communication of the extract in question would answer such a purpose, it was improper for Congress to oppose it. On a question the motion was negatived, Congress being much divided thereon. Several of those who were in the negative, were willing that the Delegates of S. Carolina sha be licensed to transmit to their State what related to the Refugees, omitting what related to British debts and invited Mr. Rutledge to renew his motion in that qualified form. Others suggested the propriety of his contradicting the misrepresentations in general without referring to any official information rec" by Congress. Mr. R. said he wa think further on the subject, and desired that it might lie over.

FRIDAY, JANY 17TH.

The Comite on the motion of Mr. Peters of the [thirteenth] day of [January] relative to a further application for foreign loans, reported that they had conferred with the Superintend of Finance, & concurred in opinion with him, that the applications already on foot were as great as could be made prudently, until proper funds should be established. The latent view of this report was to strengthen the argt in fav! of such funds, and the report it was agreed should lie on the table to be considered along with the report which might be made on the memorial from the army, & which we involve the same subject.

The report thanking Gen! Greene for his services was agreed to without opposition or observation. Several however thought it badly composed, and that some notice ought to have been taken of Maj: Burnet Aid to G! G., who was the bearer of the letter announcing the evacuation of Charlestown.

Mr. Webster & Mr. Judd agents for the deranged officers of the Massachusetts and Cont lines were heard by the G Committee in fav of their Constituents. The sum of their representations was that the s officers were equally distressed for, entitled to, and in expectation of provision for fulfilling the rewards stipulated to them, as officers retained in service.

See Journals.

FROM FRIDAY 17 TO TUESDAY 21.

A letter from Mr. Adams, of 8th day of October 1782 containing prophetic observations relative to the expedition of La Howe for the relief of Gibraltar & its consequences &c &c., excited &c &c.

Another letter from do, relative to y Treaty of Amity & Commerce & y Convention with the States Gen! concerning vessels recaptured, copies of which accompanied the letter. These papers were committed to Mr. Madison Mr. Hamilton & Mr. Ellsworth.

WEDNESDAY JANUARY 22.

Congress adjourned to give the Com: on the Treaty and Convention time to prepare a report thereon.

THURSDAY JANUARY 23.

The Report of the Com: last mentioned consisting of a state of the variations in the Treaty of Amity & Commerce with the States General from the plan proposed by Congress, of a form of ratification of the s Treaty & of the Convention, & of a proclamation comprehending both was accepted and passed; the variations excepted wch were not meant to be entered on the journals. Both the Committee & Congress were exceedingly chagrined at the extreme incorrectness of the American copies of these national acts, and it was privately talked of as necessary to admonish Mr. Adams thereof, & direct him to procure with the concurrence of the other party a more correct & perspicuous copy. The Report of the Com: as agreed to have left a blank in the act of ratification for the insertion of the Treaty & Convention, & these being contained both in the Dutch & American languages the former column signed by the Dutch Plenipo: only & the latter by Mr. Adams only, the Secy asked the direction of Congress whether both columns or the American only ought to be inserted. On this point several observations were made and different opinions expressed. In general the members seemed to disapprove of y: mode used and wa h: preferred y: use of a neutral language. As to the request of the Sec, Mr. Wilson was of opinion that the American columns only s be inserted. Several others concurred in this opinion; supposing that as Mr. Adams had only signed those columns, our ratifications ought to be limited to them. Those who were of a different opinion, considered the two parts as inseparable & as forming one whole, & consequently that both ought to be inserted. The case being a new one to Congress, it was proposed & admitted that the insertion might be suspended till the next day, by which time some authorities might be consulted on the subject.

A com, consisting of Mr. Madison, Mr. Mifflin & Mr. Williamson reported in consequence of a motion of Mr. Bland, a list of books proper for the use of Congress, and proposed that the Sect should be instructed to procure the same. In fav of the Rep! it was urged as indispensable that Congress sha have at all times at comand such authors on the law of Nations, treaties, Negotiations &c as we render their proceedings in such cases conformable to propriety; and it was

observed that the want of this information was manifest in several important acts of Congress. It was further observed that no time ought to be lost in collecting every book & tract which related to American antiquities & the affairs of the U. S., since many of the most valuable of these were every day becoming extinct, & they were necessary not only as materials for a Hist: of the U. S., but might be rendered still more so by future pretensions agst their rights from Spain or other powers which had shared in the discoveries & possessions of the New World. Agst the Report were urged 1o the inconveniency of advancing even a few hundred pounds at this crisis; 2a, the difference of expence between procuring the books during the war & after a peace. These objections prevailed, by a considerable majority. A motion was then made by Mr. Wilson, 2ded by Mr. Madison, to confine the purchase for the present to the most essential part of the books. This also was negatived.

FRIDAY JANY 24TH.

