been fully canvassed, at the time when the impost was originally recommended by Congress, and 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 control of the grantors. As long as it was in the power of the states to repeal their grants, in this respect, suspicions would prevail, and would prevent loans. Money ought to be appropriated by the states as it is by the Parliament of Great Britain. 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 Virginia repealing her assent to the impost; that it was trifling with Congress to enable them to contract debts, and 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 Virginia, Rhode Island, and the other states, probably would 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 No act of the states could be irrevocable, because, if so called, it might, notwithstanding, be repealed.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 would 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 would impede the measure.

Mr. HAMILTON disliked every plan that made but partial provision for the public debts, as an inconsistent and dishonorable departure from the declaration made by Congress 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 Congress for a general revenue.

THURSDAY, January 30.

The answer to the memorials from the legislature of Pennsylvania was agreed to as it stands on the Journal, New Jersey alone dissenting.

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 that Congress had, in many respects, been faulty as well as the statesparticularly 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 and danger than a satire on their faults; since the latter would only irritate them, whereas the former would 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 Pennsylvania the expedient, into which Congress had been driven, of drawing bills on Spain and Holland without previous warrant, the disappointment attending it, and the deductions ultimately ensuing from the aids destined to the United States by the court 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, and that in the present case it could 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 embarrassments, it would impress the legislature with the danger of making those separate appropriations which would 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, and some other members, having expressed less solicitude

about satisfying or soothing the creditors within Pennsylvania, through the legis lature, 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. Pennsylvania, 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 six millions * of the Continental debt about her neck, to go to the bottom alone

FRIDAY, January 31.

The instruction to the Virginia delegates from that state, relative to tobacco exported to New York, under passport from the secretary of Congress, was referred to a committee. Mr. FITZSIMMONS moved that the information received from said state of its inability to contribute more than- -towards the requisitions of Congress, should be also committed. Mr. BLAND saw no reason for such commitment. Mr. GORHAM was in favor of it. He thought such a resolution from Virginia 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. Massachusetts, he was sure, had a better title to it than Virginia. He said the former had expended immense sums in recruiting her line, which composed almost the whole northern army; that one million two hundred thousand pounds (a dollar at six shillings) had been laid out; and that without this sum the army would have been disbanded.

Mr. FITZSIMMONS, abetting the animadversions on Virginia, took notice that of dollars, required by Congress from her for the year 1782, she had paid the paltry sum of thirty-five thousand dollars, and was, notwithstanding, endeavoring to play off from further contributions. The commitment took place without opposition. The sub-committee, consisting of Mr. Madison, Mr. Carroll, and Mr. Wilson, had this morning a conference with the superintendent of finance, on the best mode of estimating the value of land throughout the United States. The superintendent 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 should be practicable; and 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 Congress should expressly reserve to themselves a right of revising and rejecting it, such a right could not be exercised without giving extreme offence to the suspected party. To guard against these difficulties it was finally agreed, and the sub-committee accordingly reported to the grand committee,

That it is expedient to require of the several states a return of all surveyed and granted land within each of them; and that, in such returns, the land be distinguished into occupied and unoccupied.

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

This report was hurried in to the grand committee for two reasons; first, it was found that Mr. Rutledge, Mr. Bland, and several others, relied so much on a valuation of 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 second reason was, that the sub-committee were afraid that suspicions might arise of intentional delay, in order to confine the attention of Congress 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-committee, or the report referred to them, should be preferred. In favor of the first were Mr. Wilson, Mr. Carroll, Mr. Madison, Mr.

• He supposed that sum due, by the United States, to citizens of Pennsylvania, for loans.

Elmore, Mr. Hamilton. In favor of the second were Mr. Arnold, Mr. Dyer, Mr. Hawkins, Mr. Gorham, Mr. Rutledge, and Mr. Gilman. So the latter was immediately handed in to Congress, and referred to a committee of the whole, into which they immediately resolved themselves.

A motion was made by Mr. BLAND, seconded by Mr. MADISON, that this report should be taken up in preference to the subject of general funds. Mr. WILSON opposed it as irregular and 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 general 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, and 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 should be found, on mature deliberation, to be as efficacious a remedy as was by some supposed, it would 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 would join the more cordially in the object of a general revenue.

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

The phraseology was made more correct in several instances.

A motion was made by Mr. BOUDINOT, seconded by Mr. ELLSWORTH, to strike out the clause requiring a return of "the names of the owners," as well as the quantity of land. Mr. ELLSWORTH also contended for a less specific return of the parcels of land. The objection against the clause was, that it would be extremely troublesome, and equally useless. Mr. BLAND thought these specific returns would be a check on frauds, and the suspicion of them. Mr. Williamson was of the same opinion, as were also Mr. Lee, Mr. Gorham, and Mr. Ramsay.* The motion was withdrawn by Mr. Boudinot.

No Congress.

SATURDAY and MONDAY.

TUESDAY, February 4.

An indecent and tart remonstrance was received from Vermont against the interposition of Congress in favor of the persons who had been banished, and whose effects had been confiscated. A motion was made by Mr. HAMILTON, seconded by Mr. DYER, to commit it. Mr. WOLCOTT, who had always patronized the case of Vermont, wished to know the views of a commitment. Mr. HAMILTON said his view was, to fulfil the resolution of Congress which bound them to enforce the measure. Mr. DYER said his was, that so dishonorable a menace might be as quickly as possible renounced. He said General Washington was in favor of Vermont; that the principal people of New 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 Pennsylvania, having found the ordinance of Congress, erecting a court for piracies, so obscure on some points that they were at a loss to adapt their laws to it, had appointed a committee to confer with a committee of Congress. He accordingly moved, in behalf of the Pennsylvania delegation, that a committee might be appointed for that purpose. After some objections, by Mr. MADISON, against the impropriety of holding a communication with Pennsylvania through committees, when the purpose might be as well answered by a memorial, or an instruction to its delegates, a committee was appointed, consisting of Mr. Rutledge, Mr. Madison, and Mr. Wilson.

