Debates in the Several State Conventions/Volume 5/Congress Dec. 1782
No Congress until
The secretary of foreign affairs resigned his office, assigning as a reason the increase of business in his office of chancellor of New York, whereby it was become impossible for him to execute the duties of both; informing Congress, at the same time, as a rule for providing for his successor, that his expenses exceeded his salary upwards of three thousand dollars per annum. The letter of resignation was committed to Mr. M'Kean and Mr. Osgood.
After a verbal report of the committee above mentioned, who acquainted Congress that in conference with Mr. Livingston, he professed a willingness to remain in office till the 1st of January, to give time for the choice of a successor, Mr. M'KEAN proposed the resolution which stands on the secret Journals; several alterations having been made, however, in the course of its consideration. With respect to the preamble, particularly, a change took place. As it was first moved, it recited, as the ground of the resignation, the incompatibility of the office of foreign affairs with the chancellorship of New York. To this recital it was objected, by Mr. MADISON, that such a publication of preference of the office of chancellor of a particular state to the office of foreign affairs under the United States, tended to degrade the latter. Whereupon, the preamble on the Journal was substituted. In the course of this business, the expediency of augmenting the salary was suggested, but not much supported. Mr. HOWELL and Mr. CLARK opposed it strenuously.
The report of the committee on the case of Vermont, mentioned on Thursday, the J4th of November, was called for by Mr. M'KEAN, and postponed, on his motion, to make way for a set of resolutions, declaring that, as Vermont, in contempt of the authority of Congress and their recommendations of 1799, exercised jurisdiction over sundry persons professing allegiance to the state of New York, banishing them and stripping them of their possessions, the former be required to make restitution, &c.; and that, in case of refusal or neglect. Congress will enforce the same, &c. A motion was made by Mr. CLARK, seconded by Mr. HOWELL, to strike out the latter clause; in favor of which it was said, that such a menace ought to be suspended until Vermont should refuse to comply with the requisition; especially, said Mr. Howell, as the present proceeding, being at the instance of Phelps and other exiles, was an ex parte one.
Against the motion for expunging the clause, it was observed, that a requisition on Vermont without such a menace would have no effect; that if Congress interposed, they ought to do it with a decisive tone; that as it only enforced restitution in cases where spoliations had been committed, and therefore was conditional, the circumstance of its being ex parte was of no weight, especially as Congress could not call on Vermont to appear as a party after her repeated protestations against appearing.
On this occasion, Mr. CARROLL informed Congress, that he had entirely changed his opinion with regard to the policy requisite with regard to Vermont, being thoroughly persuaded that its leaders were perfidious men, and that the interest of the United States required their pretensions to be discountenanced; that in this opinion he was not a little confirmed by a late conversation with General Whipple, of New Hampshire, at Trenton, in which this gentleman assured him, that the governing party in Vermont were perfidiously devoted to the British interests, and that he had reason to believe that a British commission for a governor of that district had come over, and was ready to be produced at a convenient season. Some of the members having gone out of Congress, and it being uncertain whether there would be more than six states for the clause, an adjournment was moved for and voted.
The proceedings on this subject evinced still more the conciliating effect of the territorial cession of New York, on several states, and the effect of the scheme of an ultra-montane state, within Pennsylvania, on the latter state. The only states in Congress which stood by Vermont were Rhode Island (which is supposed to be interested in lands in Vermont) and New Jersey, whose delegates were under instructions on the subject.5
After the passing of the resolution concerning Captain Paul Jones, a motion was made by Mr. MADISON to reconsider the same, that it might be referred to the agent of marine to take order, as a better mode of answering the same purpose; since it did not become the sovereign body to give public sanction to a recommendation of Captain Jones to the commander of the French squadron, especially as there was no written evidence that the latter had signified a disposition to concur in the project of Captain Jones. The motion was lost; a few states only being in favor of it.
