structed to examine all such claims, and report to Congress such of them as shall be supported by satisfactory proofs, distinguishing, in their reports, the objects and measures in which the expenses shall have been incurred; provided, that no balances, which may be found due under this regulation, or the resolutions of the day of shall be deducted out of the preceding revenues; but shall be discharged by separate requisitions to be made on the States for that purpose."

In support of this proposition it was argued, that, in a general provision for public debts and public tranquillity, satisfactory measures ought to be taken on a point which many of the States had so much at heart, and which they would not separate from the other matters proposed by Congress; that the nature of the business was unfit for the decision of Congress, who brought with them the spirit of advocates rather than of judges, and, besides, it required more time than could be spared for it.

On the opposite side, some contended, that the accounts between the United States and particular States should not be made in any manner to encumber those between the former and private persons. Others thought that Congress could not delegate to commissioners a power of allowing claims for which the Confederation required nine States. Others were unwilling to open so wide a door for claims on the common treasury.

On the question, Massachusetts, divided; Connecticut, aye; Rhode Island, no; New York, no; New Jersey, no; Pennsylvania, no; Maryland, no; Virginia, aye; North Carolina, no; South Carolina, no.

FRIDAY, APRIL 18TH.

Application was made from the Council of Pennsylvania for the determination of Congress as to the effect of the acts terminating hostilities, on acts to be enforced during the war. Congress declined giving any opinion.

The motion of Mr. BLAND for striking out the recommendation to the States which had agreed to cede territory, to revise and complete their cessions, raised a long debate. In favor of the motion, it was urged, by Mr. RUTLEDGE, that the proposed cession of Virginia ought to be previously considered and disallowed; that otherwise a renewal of the recommendation would be offensive; that it was possible the cession might be accepted, in which case the renewal would be improper. Virginia, he observed, alone could be alluded to as having complied in part only.

Mr. WILSON went largely into the subject. He said, if the investigation of right was to be considered, the United States ought rather to make cessions to individual States than receive cessions from them, the extent of the territory ceded by the treaty being larger than all the States put together; that when the claims of the States came to be limited on principles of right, the Alleghany mountains would appear to be the true boundary; this could be established, without difficulty, before any court, or the tribunal of the world. He thought, however, policy required that such a boundary should be established as would give to the Atlantic States access to the

Western waters. If accommodation was the object, the clause ought, by no means, to be struck out. The cession of Virginia would never be accepted, because it guarantied to her the country as far as the Ohio, which never belonged to Virginia. (Here he was called to order by Mr. JONES.) The question, he said, must be decided. The indecision of Congress had been hurtful to the interests of the United States. If the compliance of Virginia was to be sought, she ought to be urged to comply fully.

For the vote in the affirmative, with the exception of Virginia and South Carolina, see Journal.

The plan of revenue was then passed as it had been amended, all the States present concurring except Rhode Island, which was in the negative, and New York, which was divided: Mr. FLOYD, aye, and Mr. HAMILTON, no.

73

MONDAY, APRIL 21ST

A motion was made by Mr. HAMILTON, seconded by Mr. MADISON, to annex, to the plan of the eighteenth instant, the part omitted, relating to expenses incurred by individual States. On the question, New York, Pennsylvania, and Virginia alone were in the affirmative; Connecticut and Georgia not present.

See Journal.

VOL. I

TUESDAY, APRIL 22ND.

57

WEDNESDAY, APRIL 23RD.

The resolution permitting the soldiers to retain their arms was passed at the recommendation of General Washington. (See his letter on the files.)

The resolution for granting furloughs or discharges: was a compromise between those who wished to get rid of the expense of keeping the men in the field, and those who thought it impolitic to disband the army whilst the British remained in the United States.74

THURSDAY, APRIL 24TH, and FRIDAY, APRIL 25TH.

See Journal.

SATURDAY, APRIL 26TH.

*Address to the States passed nem. con. It was drawn up by Mr. MADISON. The address to Rhode Island, referred to as No. 2, had been drawn up by Mr. HAMILTON.75

The writer of these notes absent till

MONDAY, MAY 5TH.

Mr. BLAND and Mr. MERCER moved to erase from the Journal the resolution of Friday, the second

* See Appendix No. 2.

!

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 the fourteenth, 1782. As the resolution of the second 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.76

TUESDAY, MAY 6TH.

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."

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. RULEDGE, Mr. HELMSLEY, and Mr. MADISON.