rized and directed to take paffage in the first veffel which fhall fail 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 fent, provided fuch veffel fhall fail before the 3d day of February next.

Ordered, That the fuperintendant of finance furnish lieutenant colonel David S. Franks, with money to defray his neceffary expences in going and returning.

FRIDAY, JANUARY 16, 1784.

Congress affembled. Prefent as before.

SATURDAY, JANUARY 17, 1734.

Only fix ftates being reprefented; namely, Rhode Ifland, Connecticut, Pennfylvania, Delaware, Maryland and Virginia; and from the ftate of New-Hampshire, Mr. Folter, from Maffachusetts, Mr. Ofgood, from New Jer fey, Mr. Beatty, from North Carolina, Mr. Williamson, and from South Carolina, Mr. Read-the prefident ad journed Congrefs till ten o'clock on Monday.

MONDAY, JANUARY 19, 1784.

Three ftates only attending; namely, Maffachusetts, Pennsylvania and North Carolina; and from the state of Connecticut, Mr. Sherman, from Delaware, Mr. Tilton, from Maryland, Mr. Lloyd, and from Virginia, Mr. Jefferfon-the prefident adjourned Congrefs till ten o'clock

to morrow.

TUESDAY, JANUARY 20, 1784.

.

Only five ftates attending; viz. Rhode-Ifland, Conneeticut, Pennfylvania, Maryland and Virginia; and from the state of New Hampshire, Mr. Fofter, from Maffachu'ferts, Mr. Partridge, from New-Jerfey, Mr. Beatty, from Delaware, Mr. Tilton, from North Carolina, Mr. Spaight, and from South-Carolina, Mr. Beresford-the prefident adjourned Congress to ten o'clock to morrow. WEDNESDAY,

WEDNESDAY, JANUARY 21, 1784. Congress affembled. Prefent Maflachusetts, RhodeLand, Connecticut, Pennsylvania, Maryland, Virginia and North-Carolina; and from the state of New Hamp fhire, Mr. Fofter, from New-Jerfey, Mr. Beatty, from Delaware, Mr. Tilton, and from South Carolina, Mr. Beresford.

The committee confifting of Mr. Ellery, Mr. Hand, Mr. Spaight, Mr. Jefferson and Mr. Lee, to whom was re. ferred a letter of the 6th November, from the legislature of New Hampshire, refpecting the proceedings and fen. tence of the court of appeals in cafes of capture, on the cafe of the ship Lufannah, having delivered in a report, the fame was called for: whereupon,

A motion was made by Mr. Howell, feconded by Mr. Ellery,

That the report be postponed till the fate of NewHamphire, whofe interefts are thereby materially af fected, fhall be reprefented in Congress.

The report being as follows.

Your committee find, that by a refolution of Congress of November 25th, 1775, it was recommended to the legiflatures of the several states, to erect courts for determining the cafes of captures from the enemy on the high feas; and it was declared, that in all cafes, an appeal fhould be allowed to Congress, or fuch perfons as they fhould appoint for the trial of appeals.

That this refolution was complied with by the feveral ftates, fome of them ceding appeals to Congress on a larger, and fome on a more contracted fcale; and New Hamp fhire particularly, by their act of aflembly of 1776, allowing them only in cafes of captures by armed veffels fitted out at the charge of the United States, and referving the appeal in all other cafes to the fupreme court of their own ftate. That the courfe of Congrefs was, to appoint a committee for the trial of every ipecial 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 ftates. That the brigantine M'Clary, a private armed veffel, owned by John Penha.low

Penhallow and others, citizens of New Hampshire, cape tured on the high feas, in the month of November 1777, the brigantine Lusannah, the fubject of the prefent queftion, carried her into Pifcataqua, in the ftate of NewHampshire, and libelled her before the maritime court or the laid ftate, whereon the said veflel and cargo were by the faid court condemned.

