University of Virginia Library

DEBATES
IN THE
CONGRESS OF THE CONFEDERATION,
FROM NOVEMBER 4TH, 1782, TO FEBRUARY I3TH, 1783.

IN CONGRESS, NOVEMBER 4TH. 1782, MONDAY.

Elias Boudinot was chosen President by the votes of N. Hampshire
represented by John Taylor Gilman and Phillips White—
Rhode Island by Jonathan Arnold and David Howell—Connecticut
by Benjamin Huntington & Eliphalet Dyer—N. Jersey by
Elias Boudinot & John Witherspoon—Pennsylvania by Thomas
Smith George Clymer, and Henry Wynkoop—Delaware by
Thomas McKean & Samuel Wharton—Maryland by John Hanson,
Daniel Carroll & William Hemsley. The votes of Virga. represented
by James Madison & Theodorick Bland & of S.
Carolina represented by John Rutledge Ralph Izard, David
Ramsay, & John Lewis Gervais, were given to Mr, Bland—The
vote of N. York represented by James Duane and Ezra L'Hommedieu
to Abner Nash. The vote of N. C. by Abner Nash,
Hugh Williamson & William Blount to John Rutledge. Massachusts.
having no Delegate but Samuel Osgood had no vote.
Georgia had no Delegate.

A Letter dated Ocr. 30—1782 from Gel. Washington, was
read, informing Congress of his putting the army into Winter
Quarters, & of the sailing of 14 ships of the line from N. York,
supposed to be for the W. Indies & without Troops.

do. July 8 from Mr. Carmichael at St. Ildefonso informing Congress
of the good effect in Europe of the rejection of the proposal
of Carleton, by Congress & the States; that the King of Spain
speaking of the news at table praised greatly the probity of the

Americans, raising his voice in such a manner that all the foreign
Ministers might hear him. Mr. Carmichael adds that He had
discovered that the Imperial & Russian Ministers by directions
from their Courts had renewed their offered mediation to His M.
C. M. and that he suspected England was at the bottom of it.—
Quere.

do. Nants Sepr. 5. from Mr. Laurens, notifying his intention to
return to America; that being so advised by his friends he had
applied to the Ct. of London for a passport via Falmouth; that
Cornwallis had interested himself therein & that the passport
had been promised.[1]

TUESDAY NOVR. 5.

A Resolution passed authorizing Genl. Washington to obtain
the exchange of 2 foreign officers notwithstanding the Resoln. of
the 16 of Ocr. declaring that Congress will go into no partial

exchanges until a general cartel be settled on national principles.
This measure passed without due consideration by the votes of
N. H., R. I., Cont: Del: Maryland N. C. & S. C. On the motion
of Mr. Osgood it was reconsidered in order to refer the case to the
Secy. of War & Genl. Washington to take order. By Mr. Madison
opposition was made agst. any partial exchange in the face of the
solemn declaration passed on the 16 Ocr.,[2] as highly dishonorable
to Congress, especially as that declaration was made in order to
compel the enemy to a national convention with the U. S. All
exchanges had been previously made on the part of the former by
the Military authority of their Generals. After the letter of
Genl. Carleton & Admiral Digby notifying the purpose of the
British King to acknowledge our Independence, it was thought
expedient by Congress to assume a higher tone. It was supposed
also at the time of changing this mode that it would be a test of
the enemy's sincerity with regard to Independence. As the trial
had been made & the British Com̃ander either from a want of
power or of will had declined treating of a cartel on national
ground, it would be peculiarly preposterous & pusilanimous in
Congress to return to the former mode. An adjournment suspended
the vote on the question for referring the case to the
Sey. & General to take order.

WEDNESDAY, NOVR. 6TH.

No Congress.

THURSDAY, NOVR. 7.

On the reconsideration of the Resol: for exchanging the two
for: officers Its repeal was unanimously agreed to.

A motion was made by Mr. Osgood to assign an early day for
filling up the vacancy in the Court of Appeals. It was opposed
on the principle of economy, and the expedient suggested by Mr.
Duane, of empowering a single Judge to make a Court until the
public finances would better bear the expense. In favor of the motion
it was argued 1. that the proceedings of the Court were too

important to be confided to a single Judge. 2. that the decisions
of a single judge would be less satisfactory in cases where a local
connection of the judge subsisted with either of the parties. 3.
that a single judge would be more apt by erroneous decisions to
embroil the U. S. in disputes with foreign powers. 4. that if
there were more than one Judge, & one formed a court, there
might at the same time be two interfering jurisdictions, and that
if any remedy could be applied to this difficulty, the course of decisions
would unavoidably be less uniform, & the provision of the
confederation for a court of universal appellant Jurisdiction so far
contravened. 5. as there was little reason to expect that the public
finances wd. during the war be more equal to the public burdens
than at present, and as the cases within the cognizance of
this court would cease with the war, the qualification annexed to
the expedient ought to have no effect. The motion was disagreed
to & a committee which had been appointed to prepare a new ordinance
for constituting the Court of Appeals, was filled up & instructed
to make report.—on the above motion an opinion was
maintained by Mr. Rutledge that as the court was according to
the ordinance in force to consist of three Judges any two of whom
to make a court, unless three were in actual appointment the decisions
of two were illegal.

Congress went into the consideration of the report of the
Com̃ittee on the case of Capt. Asgill the British officer allotted to
suffer retaliation for the murder of Capt. Huddy. The report
proposed

"That considering the letter of the 29th. of July last from the
Count de Vergennes to Genl. Washington interceding for Capt.
Asgill, the Commander-in-Chief be directed to set him at
liberty."

Previous to the receipt of this letter from the Count de Vergennes
Congress had been much divided as to the propriety of
executing the retaliation, after the professions on the part of the
British commanders, of a desire to carry on the war on humane
principles, and the promises of Sr G. Carleton to pursue as effectually
as possible the real authors of the murder; some supposing
that these circumstances had so far changed the ground that Congress
ought to recede from their denunciations, others supposing

that as the condition of the menace had not been complied with,
and the promises were manifestly evasive, a perseverance on
the part of Congress was essential to their honor & that moreover
it would probably compel the enemy to give up the notorious
author of the confessed murder. After the receipt of the letter
from the Count de Vergennes, Congress were unanimous for a relaxation.
Two questions however arose on the report of the committee.
The 1st. was on what considerations the discharge of
Cap. Asgill ought to be grounded. On this question a diversity
of opinions existed. Some concurred with the committee in
resting the measure entirely on the intercession of the French
Court: alledging that this was the only plea that could apologize
to the world for such a departure from the solemn declaration
made both by Congress and the Commander in Chief. Others
were of opinion that this plea if publicly recited would mark an
obsequiousness to the French Court and an impeachment of the
humanity of Congress, which greatly outweighed the circumstance
urged in its favor; and that the disavowal of the outrage, by
the British Genl. and a solemn promise to pursue the guilty authors
of it, afforded the most honorable ground on which Congress
might make their retreat; others again contended for an
enumeration of all the reasons which led to the measure; lastly
others were against a recital of any reasons & for leaving the
justification of the measure to such reasons as would occur of
themselves. This last opinion after considerable discussions prevailed,
and the Resol. left as it stands on the Journals. The
2d question was whether this release of Cap: Asgill should be followed
by a demand on Gel. Carleton to fulfil his engagement to
pursue with all possible effect the authors of the Murder.

On one side it was urged that such a demand would be nugatory
after the only sanction which could enforce it had been relinquished;
that it would not be consistent with the letter of the
Count de Vergennes which solicited complete oblivion, and that
it would manifest to the public a degree of confidence in British
faith which was not felt and ought not to be affected.

On the opposite side it was said that after the confession &
promise of justice by Gel. Carleton, the least that could be done
by Gel. Washington would be to claim a fulfilment; that the

intercession of the Ct. de Vergennes extended no farther than to
prevent the execution of Capt: Asgill, and the substitution of any
other innocent victim; and by no means was meant to shelter the
guilty; that whatever blame might fall on Congress for seeming
to confide in the promises of the enemy, they would be more
blamed if they not only dismissed the purpose of retaliating on
the innocent, but at the same time omitted to challenge a promised
vengeance, on the guilty, that if the challenge was not followed
by a compliance on the part of the enemy, it would at least
promulge and perpetuate, in justification of the past measures of
Congress, the confessions & promises of the enemy on which the
challenge was grounded; & would give weight to the charges
both of barbarity and perfidy which had been so often brought
agst. them.

In the vote on this question, 6 States were in favor of the demand
& the others either divided or against it.

FRIDAY, NOVR. 8.

The preceding question having been taken again, on a further
discussion of the subject. There were in favor of the demand,
N. H., R. I., N. Y. Pa. Del. Maryd.. Virga. & of the other States
some were divided.

A motion was made by Mr. Rutledge of S. C. "That the
Comder in chief & of the S. Department be respectively directed
whenever the Enemy shall commit any act of cruelty or violence
contrary to the laws & usage of war on the Citizens of these
States to demand adequate satisfaction for the same, and in case
such satisfaction shall not be immediately given, but refused or
evaded under any pretext whatsoever, to cause suitable retaliation
to be forthwith made on British officers without waiting for
directions from Congress on the subject."

When this motion was first made it was espoused by many;
with great warmth in particular by the Delegates of N. C & S. C.,
as necessary to prevent the delays & uncertainties incident to a
resort by the Military Commanders to Congress, and to convince

the enemy that notwithstanding the dismission of Capt: Asgill
the general purpose of retaliation was firmly retained.[3]

Against the motion it was objected 1. that the time & place in
which it stood would certainly convey an indirect reprehension of
Genl Washington for bringing before Congress the case of Capt:
Asgill & Huddy: 2. that it manifested a distrust in Congress which
however well founded it might be with respect to retaliation
ought not to be proclaimed by themselves. 3. that political &
national considerations might render the interference of the
Supreme authority expedient, of wch the letter from the Ct. de
Vergennes in the late case furnished an instance; that the resort of
the Military Commanders to the Sover̃ign for direction in great
and difficult cases, such as those of retaliation would often prove,
was a right of which they ought not to be deprived; but in the
exercise of which they ought rather to be countenanced. These
objections reduced the patrons of the motion to the Delegates of
N. C. & S. C. alone or nearly so. In place of it the declaratory
motion on the Journals was substituted. This again was objected
to as implying that in the cases of retaliation taken up by the
Mily. commanders, they had proceeded on doubtful authority. To
remove this objection, the amendment was proposed, limiting the
preamble to the single act of discharging Capt: Asgill. This
however was not entirely satisfactory because that particular act
could have no constructive influence on the Reputed authority of
the Generals. It was acceded to by the votes of several who were
apprehensive that in case of rejecting it, the earnestness of some
might obtrude a substitute less harmless, or that the Resolution
might pass without the preamble, & be more offensive to the Commander
in Chief. The first apprehension was the prevailing motive
with many to agree to the proposition on the final question.

This day a letter was recd. from Gel Washington, inclosing one
of the 25 of Ocr. from Sr. G. Carleton relative to the demand made
on him for a liquidation of accts and payment of the balance due
for the maintenance of Prisoners of war, in which the latter used
an asperity of language so much the reverse of his preceding
correspondence that many regard it as portending a revival of the
war against the U S.

SATURDAY & MONDAY.

No Congress.

TUESDAY 12 NOVR.

The reappointment of Mr. Jefferson as Minister Plenipo: for
negotiating peace was agreed to unanimously and without a single
adverse remark.[4] The act took place in consequence of its being

suggested that the death of Mrs. J. had probably changed the
sentiments of Mr. J. with regard to public life, & that all the
reasons which led to his original appointment still existed and
indeed, had acquired additional force from the improbability that
Mr. Laurens would actually assist in the negotiation.

"A motion was made by Mr. Rutledge declaring that when a
matter was referred to any of the departments to take order, it was
the sense & meaning of Congress that the same should be carried
into execution." On this motion some argued that such reference
amounted to an absolute injunction, others insisted that it gave
authority, but did not absolutely exclude discretion in the Executive
Departments. The explanation that was finally acquiesced
in as most rational & conformable to practice was that it not only
gave authority, but expressed the sense of Congress that the
measure ought to be executed: leaving it so far however in the
discretion of the Executive Department, as that in case it differed
in opinion from Congress it might suspend execution & state the
objections to Congress that their final direction might be given.
In the course of debate it was observed by Mr. Madison that the
practice of referring matters to take order, especially where money
was to be issued, was extremely exceptionable inasmuch as no
entry of such proceedings was made on the Journals, but only
noted in a memorandum book kept by the Secretary, and then
sent to the Department with the reference to take order indorsed
by the Secy. but not signed by him. So that the transaction even
where public in its nature, never came before the public eye, & the
Dept was left with a precarious voucher for its justification. The
motion was in the end withdrawn, the mover alledging that as he
only aimed at rendering an uncertain point clear, & this had heen
brought about by a satisfactory explanation, he did not wish for
any Resolution on the subject.

WEDNESDAY 13 NOVR.

No Congress.

THURSDAY 14 NOVR.

The proceedings were confined to the Report of the Committee
on the case of Vermont entered on the Journals. As it was
notorious that Vermont had uniformly disregarded the Recommendation
of Congress, of 1779, the Report which ascribed the
evils prevalent in that district to a late act of N. Y. which violated
that recommendation was generally admitted to be unjust &
unfair. Mr. Howel was the only member who openly supported
it. The Delegates from N. Y. denied the fact that any violation
had been committed on the part of that State. The temper of
Congress on this occasion as the yeas & nays shew, was less
favorable to Vermont than on any preceding one,—the effect
probably of the territorial Cession of N. York to the U. S. In
the course of the debate Mr. Howel cited the case of Kentucky
as somewhat parallel to that of Vermont, said that the late creation
of a separate Court by Virga for the former resembled the
issuing of Commissions by N. Y. to the latter that the jurisdiction
would probably be equally resisted & the same violences
would follow as in Vermont. He was called to order by Mr.
Madison. The President & the plurality of Congress supported
and enforced the call.

No Congress till
Nov.r Monday 18
Tuesday 19 }

The Journals sufficiently explain the proceedings
of those days.[5]

WEDNESDAY NOVR. 20TH.

Congress went into consideration of the Report of A Committee
consisting of Mr. Carrol, Mr. McKean & Mr. Howel on two
Memorials from the Legislature of Pennsylvania. The Memorials
imported a disposition to provide for the Creditors of the U. S.
within the State of Pena. out of the Revenues allotted for Congress,
unless such provision could be made by Congress. The
Report as an answer to the Memorials acknowledged the merit of
the public Creditors, professed the wishes of Congress to do them
justice; referring at the same time to their recommendation of
the Impost of 5 Per Ct., which had not been acceded to by all
the States; to the requisition of 1,200,000 Drs., for the payment of
one year's interest on the public debt, and to their acceptance
of the territorial cession made by N. Y. After some general conversation
in which the necessity of the Impost as the only fund
on which loans could be expected & the necessity of loans to
supply the enormous deficiency of taxes, were urged, as also the
fatal tendency of the plan intimated in the Memorials, as well to
the Union itself, as to the system actually adopted by Congress,
the Report was committed.[6]

A motion was made by Mr. Rutledge, 2ded by Mr. Williamson,
to instruct the committee to Report the best mode of liquidating
the domestic debts, and of obtaining a valuation of the land

within the several States, as the Article of Confederation directs—
The first part of the instruction was negatived, provision having
been previously made on that head. In place of it the Superintendt
of Finance was instructed to report the causes which
impede that provision. The 2d part was withdrawn by the mover.
A committee however was afterwards appointed, consisting of
Mr. Rutledge, Mr. Nash Mr. Duane Mr. Osgood & Mr. Madison,
to report the best scheme for a valuation.

THURSDAY, NOVR 21.

A report was made by a Committee to whom had been referred
several previous reports & propositions relative to the salaries of
foreign Ministers, delivering it as the opinion of the Committee
that the Salaries allowed to Ministers Plenipoty. to wit £2500
Sterlg. would not admit of reduction; but that the saly allowed
to Secretaries of legations, to wit £1000. Sterlg, ought to be reduced
to £500. This Committee consisted of Mr. Duane, Mr.
Izard & Mr. Madison the last of whom disagreed to the opinion
of his colleagues as to the reduction of the £2500 allowed to
Mrs. Plenipoy.

Agst. a reduction it was argued that not only justice, but the dignity
of the U. S. required a liberal allowance to foreign servants;
that gentlemen who had experienced the expence of living in
Europe did not think that a less sum would be sufficient for a
Decent style; and that in the instance of Mr. A. Lee, the expences
claimed by him & allowed by Congress exceeded the fixed
salary in question.

In favor of a reduction were urged the poverty of the U. S.,
the simplicity of Republican Governments, the inconsistency of
splendid allowances to Ministers whose chief duty lay in displaying
the wants of their Constituents and soliciting a supply of
them; and, above all, the policy of reconciling the army to the
economical arrangements inposed on them, by extending the
reform to every other Department.

The result of this discussion was a reference of the Report to
another Committee, consisting of Mr. Williamson, Mr. Osgood &
Mr. Carrol.

A motion was made by Mr. Howel, 2ded. by Mr. Arnold, recommending
to the several States to settle with & satisfy at the
charge of the U. S. all such temporary corps as had been raised
by them respectively with the approbation of Congress. The
repugnance which appeared in Congress to go into so extensive
& important a measure at this time, led the mover to withdraw it.

A motion was made by Mr. Madison seconded by Mr. Jones,
"That the Secy of F. Affairs be authorized to communicate to
Forn. Ministers who may reside near Congress, all such articles of
Intelligence recd. by Congress as he shall judge fit & that he have
like authority with respect to acts & Resolutions passed by Congress;
reporting nevertheless the communications which, in all
such cases he shall have made."

It was objected by some that such a Resolution was unnecessary,
the Secy. being already possessed of the authority; it was
contended by others that he ought previously to such communication,
to report his intention to do so; others again were of opinion
that it was unnecessary to report at all.

The motion was suggested by casual information from the
Secy, that he had not com̃unicated to the French Minister the reappointment
of Mr. Jefferson, no act of Congress having empowered
or instructed him to do so.

The motion was committed to Mr. Williamson Mr. Madison
& Mr. Peters.

FRIDAY, NOVR 22.

A considerable time previous to this date a letter had been
recd by Congress from Mr. H. Laurens, informing them of his
discharge from captivity, and of his having authorized in the
British Ministry an expectation that Earl Cornwallis sd in his
turn be absolved from his parole. Shortly after a letter from
Docr. Franklin informed Congress that at the pressing instance of
Mr. L., and in consideration of the offer of Genl Burgoyne for
Mr. L. by Congress, as well as the apparent reasonableness of the
thing, he had executed an instrument setting Cornwallis at liberty
from his parole, until the pleasure of Congress should be
known. These papers had been committed to Mr Rutledge Mr

Mongomery & Mr Madison, who reported in favor of the ratification
of the measure, against the opinion however of Mr. R. the
first member of the Committee. The Report after some discussion
had been recommitted & had lain in their hands, until being
called for, it was thought proper by the Committee to obtain the
sense of Congress on the main question whether the act sd be
ratified or annulled; in order that a report might be made correspondent
thereto. With this view a motion was this day made by
Mr. M., 2ded by Mr. Osgood that the Committee be instructed to
report a proper act for the ratification of the measure. In support
of this motion it was alledged, that whenever a public
minister entered into engagements without authority from his Sovereign,
the alternative which presented itself was either to recall the
minister, or to support his proceedings, or perhaps both; that
Congress had by their Resolution of the [seventeenth] day of
[September] refused to accept the resignation of Mr. L. and had
insisted on his executing the office of a Minister Plenipo: and
that on the [twentieth] day of [September] they had rejected a
motion for suspending the said Resolution; that they had no option
therefore but to fulfil the engagement entered into on the
part of that Minister; that it would be in the highest degree preposterous
to retain him in so dignified and confidential a service,
and at the same time stigmatize him by a disavowal of his conduct
and thereby disqualify him for a proper execution of the service;
that it was improper to send him into negotiations with the Enemy
under an impression of supposed obligations; that this reasoning
was in a great degree applicable to the part which Docr. Franklin
had taken in the measure; that finally the Marquis de la Fayette,
who in consequence of the liberation of Cornwallis, had undertaken
an exchange of several officers of his family, would also
participate in the mortification; that it was overrating far the importance
of Cornwallis, to sacrifice all these considerations to the
policy or gratification of prolonging his captivity.

On the opposite side it was said, that the British Govt having
treated Mr. L. as a Traitor not as a Prisoner of war, having refused
to exchange him for Genl Burgoyne, and having declared by the
British Genl at N. York that he had been freely discharged, neither
Mr. L. nor Congress would be bound either in honor or justice to

render an equivalent; and that policy absolutely required that so
barbarous an instrumt of war, and so odious an object to the people
of the U. S. should be kept as long as possible in the chains
of captivity; that as the latest advices rendered it probable that
Mr. L. was on his return to America, the commission for peace
would not be affected by any mark of disapprobation which might
fall on his conduct; that no injury could accrue to Docr. Franklin,
because he had guarded his act by an express reservation for the
confirmation or disallowance of Congress; that the case was the
same with the Marquis de la Fayette; that the declaration agst
partial exchanges until a Cartel on national principles sd be established
wd not admit even an exchange antecedt thereto.

These considerations were no doubt with some the sole motives
for their respective votes. There were others however who at
least blended with them, on one side, a personal attachment to
Mr. L., and on the other, a dislike to his character, and a jealousy
excited by his supposed predilection for G. B. by his intimacy
with some of the new Ministry, by his frequent passing to & from
G. B. by the eulogiums pronounced on him by Mr Burke in the
House of Commons, and by his memorial whilst in the Tower, to
the Parliamt. The last consideration was the chief ground on
which the motion had been made for suspending the Resolution
which requested his continuance in the Commission for peace.

In this stage of the business a motion was made by Mr. Duane
2ded. by Mr. Rutledge to postpone the consideration of it; which
being lost, a motion was made by Mr. Williamson to substitute a
Resolution declaring, that as the B. Govt had treated Mr. L. with
so unwarrantable a rigor & even as a Traitor, and Cornwallis had
rendered himself so execrable by his barbarities, Congress could
not ratify his exchange—An adjournment was called for in order
to prevent a vote with so thin & divided a house.

No Congress till

MONDAY, NOVR 25.

A letter from the Lt Govr. of R. I. was read containing evidence
that some of the leaders in Vermt, and particularly Luke Nolton

who had been deputed in the year 1780 to Congress as agent for
that party opposed to its independence but who had since changed
sides had been intriguing with the enemy in N. Y. The letter was
committed. See Nor 27.

The consideration of the motion for ratifying the discharge of
Cornwallis was resumed. Mr. Williamson renewed his motion
which failed. Mr. McKean suggested the expedient of ratifying
the discharge, on condition that a General cartel should he
acceded to. This was relished at first by several members, but
a development of its inefficacy and inconsistency with national
dignity stifled it.

A motion was made by Mr. Rutledge, 2ded by Mr. Ramsay, that
the discharge should be ratified in case Mr. L. should undertake
the office of commissioner for peace. This proposition was generally
considered as of a very extraordinary nature, and after a
brief discussion withdrawn.

In the course of these several propositions most of the arguments
stated on friday last were repeated. Col: Hamilton who
warmly & urgently espoused the ratification, as an additional
argument mentioned, that some intimations had been given by
Colonel L. of the army with the privity of Genl W., to Cornwallis
previous to his capitulation, that he might be exchanged for his
father, then in the Tower.

The Rept of the Committee on Mr. Ms motion on the 21 inst:
relative to the Secy of F. Affairs, passed without opposition.

TUESDAY, NOVR 26.

No Congress but a Grand Committee composed of a member
from each State.

The States of N. H. & Massts having redeemed more than their
quota of the Emissions prior to the 18th of March 1780, had called
on Congress to be credited for the surplus, on which the Superintendt.
of Finance reported that they ought to be credited at the
rate of 1 Dollar specie for 40 of the sd Emission, according to the
Act of March aforesaid.[7] This report being judged by Congress

unjust as the money had been called in by those States at a greater
depreciation, was disagreed to. Whereupon a motion was made by
Mr. Osgood, that the States who had redeemed a surplus should
be credited for the same according to its current value at the time
of redemption.

This motion with a letter afterwards recd from the State of
Mass: on the same subject, was referred to the Grand Committee
in question.

The Committee were unanimous that justice required an allowance
to the States who sd sink a surplus, to be apportioned on
the different States. The different expedients were

1. That Congress sd renew their call on the States to execute
the Acts of the 18th of M., 1780 and leave it to the States to level
the money by negotiations among themselves. This was Mr.
Hamilton's idea. The objections against it were that either nothing
wd be done in the case or the deficient States wd be at the
mercy of the hoarding States; altho the former were perhaps
prevented from doing their part by invasions; & the prosperity
of the latter enabled them to absorb an undue proportion.

By Mr. Madison it was proposed that Congress should declare
that whenever it sd appear that the whole of the bills emitted
prior to the 18th of M., 1780 shall have been collected into the
treasuries of the several States, Congress wd proceed to give such
credit for any surplus above the quotas assigned as equity might
require, and debit the deficient States accordingly. In favor of
this expedient it was supposed that it would give a general encouragement
to the States to draw the money outstanding among
individuals into the public treasuries, and render a future equitable
arrangemt by Congress easy. The objections were that it gave
no satisfaction immediately to the complaining States, & would

prolong the internal embarrassments which have hindered the
States from a due compliance with the requisitions of Congress.

It was lastly proposed by Mr. Fitzsimmons that the Commissioners
appointed to traverse the U. S., for the purpose of settling
accounts should be empowered to take up all the outstanding old
money and issue certificates in place of it, in specie value according
to a rule to be given them by Congress the amount of the
certificates to be apportioned on the States as part of the public
debt, the same rule to determine the credit for redemptions by
the States. This proposition was on the whole generally thought
by the Committee least objectionable and was referred to a subcommittee
composed of Mr. Rutledge, Mr. Fitzsimmons & Mr
Hamilton to be matured & laid before the G. Come. One consideration
suggested by Mr. Hamilton in its favor was that it
would multiply the advocates for federal funds for discharging
the public debts, and tend to cement the Union.[8]

WEDNESDAY, NOVR 27th.

The report of the Committee on the letter from the Lt Govr of
R. Island (see Novr 25) was made & taken into consideration.

It was moved by Mr. McKean to insert in the first clause on
the Journal, after directing the apprehension by Genl W., "in
order that the sd. persons may be brought to trial." The reason
urged for the motion was that it might appear that the interposition
was not meant to supersede civil process further than the necessity
of the case required. Agst the motion it was urged, that
it would lead to discussions extremely perplexing & dilatory &
that it would be more proper after the apprehension sd have
taken place.—The motion was lost, 6 States only being for it.

With respect to the main question it was agreed on all sides
that it was indispensable to the safety of the U. S. that a traitorous
intercourse between the inhabitants of Vermont & the Enemy
should be suppressed. There were however two modes proposed
for the purpose, viz: the direct & immediate interposition of the
military force according to the Report, and, 2dly A reference in
the first instance to the acting Authority in Vermont, to be followed
in case of refusal or neglect of Justice on the offenders, by
an exertion of compulsive measures against the whole body.

In favor of the 1st. mode it was sd., that it would be the only effectual
one & the only one consistent with the part Congress had observed
with regard to Vermont; since a reference to the Authority
of Vermont, which had itself been suspected & accused would
certainly be followed at the best by a mere mock trial; and
would moreover be a stronger recognition of its independence
than Congress had made or meant to make.

In favor of the 2d. mode it was alledged, that the body of the
people in Vermont were well attached to the Revolution, that
a sudden march of military force into the Country might alarm
them, that if their Rulers abetted the Traitors, it wd disgrace them
in the eyes of their own people, and that Congress would be justified
in that event to "split Vermont up among the other States."
This expression, as well as the arguments on this side in general
came from Mr. Howell, of R. I., whose object was to render
the proceedings of Congress as favorable as possible to the independence
of Vermont.

In order to compromise the matter Mr. Arnold moved that the
Comander in Chief sd. be directed to make a previous communication
of his intentions & the evidence on which they were founded

to the persons exercising authority within the district in
question.

It was suggested by Mr. Madison, as a better expedient that
he sd. be authorized to make the communication if he should deem
it conducive to the more certain apprehension of the suspected
persons.

The Delegates from N. Y. said they would agree that after the
apprehension should have been effected, the Commander might
give notice thereof to the Persons exercising authority in Vermont.

It was finally compromised as it stands on the Journal.

In the course of the Debate Mr. Clark informed Congress, that
the Delegates of N. Jersey could not vote for any act which
might oppose force to the Authority of Vermont, the Legislature
of that State having so construed the Resolutions of the 7 & 20th.
of Aug: as to be incompatible therewith & accordingly instructed
their Delegates.

The communication directed to the States on this occasion
thro' the Commander in Chief was objected to by several members
as an improper innovation. The object of it was to prevent
the risk of discovery, if sent before the plans which might
be taken by Gen1 W were sufficiently advanced, of which he was
the proper Judge.

THURSDAY NOVR 28TH.

No Congress.

Mr. Livingston, Secy. of F. Affairs called upon me & mentioned
his intention to resign in a short time his office; observing
that as he ultimately was decided to prefer his place of Chancellor
in N. York to the other, and the two had become incompatible
by the increase of Business in the former, he thought it
expedient not to return to Phila, after a visit to N. Y. which was
required by this increase. In the course of conversation he took
notice that the expence of his appoint under Congress had exceeded
his salary about 3000 Dollrs per Annum. He asked me

whether it was probable Mr. Jefferson would accept the vacancy,
or whether he would accept Mr. Jay's place in Spain, and leave
the vacancy to the latter. I told him I thought Mr. J. wd not
accept it himself & doubted whether he would concur in the latter
arrangement, as well as whether Congress would be willing to
part with Mr. Jay's services in the Negotiations of peace; but
promised to sound Mr. J. on these points by the first opportunity.[9]

No Congress untill

MONDAY, DECR 2D.

The Secy of foreign Affairs resigned his office, assigning as a
reason the increase of business in his office of Chancellor of N. Y.,
whereby it was become impossible for him to execute the duties
of both; informing Congress at the same time as a rule for providing
for his successor, that his expences exceeded his salary upwards
of 3000 Dollrs. per annum. The letter of resignation was committed
to Mr. McKean, Mr. Osgood, &c.[10]

TUESDAY, DECR 3.

After a verbal report of the Committee above mentioned, who
acquainted Congress that in conference with Mr. Livingston he
professed a willingness to remain in office till the 1st of Jany, to
give time for the choice of a Successor, Mr. McKean proposed
the Resolution which stands on the Secret Journals; several
alterations having been made however in the course of its consideration.
With respect to the Preamble particularly, a change
took place. As it was first moved it recited as the ground of
the resignation the incompatibility of the office of foreign Affairs
with the Chancellorship of N. Y. To this recital it was objected
by Mr. Madison, that such a publication of preference of the
office of Chancellor of a particular State to the office of foreign
Affairs under the U. S., tended to degrade the latter. Whereupon
the Preamble on the Journal was substituted. In the
course of this business the expediency of augmenting the salary
was suggested, but not much supported. Mr. Howel & Mr. Clark
opposed it strenuously.

The Report of the Committee on the case of Vermont mentioned
on Thursday the 14 of Novr. was called for by Mr.
McKean, & postponed on his motion to make way for a set of
Resolutions declaring that as Vermont in contempt of the
authority of Congress & their Recommendations of—1799,[11]
exercised jurisdiction over sundry persons professing allegiance
to the State of N. Y., banishing them and stripping them of their
possessions, the former be required to make restitution &c. and
that in case of refusal or neglect Congress will enforce the same,
&c. A motion was made by Mr. Clark 2nd by Mr. Howel to
strike out the latter clause; in favor of which it was said that
such a menace ought to be suspended until Vermont should refuse

to comply with the Requisition, especially said Mr. Howel as the
present proceeding being at the instance of Phelps & other exiles,
was an ex parte one.

Against the motion for expunging the clause, it was observed
that a requisition on Vermont without such a menace wd have no
effect, that if Congress interposed they ought to do it with a
decisive tone; that as it only enforced restitution in cases where
spoliations had been committed and therefore was conditional,
the circumstance of its being ex parte was of no weight, especially
as Congress cd not call on Vermt to appear as a party after her
repeated protestations agst appearing.

On this occasion, Mr. Carroll informed Congress that he had
entirely changed his opinion with regard to the policy requisite
with regard to Vermt being thoroughly persuaded that its leaders
were perfidious men & that the interest of the U. S. required
their pretensions to be discountenanced; that in this opinion he
was not a little confirmed by a late conversation with Genl Whipple
of N. Hampshire at Trenton in which this Gentleman assured him,
that the Governing party in Vermont were perfidiously devoted
to the British interests & that he had reason to believe that a
British Com̃ission for a Govr of that district had come over
& was ready to be produced at a convenient season. Some of
the members having gone out of Congress & it being uncertain
whether there would be more than six States for the clause, an
adjournment was moved for & voted.

The proceedings on this subject evinced still more the conciliating
effect of the territorial cession of N. York, on several
States & the effect of the scheme of an ultra-montane State within
Pennsa, on the latter State. The only States in Congress which
stood by Vermont were Rhode Island, which is supposed to be
interested in lands in Vermt, and N. Jersey whose Delegates were
under instructions on the subject.

WEDNESDAY DECR 4.

After the passing of the Resolution concerning Cap: P. Jones,[12]

a motion was made by Mr. Madison to reconsider the same, that
it might be referred to the Agent of Marine to take order, as a better
mode of answering the same purpose; since it did not become
the sovereign body to give public sanction to a recommendation
of Capt: Jones to the Commander of the French Squadron,
especially as there was no written evidence that the latter had signified
a disposition to concur in the project of Capt: Jones. The
motion was lost; a few States only being in favor of it.

The reason assigned by those who voted against the promotion
of Col:s to Brigads. according to districts was that such a division
of the U. S. tends to foster local ideas, and might lead to a
dismemberment.

The Delegates from Penna reminded Congress that no answer
had been given to the memorials (see Novr 20) from that State
that the Legislature were proceeding in the measure intimated in
the said memorials and that they meant to finish it & adjourn this
evening.[13] The reasons mentioned by the Delegates as prevailing

with the Legislature were 1st., the delay of Congress to give an
answer which was deemed disrespectful 2d. the little chance of any
funds being provided by Congress for their internal debts; 3dly,
the assurance (given by one of their members Mr. Jos Mont—g—y,
mentioned privately not on the floor) that no impediment to the
support of the war cd arise from it, since Congress had provided
means for that purpose in Europe.

A Committee consisting of Mr. Rutledge Mr. Madison & Mr.
Hamilton was appointed to confer immediately with a Committee
from the Legislature on the subject of the Memorials & were instructed
to make such communications relative to our affairs
abroad as would correct misinformations. The comittee which
met them on the part of the Legislature, were Mr. Jos: Montgomery,
Mr. Hill & Mr. Jacob Rush.

The Committee of Congress in the conference observed that
the delay of an answer had proceeded in part from the nature of
so large an assembly of which the Comittee of the Legislature
cd not be insensible, but principally from the difficulty of giving
a satisfactory one until Rhode Island sd accede to the Impost of

5 Per Ct. of which they had been in constant expectation; that
with respect to the prospect from Congress for the public Creditors
Congress had required of the States interest for the ensuing
year, had accepted the territorial Cession of N. Y. and meant
still to pursue the scheme of the impost; that as to their affairs
in Europe the loan of 6 Millions of livres only last year had been
procured from France by Dr. Franklyn, in place of 12 asked by
him, the whole of which had been applied; that the loan of
5.000.000 Guilders opened by Mr. Adams had advanced to about
11/2 Million only and there seemed little progress to have been
made of late; that the application for 4 Million as part of the
estimate for the ensuing year was not founded on any previous
information in its favor but against every intimation on the subject,
& was dictated entirely by our necessities; so that if even no
part of the requisitions from the States sd be denied, or diverted,
the support of the war the primary object, might be but deficiently
provided for. That if this example which violated the
right of appropriation delegated to Congress by the federal Articles,
should be set by Pa, it would be both followed by other
States & extended to other instances; that in consequence, our
system of administration, and even our bond of Union wd be dissolved;
that the enemy would take courage from such a prospect
and the war be prolonged if not the object of it be endangered;
that our national credit would fail with other powers, & the loans
from abroad which had been our chief resource fail with it. That
an assumption by individual States of the prerogative of paying
their own Citizens the debts of the U. S. out of the money required
by the latter was not only a breach of the federal system
but of the faith pledged to the public Creditors; since payment
was mutually guaranteed to each & all of the Creditors [by] each
& all of the States; and that lastly it was unjust with respect to
the States themselves on whom the burden would fall not in proportion
to their respective abilities, but to the debts due to their
respective Citizens; and that at least it deserved the consideration
of Pa whether she would not be loser by such an arrangement.

On the side of the other Comittee it was answered that the
measure cd not violate the confederation, because the requisition

had not been founded on a valuation of land; that it would not be
the first example, N. H. & N. Y. havg. appropriated money raised
under requisitions of Congress; that if the other States did their
duty in complying with the demands of Congress no inconvenience
would arise from it, that the discontents of the Creditors wd prevent
the payment of taxes; Mr. Hill finally asking whether it had
been considered in Congress how far delinquent States cd be
eventually coerced to do justice to those who performed their
part? To all which it was replied that a valuation of land had
been manifestly impossible during the war—that the apportionments
made had been acquiesced in by Pa, and therefore the
appropriation could not be objected to; that altho other States
might have set previous examples, these had never come before
Congress, & it wd be more honorable for Pa to counteract than to
abet them especially as the example from her weight in the Union
& the residence of Congress wd be so powerful, that if other States
did their duty the measure wd be superfluous; that the discontents
of the Creditors might always be answered by the equal
justice & more pressing necessity which pleaded in favor of the
army, who had lent their blood & services to their Country, and
on whom its defence still rested; that Congress unwilling to presume
a refusal in any of the States to do justice, cd not anticipate
it by a consideration of the steps wch such refusal might require,
& that ruin must ensue if the States suffered their policy to be
swayed by such distrusts. The Comittee appeared to be considerably
impressed with these remarks, & the Legislature suspended
their plan.

THURSDAY, DECR 5TH. 1782

Mr. Lowel & Mr. Reed were elected Judges of the Court of
Appeals. Mr. P. Smith, of N. Jersey had the vote of that State;
and Mr. Merchant,[14] of Rhode Island the vote of that State.

The Resolutions respecting Vermont moved by Mr. McKean
on the [twenty-seventh] day of [November,] were taken into
Consideration. They were seconded by Mr. Hamilton, as entered
on the Journal of this day. Previous to the question on the

coercive clause, Mr. Madison observed that as the preceding
clause was involved in it, & the federal articles did not delegate
to Congress the authority about to be enforced, it would be proper
in the first place to amend the recital in the previous clause, by
inserting the ground on which the Authority of Congress had
been interposed. Some who voted against this motion in this
stage having done so from a doubt as to the point of order, it was
revived in a subsequent stage when that objection did not lie.
The objections to the motion itself were urged chiefly by the
Delegates from Rhode Island, and with a view in this as in all
other instances, to perplex & protract the business. The objections
were 1st. that the proposed insertion was not warranted by
the Act of N. Hampshire which submitted to the judgment of
Congress merely the question of jurisdiction. 2dly. That the Resolutions
of Aug: 1781, concerning Vermont, havg been acceded to by
Vermont, annulled all antecedent acts founded on the doubtfulness
of its claim to independence. In answer To the 1st. objn. the
Act of N. H. was read wch in the utmost latitude adopted the
Resolus. of Congress which extended expressly to the preservation
of peace & order & prevention of acts of confiscation by one
party agst another. To the 2d. objn it was answered 1st. that the
sd. Resons of Aug: being conditional not absolute, the accession
of Vermont cd not render them definitive; but 2dly. that prior to
this accession, Vermont havg in due form rejected the Resolns. and
notified the rejection to Congress, the accession could be of no
avail unless subsequently admitted by Congress, 3dly. that this
doctrine had been maintained by Vermont itself wch had declared
that inasmuch as the Resolns of Aug: did not correspond wth
their overtures previously made to Congress these had ceased to
be obligatory; wch act it was to be observed was merely declaratory,
not creative, of the annulment.

