ple of justice and sound policy, and that joint right expressed in the articles in as clear and precise terms, as that the bills of credit emitted, money borrowed, and debts contracted, by or under the authority of congress, shall be deemed and considered as a charge against the United States.' But this joint right, your committee apprehend, may hereafter be said to be resigned to each state wherein such lands lie, by certain parts of, and expressions in, the ninth article disapproved of by your committee; to wit: by the words 'provided also that no state shall be deprived of territory for the benefit of the United States,' at the latter end of the second section; and those words in the fourth section, which prescribes the powers of congress; viz. 'regulating the trade, and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated.'

"From the vague and extravagant descriptions of some of the states, in the first grants or charters for government, their claims for western limits have been to the southern ocean, including countries partially possessed by the kings of France and Spain. The provisional expressions in the article above mentioned, your committee apprehend, may and will be insisted to mean an admission of

the extent of their respective limits, westward to the said sea, and all the ungranted lands within those limits, state territory, and solely in the disposition of the states claiming those limits, though, heretofore, considered as belonging to the crown of Great Britain, and occasionally granted under that authority, with reservation of rents to a great amount. Such admission, your committee apprehend ought not to be; for that it will appropriate that to individual states, which hath been, or may be, acquired by the arms of the states general, and will furnish such individual state with a fund of wealth and strength, which may prompt them to subdue their weaker neighbours, and eventually destroy the fabric we are now raising. To prevent which consequences, your committee are of opinion that not only the joint right in the ungranted land should be expressed as before mentioned, but that a moderate extent of limits beyond the present settlements in each of those states, should be provided for in the said articles.

Your committee also object to, and disapprove of, the whole of the second section of the ninth article aforesaid, as destroying and taking away that legal jurisdiction of the courts of law established within this state for determining controversies con

VOL. IV.-L

cerning private rights in lands within the same without fixing with precision another jurisdiction for the purpose."

Mr. Read also prepared the act of assembly which empowered the delegates of Delaware to ratify the articles of confederation.

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On the eighteenth of August, 1779, he was compelled, from ill-health, to resign his seat in the legislature: in his address to the freeholders of Newcastle county, he observes that "he had served them in their general assembly for the twelve preceding years, without any solicitation on his part that "he was in earnest in declining, and did not wish to be courted to continue in their service, having no sinister ends or views to answer by this step, which had been suspected to have been the case of some who had given notices of the like kind heretofore." In 1780, however, he again devoted his services to the state in the legislature of Delaware.

On the fifth of December, 1782, Mr. Read was appointed one of the judges of the court of appeals in admiralty cases. This appointment was announced to him in the most flattering manner, by Mr. Boudinot, then president of congress, and afterwards the venerable president of the Bible society:

1

SIR,

Philadelphia, December 6, 1782.

It gives me very particular satisfaction to have the honour of presenting you the commission of the United States in congress assembled, whereby you are constituted one of the judges of the court of appeals in all cases of capture on the water.

Your established character as a gentleman, lawyer, and man of integrity, leave me no room to doubt but this appointment will do honour to congress, produce the happiest consequences to the good citizens of these states, and, I hope, real satisfaction to yourself, from the consciousness of serving your country with fidelity.

I have the honour to be, with every sentiment of esteem and respect,

Sir, your obedient,

Hon. George Read.

And very humble servant,

ELIAS BOUDINOT.

His acceptance of this appointment was conveyed to Mr. Boudinot, in the following letter:

SIR,

Newcastle, December 10th, 1782.

I had the honour to receive your excellency's letter of the sixth instant, enclosing under its co

ver a commission to me from the United States of America in congress assembled, for a judge's place in their court of appeals.

This unlooked for mark of confidence from that honourable body, impresses me with the strongest sense of gratitude, and I can only say that under this impression, I accept of this appointment with the fullest intention to discharge the duties thereof to the best of my poor abilities, and I hope with an integrity that may become the station. I am persuaded that in doing so, I shall make the best return in my power, for the honour conferred, and the trust reposed in me by the great council of America.

I beg leave to return your excellency my particular thanks for the very flattering and polite manner in which you have been pleased to communicate to me this appointment.

I have the honour to be, with great respect,

Your excellency's most obedient

And very humble servant,

His Excellency, Elias Boudinot,

GEORGE READ.

President of Congress.

This office was filled by Mr. Read until the abo

lition of the court.