states were, five ayes, six noes, viz.: New Hampshire, Connecticut, New Jersey, Delaware, Maryland, no; the rest, ay.

On the tenth paragraph, relative to expenses incurred by the states without the sanction of Congress, Mr. CLARK exclaimed against 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. HELMSLEY seconded the

motion.

Mr. MADISON said, that the effects of rejecting this paragraph would be so extensive, that a full consideration of it ought at least to precede such a step; that the expenses referred to in the paragraph were, in part, such as would have been previ· ously sanctioned by Congress, if application had been made, since similar ones had been so with respect to states within the vicinity of Congress, and, therefore, complaints of injustice would follow a refusal; that another part of the expenses had been incurred in support of claims to the territory of which cessions were asked by Congress, and, therefore, these could not be expected, if the expenses incident to thein 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 Congress, whilst they might with a good grace yield it in the first instance; not to mention that these unliquidated and unallowed claims would produce, here ifter, such contests and heats among the states as would probably destroy the plan, even if it should 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. GORHAM were earnest in favor of it, remarking that the distance of Massachusetts from Congress had denied a previous sanction to the militia operatio: s against 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 rem teness from Congress, had been obliged to incur expenses 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 would be the case if their expenses should be sinctioned in the lump: he proposed, therefore, that these expenses should 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 paragraph were very loose, and that it would be proper to make them as definite as the case would admit: he supposed, however, that all operations against the enemy, within the limits assigned to the United States, might be considered as defensive, and in that view, the expedition against 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 would be best, perhaps, for Congress to determine and declare that they would constitute a tribunal of impartial persons to decide, on oath, as to the propriety of claims of states not authorized heretofore by Congress. He said, this would be a better security to the states, and would be more satisfactory, than the decisions of Congress, the members of which did not act on oath, and 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.

(Eleventh and twelfth paragraphs.) Mr. BLAND, in opposition, said, that the value of land was the best rule, and that, at any rate, no change should be attempted until its practicability should be tried.

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

Mr. GORHAM was in favor of the paragraphs. He represented, in strong terus,

the inequality and clamors produced by valuations of land in the state of Massachusetts, and the probability of the evils being increased among the states themselves, which were less tied together, and more likely to be jealous of each other. Mr. WILLIAMSON was in favor of the paragraphs.

Mr. WILSON was strenuous in their favor; said he was in Congress 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 and Southern States, as to the value of slaves compared with the whites, the alternative in question.

Mr. CLARK was in favor of them. He said, that he was also in Congress when this article was decided; that the Southern States would have agreed to numbers in preference to the value of land, if half their slaves only should 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, and that the blank might be filled up, the clause was recommitted.

FRIDAY, March 28.

The committee last mentioned reported that two blacks be rated as one freeman.
Mr. WOLCOTT was for rating them as four to three.
Mr. CARROLL as four to one.

Mr. WILLIAMSON said, he was principled against slavery.; and that he thought slaves an encumbrance to society, instead of increasing its ability to pay taxes. Mr. HIGGINSON as four to three.

Mr. RUTLEDGE said, for the sake of the object, he would agree to rate slaves as two to one, but he sincerely thought three to one would be a juster proportion. Mr. HOLTEN as four to three.

Mr. OSGOOD said, he did not go beyond four to three.

On a question for rating them as three to two, the votes were, New Hampshire, ay; Massachusetts, no; Rhode Island, divided; Connecticut, ay; New Jersey, ay; Pennsylvania, ay; Delaware, ay; Maryland, no; Virginia, no; North Carolina, no; South Carolina, 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 would be agreed to.

After some further discussions on the report, in which the necessity of some simple and practicable rule of apportionment came fully into view, Mr. MADISON sid that, in order to give a proof of the sincerity of his professions of liberality, he would propose that slaves should be rated as five to three. Mr. RUTLEDGE seconded the motion. Mr. WILSON said, he would sacrifice his opinion on this compromise.

Mr. LEE was against changing the rule, but gave it as his opinion that two slaves were not equal to one freeman.