The reason assigned by those who voted against the promotion of colonels to brigadiers, according to districts, was, that such a division of the United States tends to foster local ideas, and might lead to a dismemberment.
The delegates from Pennsylvania reminded Congress that no answer had been given to the memorials (see November 20) from that state; that the legislature were proceeding in the measure intimated in the said memorials, and that they meant to finish it and adjourn this evening. The reasons mentioned by the delegates as prevailing with the legislature, were—first, the delay of Congress to give an answer, which was deemed disrespectful; secondly, the little chance of any funds being provided by Congress for their internal debts; thirdly, the assurance (given by one of their members, Mr. Joseph Montgomery, mentioned privately, not on the 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 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.6
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. M'KEAN on the 27th 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. M'KEAN and Mr. HAMILTON was agreed to, seven states voting for it, Rhode Island and New Jersey in the negative.
An ordinance, extending the privilege of franking letters to the heads of all the departments, was reported and taken up. Various ideas were thrown out on the subject at large; some contending for the extension proposed; some for a total abolition of the privilege, as well in members of Congress as in others; some for a limitation of the privilege to a definite number or weight of letters. Those who contended for a total abolition, represented the privilege as productive of abuses, as reducing the profits so low as to prevent the extension of the establishment throughout the United States, and as throwing the whole burden of the establishment on the mercantile intercourse. On the other side it was contended, that, in case of an abolition, the delegates, or their constituents, would be taxed just in proportion to their distance from the seat of Congress; which was neither just nor politic, considering the many other disadvantages which were inseparable from that distance; that as the correspondence of the delegates was the principal channel through which a general knowledge of public affairs was diffused, any abridgment of it would so far confine this advantage to the states within the neighborhood of Congress; and that, as the correspondence at present, however voluminous, did not exclude from the mail any private letters which would be subject to postage, and if postage was extended to letters now franked, the number and size of them would be essentially reduced, the revenue was not affected in the manner represented. The ordinance was disagreed to, and the subject recommitted, with instruction to the committee, giving them ample latitude for such report, as they should think fit.
A Boston newspaper, containing, under the Providence head, an extract of a letter purporting to be written by a gentleman in Philadelphia, and misrepresenting the state of our loans, as well aa betraying the secret proposal of the Swedish court to enter into a treaty with the United States, with the view of disproving to the people of Rhode Island the necessity of the impost of five per cent., had been handed about for several days. From the style and other circumstances, it carried strongly the appearance of being written by a member of Congress. The unanimous suspicions were fixed on Mr. Howell. The mischievous tendency of such publications and the necessity of the interposition of Congress, were also general subjects of conversation. It was imagined, too, that a detection of the person suspected would destroy in his state that influence which he exerted in misleading its counsels with respect to the impost. These circumstances led Mr. WILLIAMSON to move the following proposition on this subject:
"Whereas there is reason to suspect, that as well the national character of the United States, and the honor of Congress, as the finances of the said states; may be injured, and the public service greatly retarded, by some publications that have been made concerning the foreign affairs of said states,—Resolved, That a committee be appointed to inquire into this subject, and report what steps they conceive are necessary to be taken thereon."
It was opposed by no one.
Mr. CLARK, supposing it to be levelled in part at him, rose and informed Congress, that, not considering the article relative to Sweden as secret in its nature, and considering himself at liberty to make any communications to his constituents, he had disclosed it to the assembly of New Jersey. He was told that the motion was not aimed at him, but the doctrine advanced by him was utterly inadmissible. Mr. RUTLEDGE observed, that, after this frankness on the part of Mr. Clark, as well as from the respect due from every member to Congress, and to himself, it might be concluded, that, if no member present should own the letter in question, no member present was the author of it. Mr. Howell was evidently perturbated, but remained silent.
The conference with the committee of the legislature of Pennsylvania, with subsequent information, had rendered it very evident that, unless some effectual measures were taken against separate appropriations, and in favor of the public creditors, the legislature of that state, at its next meeting, would resume the plan which they had suspended.
