3dly. Because, by granting to Congress a power to collect moneys from the commerce of these states, indefinitely as to time and quantity, and for the expenditure of which they are not to be accountable to the states, they would become independent of their constituents; and so the proposed impost is repugnant to the liberty of the United States.

Many more reasons might be offered, and the subject drawn out to a great length, by descending to particulars; but these are sufficient to answer the main design of the house, which is to shew a decent respect to the states which have differed from them in opinion upon this subject.

This state may be justly ranked among the foremost in the common cause, having furnished in support of it as many men, and as much money, in proportion to its abilities, as any state in the union, and much more than most of them, and it is still disposed to continue its exertions; but it will raise and collect its quota of public taxes in such a way as shall be judgeḍ most proper.

And it is hoped, that when its resolutions are founded on the great principles of liberty and a general interest, it will not be thought to suspect the public virtue of the present Congress, by withholding from them or their servants, a power of which their successors might make a dangerous use.

With the highest sentiments of respect for your excellency, and the honorable assembly over which you preside, I am your excellency's most obedient servant,

WILLIAM BRADFORD, Speaker. "Wherefore Resolved, That the resolution of the 6th of December, inst. for appointing a deputation to 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on imports and prizes, as a measure essential to the safety and reputation of these states, be, and the same is hereby repealed."

On this motion the previous question was moved by the state of New-York, seconded by the state of New-Hampshire, that the question be not now put: And on the question to agree to the previous question, the yeas and nays being required by Mr. Howell,

So it was resolved in the affirmative, and the main question was set aside. On the report of a committee, consisting of Mr. Carroll, Mr. Osgood and Mr. Gilman, to whom were referred the letter and report of the secretary at war, on the subject of future promotions of colonels or lieutenant-colonels commandant to the rank of brigadiers :

Resolved, That for the purpose of promotions of colonels or lieutenant-colonels commandant in the army of the United States, to the rank of brigadiers, the army of the United States shall be considered as classed in the following divisions: the eastern, the middle and the southern: the troops of New-Hampshire, Massachusetts, Rhode-Island and Connecticut, shall form the eastern: those of New-York, New-Jersey, Pennsylvania, Delaware and Maryland, the middle: and those of Virginia, North-Carolina, South-Carolina and Georgia, the southern division:

That whensoever it shall be deemed necessary for the command of troops in service, to appoint brigadiers in any state or states, where the number of troops in the field are sufficient to form one or more brigades, the brigadiers shall be appointed from the senior colonels or lieutenant-colonels commandant in the lines of such states; and when brigadiers shall be wanted to command brigades within any of the divisions composed of the troops of such states who

have not individually numbers in the field sufficient to form a brigade, the brigadiers shall be appointed from the senior colonels or lieutenant-colonels commandant in such brigades.

Ordered, That so much of the report as recommends certain officers to be promoted to the rank of brigadiers, be referred to the secretary at war to report. The superintendent of finance, to whom was referred a memorial of Reyer Schermerhorn, reports,

"That from the face of the said memorial, it appears that the case of Mr. Schermerhorn falls within the purview of the resolutions of the 20th of February, 1782."

Resolved, That Congress agree to the aaid report:

The committee, consisting of Mr. Williamson, Mr. Carroll and Mr. Madison, appointed to consider how far the honor of Congress and the finances of the United States may be affected by certain late publications on the subject of foreign loans, &c. report,

"That among the different publications which have lately been made concerning foreign loans, they have particularly attended to a very remarkable extract of a letter, published in the Boston Gazette, of November 10, 1782, under the Providence head, which is there said to be an extract of a letter from a gentleman in Philadelphia to his friend in that town, dated October 16; in which are the following observations: "This day letters have been read in Congress from Mr. Adams, of the 16th of August, and Mr. Dumas, his secretary, of the 19th. The loan he is negotiating fills as fast as could be expected. The national importance of the United States is constantly rising in the estimation of European powers and the civilized world. Such is their credit, that they have of late failed in no application for foreign loans, and the only danger on that score is, that of contracting too large a debt."

"Your committee have examined the several letters that have been received from Mr. Adams, your minister at the Hague, in the course of the last six months, as well as those from Mr. Dumas, and the sundry letters which have been received from your ministers at Versailles and Madrid, on the subject of loans, in the course of the present year, and they are sorry to observe, that the positions just referred to, on the subject of loans, are not only ill founded, but some of them are expressly contradicted by the letters of your ministers at foreign courts; and whereas the above extract, from its date, and particular mention of other dates, is so drawn as to give reason to suspect that it was written by a member of Congress, or by some person officially entrusted with their papers; and as the duty and honor of Congress require that they should endeavour to detect and prevent misrepresentations of this kind:

"Resolved, That the secretary for foreign affairs be instructed to write to the executive of Rhode-Island, requesting them to enquire through what channel the above communication was made, or who is the supposed author of the extract referred to, and report accordingly.".

