last mentioned persons should be restored to them, they refunding to any persons who may be now in possession, the bona fide price, (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.* Ordered, That a copy of the proclamation of this date, together with the recommendation, be transmitted to the several states by the secretary. THURSDAY, January 15, 1784. Congress assembled: Preseut as yesterday. The committee, consisting of Mr. Osgood, Mr. Williamson and Mr. Tilton, to whom was referred a memorial of the public creditors in the city and neighbourhood of Philadelphia, report, that the said memorial sets forth, that the general assembly of the state of Pennsylvania, did, on the 21st day of March last, pass an act authorizing and directing the treasurer thereof, to make and issue notes, and deliver the same to Thomas Smith, esq. continental loan-officer, to enable him to pay one year's interest on such of the said debts as are therein described, according to the directions of the United States in Congress assembled. That the said loan-officer refuses the payment of the interest due to them on loan-office certificates, bearing date between the 1st day of September, 1777, and the first day of March, 1778, unless they consent to a liquidation of depreciation on the interest of this class of certificates, equal to that which is established for the principal on the final redemption; that this condition destroys the solemn contracts contained in the resolutions of the 10th of September, 1777, and adhered to in the resolve of the 28th of of June, 1780, the first of which is, "that the interest which shall arise after the date of this resolution on loan office certificates, already issued, or which shall be issued before the first day of March next, be annually paid at the respective loan-offices in bills of exchange on the commissioners of the United States in Paris, at the rate of five livres of France for every Spanish milled dollar, due for interest as aforesaid, or in continental bills of credit at the option of the respective lenders." The other is, "that the interest on all loan-office certificates at the rate of six per cent. per annum, computed on the principal ascertained as aforesaid, shall be discharged annually, in like manner as the principal, until the principal shall be paid: Provided nevertheless, that the same interest and mode of payment on certificates taken out before the first day of March, 1778, shall be continued as at present, until the principal ascertained as aforesaid, be ready to be discharged." That the memorialists in behalf of the said public creditors, pray Congress to give directions agreeably to the intentions of the above recited resolutions. The committee further report, that upon inspecting the journals of Congress, they find that Congress did, on the 4th day of Sept. 1782, resolve that 1,200,000 dollars be quotaed on the states as absolutely and immediately necessary for the payment of the interests of the public debts, but no directions are contained therein, relative to the liquidating the interest by the scale of depreciation; that on the 9th of September, 1782, Congress directed, "that no bill of exchange be issued for interest due on loan-office certificates, since the first day of March last," preceding. And the committee are of opinion, that the inability of Congress, to discharge the interests according to the promise, does not dissolve the same, that the creditors aforesaid are justly entitled to an equivalent, that the debt is created by the resolution of the 10th of September, 1777, and that no subsequent resolution has invalidated the intention thercof: Whereupon, Resolved, That the interest which has or may become due on loan office certificates, bearing date between the 1st day of September, 1777, and the 1st day of March, 1778, is not subjected to any depreciation. On the report of the committee, to whom was referred the letter from the post-master general, of the 22d of November, with the papers enclosed, respecting the robbery of the mail at Princeton, Resolved, That the president issue a proclamation, offering a reward of 300 dollars, to be paid out of the public treasury, and charged on the revenue of the post-office, to any person or persons who shall apprehend and secure, in any of the goals in the United States, the perpetrator or perpetrators of the aforesaid robbery, so that he or they may be thereof legally convicted, and brought to condign punishment; and promising the same reward, with an indemnity to any person who being an accomplice, shall give information and evidence whereby any principal offender or offenders shall be convicted as aforesaid. On motion of Mr. Read, seconded by Mr. Sherman, Resolved, That a committee be appointed to devise ways and means