University of Virginia Library

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.