The original motion of Mr. McKean & Mr. Hamilton [was
agreed to] seven States voting for it; R. I. & N. J. in the negative.

FRIDAY 6 DECR.

An ordinance, extending the privilege of Franking letters to the
Heads of all the Departments was reported & taken up. Various
ideas were thrown out on the subject at large; some contending

for the extension proposed some for a partial adoption of it, some
for a total abolition of the privilege as well in members of
Congress as in others. Some for a limitation of the privilege to a
definite number or weight of letters. Those who contended for a
total abolition, represented the privilege as productive of abuses,
as reducing the profits so low as to prevent the extension of the
establishment throughout the U. S. and as throwing the whole
burden of the establishment on the mercantile intercourse.—On
the other side it was contended that in case of an abolition The
Delegates, or their Constitutents, would be taxed just in proportion
to their distance from the seat of Congress; which was
neither just nor politic, considering the many other disadvantages
which were inseparable from that distance; that as the correspondence
of the Delegates was the principal channel through which a
general knowledge of public affairs, was diffused, any abridgment
of it would so far confine this advantage to the States within the
neighbourhood of Congress; & that as the correspondence at
present however voluminous did not exclude from the mail any
private letters which wd be subject to postage, and if postage was
extended to letters now franked the no & size of them would be
essentially reduced, the revenue was not affected in the manner
represented. The Ordinance was disagreed to & the subject recommitted,
wth instruction to the Committee giving them ample
latitude for such Report as they should think fit.

A Boston Newspaper containing under the Providence Head,
an extract of a letter purporting to be written by a Gentleman in
Philada and misrepresenting the state of our loans, as well as betraying
the secret proposal of the Swedish Court to enter into a
Treaty with the U. S; with the view of disproving to the people of R.
Island the necessity of the Impost of 5 P Ct.; had been handed
about for several days. From the style and other circumstances,
it carried strongly the appearance of being written by a Member
of Congress. The unanimous suspicions were fixed on Mr.
Howel. The mischievous tendency of such publications & the
necessity of the interposition of Congress were also general subjects
of conversation. It was imagined too that a detection of
the person suspected would destroy in his State that influence
which he exerted in misleading its counsels with respect to the

Impost. These circumstances led Mr. Williamson to move the
proposition on this subject.[15]

It was opposed by no one.

Mr. Clark supposing it to be levelled in part at him, rose & informed
Congress, that not considering the article relative to
Sweden as secret in its nature, and considering himself at liberty
to make any communications to his Constituents, he had disclosed
it to the Assembly of N. Jersey. He was told that the motion
was not aimed at him, but the doctrine advanced by him was
utterly inadmissible. Mr. Rutledge observed that after this
frankness on the part of Mr. Clarke as well as from the respect
due from every member to Congress & to himself, it might be
concluded that if no member present should own the letter in
question, no member present was the author of it. Mr. H. was
evidently perturbated but remained silent.

The conference with the Committee of the Legislature of
Penna., with subsequent information had rendered it very evident
that unless some effectual measures were taken against separate
appropriations & in favor of the public Creditors the Legislature
of that State, at its next meeting, would resume the plan which
they had suspended. Mr. Rutledge in pursuance of this conviction
moved that the Superintendt. of Finance be instructed to
represent to the several States the mischiefs which such appropriations
would produce. It was observed with respect to this
motion that however it might be as one expedient, it was of itself
inadequate; that nothing but a permanent fund for discharging
the debts of the public would divert the States from making provision
for their own Citizens; that a renewal of the call on R. Island
for the impost ought to accompany the motion; that such a combination
of these plans would mutually give efficacy to them,

since R. Island would be solicitous to prevent separate appropriations,
& the other States would be soothed with the hope of the
Impost. These observations gave rise to the Motion of Mr.
Hamilton, which stands on the Journal.[16] Agst. Mr. Rutledge's
part of the motion no objection was made. But The sending a
deputation to Rhode Island was a subject of considerable debate,
in which the necessity of the impost, in order to prevent separate
appropriations by the States, to do equal justice to the Public
creditors, to maintain our national character & credit abroad, to
obtain the loans essential for supplying the deficiencies of revenue,
to prevent the encouragement which a failure of the scheme
would give the Enemy to persevere in the war, was fully set forth.
The objections, except those wch. came agst. the scheme itself from
the Delegates of R. Island, were drawn from the unreasonableness
of the proposition. Congress ought it was said to wait for
an official answer to their demand of an explicit answer from R.
I. before they could with propriety repeat their exhortations.
To which it was replied that altho' this objection might have
some weight, Yet the urgency of our situation, and the chances of
giving a favorable turn to the negotiations on foot for peace rendered
it of little comparative significance. The objections were
finally retracted, and both the propositions agreed to. The Deputation
elected were Mr. Osgood, Mr. Mifflin & Mr. Nash taken
from different parts of the U. S., & each from States that had
fully adopted the Impost, and would be represented in Congress
wth.out them; except Mr. Osgood whose State, he being alone,
was not represented without him.

SATURDAY, DECR. 7.
No Congress.

The Grand Committee met again on the business of the old
paper emissions, and agreed to the plan reported by the sub-committee
in pursuance of Mr. Fitzsimmons' motion, vz: that the
outstanding bills should be taken up & certificates issued in place
thereof at the rate of 1 real Dollar for—nominal ds., and
that the surpluses redeemed by particular States shod. be credited
to them at the same rate. Mr. Carrol alone dissented to the
plan, alledging that a law of Maryland was adverse to it which he
considered as equipollent to an instruction. For filling up the
blank, several rates were proposed. 1st., 1 for 40 on which the
votes were no except Mr. Howell. 2d., 1 for 75 no Mr. White &
Mr. Howell, ay. 3d., 1 for 100 no Mr. Hamilton & Mr. Fitzsimmons
ay. 4th., 1 for 150 no Mr. Fitzsimmons ay. The reasons
urged in favor of 1 for 40 were—first an adherence to public
faith, secondly that the depreciation of the certificates would reduce
the rate sufficiently low, they being now negotiated at the
rate of three or four for one. The reason for 1 for 75, that the
bills passed at that rate when they were called in, in the Eastern
States; for 1 for 100—that as popular ideas were opposed to the
stipulated rate, and as adopting the current rate might hurt the
credit of other securities which derived their value from an opinion
that they would be strictly redeemed, it was best to take an
arbitrary rate, leaning to the side of liberality,—for 1 for 150
that this was the medium depreciation when the circulation
ceased. The opposition to these several rates came from the
Southern Delegates, in some of whose States none, in others but
little had been redeemed, & in all of which the depreciation had
been much greater. On this side it was observed by Mr. Madison,
that the States which had redeemed a surplus, or even their
quotas, had not done it within the period fixed by Congress but in
the last stages of depreciation, & in a great degree, even after the
money had ceased to circulate; that since the supposed Cessation
the money had generally changed hands at a value far below
any rate that had been named; that the principle established by

the plan of the 18th. of March 1780, with respect to the money in
question was, that the Holder of it sd. receive the value at which
it was current, & at which it was presumed he had received it;
that a different rule adopted with regard to the same money in
different stages of its downfall wd. give general dissatisfaction.
The Committee adjourned without coming to any decision.

MONDAY 9TH. DECR.

No Congress.

TUESDAY, 10 DECR.

A motion was made by Mr. Ramsay directing the Secy. at War
who was abt. to visit his family in Massachusetts, to take Vermont
in his way & deliver the Resolutions passed a few days since to
Mr. Chittenden. For the motion it was urged that it would
ensure the delivery would have a conciliating effect, and would
be the means of obtaining true and certain knowledge of the
disposition & views of that people. On the opposite side it was
exclaimed agst. as a degradation of so high a Servt. of the U. S., as
exposing him to the temerity of leaders who were on good ground
suspected of being hostile to the U. S., and as treating their pretensions
to Sovereignty with greater complaisance than was consistent
with the eventual resolutions of Congress. The motion
was rejected.

A motion was made by Mr. Gilman that a day be assigned for
determining finally the affair of Vermont. The opposition made
to the motion itself by Rhode Island & the disagreement as to the
day among the friends of the motion prevented a decision & it
was suffered to lie over.

For the letter of the Superintendt. of Finance to T[homas]
B[arclay][17] Comr. for settling accounts in Europe, agreed to by
Congr., see Secret Journal of this date.

WEDNESDAY, 11th. DECR.

The Secy. at War was authorized to permit the British prisoners
to hire themselves out on condition of a bond from the Hirers
for their return. The measure was not opposed, but was acquiesced
in by some, only as conformable to antecedent principles
established by Congress on this subject. Col Hamilton in particular
made this explanation.

Mr. Wilson made a motion referring the transmission of the
Resolutions concerning Vermont to the Secy. at War in such words
as left him an option of being the Bearer, without the avowed
sanction of Congress. The votes of Virga. & N. York negatived
it. The Presidt. informed Congress that he should send the Resolutions
to the Commander in Chief to be forwarded.

THURSDAY, DECR. 12.

The Report made by Mr. Williamson, Mr. Carrol, and Mr.
Madison touching the publication in the Boston paper, supposed
to be written by Mr. Howel, passed with the concurrence of R.
Island; Mr. Howel hesitating & finally beckoning to Mr. Collins
his collegue, who answered for the State in the affirmative.
As the Report stood the Executive of Massachusetts, as well as of
Rho. Island was to be written to, the Gazette being printed at
Boston. On the motion of Mr. Osgood who had seen the original
publication in the Providence Gazette and apprehended a
constructive imputation on the Mass Delegates by such as would
be ignorant of the circumstances, the Executive of Massts. was expunged.

FRIDAY, DECR. 13TH.

Mr. Howel verbally acknowledged himself to be the writer of
the letter from which the extract was published in the Providence
Gazette. At his instance the subject was postponed until Monday.

SATURDAY, DECR. 14TH.

No Congress.

MONDAY, DECEMBER l6TH.

The answer to the objections of Rho: Island,[18] as to the Impost,
penned by Mr. Howel, passed without opposition, 8 States being
present, of which Rho: Isd. was one, a few trivial alterations only
being made in the course of discussion.

Mr. Howell, contrary to expectation, was entirely silent as to
his affair.

TUESDAY, DECR. I7TH.

Mr. Carrol in order to bring on the affair of Mr. Howel moved
that the Secy. of Foreign Affairs be instructed not to write to the
Govt. of Rhode Island on the subject. The state in wch. such a
vote would leave the business unless the reason of it was expressed,
being not adverted to by some, and others being unwilling to

move in the case, this motion was incautiously suffered to pass.
The effect of it however was soon observed, and a motion in
consequence made by Mr. Hamilton, to subjoin the words, "Mr.
Howel having in his place confessed himself to be the Author of
the publication." Mr. Ramsay thinking such a stigma on Mr.
Howel unnecessary, & tending to place him in the light of a
persecuted man whereby his opposition to the Impost might have
more weight in his State, proposed to substitute as the reason,
"Congress havg. recd. the information desired on that subject.
The yeas & nays being called for by Mr. Hamilton, Mr. Howell
grew very uneasy at the prospect of his name being thereby
brought on the Journals; and requested that the subject might
be suspended until the day following. This was agreed to &
took place on condition that the ne[ga]tived counter direction to
the Secy. of F. A. should be reconsidered & lie over also.

WEDNESDAY, DECR. l8TH.

This day was chiefly spent on the case of Mr. Howel, whose
behaviour was extremely offensive, and led to a determined opposition
to him, those who were most inclined to spare his reputation.
If the affair could have been closed without an insertion of his
name on the Journal, he seemed willing to withdraw his protest;
but the impropriety which appeared to some, & particularly to Mr.
Hamilton, in suppressing the name of the Author of a piece wch.
Congress had so emphatically reprobated, when the author was
found to be a member of Congress, prevented a relaxation as to
the yeas & nays. Mr. Howell, therefore as his name was necessarily
to appear on the Journal, adhered to the motion which
inserted his protest thereon.[19] The indecency of this paper, and

the pertinacity of Mr. Howell in adhering to his assertions with
respect to the non-failure of any application for foreign loans, excited
great & (excepting his Colleagues or rather Mr. Arnold)
universal indignation and astonishment in Congress; and he was
repeatedly premonished of the certain ruin in wch. he wd. thereby
involve his character & consequence; and of the necessity wch.
Congress wd. be laid under of vindicating themselves by some act
which would expose and condemn him to all the world.

THURSDAY, DECR. I9TH.

See Journals.

FRIDAY, DECR. 20TH.

A motion was made by Mr. Hamilton for revising the requisitions
of the preceding and present years, in order to reduce them
more within the faculties of the States. In support of the motion
it was urged that the exorbitancy of the demands produced a despair
of fulfilling them which benumbed the efforts for that purpose.
On the other side it was alledged that a relaxation of the
demand would be followed by a relaxation of the efforts; that
unless other resources were substituted, either the States would be
deluded by such a measure into false expectations, or, in case the
truth sd. be disclosed to prevent that effect, that the Enemy wd.
be encouraged to persevere in the war agst. us. The motion meeting
with little patronage it was withdrawn.

The report of the committee on the motion of Mr. Hamilton
proposed that the Secy. of Congress should transmit to the Executive
of Rhode Island the several acts of Congress with a state of
foreign loans. The object of the committee was that in case Rho:
Island should abet or not resent the misconduct of their Representative,
as wd. most likely be the event, Congress should commit
themselves as little as possible in the mode of referring it to
that State. When the Report came under consideration it was
observed, that the Presidt. had always transmitted acts of Congress
to the Executives of the States, and that such a change on
the present occasion might afford a pretext if not excite a disposition
in Rho: Island not to vindicate the honor of Congress. The
matter was compromised by substituting the Secy. of F. A. who
ex officio, corresponds with the Governors &c. within whose department
the facts to be transmitted as to foreign loans, lay. No
motion or vote opposed the report as it passed.

SATURDAY 21 DECR..

The Committee to confer wth. Mr. Livingston was appointed
the preceding day in consequence of the unwillingness of several
States to elect either Genl. Schuyler, Mr. Clymer, or Mr. Read the
Gentlemen previously put into nomination, and of a hint that Mr.
L. might be prevailed on to serve till the spring. The Committee
found him in this disposition and their report was agreed to without
opposition.[20] See the Journal.

MONDAY, 23 DECR..

The motion to strike out the words "accruing to the use of the
U. S.," was grounded on a denial of the principle that a capture &
possession by the enemy of moveable property extinguished or
effected the title of the original owners. On the other side this
principle was asserted as laid down by the most approved writers,
and conformable to the practice of all nations; to which was added
that if a contrary doctrine were established by Congress, innumerable

claims would be brought forward by those whose property
had, on recapture been applied to the public use.[21] See Journal.

Letters were this day recd. from Dr. Franklin, Mr. Jay & the
Marquis de la Fayette. They were dated the 14th of Ocr. That
from the first inclosed copy of the 2d. Comission to Mr. Oswald
with sundry prelimy. articles, and distrusted the British Court.
That from the 2d. expressed great jealousy of the French Govt., &
referred to an intercepted letter from Mr. Marbois, opposing the
claim of the U. S. to the Fisheries. This despatch produced
much indignation agst. the author of the intercepted letter, and
visible emotions in some agst. France. It was remarked here that
our Ministers took no notice of the distinct comons. to Fitzherbert
& Oswald; that altho' on a supposed intimacy and joined in

the same comon., they the Ministers, wrote separately & breathed
opposite sentiments as to the views of France. Mr. Livingston told
me that the letter of the Ct. de Vergennes, as read to him by the
Chevr. Luzerne, very delicately mentioned & complained that American
Ministers did not in the negotiations with the British Ministers,
maintain the due com. with those of France. Mr. Livingston inferred
on the whole that France was sincerely anxious for peace.

The Presidt. acquainted Congress that Ct Rochambeau had
communicated the intended embarkation of the French troops for
the W. Indies, with an assurance from the King of France, that
in case the war sd. be renewed agst. U. S. they should immediately
be sent back.

TUESDAY, 24 DECR.

The letter from Mr. Jay, inclosing a copy of the intercepted
letter from Marbois, was laid before Congress.[22] The tenor of it
with the comments of Mr. Jay, affected deeply the sentiments of
Congress with regard to France. The policy in particular manifested
by France, of keeping us tractable by leaving the British in
possession of posts in this country awakened strong jealousies,
corroborated the charges on that subject, and with concomitant
circumstances may engender the opposite extreme of the gratitude
& cordiality now felt towards France; as the closest friends on a

rupture are apt to become the bitterest foes. Much will depend
however on the course pursued by Britain. The liberal one
Oswald seems to be pursuing will much promote an alienation of
temper in America from France. It is not improbable that the
intercepted letter from Marbois came thro' Oswald's hands. If G.
B., therefore, yields the fisheries & the back territory, America
will feel the obligation to her not to France, who appears to be
illiberal as to the 1st. & favorable to Spain as to the 2d. object; and,
consequently has forfeited the confidence of the States interested
in either of them. Candor will suggest however that the situation
of France is and has been extremely perplexing. The object of
her blood & money was not only the independence, but the commerce
and gratitude of America; the commerce to render independence
the more useful, the gratitude to render that commerce
the more permanent. It was necessary therefore she supposed
that America should be exposed to the cruelties of her Enemies,
and be made sensible of her own weakness in order to be grateful
to the hand that relieved her. This policy if discovered
tended on the other hand to spoil the whole. Experience shews
that her truest policy would have been to relieve America by the
most direct & generous means, & to have mingled with them no
artifice whatever. With respect to Spain also the situation of
France has been as peculiarly delicate. The claims & views of
Spain & America interfere. The former attempts of Britain to
seduce Spain to a separate peace, & the ties of France with the
latter whom she had drawn into the war, required her to favor
Spain, at least to a certain degree, at the expence of America. Of
this G. B. is taking advantage. If France adheres to Spain G.
B. espouses the views of America, & endeavours to draw her off
from France. If France adheres to America in her claims B.
might espouse those of Spain, & produce a breach between her &
France; and in either case Britain wd divide her enemies. If
France acts wisely, she will in this dilemma prefer the friendship
of America to that of Spain. If America acts wisely she will see
that she is with respect to her great interests, more in danger of
being seduced by Britain than sacrificed by France.

The deputation to R. I. had set out on the 22d. & proceeded
1/2 day's journey. Mr. Nash casually mentioned a
private letter from Mr. Pendleton to Mr. Madison[23] informing

that the Legislature of Virga. had in consequence of the final refusal
of R. I. repealed her law for the impost. As this circumstance if
true destroyed in the opinion of the deputies the chief argt. to be
used by them, viz: the unanimity of the other States, they determined
to return & wait for the Southern post, to know the truth
of it. The post failing to arrive on the 23d., the usual day the deputies
on this day came into Congress & stated the case. Mr.
Madison read to Congress the paragraph in the letter from Mr.
Pendleton. Congress verbally resolved, that the departure of
the Deputies for R. I. sd. be suspended until the further order of
Congress; Mr. Madison promising to give any information he
might receive by the post. The arrival of the post immediately ensued.
A letter to Mr. Madison from Mr. Randolph confirmed
the fact, & was communicated to Congress. The most intelligent
members were deeply affected & prognosticated a failure of the
Impost scheme, & the most pernicious effects to the character, the
duration & the interests of the Confederacy. It was at length
notwithstanding determined to persist in the attempt for permanent
revenue, and a Committee was appointed to report the steps
proper to be taken.

A motion was made by Mr. Rutledge to strike out the salvage
for recaptures on land, on the same principle as he did the words
" accruing to the use of the United States." As the latter had
been retained by barely 7 States, and one of these was not present
the motion of Mr. Rutledge succeeded. Some of Those who were
on the other side, in consequence, voted agst. the whole resolution
& it failed. By compromise it passed as reported by the
Committee.

The Grand Committee reported after another meeting with respect
to the old money, that it should be rated at 40 for 1. The
Chair decided on a question raised, that according to rule the
blank sd. not have been filled up by the Comittee; so the rate was
expunged.

From Tuesday 24 of Decr., the journals suffice untill

MONDAY 30 DECR.

A motion made by Mr. Clarke, seconded by Mr. Rutledge, to
revise the instructions relative to negotiations for peace, with a
view to exempt the American Plenipotentiaries from the obligation
to conform to the advice of France. This motion was the effect
of impressions left by Mr. Jay's letters, & the intercepted one
from Marbois. This evidence of separate views in our Ally, and
the inconsistency of that instruction with our national dignity,
were urged in support of the motion. In opposing the motion,
many considerations were suggested, and the original expediency
of submitting the commission for peace to the Councils of France
descanted upon. The reasons assigned for this expediency were
that at the juncture when that measure took place the American
affairs were in the most deplorable situation, the Southern States
being overrun & exhausted by the enemy, & and the others more
inclined to repose after their own fatigues than to exert their resources

for the relief of those which were the seat of the war;
that the old paper currency had failed, & with it public credit itself
to such a degree that no new currency could be substituted;
& that there was then no prospect of introducing specie for the
purpose, our trade being in the most ruinous condition, & the intercourse
with the Havana in particular unopened. In the midst
of these distresses the mediation of the two Imperial Courts was
announced. The general idea was that the two most respectable
powers of Europe would not interpose without a serious desire of
peace, and without the energy requisite to effect it. The hope
of peace was therefore mingled with an apprehension that considerable
concessions might be exacted from America by the Mediators,
as a compensation for the essential one which Britain was to
submit to. Congress on a trial found it impossible from the
diversity of opinions & interests to define any other claims than
those of independence & the alliance. A discretionary power
therefore was to be delegated with regard to all other claims.
Mr. Adams was the sole minister for peace, he was personally at
variance with the French Ministry; his judgment had not the
confidence of some, nor his partiality in case of an interference of
claims espoused by different quarters of the U. S., the confidence
of others; a motion to associate with him two colleagues, to wit,
Mr. Franklin & Mr. Jay, had been disagreed to by Congress; the
former of these being interested as one of the Land Companies in
territorial claims which had less chance of being made good in
any other way than by a repossession of the vacant country by
the British Crown, the latter belonging to a State interested in
such arrangements as would deprive the U. S. of the navigation
of the Mississippi, & turn the western trade through N. Y.; and
neither of them being connected with the So. States. The idea of
having five ministers taken from the whole Union was not suggested
until the measure had been adopted, and communicated to
the Chevr. de Luzerne to be forwarded to France, when it was too
late to revoke it. It was supposed also that Mr. Laurens then in
the tower would not be out, & that Mr. Jefferson wd. not go;
& that the greater no. of Ministers, the greater the danger of discords
& indiscretions. It was Added that as it was expected that
nothing would be yielded by G. B. which was not extorted by the
address of France in managing the Mediators, and as it was the
intention of Congress that their minister should not oppose a
peace recommended by them & approved by France, it was
thought good policy to make the declaration to France, & by such
a mark of confidence to render her friendship the more responsible
for the issue. At the worst it could only be considered as a
sacrifice of our pride to our interest.

These considerations still justified the original measure in the
view of the members who were present & voted for it. All the
new members who had not participated in the impressions which
dictated it and viewed the subject only under circumstances of an
opposite nature, disapproved it. In general however the latter
joined with the former in opposing the motion of Mr. Clarke, arguing
with them that supposing the instruction to be wrong, it was
less dishonorable, than the instability that wd. be denoted by rescinding
it; that if G. B. was disposed to give us what we claimed
France could not prevent it; that if G. B. struggled agst. those
claims our only chance of getting them was thro' the aid of
France; that to withdraw our confidence would lessen the chance
& degree of this aid; that if we were in a prosperous or safe condition
compared with that in which we adopted the expedient in
question, this change had been effected by the friendly succors of
our Ally, & that to take advantage of it to loosen the tie, would
not only bring on us the reproach of ingratitude, but induce
France to believe that she had no hold on our affections, but only
in our necessities; that in all possible situations we sd. be more
in danger of being seduced by G. B., than of being sacrificed by
France; the interests of the latter in the main necessarily coinciding
with ours, and those of the former being diametrically
opposed to them, that as to the intercepted letter, there were
many reasons which indicated that it came through the hands of
the Enemy to Mr. Jay that it ought therefore to be regarded even
if genuine, as communicated for insidious purposes; but that
there was strong reason to suspect that it had been adulterated if
not forged; and that on the worst supposition, it did not appear
that the doctrines maintained or the measures recommended in it
had been adopted by the French Ministry and consequently that
they ought not to be held responsible for them.

Upon these considerations it was proposed by Mr. Wolcott,
2ded. by Mr. Hamilton that the motion of Mr. Clarke should be
postponed, which took place without a vote.

Mr. Madison moved that the letter of Docr. Franklin, of the 14
Octr., 1782 should be referred to a Committee, with a view of
bringing into consideration the preliminary article proposing that
British subjects & American Citizens sd. reciprocally have in matters
of commerce the privilege of natives of the other party; and
giving to the American Ministers the instruction which ensued on
that subject. This motion succeeded, and the committee appointed
consisted of Mr. Madison Mr. Rutledge, Mr. Clarke, Mr.
Hamilton & Mr. Osgood.

The contract of Genl. Wayne[24] was confirmed with great reluctance;
being considered as being improper with respect to its
being made with individuals, as admitting of infinite abuses, as
out of his military line, and as founded on a principle that a present
commerce with G. B. was favorable to the U. S. a principle
reprobated by Congress & all the States. Congress however
supposed that these considerations ought to yield to the necessity
of supporting the measures which a valuable officer from good
motives, had taken upon himself.

TUESDAY, DECR. 31, 1782

The report of the Committee made in consequence of Mr.
Madison's motion yesterday instructing the Ministers plenipo on
the article of commerce, passed unanimously as follows: "Resolved,
That the Ministers Plenipo for negotiating peace be

instructed in any commercial stipulations with G. B. which may
be comprehended in a Treaty of peace to endeavour to obtain for
the Citizens and inhabitants of the U. S. a direct commerce to all
parts of the British Dominions & Possessions, in like manner as
all parts of the U. S. may be opened to a direct Commerce of
British subjects; or at least that such direct Commerce be extended
to all parts of the British Dominions & possessions in
Europe & the West Indies; and the said Ministers are informed
that this stipulation will be particularly expected by Congress, in
case the Citizens & subjects of each party are to be admitted to
an equality in matters of commerce with natives of the other
party.

WEDNESDAY JANY. 1ST, 1783

The decision of the controversy between Con. & Penna. was
reported.

The communications made from the Minister of France, concurred
with other circumstances in effacing the impressions made
by Mr. Jay's letter & Marbois's inclosed. The vote of thanks to
Ct. Rochambeau passed with unanimity & cordiality & afforded a
fresh proof that the resentment against France had greatly
subsided.

THURSDAY JANY. 2d.

Nothing requiring notice.

FRIDAY 3d. JANY.

The vote of thanks to the Minister of France which passed
yesterday was repealed in consequence of his having expressed to
the President a desire that no notice might be taken of his conduct
as to the point in question & of the latter's communicating
the same to Congress. The temper of Congress here again manifested
the transient nature of their irritation agst. France.

The motion of Mr. Howel, put on the Secret Journal gave
Congress a great deal of vexation. The expedient for baffling his
scheme of raising a ferment in his State & exposing the foreign

transactions was adopted only in the last resort; it being questioned
by some whether the articles of Confederation warranted it.

The answer to the note of the French Minister passed unanimously
& was a further testimony of the Abatement of the effects
of Mr. Jay's letter &c.

The proceedings of the Court in the dispute between Cont. &
Pa. were after debates as to the meaning of the Confederation in
directing such proceeding to be lodged among the acts of Congress
entered at large on the Journals. It was remarked that the Delegates
from Cont. particularly Mr. Dyer were more captious on the occasion
than was consistent with a perfect acquiescence in the decree.

MONDAY, JANY. 6TH.

The Memorial from the Army was laid before Congress and referred
to a grand Committee. This reference was intended as a
mark of the important light in which the memorial was viewed.[25]

Mr. Berkley having represented some inconveniences incident
to the plan of a Consular Convention between France & U. S.,
particularly the restriction of Consuls from trading & his letter
having been committed, a report was made purposing that the
Convention should for the present be suspended. To this it had
been objected that as the convention might already be concluded
such a step was improper; and as the end might be obtained by
authorizing the Minister at Versailles to propose particular alterations

that it was unnecessary. By Mr. Madison it had been
moved that the report should be postponed to make place for the
consideration of an instruction & authority to the sd. Minister for
that purpose; and this motion had in consequence been brought
before Congress. On this day the business revived. The sentiments
of the members were various, some wishing to suspend such
part of the convention only as excluded Consuls from commerce;
others thought this exclusion too important to be even suspended;
others again thought the whole ought to be suspended during the
war; & others lastly contended that the whole ought to be new
modelled; the Consuls having too many privileges in some respects,
& too little power in others. It was observable that this
diversity of opinions prevailed chiefly among the members who
had come in since the Convention had been passed in Congress;
the members originally present adhering to the views which then
governed them. The subject was finally postponed; 8 States
only being represented, & 9 being requisite for such a question.
Even to have suspended the convention after it had been proposed
to the Court of France, & possibly acceded to would have
been indecent and dishonorable; and at a juncture when G. B.
was courting a commercial intimacy, to the probable uneasiness of
France, of very mischievous tendency. But experience constantly
teaches that new members of a public body do not feel the necessary
respect or responsibility for the acts of their predecessors, and
that a change of members & of circumstances often proves fatal to
consistency and stability of public measures. Some conversation
in private by the old members with the most judicious of the new
in this instance has abated the fondness of the latter for innovations,
and it is even problematical whether they will be again urged.

In the evening of this day the grand Committee met and agreed
to meet again the succeeding evening for the purpose of a conference
with the Superintendt. of Finance.

TUESDAY, JANY. 7TH, 1783.

See the Journals.

In the evening the grand Committee had the assigned conference
with Mr. Morris who informed them explicitly that it was

impossible to make any advance of pay in the present state of the
finances to the army and imprudent to give any assurances with
respect to future pay until certain funds should be previously
established. He observed that if even an advance could be made
it wd. be unhappy that it sd. appear to be the effect of demands
from the army; as this precedent could not fail to inspire a distrust
of the spontaneous justice of Congress & to produce repetitions
of the expedient. He said that he had taken some measures with
a view to a payment for the army which depended on events not
within our command, that he had communicated these measures
to Genl. Washington under an injunction of secrecy, that he could
not yet disclose them without endangering their success; that the
situation of our affairs within his department was so alarming that
he had thoughts of asking Congress to appoint a Confidential
Committee to receive communications on that subject and to sanctify
by their advice such steps as ought to be taken. Much loose
conversation passed on the critical state of things the defect of a
permanent revenue, & the consequences to be apprehended from
a disappointment of the mission from the army; which ended in
the appointment of friday evening next for an audience to General
McDougall, Col. Brooks & Col. Ogden, the Deputies on the
subject of the Memorial, the Superintendt. to be present.

WEDNESDAY JANY. 8, THURSDAY JANY. 9TH, & FRIDAY
JANY. 10

On the Report[26] for valuing the land conformably to the rule
laid down in the federal articles, the Delegates from Connecticut
contended for postponing the subject during the war, alledging
the impediments arising from the possession of N. Y., &c. by the
enemy; but apprehending (as was supposed) that the flourishing
State of Connecticut compared with the Southern States, would
render a valuation at the crisis unfavorable to the former.
Others, particularly Mr. Hamilton and Mr. Madison, were of

opinion that the rule of the confederation was a chimerical one
since if the intervention of the individual States were employed
their interests would give a bias to their judgments, or that at
least suspicions of such bias wd. prevail and without their intervention,
it could not be executed but at an expense, delay & uncertainty
which were inadmissible; that it would perhaps be
therefore preferable to represent these difficulties to the States
& recommend an exchange of this rule of dividing the public
burdens for one more simple easy & equal. The Delegates from
S. Carolina generally & particularly Mr. Rutledge advocated the
propriety of the constitutional rule & of an adherence to it, and
of the safety of the mode in question arising from the honor of
the States. The debates on the subject were interrupted by a
letter from the Superintendent of Finance; informing Congress
that the situation of his department required that a committee
sd. be appointed with power to advise him on the steps proper to
be taken; and suggesting an appointment of one consisting of a
member from each State, with authority to give their advice on
the subject. This expedient was objected to as improper, since
Congress wd. thereby delegate an incommunicable power, perhaps,
and would at any rate lend a sanction to a measure without
even knowing what it was; not to mention the distrust which it
manifested of their own prudence & fidelity. It was at length
proposed & agreed to, that a special committee consisting of Mr.
Rutledge Mr. Osgood & Mr. Madison, should confer with the
Superintendt. of Finance on the subject of his letter and make
report to Congress. After the adjournment of Congress this
Com̃ittee conferred with the Superintendt. who after being apprized
of the difficulties which had arisen in Congress, stated to
them that the last account of our money affairs in Europe shewed
that contrary to his expectations and estimates there were 3½
Millions of livres short of the bills actually drawn; that further
drafts were indispensable to prevent a stop to the public service;
that to make good this deficiency there was only the further success
of Mr. Adams' loan and the friendship of France to depend
on, that it was necessary for him to decide on the expediency of
his staking the public credit on those contingent funds by further
drafts, and that in making this decision he wished for the sanction
of a committee of Congress; that this sanction was preferable
to that of Congress itself only as it wd confide the risk attending
bills drawn on such funds to a smaller number, and as secrecy
was essential in the operation as well to guard our affairs in general
from injury, as the credit of the bills in question from debasement.
It was supposed both by the Superintendt. & the
Comittee that there was in fact little danger of bills drawn on
France on the credit of the loan of 4 Millions of dollars, applied
for, being dishonored; since if the negotiations on foot were to
terminate in peace, France would prefer an advance in our favor
to exposing us to the necessity of resorting to G. B. for it; and
that if the war sd. continue the necessity of such an aid to its
prosecution would prevail. The result was that the Committee
should make such report as would bring the matter before Congress
under an injunction of secrecy, and produce a resolution
authorizing the Superintendt. to draw bills as the public service
might require on the credit of applications for loans in Europe.
The report of the Committee to this effect was the next day accordingly
made & adopted unanimously. Mr. Dyer alone at first
opposed it as an unwarrantable & dishonorable presumption on
the ability & disposition of France; being answered however
that without such a step or some other expedt. which neither he
nor any other had suggested, our credit would be stabbed abroad
and the public service wrecked at home; and that however mortifying
it might be to commit our credit, our faith & our honor to
the mercy of a foreign nation, it was a mortification wch. cd. not be
avoided without endangering our very existence; he acquiesced
and the resolution was entered unanimously. The circumstance
of unanimity was thought of consequence as it wd. evince the
more the necessity of the succour and induce France the more
readily to yield it. On this occasion several members were struck
with the impropriety of the late attempt to withdraw from France
the trust confided to her over the terms of peace when we were
under the necessity of giving so decisive a proof of our dependence
upon her. It was also adverted to in private conversation
as a great unhappiness that during negotiations for peace, when
an appearance of vigor & resource were so desirable, such a proof
of our poverty & imbecility could not be avoided.

The conduct of Mr. Howel &c. had led several & particularly
Mr. Peters into an opinion that some further rule & security
ought to be provided for concealing matters of a secret nature.
On the motion of Mr. Peters a committee composed of himself
Mr. Williamson &c. was appointed to make a report on the subject.
On this day the report was made. It proposed that
members of Congress should each subscribe an instrument
pledging their faith & honor not to disclose certain enumerated
matters.

The enumeration being very indistinct and objectionable, and
a written engagement being held insufficient with those who without
it wd. violate prudence or honor, as well as marking a general
distrust of the prudence & honor of Congress, the report was
generally disrelished; and after some debate in which it was
faintly supported by Mr. Williamson, the Committee asked &
obtained leave to withdraw it.

A discussion of the report on the mode of valuing the lands
was revived. It consisted chiefly of a repetition of the former
debates.

In the evening according to appt. on tuesday last, the grand
Committee met, as did the Superintendt. of Finance. The chairman
Mr. Wolcot informed the committee that Cols. Ogden &
Brooks two of the deputies from the army had given him notice
that Genl. McDougal the first of the deputation, was so indisposed
with the rheumatism as to be unable to attend, and expressed a
desire that the Comittee would adjourn to his lodging at the
Indian queen tavern the deputies being very anxious to finish
their business among other reasons, on acct. of the scarcity of
money with them. At first the Com̃ittee seemed disposed to
comply; but it being suggested that such an adjournment by a
Comittee of a member from each State would be derogatory
from the respect due to themselves, especially as the Mission
from the army was not within the ordinary course of duty, the
idea was dropped. In lieu of it they adjourned to Monday
evening next, on the ostensible reason of the extreme badness
of the weather which had prevented the attendance of several
members.

MONDAY JANY. 13

Report on the valuation of land was referred to a Grand
Committee.

A motion was made by Mr. Peters, 2ded. by Mr. Madison,
" that a comite. be appointed to consider the expediency of making
further applications for loans in Europe, & to confer with the
Superint of Finance on the subject." In support of this motion
Mr. P. observed that notwithstanding the uncertainty of success
the risk of appearing unreasonable in our demands on France,
and the general objections agst. indebting the U. S. to foreign
nations, the crisis of our affairs demanded the experiment; that
money must if possible be procured for the army and there was
ground to expect that the Ct. of France wd. be influenced by an
apprehension that in case of her failure & of a pacification G. B.
might embrace the opportunity of substituting her favors. Mr.
Madison added that it was expedient to make the trial because
if it failed, our situation cd. not be made worse, that it would be
prudent in France & therefore it might be expected of her, to
afford the U. S. such supplies as would enable them to disband
their army in tranquillity, lest some internal convulsions might
follow external peace, the issue of which ought not to be hazarded,
that as the affections & gratitude of this Country as well
as its separation from G. B. were her objects in the Revolution,
it would also be incumbent on her to let the army be disbanded
under the impression of deriving their rewards through her friendship
to their Country; since their temper on their dispersion
through the several States and being mingled in the public
councils, would much affect the general temper towards France;
and that if the pay of the army could be converted into a consolidated
debt bearing interest, the requisitions on the States for
the principal might be reduced to requisitions for the interest,
and by that means a favorable revolution so far introduced into
our finances.

The Motion was opposed by Mr. Dyer because it was improper
to augment our foreign debts, & would appear extravagant to
France. Several others assented to it with reluctance, and
several others expressed serious scruples as honest men agst. levying

contributions on the friendship or fears of France or others,
whilst the unwillingness of the States to invest Congress with
permanent funds rendered a repayment so precarious. The
motion was agreed to, and the Comittee chosen—Mr. Gorham, Mr.
Peters, Mr. Izard.

