Address to the states passed nem. con. address to Rhode Island, referred to as ilton. See Vol. I. p. 96, Elliot's Debates. The writer of these notes absent till

SATURDAY, April 26.

It was drawn up by Mr. Madison. The No. 2, had been drawn up by Mr. Ham

MONDAY, May 5.

Mr. BLAND and Mr. MERCER moved to erase from the Journal the resolution of Friday, the 2d instant, applying for an addition of three millions to the grant of six millions, by his Most Christian Majesty, as in part of the loan of four millions, requested by the resolution of September 14, 1782. As the resolution of the 2d had been passed by fewer than nine states, they contended that it was unconstitutional. The reply was, that as the three millions were to be part of a loan heretofore authorized, the sanction of nine states was not necessary. The motion was negatived, the two movers alone voting in the affirmative.34

TUESDAY, May 6.

A motion was made by Mr. LEE to recommend to the several states to pass laws indemnifying officers of the army for damages sustained by individuals from acts of such officers rendered necessary in the execution of their military functions. It was referred to Mr. Lee, Mr. Williamson, and Mr. Clark.

He proposed, also, that an equestrian statue should be erected to General Washington.35

A report, from the secretary of foreign affairs, of a treaty of commerce to be entered into with Great Britain, was referred to Mr. Fitzsimmons, Mr. Higginson, Mr Rutledge, Mr. Helmsley, and Mr. Madison.

WEDNESDAY, May 7

The resolution moved yesterday, by Mr. Lee, for indemnifying military officers, weing reported by the committee, was agreed to.

The committee, on a motion of Mr. DYER, reported that the states which had settled with their respective lines of the army for their pay since August 1, 1780, should receive the securities which would otherwise be due to such lines.

The report was opposed, on the ground that the settlements had not been discharged in the value due. The notes issued in payment, by Connecticut, were complained of, as being of little value.

The report was disagreed to.

See Journal.36

THURSDAY, May 8.

Mr. BLAND suggested, that the prisoners of war should be detained until an answer be given as to the delivery of slaves, represented, in a letter to Mr. Thomas Walke, to be refused on the part of Sir Guy Carleton.

On his motion, seconded by Mr. WILLIAMSON, it was ordered that the letter be ent to General Washington for his information, in carrying into effect the resolution of April 15, touching arrangements with the British commander for delivery of the post, negroes, &c.

4 portrait of Don Galvez was presented to Congress by Oliver Pollock.37

FRIDAY, May 9.

A question on a report relating to the occupying the posts, when evacuated by the British, was postponed by Virginia, in right of a state.

Mr. DYER moved a recommendation to the states to restore confiscated property, conformably to the provisional articles. The motion produced a debate, which went off without any positive result.38

Adjourned to

See Journal.

No Congress.

MONDAY, May 12

TUESDAY, May 13.

WEDNESDAY, May 14.

Mr. HAMILTON and Mr. ELLSWORTH moved a call on the states to fulfil the recommendation relative to the tories. After some remarks on the subject, the House adjourned.39

See Journal.

THURSDAY, May 15.

The report re.aung to the department of foreign affairs was taken up, and, . fter Bome discussion of the expediency of raising the salary of the secretary, Congress adjourned.

See Journal.

No Congress.

FRIDAY, May 16.

SATURDAY, May 17.

MONDAY, May 19.

Spent in debating the report recommending provision for tories, according to the provisional articles of peace.

TUESDAY, May 20.

On the proposal to discharge the troops who had been enlisted for the war, (amounting to ten thousand men,) from the want of means to support them,

Mr. CARROLL urged the expediency of caution; the possibility that advantage might be taken by Great Britain of a discharge both of prisoners and of the army; and suggested the middle course, of furloughing the troops.

Mr. DYER was strenuous for getting rid of expense; considered the war at an end; that Great Britain might as well renew the war after the definitive treaty as now; that not a moment ought to be lost in disburdening the public of needless

expense.

