Your committee are further of opinion, that the 4th, 5th and 6th conditions being reasonable, should be agreed to by Congress. With respect to the 7th condition, your committee are of opinion, that it would be improper for Congress to declare the purchases and grants therein mentioned, absolutely void and of no effect; and that the 6th condition, engaging how the lands beyond the Ohio shall be disposed of is, sufficient on this point. As to the last condition, your committee are of opinion, that Congress cannot agree to guarantee to the commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the state of Virginia to the said land; and that by the acts of Congress it appears to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to recommend and accept a cession of their claims whatsoever they might be, to vacant territory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land above-mentioned is really the property of the state of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that state, there is no reason or consideration for such guarantee. Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress accept such cession. On the question to agree to this report, the yeas and nays being required by Mr. Howell, On the report of a committee, consisting of Mr. Duane, Mr. Rutledge and Mr. Read, to whom were referred certain papers respecting the mutiny of a part of the continental troops of the Pennsylvania line: Congress agreed to the following act and resolutions. THE UNITED STATES IN CONGRESS ASSEMBLED, To all to whom these presents shall come, be seen or made known, send geeeting: WHEREAS at a general court-martial, whereof brigadier-general John Patterson was president, lately held near the city of Philadelphia, in the state of Pennsylvania, for the trial of persons promoting or concerned in the late mutiny of part of the Pennsylvania line of continental troops, stationed at Lancaster, and in the barracks of the city of Philadelphia, in the said state, Christian Nagle and John Morrison, late serjeants in the 3d Pennsylvania regiment, were severally charged with, and convicted of a breach of the 3d article of the 2d section of the rules and articles of war, and by award of said court, were severally sentenced to suffer death. And whereas also gunner Lilly and drummer Horn, of the 4th or Pennsylvania artillery, and Thomas Flowers and William Carman, soldiers in the said 3d Pennsylvania regiment, were severally charged with, and convicted of a breach of the said article and section of the rules and articles of war, and by award of the said court, were severally sentenced to receive corporeal punishment. And whereas the said prisoners appear not to have been principals in the said mutiny, and no lives having been lost, nor any destruction of property committed; now know ye, that of special grace and mere motion, and by virtue of the power and authority vested by the articles of confederation and perpetual union, the United States in Congress assembled, have thought fit to pardon and remit, and by these presents do grant, a full, free and absolute pardon and remission to the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman, and each of them, of all judgments or sentences of death, or other corporeal punishment, pains or penalties whatsoever given or awarded by the said general court-martial: And we do strictly charge and command, all and singular our offi cers, civil and military, to surcease from longer molestation or imprisonment of the said Christian Nagle, John Morrison, gunner Lilly, drummer Horn, Thomas Flowers and William Carman; and do further will and require, that they severally from henceforth go free and acquit of their several convictions, judgments and sentences aforesaid. Done in Congress this 13th day of September, 1783. Resolved, That the sentences of the court-martial acquitting captain Christie, captain Symonds and lieutenant Huston, be, and they are hereby confirmed. Resolved, That the thanks of Congress be given to major-general Robert Howe, for the prudence and propriety with which he executed the enquiry into the late mutiny of a part of the Pennsylvania line of continental troops. MONDAY, September 15, 1783. On the report from the secretary at war: Resolved, That the commission of lieutenant-colonel by brevet, in the army of the United States, be issued to major Murnan. On motion of Mr. Carroll, seconded by Mr. M'Henry, Resolved, That general Washington have access to the secret papers of Congress, under the same injunctions as members. On the report of the agent of marine, to whom was referred a memorial from John Jordan, James M'Kinsey and Joseph Brussel, Congress came to the following resolution, by the vote of nine states. Whereas John Jordan, James M.Kinsey and Joseph Brussel, ordinary seamen belonging to the navy of the United States, have lost their limbs in