Mr. RUTLEDGE, in pursuance of this conviction, moved that the superintendent of finance be instructed to represent to the several states the mischiefs which such appropriations would produce. It was observed, with respect to this motion, that, however proper it might be as one expedient, it was, of itself, inadequate; that nothing but a permanent fund for discharging the debts of the public would divert the states from making provision for their own citizens; that a renewal of the call on Rhode Island for the impost ought to accompany the motion; that such a combination of these plans would mutually give efficacy to them, since Rhode Island would be solicitous to prevent separate appropriations, and the other states would be soothed with the hope of the impost. These observations gave rise to the motion of Mr. HAMILTON,—
"That the superintendent of finance be, and he is hereby, directed to represent to the legislatures of the several states the indispensable necessity for their complying with the requisitions of Congress for raising one million two hundred thousand dollars, for paying one year's interest of the domestic debt of the United States, and two millions of dollars towards defraying the expenses of the estimate for the ensuing year, and the inconveniences, embarrassments, and injuries to the public service, which will arise from the states' individually making appropriations of any part of the said two millions of dollars, or any other moneys required by the United States in Congress assembled; assuring them withal, that Congress are determined to make the fullest justice to the public creditors an invariable object of their counsels and exertions; that a deputation be sent to the state of Rhode Island, for the purpose of making a full and just representation of the public affairs of the United States, and of urging the absolute necessity of a compliance with the resolution of Congress of the 3d day of February, 1781, respecting the duty on imports and prizes, as a measure essential to the safety and reputation of these states."
Against Mr. Rutledge's part of the motion no objection was made; but the sending a deputation to Rhode Island was a subject of considerable debate, in which the necessity of the impost—in order to prevent separate appropriations by the states, to do equal justice to the public creditors, to maintain our national character and credit abroad, to obtain the loans essential for supplying the deficiencies of revenue, to prevent the encouragement which a failure of the scheme would give the enemy to persevere in the war—was fully set forth. The objections, except those which came against the scheme itself from the delegates of Rhode Island, were drawn from the unreasonableness of the proposition. Congress ought, it was said, to wait for an official answer to their demand of an explicit answer from Rhode Island, before they could, with propriety, repeat their exhortations. To which it was replied, that, although this objection might have some weight, yet the urgency of our situation, and the chance of giving a favorable turn to the negotiations on foot for peace, rendered it of little comparative significance. The objections were finally retracted, and both the propositions agreed to. The deputation elected were Mr. Osgood, Mr. Mifflin, and Mr. Nash, taken from different parts of the United States, and each from states that had fully adopted the impost, and would be represented without them, except Mr. Osgood, whose state, he being alone, was not represented without him.
No Congress.
The grand committee met again on the business of the old paper emissions, and agreed to the plan reported by the sub-committee in pursuance of Mr. FITZSIMMONS'S motion, viz., that the outstanding bills should be taken up, and certificates issued in place thereof at the rate of one real dollar for ——— nominal ones, and that the surpluses redeemed by particular states should be credited to them at the same rate. Mr. CARROLL alone dissented to the plan, alleging that a law of Maryland was adverse to it, which he considered as equipollent to an instruction. For filling up the blank, several rates were proposed. First, one for forty—on which the votes were, no, except Mr. Howell. Second, one for seventy-five—no; Mr. White and Mr. Howell, ay. Third, one for one hundred—no; Mr. Hamilton and Mr. Fitzsimmons, ay. Fourth, one for one hundred and fifty—no; Mr. Fitzsimmons, ay. The reasons urged in favor of one for forty were—first, an adherence to public faith; secondly, that the depreciation of the certificates would reduce the rate sufficiently low, they being now negotiated at the rate of three or four for one. The reason for one for seventy-five was—that the bills passed at that rate when they were called in, in the Eastern States; for one for one hundred—that, as popular ideas were opposed to the stipulated rate, and as adopting the current rate might hurt the credit of other securities, which derived their value from an opinion that they would be strictly redeemed, it was best to take an arbitrary rate, leaning to the side of liberality; for one for one hundred and fifty—that this was the medium depreciation when the circulation ceased. The opposition to these several rates came from the southern delegates, in some of whose states none, in others but little, had been redeemed, and in all of which the depreciation had been much greater. On this side it was observed, by Mr. MADISON, that the states which had redeemed a surplus, or even their quotas, had not done it within the period fixed by Congress, but in the last stages of depreciation, and in a great degree even after the money had ceased to circulate; that, since the supposed cessation, the money had generally changed hands at a value far below any rate that had been named; that the principle established by the plan of the 18th of March, 1780, with respect to the money in question, was, that the holder of it should receive the value at which It was current, and at which it was presumed he had received it; that a different rule, adopted with regard to the same money in different stages of its downfall, would give general dissatisfaction. The committee adjourned without coming to any decision.
