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"A motion was made by Mr. RUTLEDGE, declaring that when a matter was referred to any of the departments to take order, it was the sense and meaning of Congress that the same should be carried into execution." On this motion some argued that such reference amounted to an absolute injunction; others insisted that it gave authority, but did not absolutely exclude discretion in the Executive departments. The explanation that was finally acquiesced in as most rational and conformable to practice, was, that it not only gave authority, but expressed the sense of Congress that the measure ought to be executed: leaving it so far, however, in the discretion of the Executive Department, as that, in case it differed in opinion from Congress, it might suspend execution, and state the objections to Congress, that their final direction might be given. In the course of debate it was observed, by Mr. MADISON, that the practice of referring matters to take order, especially where money was to be issued, was extremely exceptionable, inasmuch as no entry of such proceedings was made on the Journals, but only noted in a memorandum book kept by the Secretary, and then sent to the Department, with the reference to take order endorsed by the Secretary, but not signed by him; so that the transaction, even where public in its nature, never came before the public eye, and the Department was left with a precarious voucher for its justification. The motion was, in the end, withdrawn; the mover alleging that, as he only aimed at rendering an uncertain point clear, and this had been brought about by a satisfactory explanation, he did not wish for any resolution on the subject.

WEDNESDAY, NOVEMBER 13TH.

No Congress.

THURSDAY, NOVEMBER 14TH.

The proceedings were confined to the Report of the Committee on the case of Vermont, entered on the Journal. As it was notorious that Vermont had uniformly disregarded the recommendation of Congress of 1779, the Report, which ascribed the evils prevalent in that district to a late act of New York, which violated that recommendation, was generally admitted to be unjust and unfair. Mr. HOWELL was the only member who openly supported it. The Delegates from New York denied the fact that any violation had been committed on the part of that State. The temper of Congress, on this occasion, as the yeas and nays show, was less favorable to Vermont than on any preceding one,-the effect probably of the territorial cession of New York to the United States. In the course of the debate, Mr. HOWELL cited the case of Kentucky as somewhat parallel to that of Vermont; said that the late creation of a separate court by Virginia for the former, resembled the issuing of commissions by New York to the latter; that the jurisdiction would probably be equally resisted, and the same violences would follow as in Vermont. He was called to order by Mr. MADISON. The President and the plurality of Congress supported and enforced the call.

No Congress till

MONDAY, 18TH, AND TUESDAY 19TH, NOVEMBER.

The Journals sufficiently explain the proceedings of those days.

WEDNESDAY, NOVEMBER 20TH.

Congress went into consideration of the Report of a Committee, consisting of Mr. CARROLL, Mr. MCKEAN, and Mr. Howell, on two memorials from the Legislature of Pennsylvania. The memorials imported a disposition to provide for the creditors of the United States within the State of Pennsylvania, out of the revenues allotted for Congress, unless such provision could be made by Congress. The Report, as an answer to the memorials, acknowledged the merit of the public creditors, professed the wishes of Congress to do them justice; referring, at the same time, to their recommendation of the impost of five per cent., which had not been acceded to by all the States; to the requisition of one million two hundred thousand dollars, for the payment of one year's interest on the public debt, and to their acceptance of the territorial cession made by New York. After some general conversation, in which the necessity of the impost, as the only fund on which loans could be expected, and the necessity of loans to supply the enormous deficiency of taxes, were urged, as also the fatal tendency of the plan intimated in the memorials, as well to the Union itself as to the system

actually adopted by Congress, the Report was committed..

A motion was made by Mr. RUTLEDGE, seconded by Mr. WILLIAMSON, to instruct the Committee to report the best mode of liquidating the domestic debts, and of obtaining a valuation of the land within the several States, as the Article of Confederation directs. The first part of the instruction was negatived, provision having been previously made on that head. In place of it the Superintendent of Finance was instructed to report the causes which impede that provision. The second part was withdrawn by the mover. A committee, however, was afterwards appointed, consisting of Mr. RUTLEDGE, Mr. NASH, Mr. DUANE, Mr. OSGOOD, and Mr. MADISON, to report the best scheme for a valuation.

THURSDAY, NOVEMBER 21ST.

A report was made by a committee to whom had been referred several previous reports and propositions relative to the salaries of foreign Ministers, delivering it as the opinion of the Committee, that the salaries allowed to Ministers Plenipotentiary, to wit, two thousand five hundred pounds sterling, would not admit of reduction; but that the salary allowed to Secretaries of Legations, to wit, one thousand pounds sterling, ought to be reduced to five hundred pounds. This Committee consisted of Mr. DUANE, Mr. IZARD, and Mr. MADISON, the last of whom disagreed to the opinion of his colleagues as to the reduction of the two thousand five hundred pounds allowed to Ministers Plenipotentiary.

Against a reduction it was argued that not only justice, but the dignity of the United States, required a liberal allowance to foreign servants; that gentlemen who had experienced the expense of living in Europe did not think that a less sum would be sufficient for a decent style; and that, in the instance of Mr. Arthur Lee, the expenses claimed by him and allowed by Congress exceeded the fixed salary in question.

In favor of a reduction were urged, the poverty of the United States, the simplicity of republican governments, the inconsistency of splendid allowances to Ministers, whose chief duty lay in displaying the wants of their constituents, and soliciting a supply of them; and, above all, the policy of reconciling the army to the economical arrangements imposed on them, by extending the reform to every other department.

The result of this discussion was a reference of the Report to another committee, consisting of Mr. WILLIAMSON, Mr. OSGOOD and Mr. CARROLL.

A motion was made by Mr. HOWELL, Seconded by Mr. ARNOLD, recommending to the several States to settle with and satisfy, at the charge of the United States, all such temporary corps as had been raised by them respectively, with the approbation of Congress. The repugnance which appeared in Congress to go into so extensive and important a measure at this time, led the mover to withdraw it.

A motion was made by Mr. MADISON, seconded by Mr. JONES, "That the Secretary of Foreign Affairs be authorized to communicate to Foreign Ministers, who may reside near Congress, all such articles of VOL. I.-13*

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