In the evening according to appointment the Grand Committee
gave an audience to the deputies of the army,[27] viz:
Genl. McDougal & Cols. Ogden & Brooks. The first introduced
the subject by acknowledging the attention manifested to the
representations of the army by the appt. of so large a Com̃ittee;
his observations turned chiefly on the 3 chief topics of the
Memorial, namely an immediate advance of pay, adequate provision
for the residue, and half-pay.—On the first he insisted on
the absolute necessity of the measure to soothe the discontents
both of the officers & soldiers, painted their sufferings & services,
their successive hopes & disappointments throughout the whole
war, in very high-colored expressions, and signified that if a
disappointment were now repeated the most serious consequences
were to be apprehended; that nothing less than the actual distresses
of the army would have induced at this crisis so solemn

an application to their country; but yt. the seeming approach of
peace, and the fear of being still more neglected when the necessity
of their services should be over, strongly urged the necessity
of it. His two colleagues followed him with a recital of various
incidents & circumstances tending to evince the actual distresses
of the army, the irritable state in which the deputies left them,
and the necessity of the consoling influence of an immediate
advance of pay. Colonel Ogden said he wished not indeed, to
return to the army if he was to be the messenger of disappointment
to them. The deputies were asked 1st. what particular steps
they supposed would be taken by the army in case no pay cd. be
immediately advanced; to which they answered that it was impossible
to say precisely; that although the Sergeants & some of
the most intelligent privates had been often observed in sequestered
consultations, yet it was not known that any premeditated plan
had been formed; that there was sufficient reason to dread that
at least a mutiny would ensue, and the rather as the temper of
the officers at least those of inferior grades, would with less vigor
than heretofore struggle agst. it. They remarked on this occasion,
that the situation of the officers was rendered extremely delicate
& had been sorely felt, when called upon to punish in soldiers a
breach of engagements to the public which had been preceded
by uniform & flagrant breaches by the latter of its engagements
to the former. General McDougal said that the army were verging
to that state which we are told will make a wise man mad, and
Col: Brooks said that his apprehensions were drawn from the
circumstance that the temper of the army was such that they did
not reason or deliberate cooly on consequences & therefore a disappointment
might throw them blindly into extremities. They
observed that the irritations of the army had resulted in part
from the distinctions made between the Civil & military lists the
former regularly receiving their salaries, and the latter as regularly
left unpaid. They mentioned in particular that the members of
the Legislatures would never agree to an adjournment with[out]
paying themselves fully for their services. In answer to this
remark it was observed that the Civil officers on the average did
not derive from their appointments more than the means of their
subsistence; and that the military altho not furnished with their
pay properly so called were in fact furnished with the same
necessaries.

On the 2d. point to wit "adequate provision for the general
arrears due to them," the deputies animadverted with surprise,
and even indignation on the repugnance of the States, some of them
at least, to establish a federal revenue for discharging the federal
engagements. They supposed that the ease not to say affluence
with wch. the people at large lived sufficiently indicated resources
far beyond the actual exertions, and that if a proper application
of these resources was omitted by the Country & the army
thereby exposed to unnecessary sufferings, it must natural[ly] be
expected that the patience of the latter wd. have its limits. As
the deputies were sensible that the general disposition of Congress
strongly favored this object, they were less diffuse on it.
Genl. McDougal made a remark wch. may deserve the greater attention
as he stepped from the tenor of his discourse to introduce
it, and delivered it with peculiar emphasis. He said that the
most intelligent & considerate part of the army were deeply
affected at the debility and defects in the federal Govt., and the
unwillingness of the States to cement & invigorate it; as in case
of its dissolution, the benefits expected from the Revolution wd.
be greatly impaired, and as in particular, the contests which might
ensue amg. the States would be sure to embroil the officers which
respectively belong to them.

On the 3d. point to wit "half-pay for life," they expressed equal
dissatisfaction at the States which opposed it observing that it
formed a part of the wages stipulated to them by Congress & was
but a reasonable provision for the remnant of their lives which
had been freely exposed in the defence of their Country, and
would be incompatible with a return to occupations & professions
for which military habits of 7 years standing unfitted them. They
complained that this part of their reward had been industriously
and artfully stigmatized in many States with the name of pension,
altho' it was as reasonable that those who had lent their blood
and services to the public sd. receive an annuity thereon, as those
who had lent their money; and that the officers whom new arrangements
had from time to time excluded, actually labored under
the opprobrium of pensioners, with the additional mortification of

not receiving a shilling of the emolums. They referred however
to their Memorial to show that they were authorized & ready to
commute their half-pay for any equivalent & less exceptionable
provision.

After the departure of the Deputies, the Grand Committee appointed
a sub-committee, consisting of Mr. Hamilton, Mr. Madison,
& Mr. Rutledge to report arrangements, in concert with the
Superintendt. of Finance for their consideration.

TUESDAY JANY. 15th. [14th.] 1783

Congress adjourned for the meeting of The Grand Committee
to whom was referred the report concerning the valuation of the
lands and who accordingly met.

The Committee were in general strongly impressed with the extreme
difficulty & inequality if not impracticability of fulfilling
the article of the Confederation relative to this point; Mr. Rutledge
however excepted, who altho' he did not think the rule so
good a one as a census of inhabitants, thought it less impracticable
than the other members. And if the valuation of land had
not been prescribed by ye. federal articles, the Committee wd. certainly
have preferred some other rule of appointment, particularly
that of numbers under certain qualifications as to Slaves. As the
federal Constitution however left no option, & a few[28] only were
disposed to recommend to the States an alteration of it, it was
necessary to proceed 1st. to settle its meaning—2dly to settle the
least objectionable mode of valuation. On the first point, it was
doubted by several members wher. the returns which the report
under consideration required from the States would not be final
and whether the Arts. of Confn. wd. allow Congress to alter them
after they had fixed on this mode; on this point no vote was
taken. A 2d. question afterwards raised in the course of the discussion
was how far the Art required a specific valuation, and

how far it gave a latitude as to the mode, on this point also there
was a diversity of opinions; but no vote taken.

2dly. As to the mode itself referred to the Gd. Come., it was strongly
objected to by the Delegate from Cont., Mr. Dyer—by Mr. Hamilton,
—by Mr. Wilson by Mr. Carol, & by Mr. Madison, as leaving
the States too much to the bias of interest, as well as too uncertain
& tedious in the execution. In favr. of the Rept. was Mr. Rutledge
the father of it, who thought the honor of the States & their
mutual confidence a sufficient security agst. frauds & the suspicion
of them. Mr. Ghoram favd. the report also, as the least impracticable
mode, and as it was necessary to attempt at least some compliance
with the federal rule before any attempt could be properly
made to vary it. An opinion entertained by Massachusetts that
she was comparatively in advance to the U. S. made her anxious
for a speedy settlement of the mode by which a final apportionment
of the common burden cd. be effected. The sentiments of
the other members of the Committee were not expressed.

Mr. Hamilton proposed in lieu of a reference of the valuation
to the States, to class the lands throughout the States under distinctive
descriptions, viz: arable, pasture, wood, &c. and to annex
a uniform rate to the several classes according to their different
comparative value, calling on the States only for a return of the
quantities & descriptions. This mode would have been acceptable
to the more compact & populous States, but was totally inadmissible
to the Southern States.

Mr. Wilson proposed that returns of the quantity of land & of
the number of inhabitants in the respective States sd. be obtained,
and a rule deducted from the combination of these data. This
also would have affected the States in a similar manner with the
proposition of Mr. Hamilton. On the part of the S. States it was
observed that besides its being at variance with the text of the
Confederation it would work great injustice, as would every mode
which admitted the quantity of lands within the States, into the
measure of their comparative wealth and abilities.

Lastly it was proposed by Mr. Madison, that a valuation shd.
be attempted by Congress without the intervention of the States.
He observed that as the expense attending the operation would
come ultimately from the same pockets, it was not very material

whether it was borne in the first instance by Congress or the
States, and it at least deserved consideration whether this mode
was not preferable to ye. proposed reference to the States.

The conversation ended in the appt. of a sub-committee consisting
of Mr. Madison, Mr. Carol & Mr. Wilson who were desired
to consider the several modes proposed, to confer with the Superintendt.
of Finance, & make such report to the Gd. Come. as they
shd. judge fit.

WEDNESDAY, JANY. 15

A letter dated the 19th. of December from Genl. Greene was
recd. notifying the evacuation of Charleston. It was in the first
place referred to the Secy. of Congs. for publication; excepting
the passage which recited the exchange of prisoners, which being
contrary to the Resolution of the 16 of Ocr. agst. partial exchanges,
was deemed improper for publication. It was in the next place
referred to a come., in order that some complimentary report
might be made in favor of Genl. Greene & the Southn. army.
Docr. Ramsay havg. come in after this reference and being uninformed
of it, moved that a committee might be appointed to
devise a proper mode of expressing to Genl. Greene the high
sense entertained by Congress of his merits & services. In support
of his motion he went into lavish praises of Gl. Greene, and
threw out the idea of making him a Lieutent. General. His
motion being opposed as somewhat singular and unnecessary
after the reference of Genl. Greene's letter, he withdrew it.

A letter was red. from Genl. Washington inclosing a certificate
from Mr. Chittenden of Vermont acknowledging the receipt of
the communication which Gl. Washington had sent him of the
proceedings of Congress on the [fifth] of [December.][29]

THURSDAY JANY. 16

Mr. Rutledge informed Congress that there was reason to apprehend
that the train of negotiation in Europe had been so
misrepresented in the State of S. Carolina as to make it probable
that an attempt might be made in the Legislature to repeal the
confiscation laws of that State, & even if such attempt shd. fail, the
misrepresentations cd. not fail to injure the sale of property confiscated
in that State. In order therefore to frustrate these
misrepresentations he moved that the Delegates of S. Carolina
might be furnished with an extract from the letter of the 14th. of
Oct. from Docr. Franklin, so far as it informed Congress "that
something had been mentioned to the American Plenipotentiaries
relative to the Refugees & to English debts, but not insisted on;
it being answered on their part that this was a matter belonging to
the individual States and on which Congress cd. enter into no
stipulations." The motion was 2ded. by Mr. Jarvais, & supported
by Mr. Ramsay. It was opposed by Mr. Ellsworth & Mr. Wolcott
as improper, since a communication of this intelligence
might encourage the States to extend confiscations to British
debts, a circumstance which wd. be dishonorable to the U. S., &
might embarrass a treaty of peace. Mr. Fitzsimmons expressed
the same apprehensions, so did Mr. Ghoram. His Colleague
Mr. Osgood was in favr. of the motion. By Mr. Madison the
motion was so enlarged and varied as "to leave all the delegates
at liberty to communicate the extract to their constents. in such
form & under such cautions as they shd. judge prudent." The
Motion so varied was adopted by Mr. Rutledge, & substituted in
place of the original one. It was however still opposed by the
Opponents of the original motion. Mr. Madison observed that
as all the States had espoused in some degree the doctrine
of confiscations, & as some of them had given instructions
to their delegates on the subject, it was the duty of Congress
without inquiring into the expediency of Confiscations, to prevent
as far as they cd. any measures which might impede that object
in negotiations for peace, by inducing an opinion that the U. S.
were not firm with respect to it; that in this view it was of consequence
to prevent the repeal & even the attempt of a repeal of

the confiscation law of one of the States and that if a confidential
communication of the extract in question would answer such a
purpose, it was improper for Congress to oppose it. On a question
the motion was negatived, Congress being much divided thereon.
Several of those who were in the negative, were willing that the
Delegates of S. Carolina shd. be licensed to transmit to their
State what related to the Refugees, omitting what related to
British debts and invited Mr. Rutledge to renew his motion
in that qualified form. Others suggested the propriety of his
contradicting the misrepresentations in general without referring
to any official information recd. by Congress. Mr. R. said he wd.
think further on the subject, and desired that it might lie over.

FRIDAY JANY. 17TH.

The Com̃ite. on the motion of Mr. Peters of the [thirteenth] day
of [January] relative to a further application for foreign loans, reported
that they had conferred with the Superintendt of Finance,
& concurred in opinion with him, that the applications already on
foot were as great as could be made prudently, until proper funds
should be established. The latent view of this report was to
strengthen the argt. in favr. of such funds, and the report it was
agreed should lie on the table to be considered along with the report
which might be made on the memorial from the army, & which
wd. involve the same subject.

The report thanking Genl. Greene for his services was agreed to
without opposition or observation. Several however thought it
badly composed, and that some notice ought to have been taken
of Majr. Burnet Aid to Gl. G., who was the bearer of the letter announcing
the evacuation of Charleston.

Mr. Webster & Mr. Judd agents for the deranged officers of the
Massachusetts & Cont. lines were heard by the Gd. Committee in
favr. of their Constituents. The sum of their representations was
that the sd. officers were equally distressed for, entitled to, & in
expectation of provision for fulfilling the rewards stipulated to
them, as officers retained in service.

FROM FRIDAY 17 TO TUESDAY 21ST.

See Journals.

A letter from Mr. Adams, of the 8th. day of October 1782 containing
prophetic observations relative to the expedition of Ld.
Howe for the relief of Gibraltar & its consequences &c &c.,
excited &c &c

Another letter from do., relative to ye.. Treaty of Amity & Commerce
& ye. Convention with the States Genl. concerning vessels recaptured,
copies of which accompanied the letters. These papers
were committed to Mr. Madison Mr. Hamilton & Mr. Ellsworth.

Wednesday January 22 Congress adjourned to give the Come.
on the Treaty & Convention time to prepare a report thereon.

THURSDAY JANUARY 23

The Report of the Come. last mentioned consisting of a state of
the variations in the Treaty of Amity & Commerce with the States
General from the plan proposed by Congress, of a form of ratification
of the sd. Treaty & of the Convention, & of a proclamation
comprehending both was accepted & passed; the variations excepted
wch. were not meant to be entered on the journals. Both
the Committee & Congress were exceedingly chagrined at the extreme
incorrectness of the American copies of these national acts,
and it was privately talked of as necessary to admonish Mr.
Adams thereof, & direct him to procure with the concurrence of
the other party a more correct & perspicuous copy. The Report
of the Come. as agreed to havg. left a blank in the act of ratification
for the insertion of the Treaty & Convention, & these being contained
both in the Dutch & American languages the former column
signed by the Dutch Plenipos. only & the latter by Mr. Adams
only, the Secy. asked the direction of Congress whether both columns
or the American only ought to be inserted. On this point
several observations were made & different opinions expressed.
In general the members seemed to disapprove of ye. mode used & wd.
he. preferred ye. use of a neutral language. As to the request of the
Secy., Mr. Wilson was of opinion that the American columns only
sd. be inserted. Several others concurred in this opinion; supposing

that as Mr. Adams had only signed those columns, our ratifications
ought to be limited to them. Those who were of a different
opinion, considered the two parts as inseparable & as forming
one whole, & consequently that both ought to be inserted. The case
being a new one to Congress, it was proposed & admitted that the
insertion might be suspended till the next day, by which time
some authorities might be consulted on the subject.

A come., consisting of Mr. Madison, Mr. Mifflin & Mr. Williamson
reported in consequence of a motion of Mr. Bland, a list of
books proper for the use of Congress, and proposed that the Secy.
should be instructed to procure the same. In favr. of the Rept. it
was urged as indispensable that Congress shd. have at all times at
com̃and such authors on the law of Nations, treaties, Negotiations
&c as wd. render their proceedings in such cases conformable to
propriety; and it was observed that the want of this information
was manifest in several important acts of Congress. It was further
observed that no time ought to be lost in collecting every
book & tract which related to American antiquities & the affairs
of the U. S., since many of the most valuable of these were
every day becoming extinct, & they were necessary not only
as materials for a Hist: of the U. S., but might be rendered still
more so by future pretensions agst. their rights from Spain or other
powers which had shared in the discoveries & possessions of the
New World. Agst. the Report were urged 1st. the inconvenience
of advancing even a few hundred pounds at this crisis; 2dly, the
difference of expence between procuring the books during the
war & after a peace. These objections prevailed, by a considerable
majority. A motion was then made by Mr. Wilson, 2ded. by
Mr. Madison, to confine the purchase for the present to the most
essential part of the books. This also was negatived.

FRIDAY JANy. 24TH.

Some days prior to this sundry papers had been laid before
Congress by the War office, shewing that a Cargo of supplies
which had arrived at Wilmington for the British & German Prisoners
of War under a passport from the Comander in chief and
which were thence proceeding by land to their destination, had

been seized by sundry persons in Chester County under a law of
Pennsa., which required in such cases a license from the Executive
authority, which exposed to confiscation all Articles not necessary
for the prisoners, & referd. the question of necessity to the judgment
of its own Magistrates. Congress unanimously considered
the violation of the passport issued under yr. Authority as an
encroachment on their constitutional & essential rights; but being
disposed to get over the difficulty as gently as possible appointed
a Come., consisting of Mr. Rutledge, Mr. Wolcot & Mr.
Madison, to confer with the Executive of Pa. on the subject. In
the first conference the Executive represented to the Committee
the concern they felt at the incident, their disposition to respect
& support the dignity & rights of the federal Sovereignty; and
the embarrassments in which they were involved by a recent &
express law of the State to which they were bound to conform.
The Come. observed to them that the power of granting passports
for the purpose in question being inseparable from the general
power of war delegated, to Congress, & being essential for conducting
the war, it could not be expected that Congress wd. acquiesce
in any infractions upon it; that as Pa. had concurred in the
alienation of this power to Congress, any law whatever contravening
it was necessarily void, and cd. impose no obligation on
the Executive. The latter requested further time for a consideration
of the case & laid it before the Legislature then sitting; in
consequence of which a Come. of their body was appd., jointly with
the Executive to confer with the Committe of Congress. In this
2d. conference the first remarks made by the Come. of Congress
were repeated. The Come. of the Legislature expressed an unwillingness
to entrench on the jurisdiction of Congress, but some
of them seemed not to be fully satisfied that the law of the State
did so. Mr. Montgomery lately a member of Congress observed
that altho' the general power of war was given to Congress yet
that the mode of exercising that power might be regulated by the
States in any manner which wd. not frustrate the power, & which
their policy might require. To this it was answered that if Congress
had the power at all, it could not either by the Articles Of
Confederation or the reason of things admit of such a controuling
power in each of the States, & that to admit such a construction
wd. be a virtual surrender to the States of their whole federal
power relative to war, the most essential of all the powers delegated
to Congress. The Come. of the Legisre. represented as the
great difficulty with them, that even a repeal of the law wd. not
remedy the case without a retrospective law which their Constitution
wd. not admit of, & expressed an earnest desire that some
accommodating plan might be hit upon. They proposed in order
to induce the Seizors to waive their appeal to the law of the
State, that Congress wd. allow them to appt. one of two persons
who sd. have authority to examine into the supplies & decide
whether they comprehended any articles that were not warranted
by the passport. The Come. of Congress answered that whatever
obstacles might lie in the way of redress by the Legislature if no
redress proceeded from them, equal difficulties wd. lie on the other
side, since Congress in case of a confiscation of the supplies
under the law which the omission of some formalities reqd. by it
wd. probably produce, would be obliged by honor & good faith to
indemnify the Enemy for their loss out of the common treasury;
that the other States wd. probably demand a reimbursement to the
U. S. from Pa., & that it was impossible to say to what extremity
the affair might be carried. They observed to the Come. of the
Legre. and the Executive, that altho' Congress was disposed to
make all allowances, and particularly in the case of a law passed
for a purpose recom̃ended by themselves, yet they cd. not condescend
to any expedient which in any manner departed from the
respect wch. they owed to themselves & to the Articles of Union.
The Come. of Congress however suggested that as the only expedient
wch. wd. get rid of the clashing of the Power of Congress &
the law of the State, wd. be the dissuading the Seizors from their
appeal to the latter, it was probable that if the Seizors wd. apply
to Congress for Redress such steps wd. be taken as wd. be satisfactory.
The hint was embraced & both the Executive & the
Come. of the Legre. promised to use their influence with the persons
of most influence among the Seizors for that purpose. In
consequence thereof a memorial from[30] [see Journal] was sent in
to Congress, com̃ited to the same Come. of Congress, & their report
of this day agreed to in wch. the Presidt. of Pa. is requested to
appt. one of ye referees. It is proper to observe that this business
was conducted with great temper & harmony, & that Presidt.
Dickinson, in particulr., manifested throughout the course of it as
great a desire to save the rights & dignity of Congress as those of
the State over which he presided. As a few of the Seizors only
were parties to ye Memorial to Congress, it is still uncertain
wher. others may not adhere to their claims under the law in
wch. case all the embarrassments will be revived.

In a late report which had been drawn up by Mr. Hamilton,
and made to Congress, in answr. to a Memorial from the Legislature
of Pa., among other things shewing the impossibility Congress
had been under of payg. their Creditors it was observed that the
aid afforded by the Ct. of France had been appropriated by that
Court at the time to the immediate use of the army. This clause
was objected to as unnecessary, & as dishonorable to Congress.
The fact also was controverted. Mr. Hamilton & Mr. Fitzsimmons
justified the expediency of retaing. it, in order to justify
Congress the more completely in failing in their engagements to
the public Creditors. Mr. Wilson & Mr. Madison proposed to
strike out the words appropriated by France, & substitute the
words applied by Congress to the immediate & necessary support
of the army. This proposition wd. have been readily approved
had it not appeared on examination that in one or two small instances,
& particularly in the paymt. of the balance due to A.
Lee, Esqr., other applications had been made of the aid in question.
The Report was finally recommitted.

A letter from the Supert. of Finance was received & read, acquainting
Congress that as the danger from the Enemy which led
him into the Dept., was disappearing & that he saw little prospect
of provision being made without which injustice wd. take place of
which he wod. never be the Minister, he proposed not to serve
longer than may next, unless proper provision sd. be made. This
letter made a deep & solemn impression on Congress. It was considered
as the effect of despondence in Mr. Morris of seeing justice
done to the public Credrs., or the public finances placed on an
honorable establisht.; as a source of fresh hopes to the enemy

when known; as ruinous both to Domestic & foreign Credit; &
as producing a vacancy which none knew how to fill, & which no
fit man wd. venture to accept. Mr. Ghoram, after observing that
the Administration of Mr. Morris had inspired great confidence
and expectation in his State, & expressing his extreme regret at the
event, moved that the letter sd. be com̃it̃ed. This was opposed as
unnecessary & nugatory by Mr. Wilson, since the known firmness
of Mr. Morris, after deliberately taking a step wd. render all attempts
to dissuade him fruitless; and that as the Memorial from
the Army had brought the subject of funds before Congress, there
was no other object for a Come. The motion to commit was disagd.
to. Mr. Wilson then moved that a day might be assigned for
the consideration of the letter. Agst. the propriety of this was observed,
by Mr. Madison, that the same reasons which opposed a
comitmt opposed ye. assignment of any day. Since Congress cd.
not however anxious their wishes or alarming their apprehensions
might be, condescend to solicit Mr. Morris, even if there were a
chance of its being successful; & since it wd. be equally improper
for Congress however cogent a motive it might add in ye. mind of
every member to struggle for substantial funds, to let such a consideration
appear in their public acts on that subject. The motion
of Mr. Wilson was not passed. Congress supposing that a knowledge
of Mr. Morris's intentions wd. anticipate the ills likely
to attend his actual resignation, ordered his letter to be kept
secret.

Nothing being said to day as to the mode of insertion of the
Treaty & Convention with the States General the Secy. proceeded
in retaining both Columns.[31]

In consequence of the report to the Grand Come. on the memorial
from the army, by the sub-come., the following report was
made by the former to Congs., and came under consideration
to-day.

[32] The Grand Come. having considered the contents of the Meml.
presented by the army, find that they comprehend five different
articles.

1.

• present pay.

2.

• A settlement of accts. of the arrearages of pay and security
  for what is due.

3.

• A commutation of the half pay allowed by differt. resolutions
  of Congress for an equivalent in gross.

4.

• A settlemt. of the accts. of deficiencies of rations and compensation.

5.

• A settlement of accounts of deficiencies of cloathing & compensation.

The Come. are of opinion with respt. to the 1st., that the Superintendt.
of finance be directed, conformably to measures already
taken for that purpose, as soon as the State of the public finances
will permit, to make such payt. & in such manner as he shall think
proper till the further order of Congress.

With respect to the 2d. Art., so far as relates to the settlement
of accts., that the several States be called upon to compleate the settlemt.,
without delay, with their respective lines of the army up to
the—day of Aug; 1780; that the Supt. be also directed to
take such measures as shall appear to him most proper & effectual
for accomplishing the object in the most equitable & satisfactory
manner, havg. regard to former resolutions of Congs., & to the settlets.
made in consequence thereof.—And so far as relates to the
providing of security for what shall be found due on such settlemt.:
Resolved that the troops of the United States in common with all
the Creditrs. of the same, have an undoubted right to expect such
security—and that Congress will make every effort in their power
to obtain from the respective States general & substantial funds
adequate to the object of funding the whole debt of the U. S.;
and that Congs. ought to enter upon an immediate & full consideration
of the nature of such funds & the most likely mode of
obtaining them.

With respect to the 3d. Article, the Comme. are of opinion that it
will be expedient for Congs. to leave it to the option of all officers
entitled to half pay, either to preserve their claim to that provision
as it now stands by the several resolutions of Congs. upon that subject
or to acccept—years full pay to be paid to them in one year
after the conclusion of the war in money or placed upon good
funded security bearing an annual interest of 6 Pr. Ct., provided

that the allowance to widows & orphans of such officers as have
died or been killed or may die or be killed in the service during
the war shall remain as established by the resolution of the—
day of—.

With respect to the 4 & 5 Arts, the Come. beg leave to delay
their report untill they have obtained more precise information than
they now possess on the subject.

The 1st. Clause of this report relative to immediate pay passed
without opposition. The Supt. had agreed to make out 1 Month's
pay. Indeed, long before the arrival of the deputies from the
army he had made contingent & secret provision for that purpose;
and to ensure it now he meant if necessary to draw bills on the
late application for loans. The words "conformably to measures
already taken," referred to the above secret provision and were
meant to shew that the payment to the army did not originate in
the Memol., but in an antecedent attention to the wants of the
army.

In the discussion of the 2d. clause, the epoch of Aug. 1780 was
objected to by the Eastern delegates. Their States havg. settled
with their lines down to later periods, they wished now to obtain
the sanction of Congress to them. After some debate, a compromise
was proposed by Mr. Hamilton by substituting the last day
of Decr. 1780. This was agreed to without opposition altho' several
members disliked it. The latter part of the clause beginning
with the word Resolved, &c. was considered as a very solemn
point, and the basis of the plans by which the public engagements
were to be fulfilled & the Union cemented. A motion was made
by Mr. Bland to insert after the words "in their power," the
words "consistent with the Articles of Confederation." This
amendment as he explained it was not intended to contravene the
idea of funds extraneous to ye. federal articles, but to leave those
funds for a consideration subsequent to providing constitutional
ones. Mr. Arnold however eagerly 2ded. it. No question however
was taken on it, Congress deeming it proper to postpone the matter
till the next day, as of the most solemn nature; and to have as
full a representation as possible. With this view & to get rid of
Mr. Bland's motion they adjourned, & ordering all the members
not present & in town to be summoned.

SATURDAY, JANY. 25

The Secy. of Congress havg. suggested to a member that the
Contract with the Ct. of France specifying sums Due from the U.
S., altho' extremely generous on the part of the former had been
ratified without any such acknowledgmts. by the latter, that this
was the first instance in which such acknowledgmts. had been
omitted, & that the omission wd. be singularly improper at a time
when we were Soliciting further aids; the[se] observations being
made to Congress, the ratification [was] reconsidered, and the
words "impressed with," &c., inserted.

The rept. on the memorial was resumed. By Mr. Hamilton Mr.
Fitzsimmons & one or two others who had conversed with Mr.
Morris on the change of the last day of Decr. for the—day
of Augst., it was suggested that the change entirely contravened the
measures pursued by his Department; and moved for a reconsideration
of it in order to inquire into the subject. Without going
into Details they urged this a reason sufficient. The Eastern
Delegates, altho' they wished for unanimity & system in future
proceedings relative to our funds & finances were very stiff in retaining
the vote wch. coincided with the steps taken by their Constituents,
of this much complaint was made. Mr. Rutledge on
this occasion, alledging that Congress ought not to be led by general
suggestions derived from the office of finance, joined by Mr.
Gervais, voted agst. the reconsideration. The consequence was, yt.
S. Carola. was divided, & six votes only in favr. of the Reconsideration.
Mr. Hamilton havg. expressed his regret at the negative &
explained more exactly the interference of the change of the
Epoch with the measures & plans of the Office of Finance, wch.
had limited all State advances & settlemts. to Aug: 1780, Mr. Rutledge
acknowledged the sufficiency of the reasons & at his instance
the latter date was reinstated. On this 2d. question Cont.
also voted for Augst..[33]

Congress proceeded to the 3rd. Clause relative to the commutation
of half pay. A motion was made by Mr. Hamilton, to fill
the blank with "six" this was in conformity to tables of Dr.
Price, estimating the officers on the average of good lives. Liberality
in the rate was urged by several as necessary to give satisfaction
& prevent a refusal of the offer. For this motion there
were 6 ayes 5 noes; the Southern States & New York being in
the affirmative the Eastern & N. J. in the negative. Col. Bland
proposed 6½ erroneously supposing the negative of 6 to have proceeded
from its being too low. It was on the contrary rather
doubtful whether the East States wd. concur in any arrangemt. on
this head; so averse were they to what they call pensions. Several
having calculated that the annual amount of half-pay was
between 4 & 500,000 Drs. and the interest of the gross sum funded
at the rate of 6 years, nearly 2/3 of that sum, Congress were
struck with the necessity of proceeding with more caution & for
that purpose committed the report to a Committee of 5—Mr. Osgood,
Mr. Fitzsimmons, Mr. Gervais, Mr. Hamilton, and Mr.
Wilson.[34]

MONDAY, 27 JANY. 1783.

A letter from Genl. Washington was recd. notifying the death
of Lord Stirling & inclosing a report of the Officer sent to apprehend
Knowlton and Wells.

The following is an extract from the report: "He (one Israel
Smith) further sd. that Knowlton & Wells had recd. a letter from
Jonathan Arnold, Esqr. at Congress part of which was made public,
which informed them that affairs in Congress were unfavorable
to them & wd. have them to look out for themselves. What
other information this letter contained he cd. not say. I found
in my March thro' the State that the last mentioned Gentleman
was much in favor with all the principal men in that State I had
any conversation with."

Mr. Arnold being present at the reading informed Congress
that he was surprised how such a notion should have prevailed
with respect to him; that he had never held any correspondence
with either Knowlton or Wells, and requested that he might be
furnished with ye. extract above. In this he was indulged without
opposition. But it was generally considered notwithstanding
his denial of the correspondence, that he had at least at second
hand, conveyed ye. intelligence to Vermont.

A long petition was read, signed as alledged by near two thousand
inhabitants (but all in the same handwriting) of the territory
lately in controversy between Pa. & Va., complaining of the grievances
to which their distance from public authority exposed
them & particularly of a late law of Pena. interdicting even consultations
about a new State within its limits; and praying that
Congress wd. give a sanction to their independence & admit them
into the Union. The Petition lay on the table without a single
motion or remark relative to it.

The order of the day was called for, to wit the Resolution of
saturday last in favor of adequate & substantial funds.

The subject was introduced by Mr. Wilson with some judicious
remarks on its importance & the necessity of a thorough &
serious discussion of it. He observed that the U. States had in
the course of the revolution displayed both an unexampled activity
in resisting the enemy, and an unexampled patience under the
losses & calamities occasioned by the war. In one point only he
said they had appeared to be deficient & that was a cheerful
payment of taxes. In other free Govts. it had been seen that
taxation had been carried further & more patiently borne than
in States where the people were excluded from the Govts.. The
people considering themselves as the sovereign as well as the
subject; & as receiving with one hand what they paid with the
other. The peculiar repugnance of the people of the U. S. to
taxes he supposed proceeded first from the odious light in which
they have been under the old Govt., in the habit of regarding
them; 2dly., from the direct manner in wch. taxes in this country
had been laid; whereas in all other countries taxes were paid in
a way that was little felt at the time. That it could not proceed
altogether from inability he said must be obvious: Nay that the

ability of the U. S. was equal to the public burden might be demonstrated.
According to calculations of the best writers the inhabitants
of G. B. paid before the present war at the annual rate
of at least 25s Sterlg. per head. According to like calculations
the inhabitants of the U. S. before the revolution paid indirectly
& insensibly at the rate of at least 10s Sterlg. per head. According
to the computed depreciation of the paper emissions, the
burden insensibly borne by the inhabitants of the U. S. had
amounted during the first three or four years of the war to not
less than twenty Millions of dollars per annum, a burden too
which was the more oppressive as it fell very unequally on the
people. An inability therefore could not be urged as a plea for
the extreme deficiency of the revenue contributed by the States,
which did not amount during the past year, to 1/2 a Million of dollars,
that is to 1/6 of a dollar per head. Some more effectual mode
of drawing forth the resources of the Country was necessary. That
in particular it was necessary that such funds should be established
as would enable Congress to fulfill those engagements which they
had been enabled to enter into. It was essential he contended
that those to whom was delegated the power of making war &
peace should in some way or other have the means of effectuating
these objects; that as Congress had been under the necessity of
contracting a large debt justice required that such funds should
be placed in their hands as would discharge it; that such funds
were also necessary for carrying on the war; and as Congress
found themselves in their present situation destitute both of the
faculty of paying debts already contracted, and of providing
for future exigencies, it was their duty to lay that situation
before their constitutents; and at least to come to an éclaircissement
on the subject,[35] he remarked that the establisht. of certain
funds for payg. wd. set afloat the public paper; adding that a public
debt resting on general funds would operate as a cement to the
confederacy, and might contribute to prolong its existence, after
the foreign danger ceased to counteract its tendency to dissolution.
He concluded with moving that it be Resold..

"That it is the opinion of Congress that complete justice
cannot be done to the Creditors of the United States, nor the
restoration of public credit be effected, nor the future exigencies
of the war provided for, but by the establishment of general funds
to be collected by Congress."

This motion was seconded by Mr. Fitzsimmons. Mr. Bland
desired that Congress wd. before the discussion proceeded farther
receive a communication of sundry papers transmitted to the Virga.

Delegates by the Executive of that State; two of which had relation
to the question before Congress. These were 1st., a Resolution
of the Gen1. Assembly declaring its inability to pay more than
£50.000 Va. currency towards complying with the demands of
Congress. 2dly. the Act repealing the Act granting the impost of 5
Per Ct. These papers were received and read.

Mr. Wolcot expressed some astonishment at the inconsistency
of these two acts of Va.; supposed that they had an unfavorable
aspect on the business before Congress; & proposed that the
latter sd. be postponed for the present. He was not seconded.

Mr. Ghoram favored the general idea of the motion, animadverting
on the refusal of Virga. to contribute the necessary sums &

at the same moment repealing her conCurrence in the only
scheme that promised to supply a deficiency of contributions. He
thought the motion however inaccurately expressed, since the
word "general" might be understood to refer to every possible
object of taxation as well as to the operation of a particular tax
through [out] the States. He observed that the non-payment of
the 1,200,000 Drs. demanded by Congress for paying the interest of
the debts for the year—demonstrated that the constitutional
mode of annual requisitions was defective; he intimated that
lands were already sufficiently taxed [&] that polls & commerce
were the most proper objects. At his instance the latter part of
the motion was so amended as to run "establishment of permanent
& adequate funds to operate generally throughout the U. States."

Mr. Hamilton went extensively into the subject; the sum of it
was as follows he observed that funds considered as permanent
sources of revenue were of two kinds 1st. Such as would extend
generally & uniformly throughout the U. S., & wd. be collected
under the authority of Congs. 2dly., such as might be established
separately within each State, & might consist of any objects which
were chosen by the States, and might be collected either under
the authority of the States or of Congs. Funds of the 1st. kind he
contended were preferable; as being 1st., more simple, the difficulties
attending the mode of fixing the quotas laid down in the
Confederation rendering it extremely complicated & in a manner
insuperable; 2dly., as being more certain: since the States according
to the secd. plan wd. probably retain the collection of the revenue,
and a vicious system of collection prevailed generally
throughout the U. S. a system by which the collectors were chosen
by the people & made their offices more subservient to their popularity
than to the public revenue; 3d., as being more economical
Since the collection would be effected with fewer officers under
the management of Congress than under that of the States.

Mr. Ghoram observed that Mr. Hamilton was mistaken in the
representation he had given of the collection of taxes in several
of the States; particularly in that of Massachusetts; where the
collection was on a footing which rendered it sufficiently certain.
Mr. Wilson having risen to explain some things which had fallen
from him; threw out the suggestion that several branches of the

Revenue if yielded by all the States, would perhaps be more just
& satisfactory than any single one; for example An impost on
trade combined with a land tax.

Mr. Dyer expressed a strong dislike to a Collection by officers
appointed under Congress & supposed the States would never be
brought to consent to it.

Mr. Ramsay was decidedly in favor of the proposition. Justice
he said entitled those who had lent their money & services to the
U. S. to look to them for payment; that if general & certain revenues
were not provided, the consequence wd. be that the army &
public Creditors would have soon to look to their respective
States only for satisfaction; that the burden in this case wd. fall unequally
on the States; that rivalships relative to trade wd. impede
a regular impost & would produce confusion amg. the States; that
some of the States would never make of themselves provision for
half pay and that the army wd. be so far defrauded of the rewards
stipulated to them by Congress; that altho it might be uncertain
whether the States wd. accede to plans founded on ye. proposition
before the house, yet as Congress was convinced of its truth &
importance it was their duty to make the experiment.

Mr. Bland thought that the ideas of the States on the subject
were so averse to a general revenue in the hands of Congs. that if
such a revenue were proper it was unattainable; that as the deficiency
of the contributions from the States proceeded, not from
their complaints of their inability[36] but of the inequality of the apportionments,
it would be a wiser course to pursue the rule of the
Confederation, to-wit to ground the requisition on an actual valuation
of lands; that Congress wd. then stand on firm ground &
try a practicable mode.

TUESDAY, JANY. 28TH, 1783

The subject yesterday under discussion was resumed. A division
of the question was called for by Mr. Wolcott so as to leave
a distinct question on the words "to be collected by Congress,"
wch. he did not like.

Mr. Wilson considered this mode of collection as essential to
the idea of a general revenue. Since without it the proceeds of
the revenue wd. depend entirely on the punctuality energy &
unanimity of the States, the want of which led to the present
consideration.

Mr. Hamilton was strenuously of the same opinion. Mr. Fitzsimmons
informed Congress that the Legislature of Penna. had, at
their last meeting been dissuaded from appropriating their revenue
to the payment of their own Citizens Creditors of the U. S., instead
of remitting it to ye. Continental treasury; merely by the urgent
representations of a Committee of Congress & by the hope
that some general system in favr. of all the public creditors would
be adopted; that the Legislature were now again assembled; and
altho sensible of the tendency of such an example, thought it their
duty & meant in case the prospect of such a system vanished to
proceed immediately to the separate appropriations formerly in
contemplation.

On the motion of Mr. Madison, the whole proposition was new-modelled,
as follows:

"That it is the opinion of Congress that the establishment of
permanent & adequate funds to operate generally throughout the
U. States is indispensably necessary for doing complete justice to
the Creditors of the U. S., for restoring public credit and for providing
for the future exigencies of the war." The words "to be
collected under the authority of Congress" were as a separate
question left to be added afterwards.

Mr. Rutledge objected to the term "generally" as implying a
degree of uniformity in the tax which would render it unequal.
He had in view particularly a land tax according to quañty as had
been proposed by the office of finance. He thought the prejudices
of the people opposed the idea of a general tax; & seemed
on the whole to be disinclined to it himself, at least if extended
beyond an impost on trade; urging the necessity of pursuing a
valuation of land, and requisitions grounded thereon. Mr. Lee
2ded. the opposition to the term "general," he contended that the
States wd. never consent to a uniform tax because it wd. be unequal;
that it was moreover repugnant to the articles of confederation;
and by placing the purse in the same hands with the

sword, was subversive of the fundamental principles of liberty.
He mentioned the repeal of the impost by Virga., himself alone opposing
it & that too on the inexpediency in point of time—as
proof of the aversion to a general revenue. He reasoned upon the
subject finally as if it was proposed that Congress sd. assume & exercise
a power immediately & without the sanction of the States,
of levying money on them in consequence.

Mr. Wilson rose & explained the import of the motion to be
that Congress should recommend to the States the investing them
with power. He observed that the Confederation was so far
from precluding, that it expressly provided for future alterations;
that the power given to Congress by that Act was too little not too
formidable, that there was more of a centrifugal than centripetal
force in ye. States & that ye. funding of a common debt in the manner
proposed would produce a salutary invigoration and cement to
the Union.