No Congress.
A motion was made by Mr. RAMSAY, directing the secretary of war, who was about to visit his family in Massachusetts, to take Vermont in his way, and deliver the resolutions passed a few days since to Mr. Chittenden. For the motion, it was urged that it would insure the delivery, would have a conciliating effect, and would be the means of obtaining true and certain knowledge of the disposition and views of that people. On the opposite side, it was exclaimed against as a degradation of so high a servant of the United States, as exposing him to the temerity of leaders who were, on good ground, suspected of being hostile to the United States, and as treating their pretensions to sovereignty with greater complaisance than was consistent with the eventual resolutions of Congress. The motion was rejected.
A motion was made by Mr. GILMAN, that a day be assigned for determining finally the affair of Vermont The opposition made to the motion itself by Rhode Island, and the disagreement as to the day among the friends of the motion, presented a decision, and it was suffered to lie over.
For the letter of the superintendent of finance to Thomas Barclay, commissioner for settling accounts in Europe, agreed to by Congress, see Secret Journal of this date.
The secretary of war was authorized to permit the British prisoners to hire themselves out, on condition of a bond from the hirers for their return. The measure was not opposed, but was acquiesced in, by some, only as conformable to antecedent principles established by Congress on this subject. Colonel Hamilton, in particular made this explanation.
Mr. WILSON made a motion, referring the transmission of the resolutions concerning Vermont to the secretary of war in such words as left him an option of being the bearer, without the avowed sanction of Congress. The votes of Virginia and New York negatived it. The president informed Congress, that he should send the resolutions to the commander-in-chief to be forwarded.
The report made by Mr. Williamson, Mr. Carroll, and Mr. Madison, touching the publication in the Boston paper, supposed to be written by Mr. Howell, passed with the concurrence of Rhode Island; Mr. Howell hesitating, and finally beckoning to his colleague, Mr. Collins, who answered for the state in the affirmative. As the report stood, the executive of Massachusetts, as well as of Rhode Island, was to be written to, the Gazette being printed at Boston. On the motion of Mr. OSGOOD, who had seen the original publication in the Providence Gazette, and apprehended a constructive imputation on the Massachusetts delegates by such as would be ignorant of the circumstances, the executive of Massachusetts was expunged.
Mr. HOWELL verbally acknowledged himself to be the writer of the letter from which the extract was published in the Providence Gazette. At his instance, the subject was postponed until Monday.
No Congress.
The answer to the objections of Rhode Island as to the impost, penned by Mr. Howell, passed without opposition, eight states being present, of which Rhode Island was one, a few trivial alterations only being made in the course of discussion.
Mr. Howell, contrary to expectation, was entirely silent as to his affair.
