mittee are of opinion, that it is inexpedient for them to go immediately into such an act; inasmuch as it might be thought to argue that Congress meant to give to those articles the quality and effect of a definitive treaty of peace with Great Britain, though neither their allies nor friends have as yet proceeded further than to sign preliminary articles; and inasmuch as it may oblige Congress to fulfil immediately ail the stipulations contained in the provisional articles, though they have no evidence that a correspondent obligation will be assumed by the other party.
Third. If the ratification in question be neither obligatory nor expedient, the committee are of opinion, that an immediate discharge of all prisoners of war, on the part of the United States, is premature and unadvisable; especially as such a step may possibly lessen the force of demands for a reimbursement of the sums expended in the subsistence of the prisoners.
Upon these considerations, the committee recommend that a decision of Congress on the papers referred to them be postponed.
On this subject, a variety of sentiments prevailed.
Mr. DYER, on a principle of frugality, was strenuous for a liberation of the prisoners.
Mr. WILLIAMSON thought Congress not obliged to discharge the prisoners previous to a definitive treaty, but was willing to go into the measure as soon as the public honor would permit. He wished us to move pari passu with the British commander at New York. He suspected that that place would be held till the interests of the tories should be provided for.
Mr. HAMILTON contended, that Congress were bound, by the tenor of the provisional treaty, immediately to ratify it, and to execute the several stipulations inserted in it, particularly that relating to a discharge of prisoners.
Mr. BLAND thought Congress not bound.
Mr. ELLSWORTH was strenuous for the obligation and policy of going into an immediate execution of the treaty. He supposed, that a ready and generous execution on our part would accelerate the like on the other part.
Mr. WILSON was not surprised that the obscurity of the treaty should produce a variety of ideas. He thought, upon the whole, that the treaty was to be regarded as "contingently definitive."
The report of the committee being not consonant to the prevailing sense of Congress, it was laid aside.
The ratification of the treaty and discharge of prisoners were again agitated. For the result in a unanimous ratification, see the secret Journal of this day; the urgency of the majority producing an acquiescence of most of the opponents to the measure.30
Mr. HAMILTON acknowledged that he began to view the obligation of the provisional treaty in a different light, and, in consequence, wished to vary the direction of the commander-in-chief from a positive to a preparatory one, as his motion on the Journal states.31
Mr. MADISON, with the permission of the committee on revenue, reported the following clause, to be added to the tenth paragraph in the first report, viz.:
"And to the end that convenient provision may be made for determining, in all such cases, how far the expenses may have been reasonable, as well with respect to the object thereof as the means for accomplishing it, thirteen commissioners—namely, one out of each state—shall be appointed by Congress, any seven of whom, having first taken an oath for the faithful and impartial execution of their trust, who shall concur in the same opinion, shall be empowered to determine finally on the reasonableness of the claims for expenses incurred by particular states as aforesaid; and, in order that such determinations may be expedited as much as possible, the commissioners now in appointment for adjusting accounts between the United States and individual states shall be instructed 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