Mr. Elseworth acknowledged himself to be undecided in his
opinion; that on one side he felt the necessity of continental
funds for making good the continental engagements, but on the
other desponded of a unanimous concurrence of the States in
such an establishment. He observed that it was a question of great
importance, how far the federal Govt. can or ought to exert coercion
against delinquent members of the confederacy; & that
without such coercion no certainty could attend the constitutional
mode which referred every thing to the unanimous punctuality of
thirteen different councils. Considering therefore a continental
revenue as unattainable, and periodical requisitions from Congress
as inadequate, he was inclined to make trial of the middle
mode of permanent State funds, to be provided at the recommendation
of Congs., and appropriated to the discharge of the
common debt.

Mr. Hamilton, in reply to Mr. Elseworth, dwelt long on the inefficacy
of State funds. He supposed too that greater obstacles
would arise to the execution of the plan than to that of a general
revenue. As an additional reason for the latter to be collected by
officers under the appointment of Congress, he signified that as
the energy of the federal Govt. was evidently short of the degree
necessary for pervading & uniting the States it was expedient to

introduce the influence of officers deriving their emoluments from
& consequently interested in supporting the power of, Congress.[37]

Mr. Williamson was of opinion that continental funds altho'
desirable, were unattainable at least to the full amount of the
public exigencies. He thought if they could be obtained for the
fereign debt, it would be as much as could be expected, and that
they would also be less essential for the domestic debt.

Mr. Madison observed that it was needless to go into proofs of
the necessity of payg. the public debts; that the idea of erecting
our national independence on the ruins of public faith and national
honor must be horrid to every mind which retained either
honesty or pride; that the motion before Congress contained a
simple proposition with respect to the truth of which every member
was called upon to give his opinion. That this opinion must
necessarily be in the affirmative, unless the several objects: of doing
justice to the public creditors, &c &c. could be compassed
by some other plan than the one proposed, that the 2 last objects
depended essentially on the first; since the doing justice to the
Creditors alone wd. restore public credit, & the restoration of this
alone could provide for ye. future exigencies of the war. Is then
a continental revenue indispensably necessary for doing complete
justice &c? This is the question. To answer it the other
plans proposed must first be reviewed.

In order to do complete justice to the public creditors, either
the principal must be paid off, or the interest paid punctually.
The 1st. is admitted to be impossible on any plan. The only
plans opposed to the continl. one for the latter purpose are 1.
periodical requisitions according to the federal articles; 2dly.
permanent funds established by each State within itself & the
proceeds consigned to the discharge of public debts.

Will ye. 1st. be adequate to the object? The contrary seems to

be maintained by no one. If reason did not sufficiently premonish
experience has sufficiently demonstrated that a punctual &
unfailing compliance by 13 separate & independent Govts. with
periodical demands of money from Congress, can never be reckoned
upon with the certainty requisite to Satisfy our present
creditors, or to tempt others to become our creditors in future.

2dly. Will funds separately established within each State & the
amount submitted to the appropriation of Congress be adequate
to the object? The only advantage which is thought to recommend
this plan is that the States will be with less difficulty prevailed
upon to adopt it. Its imperfections are 1st. that it must be
preceded by a final and satisfactory adjustment of all accts. between
the U. S. and individual States; and by an apportionment
founded on a valuation of all the lands throughout each of the
States in pursuance of the law of the confederation; for although
the States do not as yet insist on these pre-requisities in
ye. case of annual demands on them, with wch. they very little
comply & that only in the way of an open acct., yet these conditions
wd. certainly be exacted in case of a permanent cession of
revenue; and the difficulties & delays to say the least incident
to these conditions can escape no one. 2dly. the produce of the
funds being always in the first instance in the hands & under the
control of the States separately, might at any time & on various
pretences, be diverted to State objects. 3dly., that jealousy which
is as natural to the States as to individuals & of which so many
proofs have appeared, that others will not fulfil their respective
portions of the common obligations, will be continually & mutually
suspending remittances to the common treasury, until it
finally stops them altogether. These imperfections are too radical
to be admitted into any plan intended for the purposes in question.

It remains to examine the merits of a plan of a general revenue
operating throughout ye. U. S. under the superiñdence of
Congress.

One obvious advantage is suggested by the last objection to
separate revenues in the different States; that is, it will exclude
all jealousy among them on that head, since each will know whilst
it is submitting to the tax, that all the others are necessarily at
the same instant bearing their respective portions of the burden.

Again, it will take from the States the opportunity as well as the
temptation to divert their incomes from the general to internal
purposes since these incomes will pass directly into the treasury of
the U. S.

Another advantage attending a general revenue is that in case
of the concurrence of the States in establishing it, it would become
soonest productive; and would consequently soonest obtain
the objects in view. Nay so assured a prospect would give instantaneous
confidence and content to the public creditors at
home & abroad, and place our affairs in a most happy train.

The consequences with respect to the Union, of omitting such
a provision for the debts of the Union also claims particular attention.
The tenor of the memorial from Penna., and of the information
just given on the floor by one of its Delegates, (Mr.
Fitzsimmons,) renders it extremely probable that that State would
as soon as it sd. known that Congress had declined such provision
or the States rejected it, appropriate the revenue required
by Congress to the payment of its own Citizens & troops, creditors
of the U. S. The irregular conduct of other States on this
subject enforced by such an example could not fail to spread the
evil throughout the whole continent. What then wd. become of
the confederation? What wd. be the authority of Congress?
wt. the tie by which the States cd. be held together? what the
source by which the army could be subsisted & clothed? What
the mode of dividing & discharging our foreign debts? What
the rule of settling the internal accts.? What the tribunal by
which controversies amg. the States could be adjudicated?

It ought to be carefully remembered that this subject was
brought before Congress by a very solemn appeal from the army
to the justice & gratitude of their Country. Besides immediate
pay, they ask for permanent Security for arrears. Is not this request
a reasonable one? Will it be just or politic to pass over
the only adequate security that can be devised, & instead of fulfilling
the stipulations of the U. S. to them, to leave them to seek
their rewards separately from the States to which they respectively
belong? The patience of the army has been equal to their
bravery, but that patience must have its limits; and the result of
despair cannot be foreseen, nor ought to be risked.

It has been objected agst. a general revenue that it contravenes
the articles of confederation. These Articles as has been observed
have presupposed the necessity of alterations in the federal
system, & have left a door open for them. They moreover
authorize Congress to borrow money. Now in order to borrow
money permanent & certain provision is necessary, & if this provision
cannot be made in any other way as has been shewn, a
general revenue is within the spirit of the Confederation.

It has been objected that such a revenue is subversive of the
sovereignty & liberty of the States. If it were to be assumed
without the free gift of the States this objection might be of force,
but no assumption is proposed. In fact Congress are already
invested by the States with the constitutional authority over the
purse as well as the sword. A general revenue would only give
this authority a more certain & equal efficacy. They have a right
to fix the quantum of money necessary for the common purposes.
The right of the States is limited to the mode of supply. A
requisition of Congress on the States for money is as much a law
to them; as their revenue Acts when passed are laws to their
respective Citizens. If for want of the faculty or means of enforcing
a requisition, the law of Congress proves inefficient;
does it not follow that in order to fulfil the views of the federal
constitution, such a change sd. be made as will render it efficient?
Without such efficiency the end of this Constitution, which is to
preserve order & justice among the members of the Union, must
fail; as without a like efficiency would the end of State Constitutions
wch. is to preserve like order & justice among their respective
members.

It has been objected that the States have manifested such
aversion to the impost on trade as renders any recommendations
of a general revenue hopeless & imprudent. It must be admitted
that the conduct of the States on that subject is less encouraging
than were to be wished. A review of it however does not excite
despondence. The impost was adopted immediately & in its utmost
latitude by several of the States. Several also which complied
partially with it at first, have since complied more liberally.
One of them after long refusal has complied substantially. Two
States only have failed altogether & as to one of them it is not

known that its failure has proceeded from a decided opposition
to it. On the whole it appears that the necessity & reasonableness
of the scheme have been gaining ground among the States.
He was aware that one exception ought to be made to this inference;
an exception too wch. it peculiarly concerned him to advert
to. The State of Virga., as appears by an Act yesterday laid before
Congress has withdrawn its assent once given to the scheme.
This circumstance cd. not but produce some embarrassment in a
representative of that State advocating the Scheme, one too
whose principles were extremely unfavorable to a disregd. of the
sense of Constituents. But it ought not to deter him from listening
to considerations which in the present case ought to prevail
over it. One of these considerations was that altho' the delegates
who compose Congress, more immediately represented &
were amenable to the States from which they respectively come,
yet in another view they owed a fidelity to the collective interests
of the whole. 2dly., Although not only the express instructions,
but even the declared sense of constituents as in the present case,
were to be a law in general to their representatives, still there
were occasions on which the latter ought to hazard personal consequences
from a respect to what his clear conviction determines
to be the true interest of the former; and the present he conceived
to fall under this exception. Lastly the part he took on
the present occasion was the more fully justified to his own mind,
by his thorough persuasion that with the same knowledge of
public affairs which his station commanded the Legislature of
Va. would not have repealed the law in favor of the impost &
would even now rescind the repeal.

The result of these observations was that it was the duty of
Congress under whose author̃y the public debts had been contracted
to aim at a general revenue as the only means of discharging
them; & that this dictate of justice & gratitude was
enforced by a regard to the preservation of the confederacy, to
our reputation abroad & to our internal tranquillity.

Mr. Rutledge complained that those who so strenuously urged
the necessity & competency of a general revenue[38] operating

throughout all the States at the same time, declined specifying
any general objects from which such a revenue could be drawn.
He was thought to insinuate that these objects were kept back
intentionally untill the general principle cd. be irrevocably fixed
when Congs. would be bound at all events to go on with the project;
whereupon Mr. Fitzsimmons expressed some concern at
the turn wch. the discussion seemed to be taking. He said, that
unless mutual confidence prevailed no progress could be made
towards the attainment of those ends wch. all in some way or other
aimed at. It was a mistake to suppose that any specific plan had
been preconcerted among the patrons of a general revenue.

Mr. Wilson with whom the motion originated gave his assurances
that it was neither the effect of preconcert with others,
nor of any determinate plan matured by himself, that he had
been led into it, by the declaration on Saturday last by Congs.
that substantial funds ought to be provided, by the memorial of
the army from which that declaration had resulted by the memorial
from the State of Pa., holding out the idea of separate
appropriations of her revenue unless provision were made for
the public creditors, by the deplorable & dishonorable situation
of public affairs which had compelled Congress to draw bills on
the unpromised & contingent bounty of their Ally, and which
was likely to banish the Superintt. of Finance whose place cd. not
be Supplied, from his department. He observed that he had not
introduced detail[s] into the debate because he thought them premature,
until a general principle should be fixed; and that as
soon as the principle sd. be fixed he would altho not furnished
with any digested plan, contribute all in his power to the forming
such a one.

Mr. Rutledge moved that the proposition might be committed
in order that some practicable plan might be reported, before
Congress sd. declare that it ought to be adopted.

Mr. Izard 2ded. the motion, from a conciliatory view.

Mr. Madison thought the commitment unnecessary; and would
have the appearance of delay; that too much delay had already
taken place, that the deputation of the army had a right to expect
an answer to their memorial as soon as it could be decided
by Congress. He differed from Mr. Wilson in thinking that a

specification of the objects of a general revenue would be improper,
and thought that those who doubted its practicabily. had
a right to expect proof of it from details before they cd. be expected
to assent to the general principle; but he differed also
from Mr. Rutledge, who thought a commitment necessary for the
purpose; since his views would be answered by leaving the
motion before the house and giving the debate a greater latitude.
He suggested as practicable objects of a general revenue. 1st. an
impost on trade 2dly. a poll tax under certain qualifications 3dly. a
land-tax under do.[39]

Mr. Hamilton suggested a house & window-tax he was in
favor of the mode of conducting the business urged by Mr.
Madison.

On the motion for the commt., 6 States were in favor of it, &
5 agst. it, so it was lost, in this vote the merits of the main proposition
very little entered.

Mr. Lee said that it was a waste of time to be forming resolutions
& settling principles on this subject. He asked whether
these wd. ever bring any money into the public treasury. His
opinion was that Congress ought in order to guard agst. the inconvenience
of meetings of the different Legislatures at different &
even distant periods, to call upon the Executives to convoke
them all at one period, & to lay before them a full state of our
public affairs. He said the States would never agree to those
plans which tended to aggrandize Congress; that they were
jealous of the power of Congress, & that he acknowledged himself
to be one of those who thought this jealousy not an unreasonable
one; that no one who had ever opened a page or read a line
on the subject of liberty, could be insensible to the danger of
surrendering the purse into the same hands which held the sword.

The debate was suspended by an adjournment.

WEDNESDAY, JANY. 29TH. 1783

Mr. Fitzsimmons reminded Congress of the numerous inaccuracies
& errors in the American column of the Treaty with
Holland and proposed that a revision of it as ratified should take
place in order that some steps might be taken for redressing this
evil, he added that an accurate comparison of it with the treaty
with France ought also to be made for the purpose of seeing
whether it consisted in all its parts with the latter.[40] He desired
the Committee who had prepared the ratification to give some
explanation on the subject to Congress.

Mr. Madison, as first on that Committee informed Congress,
that the inaccuracies & errors consisting of mis-spelling, foreign
idioms, & foreign words, obscurity of the sense &c were attended
to by the Committee & verbally noted to Congress when their
report was under consideration; that the Committee did not
report in writing, as the task was disagreeable, and the faults were
not conceived to be of sufficient weight to affect the ratification.
He thought it wd. be improper to reconsider the act as had been
suggested, for the purpose of suspending it on that or any other
acct., but had no objection if Congress were disposed, to instruct
Mr. Adams to substitute with the consent of the other party a
more correct counterpart in the American language. The subject
was dropped, nobody seeming inclined to urge it.

On the motion of Mr. Rutledge & for the purpose of extending
the discussion to particular objects of General Revenue Congress
resolved itself into a Committee of the whole to consider of the
most effectual means of restoring public credit; and the proposition
relative to general revenue was referred to the Committee.
Mr. Carroll was elected into the chair, & the proposition taken up.[41]

Mr. Bland proposed to alter the words of the proposition so as
to make it read establisht. of funds "on taxes or duties, to operate
generally &c." This was agreed to as a more correct phraseology.
Mr. Hamilton objected to it at first, supposing thro' mistake that
it might exclude the back lands which was a fund in contemplation
of some gentlemen.

Mr. Madison, having adverted to the jealousy of Mr. Rutledge
of a latent scheme to fix a tax on land according to its quantity,
moved that between the words "generally" & "to operate"
might be inserted the words "and in just proportion."

Mr. Wilson said he had no objection to this amendmt., but that
it might be referred to the taxes individually, & unnecessarily
fetter Congress; since if the taxes collectively should operate in
just proportion, it wd. be sufficient. He instanced a land-tax &
an impost on trade, the former of which might press hardest on
the Southn., & the latter on the Eastn., but both together might

distribute the burden pretty uniformly. From this consideration
he moved that the words "on the whole" might be prefixed to
the words "in just proportion." This amendt. to the amendment
of Mr. Madison was 2ded. by Mr. Boudinot & agreed to without
opposition as was afterwards the whole amendmt..

Mr. Wilson in order to leave the scheme open for the back
lands as a fund for paying the public debts, moved that the proposition
might be further altered so as to read "indispensably
necessary towards doing complete justice &c."—The motion was
2ded. by Mr. Boudinot, & passed without opposition.

The main proposition by Mr. Wilson as thus amended then
passed without opposition; in the words following: "That it is
the opinion of Congress that the establishment of permanent &
adequate funds on taxes or duties which shall operate generally &
on the whole in just proportion throughout the U. S., are indispensably
necessary towards doing complete justice to the public
Creditors, for restoring public Credit, & for providing for the
future exigencies of the War."

Mr. Bland proposed as the only expedient that cd. produce immediate
relief to the public Creditors, that, Congress sd. by a fixed
resolution appropriate to the payment of interest all the monies
which should arise from the requisitions on the States. He
thought this would not only give immediate relief to the public
Creditors, but by throwing into circulation the stagnant securities,
enliven the whole business of taxation. This proposition was not
2ded.

Mr. Wilson proceeded to detail to Congress his ideas on the
subject of a continental revenue. He stated the internal debt
liquidated & unliquidated at 21 Million of Dollrs. the foreign debt
at 8 Million, the actual deficiency of 1782 at 4 Million, the
probable deficiency of '83 at 4 Million. Making, in the whole 37
Million; which in round numbers & probably without exceeding
the reality may be called 40 Million. The interest of this
debt at 6 Per Ct., is 2,400,000 Drs., to which it will be prudent to
add 600,000, which if the war continues will be needed, and in
case of peace may be applied to a navy. An annual revenue of 3
Million of Drs. then is the sum to be aimed at, and which ought to
be under the management of Congs. One of the objects already

mentioned from wch. this revenue was to be sought, was a poll tax.
This he thought was a very proper one, but unfortunately the
Constitution of Maryland which forbids this tax is an insuperable
obstacle. Salt he thought a fit article to be taxed, as it is consumed
in a small degree by all and in great quantities by none.
It had been found so convenient a subject of taxation, that among
all nations which have a system of revenue, it is made a material
branch. In England a considerable sum is raised from it. In
France it is swelled to the sum of 54,000,000 of Livres. He
thought it would be improper to levy this tax during the war
whilst the price wd. continue so high, but the necessary fall of
price at the conclusion of it wd. render the tax less sensible to the
people. The suspension of this particular tax during the war
would not be inconvenient as it might be set apart for the debt
due to France on which the interest would not be called for during
the war. He computed the quantity of salt imported into the
U. S. annually at 3 Million of Bushels, & proposed a duty of 1/3 of
a Dollar per bushel which wd. yield 100,000 Drs. This duty he observed
wd. press hardest on the Eastern States, on acct. of the extraordinary
consumption in the fisheries.

The next tax which he suggested was on land. 1 Dollar on
every 100 Acres according to the computation of the Superintendt.
of finance would produce 500,000 Dollrs. This computation he
was persuaded might be doubled. Since there could not be less
than 100 Millions of Acres comprehended within the titles of individuals
which at 1 Dr. per 100 Acres yields 1,000,000 of Dollars.
This tax could not be deemed too high, & would bear heaviest
not on the industrious farmer, but on the great land-holder. As
the tax on Salt would fall with most weight on the Eastern States,
the equilibrium would be restored by this which would be most
felt by the Middle and Southern States.

The impost on trade was another source of revenue which altho'
it might be proper to vary it somewhat in order to remove particular
objections, ought to be again & again urged upon the States
by Congress. The office of Finance has rated this at 500,000
Dollars. He thought a peace would double it in which case the
sum of 3,000,000 Drs. would be made up. If these computations
however should be found to be too high there will still be other

objects which would bear taxation. An Excise he said had been
mentioned. In general this species of taxation was tyrannical &
justly obnoxious, but in certain forms had been found consistent
with the policy of ye. freest States. In Massachusetts a State remarkably
jealous of its liberty, an Excise was not only admitted
before but continued since the revolution. The same was the
case with Penna., also remarkable for its freedom. An Excise if so
modified as not to offend the spirit of liberty may be considered
as an object of easy & equal revenue. Wine & imported spirits
had borne a heavy Excise in other Countries, and might be
adopted in ours. Coffee is another object which might be included.
The amount of these three objects is uncertain but
materials for a satisfactory computation might be procured.
These hints & remarks he acknowledged to be extremely imperfect
& that he had been led to make them solely by a desire to
contribute his mite towards such a system as would place the
finances of the U. S. on an honorable and prosperous footing.

Mr. Ghoram observed that the proposition of Mr. Bland, however
salutary its tendency might be in the respects suggested,
could never be admitted because it would leave our army to
starve, and all our affairs to stagnate during its immediate operation.
He objected to a duty on salt as not only bearing too
heavily on the Eastn. States, but as giving a dangerous advantage
to Rivals in the fisheries. Salt he sd. exported from England for
the fisheries is exempted particularly from duties. He thought
it would be best to confine our attention for the present to the
impost on trade which had been carried so far towards an accomplishment,
and to remove the objections which had retarded
it, by limiting the term of its continuance, leaving to the States
the nomination of the collectors, and by making the appropriation
of it more specific.

Mr. Rutledge was also for confining our attention to the Impost,
& to get that before any further attempts were made. In
order to succeed in getting it however he thought it ought to be
asked in a new form. Few of the States had complied [with]
the recommendation of Congs., literally. Georgia had [not] yet
complied. Rhode Island had absolutely refused to comply at
all. Virga., which at first complied but partially has since

rescinded even that partial compliance. After enumerating the
several objections urged by the States agst. the scheme, he proposed
in order to remove them the following resolution; viz:

"that it be earnestly recommended to the several States to
impose & levy a duty of 5 Per Ct. ad valorem, at the time & place
of importation, on all goods, wares & merchandizes of foreign
growth & manufacture wch. may be imported into the said States
respectively, except goods of the U. S. or any of them, and a like
duty on all prizes & prize goods condemned in the Court of
admiralty of said States; that the money arising from such
duties be paid into the continental Treasury, to be appropriated
& applied to the payment of the interest and to sink the principal
of the money which the U. S. have borrowed in Europe & of
what they may borrow, for discharging the arrears due to the
army & for the future support of the war & to no other use or
purpose whatsoever; that the said duties be continued for 25
years unless the debts above md. be dicharged in the mean time,
in which case they shall cease & determine; that the money
arising from the said duties & paid by any State, be passed to
the credit of such State on account of its quota of the debt of
the U. States." The motion was seconded by Mr. Lee.

Mr. Woolcot opposed the motion as unjust towards those
States which having few or no ports receive their merchandize
through the ports of others; repeating the observation that it is
the consumer & not the importer who pays the duty. He again
animadverted on the conduct of Virga. in first giving & afterwards
withdrawing her assent to the Impost recommended by
Congress.

Mr. Elseworth thought it wrong to couple any other objects
with the Impost; that the States would give this if any thing;
and that if a land tax or an excise were combined with it, the
whole scheme would fail. He thought however that some modification
of the plan recommended by Congs. would be necessary.
He supposed when the benefits of this contin1. revenue should be
experienced it would incline the States to concur in making additions
to it. He abetted the opposition of Mr. Woolcot to the
motion of Mr. Rutledge which proposed that each State should
be credited for the duties collected within its ports; dwelt on

the injustice of it, said that Connecticut, before the revolution
did not import 1/50, perhaps not 1/100, part of the merchandize
consumed within it, and pronounced that such a plan wd. never be
agreed to. He concurred in the expediency of new-modelling
the scheme of the impost by defining the period of its continuance;
by leaving to the State the nomination, & to Congress the
appointment of Collectors or vice versa; and by a more determinate
appropriation of the revenue. The first object to
which it ought to be applied was he thought, the foreign debt.
This object claimed a preference as well from the hope of facilitating
further aids from that quarter, as from the disputes into
wch. a failure may embroil the U. S. The prejudices agst. making
a provision for foreign debts which sd. not include the domestic
ones was he thought unjust & might be satisfied by immediately
requiring a tax in discharge of which loan-office certificates should
be receivable. State funds for the domestic debts would be
proper for subsequent consideration. He added, as a further
objection against crediting the States for the duties on trade
respectively collected by them, that a mutual jealousy of injuring
their trade by being foremost in imposing such a duty would
prevent any from making a beginning.

Mr. Williamson said, that Mr. Rutledge's motion at the same
time that it removed some objections, introduced such as would
be much more fatal to the measure. He was sensible of the
necessity of some alerations, particularly in its duration & the
appointment of the Collectors. But the crediting the States
severally for the amount of their collections was so palpably unjust
& injurious that he thought candor required that it should
not be persisted in. He was of opinion that the interest of the
States, which trade for others, also required it, since such an
abuse of the advantage possessed by them would compel the
States for which they trade to overcome the obstacles of nature
& provide supplies for themselves. N. Carolina he said would
probably be supplied pretty much thro Virga., if the latter forbore
to levy a tax on the former, but in case she did not forbear,
the ports of N. C., which are nearly as deep as those of Holland,
might & probably wd. be substituted. The profits drawn
by the more commercial States from the business they carry on

for the others, were of themselves sufficient & ought to satisfy
them.

Mr. Ramsay differed entirely from his colleague (Mr. Rutledge).
He thought that as the consumer pays the tax, the crediting the
States collecting the impost, unjust. N. Carolina, Maryland, N.
Jersey & Connecticut would suffer by such a regulation and
would never agree to it.

Mr. Bland was equally agst. the regulation. He thought it replete
with injustice & repugnant to every idea of finance. He
observed that this point had been fully canvassed at the time
when the impost was originally recommended by Congress, &
finally exploded. He was indeed he said opposed to the whole
motion (of Mr. Rutledge). Nothing would be a secure pledge to
Creditors that was not placed out of the Countrol of the grantors.
As long as it was in the power of the States to repeal their
grants in this respect, suspicions would prevail, & wd. prevent
loans. Money ought to be apprõated by the States as it is by
the Parliament of G. B. He proposed that the revenue to be
Solicited from the States should be irrevocable by them without
the consent of Congress, or of nine of the States. He disapproved
of any determinate limitation to the continuance of the
revenue, because the continuance of the debt could not be fixed
and that was the only rule that could be proper or satisfactory.
He said he should adhere to these ideas in the face of the Act of
Virga. repealing her assent to the impost; that it was trifling with
Congs. to enable them to contract debts, & to withhold from them
the means of fulfilling their contracts.

Mr. Lee said he seconded the motion of Mr. Rutledge, because
he thought it most likely to succeed; that he was persuaded the
States would not concur in the impost on trade without a limitation
of time affixed to it. With such a limitation and the right of
collection, he thought Virga., R. Island & the other States probably
wd. concur. The objection of his Colleague, (Mr. Bland) he
conceived to be unfounded: No Act of the States could be
irrevocable, because if so called it might notwithstanding be repealed.
But he thought there wd. be no danger of a repeal, observing
that the national faith was all the security that was given
in other countries, or that could be given. He was sensible that

something was of necessity to be done in the present alarming
crisis; and was willing to strike out the clause crediting the States
for their respective collections of the revenue on trade, as it was
supposed that it wd. impede the measure.

Mr. Hamilton disliked every plan that made but partial provision
for the public debts; as an inconsistent & dishonorable departure
from the declaration made by Congs. on that subject. He
said the domestic Creditors would take the alarm at any distinctions
unfavorable to their claims; that they would withhold their
influence from any such measures recommended by Congress;
and that it must be principally from their influence on their respective
legislatures that success could be expected to any application
from Congs. for a general revenue.

THURSDAY, 30 JANY.

The answer to the Memorials from the Legislature of Penna.
was agreed to as it stands on the Journal, N. Jersey alone
dissenting.[42]

In the course of its discussion several expressions were struck
out which seemed to reprehend the States for the deficiency of
their contributions. In favor of these expressions it was urged
that they were true and ought to be held forth as the cause of the
public difficulties in justification of Congress. On the other side

it was urged yt. Congress had in many respects been faulty as well
as the States, particularly in letting their finances become so disordered
before they began to apply any remedy; and that if this
were not the case, it would be more prudent to address to the
States a picture of the public distresses & danger, than a satire
on their faults; since the latter would only irritate them; whereas
the former wd. tend to lead them into the measures supposed by
Congress to be essential to the public interest.

The propriety of mentioning to the Legislature of Penna. the
expedt. into which Congress had been driven of drawing bills on
Spain & Holland without previous warrant; the disappt. attending
it, and the deductions ultimately ensuing from the aids destined
to the U. S. by the Ct. of France, was also a subject of
discussion. On one side it was represented as a fact which being
dishonorable to Congress ought not to be proclaimed by them,
& that in the present case it cd. answer no purpose. On the other
side it was contended that it was already known to all the world,
that as a glaring proof of the public embarrassmts. it would impress
the Legislature with the danger of making those separate
appropriations which wd. increase the embarrassments; and particularly
would explain in some degree the cause of the discontinuance
of the French interest due on the loan office certificates.

Mr. Rutledge & some other members having expressed less
solicitude about satisfying or soothing the Creditors within Pa.
through the legislature than others thought ought to be felt by
every one, Mr. Wilson, adverting to it with some warmth, declared

that if such indifference should prevail, he was little anxious
what became of the answer to the Memorials. Pena., he was persuaded
would take her own measures without regard to those of
Congress, and that she ought to do so. She was willing he said
to sink or swim according to the common fate, but that she
would not suffer herself, with a mill-stone of 6,000,000[43] of the
Contin1. debt about her neck to go to the bottom alone.

FRIDAY, JANY. 31.

The instruction to the Va. delegates from that State relative to
tobo. exported to N. Y., under passport from the Secy. of Congress
was referred to a Committee. Mr. Fitzsimmons moved that the
information received from sd. State of its inability to contribute
more than—towards the requisitions of Congress, sd. be
also committed. Mr. Bland saw no reason for such commitment.
Mr. Ghoram was in favr. of it. He thought such a resolution
from Va. was of the most serious import; especially if compared
with her withdrawal of her assent to the Impost. He said with
much earnestness, that if one State should be connived at in such
defaults others would think themselves entitled to a like indulgence.
Massts., he was sure had a better title to it than Va.. He
said the former had expended immense sums in recruiting her
line, which composed almost the whole Northn. Army; that
1,200,000 £ (dollar at 6s) had been laid out; & that without this
sum the army would have been disbanded.

Mr. Fitzsimmons abetting the animadversions on Virga., took
notice that of—Dollars reqd. by Congress from her for the
year 1782, she had paid the paltry sum only of 35,000 Drs. and was
notwithstanding endeavouring to play off from further contributions.
—The com̃itment took place without opposition.

The sub-committee, consisting of Mr. Madison, Mr. Carroll &
Mr. Wilson had this morning a conference with the Superintendt.
of Finance on the best mode of estimating the value of land
through the U. S. The Superintendt. was no less puzzled on the
subject than the Committee had been. He thought some essay

ought to be made for executing the Confederation, if it sd. be
practicable, & if not to let the impracticability appear to the States.
He concurred with the sub committee also in opinion that it would
be improper to refer the valuation to the States, as mutual suspicions
of partiality, if not a real partiality, would render the result
a source of discontent; and that even if Congs. should expressly
reserve to themselves a right of revising & rejecting it, such a
right could not be exercised without giving extreme offence to
the suspected party. To guard agst. these difficulties it was finally
agreed, & the Sub committee accordingly reported to the G Comittee,

"That it is expedient to require of the Several States a return
of all surveyed & granted land within each of them; and that in
such return the land be distinguished into occupied & unoccupied.

"That it also was expedient to appoint one Commissr. for each
State who should be empowered to proceed without loss of time
into the several States; & to estimate the value of the lands
therein according to the returns above mentioned, & to such instructions
as should from time to time be given him for that
purpose."

This report was hurried in to the Grand Com̃itee for two reasons;
1st., it was found that Mr. Rutledge, Mr. Bland, & several
others relied so much on a valuation on land, and connected it so
essentially with measures for restoring public credit that an extreme
backwardness on their part affected all these measures,
whilst the valuation of land was left out. A 2d. reason was that the
Sub-Committee were afraid that suspicions might arise of intentional
delay, in order to confine the attention of Congs. to general
funds as affording the only prospect of relief.

The Grand Committee for like reasons were equally impatient
to make a report to Congress; and accordingly after a short consultation
the question was taken whether the above report of the
Sub-come., or the report referred to them sd. be preferred. In
favor of the 1st. were Mr. Wilson, Mr. Carrol, Mr. Madison, Mr.
Elmore, Mr. Hamilton. In favor of the 2d. were Mr. Arnold,
Mr. Dyer, Mr. Hawkins, Mr. Ghoram, Mr. Rutledge & Mr. Gilman.
So the latter was immediately handed in to Congress, &

referred to a committee of the whole into which they immediately
resolved themselves.

A motion was made by Mr. Bland, 2ded. by Mr. Madison, that
this report sd be taken up in preference to the subject of General
funds. Mr. Wilson opposed it as irregular & inconvenient to
break in on an unfinished subject; and supposed that as some
further experiment must be intended than merely a discussion of
the subject in Congress, before the subject of Genl. funds would be
seriously resumed, he thought it unadvisable to interrupt the latter.

Mr. Madison answered that the object was not to retard the
latter business but to remove an obstacle to it, that as the two
subjects were in some degree connected as means of restoring
public credit, & inseparably connected in the minds of many
members, it was but reasonable to admit one as well as the other
to a share of attention; that if a valuation of land sd. be found on
mature deliberation to be as efficacious a remedy as was by some
supposed, it wd. be proper at least to combine it with the other
expedient, or perhaps to substitute it altogether; if the contrary
should become apparent, its patrons wd. join the more cordially
in the object of a general revenue.

Mr. Hamilton concurred in these ideas & wished the valuation
to be taken up in order that its impracticability & futility might
become manifest. The motion passed in the Affirmative, & the
report was taken up.

The phraseology was made more correct in several instances.

A motion was made by Mr. Boudinot 2ded. by Mr. Elseworth to
strike out the clause requiring a return of "the names of the
owners," as well the quantity of land. Mr. Elseworth also
contended for a less specific return of the parcels of land. The
objection agst. the clause were that it would be extremely troublesome
& equally useless. Mr. Bland thought these specific returns
wd. be a check on frauds & the suspicion of them. Mr. Williamson
was of the same opinion, as were also Mr. Lee, Mr. Ghoram,
& Mr. Ramsay.[44] The motion was withdrawn by Mr. Boudinot.

SATURDAY & MONDAY. No Congress.

TUESDAY, FEB. 4.

An indecent & tart remonstrance was red. from Vermont agst.
the interposition of Congs. in favor of the persons who had been
banished & whose effects had been confiscated. A motion was
made by Mr. Hamilton 2ded. by Mr. Dyer to commit it. Mr.
Wolcot who had always patronized the case of Vermont wished
to know the views of a committment. Mr. Hamilton said his
view was to fulfill the resolution of Congress wch. bound them to
enforce the measure. Mr. Dyer sd. his was that so dishonorable
a menace might be as quickly as possible renounced. He said
Gen1. Washington was in favour of Vermont, that the principal
people of N. England were all supporters of them, and that Congress
ought to rectify the error into which they had been led,
without longer exposing themselves to reproach on this subject.
It was committed without dissent.

Mr. Wilson informed Congress that the Legislature of Pena.
having found the Ordinance of Congs. erecting a Court for
piracies so obscure in some points that they were at a loss to
adapt yr. laws to it, had appointed a Come. to confer with a Come.
of Congress. He accordingly moved in behalf of the Pa. delegation
that a Come. might be appd. for that purpose. After some
objections by Mr. Madison agst. the impropriety of holding a communication
with Pa. through committees when the purpose might
be as well answered by a Memorial or an instruction to its Delegates,
a Come. was appd., consisting of Mr. Rutledge, Mr. Madison
& Mr. Wilson.

The Report proposing a commutation for the half-pay due to
the army, was taken up. On a motion to allow 5 1/2 years whole
pay in gross to be funded & bear interest, this being the rate
taken from Dr. Price's calculation of annuities, N. H. was no,
R. I. no, Cont. no, N. J., no, Virginia by (Mr. Lee no) other
States ay. So the question was lost.—5 years was then proposed,
on which N. H. was no, R. I. no, Ct. no, N. J. no. So there
were but 6 ays, & the proposition was lost. Mr. Williamson proposed
5 1/4 & called for the yeas & nays. Messrs. Wolcot & Dyer
observed, yt. they were bound by instructions on this subject.
Mr. Arnold said the case was the same with him. They also

queried the validity of the Act of Congs. which had stipulated
half pay to the army, as it had passed before the Confederation,
and by a vote of less than seven States. Mr. Madison sd. that he
wished if the yeas & nays were called it might be on the true
calculation, and not on an arbitrary principle of compromise, as
the latter standing singly on the Journal wd. not express the true
ideas of the yeas, and might even subject them to contrary interpretations.
He sd. that the act was valid because it was decided
according to the rule then in force, & that as the officers had
served under the faith of it, justice fully corroborated it; & that
he was astonished to hear these principles controverted. He was
also astonished to hear objections agst. a commutation come from
States in compliance with whose objections agst. the half pay itself
this expedt. had been substituted. Mr. Wilson expressed his surprise
also that instructions sd. be given which militated agst. the
most peremptory & lawful engagements of Congs., and said that
if such a doctrine prevailed the authority of the Confederacy was
at an end. Mr. Arnold said that he wished the report might not
be decided on at this time, that the Assembly of R. I. was in
session & he hoped to receive their further advice. Mr. Bland
enforced the ideas of Mr. Madison & Mr. Wilson.—Mr. Gilman
thought it wd. be best to refer the subject of 1/2 pay to the several
States to be settled between them & their respective lines. By
general consent the Report lay over.

Mr. Lee communicated to Congress a letter he had received
from Mr. Samuel Adams dated Boston Decr. 22, 1782, introducing
Mr.—from Canada, as a person capable of giving intelligence
relative to affairs in Canada & the practicability of uniting
that Province with the confederated States. The letter was
committed.

In Come. of the whole on the Report concerning a valuation of
the lands of the U. States—

A motion was made by Mr. Rutledge wch. took the sense of
Congs. on this question whether the rule of apportionment to be
grounded on the proposed valuation sd. continue in force until
revoked by Congs., or a period be now fixed beyond which it
sd. not continue in force. The importance of the distinction lay
in the necessity of having seven votes on every act of Congs.

The Eastern States were generally for the latter, supposing that
the Southern States being impoverished by the recent havoc of
the enemy would be underrated in the first valuation. The
Southern States were for the same reason interested in favor of
the former. On the question there were 6 ays only, which produced
a dispute whether in a Committee of the whole a majority
wd. decide, or whether 7 votes were necessary.

In favor of the first rule it was contended by Mr. Ghoram &
others, that in Committees of Congress the rule always is that a
majority decides.

In favr. of the latter it was contended that if the rule of other
committees applies to a come. of the whole, the vote sd. be individual
per capita, as well as by a majority, that in other deliberative
assemblies, the rules of voting were not varied in Commes. of
the whole, & that it wd. be inconvenient in practice to report to
Congs. as the sense of the body, a measure approved by 4 or 5
States, since there could be no reason to hope that in the same
body in a different form 7 States wd. approve it, and consequently
a waste of time would be the result.

Come. rose & Cons. Adjourned.

WEDNESDAY FEBRY. 5 & THURSDAY, FEBY. 6.

In order to decide the rule of voting in a Come. of the whole,
before Congrs. should go into the said Come., Mr. Bland moved
that the rule sd. be to vote by States, & the majority of States in
Come. to decide. Mr. Wilson moved to postpone Mr. Bs. motion
in order to resolve that the rule be to vote by States and according
to the same rules which govern Congress; as this gen1. question
was connected in the minds of members with the particular
question to which it was to be immediately applied. The motion
for postponing was negatived, Chiefly by the Eastern States. A
division of the question on Mr. Bland's motion was then called
for & the first part was agreed to as on the Journal. The latter
clause, to wit, a majority to decide, was negatived; so nothing
as to the main point was determined. In this uncertainty Mr.
Osgood proposed that Congrs. should resolve itself into a Come. of
the whole. Mr. Carroll as chairman observed that as the same

difficulty would occur, he wished Congs. would previously direct
him how to proceed. Mr. Hamilton proposed that the latter clause
of Mr. Bland's motion shd. be reconsidered and agreed to wrong as
it was, rather than have no rule at all. In opposition to which it
was sd. that there was no more reason why one & that not the
minor side sd. wholly yield to the inflexibility of the other yn. vice
versa; and that if they sd. be willing to yield on the present occasion,
it wd. be better to do it tacitly, than to saddle themselves
with an express & perpetual rule which they judged improper.
This expedient was assented to and Congress accordingly went
into a Committee of the Whole.

The points arising on the several amendmts. proposed were 1st.
the period beyond wch. the rule of the first valuation sd. not be in
force, on this point Mr. Collins proposed 5 years, Mr. Bland
10 years, Mr. Boudinot 7 years, N. Jersey havg. instructed her
Delegates thereon. The Cont. delegates proposed 3 years. On
the question for 3 years, N. H. no, Mas. no, R. I. ay, Cont. ay,
all the other States no. On the question for 5 years, all the
States ay except Cont.