Mr. CARROLL, in order to bring on the affair of Mr. Howell, moved that the secretary of foreign affairs be instructed not to write to the government of Rhode Island on the subject. The state in which such a vote would leave the business, unless the reason of it was expressed, being not adverted to by some, and others being unwilling to move in the case, this motion was incautiously suffered to pass. The effect of it, however, was soon observed, and a motion in consequence made by Mr. HAMILTON, to subjoin the words, "Mr. Howell having in his place confessed himself to be the author of the publication." Mr. RAMSAY, thinking such a stigma on Mr. Howell unnecessary, and tending to place him in the light of a persecuted man, whereby his opposition to the impost might have more weight in his state, proposed to substitute, as the reason, "Congress having received the information desired on that subject." The yeas and nays being called for by Mr. HAMILTON, Mr. Howell grew very uneasy at the prospect of his name being thereby brought on the Journals, and requested that the subject might be suspended until the day following. This was agreed to, and took place on condition that the negatived counter-direction to the secretary of foreign affairs should be reconsidered, and lie over also.
This day was chiefly spent on the case of Mr. Howell, whose behavior was extremely offensive, and led to a determined opposition to him those who were most inclined to spare his reputation. If the affair could have been closed without an insertion of his name on the Journal, he seemed willing to withdraw his protest; but the impropriety which appeared to some, and particularly to Mr. Hamilton, in suppressing the name of the author of a piece which Congress had so emphatically reprobated, when the author was found to be a member of Congress, prevented a relaxation as to the yeas and nays. Mr. HOWELL, therefore, as his name was necessarily to appear on the Journal, adhered to the motion which inserted his protest thereon. (See the Journal.) The indecency of this paper, and the pertinacity of Mr. Howell in adhering to his assertions with respect to the non-failure of any application for foreign loans, excited great and (excepting his colleagues, or rather Mr. Arnold) universal indignation and astonishment in Congress; and he was repeatedly premonished of the certain ruin in which he would thereby involve his character and consequence, and of the necessity which Congress would be laid under of vindicating themselves by some act which would expose and condemn him to all the world.
See Journals.
A motion was made by Mr. HAMILTON for revising the requisitions of the preceding and present years, in order to reduce them more within the faculties of the states. In support of the motion, it was urged that the exorbitancy of the demands produced a despair of fulfilling them, which benumbed the efforts for that purpose. On the other side, it was alleged that a relaxation of the demand would be followed by a relaxation of the efforts; that unless other resources were substituted, either the states would be deluded, by such a measure, into false expectations, or, in case the truth should be disclosed to prevent that effect, that the enemy would be encouraged to persevere in the war against us. The motion meeting with little patronage, it was withdrawn.
The report of the committee on the motion of Mr. Hamilton proposed that the secretary of Congress should transmit to the executive of Rhode Island the several acts of Congress, with a state of foreign loans. The object of the committee was, that, in case Rhode Island should abet, or not resent, the misconduct of their representative, as would most likely be the event. Congress should commit themselves as little as possible in the mode of referring it to that state. When the report came under consideration, it was observed that the president had always transmitted acts of Congress to the executives of the states, and that such a change, on the present occasion, might afford a pretext, if not excite a disposition, in Rhode Island not to vindicate the honor of Congress. The matter was compromised by substituting the "secretary of foreign affairs, who, ex officio, corresponds with the governors, &c., within whose department the facts to be transmitted, as to foreign loans, lay." No motion or vote opposed the report as it passed.7
The committee to confer with Mr. Livingston was appointed the preceding day, in consequence of the unwillingness of several states to elect either General Schuyler, Mr. Clymer, or Mr. Read, the gentlemen previously put into nomination, and of a hint that Mr. Livingston might be prevailed on to serve till the spring. The committee found him in this disposition, and their report was agreed to without opposition. See the Journal.
