that a certain Luther Stoddart of Salisbury, in the stats of Connecticut, hath without any lawful authority or just caufe, taken, carried away and converted to his own ufe, military ftores the property of the United States, to about the value of 23,737 dollars. That the only excufe made by the faid Luther Stoddart for his conduct was, that he had got poffeffion of continental certificates to the amount of about 73331 dollars:" whereupon Refolved, That the faid letters and papers be tranfmitted to the fuperintendant of finance, and that he takethe most effectual meafures for recovering the property. of the United States, and for bringing the faid Luther Stoddart, and all thofe concerned with him to trial, and that they may be dealt with as to law and justice ap-. pertains: and that the governor of Connecticut be requested to give every proper and neceflary affiftance to the fuperintendant of finance for effecting these pur-. pofes. On the report of a committee confifting of Mr. Mercer, Mr. Lee, Mr. Gerry, Mr. Howell and Mr. Paine, appointed to confider of the measures proper to be adopted in order to take poffeffion of the frontier pofts. Refolved, That the commanding officer of the tropps now in the fervice of the United States be, and he is here.. by directed to open a correfpondence with the commander in chief of his Britannic majefty's forces in Canada, in order to ascertain the precife time when each of the posts within the territories of the United States, now occupied by British troops, fhall be delivered up, That he endeavour to effect an exchange with the Bri♣tish commanding officer in Canada, of the cannon and ftores, at the polts to be evacuated, for cannon and stores to be delivered at Weft-Point, New-York, or fome other convenient place, and if this cannot be accomplished that then he caufe the compliment of cannon and stores, requifite for thofe pofts to be in readiness to be tranf ported thither in the moft convenient and expeditious. manner poffible. THURSDAY, MAY 13, 1784. Congress affembled Prefent as yesterday. The The committee of qualifications confifting of Mr. Shere man, Mr. Beatty, Mr. Chafe, Mr. Williamfon and Mr. Gerry, report, That the delegates from the Rate 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 faid frate-That by a law of the said state, the delegates are to be elected annually on the first Wednefday in May-That by an act of the legislature of the faid state of the 22d of August 1777, it is refolved, "That the delegates appointed or who may be appointed to represent this state in Congrefs, be, and they or either of them are hereby empowered to represent said state in Congrefs, until they or either of them shall have due notice of their re election, or until the delegates who may be appointed in their room shall take their feats in Congress,the act directing the election of the faid delegates for one year to the contrary notwithstanding."-That none of the delegates of the faid ftate took their feats in Congress, under the said appointment of May 1783, until the 30th day of June laft, the certificate of their appointment being first produced and read in Congrefs on that day, which is in the words following-State of Rhode Island and Providence Plantations-I certify that at the annie versary election of officers civil and military for the flate aforefaid,held on the firft Wednesday in Mays A. D. 1783, the honorable William Ellery, Jonathan Arnold, David Howell and Henry Marchant, eiquires, were elected delegates to reprefent the faid itate in the Congress of the United States of America, for one year, and until others fhall be appointed in their stead, and appear to take their places, Henry. Ward, fez." That by the fifth of the arti cles of confederation it is agreed," that delegates fhall be annually appointed in fuch manner as the legislature of each state fhall direct to meet in Congress on the first Monday in November, in every year," whereupon your committee are of opinion that no flate has right to empower its delegates to fit in Congress more than one year,under one appointment, and that the year for which the faid delegates of the ftate of Rhode-land were ap pointed, is expired. The faid report being this day rought in and read. A Connecticut, New-York, New-Jerfey, A motion was made by Mr. Mercer, feconded by Mr. Spaight, that Congress proceed in the confideration thereof. And on the question to agree to that motion the yeas and nays being required by Mr. Spaight. Mr. Fofter New-Hampfhire, Maffachusetts, Mr. Blanchard Mr. Beatty 710 } nol no no? no nor n no2 no Mr. Dick ay no Mr. Hand no Ordered, That to morrow be affigned for the confidera tion 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 ftate of New-York have instructed their delegates in Congrefs as follows, to wit: "Whereas upon the conclufion of a general peace beween the feveral belligerent powers in Europe and thefe United States, the pofts at prefent occupied by the British troops in the northern and western parts of this ftate will be evacuated by them, and may be feized by favages inimical to these United States, whereby the inhabitants of the frontiers may be exposed to great danger and diftrels ftrefs: And whereas by the fixth article of the confederation and perpetual union between the United States of America, it is declared, "That no body of forces fhall be kept up by any state in time of peace, except fuch number only as in the judgment of the United States in Congrefs affembled fhall be deemed requifite to garrifon the forts neceffary for the defence of fuch ftate," Refolved therefore that the delegates of this ftate in Congress be, and they are hereby inftructed to reprefent to the United States in Congrefs affembled, that this ftate deem it effentially neceffary to make provifion to garrifon the faid pofts immediately on the evacuation thereof by the Bri tish troops: that therefore the faid delegates requeft the United States in Congress affembled to declare the number of troops which they may deem neceffary for fuch garrifons. The faid delegates at the fame time informing the faid United States, that it is the opinion of this legiflature, that a body of troops not exceeding five hundred rank and file, properly officered, would be adequate for the purpose aforefaid; which request was accordingly made by the faid delegates. And whereas it is a manifeftly just construction of the faid fection and articles, that when the fovereignty of any ftate fhall deem it neceffary in time of peace to garrifon forts for its defence, the troops are to be raised by and at the expence of fuck fate, and that the number only is to be determined by the judgment of the United States in Congrefs aflembled. Refolved therefore, That the application aforefaid was and is conftitutional and reasonable, and that the legi flature of this fate had and have a right to a decifiou thereupon. That it appears by difpatches from the dele→ gates of this ftate, that no fuch decifion was made on the ninth day of this prefent month. That the proceedings of this legislature have already been greatly embarrassed for want of fuch decifion; and as it is uncertain when the said United States will decide on the faid requeft, and any further delay in profecuting meafures for the prefer vation of the fortreffes on the frontiers of this ftate, and the protection of its citizens, will be highly detrimental to this ftate: Refolved therefore further, That the delegates from this state be instructed to inform Congress, VOL. X. D. d that that the legiture cannot confiftent with the public fafe. ty, any longer delay measures for raising a body of troops for the purposes aforefaid; that fuch number will not ex. ceed that stated in the faid recited refolution, as in the opinion of the legiflature adequate to the purpose. That the faid delegates do without delay prefs upon the faid United States in Congrefs affembled, the just right of this state to the determination aforefaid, and entreat that it may be given without further delay" The delegates for the state of New-York, in obedience to the aforefaid inftructions, move that it be refolved, That for the purpofe of garrifoning the forts within the itate of New York, necellary for the defence thereof, the faid ftate be allowed to keep up a body of troops or forces not exceeding five hundred rank and file, properly officered. And on this the faid delegates require the yeas and nays. A motion was made by Mr. Gerry, feconded by Mr. Partridge. That the motion of the delegates of New-York be committed. And on the question for commitment, the yeas and nays being required by Mr. De Witt. New Hampshire, Mr. Fofter ay Mr. Blanchard ay ay ay Mr. Partridge ay ay ay Mr. Wadfworth ay ay no Mr. Paine ន no |