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floor,) that no impediment to the support of the war could arise from it, since Congress had provided means for that purpose in Europe.

A committee, consisting of Mr. RUTLEDGE, Mr. MADISON and Mr. HAMILTON, was appointed to confer immediately with a committee from the Legislature on the subject of the memorials, and was instructed to make such communications, relative to our affairs abroad, as would correct misinformations. The committee which met them on the part of the Legislature, were Mr. Joseph Montgomery, Mr. Hill and Mr. Jacob Rush.

The Committee of Congress in the conference observed, that the delay of an answer had proceeded in part from the nature of so large an assembly, of which the Committee of the Legislature could not be insensible, but principally from the difficulty of giving a satisfactory one until Rhode Island should accede to the impost of five per cent., of which they had been in constant expectation; that with respect to the prospect from Congress for the public creditors, Congress had required of the States interest for the ensuing year, had accepted the territorial cession of New York, and meant still to pursue the scheme of the impost; that as to their affairs in Europe, the loan of six millions of livres only last year had been procured from France by Dr. Franklin, in place of twelve asked by him, the whole of which had been applied; that the loan of five millions of guilders, opened by Mr. Adams, had advanced to about one and a half million only, and there seemed little progress to have been made of late; that the application for four millions, as part VOL. I.-14*

of the estimate for the ensuing year, was not founded on any previous information in its favor, but against every intimation on the subject, and was dictated entirely by our necessities; so that if even no part of the requisitions from the States should be denied or diverted, the support of the war, the primary object, might be but deficiently provided for; that if this example, which violated the right of appropriation delegated to Congress by the Federal Articles, should be set by Pennsylvania, it would be both followed by other States, and extended to other instances; that, in consequence, our system of administration, and even our bond of union, would be dissolved; that the enemy would take courage from such a prospect, and the war be prolonged, if not the object of it be endangered; that our national credit would fail with other powers, and the loans from abroad, which had been our chief resource, fail with it; that an assumption, by individual States, of the prerogative of paying their own citizens the debts of the United States out of the money required by the latter, was not only a breach of the federal system, but of the faith pledged to the public creditors, since payment was mutually guarantied to each and all of the creditors by each and all of the States; and that, lastly, it was unjust with respect to the States themselves, on whom the burden would fall, not in proportion to their respective abilities, but to the debts due to their respective citizens; and that at least it deserved the consideration of Pennsylvania whether she would not be loser by such an arrangement.

On the side of the other Committee it was answered,

that the measure could not violate the Confederation,

because the requisition had not been founded on a valuation of land; that it would not be the first example, New Hampshire and New York having appropriated money raised under requisitions of Congress; that if the other States did their duty in complying with the demands of Congress, no inconvenience would arise from it; that the discontents of the creditors would prevent the payment of taxes; Mr. Hill finally asking whether it had been considered in Congress, how far delinquent States could be eventually coerced to do justice to those who performed their part? To all which it was replied, that a valuation of land had been manifestly impossible during the war; that the apportionments made had been acquiesced in by Pennsylvania, and therefore the appropriation could not be objected to; that although other States might have set previous examples, these had never come before Congress; and it would be more honorable for Pennsylvania to counteract than to abet them, especially as the example from her weight in the Union, and the residence of Congress would be so powerful, that if other States did their duty the measure would be superfluous; that the discontents of the creditors might always be answered by the equal justice and more pressing necessity which pleaded in favor of the army, who had lent their blood and services to their country, and on whom its defence still rested; that Congress, unwilling to presume a refusal in any of the States to do justice, would not anticipate it by a consideration of the steps which such refusal might require, and that ruin must ensue, if the States

suffered their policy to be swayed by such distrusts. The Committee appeared to be considerably impressed with these remarks, and the Legislature suspended their plan."

THURSDAY, DECEMBER 5TH.

Mr. Lowell and Mr. Read were elected Judges of the Court of Appeals. Mr. P. Smith, of New Jersey, had the vote of that State, and Mr. Merchant, of Rhode Island, the vote of that State.

The resolutions respecting Vermont, moved by Mr. McKEAN on the twenty-seventh day of November, were taken into consideration. They were seconded by Mr. HAMILTON, as entered on the Journal of this day. Previous to the question on the coercive clause, Mr. MADISON observed, that, as the preceding clause was involved in it, and the Federal Articles did not delegate to Congress the authority about to be enforced, it would be proper, in the first place, to amend the recital in the previous clause by inserting the ground on which the authority of Congress had been interposed. Some who voted against this motion in this stage having done so from a doubt as to the point of order, it was revived in a subsequent stage, when that objection did not lie. The objections to the motion itself were urged chiefly by the Delegates from Rhode Island, and with a view in this, as in all other instances, to perplex and protract the business. The objections were-first, that the proposed insertion was not warranted by the act of New Hampshire, which submitted to the judgment

of Congress merely the question of jurisdiction; secondly, that the resolutions of August, 1781, concerning Vermont, having been acceded to by Vermont, annulled all antecedent acts founded on the doubtfulness of its claim to independence. In answer to the first objection the act of New Hampshire was read, which, in the utmost latitude, adopted the resolutions of Congress, which extended expressly to the preservation of peace and order, and prevention of acts of confiscation by one party against another. To the second objection it was answered-first, that the said resolutions of August being conditional, not absolute, the cession of Vermont could not render them definitive; but secondly, that prior to this accession, Vermont having, in due form, rejected the resolutions, and notified the rejection to Congress, the accession could be of no avail, unless subsequently admitted by Congress; thirdly, that this doctrine had been maintained by Vermont itself, which had declared, that, inasmuch as the resolutions of August did not correspond with their overtures previously made to Congress, these had ceased to be obligatory; which act, it was to be observed, was merely declaratory, not creative, of the annulment.

The original motion of Mr. McKEAN and Mr. HAMILTON was agreed to, seven States voting for it, Rhode Island and New Jersey in the negative...

FRIDAY, DECEMBER 6TH.

An ordinance, extending the privilege of franking letters to the Heads of all the Departments, was

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