for discharging that part of the public debt, consisting of continental loan-office certificates, issued between the 1st day of September, 1777, and the 1st day of March, 1778. On motion of Mr. Gerry, seconded by Mr. Read, Resolved, that a triplicate of the ratification of the definitive treaty, be sent to our ministers plenipotentiary, by lieutenant-colonel David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia, for France or any port in the channel, in which neither of the instruments of the ratification, already forwarded, may be sent, provided such vessel shall sail before the 3d day of February next. Ordered, That the superintendent of finance furnish lieutenant-colonel David S. Franks, with money to defray his necessary expenses in going and returning. FRIDAY, January 16, 1784. Congress assembled: Present as before. SATURDAY, January 17, 1784. Only six states being represented; namely, Rhode-Island, Connecticut, Pennsylvania, Delaware, Maryland and Virginia; and from the state of NewHampshire, Mr. Foster; from Massachusetts, Mr. Osgood; from New-Jersey, Mr. Beatty; from North-Carolina, Mr. Williamson, and from South-Carolina, Mr. Read; the president adjourned Congress till ten o-clock on Monday. MONDAY, January 19, 1784. Three states only attending; namely, Massachusetts, Pennsylvania and North-Carolina; and from the state of Connecticut, Mr. Sherman; from Delaware, Mr. Tilton; from Maryland, Mr. Lloyd; from Virginia, and Mr. Jefferson; the president adjourned Congress till ten o'clock to-morrow. TUESDAY, January 20, 1784. Only five states attending; viz. Rhode-Island, Connecticut, Pennsylvania, Maryland and Virginia; and from the state of New-Hampshire, Mr. Foster; from Massachusetts, Mr. Patridge; from New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton; from North-Carolina, Mr. Spaight, and from South-Carolina, Mr. Beresford; the president adjourned Congress to ten o'clock to-morrow. WEDNESDAY, January 21, 1784. Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Maryland, Virginia and North-Carolina; and from the state of New-Hampshire, Mr. Foster; from New-Jersey, Mr. Beatty; from Delaware, Mr. Tilton, and from South-Carolina, Mr. Beresford. The committee, consisting of Mr. Ellery, Mr. Hand, Mr. Spaight, Mr. Jefferson and Mr. Lee, to whom was referred a letter of the 6th November, from the legislature of New-Hampshire, respecting the proceedings and sentence of the court of appeals in cases of capture, on the case of the ship Lusannab, having delivered in a report, the same was called for; Whereupon, A motion was made by Mr. Howell, seconded by Mr. Ellery, That the report be postponed till the state of New-Hampshire, whose interests are thereby materially affected, shall be represented in Congress. The report being as follows: Your committee find, that by a resolution of Congress of November 25th, 1775, it was recommended to the legislatures of the several states, to erect courts for determining the cases of captures from the enemy on the high seas; and it was declared, that in all cases, an appeal should be allowed to Congress, or sach persons as they should appoint for the trial of appeals. That this resolution was complied with by the several states, some of them ceding appeals to Congress on a larger, and some on a more contracted scale; and New Hampshire particularly, by their act of assembly of 1776, allowing them only in cases of captures by armed vessels fitted out at the charge of the United States, and reserving the appeal in all other cases to the supreme court of their own state. That the course of Congress was, to appoint a committee, for the trial of every special appeal, till the 30th day of January, 1777, when a standing committee was appointed to hear and determine appeals, from the courts of admiralty in the respective states. That the brigantine M'Clary, a private armed vessel, owned by John Penhallow and others, citizens of NewHampshire, captured on the highs eas, in the month of November, 1777, the brigantine Lusannah, the subject of the present question, carried her into Piscataqua, in the state of New-Hampshire, and libelled her before the maritime court of the said state, whereon the said vessel and cargo were by the said court condemned. That the claimants, Elisha Doane, and others, prayed an appeal to Congress, which being refused, they appealed to the superior court of New-Hampshire, where the sentence being confirmed, they again prayed an appeal to Congress, which was refused, and the sentence carried into effect, by a sale and distribution of the vessel and cargo. That on the 9th day of October, 1778, the said Elisha Doane, petitioned Congresss for a revision of the said sentence, which petition being referred to the Committee of appeals, they, in May, 1779, summoned