeas and nays being required by Mr. Howell,

White,

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Massachusetts, Mr. Osgood,

no

Delaware, no S Maryland, Virginia,

no

Mr. Carroll,

no

no

no

Gorham,

no S

A question was then taken on the motion before the house; Whereupon, it was

Resolved, That the secretary for foreign affairs be discharged from the instruction given him on the 12th inst. Mr. Howell, a delegate from the state of Rhode-Island, having acknowledged himself the author of the extract of the letter quoted in the report of the committee of that day.

A motion was then made by Mr. Hamilton, seconded by Mr. Carroll, in the words following:

Congress having in respect to the articles of confederation, admitted on their journals an entry of a motion made by Mr. Howell, seconded by Mr.. Arnold, highly derogatory to the honor an dignity of the United States in Congress assembled:

Resolved, That a committee be appointed to report such measures as it will be proper for Congress to take thereupon."

A motion was made by Mr. Arnold, seconded by Mr. Howell, to strike out the words "highly derogatory to the honor and dignity of the United States in Congress assembled:"

And on the question, shall the words moved to be struck out, stand? the yeas and nays being required by Mr. Arnold,

On the question to agree to the motion, resolved in the affirmative. Members chosen for the foregoing committee, Mr. Gilman, Mr. Hamilton, and Mr. Madison.

THURSDAY, December 19, 1782.

Ordered, That the order of the day for electing a secretary for foreign affairs, be postponed till Thurday next.

On the report of a committee, consisting of Mr. Clark, Mr. Fitzsimmons, and Mr. Carroll, to whom was referred a letter of the 12th, from the secretary at war, respecting the pay of artificers in col. Baldwin's regiment:

Resolved, That all the artificers, who have not been settled with up to the last day of December, 1781, be settled with for pay and depreciation from the 1st day of August, 1780, to the last day of December, 1781, at the rate of 12 dollars per month, and upon such settlement receive their dues in funded certificates.

The committee, consisting of Mr. Ramsay, Mr. Nash, and Mr. Peters, to whom was re-committed the draught of a supplementary ordinance for regulating the post-office, reported another draught, which was read a first time, and to-morrow assigned for the second reading.

FRIDAY, December 20, 1782.

On the report of the committee, appointed to report such measures as it will be proper for Congress to take in consequence of the motion made by Mr. Howell on the 18th instant:

Resolved, That the said motion, with the preceding resolutions of Congress, to which it refers, be transmitted by the secretary for foreign affairs to the executive authority of the state of Rhode-Island, with an authenticated state of the several applications for foreign loans, and the result thereof.

On the report of a committee, consisting of Mr. Madison, Mr. Peters, and Mr. Gilman, to whom were referred letters of Jacob Cuyler and Isaac Tichenor, on the subject of suits brought against the said Tichenor, for debts contracted by him on account of provisions furnished the troops in the service of the United States :

Resolved, That copies of the letters of Jacob Cuyler and Isaac Tichenor, relative to suits brought against the said Tichenor, in New-Hampshire, for debts contracted by him for supplies purchased for the service of the United States, be transmitted to and recommended to the attention of the said state.

Mr. Ellsworth, and Mr. Wolcott, two delegates for the state of Connecticut, attended, and produced credentials, which were read, and by which it appears, that on the second Thursday of May, 1782, the day appointed by law or the choice of delegates, Samuel Huntington, esq. Oliver Ellsworth, esq. Richard Law, esq. Jesse Root, esq. Oliver Wolcott, esq. Benjamin Huntington, esq. and Jedediah Strong, esq. were elected delegates to represent that state in the Congress of the United States.

The supplementary ordinance for regulating the post-office was read a second time, and Monday next assigned for the third reading.

SATURDAY, December 21, 1782.

Mr. Hawkins, a delegate for the state of North-Carolina, attended, and took his seat in Congress.