Resolved, That Congress agree to the said report.

Ordered, That the further report of the committee be postponed.
On the application of Mr. Howell,

Ordered, That he have leave of absence.

FRIDAY, December 13, 1782.

Mr. Elmer, a delegate for New-Jersey, attended, and took his seat.
On a report from the secretary at war,

Resolved, That every officer whose duty requires his being on horse-back, who shall have his horse killed or wounded and disabled by the enemy, or whose horse shall fall into the enemy's hands without his own manifest fault or misconduct, shall be entitled to receive of the quarter-master general or his deputy, the just value of such horse, to be appraised on oath, or on the honor of the

appraisers, if commissioned officers, provided the same does not exceed 120 dollars; provided also, that if the wounded or disabled horse be brusght of, he shall be delivered to some officer in the quarter-master's department, whose certificate shall be necessary to entitle the owner to compensation; provided also, that before any compensation shall be made for horses lost in manner before-mentioned, the necessary facts shall be proved to the satisfaction of the quarter master general or his deputy, to whom application shall be made relative to any such losses as have already happened, and in future, by the certificate upon honor of at least one commissioned officer, or the oath of a non-commissioned officer or soldier not interested therein, countersigned by the commanding officer of the army, brigade, corps or detachment, to which the claimant did at the time belong, unless he be the general commanding where the loss accrued, in which case his own certificate upon honor shall entitle him to compensation in manner aforesaid. This resolution to have a retrospect to the first day of January, 1779: this resolution not to extend to officers who have already received compensation for horses lost since that day.

The secretary at war, to whom was referred so much of a petition of Belamy Crawford, as relates to clothing, rations, subsistence and extraordinary expenses, while a prisoner at Charleston, having reported thereon:

Ordered, That the said petition, so far as referred to the secretary at war, be dismissed.

Congress proceeded by ballot to settle the rank of the two judges of the court of appeals, elected on the 5th, and the lots being drawn, the precedence was decided in favor of Mr. Reed.

MONDAY, December 16, 1782.

On motion of Mr. Peters, seconded by Mr. McKean,

Resolved, That the honorable the executive of the state of Delaware be, and hereby are requested to give the necessary directions for providing quarters for the troops of his most Christian majesty, serving with the army of the United States, now on their march for Wilmington.

On the report of a committee, consisting of Mr. Hamilton, Mr. Madison and Mr. Fitzsimmons:

Whereas it is essential to justice and to the preservation of public credit, that whenever a nation is obliged by the exigencies of public affairs to contract a debt, proper funds should be established, not only for paying the annual value or interest of the same, but for discharging the principal within a reasonable period, by which a nation may avoid the evils of an excessive accumulation of debt; therefore,

Resolved, That whenever the net produce of any funds recommended by Congress and granted by the states, for funding the debt already contracted, or for procuring future loans for the support of the war, sball exceed the sum requisite for paying the interest of the whole amount of the national debt, which these states may owe at the termination of the present war, the surplus of such grants shall form a sinking fund, to be inviolably appropriated to the payment of the principal of the said debt, and shall on no account be diverted to any other purpose.

And in order that the several states may have proper information of the state of their finances, it is further

Resolved, That as soon as the public debt can be liquidated, each state be annually furnished with the amount thereof and the interest thereon, and also of the proceeds and disposition of the funds provided for the redemption thereof. Resolved, That the faith of the United States be pledged for the observance of the foregoing resolution; and that if any state shall think it necessary to make it a condition of their grants, the same will be considered by Congress as consistent with their resolution of the 3d of February, 1781.

TUESDAY, December 17, 1782.

The committee, consisting of Mr. Hamilton, Mr. Madison and Mr. Fitzsimmons, to whom was referred a motion of Mr. Clark, report as their opinion, that the deputation appointed to go to the state of Rhode-Island, ought to proceed as soon as possible.

Resolved, That Congress agree to the said report.

WEDNESDAY, December 18, 1782.

Mr. J. Montgomery, a delegate for Pennsylvania, attended, and took his seat On the report of a committee, consisting of Mr. Carroll, Mr. Williamson and Mr. Wharton, to whom was referred a letter from G. Bond:

Resolved, That the superintendent of finance take order for the payment of 400 dollars to George Bond, deputy secretary of Congress, for extra service. On the report of a committee, consisting of Mr. Ramsay, Mr. Nash and Mr. Peters, to whom was referred a letter of 22d November, from E. Hazard and J. Bryson, relative to an explanation of the resolution of Congress of the 12th of December, 1780:

Resolved, That the auditors of accounts, in settling the accounts of the postoffice department, be authorized to give the same retrospect to the allowance for travelling expenses as to the yearly salary of the surveyors of the post-roads.