the libellants to appear before them in defence of their right. That on the 22d of the same month, Congress resolved, that certain resolutions of theirs, of March 6th, 1779, relative to their controul over all jurisdic, tions in cases of capture on the high seas, should be transmitted to the several states, and they be respectively requested to take effectual measures for conforming therewith. That they were accordingly transmitted to the state of New Hampshire, the legislature whereof, by their act of November, 1779, extended the license of appeals to Congress, to every case wherein any subject of any foreign nation in amity with the United States, should be interested in the dispute, and allowed it no further. That in May, 1780, a court of appeals was established by Congress, with jurisdiction over all matters respecting ap. peals in cases of capture, then depending before Congress, or the commissioners of appeals, consisting of members of Congress. That all these transactions were prior to the completion of the confederation, which took place on the 1st day of March, 1781. That on the 17th of September, 1783, the court of appeals proceeded to consider the case of the said Elisha Doane, and others, against the brigantine Lusannah, John Penhallow, libellant, and to reverse the said sentence passed by the inferior and superior courts of New-Hampshire; Whereupon, your committee have come to the following resolution: Resolved, That the said capture having been made by citizens of New-Hampshire, carried in and submitted to the jurisdiction of that state, before the completion of the confederation, while appeals to Congress in such cases were absolutely refused by their legislature, neither Congress, nor any persons deriving authority from them, had jurisdiction in the said case. On the question for postponing as above, the yeas and nays being required by Mr. Foster, N-Hampshire, Mr. Foster, VOL. IV. ༨ ༠༥ * Rhode Island, Mr. Ellery, Howell, ay ay ay no? div. ay After farther debate on the report, an adjournment was called for and agreed to. THURSDAY, January 22, 1784. Congress assembled: Present as yesterday. The committee, consisting of Mr. Tilton, Mr. Lee and Mr. Howell, to whom was referred a petition of captain Paschke, report, "That it appears, that captain Paschke, served as an officer in count Pulaski's legion, from the 14th of March, 1777, until the reduction of that corps, the 18th of May, 1780; that on the 16th of May, 1780, Congress resolved, "that the sum of 3000 dollars currency of these states, and a bill of exchange for 250 dollars specie, be paid to captain Paschke, late of count Pulaski's legion, (which being dissolved, Congress have no means of employing captain Paschke, though a deserving officer) to enable him to return to Europe." That not choosing to cross the Atlantic during the war, he held appointments in the quarter-masters' department, in the southern army, until its dissolution the 13th July, 1783: And that he has produced ample testimonials of his bravery, integrity, capacity and industry in the service of the United States: but as the definitive treaty of peace is ratified, nearly the whole of the army discharged, and the commander in chief has resigned his commission, it is inexpedient to make the promotion requested by captain Paschke. Resolved, That Congress agree to the said report. The committee, consisting of Mr. Williamson, Mr. Osgood and Mr. Ellery, to whom was referred a letter of the 29th October, 1783, from major-general du Portail, requesting some immediate payment for himself, and other officers belonging to the late corps of engineers; also a letter from brigadier-general Armand of the 15th inst. as well in behalf of himself and other officers belonging to the legionary corps late under his command, as of the said corps of engineers, report, That the foreign officers lately in the service of the United States, who were not attached to the line of any particular state, complain of great and singular hardships under which they have laboured during the late war. The pay which they received for a considerable time in depreciated money, was very unequal to their actual expenses, nor could they be profited by the recommendations of Congress on the subject of depreciation, which afforded immediate relief to the rest of the army, because there was no state to which they could look for the balance of their pay; hence it followed, that some of them have depended in a great measure for their support, on remmittances from their friends in France, while others less fortunate, have contracted considerable debts in America. That in their present situation, they neither have the means of subsisting in America, nor of returning to their native country, unless some part of the money due