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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FRIDAY, FEBRUARY 28. |
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 | The writings of James Madison, |  |
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
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.
| The writings of James Madison, | |