The 2d. point was whether & how far the rule sd. be retrospective.
On this point the same views operated as on the preceding.
Some were agst. any retrospection, others for extending it to the
whole debt, and others for extendg. it so far as was necessary for
liquidating and closing the accounts between the United States
and each individual State.

The several motions expressive of these different ideas were at
length withdrawn, with a view that the point might be better digested,
& more accurately brought before Congress. So the rept.
was agreed to in the Come. & made to Congress. When the question
was about to be put Mr. Madison observed that the report
lay in a great degree of confusion, that several points had been
decided in a way too vague & indirect to ascertain the real sense
of Congs., that other points involved in the subject had not recd.
any decision; and proposed the sense of Congs. shod. be distinctly
& successively taken on all of them & the result referred to a
special Come. to be digested &c. The question was however put
& negatived the votes being as they appear on the Journal. The
reasons on which Mr. Hamilton's motion was grounded appear
from its preamble.

FRIDAY, FEBY. 7.

On motion of Mr. Lee who had been absent when the Report
was yesterday negatived, the matter was reconsidered. The
plan of taking the sense of Congs. on the several points as yesterday
proposed by Mr. Madison, was generally admitted as
proper.

The first question propd. in Come. of the whole by Mr. Madison,
was: Q: Shall a valuation of land within the U. S. as directed by
the Articles of confederation be immediately attempted?—8 ays
N. Y. only no. The States present were N. H., Mas. Cont. N. Y.
N. J. Pa. Va. N. C. S. C. R. I. 1 member, Mard. 1do.

By Mr. Wilson,

Q. Shall each State be called on to return to the U. S. in
Congs. assd. the no. of acres granted to or surveyed for any person,
and also the no. of buildings within it? 8 ayes—N. C. no—supposing
this not to accord with the plan of referring the valuation
to the States, which was patronized by that Delegation. A
supplement to this question was suggested as follows.

Q. Shall the male inhabitants be also returned, the blacks &
whites being therein distinguished? ay, N. C. no for the same
reason as above. Cont. divided.

By Mr. Madison,

Q. Shall the States be called on to return to Congs. an estimate
of the value of its lands with the building & improvements
within each respectively? After some discussion on this point in
whch. the inequalities which wd. result from such estimates were set
forth at large; and effects of such an experiment in Virga. had
been described by Mr. Mercer, and a comparison of an Average
valuation in Pa. & Va. which amounted in the latter to 50 PCt. more
than in the former, altho' the real value of land in the former
was confessedly thrice that of the latter had been quoted by Mr.
Madison, the apprehensions from a reference of any thing more
to the States than a report of simple facts increased, and on the
vote the States were as follows: N. H. Mas N. J. Pa. Va. no Mr.
Bland ay Mr. Lee silent Cont.: N. C. S. C. ay, N. Y. divd.: so it
passed in the negative.

By Mr. Madison,

Q. Shall a period be now fixed beyond which the rule to be
eventually estabd. by Congs. shall not be in force? ay, unanimously.

By Mr. Madison,

Q. What shall that period be? Cont. was again for 3 years,
which being rejd. 5 yrs. passed unanimously.

By Mr. Madison,

Q. Shall the rule so to be estabd. have retrospective operation
so far as may be necessary for liquidating & closing the accts. between
the U. S. & each particular State? Ay—Cont. no. Mr.
Dyer & Mr. Mercer understood this as making the amt. of the
several requisitions of Congs., and not of the paymts. by ye. States,
the standard by which the accts. were to be liquidated and thought
the latter the just quantum for retrospective appointment. Their
reasoning however was not fully comprehended.

SATURDAY, FEBY. 8.

Come. of the Whole.

Mr. Mercer revived the subject of retrospective operation; and
after it had been much discussed & the difference elucidated
wch. might happen between apportiong., according to the first
valuation which sd. be made, merely the sums paid on the requisitions
of Congs., & apportiong. the whole Requisitions, consisting
of the sums paid & the deficiencies, which might not be pd. until
some distant day, when a different rule formed under different
circumstances of the States sd. be in force, the assent to the last
question put yesterday was reversed, & there was added to the
preceding question, after "5 years,"—"and shall operate as a
rule for apportioning the sums necessary to be raised for supporting
the public credit & other contingent expenses & for adjusting
all accounts between the U. States & each particular State for
monies paid or articles furnished by them & for no other purpose
whatsoever." On this question there were 6 ays—so it became a
vote of the Come. of the whole.

MONDAY, FEBY. 10

For The Report of the Committee on the Resolutions of Va.,
concerning the contract Under which Tob°. was to be exported
to N. Y.[45] and the admission of circumstantial proof of accts.
agst. the U. S., where legal vouchers had been destroyed by the
enemy, see the Journal of this date.

Mr. Mercer informed Congress that this matter had made much
noise in Va.; that she had assented to the export of the first
quantity, merely out of respect to Congs., and under an idea that
her rights of Sovereignty had been encroached upon; and that,
as a further quantity had been exported without the license of the
State, the question was unavoidable, whether the authority of
Congs. extended to the act. He wished therefore that Congress
wd. proceed to decide the question.

Mr. Fitzsimmons in behalf of the Committee, observed that
they went no further than to examine whether the proceedings of
the officers of Congs. were conformable to the Resoln. of Congs. &
not whether the latter were within the power of Congs.

Mr. Lee sd. the Rept. did not touch the point that, the additional
quantity had been exported without application to the State,
altho' the first quantity was licensed by the State with great reluctance,
in consequence of the request of Congs., and of assurances
agst. a repetition, and that the Superintendt. & Secy. of
Congs. ought at any rate to have made application to the Executive
before they proceeded to further exportations.

Mr. Rutledge sd. the Rept. went to the very point, that V. suspected
the Resols. of Congs. had been abused by the officers of
Congs., and the Rept. shewed that no such abuse had taken place;
that if this information was not satisfactory, and the State sd. contest
the right of Congs. in the case, it wd. then be proper to answer
it on that point, but not before. He sd., if the gentleman (Mr.
Lee) meant that the Come. authorized by Congs. on the—day
of—to make explanations on the subject to the Legislature of
Va. had given the assurances he mentioned, he must be mistaken;

for none such had been given. He had he sd. formed notes of
his remarks to the Lege. but accordg. to his practice had destroyed
them after the occasion was over, and therefore cd. only assert this
from Memory; that nevertheless his memory enabled him to do
it with certainty.

Mr. Lee, in explanation sd. he did not mean the Come.; that the
abuse complained of was not that the Resoluns. of Congs. had been
exceeded, but that the export had been undertaken without the
Sanction of the State. If the acts were repeated, he said, great
offence wd. be given to Va.

The Report was agd. to as far as the Tob°. was concerned without
a dissenting voice, Mr. Lee uttering a no, but not loud enough
to be heard by Congress or the chair. The Part relating to the
loss of Vouchers was unanimously agd. to.

The Rept. for the valuation of land was amended by the insertion
of "distinguishing dwelling houses from others."

The Come. adjourned & the report was made to Congs.

Mr. Lee & Mr. Jervais moved that the Report might be postponed
to adopt another plan to wit "to call on the States to return
a valuation; and to provide that in case any return sd. not be
satisfactory to all parties, persons sd. be appd. by Congs. & others
by the States respectively to adjust the case finally."—On this
question N. H. was divd.; Mas, no, R. I., ay: Cont., no, N. Y.
divd., N. J., no, Pa., no, Va., no, Mr. Madison & Mr. Jones, no;—Mr.
Lee & Mr. Bland, ay, N. C. ay, S. C. ay, so the motion failed.

TUESDAY, FEBY. 11.

The Rept. made by the Come. of the whole havg. decided that
ye. mode to be grounded on the return of facts called for from ye.
States ought now to be ascertained.

Mr. Rutledge proposed 2d. by Mr. Gilman, that ye. States sd. be
required to name Comrs., each of them one, who or any nine of
them sd. be appd. & empowerd. by Congs.. to settle the valuation.
Mr. Ghoram was agst. it as parting with a power which might be
turned by the States agst. Congs.. Mr. Wolcot agst. it; declares his

opinion that the Confederation ought to be amended by substituting
numbers of inhabitants as the rule; admits the difference
between freemen & blacks; and suggests a compromise by
including in the numeration such blacks only as were within 16
& 60 years of age. Mr. Wilson was agst. relinquishing such a
power to the States, proposes that the commissioners be appd.
by Congs., and their proceedings subject to the ratification of
Congs., Mr. Mercer was for submitting them to the revision of
Congs., & this amendment was recd.. Mr. Peters agst. the whole
scheme of valuation, as holding out false lights & hopes to the
public. Mr. Rutledge thinks Comrs. appd. by the States may be
trusted as well as Comrs. appd. by Congs., or as Congs. themselves.
Mr. Wilson observes, that if appd. by the States they will bring
with them the spirit of agents for their respective States—if
appd. by Congs. they will consider themselves as servants of the U.
S. at large & be more impartial.

Mr. Ghoram, 2ded. by Mr. Wilson, proposes to postpone in order
to require the States to apps. Comrs., to give Congs. information
for a basis for a valuation.—On the question N. H. no, Mas: ay,
R. I. ay, Cont. ay, N. Y. ay, N. J. ay, Pa. ay, Va. no, N. C. no, S. C.
no, so it was decided in the negative.

To make the resolution more clear, after the words "or any
nine of them," the words "concurring therein" were added. Mr.
Rutledge says that subjecting the acts of the Comrs. to the revision
of Congs. had so varied his plan that he sd. be agst. it.—On the
main question N. H. ay, Mas: ay, R. I. ay, Cont. ay, N. Y. no,
N. J. no, Pa. ay, Va. ay (Mr. Madison no), N. C. ay, S. C. ay, so it
was agreed to & the resolution declaring that a mode sd. now be
fixed struck out as executed. The whole report was then committed
to a special Come. consisting of Mr. Rutledge Mr. Ghoram
& Mr. Gilman to be formed into a proper act.[46]

WEDNESDAY FEBY. 12

The declaration of Congs. as to Genl. Funds, Passed of Jany.
the 29, as appears on the Journals;[47] & Congress resolved itself
into a Come. of the whole in order to consider the funds to be
adopted and recommended to the States. On motion of Mr.
Mifflin the impost of 5 Per Ct. was taken into consideration. As
it seemed to be the general opinion that some variations from the
form in which it had been first recomended wd. be necessary for
reconciling the objecting States to it, it was proposed that the
sense of the Come. should be taken on that head. The following
questions were accordingly propounded:

Que 1. Is it expedient to alter the impost as recommended on
the—day of—, 1781?

Mr. Lee said the States particularly Virga. wd. never concur in
the measure unless the term of years were limited, the collection
left to the States, & the appropriation annually laid before ym.

Mr. Wolcot thought the revenue ought to be commensurate in
point of time as well as amount to the debt; that there was no
danger in trusting Congs., considering the responsible mode of its
appt. and that to alter the plan wd. be a mere condescension to the
prejudices of the States.

Mr. Ghoram favored the alteration for the same reason as Mr.
Lee. He said private letters informed him that the opposition to
the impost law was gaining ground in Massts., and the repeal of
Virga. would be very likely to give that opposition the ascendance.
He said our measures must be accommodated to the sentiments
of the States whether just or unreasonable.

Mr. Hamilton dissented from the particular alterations suggested,
but did not mean to negative the question.

Mr. Bland was for conforming to the ideas of the States as far
as wd. in any manner consist with the object.

On the Question the affirmative was unanimous excepting the
voice of Mr. Wolcot.

Que 2d. Shall the term of duration be limited to 25 years?

Mr. Mercer professed a decided opposition to the principle of
general revenue, observed that the liberties of Engd. had been
preserved by a separation of the purse from the sword; that untill
the debts sd. be liquidated & apportioned he wd. never assent
in Congs. or elsewhere to the scheme of the Impost.

Mr. Bland proposed an alternative of 25 years, or until the
requisitions of Congs., according to the Articles of Confedn., shall
be found adequate. On this proposition the votes were of N. H.
divd., R. I. no, Cont. no, N. Y. no N. J. no, Pa. no, Virga. ay, N. C.
divd.; S. C. ay, so the proposition was not agreed to.

On the main question for 25 years it was voted in the affirmative.

Q. 3. Shall the appointmt. of Collectors be left to the States,
they to be amenable to & under the controul of, Congs.?—ay;
several States as N. Y. & Pa. dissenting.[48]

THURSDAY, FEBY. 13TH.

The Come. report to Congs. the alterations yesterday agreed on
with respect to the 5 Per Ct. Impost.

The Deputy Secy. at War reported to Congress the result of the
inquiry directed by them on the [24th] day of [January,] into
the seizure of goods destined for the British Prisoners of war
under passport from Genl. Washington. From this report it appeared
that some of the Seizors had pursued their claim under
the law of the State & that in consequence the goods had been
condemned & ordered for sale. The papers were referred to a
Come. consisting of Mr. Rutledge, Mr. Ghoram & Mr. Lee, who
after havg. retired for a few moments reported, that the Secy. of
War should be authorized & directed to cause the goods to be
taken from the places where they had been deposited, to employ
such force as wd. be sufficient, and that the Duke de Lauzun
whose Legion was in the neighbourhood, should be requested to
give the Secy. such aid as he might apply for.

This report was generally regarded by Congs. as intemperate,
and the proposed recourse to the French Legion as flagrantly imprudent.
Mr. Hamilton said that if the object had been to embroil
the country wth. their Allies the expedient would have been
well conceived.[49] He added that the exertion of force would
not under these circumstances meet the sense of the people at
large. Mr. Ghoram sd. he denied this with respect to the people
of Massachusetts.

Mr. Lee on the part of the Come. said that the D. de Lauzun
had been recurred to as being in the neighbourhood & having
Cavalry under his Command which would best answer the occasion;

and that the Report was founded on wise & proper considerations.

Mr. Mercer, Mr. Williamson Mr. Ramsay Mr. Wilson & Mr.
Madison, strenuously opposed the Report, as improper altogether
as far as it related to the French Legion, and in other respects so
until the State of Pa. sd. on a summons refuse to restore the articles
seized.

Mr. Rutledge with equal warmth contended for the expediency
of the measures reported.

Mr. Mercer & Mr. Madison at length proposed that Congress
sd. assert the right on this subject & summon the State of Pena. to
redress the wrong immediately. The Report was recommitted
with this proposition & Mr. Wilson & Mr. Mercer added to
ye. Come.

The speech of the K. of G. B. on the 5th. of Decr., 1782, arrived
& produced great joy in general, except among the merchts. who
had great quantities of merchandize in store the price of which
immediately & materially fell. The most judicious members of
Congs. however suffered a great diminution of their joy from the
impossibility of discharging the arrears & claims of the army &
their apprehensions of new difficulties from that quarter.[50]

FRIDAY FEBY. 14.

Mr. Jones Mr. Rutledge & Mr. Wilson to whom had been
referred on Tuesday last a letter from Mr. Jefferson stating

the obstacles to his voyage, reported that they had conferred
with the Agent of Marine who sd. there was a fit vessel ready
for sea in this port but was of opinion the arrival of the
British King's Speech would put a stop to the sailing of any
vessels from the ports of America untill something definite should
take place; and that if Congress judged fit that Mr. Jefferson sd.
proceed immediately to Europe it would be best to apply to the
French Minister for one of the Frigates in the Chesapeake. The
general opinion of Congs. seemed to be that under present circumstances
he sd. suspend his voyage untill the further order of
Congs.; and on motion of Mr. Ghoram, seconded by Mr. Wolcot
the Secy. of Foreign Affairs was accordingly without opposition
directed to make this known to Mr. Jefferson.

The Report of the Come. for obtaining a valuation of land was
made & considered. See the Journal of this date.

MONDAY FEBY. 17.

The report respecting a valuation of land being lost as appears
from the Journal, it was revived by the motion of Mr. Dyer
seconded by Mr. Mercer as it stands,[51] the appointment of Commissrs.
by Congs. for adjusting the quotas, being changed for a
grand Committee consisting of a delegate present from each
State, for that purpose.

A motion was made to strike out the clause requiring the concurrence
of nine voices in the report to Congress; and on the
question, shall the words stand? the States being equally divided
the clause was expunged. It was thereafter reconsidered &
re-inserted.

The whole report was agreed to with great reluctance by almost
all, by many from a spirit of accommodation only, & the
necessity of doing something on the subject. Some of those who
were in the negative particularly Mr. Madison, thought the plan
not within the spirit of the Confederation, that it would be ineffectual,
and that the States would be dissatisfied with it.

A motion was made by Mr. Hamilton 2ded. by Mr. Fitzsimmons
to renew the recommendation of the—Feby., 1782 for vesting
Congress with power to make abatements in favor of States parts
of which had been in possession of the Enemy. It was referred
to a committee.

TUESDAY, FEBY. 18.

Come. of the whole on the subject of genl. funds.

Mr. Rutledge & Mr. Mercer proposed that the Impost of 5 Per
Ct. as altered & to be recommended to the States, should be appropriated
exclusively, first to the interest of ye. debt to the army &
then in case of surplus to the principal. Mr. Rutledge urged in
support of this motion that it would be best to appropriate this
fund to the army as the most likely to be obtained as their merits
were superior to those of all other Creditors, and as it was the
only thing that promised, what policy absolutely required, some
satisfaction to them.

Mr. Wilson replied that he was so sensible of the merits of the
army that if any discrimination were to be made among the public
creditors, he should not deny them perhaps a preference, but
that no such discrimination was necessary; that the ability of the
public was equal to the whole debt, and that before it be split into
different descriptions the most vigorous efforts ought to be made
to provide for it entire. That we ought first at least to see what
funds could be provided, to see how far they would be deficient,
and then, in the last necessity only to admit discriminations.

Mr. Ghoram agreed with Mr. Wilson. He said an exclusive
appropriation to the army would in some places be unpopular and
would prevent a compliance of those States whose Citizens were

the greatest Creditors of the United States; since without the
influence of the public creditors, the measure could never be carried
through the States, and these if excluded from the appropriation
would be even interested in frustrating the measure &
keeping by that means their cause a common one with the army.

Mr. Mercer applauded the wisdom of the Confederation in
leaving the provision of money to the States, said that when this
plan was deviated from by Congress, their objects should be such
as were best known & most approved; that the States were jealous
of one another, & wd. not comply unless they were fully acquainted
with & approved the purpose to which their money was to be applied,
that nothing less than such a preference of the army would
conciliate them, that no Civil Creditor would dare to put his
claims on a level with those of the army, and insinuated that the
speculations which had taken place in loan office certificates might
lead to a revision of that subject on principles of equity, that if
too much were asked from the States they would grant nothing.
He said that it had been alledged, that the large public debt if
funded under Congress would be a cement of the Confederacy.
He thought on the contrary it would hasten its dissolution; as
the people would feel its weight in the most obnoxious of all forms
that of taxation.[52]

On the question the States were all no except S. Carolina,
which was ay.[53]

A motion was made by Mr. Rutledge, 2ded. by Mr. Bland to
change the plan of the impost in such a manner as that a tariff
might be formed for all articles that would admit of it, and that a
duty ad valorem sd. be collected only on such articles as would
not admit of it.

In support of such an alteration it was urged that it would
lessen the opportunity of collusion between Collector & importer
& would be more equal among the States. On the other side it
was alledged that the States had not objected to that part of the
plan, and a change might produce objections—that the nature
& variety of imports would require necessarily the collection to
be ad-valorem on the greater part of them, that the forming of a
book of rates wd. be attended with great difficulties & delays, and
that it would be in the power of Congress by raising the rate
of the article to augment the duty beyond the limitation of 5 per
ct. and that this consideration would excite objections on the part
of the States—The motion was negatived—
A motion was made by Mr. Hamilton 2ded. by Mr. Wilson; that
whereas Congres was desirous that the motives & views of their

measures sd. be known to their constituents in all cases where the
public safety wd. admit, that when the subject of finances was
under debate the doors of Congs. sd. be open. Congs. adjourned it
being the usual hour & the motion being generally disrelished
—The Pa. delegates said privately that they had brought themselves
into a critical situation by dissuading their Constituents from
separate provision for creditors of U. S. within Pena. hoping that
Congs. wd. adopt a general provision, & they wished their constituents
to see the prospect themselves & to witness the conduct of
their Delegates. Perhaps the true reason was that, it was expected
the presence of public creditors numerous & weighty in Philada. wd.
have no influence & that it wd. be well for the public to come more
fully to the knowledge of the public finances.

Letter recd. from Wm. Lee at Ghent notifying the desire of the
Emperor [of Austria] to form a commercial treaty with the U. S.,
and to have a residt. from them. Comd. to Mr. Izard, Ghoram &
Wilson.

WEDNESDAY, FEBRUARY 19.

The motion made yesterday by Mr. Hamilton for opening the
doors of Congress when the subject of the finances should be under
debate was negatived, Penna. alone being ay.

A motion was made by Mr. Hamilton seconded by Mr. Bland
to postpone the clause of the report made by the Come. of the
whole, for altering the Impost, viz. the clause limiting its duration
to 25 years, in order to substitute a proposition declaring it to be
inexpedient to limit the period of its duration; first because it
ought to be commensurate to the duration of the debt, 2dly. because
it was improper in the present stage of the business, and
all the limitation of which it wd. admit had been defined in the
resolutions of—, 1782.

Mr. Hamilton said in support of his motion that it was in vain
to attempt to gain the concurrence of the States by removing the
objections publickly assigned by them against the Impost, that
these were the ostensible & not the true objections; that the true
objection on the part of R. I. was the interference of the impost

with the opportunity afforded by their situation of levying contributions
on Cont., &c, which recd. foreign supplies through the
ports of R. I. that the true objection on the part of Vaa. was her
having little share in the debts due from the U. S. to which the
impost would be applied; that a removal of the avowed objections
would not therefore, remove the obstructions whilst it would
admit on the part of Congs. that their first recommendation went
beyond the absolute exigencies of the public; that Congs. having
taken a proper ground at first, ought to maintain it till time
should convince the States of the propriety of the measure.

Mr. Bland said that as the debt had been contracted by Congress
with the concurrence of the States, and Congs. was looked
to for payment by the public creditors, it was justifiable & requisite
in them to pursue such means as would be adequate to
the discharge of the debt; & that the means would not be adequate
if limited in duration to a period within which no calculations
had shewn that the debt wd. be discharged.

On the motion the States were N. Hampshire divided, Masts.
no, R. Island ay; Cont. divd.; N. York, ay, N. Jersey ay, Pena. ay,
Virga. no (Mr. Bland ay) N. Carolina ay S. Carolina, ay. Mr.
Rutledge said he voted for postponing not in order to agree to
Mr. Hamilton's motion but to move & he accordingly renewed
the motion made in Come. of the whole, viz that the Impost
should be appropriated exclusively to the army. This motion
was seconded by Mr. Lee.

Mr. Hamilton opposed the motion strenuously declared that as
a friend to the army as well as to the other Creditors & to the
public at large he could never assent to such a partial distribution
of Justice; that the different States being differently attached
to different branches of the public debt would never
concur in establishg. a fund wch. was not extended to every branch;
that it was impolitic to divide the interests of the civil & military
Creditors, whose joint efforts in the States would be necessary to
prevail on them to adopt a general revenue.

Mr. Mercer favored the measure as necessary to satisfy the
army & to avert the consequences which would result from their
disappointment on this subject; he pronounced that the arny
would not disband until satisfactory provision should be made, &

that this was the only attainable provision; But he reprobated
the doctrine of permanent debt supported by a general & permanent
revenue & said that it would be good policy to separate instead
of cementing the interests of the Army & the other public
creditors, insinuating that the claims of the latter were not supported
by justice & said that the loan office certificates ought to
be revised.

Mr. Fitzsimmons observed that it was unnecessary to make a
separate appropriation of the Impost to one particular debt, since
if other funds sd. be superadded, there would be more simplicity
& equal propriety in an aggregate fund for the aggregate debt
funded; and that if no other funds should be superadded it
wd. be unjust & impolitic; that the States whose Citizens were
the chief creditors of the U. S. wd. never concur in such a measure;
that the mercantile interest which comprehended the chief
Creditors of Pena. had by their influence obtained the prompt &
full concurrence of that State in the Impost, and if that influence
were excluded the State would repeal its law. He concurred
with those who hoped the army wd. not disband unless provision
sd. be made for doing them justice.

Mr. Lee contended that as every body felt and acknowledged
the force of the demands of the army, an appropriation of the
Impost to them wd. recommend it to all the States; that distinct
& specific appropriations of distinct revenue was the only true
System of finance, and was the practice of all other nations who
were enlightened on this subject; that the army had not only
more merit than the mercantile creditors; but that the latter
would be more able on a return of peace to return to the business
which would support them.

Mr. Madison said that if other funds were to be superadded as
the Gentleman (Mr. Rutledge) who made the motion admitted,
it was at least premature to make the appropriation in question;
that it wd. be best to wait till all the funds were agreed upon &
then appropriate them respectively to those debts to which they
sd. be best fitted that it was probable the impost would be judged
best adapted to the foreign debt; as the foreign Creditors could
not like the domestic ever recur to particular States for separate
payments and that as this wd. be a revenue little felt it would be

prudent to assign it to those for whom the States wd. care least, leaving
more obnoxious revenues for those Creditors who wd. excite the
Sympathy of their Countrymen and cd. stimulate them to do justice.

Mr. Williamson was agst. the motion; said he did not wish the
army to disband until proper provision should be made for them;
that if force sd. be necessary to excite justice, the sooner force
was applied the better.

Mr. Wilson was against the motion of Mr. Rutledge, he observed
that no instance occurred in the British history of finance
in which distinct appropriations had been made to distinct debts
already contracted; that a consolidation of funds had been the
result of experience; that an aggregate fund was more simple &
would be most convenient; that the interest of the whole funded
debt ought to be paid before the principal of any part of it; and
therefore in case of surplus of the impost beyond the interest of
the army debt, it ought at any rate to be applied to the interest
of the other debts, and not, as the motion proposed, to the principal
of the army debt. He was fully of opinion that such a motion
would defeat itself, that by dividing the interest of the civil
from that of the military Creditors provision for the latter would
be frustrated.

On the question on Mr. Rutledge's motion the States were,
N. H. no, Mass. no, Cont. no, N. J. no, Virga. no, (Mr. Lee and
Mr. Mercer ay) N. C. no, S. Carolina, ay.

On the clause reported by the Come. of the whole in favor of
limiting the impost to 25 years, the States were N. H. ay Mas.
ay Cont. divd.; (Mr. Dyer ay, Mr. Wolcot no) N. Y. no, N. J.
no, Pa. ay (Mr. Wilson & Mr. Fitzsimmons no) Va. ay (Mr. Bland
no) N. Carolina ay, S. Carolina ay, so the question was lost.

On the question whether the appointment of Collectors of the
Impost shall be left to the States, the Collectors to be under the
controul, & be amenable to Congs., there were 7 ays N. Y. &
Pena. being no & N. J. divided.

THURSDAY, FEBY. 20, 1783

The motion for limiting the impost to 25 years having been
yesterday lost, and some of the gentlemen who were in the

negative desponding of an indefinite grant of it from the States,
the motion was reconsidered.

Mr. Wolcot & Mr. Hamilton repeat the inadequacy of a definite
term. Mr. Ramsay & Mr. Williamson repeat the improbability
of an indefinite term being acceded to by the States, & the
expediency of preferring a limited impost to a failure of it altogether.

Mr. Mercer was against the impost altogether but would confine
his opposition within Congress: He was in favor of the
limitation as an alleviation of the evil.

Mr. Fitzsimmons animadverted on Mr. Mercer's insinuation
yesterday touching the loan-office Creditors; & the policy of
dividing them from the military Creditors, reprobated every
measure which contravened the principles of justice & public
faith; and asked whether it were likely that Mas: & Pa., to whose
Citizens half the loan office debt was owing would concur with
Virga., whose Citizens had lent but little more than three hundred
thousand dollars, in any plan that did not provide for that in
common with other debts of the U. S. He was against a limitation
to 25 years.

Mr. Lee wished to know whether by Loan office Creditors
were meant the original subscribers or the present holders of the
certificates, as the force of their demands may be affected by this
consideration.

Mr. Fitzsimmons saw the scope of the question, and said
that if another scale of depreciation was seriously in view he
wished it to come out, that every one might know the course to
be taken.

Mr. Ghoram followed the Sentiments of the Gentleman who
last spoke, expressed his astonishment that a Gentleman (Mr.
Lee) who had enjoyed such opportunities of observing the
nature of public credit, should advance such doctrines as were
fatal to it. He said it was time that this point sd. be explained,
that if the former scale for the loan office certificates was to be
revised and reduced as one member from Virga. (Mr, Mercer)
contended, or a further scale to be made out for subsequent depreciation
of Certificates, as seemed to be the idea of the other
member, (Mr. Lee,) the restoration of public credit was not only

visionary but the concurrence of the States in any arrangemts.
whatever was not to be expected. He was in favor of the limitation
as necessary to overcome the objections of the States.

Mr. Mercer professed his attachment to the principles of justice
but declared that he thought the scale by which the loans had
been valued unjust to the public & that it ought to be revised &
reduced.

On the question for the period of 25 years it was decided in
the affirmative seven States being in favor of it; N. Jersey &
N. York only being no.

Mr. Mercer called the attention of Congress to the case of the
goods seized under a law of Pena., on which the Come. had not
yet reported, and wished that Congs. would come to some resolution
declaratory of their rights & which would lead to an
effectual interposition on the part of the Legislature of Pena.
After much conversation on the subject in which the members
were somewhat divided as to the degree of peremptoriness with
which the State of Pa. should be called on, the Resolution on the
Journal, was finally adopted; having been drawn up by the
Secy., & put into the hands of a member.

The Resolution[54] passed without any dissent.[55]

[The evening of this day was spent at Mr. Fitzsimmons' by Mr.

Ghoram, Mr. Hamilton, Mr. Peters, Mr. Carrol, & Mr. Madison.
The conversation turned on the subject of revenue under the
consideration of Congress, and on the situation of the army.
The conversation on the first subject ended in a general concurrence
(Mr. Hamilton excepted) in the impossibility of adding to
the impost on trade any taxes that wd. operate equally throughout
the States, or be adopted by them. On the second subject Mr.
Hamilton & Mr. Peters who had the best knowledge of the temper,
transactions & views of the army, informed the company
that it was certain that the army had secretly determined not to
lay down their arms until due provision & a satisfactory prospect
should be afforded on the subject of their pay; that there was
reason to expect that a public declaration to this effect would
soon be made; that plans had been agitated if not formed for
subsisting themselves after such declaration; that as a proof of
their earnestness on this subject the Com̃ander was already become
extremely unpopular among almost all ranks from his
known dislike to every unlawful proceeding, that this unpopularity
was daily increasing & industriously promoted by many leading
characters; that his choice of unfit & indiscreet persons into his
family was the pretext and with some the real motive; but the
substantial one a desire to displace him from the respect & confidence
of the army in order to substitute Genl. [erased & illegible]
as the conductor of their efforts to obtain justice. Mr. Hamilton
said that he knew Genl. Washington intimately and perfectly,
that his extreme reserve, mixed sometimes with a degree of asperity
of temper, both of which were said to have increased of late, had
contributed to the decline of his popularity; but that his virtue
his patriotism & his firmness would it might be depended upon
never yield to any dishonorable or disloyal plans into which he
might be called that he would sooner suffer himself to be cut to
pieces; that he, (Mr. Hamilton) knowing this to be his true
character wished him to be the conductor of the army in their
plans for redress, in order that they might be moderated &
directed to proper objects, & exclude some other leader who
might foment and misguide their councils; that with this view he
had taken the liberty to write to the Genl. on this subject and to
recommend such a policy to him.]

FRIDAY, FEBY. 21.

Mr. Mercer made some remarks tending to a re-consideration
of ye. act declaring general funds to be necessary, which revived
the discussion of that subject.

Mr. Madison said that he had observed throughout the proceedings
of Congress relative to the establishment of such funds
that the power delegated to Congress by the Confederation had
been very differently construed by different members & that this
difference of construction had materially affected their reasonings
& opinions on the several propositions which had been made;
that in particular it had been represented by sundry members
that Congress was merely an Executive body; and therefore that
it was inconsistent with the principles of liberty & the spirit of
the Constitution, to submit to them a permanent revenue which
wd. be placing the purse & the sword in the same hands; that he
wished the true doctrine of the Confederation to be ascertained
as it might perhaps remove some embarrassments; and towards
that end would offer his ideas on the subject.

He said, that he did not conceive in the first place that the
opinion was sound that the power of Congress in cases of revenue
was in no respect Legislative, but merely Executive; and, in the
second place that admitting the power to be Executive a permanent
revenue collected & dispensed by them in the discharge of
the debts to wch. it sd. be appropriated would be inconsistent with
the nature of an Executive body, or dangerous to the liberties of
the Republic.

As to the first opinion he observed that by the Articles of
Confederation, Congs. had clearly & expressly the right to fix
the quantum of revenue necessary for the public exigencies, &
to require the same from the States respectively in proportion to
the value of their land; that the requisitions thus made were a
law to the States, as much as the Acts of the latter for complying
with them were a law to their individual members; that the
federal constitution was as sacred and obligatory as the internal
constitutions of the several States; and that nothing could justify
the States in disobeying acts warranted by it, but some previous
abuse and infraction on the part of Congs.; that as a proof that

the power of fixing the quantum & making requisitions of money,
was considered as a legislative power over the purse, he would
appeal to the proposition made by the British Minister of giving
this power to the B. Parliamt., & leaving to the American Assemblies
the privilege of complying in their own modes, & to the
reasonings of Congress & the several States on that proposition.
He observed further that by the articles of Confederation was
delegated to Congs. a right to borrow money indefinitely, and
emit bills of Credit which was a species of borrowing, for repayment
& redemption of which the faith of the States was pledged
& their legislatures constitutionally bound. He asked whether
these powers were reconcileable with the idea that Congress was
a body merely Executive? He asked what would be thought in
G. B., from whose Constitution our Political reasonings were so
much drawn, of an attempt to prove that a power of making
requisitions of money on ye. Parliament & of borrowing money
for discharge of which the Parlt. sd. be bound, might be annexed
to the Crown without changing its quality of an Executive
branch, and that the leaving to the Parliamt. the mode only of
complying with the requisitions of the Crown would be leaving
to it its supreme & exclusive power of Legislation?

As to the second point he referred again to the British Constitution
& the mode in which provision was made for the public
debts, observing that although the Executive had no authority to
contract a debt, yet that when a debt had been authorized or
admitted by the Parliament a permanent & irrevocable revenue
was granted by the Legislature, to be collected & dispensed by
the Executive; and that this practice had never been deemed a
subversion of the Constitution, or a dangerous association of a
power over the purse with the power of the Sword.

If these observations were just as he conceived them to be, the
establishment of a permanent revenue not by any assumed authority
of Congress, but by the authority of the States at the recommendation
of Congs, to be collected & applied by the latter to the
discharge of the public debts, could not be deemed inconsistent
with the spirit of the federal Constitution, or subversive of the
principles of liberty; and that all objections drawn from such a
supposition ought to be withdrawn. Whether other objections of

sufficient weight might not lie agst. such an establisht., was another
question. For his part although for various reasons[56] he had
wished for such a plan as most eligible, he had never been sanguine
that it was practicable & the discussions which had taken
place had finally satisfied him that it would be necessary to limit
the call for a general revenue to duties on commerce & to call for
the deficiency in the most permanent way that could be reconciled
with a revenue established within each State separately & appropriated
to the Common Treasury. He said the rule which he had
laid down to himself in this business was to concur in every arrangemt.
that sd. appear necessary for an honorable & just fulfilment
of the public engagements; & in no measure tending to augment
the power of Congress which sd. appear to be unnecessary; and
particularly disclaimed the idea of perpetuating a public debt.

Mr. Lee, in answer to Mr. Madison, said the doctrine maintained
by him was pregnant with dangerous consequences to the liberties
of the confederated States; that, notwithstanding the specious
arguments that had been employed it was an established truth
that the purse ought not to be put into the same hands with the
Sword; that like arguments had been used in favor of ship money

in the reign of Charles I it being then represented as essential to
the support of the Govt., that the Executive should be assured of
the means of fulfilling its engagements for the public service. He
said it had been urged by several in behalf of such an establishment
for public credit that without it Congress was nothing more
than a rope of sand. On this head he would be explicit; he had
rather see Congress a rope of sand than a rod of Iron. He urged
finally as a reason why some States would not & ought not to concur
in granting to Congress a permanent revenue, that some States
as Virga., would receive back a small part by paymt. from the U. S.
to its Citizens, whilst others as Pena., wa. receive a vast surplus; &
consequently by draining the former of its wealth.

Mr. Mercer said if he conceived the federal compact to be such
as it had been represented he would immediately withdraw from
Congress & do every thing in his power to destroy its existence;
that if Congs. had a right to borrow money as they pleased and to
make requisitions on the States that wd. be binding on them, the
liberties of the States were ideal; that requisitions ought to be
consonant to the Spirit of liberty; that they should go frequently
& accompanied with full information, that the States must be left
to judge of the nature of them, of their abilities to comply with
them & to regulate their compliance accordingly; he laid great
stress on the omission of Congs. to transmit half yearly to the States
an acct. of the monies borrowed by them &c. and even insinuated
that this omission had absolved the States in some degree from
the engagements. He repeated his remarks on the injustice of
the rule by which loan office Certificates had been settled & his
opinion that some defalcations would be necessary.

Mr. Holten was opposed to all permanent funds, and to every
arrangement not within the limits of the Confederation.

Mr. Hamilton enlarged on the general utility of permanent
funds to the federal interests of this Country, & pointed out the
difference between the nature of the Constitution of the British
Executive & that of the U. S. in answer to Mr. Lee's reasoning
from the case of Ship money.

Mr. Ghoram adverted with some warmth to the doctrines advanced
by Mr. Lee & Mercer, concerning the loan office Creditors.
He said the Union could never be maintained on any other

ground than that of Justice; that some States had suffered greatly
from the deficiencies of others already; that if Justice was not to
be obtained through the federal system & this system was to fail
as would necessarily follow, it was time this should be known that
some of the States might be forming other confederacies adequate
to the purposes of their safety.

This debate was succeeded by a discharge of the Committee
from the business of devising the means requisite for restoring
Public credit, &c &c. and the business referred to a Come. , consisting
of Mr. Ghoram, Mr. Hamilton, Mr. Madison, Mr. Fitzsimmons
& Mr. Rutledge.[57]

No Congress till

TUESDAY, FEBRUARY 25.

In favor of the motion of Mr. Gilman (see the Journal of this
date) to refer the officers of the army for their half-Pay to their
respective States it was urged that this plan alone would secure to

the officers any advantage from that engagement;[58] since Congress
had no independent fund out of which it could be fulfilled, and
the States of Cont. & R. I., in particular would not comply with
any recommendation of Cong nor even requisition, for that purpose.
It was also said that it would be satisfactory to the officers;
and that it would apportion on the States that part of the public
burden with sufficient equality. Mr. Dyer said that the original
promise of Congress on that subject was considered by some of
the States as a fetch upon them, and not within the spirit of the
authority delegated to Congress. Mr. Wolcot said the States wd.
give Congs. nothing whatever unless they were gratified in this
particular. Mr. Collins said R. I. had expressly instructed her
delegates to oppose every measure tending to an execution of the
promise out of monies under the disposition of Congress.