Some days prior to this sundry papers had been laid before Congress by the War office, shewing that a Cargo of supplies which had arrived at Wilmington for the British and German Prisoners of War under a passport from the Commander in chief and which were thence proceeding by land to their destination, had been seized by sundry persons in Chester County under a law of Penns, which required in such cases a license from the Executive authority, who exposed to confiscation all Articles not necessary for the prisoners, & referra the question of necessity to the judgment of its own Magistrates. Congress unanimously considered the violation of the passport issued under y Authority as an encroachment on their constitutional & essential rights; but being disposed to get over the difficulty as gently as possible appointed a Com, consisting of Mr. Rutledge, Mr. Wolcot & Mr. Madison, to confer with the Executive of P on the subject. In the first conference the Executive represented to the Committee the concern they felt at the incident, their disposition to respect & support the dignity and rights of the federal Sovereignty; and the embarrassments in which they were involved by a recent & express law of the State to which they were bound to conform. The Com observed to them that the power of granting passports for the purpose in question being inseparable from the general power of war delegated to Congress, & being essential for conducting the war, it could not be expected that Congress w acquiesce in any infractions upon it; but that as P had concurred in the alienation of this power

to Congress, any law whatever contravening this was necessarily void, and c2 impose no obligation on the Executive. The latter requested further time for a consideration of the case & laid it before the Legislature then sitting; in consequence of which a Com of their body was app, jointly with the Executive to confer with the Committee of Congress. In this 24 conference the first remarks made by the Com: of Congress were repeated. The Com: of the Legislature expressed an unwillingness to entrench on the jurisdiction of Congress, but some of them seemed not to be fully satisfied that the law of the State did so. Mr. Montgomery lately a member of Congress observed that altho' the general power of war was given to Congress yet that the mode of exercising that power might be regulated by the States in any manner which w not frustrate the power, & which their policy might require. To this it was answered that if Congress had the power at all, it could not either by the Articles of Confederation or the reason of things admit of such a controuling power in each of the States, and that to admit such a construction w be a virtual surrender to the States of their whole federal power relative to war, the most essential of all the powers delegated to Congress. The Com of the Legis represented as the great difficulty with them, that even a repeal of the law w not remedy the case without a retrospective law which their Constitution w not admit of, & expressed an earnest desire that some accommodating plan might be hit upon. They proposed in order to induce the Seizors to waive their appeal to the law of the State, that Congress we allow them to app! one of two persons who s have authority to examine into the supplies and decide whether they comprehended any articles that were not warranted by the passport. The Com: of Congress answered that whatever obstacles might lie in the way of redress by the Legislature if no redress proceeded from them, equal difficulties we lie on the other side, since Congress in case of a confiscation of the supplies under the law which the omission of some formalities req? by it we probably produce, would be obliged by honor and good faith to indemnify the Enemy for their loss out of the common treasury; that the other States we probably demand a reimbursement to the U. S. from P, & that it was impossible to say to what extremity the affair might be carried. They observed to the Com: of the Legre and the Executive, that Congress altho' disposed to make all allowances, and particularly in the case of a law passed for a purpose recomended by themselves, yet they c not condescend to any expedient which in any manner departed from the respect weh they owed to themselves

and to the Articles of Union. The Com: of Congress however suggested that as the only expedient woh wd get rid of the clashing of the Power of Congress and the law of the State, w be the dissuading the Seizors from their appeal to the latter, it was probable that if the Seizors we apply to Congress for Redress that such steps w [be] taken as we be satisfactory. This hint was embraced & both the Executive & the Com: of the Legre promised to use their influence with the persons of most influence among the Seizors for that purpose. In consequence thereof a memorial from (see Journal) was sent in to Congress, comited to the same Com: of Congress, and their report of this day agreed to in woh the Presid of P is requested to appt one of the referees. It is proper to observe that this business was conducted with great temper & harmony, & that Presid: Dickinson, in particul, manifested throughout the course of it as great a desire to save the rights & dignity of Congress as those of the State over which he presided. As a few of the Seizors only were parties to the Memorial to Congress, it is still uncertain whether others may not adhere to their claims under the law in wch case all the embarrassments will be revived.

In a late report which had been drawn up by Mr. Hamilton, and made to Congress, in answ! to a Memorial from the Legislature of P2, (see ) among other things shewing the impossibility Congress had been under of pays their Creditors it was observed that the aid afforded by the C of France had been appropriated by that Court at the time to the immediate use of the army. This clause was objected to as unnecessary, & as dishonorable to Congress. The fact also was controverted. Mr. Hamilton & Mr. Fitzsimmons justified the expediency of retains it, in order to justify Congress the more completely in failing in their engagements to the public Creditors. Mr. Wilson & Mr. Madison proposed to strike out the words appropriated by France, & substitute the words applied by Congress to the immediate and necessary support of the army. This proposition wa have been readily approved had it not appeared on examination that in one or two small instances, & particularly in the paymt of the balance due to A. Lee, Esq, other applications had been made of the aid in question. The Report was finally recommitted.

A letter from the Superin of Finance was received and read, acquainting Congress that as the danger from the Enemy which led him into the Dept was disappearing & he saw little prospect of provision being made without which injustice w take place of which he wo never be the Minister, he proposed not to serve longer than may