period, not exceeding five years from the final ratification of the confederation, would be satisfactory.

6th. The 9th article provides, that no state shall be deprived of territory for the benefit of the United States; whether we are to understand, that by territory is intended any land, the property of which was heretofore vested in the crown of Great-Britain; or that no mention of such land is made in the confederation, we are constrained to observe, that the present war, as we always apprehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this state, that the benefits derived from a successful contest, were to be general and proportionate; and that the property of the common enemy, falling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are therefore greatly disappointed in finding no provision made in the confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands, commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought in every instance to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great-Britain, previous to the present revolution, ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it, in proportion to their respective abilities, and therefore the reward ought not to be predilectionally distributed. Shall such states as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy? 7th. The 9th article also provides, that the requisition for the land forces to be furnished by the several states shall be proportioned to the number of white inhabitants in each. In the act of independence we find the following declaration:" We hold these truths to be self-evident, that all men are created equal; that they are endued by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness" of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the color of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought therefore to be brought into the account on this occasion. But, admitting necessity or expediency to justify the refusal of liberty in certain circumstances to persons of a particular color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to adinit them in arms for the defence of the nation, yet we conceive the proportion of forces to be embodied ought to be fixed according to the whole number of inhabitants in the state, from whatever class they may be raised. If the whole number of inhabitants in a state, whose inhabitants are all whites, both those who are called into the field, and those who remain to till the ground, and labor in mechanical arts and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that state, ought even a part of the latter description to be left out in another? As it is of indispensable necessity in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that owners of a different color, who are employed for this purpose in one state, while whites are employed for the same purpose in another, be reckoned in the account of the inhabitants in the present instance.

8th. In order that the quota of troops to be furnished in each state, on oc

casion of a war, may be equitably ascertained. we are of opinion that the inhabitants of the several states ought to be numbered as frequently as the nature of the case will admit, and once at least every five years. The disproportioned increase in the population of different states may render such provision absolutely necessary.

9th. It is provided in the 9th article, that the assent of nine states out of the thirteen shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be kept up, should the states increase in number, and a declaration thereof be made, for the satisfaction of the Union.

That we think it our indispensable duty to solicit the attention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as part of the general confederation; by which means we apprehend the mutual interests of all the states will be better secured and promoted, and that the legislature of this state will then be justified in ratifying the same."

Whereupon, it was moved that the several articles in the confederation, referred to in the foregoing representation, be so far re-considered as to admit the purport and meaning of the additions, alterations, and amendments, proposed in the said representation: question put, passed in the negative, S ayes, 6 noes, 1 divided.

The delegates of Pennsylvania being called on, moved the following amendments in behalf of their state :

1st. In the first paragraph of the 5th article, dele the words "for the remainder of the year :" question put, passed in the negative, 2 ayes, 8 noes, 1 divided.

2d. That such part of the 9th article as respects the post office, be altered or amended, so as that Congress be obliged to lay the accounts annually before the legislatures of the several states: question put, passed in the negative, 2 ayes, 9 noes.

Sd. In the 5th paragraph of the 9th article, expunge the word "white:" question put, passed in the negative, 3 ayes, 7 noes, 1 divided.

4th. In the last section of the 9th article, after the word "delegates," add "respectively:" question put, passed in the negative, 1 ay, 10 noes.

The delegates from Virginia being called on, informed Congress that they are empowered to ratify, in behalf of their state, the articles of confederation as they now stand.

The delegates from South-Carolina being called on, moved the following amendments in behalf of their state :

1st. In article 4, between the words "free inhabitants," insert" white :” passed in the negative, 2 ayes, 8 noes, 1 divided.

2d. In the next line, after the words "these states," insert "those who refuse to take up arms in defence of the confederacy:" passed in the negative, 3 ayes, 8 noes.

Sd. After the words "the several states," insert "according to the law of such states respectively, for the government of their own free white inhabitants:" passed in the negative, 2 ayes, 8 noes, 1 divided.

4th. After the words

of which the owner is an inhabitant," insert " except in cases of embargo:" passed in the negative, 2 ayes, 9 noes. 5th. In the first paragraph of the 5th article, strike out "1st Monday in November," and insert 19th day of April :" passed in the negative, 1 ay, 9 noes, 1 divided.

6th. In the second paragraph of the 5th article, substitute "three," in the place of " two," and "two" in the place of "three," and "four" in the place of "six" passed in the negative, 2 ayes, 9 noes.