The motion to strike out the words "accruing to the United States" was grounded on a denial of the principle that a capture and possession, by the enemy, of movable property extinguished or affected the title of the owners. On the other side, this principle was asserted as laid down by the beat writers, and conformable to the practice of all nations; to which was added, that, if a contrary doctrine were established by Congress, innumerable claims would be brought forward by those whoso property had, on recapture, been applied to the public use. See Journal.
Letters were this day received from Dr. Franklin, Mr. Jay, and the Marquis de la Fayette. They were dated the 14th of October. That from the first enclosed a copy of the second commission to Mr. Oswald, with sundry preliminary articles, and distrusted the British court. That from the second expressed great jealousy of the French government, and referred to an intercepted letter from Mr. Marbois, opposing the claim of the United States to the fisheries. This despatch produced much indignation against the author of the intercepted letter, and visible emotions in some against France. It was remarked here that our ministers took no notice of the distinct commissions to Fitzherbert and Oswald; that although, on a supposed intimacy, and joined on the same commission, they, the ministers, wrote separately, and breathed opposite sentiments as to the views of France. Mr. Livingston told me that the letter of the Count de Vergennes, as read to him by the Chevalier Luzerne, very delicately mentioned and complained that the American ministers did not, in the negotiations with the British ministers, maintain the due communication with those of France. Mr. Livingston inferred, on the whole, that France was sincerely anxious for peace.
The President acquainted Congress that Count Rochambeau had communicated the intended embarkation of the French troops for the West Indies, with an assurance from the king of France that, in case the war should be renewed, they should immediately be sent back.
The letter from Mr. Jay, enclosing a copy of the intercepted letter from Marbois, was laid before Congress. The tenor of it, with the comments of Mr. Jay, affected deeply the sentiments of Congress with regard to France. The policy, in particular, manifested by France, of keeping us tractable by leaving the British in possession of posts in this country, awakened strong jealousies, corroborated the charges on that subject, and, with concomitant circumstances, may engender the opposite extreme of the gratitude and cordiality now felt towards France; as the closest friends, in a rupture, are apt to become the bitterest foes. Much will depend, however, on the course pursued by Britain. The liberal one Oswald seems to be pursuing will much promote an alienation of temper in America from France. It is not improbable that the intercepted letter from Marbois came through Oswald's hands. If Great Britain, therefore, yields the fisheries and the back territory, America will feel the, obligation to her, not to France, who appears to be illiberal as to the first, and favorable to Spain as to the second object, and, consequently, has forfeited the confidence of the states interested in either of them. Candor will suggest, however, that the situation of France is and has been extremely perplexing. The object of her blood and money was not only the independence, but the commerce and gratitude, of America; the commerce to render independence the more useful, the gratitude to render that commerce the more permanent. It was necessary, therefore, she supposed, that America should be exposed to the cruelties of her enemies, and be made sensible of her own weakness, in order to be grateful to the hand that relieved her. This policy, if discovered, tended, on the other hand, to spoil the whole. Experience shows that her truest policy would have been to relieve America by the most direct and generous means, and to have mingled with them no artifice whatever. With respect to Spain, also, the situation of France has been as peculiarly delicate. The claims and views of Spain and America interfere. The former attempts of Britain to seduce Spain to a separate peace, and the ties of France with the latter, whom she had drawn into the war, required her to favor Spain, at least to a certain degree, at the expense of America. Of this Great Britain is taking advantage. If France adheres to Spain, Great Britain espouses the views of America, and endeavors to draw her off from France. If France adheres to America in her claims, Britain might espouse those of Spain, and produce a breach between her and France; and in either case Britain would divide her enemies. If France acts wisely, she will in this dilemma prefer the friendship of America to that of Spain. If America acts wisely, she will see that she is, with respect to her great interests, more in danger of being seduced by Britain than sacrificed by France.