The committee, consisting of Mr. Madison, Mr. Rutledge and Mr. Gilman, appointed to confer with the secretary for foreign affairs, on the subject of his department, report, "that he is willing, if it be the desire of Congress, to remain in the said department until the ensuing spring, but that it will be nenessary for him to make a short visit to the state of New-York in the month of January, which the committee think will not probably interfere with the public business; Whereupon,

Resolved, That the election of a secretary for foreign affairs be postponed until the 1st Monday in May next; and that Mr. Livingston be requested to continue to discharge the duties of that department until such election shall be made; and that he have leave of absence, for the purpose of making a visit to the state of New-York.

On the report of the superintendent of finance, to whom was referred a report of a committee, on a letter of the 2d of August, from the said superintendent:

Resolved, That the commissioners for settling accounts according to the act

of the 20th of February last, do receive lottery tickets as vouchers for the prizes which may have been drawn to such tickets, and certify the same as debts of the United States, at and after the rate of one dollar in specie for every 40 dollars of such prizes.

On the question to agree to the above, the yeas and nays being required by Mr. Gilman,

The committee, consisting of Mr. Madison, Mr. Hamilton, and Mr. McKean, to whom were referred a letter from major-general Greene, of the 28th of October last, and sundry papers accompanying the same, having made the following report:

That it appears from the papers referred, that the executive authority of the state of South-Carolina, had claimed in behalf of the original owners citizens of the said state, sundry horses re-captured on land, from the enemy, by a detachment of the forces of the United States, on the general principle that original owners are entitled to restitution of all re-captured property; that a council of war, to which the said claim was referred by major-general Greene, had decided against its validity, and that he has finally submitted the case to Congress.

On this subject the committee beg leave to observe, that by the 9th of the articles of confederation, the United States in Congress assembled, are invested with the sole and exclusive right and power inter alia, of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land, or naval forces in the service of the United States, shall be divided or appropriated, which power, as it involves that of deciding on the right of the enemy to the property captured, necessarily extends to cases of re-capture :

That with respect to captures and re-captures on water, general provision hath been made by several ordinances and acts of Congress:

That with respect to captures on land, partial provision only hath been made; and for cases of re-capture on land, no provision at all, it having been left to the discretion of the military commanders to conform, in the cases omitted, to the general rules of justice and the customs of war, as observed by civilized nations:

That the particular case in question, having been decided in the mode practised in the army in like instances, cannot with propriety be re-judged by Congress, to whom is delegated in cases of capture, a legislative only, and not a judiciary authority:

That nevertheless, since it is both the duty and disposition of Congress, to render the arms of the United States as subservient as possible to the just interests of individuals, as well as to the general defence; and since restitution has been ordained to the original owners, in cases of re-capture on water of property previously captured by the enemy on land, the committee are of

opinion, that it is expedient to remit in favor of the original owners, the property re-captured by colonel Koskiusko, and retained for the use of the United States.

Upon this view of the subject, the committee propose the following resolutions:

1st. That Congress approve of the steps taken by major-general Greene, in the case of the property re-captured on land by colonel Koskiusko, and claimed in behalf of the original owners, by the executive authority of the state of South-Carolina, as stated in his letter of the 28th of October last:

2d. That so much of the property re-captured as aforesaid, and accruing to the use of the United States, as shall be satisfactorily proven to have been captured from inhabitants of the United States, be remitted to the original proprietors, excepting only so much, or the value thereof, not exceeding 4th of the whole value, as the said major-general Greene may have promised, or may be deemed by him a proper compensation to the re-captors:

Sd. That leave be given to the committee to report an ordinance declaring in all cases what captures on land shall be legal, and in what manner the same shall be divided or appropriated.

The question being taken on the first resolution, resolved in the affirmative. When the second was under consideration, a motion was made by Mr. Rutledge, seconded by Mr. Gervais, to strike out the words and accruing to the use of the United States :"

And on the question, shall those words stand? the yeas and nays being required by Mr. Gervais,

Congress resumed the consideration of the resolution under debate yesterday; and on the question to agree thereto, resolved in the affirmative.