7th. In the 3d paragraph, for "committee," read "grand council :" passed in the negative, i ay, 9 noes, 1 divided.

8th. In the 1st paragraph of the 6th article, for "prince or state," read "prince or foreign state, except the same be upon the subject of commerce, nor then so as to interfere with any treaty or alliance of the United States made or treaty proposed by Congress :" passed in the negative, 2 ayes, 9

noes.

9th. In the 2d paragraph of the 6th article, strike out "by some nation of Indians," and after the words "to invade such state," insert "or upon requisition to assist a sister state actually invaded or threatened with an invasion:" passed in the negative, 3 ayes, 8 noes.

10th. In the 1st paragraph of the 7th article, strike out" of or under the rank of colonel," and after" shall be appointed," insert "and commissioned:" passed in the negative, 2 ayes, 8 noes, 1 divided.

11th. At the end of the 7th article add, "The troops to be raised shall be deemed the troops of that state by which they are raised. The Congress or grand council of the states may, when they think proper, make requisition to any state for two-thirds of the troops to be raised; which requisition shall be binding upon the said states respectively; but the remaining third shall not be liable to be drawn out of the state in which they are raised, without the consent of the executive authority of the same. When any forces are raised, they shall be under the command of the executive authority of the state in which they are so raised, unless they be joined by troops from any other state, in which the Congress or grand council of the states may appoint a general officer to take the command of the whole and until the same can be done, the command shall be in the senior officer present, who shall be amenable for his conduct to the executive authority of the state in which the troops are, and shall be liable to be suspended thereby. The expenses of the troops so to be raised, shall be defrayed by the state to which they belong; but when called into service by the United States, they shall be fed and paid at the expense of the United States:" passed in the negative, 2 ayes, 9 noes. 12th. In the first line of the 8th article, strike out "charges of war and all other:" passed in the negative, 2 ayes, 8 noes, 1 divided.

13th. In the same article, strike out "according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint;" and instead of "and improvements thereon shall be estimated," read "and improvements thereon shall by periods of years not exceeding ten, as often as may be required by Congress, be generally estimated by persons to be appointed by the legislatures of the respective states, to value the same upon oath :" passed in the negative, 2 ayes, 9 noes.

14th. In the first paragraph of article the 9th, strike out "appointing courts for the trial of piracies and felonies committed on the high seas," and in lieu thereof, insert" declaring what acts committed on the high seas shall be deemed piracies or felonies :" passed in the negative, 2 ayes, 9 noes.

15th. In the second paragraph of the 9th article, for " be the last resort on appeal," read "decide and determine," and strike out "all that relates to the mode of settling differences between states, and controversies concerning private right of soil:" passed in the negative, 2 ayes, 9 noes.

16th. In the fifth paragraph of the 9th article, after the words "in any term of," strike out "three," and insert "two :" passed in the negative, 3 ayes, 7 noes, 1 divided.

17th. In the sixth paragraph of the 9th article, for "unless nine states," read unless "eleven states:" passed in the negative, 2 ayes, 9 noes.

18th. At the end of the same paragraph, strike out the words "in Congress assembled:" passed in the negative, 1 ay, 10 noes.

19th. In the last paragraph of the 9th article, after the words " and the yeas and nays of the delegates of each state on," for "any" read "every,” and strike out the words "when it is desired by any delegate:" passed in the negative, 2 ayes, 9 noes.

20th. In the same sentence, strike out "a state or," and also "at his or their request," and after the words "and the" insert "respective states or the," and after "shall," insert "upon requisition :" passed in the negative, 1 ay, 10 noes.

21st. Amend the last clause of the 13th article, so as to read "unless such alteration be agreed to by eleven of the United States in Congress assembled, and be afterwards confirmed by the legislatures of eleven of the United States:" passed in the negative, 3 ayes, 6 noes, 2 divided.

The delegate from Georgia being called on, informed Congress that he has not yet received any instructions or orders from his constituents, respecting the articles of confederation; but that his state having shewn so much readiness to ratify them, even in an imperfect state, and it being so much for their interest, that the confederation should be ratified, he had no doubt of their agreeing to the articles as they now stand.

Delaware and North-Carolina not having delegates present in Congress, no report was received from them, saving what is contained in gov. Caswell's letter, informing, that the legislature of North-Carolina have agreed to the articles of confederation.