On the question for five to three, it passed in the affirmative; New Hampshire, ay; Massachusetts, divided; Rhode Island, no; Connecticut, no; New Jersey, ay; Pennsylvania, ay; Maryland, ay; Virginia, ay; North Carolina, ay; South Carolina, ay. A motion was then made by Mr. BLAND, seconded by Mr. LEE, to strike out the clause so amended, and, on the question, "Shill it stand?" it passed in the n gative; New Hampshire, ay; Massachusetts, no; Rhode Island, no; Connecticut, no; New Jersey, ay; Pennsylvania, ay; Delaware, no; Maryland, ay; Virginia, ay; North Carolina, ay; South Carolina, no: so the clause was struck out.

The arguments used by those who were for rating slaves high were, that the expense of feeding and clothing them was as far below that incident to freemen as their industry and ingenuity were below those of freemen; and that the warm clinate within which the states having slaves lay, compared with the rigorous climate and inferior fertility of the others, ought to have great weight in the case; and 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, and omitted every exertion of thought requisite to facilitate and 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 manufac

tures, and that, in fact, the balance of trade formerly was much more against the Southern States than the others.

On the main question, New Hampshire, ay; Massachusetts, no; Rhode Island, no; Connecticut, no; New York, (Mr. Floyd, ay;) New Jersey, ay; Delaware, no; Maryland, ay; Virginia, ay; North Carolina, ay; South Carolina, no.

SATURDAY, March 29.

The objections urged against the motion of Mr. LEE, on the Journal, calling for a specific report of the superintendent of finance as to moneys passing through his hands, were, that the information demanded from the office of finance had, during a great part of the period, been laid before Congress, and 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 superintendent, to those who were to expend the money, it was unnecessary, the superintendent being already impressed with his duty on that subject; that if it meant the ultimate payment for articles or services for the public, it imposed a task that would be impracticable to the superintendent, and useless to Congress, who could no otherwise examine them than through the department of accounts, and the committees appointed half-yearly for inquiring into the whole proceedings; and 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 would, 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 and comprehend every information practicable and necessary for Congress to know, and 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, and to be too voluminous a task; but the question was taken without a convenient opportunity of correcting it. The motion was negatived.21

MONDAY, March 31.

A letter was received from the governor of Rhode Island, with resolutions of the legislature of that state, justifying the conduct of Mr. Howell.22

On the arrival of the French cutter with the account 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 New York. In addition to this, it was proposed by the secretary of foreign affairs, and urged by the delegates of Pennsylvania, by Mr. LEE, Mr. RUTLEDGE, and others, that Congress should si nify their desire and expectation that hostilities should be suspended at sea on the part of the enemy. The arguments urged were, that the effusion of blood might be immediately stopped, and the trade of the country rescued from depredation. It was observed, on the other side, that such a proposition derogated from the dignity of Congress; showed an undue precipitancy; that the intelligence was not authentic enough to justify the British commanders in complying with such an overture; and, therefore, that Congress would be exposed to the mortification of a refusal. The former consideration prevailed, and a verbal sanction was given to Mr. Livingston's expressing to the said commanders the expectation of Congress. This day their answers were received, addressed to Robert R. Livingston, Esq., &c. &c. &c., declining to accede to the stopping of hostilities at sea, and urging the necessity of authentic orders from Great Britain 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 should be revoked; and that the executives should be requested to embargo all vessels." Congress were generally sensible, after the receipt of these papers, that they had committed themselves in proposing to the British commanders, at New York, a stop to naval hostilities, and were exceedingly at a loss to extricate themselves. On one side, they were unwilling to publish to the world the affront they had received, especially as no written order had been given for the cor

respondence; and, on the other, it was necessary that 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 Colonel BLAND and General MIFFLIN, that the secretary of foreign affairs should be directed, verbally, to publish the letters from Carleton and 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 and send them to the press, and that the subject should lie over for further consideration.

TUESDAY, April 1.