action, on board the ship Bonne Homme Richard, commanded by captain John Paul Jones, on the 23d day of September, 1779, fighting under the American flag. Resolved, That the said John Jordan, James M'Kinsey and Joseph Brussel, be allowed for their support, 40 dollars per annum each, to be paid quarterly, and to commence from the time their pay ceased in the navy, until the further order of Congress. TUESDAY, September 16, 1783. Congress took into consideration the report of a committee, consisting of Mr. S. Huntington, Mr. Gerry and Mr. Foster, to whom was referred a report on a letter of the 11th of July last, from the legislature of Massachusetts, and the first part being amended so as to read, That after the first Monday in November next, the establishment and salaries of all officers in the marine department, excepting the agent of marine, shall terminate and cease; and that from and after the said first day of November next, dollars per annum, shall be allowed to the agent of marine, for managing the business of that department, and for payment of the clerks and contingent expenses of the office: He shall appoint and remove at pleasure all persons employed under him, and be responsible for their conduct in office. A motion was made by Mr. Bland, seconded by Mr. Howell, to strike out the words, "excepting the agent of marine:" And on the question, shall those words stand? the yeas and nays being required by Mr. Gerty, So the question was lost, and the words were struck out. WEDNESDAY, September 17, 1783. On motion of Mr. Duane, seconded by Mr. Gerry, Whereas it is the duty of Congress at all times, but more especially when their constituents are exposed to heavy taxes, and the finances greatly embarrassed, to embrace every opportunity to introduce economy in the public expenditures. And whereas since a return of the blessings of peace, not only the business of many of the officers on the domestic civil list is decreased, but the charge of their subsistence is greatly moderated. And whereas by a change of system in conducting the affairs of the United States, at foreign courts, great savings may be also made to the public. Resolved, therefore, That a committee be appointed to consider what reductions may be made in the civil list, and to report specially on each department. Ordered, That the committee consist of five. Ordered, That the first part of the report which was under consideration yesterday, so far as respects the civil list, be referred to the said committee. Congress then resumed the consideration of the report of the committee, to whom was referred the report on a letter of the 11th July, from the legislature of Massachusetts, which is in the following words: Whereas the legislatures, as well as the citizens of several states, are opposed to the allowance of half pay to officers of the army, and also to the commutation made by an act of Congress of 22d March last; and it is the request of the delegates of such states, that the legislatures thereof may have an opportunity of effecting a compromise with the officers of their respective lines, and of enabling them to retain the affection and esteem of their fellow-citizens. Resolved, That the secretary at war be directed to transmit to the legisla tures of the states of Massachusetts, Rhode-Island and Providence Plantations, and of such other states as may apply for the same, a list of the officers belonging to such states respectively, to whom half pay or the commutation has been promised by Congress, and of the sums to those officers severally due, specifying particularly the arrearages of their pay, clothing and rations, to the 1st of January last, and the amount of the commutation; in order that the said legislatures, if they shall deem it expedient, may reward the services of the said officers, in a way that shall be mutually agreeable to them. That the public securities which have been or may be issued to the said officers, for their arrearages or commutation, and which in consequence of a compromise may by them be assigned to their respective states, shall be received by the superintendent of finance, from such states, in payment of requisitions of Congress: provided that such officers as may not accept the proposals of their respective states, for rewarding their services aforesaid, shall be nevertheless entitled to the commutatiou, and every other emolument granted them by acts of Congress. A motion was made by Mr. Ellery, seconded by Mr. Condict, to strike out the words, "provided that such officers, &c." to the end: And on the question, shall those words stand? the yeas and nays being required by Mr. Ellery, N-Hampshire, Mr. Foster, Pennsylvania, Mr. Fitzsimmons, Massachusetts, Mr. Gerry, ayay ay ay >* ay Holten, ay Say Maryland, Higginson, ay Montgomery, Rhode Island, Mr. Ellery, no Virginia, Mr. Jones, no Howell, no Madison, ay