Mr. RUTLEDGE viewed the conduct of Great Britain in so serious a light, that he almost regretted having voted for a discharge of prisoners. He urged the expediency of caution, and of consulting the commander-in-chief. He accordingly moved that the report be referred to him for his opinion and advice. The motion was seconded by Mr. IZARD.

Mr. CLARK asked whether any military operation was on foot, that the commander-in-chief was to be consulted. This was a national question, which the national council ought to decide. He was against furloughing the men, because they would carry their arms with them. He said we were at peace, and complained that some could not separate the idea of a Briton from that of cutting throats.

Mr. ELLSWORTH enlarged on the impropriety of submitting to the commanderin-chief a point on which he could not possess competent materials for deciding. We ought either to discharge the men engaged for the war, or to furlough them. He preferred the former.

Mr. MERCER descanted on the insidiousness of Great Britain, and warmly opposed the idea of laying ourselves at her mercy that we might save fifty thousand dollars, although Congress knew they were violating the treaty as to negroes.

Mr. WILLIAMSON proposed that the soldiers be furloughed. Mr. CARROLL seconded him, that the two inodes of furlough and discharge might both lie on the table.

By general consent this took place.

The report as to confiscated property, on the instructions from Virginia and Pennsylvania, was taken up, and agreed to be recommitted, together with a motion of Mr. MADISON, to provide for the case of Canadian refugees, and for settlement of accounts with the British; and a motion of Mr. HAMILTON to insert, in a definitive treaty, a mutual stipulation not to keep a naval force on the lakes.40

WEDNESDAY, May 21, and THURSDAY, May 22.

See the Secret Journal for these two days. The passage relating to the armed neutrality was generally concurred in for the reasons which it expresses.

The disagreements on the questions relating to a treaty of commerce with Russia were occasioned chiefly by sympathies, particularly in the Massachusetts delegation, with Mr. Dana; and by an eye, in the navigating and ship-building states, to the Russian articles of iron and hemp. They were supported by South Carolina, who calculated on a Russian market for her rice.41

FRIDAY, May 23.

The report from Messrs. Hamilton, Gorham, and Peters, in favor of discharging the soldiers enlisted for the war, was supported on the ground that it was called for

by economy, and justified by the degree of certainty that the war would not be renewed. Those who voted for furloughing the soldiers, wished to avoid expense, and at the same time to be not wholly unprepared for the contingent failure of a definitive treaty of peace. The views of the subject, taken by those who were opposed both to discharging and furloughing, were explained in a motion by Mr. MERCER, seconded by Mr. IZARD, to assign as reasons, first, that Sir Guy Carleton had not given satisfactory reasons for continuing at New York; second, that he had broken the articles of the provisional treaty relative to the negroes, by sending them off.

This motion appeared exceptionable to several, particularly to Mr. Hamilton; and rather than it should be entered on the Journal by yeas and nays, it was agreed that the whole subject should lie over.

The report relative to the department of foreign affairs being taken up, Mr. CARROLL, seconded by Mr. WILLIAMSON, moved that no public minister should be employed by the United States, except on extraordinary occasions.

In support of the proposition, it was observed, that it would not only be economical, but would withhold our distinguished citizens from the corrupting scenes at foreign courts, and, what was of more consequence, would prevent the residence of foreign ministers in the United States, whose intrigues and examples might be injurious both to the government and the people.

The considerations suggested on the other side were, that diplomatic relations made part of the established policy of modern civilized nations; that they tended to prevent hostile collisions by mutual and friendly explanations; and that a young republic ought not to incur the odium of so singular, and it might be thought disre spectful, an innovation. The discussion was closed by an adjournment till Monday

MONDAY, May 26.

The resolutions on the Journal instructing the ministers in Europe to remonstrate against the carrying off the negroes also those for furloughing the troops passed unanimously.42

No Congress.

TUESDAY, May 27, and WEDNESDAY, May 28.

THURSDAY, May 29.

The report of the committee concerning interest on British debts was committed, after some discussion.

FRIDAY, May 30.