On the other side it was urged that the half pay was a debt as
solemnly contracted as any other debt; and was, consequently, as
binding under the 12th. article of the Confederation on the States,
& that they could not refuse a requisition made for that purpose;
that it would be improper to countenance a spirit of that sort by
yielding to it that such concessions on the part of Congs. wd. produce
compliances on the part of the States, in other instances,
clogged with favorite conditions, that a reference of the officers
to the particular States to whose lines they belong would not be

satisfactory to the officers of those States who objected to half pay,
and would increase the present irritation of the army; that to do
it without their unanimous consent would be a breach of the contract
by which the U. S. collectively were bound to them; and
above all that the proposed plan, which discharged any particular
State which should settle with its officers on this subject, altho'
other States might reject the plan, from its proportion of that part
of the public burden, was a direct and palpable departure from
the law of the Confederation. According to this instrument the
whole public burden of debt must be apportioned according to a
valuation of land, nor cd. any thing but a unanimous concurrence
of the States dispense with this law. According to the plan proposed
so much of the public burden as the ½ pay sd. amount to,
was to be apportioned according to the number of officers belonging
to each line; the plan to take effect as to all those States
which should adopt it, without waiting for the unanimous adoption
of the States; and that if Congress had authority to make the
number of officers the rule of apportioning one part of the Public
debt on the States, they might extend the rule to any other part
or to the whole, or might substitute any other arbitrary rule which
they should think fit. The motion of Mr. Gilman was negatived.
See the ays & noes on the Journal.[59]

WEDNESDAY, FEBY. 26.

Mr. Lee observed to Congress that it appeared from the Newspapers
of the day that sundry enormities had been committed by
the refugees within the State of Delaware, as it was known that
like enormities had been committed on the Shores of the Chesapeak,
notwithstanding the pacific professions of the Enemy; that
it was probable howêr that if complaint were to be made to the
British Commander at N. York the practice would be restrained.
He accordingly moved that a Committee might be appointed to
take into consideration the means of restraining such practices.

The motion was 2ded. by Mr. Peters. By Mr. Fitzsimmons the
motion was viewed as tending to a request of favors from Sr. Guy
Carleton. It was apprehended by others that, as Genl. Washington
& the commanders of separate armies had been explicitly informed
of the sense of Congress on this point, any fresh measures thereon
might appear to be a censure on them; and that Congress cd. not
ground any measure on the case in question, having no official
information relative to it. The motion of Mr. Lee was negatived.
But it appearing from the vote to be the desire of many members
that some step might be taken by Congress, the motion of Mr.
Madison & Mr. Mercer as it stands on the Journal was proposed
and agreed to as free from all objections.[60]

A motion was made by Mr. Hamilton to give a brevet com̃mion.
to Majr. Burnet, aid to Genl Greene & messenger of the evacuation
of Charleston, of L Colonel; there being six ayes only the
motion was lost. N. H., no, Mr. Lee & Mercer no.

The Committee consisting of Mr. Lee &c. to whom had been
referred the motion of Mr. Hamilton recommending to the States
to authorize Congress to make abatements in the retrospective
apportionment by a valuation of land in favor of States whose
ability from year to year had been most impaired by the war;
reported that it was inexpedient to agree to such motion because
one State (Virga. ) having disagreed to such a measure, on a former
recom̃endation to Congress, it was not probable that another
recommendation would produce any effect; and because the
difficulties of making such abatements were greater than the advantages
expected from them.

Mr. Lee argued in favor of the report & the reasons on which
it was grounded. The Eastern delegations were for leaving the
matter open for future determination when an apportionment
should be in question.

Mr. Madison said he thought that the principle of the motion
was conformable to justice & within the spirit of the Confederation;

according to which apportionmts. ought to have been made from
time to time throughout the war according to the existing wealth
of each State. But that it would be improper to take up this case
separately from other claims of equity which would be put in by
other States; that the most likely mode of obtaining the concurrence
of the States in any plan wd. be to comprehend in it the
equitable interests of all of them; a comprehensive plan of that
sort would be the only one that would cut off all sources of future
controversy among the States. That as soon as the plan of
revenue sd. be prepared for recom̃mendation to the States it would
be proper for Congs. to take into consideration & combine with it
every object[61] which might facilitate its progress, & for a complete
provision for the tranquillity of the U. States. The question on
Mr. Hamilton's motion was postponed.

The letter from Mr. Morris requesting that the injunction of
secrecy might be withdrawn from his preceding letter signifying
to Congress his purpose of resigning, was committed to.

THURSDAY, FEBRUARY 27TH.

On the report of the Come. on Mr. Morris's letter the injunction
of secrecy was taken off without dissent or observation.

The attention of Congress was recalled to the subject of half

pay by Messrs. Dyer & Wolcot, in order to introduce a reconsideration
of the mode of referring it separately to the States to
provide for their own lines.

Mr. Mercer favored the reconsideration, representing the commutation
proposed, as tending in common with the funding of
other debts, to establish & perpetuate a monied interest in the
U. S.; that this monied interest would gain the ascendance of the
landed interest, would resort to places of luxury & splendor, and,
by their example & influence, become dangerous to our republican
constitutions. He said however that the variances of opinion
& indecision of Congress were alarming & required that something
should be done; that it wd. be better to new-model the
Confederation, or attempt any thing, rather than to do nothing.

Mr. Madison reminded Congs, that the commutation proposed
was introduced as a compromise with those to whom the idea of
pensions was obnoxious & observed that those whose scruples had
been relieved by it had rendered it no less obnoxious than pensions
by stigmatizing it with the name of a perpetuity. He said
the public situation was truly deplorable. If the payment of the
capital of the public debts was suggested, it was said & truly said
to be impossible; if funding them & paying the interest was proposed,
it was exclaimed agst. as establishing a dangerous moneied
interest, as corrupting the public manners, as administering poison
to our republican constitutions. He said he wished the revenue
to be established to be such as would extinguish the capital as
well as pay the interest within the shortest possible period; and
was as much opposed to perpetuating the public burdens as any
one. But that the discharge of them in some form or other was
essential, and that the consequences predicted therefrom could

not be more heterogeneous to our republican character & constitutions,
than a violation of the maxims of good faith and common
honesty. It was agreed that the report for commuting ½ pay
should lie on the table till to-morrow, in order to give an opportunity
to the Delegates of Connecticut to make any proposition
relative thereto which they should judge proper.

The report of the Comme. , consisting of Mr. Ghoram Mr. Hamilton
Mr. Madison Mr. Rutledge & Mr. Fitzsimmons, was taken
up. It was proposed that in addition to the impost of 5 Per Ct.
ad valorem the States be requested to enable Congs. to collect a
duty of 1/8 of a dollar per bushel on salt imported; of 6/90 per Gallon
on all wines do. and of 3/90 per Gallon on all rum & brandy do.

On the first article it was observed on the part of the East:
States, that this would press peculiarly hard on them on acct. of
the salt consumed in the fisheries; and that it would besides be
injurious to the national interest by adding to the cost of fish.
And a drawback was suggested.

On the other side it was observed that the warmer climate &
more dispersed settlements of the Southern States, required a
greater consumption of salt for their provisions, that salt might
& would be conveyed to the fisheries without previous importation,
that the effect of the duty was too inconsiderable to be felt in the
cost of fish & that the rum in the N. E. States being in a great
degree manufactured at home, they would have greater advantage
in this respect, than the other States could have in the article
of Salt, that a drawback could not be executed in our complicated
governt. with ease or certainty.

Mr. Mercer on this occasion declared that altho' he thought
those who opposed a general revenue right in their principles, yet
as they appeared to have formed no plan adequate to the public
exigencies, and as he was convinced of the necessity of doing
something, he should depart from his first resolution and strike in
with those who were pursuing the plan of a general revenue.

Mr. Holten said he had come lately into Congress with a predetermination
against any measures for discharging the public
engagements other than those pointed out in the Confederation,
& that he had hitherto acted accordingly. But that he saw now
so clearly the necessity of making provision for that object, and

the inadequacy of the Confederation thereto, that he should concur
in recommending to the States a plan of a general revenue.

A question being proposed on the duties on salt there were 9
ays, N. H. alone being no, R. I. not present.

It was urged by some that the duty on wine should be augmented;
but it appeared on discussion & some calculations,
that the temptation to smuggling wd. be rendered too strong, &
the revenue thereby diminished. Mr, Bland proposed that, instead
of a duty on the Gallon an ad-valorem duty should be laid
on wine, and this idea after some loose discussion, was agreed to,
few of the members interesting themselves therein, and some of
them having previously retired from Congress.

FRIDAY, FEBRUARY 28.

A motion was made by Mr. Wolcot and Mr. Dyer to refer the
half pay to the States, little differing from the late motion of Mr.
Gilman, except that it specified 5 years' whole pay as the proper
ground of composition with the Officers of the respective lines.
On this proposition the arguments used for and agst. Mr. Gilman's
motion were recapitulated. It was negatived, Cont. alone answering
in the affirmative, and no division being called for.

On the question to agree to the report for a commutation of 5
years' whole pay, there being 7 ays only it was considered whether
this was an appropriation or a new ascertainment of a sum of
money necessary for the public service. Some were of opinion
at first that it did not fall under that description, viz of an appropriation.
Finally the contrary opinion was deemed almost unanimously
safest, as well as the most accurate. Another question
was whether 7 or 9 votes were to decide doubts whether 7 or 9
were requisite on any question. Some were of opinion that the
Secretary ought to make an entry according to his own judgment
and that that entry sd. stand unless altered by a positive instruction
from Congs. To this it was objected that it wd. make the
Secy. the Sovereign in many cases, since a reversal of his entry
wd. be impossible, whatever that entry might be; that particularly
he might enter 7 votes to be affirmative on a question where 9

were necessary, and if supported in it by a few States it wd. be
irrevocable. It was said, by others, that the safest rule wd. be to
require 9 votes to decide in all cases of doubt whether 9 or 7 were
necessary. To this it was objected that one or two States, and in
any situation 6 States might by raising doubts, stop seven from
acting in any case which they disapproved. Fortunately on the
case in question there were 9 States of opinion that nine were
requisite, so the difficulty was got over for the present.

On a reconsideration of the question whether the duty on
wine should be on the quantity or on the value the mode reported
by the Come. was reinstated, and the whole report recom̃itted to
be included with the 5 Per Ct. ad valorem, in an Act of recom̃endation
to the States.

MONDAY MARCH 3D.

The Comme. on revenues, reported in addition to the former
articles recommended by them, a duty of 2/3 of a dollar per 112
lbs. on all brown sugar, 1 dollar on all powdered, lumped & clayed
sugars, other than loaf sugar, 1 1/3 dollar per 112 lbs. on all loaf
sugars, 1/30 of a dollar per lb on all Bohea Teas, and 1/15 of a dollar
on all finer Indian Teas. This report without debate or opposition
was recommitted to be incorporated with the general plan.

TUESDAY MARCH 4. & WEDNESDAY MARCH 5.

The motion of Mr. Hamilton on the Journal, relative to the
abatement of the quotas of distressed States [62] was rejected, partly
because the principle was disapproved by some, and partly because
it was thought improper to be separated from other objects
to be recommended to the States. The latter motive produced
the motion for postponing which was lost.

The Committee to whom had been referred the letters of resignation
of Mr. Morris reported as their opinion that it was not
necessary for Congs. immediately to take any steps thereon.
They considered the resignation as conditional, and that if it
sd. eventually take place at the time designated, there was no
necessity for immediate provision to be made.

Mr. Bland moved that[63] &c (see Journal of Mar. 5).

This motion produced on these two days lengthy & warm debates,
Mr. Lee & Mr. Bland on one side disparaging the Administration
of Mr. Morris, and throwing oblique censure on his
character. They considered his letter as an insult to Congs., &
Mr. Lee declared that the man who had published to all the world
such a picture of our national character & finances was unfit to
be a Minister of the latter. On the other side Mr. Wilson & Mr.
Hamilton went into a copious defence & Panegyric of Mr. Morris,
the ruin in which his resignation if it sd. take effect wd. involve
public credit and all the operations dependent on it; and the
decency altho' firmness, of his letters. The former observed that
the declaration of Mr. Morris, that he wd. not be the minister of
Injustice cd. not be meant to reflect on Congs., because they had
declared the funds desired by Mr. Morris to be necessary; and
that the friends of the latter could not wish for a more honorable
occasion for his retreat from public life, if they did not prefer the
public interest to considerations of friendship. Other members
were divided as to the propriety of the letters in question. In
general however they were thought reprehensible, as in general
also a conviction prevailed of the personal merit & public importance
of Mr. Morris. All impartial members foresaw the most

alarming consequences from his resignation. The prevailing objection
to Mr. Bland's motion was that its avowed object & tendency
was to re-establish a board in place of a single minister of
finance. Those who apprehended that ultimately this might be
unavoidable, thought it so objectionable that nothing but the last
necessity would justify it. The motion of Mr. Bland was lost;
and a Comme. appointed generally on the letters of Mr. Morris.[64]

THURSDAY MARCH 6.

The come. on Revenue made a report which was ordered to be
printed for each member, and to be taken up on monday next.

FRIDAY MARCH 7.

Printed copies of the Report above-mentioned were delivered
to each member, as follows, viz.

(1.)

• "Resolved, that it be recommended to the several States,
  as indispensably necessary to the restoration of public credit, and
  the punctual & honorable discharge of the public debts, to vest
  in the U. S. in Congs. assemd. a power to levy for the use of the
  U. S. a duty of 5 Per Ct. ad valorem, at the time and place of importation,
  upon all goods, wares & merchandizes of foreign growth
  & manufactures, which may be imported into any of the said
  States, from any foreign port, island or plantation, except arms,
  

  ---

  398

  
  
  
  ammunition, clothing, and other articles imported on account of
  the U. States or any of them; and except wool cards, cotton
  cards, & wire for making them; and also except Salt during the
  war:

(2.)

• Also a like duty of 5 Per Ct. ad valorem, on all prizes
  & prize goods condemned in the Court of Admiralty of any of
  these United States as lawful prize:

(3.)

• Also to levy a duty of 1/8 of a dollar per bushel on all salt
  imported as aforesaid after the war; 1/15 of a dollar per gallon on
  all wines, 1/30 of a dollar per gallon on all rum and brandy; 2/3 of
  a dollar per 112 Ibs on all brown sugars, 1 dollar per 112 Ibs on
  all powdered, lump and clayed sugars other than loaf sugars,
  1 1/3d°. per 112 Ibs on all loaf sugars; 1/30 of a dollar per pound on
  all Bohea Tea, and 1/15 of a dollar per Ib on all finer India teas,
  imported as aforesaid, after—, in addition to
  the five per Ct. above-mentioned:

(4.)

• Provided that none of the said duties shall be applied to
  any other purpose than the discharge of the interest or principal
  of the debts which shall have been contracted on the faith of the
  U. S. for supporting the present war, nor be continued for a
  longer term than 25 years: and provided that the collectors of
  the said duties shall be appointed by the States within which their
  offices are to be respectively exercised, but when so appointed,
  shall be amenable to & removable by the U. S. Congs. assd. alone;
  and in case any State shall not make such appointment within
  —, after notice given for that purpose, the appointment
  may then be made by the U. S. in Congs. assd.

(5.)

• That it be further recommended to the several States to
  establish for a like term not exceeding 25 years, and to appropriate
  to the discharge of the interest & principal of the debts
  which shall have been contracted on the faith of the U. S., for
  supporting the present war, substantial and effectual revenues of
  such a nature as they may respectively judge most convenient, to
  the amount of—, and in the proportion
  following viz.

  The said revenues to be collected by persons appointed as aforesaid,
  but to be carried to the separate credit of the States within
  

  ---

  399

  
  
  
  which they shall be collected and be liquidated and adjusted
  among the States according to the quotas which may from time
  to time be allotted to them.

(6.)

• That an annual account of the proceeds and application
  of the aforementioned revenues shall be made out & transmitted
  to the several States, distinguishing the proceeds of each of the
  specified articles, and the amount of the whole revenue received
  from each State.

(7.)

• That none of the preceding resolutions shall take effect
  untill all of them shall be acceded to by every State, after which
  accession however, they shall be considered as forming a mutual
  compact among all the States, and shall be irrevocable by any
  one or more of them without the concurrence of the whole, or a
  majority, of the United States in Congs. assembled:

(8.)

• That, as a further means, as well of hastening the extinguishment
  of the debts, as of establishing the harmony of the
  U. States, it be recommended to the States which have passed no
  acts towards complying with the resolutions of Congress of the
  6th. of Sepr. and the 10th. of Octr., 1870, relative to territorial cessions,
  to make the liberal cessions therein recommended, & to the States
  which may have passed acts complying with the said resolutions
  in part only, to revise & complete such compliance.

(9.)

• That, in order to remove all objections against a retrospective
  application of the constitutional rule of apportioning to
  the several States the charges & expenses which shall have been
  supplied for the common defence or general welfare, it be recommended
  to them to enable Congress to make such equitable exceptions
  and abatements as the particular circumstances of the
  States from time to time, during the war, may be found to require:

(10.)

• That conformably to the liberal principles on which
  these recommendations are founded, and with a view to a more
  amicable and complete adjustment of all accounts between the
  U. S. and individual States, all reasonable expenses which shall
  have been incurred by the States without the sanction of Congs. ,
  in their defence agst. or attacks upon British or Savage enemies,
  either by sea or by land, and which shall be supported by satisfactory
  proofs, shall be considered as part of the common charges
  incident to the present war, and be allowed as such:

---

400





(11.)

• That as a more convenient and certain rule of ascertaining
  the proportions to be supplied by the States respectively
  to the common Treasury, the following alteration in the articles
  of confederation and perpetual union between these States, be
  and the same is hereby, agreed to in Congress, & the several
  States are advised to authorize their respective delegates to subscribe
  and ratify the same, as part of the said instrument of Union,
  in the words following, to wit.

(12)

• "So much of the 8th. of the Articles of Confederation &
  perpetual Union between the thirteen States of America as is contained
  in the words following to wit' All charges of war &c (to
  the end of the paragraph)—[and all other expenses that shall be
  incurred for the common defence or general welfare, and allowed
  by the United States in Congress assembled, shall be defrayed
  out of a common treasury, which shall be supplied by the several
  States, in proportion to the value of all land within each State
  granted to, or surveyed for, any person, as such land, and the
  buildings and improvements thereon, shall be estimated according
  to such mode as the United States in Congress assembled
  shall, from time to time, direct and appoint,]'—is hereby revoked
  and made void, and in place thereof, it is declared and Concluded,
  the same having been agreed to in a Congress of the
  United States, that all charges of war, and all other expenses that
  shall be incurred for the common defence or general welfare and
  allowed by the U. S. in Congress assembled shall be defrayed out
  of a common treasury, which shall be supplied by the several
  States in proportion to the number of inhabitants of every age,
  sex & condition, except Indians not paying taxes in each State;
  which number shall be triennially taken & transmitted to the U.
  S. in Congs. assembled, in such mode as they shall direct and appoint;
  provided always that in such numeration no persons shall
  be included who are bound to servitude for life, according to the
  laws of the State to which they belong, other than such as may be
  between the ages of [65] —years."

MONDAY, MARCH 10.

See the Journal. Much debate passed relative to the proposed
commutation of half pay; Some wishing it to take place on condition
only that a majority of the whole army should concur
others preferring the plan expressed on the journal, and not
agreed to.[66]

TUESDAY, MARCH 11.

The Report entered on Friday, the 7 of March was taken into
consideration. It had been sent by order of Congs. to the Supt. of
Finance for his remarks which were also on the table. These
remarks were in substance: that it wd. be better to turn the 5
per ct. ad valorem into a Tariff, founded on an enumeration of
the several classes of imports, to which ought to be added a few
articles of exports; that instead of an apportionment of the residue
on the States, other general revenues from a land tax, reduced
to 1/4 of a dollar Per Hundred Acres, with a house tax
regulated by the numbers of windows, and an excise on all
Spirituous liquors to be collected at the place of distillery ought

to be substituted and as well as the duties on trade made coexistent
with the public debts; the whole to be collected by
persons appd. by Congs. alone. And that an alternative ought to
be held out to ye. States, either to establish these permanent revenues,
for the interest or to comply with a constitutional demand
of the principal within a very short period.

In order to ascertain the sense of Cons. on these ideas it was
proposed that the following short questions sd. be taken:

1.

• Shall any taxes to operate generally throughout the States,
  be recommended by Congs. other than duties on foreign commerce?

2.

• Shall the 5 Per C. ad valorem be exchanged for a tariff?

3.

• Shall the alternative be adopted, as proposed by the Superintendt.
  of Finance?

On the 1st. question the States were, N. H. no, Mas: no, Cont.
no, N. J. no, Maryd. no, Virga. no, 6 noes & 5 ays.

On the 2d. question there were 7 ays.

The 3d. question was not put, its impropriety being generally
proclaimed.

In consequence of the 2d. vote in favor of a tariff, the 3 first
paragraphs of the Rept. were recommitted together with the letter
from the Superintendt. of Finance.

On the fourth Par. on motion of Mr. Dyer, after the word
"war," in line 5, was inserted "agreeably to the resolution of the
16 of Decr. last."

A motion was made by Mr. Hamilton and Mr. Wilson to strike
out the limitation of 25 years and to make the revenue co-existent
with the debts. This question was lost, the States being N. H.,
no, Mas., no, Contt. divd., N. Y., ay, N. J., ay, Pa., ay, Del., ay,
Maryd., ay, Va., no, N. C., ay, S. C., no.

A motion was made by Mr. Hamilton & Mr. Wilson to strike
out the clauses relative to the appointment of Collectors, and to
provide that the Collectors sd. be inhabitants of the States within
which they sd. collect should be nominated by Congs., and appointed
by the States, and in case such nomination should not
be accepted or rejected within—days it should stand good.
On this question there were 5 ayes and 6 noes.[67]

WEDNESDAY 12, TH. 13, F. 14, S. 15 OF MARCH.

These days were employed in reading the despatches brought
on Wednesday morning by Capt. Barney commanding the Washington
Packet. They were dated from Decr. 4 to 24, from the
Ministers Plenipo: for peace, with journals of preceding transactions,
and were accompanied by the Preliminary articles signed
on the 30th. of Novr., between the said Ministers & Mr. Oswald
the British Minister.

The terms granted to America appeared to Congs. on the whole
extremely liberal.[68] It was observed by several however that the

stipulation obliging Congs. to recommend to the States a restitution
of confiscated property, altho' it could scarcely be understood
that the States would comply, had the appearance of sacrificing
the dignity of Congs., to the pride of the British King.

The separate & secret manner in which our Ministers had proceeded
with respect to France & the confidential manner with
respect to the British Ministers affected different members of
Congs. very differently. Many of the most judicious members
thought they had all been in some measure ensnared by the dexterity
of the British Minister; and particularly disapproved of
the conduct of Mr. Jay in submitting to the Enemy his jealousy
of the French without even the knowledge of Dr. Franklin, and
of the unguarded manner in which he, Mr. A. & Dr. F., had given
in writing sentiments unfriendly to our Ally, and serving as
weapons for the insidious policy of the Enemy. The separate
Article was most offensive, being considered as obtained by G. B.

not for the sake of the territory ceded to her, but as a means of
disuniting the U. S. & France, as inconsistent with the spirit of
the Alliance, and a dishonorable departure from the candor rectitude
& plain dealing professed by Congs.. The dilemma in wch.
Congs. were placed was sorely felt. If they sd. communicate to the
F. Minister every thing they exposed their own Ministers, destroyed
all confidence in them on the part of France & might
engage them in dangerous factions agst. Congs., which was the more
to be apprehended, as the terms obtained by their management
were popular in their nature. If Congs. sd. conceal every thing, &
the F. Court sd. either from the Enemy or otherwise come to the
knowledge of it all confidence wd. be at an end between the allies;
the enemy might be encouraged by it to make fresh experiments,
& the public safety as well as the national honor be endangered.
Upon the whole it was thought & observed by many that our
Ministers particularly Mr. Jay, instead of making allowances for
& affording facilities to France in her delicate situation between
Spain & the U. S., had joined with the enemy in taking advantage
of it to increase her perplexity; & that they had made the safety
of their Country depend on the Sincerity of Ld. Shelburne, which
was suspected by all the world besides, and even by most of themselves.
See Mr. L's. letter Decr. 24th.

The displeasure of the French Court at the neglect of our Ministers
to maintain a confidential intercourse & particularly to
communicate the preliminary articles before they were signed,
was not only signified to the Secy. of F. A., but to sundry members
by the Chevr. de la Luzerne. To the former he shewed a letter
from Ct. de Vergennes directing him to remonstrate to Congs. agst.
the conduct of the American Ministers; which a subsequent letter
countermanded alledged that Docr. F. had given some explanations
that had been admitted; & told Mr. Livingston that the
American Ministers had deceived him (de Vergennes) by telling
him a few days before the preliminary articles were signed, that
the agreement on them was at a distance; that when he carried
the articles signed into Council, the King expressed great indignation,
& asked if the Americans served him thus before peace
was made, & whilst they were begging for aids, what was to be
expected after peace &c. To several Members he mentioned that
the King had been surprised & displeased & that he said he did
not think he had such allies to deal with. To one of them who
asked whether the Ct. of F. meant to complain of them to Congs.,
M. Marbois answered that Great Powers never complained but that
they felt & remembered. It did not appear from any circumstances
that the separate article was known to the Court of F., or to the
Chevr. de la Luzerne.

The publication of the preliminary articles excepting the separate
article in the Newspaper was not a deliberate act of Congs.. A
hasty question for enjoining secrecy on certain parts of the despatches
which included those articles, was lost; and copies havg.
been taken by members & some of them handed to the Delegates
of Pena., one of them reached the printer. When the publication
appeared Congs. in general regretted it, not only as tending too much
to lull the States, but as leading France into suspicions that
Congress favored the premature signature of the articles and were
at least willing to remove in the minds of the people the blame of
delaying peace from G. B. to France.

MONDAY, MARCH 17.

A letter was recd. from Genl. Washington inclosing two anonymous
& inflammatory exhortations to the army to assemble for
the purpose of seeking by other means, that justice which their
Country shewed no disposition to afford them. The steps taken
by the Genl. to avert the gathering storm & his professions of inflexible
adherence to his duty to Congress & to his Country, excited
the most affectionate sentiments towards him. By private
letters from the army & other circumstances there appeared good
ground for suspecting that the Civil creditors were intriguing in
order to inflame the army into such desperation as wd. produce a
general provision for the public debts. These papers were committed
to Mr. Gilman Mr. Dyer, Mr. Clark Mr. Rutledge & Mr.
Mercer. The appt. of These Gentlemen was brought about by a
few members who wished to saddle with this embarrassment the
men who had opposed the measures necessary for satisfying the
army viz. the half pay & permanent funds; agst. one or other of
which the individuals in question had voted.

This alarming intelligence from the army added to the critical
situation to wch. our affairs in Europe were reduced by the variance
of our Ministers with our Ally, and to the difficulty of establishing
the means of fulfilling the Engagemts. & securing the harmony
of the U. S. & to the confusions apprehended from the approaching
resignation of the Superintt. of Finance, gave peculiar awe &
solemnity to the present moment, & oppressed the minds of
Congs. with an anxiety & distress which had been scarcely felt in
any period of the revolution.[69]

TUESDAY MARCH 18.

On the report of the Committee to whom the 3 paragraphs of
the Report on revenues (see March the 6 & 7) had been recommitted,
the said paragraphs were expunged so as to admit the
following amendments which took place without opposition, viz
"Resolved That it be recommended &c &c (see 1vl. 1 P).[70]

                               

	Dols.
Upon all rum of Jamaica proof per Gallon	4/90
Upon all other spirituous liquors	3/90
Upon Madeira wine	12/90
Upon the wines of Lisbon, Oporto, those called Sherry & upon all French wines	6/90
Upon the wines called Malaga or Teneriffe	5/90
Upon all other wines	4/90
Upon common Bohea Tea, Per lb	6/90
Upon all other Teas	24/90
Upon pepper, per lb	3/90
Upon Brown Sugar per lb	½/90
Upon loaf Sugar	2/90
Upon all other Sugars	1/90
Upon molasses per Gallon	1/90
Upon Cocoa & Coffee, per lb	1/90
Upon Salt after the war, per bushel,	1/8

And upon all goods, except arms, ammunition & clothing or
other articles,[71] imported for the use of the U. S., a duty of 5 Per
Ct. ad valorem:

Provided that there be allowed a bounty of 1/8 of a dollar for
every Quintal of dried fish exported from the U. S., and a like sum
for every Barrel of Pickled fish, beef or pork to be paid or allowed
to the exporter thereof at the port from which they shall
be so exported.

The arguments urged by Mr. Wilson in behalf of his motion
(see Journal) for a land tax [of 1/4 of a dollar for 100 acres] other
than those heretofore generally urged were that it was more
moderate than had been paid before the revolution & it cd. not be
supposed the people wd. grudge to pay as the price of their liberty
what they formerly paid to their oppressors; that if it was unequal,
this inequality wd. be corrected by the States in other taxes
—that as the tax on trade would fall chiefly on the inhabitants of
the lower Country who consumed the imports, the tax on land
would affect those who were remote from the Sea & consumed little.

On the opposite side it was alledged that such a tax was repugnant
to the popular ideas of equality & particularly wd never be
acceded to by the S. States at least unless they were to be respectively
credited for the amount; and if such credit were to be
given, it wd be best to let the States chuse such taxes as would
best suit them.

A letter came in & was read from the Secy. of F. A. stating the
perplexing alternative to which Congs. were reduced by the secret
article relating to West Florida, either of dishonoring themselves
by becoming a party to the concealment or of wounding the feelings
& destroying the influence of our Ministers by disclosing the
article to the French Court; and proposing as advisable on the
whole

1.

• That he be authorized to communicate the article in question
  to The French Minister in such manner as would best tend
  to remove the unfavorable impressions which might be made on
  the Ct. of F. as to the sincerity of Congress or their Ministers.

2.

• That the sd. Ministers be informed of this communication,
  and instructed to agree that the limit for W. F., proposed in the
  separate article be allowed to whatever power the said colony may
  be confirmed by a Treaty of peace.

3.

• That it be declared to be the sense of Congress that the preliminary
  articles between the U. S. & G. B. are not to take effect
  untill peace shall be actually signed between the Kings of F. &
  G. B.[72]

Ordered that to-morrow be assigned for the consideration of
the said letter.

WEDNESDAY MARCH 19.

A letter was read from the Superintendt. of Finance, inclosing
letters from Docr. Franklin, accompand. with extracts from the
Ct. de Vergennes relative to money affairs, the Supt. thereupon declaring
roundly that our credit was at an end & that no further
pecuniary aids were to be expected from Europe. Mr. Rutledge
denied these assertions, & expressed some indignation at them.
Mr. Bland said that as the Supt. was of this opinion it would be
absurd for him to be Minister of Finance and moved that the
Come. on his motion for arranging the department might be instructed
to report without loss of time. This motion was

negatived as censuring the Come., but it was understood to be the
sense of Congs. that they sd. report.

The order of the day viz the letter from the Secretary of F. A.
was taken up.

Mr. Wolcot conceived it unnecessary to waste time on the subject
as he presumed Congs. would never so far censure the
Ministers who had obtained such terms for this country as to
disavow their conduct.

Mr. Clarke was decided agst. communicating the separate article,
which wd. be sacrificing meritorious Ministers, & wd. rather injure
than relieve our national honor. He admitted that the separate
article put an advantage into the hands of the Enemy, but did not
on the whole deem it of any great consequence. He thought
Congress ought to go no farther than to inform the Ministers that
they were sorry for the necessity which had led them into the part
they had taken, & to leave them to get rid of the embarrassmt. as
to the separate article in such a way as they sd. judge best. This
expedient would save Congress & spare our Ministers who might
have been governed by reasons not known to Congress.

Mr. Mercer said that not meaning to give offence any where,
he should speak his sentiments freely. He gave it as his clear &
decided opinion that the Ministers had insulted Congress by
sending them assertions without proof as reasons for violating
their instructions, & throwing themselves into the confidence of
G. B. He observed that France in order to make herself equal
to the Enemy had been obliged to call for aid & had drawn Spain
agst. her interest into the war; that it was not improbable that she
had entered into some specific engagements for that purpose;
that hence might be deduced the perplexity of her situation, of
which advantage had been taken by G. B. an advantage in which
our Ministers had concurred for sowing jealousies between F. &
U. S. & of which further advantage wd. be taken to alienate the
minds of the people of this Country from their ally, by presenting
him as the obstacle to peace. The British Court he said havg.
gained this point may easily frustrate the negotiation & renew the
war agst. divided enemies. He approved of the conduct of the
Count de Vergennes in promoting a treaty under the 1st. Comissn.
to Oswald as preferring the substance to the shadow & proceeding

from a desire of peace. The conduct of our Ministers throughout,
particularly in giving in writing every thing called for by the
British Minister expressive of distrust of France was a mixture
of follies which had no example was a tragedy to America & a
comedy to all the world beside. He felt inexpressible indignation
at their meanly stooping, as it were to lick the dust from the
feet of a nation whose hands were still dyed with the blood of
their fellow-citizens. He reprobated the chicane & low cunning
wch. marked the journals transmitted to Congress, and contrasted
them with the honesty & good faith which became all nations &
particularly an infant republic. They proved that America had
at once all the follies of youth and all the vices of old age; thinks
it wd. be necessary to recall our Ministers; fears that France
may be already acquainted with all the transactions of our Ministers,
even with the separate article, & may be only waiting the
reception given to it by Congs. to see how far the hopes of cutting
off the right arm of G. B. by supporting our revolution may have
been well founded; and in case of our basely disappointing her,
may league with our Enemy for our destruction and for a division
of the Spoils. He was aware of the risks to which such a league
wd. expose France, of finally losing her share, but supposed that
the British Islands might be made hostages for her security. He
said America was too prone to depreciate political merit, & to
suspect where there was no danger; that the honor of the King
of F. was dear to him, that he never wd. betray or injure us unless
he sd. be provoked & justified by treachery on our part. For the
present he acquiesced in the proposition of the Secy. of Fn. As. But
when the question should come to be put, he sd. be for a much
more decisive resolution.

Mr. Rutledge said he hoped the character of our Ministers
would not be affected much less their recall produced by declamations
agst. them; and that facts would be ascertained & stated
before any decision sd. be passed; that the Ct. de Vergennes had
expressly declared to our Ministers his desire that they might
treat apart alluded to & animadverted upon the instruction which
submitted them to French councils; was of opinion that the
separate article did not concern France & therefore there was no
necessity for communicating it to her; & that as to Spain she

deserved nothing at our hands, she had treated us in a manner that
forfeited all claim to our good offices or our confidence. She
had not as has been supposed entered into the present war as an
ally to our Ally for our support; but as she herself had declared,
as a principal & on her own account. He sd. he was for adhering
religiously to the Spirit & leter of the treaty with France, that
our Ministers had done so, & if recalled or censured for the part
they had acted, he was sure no man of spirit would take their
place. He concluded with moving that the letter from the
Secy. of F. A. might be referred to a special Comme., who might
inquire into all the facts relative to the subject of it. Mr. Holten
2ded. the motion.

Mr. Williamson was opposed to harsh treatment of the Ministers
who had shown great ability. He said they had not infringed
the Treaty, and as they had received the concurrence of the Ct. de
Vergennes for treating apart they had not in that respect violated
their instructions. He proposed that Congress sd. express to the
Ministers their concern at the separate article & leave them to
get over the embarrassment as they shd. find best.

Mr. Mercer in answer to Mr. Rutledge said that his language
with respect to the Ministers was justified by their refusal to obey
instructions, censured wth. great warmth the servile confidence of
Mr. Jay in particular in the British Ministers. He said the separate
article was a reproach to our character, and that if Congress
wd. not themselves disclose it he would disclose to his Constituents
who would disdain to be united with those who patronize
such dishonorable proceedings. He was called to order by the
Presidt., who said that the article in question was under an injunction
of secrecy & he could not permit the order of the House
to be trampled upon.

Mr. Lee took notice that obligations in national affairs as well
as others ought to be reciprocal & he did not know that France
had ever bound herself to like engagements as to concert of
negotiation with those into which America had at different times
been drawn. He thought it highly improper to censure Ministers
who had negotiated well, said that it was agreeable to practice &
necessary to the end proposed, for Ministers in particular emergencies
to swerve from strict instructions. France he said wanted

to sacrifice our interests to her own or those of Spain, that the
French answer to the British Memorial contained a passage
which deserved attention on this subject. She answered the reproaches
of perfidy contained in that Memorial, by observing
that obligations being reciprocal, a breach on one side absolved
the other. The Ct. de Vergennes he was sure, was too much a
Master of negotiation not to approve the management of our
Ministers instead of condemning it. No man lamented more
than he did any diminution of the confidence between this
country & France, but if the misfortune should ensue it could
not be denied that it had originated with France, who had
endeavoured to sacrifice our territorial rights, those very rights
which by the Treaty she had guarantied to us. He wished the
preliminary articles had not been signed without the knowledge
of France but was persuaded that in whatever light she might
view it, she was too sensible of the necessity of our Independence
to her safety ever to abandon it. But let no censure fall on our
Ministers who had upon the whole done what was best. He
introduced the instruction of June 15 1781 proclaimed it to be
the greatest opprobrium and stain to this country which it had
ever exposed itself to, and that it was in his judgment the true
cause of that distrust & coldness which prevailed between our
Ministers & the French Court, inasmuch as it could not be
viewed by the former without irritation & disgust. He was not
surprised that those who considered France as the Patron rather
than the Ally of this Country should be disposed to be obsequious
to her, but he was not of that number.

Mr. Hamilton urged the propriety of proceeding with coolness
and circumspection. He thought it proper in order to form a
right judgment of the conduct of our Ministers, that the views of
the French & British Courts should be examined. He admitted
it as not improbable that it had been the policy of France to procrastinate
the definite acknowledgmt. of our Independence on the
part of G. B., in order to keep us more knit to herself & untill
her own interests could be negotiated. The arguments how̃er,
urged by our Ministers on this subject, although strong, were not
conclusive; as it was not certain, that this policy & not a desire
of excluding obstacles to peace, had produced ye. opposition of

the French Court to our demands. Caution & vigilance he thought
were justified by the appearance & that alone. But compare this
policy with that of G. B., survey the past cruelty & present
duplicity of her councils, behold her watching every occasion &
trying every project for dissolving the honorable ties which bind
the U. S. to their Ally, & then say on which side our resentments
& jealousies ought to lie. With respect to the instructions submitting
our Ministers to the advice of France, he had disapproved
it uniformly since it had come to his knowledge, but he had always
judged it improper to repeal it. He disapproved highly of
the conduct of our Ministers in not shewing the preliminary
articles to our Ally before they signed them, and still more so of
their agreeing to the separate article. This conduct gave an advantage
to the Enemy which they would not fail to improve for
the purpose of inspiring France with indignation & distrust of
the U. S. He did not apprehend (with Mr. Mercer) any danger
of a coalition between F. & G. B. against America, but foresaw
the destruction of mutual Confidence between F. & the U. S.,
which wd. be likely to ensue, & the danger which would result
from it in case the war should be continued. He observed that
Spain was an unwise nation, her policy narrow & jealous, her
King old her Court divided & the heir apparent notoriously
attached to G. B. From these circumstances he inferred an apprehension
that when Spain shd. come to know the part taken by
America with respect to her a separate treaty of peace might be
resorted to. He thought a middle course best with respect to our
Ministers; that they ought to be commended in general; but that
the communication of the separate article ought to take place.
He observed that our Ministers were divided as to the policy of
the Ct. of France, but that they all were agreed in the necessity of
being on the watch against G. B. He apprehended that if the
Ministers were to be recalled or reprehended, that they would be
disgusted & head & foment parties in this Country. He observed
particularly with respect to Mr. Jay that, altho' he was a man of
profound sagacity & pure integrity, yet he was of a suspicious
temper, & that this trait might explain the extraordinary jealousies
which he professed. He finally proposed that the Ministers sd. be
ocmmended and the separate article communicated. This motion
was 2ded. by Mr. Osgood, as compared however with the proposition
of the Secry. for F. A., and so far only as to be referred to a
Committee.

