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his Catholic Majesty the use of the river aforesaid, with a free port or ports below the said thirty-first degree of north latitude for the citizens of the United States, under such regulations and restrictions only as may be a necessary safeguard against illicit commerce.

I am, &c.

S. HUNTINGTON, President. When the question was about being put || to agree to the foregoing letter, ll the previous question was moved by Mr. [Thomas] Burke, seconded by Mr. (James] Lovell; And ||on the question to agree to the previous question, || the

nays being required by Mr. [Thomas) Bee New Hampshire,

Delaware,
Mr. Sullivan, no } no

Mr. McKean, no } no
Massachusetts Bay,

Maryland,
Mr. Adams,

Mr. Carroll,
ay

no } *
Lovell, ay ay

Virginia,
Ward, ay

Mr. Jones,
Rhode Island,

Madison,
Mr. Varnum, no } no

Bland,
Connecticut,

North Carolina,
Mr. Huntington, no

Mr. Burke,

ay
Root, ay | ay

Sharpe,
Wolcott,

Johnston,
ay
New York,

South Carolina,
Mr. Floyd,

Mr. Mathews,
}

div.
McDougall, no

Bee,
New Jersey,

Motte,
Mr. Burnet,
no } *

Georgia,
Pennsylvania,

Mr. Walton,
Mr. Montgomery,no

Few,
Atlee,
Clymer,
Wynkoop,

Smith, * The motion and draft of the instruction, in the writing of James Madison, is in the Library of Congress United States Revolution, VI. It was presented, the indorsement indicates, February 1 and postponed.

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So it passed in the negative.

On the question to agree to the main question or letter
||of instructions, || the yeas and nays being required by Mr.
[James] Lovell-
New Hampshire,

Delaware,
Mr. Sullivan,
ay} ay

Mr. McKean, ay } ay
Massachusetts Bay,

Maryland,
Mr. S. Adams,
no

Mr. Carroll,
Lovell,

Virginia,
Ward,

Mr. Jones,

ay Rhode Island,

Madison, ay } ay
Mr. Varnum, ay } ay

Bland, ay
Connecticut,

North Carolina,
Mr. Huntington, ay

Mr. Burke, no
Root,

Sharpe,

ay no
Wolcott,

Johnston, no
New York,

South Carolina,
Mr. Floyd,

Mr. Mathews, ay

Bee, ay ay
New Jersey,

Motte, ay
Mr. Burnet,

Georgia,
Pennsylvania,

Mr. Walton, ay

ay
Mr. Montgomery,ay

Few, ay
Atlee,

ay
Clymer, ay ay
Wynkoop, ay
Smith,

ay
So it was resolved in the affirmative.
Adjourned to 10 o'Clock to Morrow.?
* The letter to Mr. Jay and the proceedings following were entered only in the
manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. They are
printed in the Diplomatic Correspondence of the American Revolution (Wharton)
IV, 257.

? Petitions from John White, George Nagel and Wm. Will, (on behalf of his brother, Philip Will,) were presented on this or an approximate date, each making application for the place of keeper of the State Prison in Philadelphia, in the room of Robert Jewell, deceased. White's is in the Papers of the Continental Congress, No. 42, IV, folio 232; Nagel's is on folio 236; Will's is on folio 252.

McDougall

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FRIDAY, FEBRUARY 16, 1781 The Medical Committee laid before Congress a letter, of January 12, from Doctor J. Browne, acting as surgeon general in the southern army, which was read:

Ordered, That it be referred to the Medical Committee.

Ordered, That Mr. [William] Burnett be added to the Medical Committee.

A petition of Joseph Greenwood was read:
Ordered, That it be referred to the Board of War.
A memorial of Richard Gridley was read: 1
Ordered, That it be referred to the Board of War.
A report from the Board of War was read; Whereupon,

WAR OFFICE Feb! 16th 1781 SIR,

Brigadier General Hand who is appointed Adjutant General is now on his way to Camp, but is prevented from joining the Army by a want of money to enable him to proceed and undertake the duties of his Office. The Board have no power to assist him unless Congress will be pleased to Resolve,

Ordered, That the Board of War draw a warrant on the paymaster general for five hundred three hundred and seventy-five dollars in bills of the new emissions, in favour of Brigadier General Hand, on account of his pay, to enable him to proceed to camp and undertake the duties of his appointment as adjutant general, the resolution of the 4th of January notwithstanding.?