Mr. GORHAM 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 Massachusetts, were, with New York, about to form a convention for regulating matters of common concern, and that if any plan should be sent out by Congress during their session, they would probably cooperate with Congress in giving effect to it.

Mr. MERCER expressed great disquietude at this information; considered it as a dangerous precedent; and that it behoved the gentleman to explain fully the objects of the convention, as it would be necessary for the Southern States to be, otherwise, very circumspect in agreeing to any plans, on a supposition that the general confed eracy was to continue.

Mr. OSGOOD said, that the sole object was to guard against an interference of taxes among states whose local situation required such precautions; and that if nothing was definitively concluded without the previous communication to, and sanc tion of, Congress, the Confederation could not be said to be in any manner departed from; but tht, 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, and contravening the spirit of the federal government. He said, they had the appearance of young Congresses.

Mr. GORHAM explains as Mr. Osgood.

Mr. MADISON and Mr. HAMILTON disapproved of these partial conventions, not as absolute violations of the Confederacy, but as ultimately leading to them, and, in the mean time, exciting pernicious jealousies; the latter observing that he wished, instead of them, to see a general convention take place, and that he should soon, in pursuance of instructions from his constituents, propose to Congress a plan for that purpose; the object would be to strengthen the Federal Constitution.

Mr. WHITE informed Congress that New Hampshire had declined to accede to the 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.24

These observations having put an end to the subject, Congress 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 seconded 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, and despair on both sides of a more favorable rate of the slaves. The rate of three fifths was agreed to without opposition. On a preliminary question, the apportionment of the sum, and revision of the same, was referred to the grand com

mittee.

The report as to the resignation of foreign ministers was taken up, and in the caseof Mr. Jefferson, his mission was dispensed with; Mr. Dana's intimated return to America was approved of, unless engaged in a negotiation with the court of St. etersburg. (See the Journal.) The eastern delegates were averse to doing any thing as to Mr. Adams until further advices should be received. Mr. Laurens was indulged, not without some opposition. The acceptance of his resignation was particularly enforced by Mr. IZARD.

See Journals.

WEDNESDAY, April 2, THURSDAY, April 3, FRIDAY, April 4,
SATURDAY, April 5.

The grand committee appointed to consider the proportions for the blanks in the report on revenue, &c., reported the following, grounded on the number of inhabitants in each state; observing that New Hampshire, Rhode Is'and, Connecticut, and Mary'and, had produced authentic documents of their numbers; and 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 the aggregate debt to two millions and a

interest of debt, after deducting 1,000,000 of dollars, expected from impost on trade. A committee, consisting of Mr. Hamilton, Mr. Madison, and Mr. Ellsworth, 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 and naval establishments; and also to carry into execution the regulation of weights and measures, and other articles of the Confederation not attended to during the war. To the same committee was referred a resolution of the executive council of Pennsylvania, requesting the delegates of that state to urge Congress to establish a general peace with the Indians,25

MONDAY, April 7.

The sense of Congress having been taken on the truth of the numbers reported by the grand committee, the number allotted to South Carolina was reduced to 150,000, on the representation of the d legates of that state. The delegat s of New Jersey contended also for a reduction, but were unsuccessful;- those of Virginia also, on the principle that Congress 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 would be varied. To this reasoning were opposed the verbal and credible information received from different persons, and particularly Mr. Mercer, which made the number of inhabitants in Virginia, after deducting two fifths of the slaves, exceed the number allotted to that state. Congress were almost unanimous against the reduction. A motion was made by Mr. GERVAIS, seconded by Mr. MADISON, to reduce the number of Georgia to 15,000, on the probability that their real number did not exceed it, and the cruelty of overloading a state which had been so much torn and exhausted by the war. The motion met with little support, and was almost unanimously negatived.

A letter was read from General Washington, expressing the joy of the army at the signing of the general preliminaries notified to him, and their satisfaction at the commutation of half-pay agreed to by Congress.

TUESDAY, April 8.

Estimate of the debt of the United States, reported by the grand committee.