The deputation to Rhode Island had set out on the 22d, and proceeded half-a-day's journey. Mr. NASH casually mentioned a private letter from Mr. Pendleton to Mr. Madison, informing him that the legislature of Virginia had, in consequence of the final refusal of Rhode Island, repealed her law for the impost. As this circumstance, if true, destroyed, in the opinion of the deputies, the chief argument to be used by them, viz., the unanimity of the other states, they determined to return and wait for the southern post, to know the truth of it. The post failing to arrive on the 23d, the usual day, the deputies on this day came into Congress and stated the case. Mr. MADISON read to Congress the paragraph in the letter from Mr. Pendleton Congress verbally resolved, that the departure of the deputies for Rhode Island should be suspended until the further order of Congress; Mr. Madison promising to give any information he might receive by the post. The arrival of the post immediately ensued. A letter to Mr. Madison from Mr. Randolph confirmed the fact, and was communicated to Congress. The most intelligent members were deeply affected, and prognosticated a failure of the impost scheme, and the moat pernicious effects to the character, the duration, and the interests, of the Confederacy. It was at length, notwithstanding, determined to persist in the attempt for permanent revenue, and a committee was appointed to report the steps proper to be taken.
A motion was made by Mr. RUTLEDGE to strike out the salvage for recaptures on land, on the same principle as he did the words "accruing to the United States." As the latter had been retained by barely seven states, and one of these was not present, the motion of Mr. Rutledge succeeded. Some of those who were on the other side, in consequence, voted against the whole resolution, and it failed. By compromise, it passed as reported by the committee.
The grand committee reported, after another meeting, with respect to the old money, that it should be rated at forty for one. The chair decided, on a question raised, that, according to rule, the blank should not have been filled up by the committee; so the rate was expunged.
From Tuesday, the 24th of December, the Journals suffice until—
A motion was made by Mr. CLARK, seconded by Mr. RUTLEDGE, to revise the instructions relative to negotiations for peace, with a view to exempt the American plenipotentiaries from the obligation to conform to the advice of France. This motion was the effect of impressions left by Mr. Jay's letters, and the intercepted one from Marbois. This evidence of separate views in our ally, and the inconsistency of that instruction with our national dignity, were urged in support of the motion. In opposing the motion, many considerations were suggested, and the original expediency of submitting the commission for peace to the counsels of France descanted upon. The reasons assigned for this expediency were, that at the juncture when that measure took place, the American affairs were in the most deplorable situation, the Southern States being overrun and exhausted by the enemy, and the others more inclined to repose after their own fatigues than to exert their resources for the relief of those which were the seat of the war; that the old paper currency had failed, and with it public credit itself, to such a degree that no new currency could be substituted; and that there was then no prospect of introducing specie for the purpose, our trade being in the most ruinous condition, and the intercourse with the Havana in particular unopened. In the midst of these distresses, the mediation of the two imperial courts was announced. The general idea was, that the two most respectable powers of Europe would not interpose without a serious desire of peace, and without the energy requisite to effect it. The hope of peace was, therefore, mingled with an apprehension that considerable concessions might be exacted from America by the mediators, as a compensation for the essential one which Great Britain was to submit to. Congress, on a trial, found it impossible, from the diversity of opinions and interests, to define any other claims than those of independence and the alliance. A discretionary power, therefore, was to be delegated with regard to all other claims. Mr. Adams was the sole minister for peace; he was personally at variance with the French ministry; his judgment had not the confidence of some, nor his partiality, in case of an interference of claims espoused by different quarters of the United States, the confidence of others. A motion to associate with him two colleagues, to wit, Mr. Franklin and Mr. Jay, had been disagreed to by Congress; the former of these being interested as one of the land companies in territorial claims, which had less chance of being made good in any other way than by a repossession of the vacant country by the British crown; the latter belonging to a state interested in such arrangements as would deprive the United States of the navigation of the Mississippi, and turn the western trade through New York; and neither of them being connected with the Southern States. The idea of having five ministers taken from the whole Union was not suggested until the measure had been adopted, and communicated to the Chevalier de Luzerne to be forwarded to France, when it was too late to revoke it It was supposed also that Mr. Laurens, then in the Tower, would not be out, and that Mr. Jefferson would not go; and that the greater the number of ministers, the greater the danger of discords and indiscretions. It was added that, as it was expected that nothing would be yielded by Great Britain which was not extorted by the address of France in managing the mediators, and us it was the intention of Congress that their minister should not oppose a peace recommended by them and approved by France, it was thought good policy to make the declaration to France, and by such a mark of confidence to render her friendship the more responsible for the issue. At the worst, it could only be considered as a sacrifice of our pride to our interest.