The committee to whom was referred the papers respecting the convention at Hartford, delivered in a report.

The Committee to whom was referred the papers respecting the Convention at Hartford, Report,

That for the dispatch of business a committee of three members of Congress, of whom the president shall always be one, be appointed

Greenwood's petition, dated January 2, 1781, is in the Papers of the Continental Congress, No. 42, III, folio 224; Gridley's memorial dated October 13, 1778, is in No. 41, III, folio 387.

* This report is in the Papers of the Continental Congress, No. 147, VI, folio 161.

to receive all public dispatches addressed to Congress, and that they be authorized to refer them to such of the departments as are proper to consider them, either to report to Congress or tako order-on-thom as the case may require. Except sueh of them as in their opinion domand the immediate-and-moro-particular attention of Congress, which shall Recordingly be laid before Congress, at their first meeting after receipt of the same.

Whereas all persons who hold or have held offices of trust or emolument under Congress are amenable to them, or to such Judicatures as they shall appoint, for all offences and delinquencies committed by them whilst in office; Therefore

Resolved, That three persons be appointed to constitute a Court of Judicature for the tryal and determination of all causes relative to offences committed against the United States in the civil departments thereof;

That an Attorney General for the United States be appointed by Congress, whose duty shall be to prosecute all suits in behalf of the United States. To give his advice on all such matters as shall be referred to him by Congress. And when any case shall arise in any of these states, where his personal attendance is rendered impracticable, he shall be authorized to appoint a Deputy or Deputies to prosecute the said suit.

That the sallary of the Attorney General be annum, in lieu of all Counsel's fees, for his services as aforesaid, but that he be entitled to all other customary Court fees.,

On motion of Mr. (James Mitchell] Varnum, seconded by Mr. [Alexander) McDougall,

Resolved, That no member speak twice upon any question in debate, until every member who chooses, shall have spoken once upon the same.

Congress was resolved into a Committee of the Whole; and, after some time, the President resumed the chair, and Mr. (John] Mathews reported, that the Committee have considered farther the reports on finance, but not having come to a conclusion, desire leave to sit again:

1 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 33, folio 419.

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Ordered, That to Morrow Congress be resolved into a Committee of the Whole, to consider farther the reports on finance.

On motion of the Committee of Commerce,

Resolved, That the Committee of Commerce be, and hereby are authorised to employ a suitable person to arrange the accounts of the said committee.

Adjourned to 10 o'clock to Morrow.

SATURDAY, FEBRUARY 17, 1781

A report from the Board of Treasury was read; Whereupon,

TREASURY OFFICE Feb! 17th 1781 The Board of Treasury beg leave to report,

That upon the application of Philip Audibert Assistant to the Pay Master General approved by the Board of War by their order on John Pierce Pay Master General in favor of Brigadier General Hand for three hundred and seventy five dollars in the new emission (as appears by their order presented by General Hand at the Board) a warrant issue on Thomas Smith Esq. Commissioner of the Continental Loan Office for the State of Pennsylvania in favor of John Pierce Pay Master General for three hundred and seventy five dollars in the bills of credit emitted pursuant to the Act of Congress of the 18th of March last, to enable him to pay the order of the Board of War as aforesaid and for which sum the said Pay Master General is to be accountable.1

Ordered, That a warrant issue on Thomas Smith, commissioner of the continental loan office for the State of Pensylvania, in favour of John Pierce, paymaster general, for three hundred and seventy-five dollars of new emissions, to enable him to pay the order of the Board of War in favour of Brigadier General Hand, the paymaster general to be accountable.

1 This report is in the Papers of the Continental Congress, No. 136, V, folio 117.

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