ay lay? ay ay ay New-Jersey, Mr. Boudinot, Beresford, Clark, ay no no no ay } ay So it was resolved in the affirmative. A motion was then made by Mr. Gerry, seconded by Mr. Holten, after the words "in payment of requisitions of Congress," to add "not appropriated to the payment of the interest of the public debt:" And on the question to agree to this amendment, the yeas and nays being required by Mr Gerry, Congress resumed the consideration of the report which was under debate yesterday, and a motion was made by Mr. Bland, seconded by Mr. Hawkins, to strike out the words, "the legislatures as well as the citizens of several states," and to insert in lieu thereof, "it appears from the letter of the 11th July, 1783, from the legislature of the state of Massachusetts, that the legislature of that state:" And on the question to agree to that amendment, the yeas and nays being required by Mr. Gerry, N-Hampshire, Mr. Foster, Pennsylvania, Mr. Fitzsimmons, ay} div. no ay > ay > Mr. M'Henry, Mr. Jones, ay Rhode-Island, Mr. Ellery, no }} Mr. S. Huntington, no Mr. Duane, L'Hommedieu, no New-Jersey, Mr. Boudinot, Clark, So the question was lost. A division of the question was called for; and on the question to agree to the report, (including the preamble) as far as the word "provided," the yeas and nays being required by Mr. Gerry, A question being taken on the latter part, passed in the negative. Congress then resumed the consideration of the report of the committee, consisting of Mr. Duane, Mr. A. Lee, and Mr. S. Huntington, to whom was referred a letter of the 11th July last, from the legislature of Massachusetts, which is in the words following: That the subjects of complaint in the said letter are, the grant of half-pay for life to the officers of the army; the commutation granted to the said officers of five years' whole pay, in lieu of the said half-pay; and the salaries allowed to the civil officers of Congress. The half-pay, your committee observe, was granted at a critical period of the war, when our finances were embarrassed, our credit impaired, our army distressed, the officers discontented, and resignations so general, as to threaten the dissolution of a corps on whose military experience the public safety, in the judgment of the commander in chief, greatly depended. The first grant was limited to seven years, but not being deemed satisfactory to the army, the evil of resignations continued to prevail to so alarming a degree, as to require a more effectual remedy; and the grant of half-pay to the officers was extended for life. Your committee are persuaded that no doubt can be entertained, but that Congress were of opinion, that this provision was alone competent, if it was not the only one at that time in their power, to establish a military force capable of opposing the dangers with which the United States were then surrounded. That although it is to be regretted that any measure has been adopted by Congress, which has given uneasiness to the legislature or the citizens of the Massachusetts; yet experience has shewn how essentially that provision in question has contributed to the stability of the army, to its perfection in discipline, to the vigor and decision of its operations, and to those brilliant successes which have hastened the blessings of a safe and honorable peace. Your committee beg leave further to observe, that from an earnest desire to give satisfaction to such of the states as expressed a dislike to the half-pay establishment, a sum in gross was proposed by Congress, and accepted by the officers as an equivalent, for their half pay. That your committee are informed, that such equivalent was ascertained on established principles which are acknowledged to be just, and adopted in similar cases: but that if the objections against the commutation were ever so valid, yet as it is not now under the arbitration of Congress, but an act constitutionally and finally adopted, and the national faith pledged to carry it into effect, they could not be taken into consideration. With regard to the salaries of civil officers it may be observed, that the necessaries of life have been very high during the war: hence it has happened that even the salaries complained of, have not been found sufficient to induce persons properly qualified, to accept of many important offices, and the public business is left undone. Your committee are nevertheless of opinion, that since the cessation of hostilities, the expense of living is moderated, and that a considerable reduction may be made in the civil list." A motion was made by Mr. M'Henry, seconded by Mr. Mercer, to commit the report: And on the question for committing, the yeas and nays being required by Mr. Holten, So it was resolved in the affirmative. FRIDAY, September 19, 1783. The committee, consisting of Mr. Madison, Mr. Mercer and Mr. Duane, to |