The debates on the report recommending to the states a compliance with the fourth, fifth, and sixth of the provisional articles were renewed; the report being finally committed, nem. con. See Secret Journal.

The report, including the objections to interest on British debts, was also agreed to, nem. con.; not very cordially by some who were indifferent to the object, and by others who doubted the mode of seeking it by a new stipulation.43

See Journal.

MONDAY, June 2, and TUESDAY, June 3.

WEDNESDAY, June 4.

The report of the committee for giving to the army certificates for land was taken up. After some discussion of the subject, making the certificates transferable, *able.

some members being for, some against, - it was agreed that the report should lie on the

For what passed in relation to the cession of vacant territory by Virginia, see the Journal.

Whilst Mr. Hamilton's motion relating to Mr. Livingston, secretary of foreign affairs, was before the House, Mr. PETERS moved, in order to detain Mr. Livingston in office, that it be declared, by the seven states present, that the salary ought to be augmented. To this it was objected-first, that it would be an assumption of power in seven states to say what nine states ought to do; second, that it might insaare Mr. Livingston; third, that it would commit the present, who ought to be open to discussion when nine states should be on the floor. The motion of M. Peters being withdrawn, that of Mr. Hamilton was agreed to.44

See Journal.

THURSDAY, Jure 5

FRIDAY, June b

The report as to the territorial cession of Virginia, after some uninteresting debate. was adjourned.

MONDAY, June 9 Not states enough assembled to form a Congress. Mr. CLARK signified to those present, that the delegates of New Jersey being instructed on the subject of the back lands, he should communicate the report thereon to his constituents.45

TUESDAY, June 10.

The report on the cession of Virginia was taken up. Mr. ELLSWORTH urged the expediency of deciding immediately on the cession. Mr. HAMILTON joined him, asserting at the same time the right of the United States. He moved an amendment in favor of private claims. Mr. CLARK was strenuous for the right of the United States, and against waiting longer; (this had reference to the absence of Maryland, which had always taken a deep interest in the question.) Mr. GORHAM supported the policy of acceding to the report. Mr. FITZSIMMONS recommended a postponement of the question, observing, that he had sent a copy of the report to the Maryland delegates. The president was for a postponement till the sense of New Jersey be known. The Delaware delegates, expecting instructions, were for postponing till Monday next. It was agreed, at length, that a final vote should not be taken till that day - Mr. MADISON yielding to the sense of the House, but warning that the opportunity might be lost by the rising of the legislature of Virginia.

Mr. HAMILTON and Mr. PETERS, with permission, moved for a recommitment of the report, in order to provide for crown titles within the territory reserved to the state. Mr. MADISON objected to the motion, since an amendment might be prepared during the week, and proposed on Monday next. This was acquiesced in. It was agreed that the president might informally notify private companies and others, as well as the Maryland delegates, of the time at which the report would be taken into consideration.

The order of the day for appointing a secretary of foreign affairs was called for, and none having been put in nomination, the order was postponed. Mr. BLAND then nominated Mr. Arthur Lee. Mr. GORHAM nominated Mr. Jefferson, but being told he would not accept, then named Mr. Tilghman. Mr. HIGGINSON nominated Mr. Jonathan Trumbull. Mr. MONTGOMERY nominated Mr. George Clymer. It was understood that General Schuyler remained in nomination.

See Journals, secret and public.

WEDNESDAY, June 11.

THURSDAY, June 12.

The instruction in the Secret Journal, touching the principles, &c., of the neutral confederacy, passed unanimously.

The resolution, as reported by the committee, being in a positive style, and eight states only being present, the question occurred whether nine states were not necessary. To avoid the difficulty, a negative form was given to the resolution, by which the preamble became somewhat unsuitable. It was suffered to pass, however, rather than risk the experiment of further alteration.46

FRIDAY, June 13.

The mutinous memorial from the sergeants was received and read. It excited much indignation, and was sent to the secretary at war.47

No Congress.

MONDAY, June 16.

TUESDAY, June 17.