The report proposing a commutation for the half-pay due to the army was taken up. On a motion to allow five and a half years' whole pay in gross to be funded and bear interest, this being the rate taken from Dr. Price's calculation of annuities, New Hampshire was, no; Rhode Island, no; Connecticut, no; New

* Mr. DYER ludicrously proposed, as a proviso to the scheme of ferring the valuation to the states, "that each of the states should cheat equally."

Jersey, no; Virginia, ay, (Mr. LEE, no;) other states, ay: so the question was lost. Five years was then proposed, on which New Hampshire was, no; Rhode Island, no; Connecticut, no; New Jersey, no: so there were but six ayes, and the proposition was lost. Mr. WILLIAMSON proposed five and a quarter, and called for the yeas and nays. Messrs. WOLCOTT and DYER observed, that 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 Congress which had stipulted half-pay to the army, as it had passed before the Confederation, and by a vote of less than seven states. Mr. MADISON said that he wished, if the yeas and 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, would not express the true ideas of the yeas, and might even subject them to contrary interpretations. He said that the act was valid, because it was decided according to the rule then in force; and that, as the officers had served under the faith of it, justice fully corroberated it, and that he was astonished to hear these principles controverted. He was also astonished to hear objections against a commutation come from states, in compliance with whose objections against the half-pay itself this expedient had been substituted. Mr. WILSON expressed his surprise, also, that instructions should be given which militated against the most peremptory and lawful engagements of Congress, 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 Rhode Island was in session, and he hoped to receive their further advice. Mr. BLAND enforced the ideas of Mr. Madison and Mr. Wilson. Mr. GILMAN thought it would be best to refer the subject of halfpay to the several states, to be settled between them and 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, December 22, 1782, introducing Mr. from Canada,

as a person capable of giving intelligence relative to affairs in Canada, and the practicability of uniting that province with the confederated states. The letter was committed.

In committee of the whole on the report concerning a valuation of the lands of the United States,

A motion was made by Mr. RUTLEDGE, which took the sense of Congress on this question whether the rule of apportionment, to be grounded on the proposed valuation, should continue in force until revoked by Congress, or a period be now fixed beyond which it should not continue in force. The importance of the distinction lay in the necessity of having seven votes on every act of Congress. 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 six ayes only, which produced a dispute whether, in a committee of the whole, a majority would decide, or whether seven votes were necessary.

In favor of the first rule, it was contended by Mr. GORHAM and others, that in committees of Congress the rule always is, that a majority decides.

In favor of the latter, it was contended that, if the rule of other committees applies to a committee of the whole, the vote should be individual per capita, as well as by a majority; that in other deliberative assemblies the rules of voting were not varied in committees of the whole, and that it would be inconvenient in practice to report to Congress, as the sense of the body, a measure approved by four or five states, since there could be no reason to hope that, in the same body, in a different form, seven states would approve it; and, consequently, a waste of time would be the result.

The committee rose, and Congress adjourned.

WEDNESDAY, February 5, and THURSDAY, February 6. In order to decide the rule of voting in a committee of the whole, before Congress should go into the said committee, Mr. BLAND moved that the rule should be to vote by states, and the majority of states in committee to decide. Mr. WILSON moved to postpone Mr. Bland's motion, in order to resolve that the rule be to vote by states, and according to the same rules which govern Congress. As this general

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, and 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 Congress should resolve itself into a committee of the whole. Mr. CARROLL, as chairman, observed that, as the same difficulty would occur, he wished Congress would, previously, direct him how to proceed. Mr. HAMILTON proposed that the latter clause of Mr. Bland's motion should be reconsidered, and agreed to, wrong as it was, rather than have no rule at all. In opposition to which it was said, that there was no more reason why one, and that not the minor, side should wholly yield to the inflexibility of the other, than vice versa; and that, if they should be willing to yield on the present occasion, it would be better to do it tacitly than to saddle themselves with an express and 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 amendments proposed were, first, the period beyond which the rule of the first valuation should not be in force. On this point Mr. COLLINS proposed five years, Mr. BLAND ten years, Mr. BOUDINOT seven years: New Jersey having instructed her delegates thereon. The Connecticut delegates proposed three years. On the question for three years, New Hampshire, no; Massachusetts, no; Rhode Island, ay; Connecticut, ay; all the other states, no. On the question for five years, all the states ay, except Connecticut.

The second point was whether, and how far, the rule should be retrospective. On this point the same views operated as on the preceding. Some were against any retrospection, others for extending it to the whole debt, and others for extending 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, and more accurately brought before Congress; so the report was agreed to in the committee, and 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 and indirect to ascertain the real sense of Congress; that other points involved in the subject had not received any decision; and proposed the sense of Congress should be distinctly and successively taken on all of them, and the result referred to a special committee, to be digested, &c. The question was, however, put, and 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, February 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 Congress on the several points, as yesterday proposed by Mr. Madison, was generally admitted as proper.

The first question proposed in committee of the whole by Mr. MADISON, was: Shall a valuation of land within the United States, as directed by the Articles of Confederation, be immediately attempted?-Eight ayes; New York, only, The states present were New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina; Rhode Island, one member; Maryland, one.

no.

By Mr. WILSON —

Q. Shall each state be called on to return to the United States, in Congress assembled, the number of acres granted to, or surveyed for, any person, and also the number of buildings within it? Eight ayes; North Carolina, 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 and whites being therein distinguished?- Ay; North Carolina, no- - for the same reason as above. Connecticut divided.