These considerations still justified the original measure in the view of the members who were present and voted for it. All the new members who had not participated in the impressions which dictated it, and viewed the subject only under circumstances of an opposite nature, disapproved it. In general, however, the latter joined with the former in opposing the motion of Mr. CLARK, arguing with them that, supposing the instruction to be wrong, it was less dishonorable than the instability that would be denoted by rescinding it; that if Great Britain was disposed to give us what we claimed, France could not prevent it; that if Great Britain struggled against those claims, our only chance of getting them was through the aid of France; that to withdraw our confidence would lessen the chance and degree of this aid; that if we were in a prosperous or safe condition, compared with that in which we adopted the expedient in question, this change had been effected by the friendly succors of our ally, and that to take advantage of it to loosen the tie would not only bring on us the reproach of ingratitude, but induce France to believe that she had no hold on our affections, but only in our necessities; that, in all possible situations, we should be more in danger of being seduced by Great Britain than of being sacrificed by France, the interests of the latter, in the main, necessarily coinciding with ours, and those of the former being diametrically opposed to them; that as to the intercepted letter, there were many reasons which indicated that it came through the hands of the enemy to Mr. Jay; that it ought, therefore, to be regarded, even if genuine, as communicated for insidious purposes, but that there was strong reason to suspect that it had been adulterated, if not forged; and that, on the worst supposition, it did not appear that the doctrines maintained, or the measures recommended in it, had been adopted by the French ministry, and consequently that they ought not to be held responsible for them.
Upon these considerations it was proposed by Mr. WOLCOTT, seconded by Mr. HAMILTON, that the motion of Mr. CLARK should be postponed, which took place without a vote.8
Mr. MADISON moved that the letter of Dr. Franklin, of the 14th of October, 1782, should be referred to a committee, with a view of bringing into consideration the preliminary article proposing that British subjects and American citizens should reciprocally have, in matters of commerce, the privilege of natives of the other party, and giving the American ministers the instruction which ensued on that subject. This motion succeeded, and the committee appointed consisted of Mr. Madison, Mr. Rutledge, Mr. Clark, Mr. Hamilton, and Mr. Osgood.
The contract of General Wayne was confirmed with great reluctance, being considered as improper with respect to its being made with individuals, as admitting of infinite abuses, as out of his military line, and as founded on a principle that a present commerce with Great Britain was favorable to the United States—a principle reprobated by Congress and all the states. Congress, however, supposed that these considerations ought to yield to the necessity of supporting the measures which a valuable officer, from good motives, had taken upon himself.
The report of the committee made in consequence of Mr. Madison's motion yesterday, instructing the ministers plenipotentiary on the article of commerce, passed unanimously, as follows:—
"Resolved, That the ministers plenipotentiary for negotiating peace be instructed, in any commercial stipulations with Great Britain which may be comprehended in a treaty of peace, to endeavor to obtain for the citizens and inhabitants of the United States a direct commerce to all parts of the British dominions and possessions, in like manner as all parts of the United States may be opened to a direct commerce of British subjects; or at least that such direct commerce be extended to all parts of the British dominions and possessions in Europe and the West Indies; and the said ministers are informed, that this stipulation will be particularly expected by Congress, in case the citizens and subjects of each party are to be admitted to an equality in matters of commerce with natives of the other party."