Ordered, That a committee of three be appointed to prepare the form of a ratification of the articles of confederation: the members chosen, Mr. R. H. Lee, Mr. G. Morris, and Mr. Dana.

Adjourned to ten o'clock, to-morrow.

FRIDAY, June 26, 1778.

A letter, of the 24th, from major-general Arnold, in Philadelphia, with a proclamation enclosed, was read: also, two letters of the 8th, from gov. Henry, of Virginia; one, of the 25th, from col. G. Morgan, and, one of the 25th, from the board of war, with sundry papers enclosed, respecting Cornelius Sweers, whom they have arrested in consequence of the orders of Congress. The committee appointed to prepare the form of a ratification of the articles of confederation, brought in a draught, which was agreed to as follows:

TO ALL TO WHOM THESE PRESENTS SHALL COME:

We, the delegates of the states affixed to our names send greeting.

Whereas, the delegates of the United States of America in Congress assembled, did, on the 15th day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of the independence of America, agree to certain articles of confederation and perpetual union between the states of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, NewJersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, SouthCarolina, and Georgia, in the words following, viz.

(Here insert the articles printed.)

Which articles were by Congress proposed to the legislatures of all the United States, to be considered, and if approved of by them, they were advised to authorize their delegates to ratify the same in the Congress of the United States. And, whereas, it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union; KNOW YE, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by

the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual.

In witness whereof, we have hereunto set our hands, this

day of

in the year of our Lord one thousand seven hundred and seventyeight, and in the year of the independence of the United States of

America.

Ordered, That a copy of the articles of confederation, with the above ratifications, be engrossed on parchment, in order that the same may be signed before Congress adjourn from this place.

A petition from Henry Klein, was read:

Ordered, That it be referred to the board of treasury.

FOUR O'CLOCK, P. M.

The commissioners of claims, with the approbation of the auditor-general, report,

That there is due, to John Brown, for his services as clerk of the committee of commerce, from July 21st, 1777, to June 21st, 1778, 825 dollars: To Jacob Funk, for two boxes with locks, and a large chest for the secretary's office, 32 dollars:

To John Thaxter, for his services as clerk in the secretary's office, from the 6th of May, to the 15th of June, inclusive, 100 dollars, and for contingent expenses for the use of the office, 4 78-90 dollars:

To Martin Brenicise, for attending Congress, from the 1st to the 27th of June, inclusive, 36 dollars, and for ringing the bell, the same time, 9 12-90 dollars :

To John Fisher, for renewing two copperplates for loan-office certificates, and making two letters in the device of the 30 dollar bills, 20 dollars : Ordered, That the said accounts be paid.

The committee on the treasury brought in a report; Whereupon,

Ordered, That a warrant issue on the treasurer in favour of Mr. James Smith, a delegate of the state of Pennsylvania, for 1000 dollars, advanced upon his application; for which the said state is to be accountable :

That a warrant issue in favor of the state of Rhode-Island and Providence Plantations, for 100,000 dollars, on Joseph Clark, commissioner of the continental loan-office in the said state; one other warrant for 50,000 dollars, on the treasurer of the said state; and one other warrant, for 100,000 dollars, on the treasurer of Connecticut; the last mentioned sums being part of a continental tax assessed in pursuance of a resolution of Congress of the 22d of November last, on the said states respectively; the whole amounting to 250,000 dollars; for which the said state of Rhode-Island is to be accountable:

That a warrant issue in favor of John Gibson, esq. auditor-general, for 1,000,000 of dollars, on the treasurer, who is to transmit the same to J. Gibson, at Philadelphia, to answer the drafts of Congress; he to be accountable : That a warrant issue on the treasurer in favor of Joseph Nourse, pay-master to the board of war and ordnance, for 300,000 dollars, to be by him transmitted to Benjamin Stelle, deputy pay-master in the state of Rhode-Island and Providence Plantations; and that Ebenezer Hancock, esq. deputy paymaster general in the eastern department, who is to be accountable, be furnished with a copy of this order:

That a warrant isue on the treasurer in favor of the hon. Henry Laurens, president of Congress, for 3000 dollars, for the purpose of paying expresses; he to be accountable:

That a warrant issue on the treasurer in favor of Mr. R. Sherman, a delegate of the state of Connecticut, for 1000 dollars, it being advanced upon his application; for which the said state is to be accountable.

VOL. II.

77