them by the public shall be paid." Whereupon, Resolved, That the superintendent of finance take order for paying to the foreign officers of the late corps of engineers, and to the foreign officers lately belonging to the legionary corps, commanded by brigadier-general Armand, also to major Second, captain Beaulieu, late of general Pulaski's corps, and to captain Ponthiere, late aid to the baron Steuben, such sums on account of their pay as may be necessary to relieve them from their present embarrassments, and enable those in America to return to their native country. On motion of Mr. Gerry, seconded by Mr. Williamson, Ordered, That the commissary of military-stores be directed not to dispose of any such stores without the express order of Congress. Congress proceeded to the election of a chaplain, and, the ballots being taken, the Rev. Mr. Daniel Jones was elected, having been nominated by Mr. Lee. Mr. J. Montgomery, a delegate for Pennsylvania, attended, and took his seat. FRIDAY, January 23, 1784. Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Maryland, Virginia, North-Carolina, and South Carolina; and from the state of New-Jersey, Mr. Beatty, and from Delaware, Mr. Tilton. On the report of a committee, consisting of Mr. Jefferson, Mr. Lee and Mr. Williamson, to whom was referred a petition of Zebulon Butler, and others, claiming under the state of Connecticut, private right of soil within the territory westward of the Delaware, formerly in controversy between the said state, and that of Pennsylvania, and lately determined by a court constituted and appointed agreeably to the ninth of the articles of confederation and perpetual union, to be within the jurisdiction of the state of Pennsylvania, complaining that they are disturbed in their right, by others, claiming under the said state of Pennsylvania, and praying that a court may be instituted under the ninth article of the confederation, for determining the said right. Resolved, That a court be instituted according to the said ninth article of the confederation, for determining the private right of soil within the said territory, so far as the same is by the said article submitted to the determination of such a court. That the fourth Monday in June next, be assigned for the appearance of the parties, by their lawful agents, before Congress, or the committee of the states, wheresoever they shall be then sitting. That notice of the assignment of the said day, be given to the parties in the following form: To the claimants of the private right of soil within the territory westward of the Delaware, heretofore in controversy between the states of Connecticut and Pennsylvania, and adjudged by the sentence of a court constituted and appointed agreeably to the ninth of the articles of coufederation and perpetual union, to be within the jurisdiction of the state of Pennsylvania, it is hereby made known: That sundry individuals claiming private right of soil, under the state of Connecticut, within the said territory, have made application to Congress, stating, that they have beer. disturbed in their said right of soil, by others, claiming under the state of Pennsylvania; and praying for the institution of a court for determining the said private right of soil, in pursuance of the ninth article of confederation: And that the fourth Monday in June next, is assigned for the appearance of the parties, by the lawful agents, before Congress, or a committee of the states, wheresoever they shall be then sitting, to proceed in the premises as by the confederation is directed. By order of Congress, CHARLES THOMSON, Secretary. Resolved, That the said notice be transmitted by the secretary, to the executives of the states of Connecticut and Pennsylvania, with a request that they take proper measures for having the same served on the parties interested under their states respectively, MONDAY, January 26, 1784. Congress assembled: Present as before. On motion of Mr. Howell, seconded by Mr. Lee. Ordered, That the secretary deliver to Josiah Hewes, one of the directors of the library company of Philadelphia, two sets of the journals of Congress, neatly bound, for the use of the said library company. On the report of a committee, consisting of Mr. Williamson, Mr. Tilton and Mr. Monroe, to whom were referred a memorial of Joseph Ward, and a petition of R. Frothingham, Resolved, That half-pay cannot be allowed to any officer, or to any class or denomination of officers, to whom it has not heretofore been expressly promised. TUESDAY, January 27, 1784. Three states only attending; namely, Massachusetts, Connecticut and NorthCarolina and from the state of Pennsylvania, Mr. Mifflin, and from the state of South-Carolina, Mr. Read; the president adjourned Congress till ten o'clock to-morrow. |