A question being taken on the third resolution, resolved in the affirmative. The supplementary ordinance for regulating the post-office was read a third time, and passed as follows:

An ordinance for amending an ordinance for regulating the post-office of the United States of Ame

rica:

Whereas it hath been represented to Congress, since passing the ordinance for regulating the post-office of the United States of America, that sundry alterations therein, and additions thereto, are necessary:

Be it ordained by the United States in Congress assembled, and it is hereby ordained by authority of the same, that the privilege of franking letters be, and the same is hereby, extended to the inspector-general, the adjutant-general, the director of the hospitals, the quarter-master general, the commissary of prisoners, and the pay-master general of the army of the United States; and that the same privilege be, and the same is hereby, extended to the officers at the heads of the like departments in any separate army; all letters to and from whom, on public business, shall pass free of postage; and in order to prevent the multiplicity of franks becoming too burthensome to the public,

Be it ordained, and it is hereby ordained by the authority aforesaid, that the allowance, not exceeding 20 per cent. on what would be the postage of free letters if they were charged, be discontinued, and that the public be charged with no further commissions on free letters, though they contain enclosures, than the officers of the post-office would be entitled to on the postage of the same number of single letters coming the same distance :

And be it ordained by the authority aforesaid, that the clause in the ordinance of the 18th of October last, which directs the post-master general and his deputies to furnish extraordinary expresses be, and the same is hereby repealed. Done, &c.

Resolved, That the quarter-master general furnish all extraordinary expresses when the service requires them, any ordinance or resolution of Congress to the contrary notwithstanding.

On motion of Mr. Rutledge, seconded by Mr. Fitzsimmons,

Resolved, That the post-master general be directed to continue the southern post to Savannah, in Georgia; and that the superintendent of finance furnish the money necessary for that

purpose.

Congress having received information that the state of Virginia has repealed its law agreeing to the duty on imports and prizes:

Resolved, That the deputation to Rhode-Island be for the present suspended; and that a committee be appointed to report such further measures as it may be proper for Congress to take upon the subject at large.

FRIDAY, December 27, 1782.

Mr. Condict, a delegate for New-Jersey, attended and took his seat.

On a report from the secretary for foreign affairs, to whom were referred sundry letters from Dr. Franklin and Mr. J. Adams :

Resolved, That Dr. Franklin be informed that the allowance he has heretofore made and now makes to Mr. William Temple Franklin, acting in the character of his secretary, meets the approbation of Congress: and that his future allowance be 300 louis d'ors per annum, until the farther order of Congress.

Resolved, That Mr. Adams be informed that Congress agree to the purchase he has made of a house at the Hague, on account of the United States, and direct him to take measures for transferring to them the title thereof. That on his furnishing an account of the balance still due on such purchase, the superintendent of finance take order for the payment thereof.

MONDAY, December 30, 1782.

His excellency the president having informed Congress that the honorable T. Jefferson was arrived in town:

Ordered, That Mr. Jefferson have access to the several offices of Congress, in order that he may gain a knowledge of the affairs of the United States, and prepare himself for the execution of the trust reposed in him.

The committee, consisting of Mr. Hamilton, Mr. Clark, and Mr. Carroll, to whom was referred a letter of the 5th, from major-general the baron de Steuben, having conferred with him thereupon, submit to the consideration of Congress the following facts, resulting from the communications made to them, supported by the testimonials of the commander in chief and many other principal officers of the army:

1st. That the baron de Steuben was in Europe possessed of respectable military rank, and different posts of honor and emolument, which he relinquished to come to America and offer his services at a critical period of the war, and without any previous stipulations :

2dly. That on his arrival he actually engaged in the army in a very disinterested manner, and without compensations similar to those which had been made to several other foreign officers:

Sdly. That under singular difficulties and embarrassments in the department in which he has been employed, he has rendered very important and substantial services, by introducing into the army a regular formation and exact discipline,