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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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WEDNESDAY, FEBY. 26.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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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.


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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;


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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

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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.

 
[60]

It recommended to the executives of the several States to inform the commander-
in-chief or "commander of a separate army" whenever outrages on
person or property were committed by persons in the service of the enemy, in
order that retaliatory measures might be taken.—Journals of Congress, iv.,
167.

[61]

He had in view the followg. objects: 1. The abatements proposed by Mr.
Hamilton. 2. A transfer into the common mass of expenses of all the separate
expenses incurred by the States in their particular defence. 3. An acquisition
to the U. States of the vacant territory. The plan thus extended would affect
the interest of the States as follows, viz. N. Hampshire would approve the establishment
of a General revenue, as tending to support the confederacy, to
remove causes of future contention, and to secure her trade against separate
taxation from the States thro' which it is carried on. She would also approve
of a share in the vacant territory. Having never been much invaded by the
enemy her interests would be opposed to the abatements, & throwing all the
separate expenditures into the common mass. The discharge of the public
debts from the common treasury would not be required by her interest the loans
of her citizens being under her proportion. See the statement of them.

Massachusetts, is deeply interested in the discharge of the public debts. The
expedition to Penobscot alone interests her, she supposes, in making a common
mass of expenses; her interest is opposed to abatements; the other objects
wd. not peculiarly affect her.

Rhode Island, as a weak State is interested in a General revenue as tending
to support the Confederacy and prevent future contentions, but against it as tending
to deprive her of the advantage afforded by her situation of taxing the commerce
of the contiguous States. As tending to discharge with certainty the
public debts, her proportion of loans interest her rather against it. Having
been the seat of war for a considerable time, she might not perhaps be opposed
to abatements on that account. The exertions for her defence having been
previously sanctioned, it is presumed in most instances, she would be opposed
to making a common mass of expenses. In the acquisition of vacant territory
she is deeply and anxiously interested.

Connecticut is interested in a general revenue as tending to protect her commerce
from separate taxation from N. York & Rhode Island; and somewhat
as providing for loan office creditors. Her interest is opposed to abatements,
and to a common mass of expenses. Since the condemnation of her title to her
Western Claims, she may perhaps consider herself as interested in the acquisition
of the vacant lands. In other respects, she wd. not be peculiarly affected.

N. York is exceedingly attached to a general revenue as tending to support
the confederacy and prevent future contests among the States. Although
her Citizens are not lenders beyond the proportion of the State, yet individuals
of great weight are deeply interested in provision for public debts. In abatements
N. York is also deeply interested. In makg. a common mass also
interested, and since the acceptance of her cession, interested in those of other
States.

N. Jersey is interested as a smaller State, in a General revenue as tendg. to
support the confederacy, and to prevent future contests and to guard her commerce
agst. the separate taxation of Pennsylvania and N. Y. The loans of her
citizens are not materially disproportionate. Although this State has been
much the theatre of the war, she wd. not perhaps be interested in abatements.
Having had a previous sanction for particular expenditures her interest wd. be
opposed to a common mass. In the vacant territory, she is deeply and anxiously
interested.

Penna. is deeply interested in a general revenue, the loans of her Citizens
amounting to more than 1/3 of that branch of the public debt. As far as a general
impost on trade would restrain her from taxing the trade of N. Jersey, it
would be against her interest. She is interested against abatements; and against
a common mass, her expenditures having been always previously sanctioned.
In the vacant territory, she is also interested.

Delaware is interested by her weakness in a general revenue as tending to
support the confederacy & future tranquillity of the States; but not materially,
by the credits of her Citizens. Her interest is opposed to abatements & to a
common mass. To the vacant territory she is firmly attached.

Maryland. Having never been the Seat of war & her Citizens being creditors
below her proportion, her interest lies agst. a general revenue, otherwise than
as she is interested in common with others in the support of the confederacy
& tranquillity of the U. S.; but against abatements, and against a common
mass. The vacant lands are a favorite object to her.

Virga., in common with the Southern States as likely to enjoy an opulent
and defenceless trade is interested in a general revenue, as tending to secure
to her the protection of the confederacy agst. the maritime superiority of the
E. States; but agst. it as tending to discharge loan office debts and to deprive
her of the occasion of taxing the com̃erce [of] N. Carolina. She is interested
in abatements, and essentially so in common mass, not only her eccentric expenditures
being enormous, but many of her necessary ones havg. recd. no previous
or subsequent sanction. Her cession of territory would be considered as
a sacrifice.

N. Carolina is interested in a general revenue as tending to ensure the protection
of ye. Confederacy agst. the maritime superiority of E. States and to
guard her trade from separate taxation by Virginia and S. Carolina. The loans
of her Citizens are inconsiderable. In abatements and in a common mass she
is essentially interested. In the article of territory, she would have to make a
sacrifice.

South Carolina is interested, as a weak & exposed State in a general revenue
as tending to secure to her the protection of the confederacy agst. Enemies of
every kind, and as providing for the public Creditors, her Citizens being not
only loan office Creditors beyond her proportion, but having immense unliquidated
demands agst. the U. States. As restraining her power over the commerce
of N. Carolina, a general revenue is opposed to her interests. She is also
materially interested in abatements, and in a common mass. In the article of
territory her sacrifice wd. be inconsiderable.

Georgia as a feeble an[d] opulent & frontier State is peculiarly interested in a
general revenue, as tending to support the confederacy. She is also interested
in it somewhat by the creditors of her Citizens. In abatements she is also
interested, and in a common mass essentially so. In the article of territory
She would make an important sacrifice.

To make this plan still more complete for the purpose of removing all present
complaints, and all occasions of future contests, it may be proper to include in
it a recommendation to the States to rescind the rule of apportioning pecuniary
burdens according to the value of the land, & to substitute that of numbers,
reckoning two slaves as equal to one freeman.

STATE OF THE LOAN OFFICE DEBT.

                           
Specie Dollars. 
N. H.  336, 579 58 7 
Mass.  2,361,866 66 5 
R. Island  699,725 37 4 
Cont 1,270,115 30 0 
N. York  949,729 57 5 
N. Jersy  658,883 69 
Pena 3,948,904 14 4 
Delware  65,820 13 7 
Maryland  410,218 30 
Virga 313,741 82 3 
N. Carolina  113,341 11 1 
S. Carolina  90,442 10 1 
Total  11,437,410 80 

This it is to be observed is only the list of loan office debts. The unliquidated
debts and liquidated debts of other denominations due to individuals
will vary inexpressibly the relative quantum of credits of the several States.
It is to be further observed that this only shews the original credits transfers
having being constant; heretofore they have flowed into Pa. . Other States
may hereafter have an influx. [Note in MS.]