Mr. Peters favored a moderate course as most advisable. He
thought it necessary that the separate article should be communicated,
but that it wd. be less painful to the feelings of the Ministers
if the doing it was left to themselves; and was also in favor of
giving the territory annexed by the Separate art. to W. Florida,
to such power as might be vested with that Colony in the Treaty
of peace.

Mr. Bland said he was glad that every one seemed at length to
be struck with the impropriety of the instruction submitting our
Ministers to the advice of the French Court. He represented it
as the cause of all our difficulties & moved that it might be referred
to the Come., with the several propositions which had been
made. Mr. Lee 2ded. the motion.

Mr. Wilson objected to Mr. Bland's motion as not being in order.
When moved in order perhaps he might not oppose the substance of
it. He said he had never seen nor heard of the instruction it referred
to until this morning; and that it had really astonished him; that this
Country ought to maintain an upright posture between all nations.
But however objectionable this step might have been in Congs.,
the magnanimity of our Ally in declining to obtrude his advice on
our Ministers ought to have been a fresh motive to their confidence
and respect. Altho' they deserved commendation in
general for their services; in this respect they do not. He was
of opinion that the spirit of the treaty with France forbade
the signing of the preliminary articles without her consent; and
that the separate article ought to be disclosed; but as the merits
of our Ministers entitled them to the mildest & most delicate
mode in which it cd. be done, he wished the communication to be
left to themselves as they wd. be the best judges of the explanation
which ought to be made for the concealment; & their feelings
wd. be less wounded than if it were made without their intervention.
He observed that the separate article was not important in
itself & became so only by the mysterious silence in which it was
wrapt up. A candid and open declaration from our Ministers of
the circumstances under which they acted & the necessity

produced by them of pursuing the course marked out by the interest
of their Country, wd. have been satisfactory to our Ally, wd.
have saved their own honor, and Would not have endangered the
objects for which they were negotiating.

Mr. Higginson contended that the facts stated by our Ministers
justified the part they had taken.

Mr. Madison expressed his surprise at the attempts made to fix
the blame of all our embarrassments on the instruction of June
15, 1781, when it appeared that no use had been made of the
power given by it to the Ct. of France, that our Ministers had construed
it in such a way as to leave them at full liberty; and that
no one in Congs. pretended to blame them on that acct.. For
himself he was persuaded that their construction was just; the
advice of France having been made a guide to them only in cases
where the question respected the concessions of the U. S. to G.
B. necessary & proper for obtaining peace & an acknowledgt. of
Indepe. not where it respected concessions to other powers & for
other purposes. He reminded Congress of the change which had
taken place in our affairs since that instruction was passed,[73]
and remarked the probability that many who were now perhaps
the loudest in disclaiming, would under the circumstances of that
period have been the foremost to adopt it. He admitted that the
change of circumstances had rendered it inapplicable, but thought
an express repeal of it might at this crisis at least have a bad
effect. The instructions he observed for disregarding which our
Ministers had been blamed, and which if obeyed would have prevented
the dilemma now felt, were those which required them to
Act in concert & in confidence with our Ally; & these instructions
he said had been repeatedly confirmed in every stage of the Revolution
by unanimous votes of Congress; Several of the Gentlemen
present[74] who now justified our Ministers having concurred in
them, and one of them[75] having penned two of the Acts, in one of

which Congs. went farther than they had done in any preceding
act; by declaring that they would not make peace until the interests
of our allies and friends, as well as of the U. S. sd. be
provided for.

As to the propriety of communicating to our Ally the separate
article, he thought it resulted clearly from considerations both of
national honor & national security. He said that Congress having
repeatedly assured their ally that they would take no step in
a negotiation but in concert and in confidence with him, and
havg. even published to the world solemn declarations to the same
effect, would if they abetted this concealment of their Ministers
be considered by all nations as devoid of all Constancy & good
faith; unless a breach of these assurances and declarations cd. be
justified by an absolute necessity or some perfidy on the part of
France; that it was manifest no such necessity could be pleaded,
& as to perfidy on the part of France, nothing but suspicions &
equivocal circumstances had been quoted in evidence of it, and
even in these it appeared that our Ministers were divided; that
the embarrassmt. in which France was placed by the interfering
claims of Spain & the U. S. must have been foreseen by our
Ministers, and that the impartial public would expect that instead
of co-operating with G. B. in taking advantage of this embarrassment,
they ought to have made every allowance & given
every facility to it consistent with a regard to the rights of their
Constituents; that admitting every fact alledged by our Ministers
to be true, it could by no means be inferred that the opposition
made by France to our claims was the effect of any hostile or
ambitious designs agst. them, or of any other design than that of
reconciling them with those of Spain; that the hostile aspect
wch. the separate art: as well as the concealment of it bore to
Spain, would be regarded by the impartial world as a dishonorable
alliance with our enemies against the interests of our friends;
but notwithstanding the disappointments & even indignities
which the U. S. had recd. from Spain it could neither be denied
nor concealed that the former had derived many substantial advantages,
from her taking part in the war & had even obtained
some pecuniary aids; that the U. S. had made professions
corresponding with these obligations; that they had testified the

important light in which they considered the support resulting to
their cause from the arms of Spain by the importunity with which
they had courted her alliance, by the concessions with which they
had offered to purchase it, and by the anxiety which they
expressed at every appearance of her separate negotiations for a
peace with the common Enemy.

That our national safety would be endangered by Congress
making themselves a party to the concealment of the separate
article, he thought could be questioned by no one. No definitive
treaty of peace, he observed had as yet taken, place, the important
articles between some of the belligerent parties had not even
been adjusted, our insidious enemy was evidently laboring to sow
dissensions among them, the incaution of our Ministers had but
too much facilitated them between the U. S. and France; a renewal
of the war therefore in some form or other was still to be
apprehended & what would be our situation if France & Spain
had no confidence in us; and what confidence could they have if
we did not disclaim the policy which had been followed by our
Ministers.

He took notice of the intimation given by the British Minister
to Mr. Adams of an intended expedition from N. York agst. W.
Florida, as a proof of the illicit confidence into which our Ministers
had been drawn, & urged the indispensable duty of Congs. to
communicate it to those concerned in it. He hoped that if a
Come. sd. be appd. for wch. however he saw no necessity that this
wd. be included in their report & that their report wd. be made
with as little delay as possible.

In the event the lettr. from the Secy. of F. A., with all the
despatches & the several propositions which had been made,
were committed to Mr. Wilson, Mr. Ghoram, Mr. Rutledge, Mr.
Clarke & Mr. Hamilton.

THURSDAY MARCH 20.

An instruction from the Legislature of Virga. to their Delegates
agst. admitting into the Treaty of Peace any stipulation for
restoring confiscated property was laid before Congress.

Also resolutions of the Executive Council of Penna. requesting

the Delegates of that State to endeavour to obtain at least a reasonable
term for making the payment of British debts stipulated
in the preliminary articles lately recd..

These papers were committed to Mr. Osgood, Mr. Mercer &
Mr. Fitzsimmons.

Mr. Dyer whose vote on the [tenth] day of [March] frustrated
the commutation of the half pay made a proposition substantially
the same wch was committed. This seemed to be extorted from
him by the critical state of our affairs, himself personally & his
State being opposed to it.

The Motion of Mr. Hamilton on the Journals,[76] was meant as a
testimony on his part of the insufficiency of the report of the
Come. as to the establishmt of revenues, and as a final trial of the
sense of Congs with respect to the practicability & necessity of a
general revenue equal to the public wants. The debates on it
were chiefly a repetition of those used on former questions
relative to that subject.

Mr. Fitzsimmons on this occasion declared that on mature
reflection he was convinced that a complete general revenue was
unattainable from the States, was impracticable in the hands of
Congress, and that the modified provision reported by the Come.
if established by the States wd restore public credit among ourselves.
He apprehended however that no limited funds wd procure
loans abroad, which wd require funds commensurate to their
duration.

Mr. Higginson described all attempts of Congs to provide for
the public debts out of the mode prescribed by the Confederation,
as nugatory; sd. that the States wd disregard them that the impost
of 5 Pe Ct. had passed in Massts by 2 voices only in the lower, &
one in the upper house; and that the Govr. had never formally
assented to the law; that it was probable this law wd be repealed,

& almost certain that the extensive plans of Congress would be
reprobated.

FRIDAY MARCH 21.

The Report on Revenue was taken into consideration; and the
5 and 6 paragraphs after discussion being judged not sufficiently
explicit were recommitted to be made more so.

A motion was made by Mr. Clarke, 2ded by Mr. Bland to complete
so much of the Report as related to an impost on Trade &
send it to the States immediately apart from the residue.

In support of this motion it was urged that the Impost was distinct
in its nature was more likely to be adopted & ought not
therefore to be delayed or hazarded by a connection with the
other parts of the Report. On the other side it was contended
that it was the duty of Congs to provide a system adequate to the
public exigencies; & that such a system wd be more likely to be
adopted by the States than any partial or detached provision, as
it would comprise objects agreeable as well as disagreeable to each
of the States, and as all of them wd feel a greater readiness to
make mutual concessions & to disregard local considerations in
proportion to the magnitude of the object held out to them.

The motion was disagreed to, N. J. being in favor of it & several
other States divided.

SATURDAY 22. MARCH

A letter was recd from Genl Washington inclosing his address
to the convention of Officers with the result of their consultations.
The dissipation of the cloud which seemed to have been gathering
afforded great pleasure on the whole to Congress; but it was observable
that the part which the Genl had found it necessary &
thought it his duty, to take, would give birth to events much more
serious if they sd. not be obviated by the establishment of such
funds as the Genl, as well as the army had declared to be necessary.[77]

The report of the come on Mr. Dyer's motion, in favor of

a commutation for the half pay was agreed to. The preamble
was objected to, but admitted at the entreaty of Mr. Dyer who
supposed the considerations recited in it wd tend to reconcile the
State of Cont to the measure.

An order passed for granting 35 licenses for vessels belonging
to Nantucket, to secure the Whaling vessels agst the penalty
for double papers. This order was in consequence of a deputation
to Congs representing the exposed situation of that island,
the importance of the Whale fishery to the U. S., the danger of
its being usurped by other nations & the concurrence of the
Enemy in neutralizing such a number of Vessels as wd carry on
the fisheries to an extent necessary for the support of the inhabitants.

The Come, to whom was referred the letter from the Secy of
F. A., with the foreign despatches &c reported

1.

• That our Ministers be thanked for their zeal & services in
  negotiating the preliminary articles.

2.

• that they be instructed to make a communication of the
  separate article to the Court of France, in such way as would best
  get over the concealment.

3.

• that the Secy of F. A. inform them that it is the wish of Congress
  that preliminary articles had been communicated to the
  Court of France before they had been executed.

Mr. Dyer said he was opposed to the whole report; that he
fully approved of every step taken by our Ministers as well towards
G. B. as towards France; that the separate article did not
concern the interests of France & therefore could not involve the
good faith of the U. S.

Mr. Lee agreed fully with Mr. Dyer, said that the special report
of facts ought to have been made necessary for enabling Congs to
form a just opinion of the Conduct of the Ministers, and moved
that the report might be recommitted. Mr. Wolcott 2ded. the motion
which was evidently made for the sole purpose of delay. It
was opposed by Mr. Clarke, Mr. Wilson & Mr. Ghoram the 1st. &
last of whom had however no objection to postponing; by Mr.
Mercer who repeated his abhorrence of the confidence shewn by
our Ministers to those of G. B. said that it was about to realize
the case of those who kicked down the ladder by wch they had

been elevated, & of the viper which was ready to destroy the
family of the man in whose bosom it had been restored to life,
observed that it was unwise to prefer G. B. to Spain as our neighbours
in W. Florida.

Mr. Higginson supported the sentiments of Mr. Lee, sd. that the
Ct. de V. had released our Ministers & that he agreed with those
who thought the instruction of June 15. cd. relate only to questions
directly between G. B. & U. S.

Mr. Holten thought there was no sufficient evidence for praise
or blame; and that both ought to be suspended untill the true
reasons sd. be stated by the Ministers. He supposed that the
separate article had been made an ultimatum of the preliminaries
by G. B. & that there might also be secret arts. between G. B. &
F. If the latter were displeased he conceived that she wd. officially
notify it. Mr. Rutledge was agst. recommitting but for postponing.
The motion for recommg. was disagreed to, but several
States being for postponing, the vote was no index as to the
main question.

It had been talked of among sundry members as very singular
that the British Minister should have confided to Mr. Adams an
intended expedition from N. Y. agst. W. Florida; as very reprehensible
in the latter to become the depository of secrets hostile
to the Friends of his Country, and that every motive of honor &
prudence made it the duty of Congs. to impart the matter to the
Spaniards. To this effect a motion was made by Mr. Mercer
2ded. by Mr. Madison. But it being near the usual hour of adjournment,
the house being agitated by the debates on the
separate article; and a large proportion of members predetermined
agst. every measure wch. seemed in any manner to
blame ye. Ministers & the Eastern delegates in general extremely
jealous of the honor of Mr. Adams, an adjournment was pressed
& carried without any vote on the motion.

MONDAY MARCH 24TH.

On the day preceding this, intelligence arrived which was this
day laid before Congs., that the Preliminaries for a general peace
had been signed on the 20th. of Jany. This intelligence was

brought, by a French Cutter from Cadiz despatched by Ct.
d'Estaing to notify the event to all vessels at sea, and engaged by
the zeal of the Marquis de la Fayette to convey it to Congress.[78]
This confirmation of peace produced the greater joy, as the preceding
delay, the cautions of Mr. Lauren's Letter of the 24 of Decr.
and the general suspicions of Ld. Shelburne's sincerity had rendered
an immediate & general peace extremely problematical in the
minds of many.

A letter was recd. from Genl. Carleton thro Genl. Washington inclosing
a copy of the Preliminary articles between G. B. & the
U. S., with the separate article annexed.

Mr. Carroll after taking notice of the embarrassment under
which Congs. was placed by the injunction of secrecy as to the
separate article after it had probably been disclosed in Europe
& it now appeared was known at N. York, called the attention
of Congs. again to that subject.

Mr. Wolcot still contended that it would be premature to take
any step relative to it, until further communications should be
recd. from our Ministers.

Mr. Gilman being of the same opinion, moved that the
business be postponed. Mr. Lee 2ded. it.

Mr. Wilson conceived it indispensably necessary that something
should be done; that Congs. deceived themselves if they
supposed that the separate art: was any secret at N. York after it
had been announced to them from Sr. Guy Carleton. He professed
a high respect for the character of the Ministers which had
received fresh honor from the remarkable steadiness and great
abilities displayed in the negotiations, but that their conduct
with respect to the separate article could not be justified. He

did not consider it as any violation of the instructions of June
15th. 1781, the Ct. de Vergennes having happily released them
from the obligation of it. But he considered it with the signing
of the preliminaries secretly as a violation of the spirit of
the Treaty of Alliance as well as of the unanimous professions to
the Court of France, unanimous instructions to our Ministers, &
unanimous declarations to the world, that nothing should be discussed
towards peace but in confidence and in concert with our
Ally. He made great allowance for the Ministers, saw how they
were affected and the reasons of it, but could not subscribe to
the Opinion that Congs. ought to pass over the separate article in
the manner that had been urged; Congs. ought he said to disapprove
of it in the softest terms that could be devised & at all
events not to take part in its concealment.

Mr. Bland treated the separate article with levity and ridicule;
as in no respect concerning France, but Spain with whom we had
nothing to do.

Mr. Carroll thought that, unless something expressive of our
disapprobation of the article & of its concealment, was done,
that it would be an indelible stain on our character.

Mr. Clarke contended that it was still improper to take any step,
either for communicating officially, or for taking off the injunction
of secrecy, that the article concerned Spain, and not France, but
that if it sd. be communicated to the latter she would hold herself
bound to communicate it to the former that hence an embarrassment
might ensue; that it was probably this consideration which
led the Ministers to the concealment, and he thought they had
acted right. He described the awkwardness attending a communication
of it under present circumstances; remarking, finally that
nothing had been done contrary to the Treaty, and that we were
in possession of sufficient materials[79] to justify the suspicions wch.
had been manifested.

Mr. Rutledge was strenuous for postponing the subject, said
that Congs. had no occasion to meddle with it that the Ministers
had done right, that they had maintained the honor of the U. S.
after Congress had given it up; that the manœuvre practiced by

them was common in all courts & was justifiable agst. Spain who
alone was affected by it; that instructions ought to be disregarded
whenever the public good required it; and that he himself would
never be bound by them when he thought them improper.

Mr. Mercer combatted the dangerous tendency of the Doctrine
maintained by Mr. Rutledge with regard to instructions; and observed
that the Delegates of Virga. havg. been unanimously
instructed not to conclude or discuss any Treaty of Peace but in
confidence & in concert with his M. C. M. he conceived himself
as much bound as he was of himself inclined to disapprove every
other mode of proceeding, and that he should call for the yeas &
nays on the question for his justification to his constituents.

Mr. Bland tartly said that he of course was instructed as well
as his colleague & sd. himself require the yeas and nays to justify
an opposite conduct, that the instructions from his constituents
went no farther than to prohibit any Treaty without the concurrence
of our Ally;[80] which prohibition had not been violated in
the case before Congress.

Mr. Lee was for postponing & burying in oblivion the whole
transaction; he sd. that delicacy to France required this; since if
any thing should be done implying censure on our Ministers, it must
& ought to be done in such a way as to fall ultimately on France
whose unfaithful conduct had produced & justified that of our
Ministers. In all national intercourse he said a reciprocity was
to be understood; and as France had not communicated her views
& proceedings to the American Plenipotentiaries, the latter were
not bound to communicate theirs. All instructions he conceived
to be conditional in favor of the public good; and he cited the
case mentioned by Sr. Wm. Temple in which the Dutch Ministers
concluded of themselves an Act which required the previous
sanction of all the members of the Republic.

Mr. Hamilton said that whilst he despised the man who wd. enslave
himself to the policy even of our Friends he could not but
lament the overweening readiness which appeared in many to
suspect everything on that side & to throw themselves into the
bosom of our enemies. He urged the necessity of vindicating

our public honor by renouncing that concealment to which it was
the wish of so many to make us parties.

Mr. Wilson in answer to Mr. Lee observed that the case
mentioned by Sr. Wm. T. was utterly inapplicable to the case in
question; adding that the conduct of France had not on the
principle of reciprocity, justified our Ministers in signing the provisional
preliminaries without her knowledge, no such steps
having been taken on her part. But whilst he found it to be his
duty thus to note the faults of these gentlemen, he with much
greater pleasure gave them praise for their firmness in refusing to
treat with the British Negotiator until he had produced a proper
commission, in contending for the fisheries, and in adhering to our
Western claims.

Congress adjourned without any question.

TUESDAY NO CONGRESS.

WEDNESDAY MARCH 26.

Communication was made, thro' the Secry. of F. A., by the
Minister of France, as to the late negotiation, from letterS recd. by
him from the Ct. de Vergennes, dated in Decr. last & brought by
the Washington Packet. This communication shewed, though
delicately that France was displeased with our Ministers for signing
the prely. arts. separately; that she had labored by recommending
mutual concessions to compromise disputes between Spain &
the U. S., and that she was apprehensive that G. B. would hereafter
as they already had endeavored to sow discords between
them. It signified that the "intimacy between our Ministers &
those of G. B." furnished a handle for this purpose.

Besides the public communication to Congress other parts of
letters from the Ct. de Vergennes were privately communicated to
the Presidt. Of Congs. & to sundry members, expressing more
particularly the dissatisfication of the Ct. of F. at the conduct of
our Ministers; and urging the necessity of establishing permanent
revenues for paying our debts & supporting a national character.
The substance of these private communications, as taken on the
23. instant by the President, is as follows;

FINANCE.

"That the Ct. de Vergennes was alarmed at the extravagant demands
of Docr. Franklin in behalf of the U. S.; that he was surprised
at the same time that the inhabitants paid so little attention
to doing something for themselves. If they could not be brought
to give adequate funds for their defence during a dangerous war,
it was not likely that so desirable an end could be accomplished
when their fears were allayed by a general peace that this reasoning
affected the credit of the U. S., and no one could be found
who would risque their money under such circumstances; that
the King would be glad to know what funds were provided for
the security and payment of the 10 Millions borrowed by him in
Holland, that the Count de Vergennes hardly dared to report in
favor of the U. S. to the King & Council, as money was so scarce
that it would be with the greatest difficulty that even a small part of
the requisition could be complied with. The causes of this scarcity
were a five years' war which had increased the expenses of Government
to an enormous amount—the exportation of large sums
of specie to America for the support and pay of both French and
English armies—the loans to America—the stoppage of Bullion
in S. America, which prevented its flowing in the usual channels."[81]
A letter of a later date added

"That he had received the Chevrs. letter of Ocr. and rejoiced to
find that Congress had provided funds for their debts, which gave
him great encouragemt., and he had prevailed on the Comptroller
General to join him in a report to his Majesty & Council for 6
Millions of livres for the U. S. to support the war, but assures the
Chevalier de la Luzerne, that he must never again consent to a
further application."

NEGOTIATIONS.

"He complains of being treated with great indelicacy by the
American Commissrs., they having signed the Treaty without any
confidential communication, that had France treated America

with the same indelicacy she might have signed her Treaty first
as every thing between France & England was settled, but the
King chose to keep faith with his allies, and therefore always
refused to do any thing definitively, till all his allies were ready;
that this conduct had delayed the definitive Treaty, England having
considered herself as greatly strengthened by America; that
Docr. Franklin waited on the Ct. de Vergennes & acknowledged
the indelicacy of their behavior & had prevailed on him to bury
it in oblivion; that the English were endeavouring all in their
power to sow seeds of discords between our Commissrs. & the
Court of Spain, representing our claims to the Westward as extravagant
and inadmissible, that it became Congress to be attentive
to this business, & to prevent the ill effects that it might be
attended with, that the King had informed the Court of Spain,
that tho' he heartily wished that the U. S. might enjoy a cordial
coalition with his Cath. Majesty, yet he should leave the whole
affair entirely to the two States and not interfere otherwise than
as by his counsel & advice when asked, that altho' the U. S. had
not been so well treated by Spain as might have been expected,
yet that his Majesty wished that America might reap the advantage
of a beneficial Treaty with Spain. That as the peace was
not yet certain, it became all the powers at war, to be ready for a
vigorous campaign, and hoped Congs. would exert themselves to
aid the common cause by some offensive operations against the
Enemy, but if the British should evacuate the U. S., the King
earnestly hoped Congs. would take the most decided measures to
prevent any intercourse with the British, and particularly in the
way of merchandize or supplying them with provisions, wch. would
prove of the most dangerous tendency to the campaign in the W.
Indies, that the British now had hopes of opening an extensive
trade with America, tho' the war should continue, which, if they
should be disappointed in, might hasten the definitive Treaty, as
it would raise a clamor among the people of England.

The Chevr. added that as he had misinformed his Court with regard
to Congs. having funded their debts, on which presumption
the 6 Milon. had been granted, he hoped Congs. would enable him
in his next despatches to give some satisfactory account to his
Court on this head."

THURSDAY, MARCH 27. THIS DAY NOT NOTED IN THE
JOURNAL AS IN SOME OTHER INSTANCES.

Revenues taken up as reported Mar. 7.[82]

The 5 paragraph in the Report on Revenue havg. been judged
not sufficiently explicit, and recommitted to be made more so, the
following paragraph was recd. in its place viz "That it be further
recommended to the several States, to establish for a term limited
to 25 years, and to appropriate" &c (to the word 2 Million of
dollars annually) which proportions shall be fixed and equalized
from time to time according to such rule as is or may be prescribed
by the Articles of Confederation; and in case the revenues so
established and appropriated by any State shall at any time yield
a sum exceeding its proportion, the excess shall be refunded to
it, and in case the same shall be found to be defective the immediate
deficiency shall be made good as soon as possible, and a
future deficiency guarded against by an enlargement of the Revenues
established provided that untill the rule of the Confederation
can be applied, the proportions of the 2,000,000 of dollars
aforesaid shall be as follows, viz

This amendment was accepted; a motion of Mr. Clarke to restrain
this apportionmt., in the first instance, to the term of 2
years, being first negatived. He contended that a valuation of
land would probably never take place, and that it was uncertain

whether the rule of numbers wd. be substituted and therefore that
the first apportionment might be continued throughout the 25
years, altho it must be founded on the present relative wealth of
the States, which would vary every year, in favor of those which
are the least populous.

This reasoning was not denied, but it was thought that such a
limitation might leave an interval in which no apportionment wd.
exist, whence confusion would proceed, & that an apprehension
of it would destroy public Credit.

A motion was made by Mr. Bland, 2ded. by Mr. Lee to go back
to the first part of the report & instead of the word "levy" an impost
of 5 Per C., to substitute the word "collect" an impost
&c. It was urged in favor of this motion that the first word
imported a legislative idea, & the latter an executive only, and
consequently the latter might be less obnoxious to the States. On
the other side it was said that the States would be governed more
by things than by terms; that if the meaning of both was the
same, an alteration was unnecessary; that if not, as seemed to be
the case, an alteration would be improper. It was particularly
apprehended, that if the term "collect" were to be used, the
States might themselves fix the mode of collection; whereas it was
indispensable that Congs. sd. have that power as well as that it
might be varied from time to time as circumstances or experience
sd. dictate, as that a uniformity might be observed throughout the
States. On the motion of Mr. Clarke, the negative was voted by
a large Majority, there being 4 ays only.

On the (8) parag. there was no argt. or opposition.

The (9) paragraph being considered by several as inaccurate in
point of phraseology, a motion was made by Mr. Madison to postpone
it, to take into consideration the following to wit "That in
order to remove all objections against a retrospective application
of the constitutional rule to the final apportionment on the several
States, of the monies & supplies actually contributed in pursuance
of requisitions of Congress, it be recommended to the States to
enable the U. S., in Congs. assembld. to make such equitable
abatements & alterations as the particular circumstances of the
States from time to time during the war may require, and as will
divide the burden of such actual contributions among them in

proportion to their respective abilities at the periods at which they
were made." On a question of striking out, the original paragraph
was agreed to without opposition. On the question to
insert the amendment of Mr. M., the votes of the States were,
5 ays, 6 noes, viz N. H. no—Cont. no—N. J. no. — Delre. no. —
Maryld. no.—S. C. no. the rest ay.

On the (10) paragraph relative to expences incurred by the
States without the sanction of Congs., Mr. Clarke exclaimed agst.
the unreasonableness of burdening the Union with all the extravagant
expenditures of particular States; and moved that it might
be struck out of the Report. Mr. Helmsly 2ded. the motion.

Mr. Madison said that the effects of rejecting this paragraph
wd. be so extensive that a full consideration of it ought at least to
precede such a step that the expences referred to in the paragraph
were, in part such as would have been previously sanctioned
by Congs., if application cd. have been made; since similar ones
had been so with respect to States within the vicinity of Congs. and
therefore complaints of injustice would follow a refusal; that
another part of the expences had been incurred in support of
claims to the territory of which cessions were asked by Congs., and
therefore these cd. not be expected, if the expences incident to
them should be rejected; that it was probable if no previous assurance
were given on this point, it would be made a condition
by the States ceding, as the Cessions of territory would be made a
condition by the States most anxious to obtain them; that by
these means the whole plan would be either defeated, or the part
thereof in question be ultimately forced on Congs., whilst they
might with a good grace yield it in the first instance; not to mention
that these unliquidated & unallowed claims would produce
hereafter such contests & heats among the States as wd. probably
destroy the plan even if it sd. be acceded to by the States without
this paragraph.

Mr. Dyer was in favor of the paragraph.

Mr. Rutledge opposed it as letting in a flood of claims which
were founded on extravagant projects of the States.

Mr. Higginson and Mr. Ghorham were earnest in favor of it,
remarking that the distance of Massachusetts from Congs. had denied
a previous sanction to the Militia operations agst. General

Burgoyne &c. The Penobscot expedition, also, had great weight
with them.

Mr. Williamson was in favor of it.

Mr. Wilson said he had always considered this Country with
respect to the war as forming one community; and that the States
which by their remoteness from Congs, had been obliged to incur
expences for their defence without previous sanction, ought to be
placed on the same footing with those which had obtained this
security; but he could not agree to put them on a better which
wd. be the case if their expenses should be sanctioned in the lump;
he proposed therefore that these expenses sd. be limited to such as
had been incurred in a necessary defence; and of which the object
in each case should be approved by Congress.

Mr. Madison agreed that the expressions in the paragh were
very loose, & that it wd. be proper to make them as definite as the
case wd admit; he supposed however that all operations agst the
enemy within the limits assigned to the U. S. might be considered
as defensive, & in that view the expedition agst Penobscot might
be so called. He observed that the term necessary left a discretion
in the Judge as well as the term reasonable; and that it wd be
best perhaps for Congress to determine & declare that they
wd constitute a tribunal of impartial persons to decide on oath as
to the propriety of claims of States not authorized heretofore
by Congs. He sd this wd be a better security to the States &
wd be more satisfactory than the decisions of Congs, the members
of wch did not act on oath, & brought with them the Spirit of advocates
for their respective States rather than of impartial judges
between them. He moved that the clause with Mr. Wilson's
proposition be recommitted; which was agreed to without
opposition.

(11 & 12 Paraghs.) Mr. Bland opposed it: sd. that the value
of land was the best rule, and that at any rate no change sd be attempted
untill its practicability sd be tried.

Mr. Madison thought the value of land, could never be justly
or satisfactorily obtained; that it wd ever be a source of contentions
among the States, and that as a repetition of the valuation
would be within the course of the 25 years, it wd unless exchanged
for a more simple rule mar the whole plan.

Mr. Ghorham was in favr of the paraghs. He represented in
strong terms the inequality & clamors produced by valuations of
land in the State of Massts & the probability of the evils being increased
among the States themselves which were less tied together
& more likely to be jealous of each other.

Mr. Williamson was in favr of the paraghs.

Mr. Wilson was strenuous in favor of it, sd he was in Congs
when the Articles of Confederation directing a valuation of land
were agreed to, that it was the effect of the impossibility of compromising
the different ideas of the Eastern & Southern States as
to the value of Slaves compared with the Whites, the alternative
in question.

Mr. Clarke was in favor of them. He said that he was also in
Congs when this article was decided that the Southern States
wd have agreed to numbers, in preference to the value of land if
1/2 their Slaves only sd be included; but that the Eastern States
would not concur in that proposition.

It was agreed on all sides that, instead of fixing the proportion
by ages, as the report proposed it would be best to fix the proportion
in absolute numbers. With this view & that the blank might
be filled up, the clause was recommitted.

FRIDAY MARCH 28.

The Come. last mentd., reported that two blacks be rated as one
freeman.

Mr. Wolcott was for rating them as 4 to 3.

Mr. Carrol as 4 to 1.

Mr. Williamson sd he was principled agst slavery; & that he
thought slaves an incumbrance to Society instead of increasing
its ability to pay taxes.

Mr. Higginson as 4 to 3.

Mr. Rutledge sd, for the sake of the object he wd agree to rate
Slaves as 2 to 1, but he sincerely thought 3 to 1 would be a juster
proportion.

Mr. Holten as 4 to 3.

Mr. Osgood sd he cd. not go beyond 4 to 3.

On a question for rating them as 3 to 2 the votes were N. H.,
ay. Mas., no. R. I., divd. Cont, ay. N. J., ay. Pa., ay. Delr., ay.
Maryd, no. Virga., no. N. C., no. S. C., no.

The Paragraph was then postponed by general consent, some
wishing for further time to deliberate on it; but it appearing to
be the general opinion that no compromise wd be agreed to.

After some further discussions on the report in which the necessity
of some simple & practicable rule of apportionment came
fully into view, Mr. Madison said that in order to give a proof of
the sincerity of his professions of liberality, he wd propose that
Slaves should be rated as 5 to 3. Mr. Rutledge 2ded. the motion.
Mr. Wilson sd he would sacrifice his opinion on this compromise.

Mr. Lee was agst changing the rule, but gave it as his opinion
that 2 slaves were not equal to 1 freeman.

On the question for 5 to 3 it passed in the affirmative N. H.
ay. Mass. divd. R. I., no. Cont. no. N. J. ay. Pa., ay Maryd, ay Va.,
ay N. C. ay. S. C. ay.

A motion was then made by Mr. Bland, 2ded. by Mr. Lee to
strike out the clause so amended and on the question "shall it
stand" it passed in the negative; N. H. ay. Mas: no. R. I. no.
Conn. no. N. J., ay. Pa., ay. Del. no. Mar. ay. Virga, ay. N. C., ay.
S. C., no; so the clause was struck out.

The arguments used by those who were for rating slaves high
were, that the expence of feeding & clothing them was as far
below that incident to freemen as their industry & ingenuity
were below those of freemen; and that the warm climate within
wch. the States having slaves lay, compared wth. the rigorous climate
& inferior fertility of the others, ought to have great weight
in the case & that the exports of the former States were greater
than of the latter. On the other side it was said that Slaves were
not put to labor as young as the children of laboring families—
that, having no interest in their labor, they did as little as possible,
& omitted every exertion of thought requisite to facilitate &
expedite it; that if the exports of the States having slaves exceeded
those of the others, their imports were in proportion,
slaves being employed wholly in agriculture, not in manufactures;
& that in fact the balance of trade formerly was much more agst
the S°. States than the others.

On the main question see Journals.[83]

SATURDAY MARCH 29TH.

The objections urged agst the motion of Mr. Lee on the Journal
calling for a specific Report of the Supt. of Finance as to monies
passing thro' his hands were that the information demanded
from the Office of Finance had during a great part of the period,
been laid before Congress & was then actually on the Table—
that the term application of money was too indefinite no two
friends of the motion agreeing in the meaning of it and that if it
meant no more than immediate payments under the warrants of
the Superintendt. to those who were to expend the money, it was
unnecessary, the Superintendt. being already impressed with his
duty on that subject; that if it meant the ultimate payment for
articles or service for the public, it imposed a task that wd. be
impracticable to the Superint., and useless to Congress, who could
no otherwise examine them than through the department of Accounts
& the Committees appd half yearly for enquiring into the
whole proceedings; & that if the motion were free from those
objections, it ought to be so varied as to oblige the office of Finance
to report the information periodically; since it would
otherwise depend on the memory or vigilance of members, and wd.
moreover have the aspect of suspicion towards the Officer called
upon. N. B. As the motion was made at first, the word "immediately"
was used; which was changed for the words "as soon
as may be," at the instance of Mr. Holten.

The object of the motion of Mr. Madison was to define & comprehend
every information practicable & necessary for Congs. to
know, & to enable them to judge of the fidelity of their Minister,
and to make it a permanent part of his duty to afford it. The
clause respecting copies of receipts was found on discussion not
to accord with the mode of conducting business, & to be too
voluminous a task; but the question was taken without a convenient
opportunity of correcting it. The motion was negatived.
See the Journal.[84]

MONDAY MARCH 31.

A letter was recd from the Govr of R. Island with resolutions
of the Legislature of that State justifying the conduct of Mr.
Howell.

On the arrival of the French Cutter with the acct of the signing
of the general preliminaries, it was thought fit by Congress to
hasten the effect of them by calling in the American Cruisers. It
was also thought by all not amiss to notify simply the Intelligence
to the British Commanders at N. Y. In addition to this it was
proposed by the Secy of F. A. and urged by the Delegates of Pa,
by Mr. Lee, Mr. Rutledge & others, that Congress should signify
their desire & expectation that hostilities shd be suspended at sea
on the part of the Enemy. The arguments urged were that the
effusion of blood might be immediately stopped & the trade
of the Country rescued from depredation. It was observed on
the other side that such a proposition derogated from the dignity
of Congs; shewed an undue precipitancy; that the intelligence
was not authentic enough to justify the British com̃anders in
complying with such an overture, and therefore that Congs would
be exposed to the mortification of a refusal. The former consideration
prevailed & a verbal sanction was given to Mr. Livingston's
expressing to the sd com̃anders the expectation of Congs..
This day their answers were recd addressed to Robt R. Livingston,
Esqr. &c &c &c declining to accede to the stopping of hostilities
at sea & urging the necessity of authentic orders from G. B.
for that purpose. With their letters Mr. Livingston communicated
resolutions proposed from his office, "that in consequence
of these letters the orders to the American Cruisers sd be revoked:
and that the Executives sd be requested to embargo all
vessels. Congs. were generally sensible after the ret. of these
papers that they had committed themselves in proposing to the
British Commanders at N. Y., a stop to naval hostilities, & were
exceedingly at a loss to extricate themselves. On one side they
were unwilling to publish to the world the affront they had recd,
especially as no written order had been given for the correspondence
and on the other it was necessary yt. the continuance of hostilities
at sea should be made known to American Citizens. Some

were in favor of the revocation of hostilities, others proposed as
Col: Bland, & Genl Mifflin, that the Secy of F. A. should be directed
verbally to publish the letters from Carleton & Digby.
This was negatived. The superscription was animadverted upon,
particularly by Mr. Mercer, who said, that the letters ought to
have been sent back unopened. Finally it was agreed that any
member might take copies & send them to the press & that the
subject should lie over for further consideration.

TUESDAY APRIL 1.

Mr. Ghorham called for the order of the day to wit the Report
on Revenue &c and observed as a cogent reason for hastening
that business that the Eastern States at the invitation of the Legislature
of Mass.ts, were with N. Y. about to form a convention for
regulating matters of common concern, & that if any plan should
be sent out by Congs. during their session, they would probably
co-operate with Congs. in giving effect to it.

Mr. Mercer expressed great disquietude at this information,
considered it as a dangerous precedent, & that it behoved the
Gentleman to explain fully the objects of the Convention, as it
would be necessary for the S. States to be otherwise very circumspect
in agreeing to any plans on a supposition that the general
confederacy was to continue.

Mr. Osgood said that the sole object was to guard agst. an interference
of taxes among States, whose local situation required such
precautions; and that if nothing was definitively concluded without
the previous communication to & sanction of Congs., the Confederation
could not be said to be in any manner departed from;
but that in fact nothing was intended that could be drawn within
the purview of the federal articles.

Mr. Bland said he had always considered those Conventions as
improper & contravening the spirit of the federal Governmt. He
said they had the appearance of young Congresses.

Mr. Ghorham explains as Mr. Osgood.

Mr. Madison & Mr. Hamilton disapproved of these partial conventions,
not as absolute violations of the Confederacy, but as
ultimately leading to them & in the mean time exciting pernicious

jealousies; the latter observing that he wished instead of them
to see a General Convention take place & that he sd. soon in pursuance
of instructions from his Constituents propose to Congs. a
plan for that purpose, the object wd. be to strengthen the federal
Constitution.

Mr. White informed Congs. that N. Hampshire had declined to
accede to a plan of a Convention on foot.

Mr. Higginson said that no Gentleman need be alarmed at any
rate for it was pretty certain that the Convention would not take
place. He wished with Mr. Hamilton to see a General Convention
for the purpose of revising and amending the federal
Government.

These observations having put an end to the subject, Congs. resumed
the Report on Revenue &c. Mr. Hamilton who had been
absent when the last question was taken for substituting numbers
in place of the value of land, moved to reconsider that vote. He
was 2ded. by Mr. Osgood. (See the Journal.) Those who voted
differently from their former votes were influenced by the conviction
of the necessity of the change & despair on both sides of
a more favorable rate of the slaves. The rate of 3/5 was agreed to
without opposition. On a preliminary question, the apportionmt.
of the sum & revision of the same refd. to Grand Come.[85]

The Report as to the Resignation of Foreign Ministers was
taken up & in the case of Mr. Jefferson see Journal.[86] The Eastern
delegates were averse to doing anything as to Mr. Adams
until further advices sd be received. Mr. Laurens was indulged
not without some opposition. The acceptance of his resignation
was particularly enforced by Mr. Izard.

WEDNESDAY APL. 3.—THURSDAY APL. 4.—FRIDAY APL.
5.—SATURDAY APL. 6.[87] See Journals.