That the claimants Elifna Doane and others, prayed an appeal to Congrefs, which being refufed, they appeal, ed to the fuperior court of New Hampshire, where the fentence being confirmed they again prayed an appeal to Congress, which was refufed, and the fentence carried into effect, by a fale and giftribution of the veffel and

cargo.

That on the 9th day of October 1778, the said Elisha Dane, petitioned Congrefs for a revifion of the faid fentence. which petition being referred to the committee of appeals, they, in May 1779, fummoned the libellants to appear before them in defence of their right,

That on the 22d of the fame month, Congress refolved, that certain refolutions of theirs, of March 6th, 1779 relative to their controul over all jurisdictions in cafes of capture on the high feas, fhould be tranfmitted to the feveral states, and they be respectively requested to take effectual meafores for conforming therewith. That they were accordingly tranfmitted to the fate of New Hamp fire, the legislature whereof, by their act of November 1779, extended the licence of appeal to Congrefs, to every cafe wherein any fubject of any foreign nation in amity with the United States, fhould be interested in the difpute, and allowed it no further. That in May 1780, a court of appeals was established by Congrefs, with jurisdiction over all matters refpecting appeals in cafes of capture, then depending before Congrefs, or the commillioners of appeals confifting of members of Congress. That all thefe tranfactions 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 confider the cafe of the faid Elfha Doane, and others against the brigantine Lulannab, John Penhallow, libellant, and to reverfe the

faid

faid fentence paffed by the inferior and fuperior courts of New Hampshire; whereupon your committee have coure to the following refolution.

Refolved, That the said capture having been made by citizens of New-Hampshire, carried in and fubmitted to the jurifdiction of that ftate, before the completion of the confederation, while appeals to Congrefs in fuch cafes were abfolutely refufed by their legislature, neither Congress nor any perfons deriving authority from them, had jurifdiction in the faid cafe.

On the question for poftponing as above, the yeas and pays being required by Mr. Fofter.

After farther debate on the report, an adjournment was called for and agreed to.

THURSDAY, JANUARY 22, 1784.

Congrefs affembled. Prefent as yesterday.

The committee confifting of Mr. Tilton, Mr. Lee and

Mr.

Mr. Howell to whom was referred a petition of captain Pafchke, report,

"That it appears, that captain Paschke, ferved as an officer in count. Pulafki's legion, from the 14th March 1777, until the reduction of that corps, the 18th May 1780-that on the 16th May 1780, Congrefs refolved, ❝ that the fum of three thousand dollars currency of thefe ftates, and a bill of exchange for two hundred and fifty dollars fpecie, be paid to captain Pafchke, late of count Pulafki's legion, (which being diffolved, Congrefs have no means of employing captain Pafchke, though a deferving officer) to enable him to return to Europe."-That not chufing to cross the Atlantic during the war, he held ap pointments in the quartermasters department, in the fou thern army, until its diffolution the 13th July 1783: And that he has produced ample teftimonials of his bravery, integrity, capacity and induftry in the fervice 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 refigned his commiflion, it is inexpedient to make the promotion requested by captain Pufchke.

Refolved, That Congress agree to the faid report.

The committee confifting of Mr. Williamfon, Mr. Of good and Mr. Ellery, to whom was referred a letter of the 19th October 1783, from major general Du Portail, requesting fome immediate payment for himself and other officers belonging to the late corps of engineers; alfo a letter from brigadier general Armand of the 15th inftant, as well in behalf of himself and other officers belonging to the legionary corps late under his command, as of the faid corps of engineers, report,

That the foreign officers lately in the fervice of the United States, who were not attached to the line of any particular ftate, complain of great and fingular hardhips under which they have labored during the late war. The pay which they received for a confiderable time in depreciated money, was very unequal to their a&ual expences, nor could they be profited by the recommendations of Congress on the fubject of depreciation, which afforded immediate relief to the rest of the army, because there

was