The day was employed chiefly in considering the report on the Journal relative to the department of finance. Some thought it ought to lie on the files; some, that it ought to receive a vote of approbation, and that the superintendent should, for the period examined, be acquitted of further responsibility. Mr. GORHAM, particularly, was of that opinion. Finally, the report was entered on the Journal, without any act of Congress thereon, by a unanimous concurrence.19

Nothing done.

WEDNESDAY, June 18.

THURSDAY, June 19.

A motion was made by Mr. WILLIAMSON, seconded by Mr. BLAND, to recommend to the states to make it a part of the Confederation, that, whenever a fourteenth state should be added to the Union, ten votes be required in cases now requiring nine. It was committed to Mr. Williamson, Mr. Hamilton, and Mr. Madison. The motion had reference to the foreseen creation of the western part of North Carolina into a separate state.

This

Information was received by Congress, from the executive council of Pennsyl vania, that eighty soldiers, who would probably be followed by the discharged soldiers of Armand's Legion, were on the way from Lancaster to Philadelphia, in spite of the expostulations of their officers, declaring that they would proceed to the seat of Congress and demand justice, and intimating designs against the bank. information was committed to Mr. Hamilton, Mr. Peters, and Mr. Ellsworth, for the purpose of conferring with the executive of Pennsylvania, and taking such measures as they should find necessary. The committee, after so conferring, informed Congress that it was the opinion of the executive that the militia of Philadelphia would probably not be willing to take arms before their resentments should be provoked by some actual outrage; that it would hazard the authority of government to make the attempt; and that it would be necessary to let the soldiers come into the city, if the officers who had gone out to meet thein could not stop them.

At this information Mr. IZARD, Mr. MERCER, and others, being much dis pleased, signified that, if the city would not support Congress, it was high time to remove to some other place. Mr. WILSON remarked, that no part of the United States was better disposed towards Congress than Pennsylvania, where the prevailing sentiment was, that Congress had done every thing that depended on them. After some conversation, and directing General St. Clair (who had gone out of town) to be sent for, and, it appearing that nothing further could be done at present, Congress adjourned. The secretary at war had set out for Virginia yesterday. It was proposed to send for him, but declined, as he had probably gone too great a distance, and General St. Clair, it was supposed, would answer.

FRIDAY, June 20.

The soldiers from Lancaster came into the city under the guidance of sergeants. They professed to have no other object than to obtain a settlement of accounts, which they supposed they had a better chance for at Philadelphia than at Lancaster. See the report of the committee on that subject.

The report of the committee (see the Journal) on the territorial cession of Virginia being taken up, and the amendment on the Journal, proposed by Mr. M'HENRY and Mr. CLARK, being lost, Mr. BEDFORD proposed, that the second condition of the cession be so altered as to read, "that, in order to comply with the said condition, so far as the same is comprised within the resolution of October 10, 1780, on that subject, commissioners, as proposed by the committee, be appointed, &c.," and that instead of "for the purposes mentioned in the said condition," be substituted "agreeably to that resolution." In support of this alteration, it was urged by Mr. M'HENRY, Mr. BEDFORD, and Mr. CLARK, that the terms used by Virginia were too comprehensive and indefinite. In favor of the report of the committee, it was contended, by Mr. ELLSWORTH, that the alteration was unreasonable, inasmuch as civil expenses were on the same footing of equity as military, and that a compromise was the object of the committee. Sundry members were of opinion, that civil expenses were comprised in the resIolution of October 10, 1780. Mr. BLAND and Mr. MERCER acceded to the alteration proposed; Mr. MADISON alone dissented, and therefore did not insist on a call for the votes of the states. Mr. M'HENRY moved, but without being seconded, "that the commissioners, instead of deciding finally, should be authorized to report to Congress only."

In the course of the debate, Mr. CLARK laid before Congress the remonstrance of New Jersey, as entered on the Journal.

As the report had been postponed at the instance of the president and other delegates of New Jersey, in order to obtain this answer from their constituents, and