The Grand Come. appointed to consider the proportions for the
blanks in the Rept. on Revenue &c, reported the following,

grounded on the number of Inhabitants in each State; observing
that N. H., R. I., Cont., & Mard. had produced authentic documents
of their numbers; & that in fixing the numbers of other
States, they had been governed by such information as they
could obtain. They also reduced the interest of aggregate debt
to 2,500,000 Drs.

                             

	No. of Inhabts.	proportions of 1,000.	proportions of 1 1/2 Miln.
N. H.	82,200	35	52,500
Mas:	350,000	148	222,000
R. I.	50,400	21	31,500
Cont.	206,000	87	130,500
N. Y.	200,000	85	127,500
N. J.	130,000	55	82,500
Pena.	320,000	136	204,000
Del.	35,000	15	22,500
Mard.	220,700	94	141,000
Virga.	400,000	169	253,500
N. C.	170,000	72	108,000
S. C.	170,000	72	108,000
Georga.	25,000	11	16,500
	2,359,300	1,000	1,500,000

annual intst. of debt after deducting 1,000,000 Drs. expected from Impost on
Trade.

A Come., consisting of Mr. Hamilton, Mr. Madison &—
was appointed to report the proper arrangements to be taken in
consequence of peace. The object was to provide a system for
foreign affairs, for Indian affairs, for military & naval establishments;
and also to carry into execution the regulation of weights
& measures & other articles of the Confederation not attended to
during the war. To the same Come. was referred a resolution of
the Executive Council of Ps., requesting the delegates of that
State to urge Congs. to establish a general peace with the Indians.

MONDAY APRIL 7.

The sense of Congs. having been taken on the truth of the
numbers reported by the Grand Committee, the no. allotted to S.
C. was reduced to 150,000, on the representation of the Delegates

of that State. The Delegates of N. J. contended also for a
reduction, but were unsuccessful. Those of Virga. also, on the
principle that Congs. ought not to depart from the relative numbers
given in 1775, without being required by actual returns which
had not been obtained either from that State or others whose
relation wd. be varied. To this reasoning were opposed the verbal
& credible information recd. from different persons & particularly
Mr. Mercer, which made the no. of Inhabitants in Va., after deducting
2/5 of the Slaves, exceed the number allotted to that State.
Congs. were almost unanimous agst. the reduction. A motion was
made by Mr. Gervais, 2d. by Mr. Madison to reduce the no. of
Georgia to 15,000., on the probability that their real no. did not
exceed it, & the cruelty of overloading a State which had been so
much torn & exhausted by the war. The motion met with little
support & was almost unanimously negatived.

A letter was recd. from Genl. Washington expressing the joy of
the army at the signing of the general preliminaries notified to
him & their satisfaction at the commutation of half pay agreed to
by Congs.[88]

TUESDAY APRIL 8TH.

Estimate of the debt of the U. S., reported by the Grand
Committee.

Foreign Debt.

                 

To the Farmers General of France Livrs.	1,000,000
To Beaumarchais	3,000,000
To the King of France, to the end of 1782	28,000,000
To do. for 1783	6,000,000
Livrs.	38,000,000	= $7,037,037
Recd. on loan in Holland, 1,678,000 florins		671,200
Borrowed in Spain by Mr. Jay		150,000
Int. on Dutch one year, at 4 Pr. Ct.		26,848
Total for. debt		$7,885,085

Domestic Debt.

                 

Loan Office	$11,463,802
Interest unpaid for 1781	190,000
Do 1782	687,828
Credit to sundry persons on Treasury books	638,042
Army debt to 31 Dr. 1782	5,635,618
Unliquidated do.	8,000,000
Deficiencies in 1783	2,000,000
Total dom. debt	$28,615,290
Aggregate debt	$36,500,375

Interest.

         

On for debt, 7,885,085, at 4 Per Ct.	$315,403
On domestic debt, 28,615,290, at 6 do	1,716,917
On commutation of half-pay, estimated at 5,000,000 at 6 do	300,000
Bounty to be pd, estimd. at 500,000, at 6 do	30,000
Aggreg of Int.	$2,362,320

A motion was made by Mr. Hamilton who had been absent on
the question on the 9th. paragraph of the Report on Revenue
assessing quotas, to reconsider the same. Mr. Floyd who, being
the only delegate from N. Y. then present on that question cd. not
vote, 2ded. the motion. For the argts. repeated see the former
remarks on the 7th. of Apl.

On the question the votes were Mas: no. R. I. no. Cont. no.
N. Y. ay. N. J. no. Pa. ay. Maryd., no. Virga. ay. S. C. no.

WEDNESDAY APRIL 9.

A memorial was recd. from Gen1. Hazen in behalf of the
Canadians who had engaged in the cause of the U. S., praying
that a tract of vacant land on L. Erie might be allotted to them.

Mr. Wilson thereupon moved that a Come. be appointed to consider
and report to Congress the measures proper to be taken with
respect to the Western Country. In support of his motion he
observed on the importance of that Country, the danger from
immediate emigrations of its being lost to the public; & the
necessity on the part of Congress of taking care of the federal
interests in the formation of new States which could not take
place by the authority of any particular States.

Mr. Madison observed that the appointment of such a Come.
could not be necessary at this juncture & might be injurious that
Congs. were about to take in the report on Revenue &c the only
step that could now be properly taken viz to call again on the
States claiming the W. Territory to cede the same; that until the
result Sd. be known every thing wd. be premature & wd. excite in
the States irritations & jealousies that might frustate the Cessions;
that it was indispensable to obtain these Cessions, in order to
compromise the disputes, & to derive advantage from the territory
to the U. S.; that if the motion meant merely to prevent irregular
settlements, the recommendation to that effect ought to be made
to the States—that if ascertaining & disposing of garrisons proper
to be kept up in that Country was the object it was already in the
hands of the Come. on peace arrangments, but might be expressly
referred to them.

Mr. Mercer supported the same ideas.

Mr. Clarke considered the motion as nowise connected with
the peace arrangements; his object was to define the western
limits of the States which Congs. alone cd. do, and which it was
necessary they Sd. do in order to know what territory properly belonged
to the U. S., and what steps ought to be taken relative to
it. He disapproved of repeatedly courting the States to make
Cessions Wch. Congs. stood in no need of.

Mr. Wilson seemed to consider as the property of the U. S. all
territory over which particular States had not exercised jurisdiction
particularly N. W. of Ohio, & said that within the Country confirmed
to the U. S. by the Provisional articles, there must be a
large Country over which no particular claims extended.

He was answered that the exercise of jurisdiction was not the
criterion of territorial rights of the States; that Pena. had maintained
always a Contrary Doctrine; that if it were a criterion
Va. had exercised jurisdiction over the Illinois & other places conquered
N. W. of the Ohio; that it was uncertain whether the
limits of the U. S., as fixed by the Provl. Arts., did comprehend
any territory out of the claims of the individual States; that
Sd. it be the case a decision or examination of the point had best
be put off till it Sd. be seen whether Cessions of the States wd. not
render it unnecessary; that it Cd. not be immediately necessary for
the purpose of preventing settlemts. on such extra lands, since
they must lie too remote to be in danger of it. Congress refused
to refer the motion to the Come. on peace arrang̃ents, and by a
large majority referred it to a Special Come., viz Mrs Osgood,
Wilson Madison, Carrol & Williamson; to whom was also
referred the Meml. of Genl. Hazen.

On the preceding question, Cont. was strenuous in favr. of Mr.
Wilson's motion.

A motion was made by Mr. Dyer to strike out the drawback on
salt fish &c. Mr. Ghorham protested in the most solemn manner
that Massts. wd. never accede to the plan without the drawback.
The motion was very little supported.

THURSDAY APL. 10.

Letters recd from Genl Carleton & Admiral Digby inclosing
British proclamation[89] of cessation of arms & also letters from
Docr. Franklin & Mr. Adams notifying the conclusion of Preliminaries
between G. B. & F. & Spain, with a declaration
entered into with Mr. Fitzherbert applying the epochs of cessation
to the case of G. B. & the U. S. These papers were referred
to the Secy of F. A. to report a proclamation for Congs at 6
O'Clock, at which time Congs met & recd report nearly as it
stands on the Journal of Friday Apl 11[90] . After some consideration
of the Report as to the accuracy & propriety of which a
diversity of sentiments prevailed, they postponed it till next day.
The Secy also reported a Resolution directing the Secy at War
and Agent of Marine to discharge all prisoners of war.

FRIDAY APL 11.

This day was spent in discussing the Proclamation which
passed. Mr. Wilson proposed an abbreviation of it which was
disagreed to. The difficultys attending it were that 1st. the Agreement
of our Ministers with Fitzherbert that the Epochs with
Spain as well as France Sd be applied to the U. S. to be computed
from the ratifications which happened at different times,
the former on the 3d., the latter on the 9th., of Feby.; 2d. the circumstances
of the Epochs having passed at wch. the Cessation of
hostilities was to be enjoined. The impatience of Congs did not

admit of proper attention to these & some other points of the
Proclamation; particularly the authoritative style of enjoining an
observance on the U. S., the Govrs &c. It was agst these absurdities
& improprieties that the solitary no of Mr. Mercer was
pointed. See the Journal.

SATURDAY APL 12.

A letter of the 16th. of Dec O. S. was recd. from Mr. Dana, in
which he intimates that in consequence of the news of peace
taking place & independence being acknowledged by G. B. he
expected soon to take his proper station at the Ct of St. Petersburg
& to be engaged in forming a Commercial Treaty with her
Imperial Majesty.

Mr. Madison observed that as no powers or instructions had
been given to Mr. Dana relative to a Treaty of Com̃erce, he apprehended
there must be some mistake on the part of Mr. Dana;
that it wd be proper to inquire into the matter & let him know the
intentions of Congs on this subject. The letter was committed
to Mr. Madison Mr. Ghorham & Mr. Fitzsimmons.

Mr. Rutledge observed that as Ye. instructions to Foreign Ministers
now stood it was conceived they had no powers for commercial
stipulations other than such as might be comprehended in
a definitive Treaty of Peace with G. B. He said he did not pretend
to commercial knowledge but thought it wd be well for the
U. S. to enter into commercial Treaties with all nations & particularly
with G. B. He moved therefore that the Come sd be
instructed to prepare a General Report for that purpose.

Mr. Madison & Mr. Fitzsimmons thought it wd be proper to be
very circumspect in fettering our trade with stipulations to foreigners,
that as our stipulations wd extend to all the possessions
of the U. S. necessarily—& those of foreign Nations havg colonies
to part of their possessions only; and as the most favd nations enjoyed
greater privileges in the U. S. than elsewhere. The U. S.
gave an advantage in Treaties on this subject, & finally that negotiations
ought to be carried on here, or our Ministers directed to
conclude nothing without previously reporting every thing for the

sanction of Congs. It was at length agreed that the Come sd report
the general state of instructions existing on the subject of
Commercial Treaties.

Congress took into consideration the report of the Secy for
F. A. for immediately setting at liberty all the Prisoners of war &
ratifying the provisional articles. Several members were extremely
urgent on this point from motives of Oeconomy. Others
doubted whether Congs were bound thereto, & if not bound
whether it would be proper. The first question depended on the
import of the provisional articles, which were very differently interpreted
by different members. After much discussion from
which a general opinion arose of extreme inaccuracy & ambiguity
as to the force of these articles, the business was committed to
Mr. Madison, Mr. Peters, & Mr. Hamilton who were also to report
on the expediency of ratifying the said articles immediately.

MONDAY APRIL 14.

The Committee on the report of the Secretary of foreign
Affrs. reported as follows. Mr. Hamilton dissenting.

1.

• That it does not appear that Congress are any wise bound
  to go into the ratification proposed. “The Treaty” of which a ratification
  is to take place, as mentioned in the 6th. of the Provisional
  articles, is described in the title of those articles to be “a Treaty of
  Peace proposed to be concluded between the Crown of G. B. and
  the said U. S., but which is not to be concluded until terms of
  Peace shall be agreed upon between G. B. & France.” The Act
  to be ratified therefore is not the Provl. articles themselves, but
  an Act distinct,—future,—and even contingent. Again altho' the
  Declaratory Act entered into on the 20th. of Jan.y last, between the
  American & British Plenipotentiaries relative to a cessation of
  hostilities, seems to consider the contingency on which the
  Provl. articles were suspended as having taken place, yet that act
  cannot itself be considered as the Treaty of Peace meant to be
  concluded; nor does it stipulate that either the Provl. articles, or
  the act itself should be ratified in America; it only engages that
  the U. S. shall cause hostilities to cease on their part, an
  

  ---

  449

  
  
  
  engagement which was duly fulfilled by the Proclamation issued on
  the 11th. instant; lastly it does not appear from the correspondence
  of the American Ministers, or from any other information, either
  that such ratification was expected from the U. S. or intended on
  the part of G. B.; still less that any exchange of mutual
  ratifications has been in contemplation.

2.

• If Congress are not bound to ratify the articles in question,
  the Come are of opinion that it is inexpedient for them to go immediately
  into such an Act; inasmuch as it might be thought to
  argue that Congress meant to give to those articles the quality
  & effect of a definitive Treaty of Peace with G. B., tho' neither
  their allies nor friends have as yet proceeded farther than to sign
  preliminary articles; and inasmuch as it may oblige Congs to fulfil
  immediately all the stipulations contained in the provl articles,
  tho' they have no evidence that a correspondent obligation will
  be assumed by the other party.

3.

• If the ratification in question be neither obligatory nor expedient,
  
  the Come are of opinion, that an immediate discharge of
  all prisoners of war,[91] on the part of the U. S., is premature and
  unadvisable; especially as such a step may possibly lessen the
  

  ---

  450

  
  
  
  force of demands for a reimbursement of the sums expended in
  the subsistence of the prisoners.

Upon these considerations the Come recommend that a
decision of Congs on the papers referred to them be postponed.

On this subject a variety of sentiments prevailed.

Mr. Dyer, on a principle of frugality was strenuous for a
liberation of the prisoners.

Mr. Williamson thought Congs not obliged to discharge the
Prisoners previous to a definitive treaty, but was willing to go into
the measure as soon as that public honor would permit. He
wished us to move pari passu, with the British Com̃ander at New
York. He suspected that the place would be held till the
interests of the Tories should be provided for.

Mr. Hamilton contended that Congress were bound, by the
tenor of the Provl. Treaty immediately to Ratify it, and to
execute the several stipulations inserted in it; particularly that
relating to a discharge of Prisoners.

Mr. Bland thought Congs. not bound.

Mr. Elseworth was strenuous for the obligation and policy of
going into an immediate execution of the treaty. He supposed
that a ready & generous execution on our part wd. accelerate the
like on the other part.

Mr. Wilson was not surprised that the obscurity of the Treaty
sd. produce a variety of ideas. He thought upon the whole that
the Treaty was to be regarded as “contingently definitive.”

The Report of the Come. being not consonant to the prevailing
sense of Congs., it was laid aside.

TUESDAY APRIL 15.

The ratification of the Treaty & discharge of prisoners were
again agitated. For the result in a unanimous ratification see the
secret Journal of this day; the urgency of the majority producing
an acquiescence of most of the opponents to the measure.

WEDNESDAY APRIL 16.

Mr. Hamilton acknowledged that he began to view the obligation
of the prol. Treaty in a different light and in consequence

wished to vary the direction of the Com̃ander in chief from a
positive to a preparatory one as his motion of the Journal states.[92]

THURSDAY APRIL 17.

Mr. Madison with the permission of the Come. on Revenue reported
the following clause to be added to the 10th. paragraph in
the first report viz

“And to the end that convenient provision may be made for
determining in all such cases how far the expences may have been
reasonable as well with respect to the object thereof as the means
for accomplishing it, thirteen com̃isrs. namely one out of each State
shall be appointed by Congress, any seven of whom (having first
taken an oath for the faithful & impartial execution of their trust)
who shall concur in the same opinion, shall be empowered to determine
finally on the reasonableness of the claims for expences
incurred by particular States as aforesaid; And in order that
such determinations may be expedited as much as possible, the
Com̃isrs. now in appointment for adjusting accts. between the U.
S. and individual States, shall be instructed to examine all such
claims & report to Congs. such of them as shall be supported by
satisfactory proofs, distinguishing in their reports the objects and
measures in which the expences shall have been incurred; provided

that no balances which may be found due under this regulation,
or the Resolutions of the—day of—, shall be
deducted out of the preceding Revenues; but shall be discharged
by separate requisitions to be made on the States for that purpose.”

In support of this proposition it was argued that in a general
provision for public debts and public tranquillity satisfactory
measures ought to be taken on a point Wch. many of the States
had so much at heart, & which they wd. not separate from ye.
other matters proposed by Congress; that the nature of the business
was unfit for the decision of Congs., who brought with them

ye. spirit of advocates rather than of Judges, and besides required
more time than could be spared for it.

On the opposite side some contended that the Accts. between
the U. S. & particular States Sd. not be made in any manner to
encumber those between the former and private persons. Others
thought that Congs. could not delegate to Comrs. a power of allowing
claims for which the Confedon. reqd. nine States. Others were
unwilling to open so wide a door for claims on the Common
Treasury.

On the question, Masts. divided. Cont.ay. R. Id. no. N. Y.
no. N. J. no. Pa. no. Maryd. no. Va. ay. N. C. no. S. C. no.

FRIDAY APRIL 18.

Application was made from the Council of Pa. for the determination
of Congs. as to the effect of ye. acts terminating hostilities,
on Acts to be inforced during the war. Congs. declined giving
any opinion.

The motion of Mr. Bland for striking out the recommendation
to the States which had agreed to cede territory, to revise & compleat
their Cessions, raised a long debate. In favor of the motion
it was urged by Mr. Rutledge that the proposed Cession of Va
ought to be previously considered & disallowed; that otherwise
a renewal of the recommendation wd. be offensive; that it was
possible the Cession might be accepted in which case the renewal
wd. be improper. Virga., he observed alone could be alluded to as
having complied in part only.

Mr. Wilson went largely into the subject. He said, If the investigation
of right was to be considered, the U. S. ought rather
to make cessions to individual States than receive Cessions from
them, the extent of ye. Territory ceded by the Treaty being larger
than all the States put together; that when the claims of the
States came to be limited on principles of right, the Alleghany
Mountains would appear to be the true boundary; this could be
established without difficulty before any Court, or the Tribunal
of the World. He thought however policy reqd. that such a
boundary Sd. established as wd. give to the Atlantic States access
to the Western Waters. If accommodation was the object, the

clause ought by no means to be struck out. The Cession of
Virga. would never be accepted because it guarantied to her the
Country as far as the Ohio, which never belonged to Virga. (Here
he was called to order by Mr. Jones.) The question he Sd. must
be decided. The indecision of Congs. had been hurtful to the
interests of the U. S. If the compliance of Va. was to be sought
she ought to be urged to comply fully.

For the vote in the affirmative, with the exception of Virga. &
S. Carol. See Journal.

The plan of Revenue was then passed as it had been amended,
all the States present concurring except R. I., wch. was in the negative
& N. Y., Wch. was divided Mr. Floyd ay & Mr. Hamilton no.[93]

MONDAY APRIL 21.

A motion was made by Mr. Hamilton, 2ded. by Mr. Madison, to
annex, to the plan of the 18th. instant, the part omitted relating to

expences incurred by individual States. On the question, N.
York, Pena. & Virga. alone were in the affirmative, Cont. & Georgia
not present.

Tuesday Apl 22. See Journal.[94]

WEDNESDAY APRIL 23.

The resolution permitting the soldiers to retain their arms was
passed at the recommendation of Genl Washington. See his letter
on the files.

The resolution for granting furloughs or discharges was a compromise
between those who wished to get rid of the expence of
keeping the men in the field, and those who thought it impolitic
to disband the army whilst the British remained in the United
States.

Apl 24, Friday, 25 All. See Journal.[95]

SATURDAY APRIL 26.

Address to the States passed nem. con. It was drawn up by
Mr. Madison.[96] The address to Rh. Id. referred to as No. 2, had
been drawn up by Mr. Hamilton.

The writer of these notes absent till Monday May 5th.[97]

MONDAY, MAY 5TH.

Mr. Bland & Mr. Mercer moved to erase from the Journal the
resolution of Friday, the 2d. inst. applying for an addition of three

Millions to the grant of six millions, by H. M. Xn. Majesty, as in
part of the loan of four Millions requested by the Resolution of
September the 14, 1782. As the resolution of the 2d. had been
passed by fewer than nine States, they contended that it was
unconstitutional. The reply was that as the three Millions were to
be part of a loan heretofore authorized, the sanction of nine States
was not necessary. The motion was negatived The two movers
alone voting in the Affirmative.

TUESDAY MAY 6.[98]

A motion was made by Mr. Lee to recommend to the several
States to pass laws indemnifying Officers of the Army for damages

sustained by individuals from Acts of such officers rendered
necessary in the execution of their military functions. It was
referred to Mr. Lee, Mr. Williamson & Mr. Clarke.

He proposed also that an Equestrian statue shoudld be erected
to General Washington.

A report from the Secy of For: Affairs of a Treaty of Commerce
to be entered into with G. Britain, was referred to Mr. Fitzsimmons,
Mr. Higginson, Mr. Rutledge, Mr. Helmsley & Mr.
Madison.

WEDNESDAY MAY 7.

The Resolution moved yesterday by Mr. Lee for indemnifying
military Officers, being reported by the Committee was agreed to.

The Committee on a motion of Mr. Dyer, reported “that the
States which had settled with their respective lines of the Army
for their pay since Aug 1. 1780, should receive the securities
which would otherwise be due to such lines.”

The Report was opposed on the ground that the settlements
had not been discharged in the value due. The Notes issued in
payment by Connecticut were complained of, as being of little
value.

The Report was disagreed to. See Journal.

THURSDAY MAY 8.

Mr. Bland suggested that the Prisoners of War should be detained,
until an answer be given as to the delivery of slaves,
represented in a letter to Mr. Thomas Walke to be refused on the
part of Sr. Guy Carleton.

On his motion seconded by Mr. Williamson it was ordered that
the letter be sent to Gen Washington for his information, in
carrying into effect the Resolution of Apl 15. touching arrangements
with the British Commander for delivery of the Posts,
Negroes &c.

A Portrait of Don Galvez was presented to Congress by Oliver
Pollock.

FRIDAY MAY 9.

A question on a Report relating to the occupying the Posts
when evacuated by the British was postponed by Virginia in right
of a State.

Mr. Dyer moved a recommendation to the States to restore
confiscated property conformably to the Provisional Articles.
The motion produced a debate which went off without any positive
result.

Adjourned to Monday.

MONDAY MAY 12.

See Journal.[99]

TUESDAY MAY 13.

No Congress.[100]

WEDNESDAY MAY 14.

Mr. Hamilton & Mr. Elseworth moved a call on the States, to
fulfil the recommendation relative to the Tories. After some
remarks on the subject, the House adjourned.

Thursday, May 15. See Journal.[101] The Report relating to the
Dep.t of For. Affairs taken up, and, after some discussion of the
expediency of raising the salary of the Sec.y Congress adjourned.

FRIDAY MAY 16.

See Journal.[102]

SATURDAY MAY 17.

No Congress.

MONDAY MAY 19.

Spent in debating the Report recommending provision for
the Tories according to the Provisional Artic. of peace.

TUESDAY MAY 20.

On the proposal to discharge the troops who had been enlisted
for the war (amounting to ten thousand men,) from the want of
means to support them.

Mr. Carroll urged the expediency of caution, the possibility that
advantage might be taken by G. B. of a discharge both of prisoners

and of the army, and suggested the middle course, of furloughing
the troops.

Mr. Dyer was strenous for getting rid of expence; considered
the war at an end; that G. B. might as well renew the war after
the definitive Treaty as now; that not a moment ought to be lost
in disburdening the public of needless expence.

Mr. Rutledge viewed the conduct of G. B. in so serious a light
that he almost regretted having voted for a discharge of Prisoners.
He urged the expediency of caution, and of consulting the Commander
chief. He accordingly moved that the Report be referred
to him for his opinion & advice. The motion was seconded by
Mr. Izard.

Mr. Clarke asked whether any military Operation was on foot
that the Commander in Chief was to be consulted. This was a

national question, which the National Council ought to decide.
He was agst. furloughing the men because they would carry their
arms with them. He said we were at peace, & complained that
some could not separate the idea of a Briton from that of cutting
throats.

Mr. Ellsworth enlarged on the impropriety of submitting to the
Commander in Chief a point on which he could not possess competent
materials for deciding. We ought either to discharge the
men engaged for the war or to furlough them. He preferred the
former.

Mr. Mercer descanted on the insidiousness of G. B., and warmly
opposed the idea of laying ourselves at her mercy that we might
save fifty thousand dollars; altho' Congress knew they were
violating the Treaty as to Negroes.

Mr. Williamson proposed that the Soldiers be furloughed. Mr.
Carroll seconded him, that the two modes of furlough & discharge
might both lye on the table.

By general consent this took place.

The Report as to confiscated property, on the Instructions from
Virg.a and Penn.a, was taken up, & agreed to be recommitted, together
with a motion of Mr. Madison to provide for the case of
Canadian Refugees & for settlement of accts with the British, and
a motion of Mr. Hamilton to insert, in a definitive Treaty, a
mutual stipulation not to keep a naval force on the Lakes.

WEDNESDAY MAY 21. THURSDAY MAY 22.

See the Secret Journal for these two days.

The passage relating to the armed neutrality was generally concurred
in for the reasons which it expresses.[103]

The disagreements on the questions relating to a Treaty of
Commerce with Russia were occasioned chiefly by sympathies,
particularly in the Massachusetts Delegation with Mr. Dana; and
by an eye in the navigating & Ship building States to the Russian
Articles of Iron & Hemp. They were supported by S. Carolina,
who calculated on a Russian market for her Rice.

FRIDAY MAY 23.

The Report from Mr. Hamilton, Ghorham and Peters, in favor of
discharging the soldiers enlisted for the war, was supported on
the ground that it was called for by Economy and justified by the
degree of certainty that the war would not be renewed. Those
who voted for furloughing the soldiers wished to avoid expence,
and at the same time to be not wholly unprepared for the contingent
failure of a definitive treaty of peace. The view of the subject
taken by those who were opposed both to discharging and
furloughing, were explained in a motion by Mr. Mercer seconded
by Mr. Izard to assign as reasons, first that Sr. Guy Carleton had
not given satisfactory reasons for continuing at N. York, second,
that he had broken the Articles of the provisional Treaty relative
to the negroes, by sending them off.

This motion appeared exceptionable to several, particularly to
Mr. Hamilton & rather than it should be entered on the Journal
by years and nays, it was agreed that the whole subject should lye
over.

The Report relative to the Department of For. Affairs being
taken up; Mr. Carroll seconded by Mr. Williamson moved that
no public Minister should be employed by the U. S. except on extraordinary
occasions.

In support of the proposition it was observed that it would not
only be economical, but would withhold our distinguished Citizens
from the corrupting scenes at foreign Courts, and what was of
more consequence would prevent the residence of foreign Ministers
in the U. S., whose intrigues & examples might be injurious
both to the Govt. & the people.

The considerations suggested on the other side were that Diplomatic
relations made part of the established policy of Modern
Civilized nations, that they tended to prevent hostile collisions by
mutual & friendly explanations & that a young Republic ought
not to incur the odium of so singular & as it might be thought
disrespectful an innovation. The discussion was closed by an
Adjournment till Monday.

MONDAY MAY 26.

The Resolutions on the Journal instructing the Ministers in
Europe to remonstrate agst. the carrying off the Negroes; also
those for furloughing the troops passed unanimously.

TUESDAY 27 MAY
WEDNESDAY 28 MAY

No Congress.

THURSDAY MAY 29.

The report of the Committee concerning Interest on British
debts was committed, after some discussion.

FRIDAY MAY 30.

The debates on the Report recommending to the States a compliance
with the 4th 5 & 6th of the provisional Articles were renewed;
the Report being finally committed nem. con. See
Secret Journal.

The Report, including the objections to interest on British
debts; was also agreed to nem. con.; not very cordially by some
who were indifferent to the objects; and by others who doubted
the mode of seeking it by a new stipulation.

MONDAY & TUESDAY JUNE 2 & 3.

See Journal.[104]

WEDNESDAY JUNE 4.

The Report of the Committee for giving to the Army certificates
for land was taken up. After some discussion of the subject,
some members being for some agst. making the certificates transferable
it was agreed that the Report should lie on the table.

For what passed in relation to the Cession of vacant territory
by Virga. see the Journal.[105]

Whilst Mr. Hamilton's motion relating to Mr. Livingston, Secretary
of For. affrs was before the House, Mr. Peters moved, in
order to detain Mr. Livingston in office, that it be declared, by
the seven States present that the Salary ought to be augmented.
To this it was objected 1. that it would be an assumption of
power in 7 States to say, what 9 States ought to do. 2. that it
might ensnare Mr. Livingston. 3. that it would commit the present,
who ought to be open to discussion when 9 States should be
on the floor. The motion of Mr. Peters being withdrawn, that of
Mr. Hamilton was agreed to.

THURSDAY JUNE 5.

See Journal.[106]

FRIDAY JUNE 6.

The Report as to the territorial Cession of Virga after some
uninteresting debate was adjourned.[107]

MONDAY JUNE 9TH.

Not States enough assembled to form a Congress. Mr. Clarke
signified to those present, that the Delegates of N. Jersey being
instructed on the subject of the Back lands he should communicate
the Report thereon to his Constituents.

TUESDAY JUNE 10.

The Report on the Cession of Virga was taken up. Mr. Elseworth
urged the expediency of deciding immediately on the Cession.
Mr. Hamilton joined him, asserting at the same time the right of
the U. States. He moved an amendment in favor of private
claims. Mr. Clarke was strenuous for the Right of the U. S., and
agst. waiting longer, (this had reference to the absence of Maryland
which had always taken a deep interest in the question.) Mr.
Ghorham supported the policy of acceding to the Report. Mr.
Fitzsimmons recommended a postponement of the question, observing
that he had sent a copy of the Report to the Maryland
Delegates. The President was for a postponement till the sense
of N. Jersey be known. The Delaware Delegates expecting instructions
were for postponing till Monday next. It was agreed
at length that a final vote should not be taken till that day. Mr.

M. yielding to the sense of the House, but warning that the
opportunity might be lost by the rising of the Legislature of
Virga.

Mr. Hamilton & Mr. Peters with permission, moved for a recommitment
of the Report, in order to provide for Crown titles
within the territory reserved to the State. Mr. Madison objected
to the motion, since an amendment might be prepared during the
week & proposed on monday next. This was acquiesced in. It
was agreed that the President might informally notify private
companies & others as well as the Maryland Delegates of the
time at which the Report would be taken into consideration.

The order of the day for appointing a Secretary of Foreign
Affairs was called for, & none having been put in nomination, the
order was postponed. Mr. Bland then nominated Mr. Arthur
Lee. Mr. Ghorham nominated Mr. Jefferson, but being told he
would not accept, then named Mr. Tilghman. Mr. Higginson
then nominated Mr. Jonathan Trumbull. Mr. Montgomery
nominated Mr. George Clymer. It was understood that Genl
Schuyler remained in nomination.[108]

WEDNESDAY JUNE 11.[109]

See Journals, secret and public.

THURSDAY JUNE 12.

The Instruction in the Secret Journal touching the principles
&c of the Neutral Confederacy, passed unanimously.

The Resolution as reported by the Committee, being in a positive
style, and eight States only being present, the question occurred
whether nine States were not necessary. To avoid the
difficulty a negative form was given to the Resolution, by which
the preamble became somewhat unsuitable. It was suffered to
pass however rather than risk the experiment of further alteration.

FRIDAY JUNE 13.

The mutinous memorial from the Sergeants was recd & read.
It excited much indignation & was sent to the Secretary at War.

MONDAY JUNE 16.

No Congress.

TUESDAY JUNE 17.

The day was employed chiefly in considering the Report on the
Journal relative to the Department of Finance[110] . Some thought
it ought to lie on the files; some that it ought to receive a vote of
approbation, and that the Superintendent, should, for the period
examined, be acquitted of further responsibility. Mr. Gorham
particularly was of that opinion. Finally the Report was entered
on the Journal without any Act of Congress thereon, by a unanimous
concurrence.

WEDNESDAY JUNE 18.

Nothing done.[111]

THURSDAY JUNE 19.

A motion[112] was made by Mr. Williamson seconded by Mr.
Bland, to recommend to the States to make it a part of the Confederation,
that whenever a fourteenth State should be added to
the Union, ten votes be required in cases now requiring nine. It
was committed to Mr. Williamson, Mr. Hamilton & Mr. Madison.
The motion had reference to the foreseen creation of the western
part of N. Carolina into a separate State.

Information was recd. by Congress, from the Executive Council
of Pennsylvania, that 80 Soldiers, who would probably be followed
by the discharged soldiers of Armand's Legion were on
the way from Lancaster to Philadelpha. in spite of the expostulations
of their officers, declaring that they would proceed to the
seat of Congress and demand justice, and intimating designs
agst the Bank. This information was committed to Mr. Hamilton,
Mr. Peters, and Mr. Ellsworth, for the purpose of conferring
with the Executive of Pennsylvania and taking such measures as
they should find necessary. The Committee after so conferring
informed Congress, that it was the opinion of the Executive that
the Militia of Philadelpa. would probably not be willing to take
arms before their resentments should be provoked by some actual
outrage; that it would hazard the authority of Govt. to make the
attempt, & that it would be necessary to let the soldiers come
into the city, if the officers who had gone out to meet them could
not stop them.

At this information Mr. Izard Mr. Mercer & others being
much displeased, signified that if the City would not support
Congress, it was high time to remove to some other place. Mr.
Wilson remarked that no part of the U. States was better disposed
towards Congrs than Pennsylvania, where the prevailing
sentiment was, that Congress had done every thing that depended
on them. After some conversation, and directing Genl St. Clair,
who had gone out of town, to be sent for, and it appearing that
nothing further could be done at present, Congress adjourned. The
Secy at War had set out for Virginia yesterday. It was proposed
to send for him, but declined as he had probably gone too great a
distance, and Genl St. Clair, it was supposed, would answer.

FRIDAY JUNE 20.

The Soldiers from Lancaster came into the City under the
guidance of sergeants. They professed to have no other object
than to obtain a settlement of Accounts, which they supposed
they had a better chance for at Philadelphia than at Lancaster.
(See the Report of the Committee on this subject.)

The Report of the Committee (see the Journal) on the territorial
Cession of Virga. being taken up, & the amendment on the
Journal proposed by Mr. McHenry & Mr. Clarke, being lost,[113] Mr.
Bedford proposed that the second condition of the Cession be so
altered as to read, “that in order to comply with the said Condition,
so far as the same is comprised within the Resolution of
Oct. the 10, 1780, on that subject, Commissioners as proposed by
the Committee, be appointed &c and that instead of “for the
purposes mentioned in the said Condition,” be substituted “agreeably
to that Resolution.” In support of this alteration, it was
urged by Mr. McHenry, Mr. Bedford, & Mr. Clarke that the
terms used by Virginia were too comprehensive & indefinite. In
favor of the Report of the Committee, it was contended by Mr.
Ellsworth that the alteration was unreasonable inasmuch as Civil
expenses were on the same footing of Equity as Military and
that a compromise was the object of the Committee. Sundry
members were of opinion that Civil expences were comprised in
the Resolution of October the 10. 1780. Mr. Bland & Mr. Mercer
acceded to the alteration proposed. Mr. Madison alone dissented,
and therefore did not insist on a call for the votes of the States.
Mr. McHenry moved but without being seconded “that the Commissioners
instead of deciding finally should be authorized to
report to Congress only.”

In the course of the debate Mr. Clarke laid before Congress
the Remonstrance of New Jersey as entered on the Journal.[114]

As the Report had been postponed at the instance of the President
& other Delegates of N. Jersey, in order to obtain this
answer from their Constituents, and as the Remonstrance was
dated on the 14th. of June, and was confessed privately by Mr.
—, to have been in possession of the Delegates on Monday
last, an unfairness was complained of. They supposed that
if it had been laid before Congress sooner the copy which would
have been sent by the Virga. Delegates might hasten the opening
of the Land Office of that State. Mr. Clarke said there were still
good prospects, and he did not doubt that the time would yet
come when Congress would draw a line limiting the States to the
westward & say thus far shall ye go & no further.

Mr. Bedford moved that with respect to the 4th. & 5th. Conditions
of the Cessions, “it be declared, that Clark & his men, & the
Virginia Line, be allowed the same bounty beyond the Ohio as
was allowed by the U. S. to the same Ranks.” This motion was
seconded by—; Congress adjourned without debating
it; there being seven States only present and the spirit of
compromise decreasing.

From several circumstances there was reason to believe that R.
Island, N. Jersey, Pennsylvania & Delaware, if not Maryland also
retained latent views of confining Virginia to the Alleghany
Mountains.

Notice was taken by Mr. Madison of the error in the Remonstrance,
which recites “that Congress had declared the Cession
of Virginia to be a partial one.”

SATURDAY JUNE 21 1783.

The mutinous soldiers presented themselves, drawn up in the
street before the State House, where Congress had assembled.

The executive Council of the State sitting under the same roof,
was called on for the proper interposition. President Dickinson
came in, and explained the difficulty under actual circumstances,
of bringing out the militia of the place for the suppression of the
mutiny. He thought that without some outrages on persons or
property, the militia could not be relied on. Genl St. Clair then
in Philada. was sent for, and desired to use his interposition, in
order to prevail on the troops to return to the Barracks. His
report gave no encouragement.

In this posture of things, it was proposed by Mr. Izard that
Congs shd. adjourn. It was proposed by Mr. Hamilton, that Genl
St. Clair in concert with the Executive Council of the State
should take order for terminating the mutiny. Mr. Reed moved
that the Genl shd endeavour to withdraw the troops by assuring
them of the disposition of Congs. to do them justice. It was
finally agreed that Congs. shd. remain till the usual hour of adjournment,
but without taking any step in relation to the alledged
grievances of the Soldiers, or any other business whatever. In
the meantime the Soldiers remained in their position, without
offering any violence, individuals only occasionally uttering
offensive words and wantonly pointed their Muskets to the
Widows of the Hall of Congress. No danger from premeditated
violence was apprehended, But it was observed that spirituous
drink from the tippling houses adjoining began to be
liberally served out to the Soldiers, and might lead to hasty
excesses. None were committed however, and about 3 O'C., the
usual hour Cong. adjourned; the Soldiers, tho in some instances
offering a mock obstruction, permitting the members to pass
thro their ranks. They soon afterwards retired themselves to
the Barracks.

In the Evening Congress re-assembled and passed the resolutions
on the Journal, authorizing a Committee to confer anew with
the Executive of the State and in case no satisfactory grounds
shd appear for expecting prompt and adequate exertions for suppressing
the mutiny & supporting the Public authority, authorizing
the President, with the advice of the Committee, to summon the
members to meet at Trenton or Princeton in New Jersey.

The conference with the Executive produced nothing but a

repetition of doubts concerning the disposition of the militia to act
unless some actual outrage were offered to persons or property.
It was even doubted whether a repetition of the insult to Congress
would be a sufficient provocation.

During the deliberations of the Executive, and the suspense of
the Committee, Reports from the Barracks were in constant
vibration. At one moment the Mutineers were penitent & preparing
submissions; the next they were meditating more violent
measures.[115] Sometimes the bank was their object; then the
seizure of the members of Congress with whom they imagined an
indemnity for their offence might be stipulated. On Tuesday
about 2 O'Clock, the efforts of the State authority being despaired
of, & the Reports from the Barracks being unfavorable, the
Committee advised the President to summon Congress to meet at
Princeton which he did verbally as to the members present, leaving
behind him a general Proclamation for the Press.

After the departure of Congs., the Mutineers submitted, and
most of them accepted furloughs under the Resolution of Congress,
on that subject. At the time of submission they betrayed
their leaders the chief of whom proved to be a Mr. Carberry a
deranged officer, and a Mr. Sullivan a Lieutenant of Horse; both
of whom made their escape. Some of the most active of the
sergeants also ran off.