The secretary at war, to whom were referred sundry charges against S. Hodgdon, late commissary of military stores, a petition of Mary Coren and an affidavit of J. Hall, respecting the conduct of the said Hodgdon, with orders to proceed by court of enquiry or court-martial, against the said Hodgdon, in order that he may be acquitted or condemned, according to the law martial, of the charges exhibited against him; having laid before Congress the proceedings of a court of enquiry appointed pursuant to the above orders; and the said proceedings and report of the said court being read,

Ordered, That the charges above-mentioned be dismissed.

A motion being before the house in the words following:

"That the secretary for foreign affairs be discharged from the instruction given him on the 12th inst. Mr. Howell, a delegate from the state of RhodeIsland, having acknowledged himself the author of the extract of the letter quoted in the report of the committee."

A motion was made by Mr. Howell, to postpone the consideration of the motion before the house, to make way for one he read in his place, in the words following:

David Howell, of Providence, in the state of Rhode-Island and Providence Plantations, now a delegate in Congress for said state, having in his place made the following declaration, viz.

That he hath, in sundry letters to his constituents, written largely on the public affairs, both foreign and domestic, of the United States, particularly in a letter of 15 pages, in folio, directed to his excellency William Greene, esq. governor of said state, and in another, less copious, directed to John Carter, esq. printer of the Providence Gazette; from one of which, he doubts not, was extracted a certain paragraph in the Providence Gazette of the 2d day of November last, as follows, viz.

"This day letters have been read in Congress from Mr. Adams, of the 16th of August; Mr. Dumas, his secretary, of the 19th. The loan he is negotiating fills as fast as could be expected **** The national importance of the United States is constantly rising in the estimation of European powers and the civilized world ***** Such is their credit, that they have of late failed in no application for foreign loans, and the danger on that score, is, that of contracting too large a debt."

* * *

* desunt non nulla **

!

But not having copies of said letters, he is at present unable to identify the words and sentences: the substance he avows to have written not only in said letters, but others on sundry occasions: at the same time absolutely protesting generally against any power exercised or claimed by Congress, to call any member of their body to account for any information which he may think proper to communicate to his constituents, the secrets only of Congress excepted; and more especially against any power in the present Congress to call to account a member of the late Congress. Further alleging and protesting, that the resolve of the day of December inst. appointing a committee of Congress on late publications, is a departure from the dignity of Congress, and tends to establish a precedent dangerous to the freedom of the press, the palladium of liberty, civil and religious; and that the resolve of the day of December inst. accepting the report of the said committee against a certain paragraph in a newspaper, and demanding the writer thereof to be delivered up by the executive of the state of Rhode Island, is in effect an infraction of the 5th article of the confederation, which allows freedom of speech and debate in Congress, and of course a free communication of such speeches and debates to their constituents, by the members of Congress, without being accountable to that borly for the propriety of what is said, debated or communicated; and declaring that the facts stated in the said paragraph, respecting foreign loans, are substantially true, and can be established by authentic documents in possession of Congress, there having been no eventual and final failure in any late application; that the opinions advanced were such as he entertained and declared on the floor of Congress, when the sum of a foreign loan was agitated, as the yeas and nays on the journal will manifest, and such as he still retains, and in which he is not alone; that great injustice may be done to the most cautious writer, by publishing a single paragraph only of a letter (of which however he does not in this case complain) and still greater by a committee of Congress reporting only a part of such paragraph, and thereby fixing it on the journals in such a detached and maimed condition, of which he does complain, and alleges that such proceeding threatens the privileges and endangers the characters of members of Congress; that such a mode of inquisition, established by authority of Congress, has a tendency to erect a system of despotism, by deterring the minority from writing freely to their constituents such things as they have a right to know, lest their letters should be intercepted, published, and in detached paragraphs injuriously fixed on the journals of Congress by an overbearing majority; that it is well known that in his private opinion he is, has been, and has a right to be, against the five per cent impost; his constituents expected him to oppose it; that he has been faithful to them in that particular will not be denied. He is happy to find that the state he has the honor to represent has unanimously rejected that dangerous measure, by a solemn determination of the lower house of assembly, on the first day of November last, 53 members being present. If the part he has taken in that regard has drawn on him the resentment of any, he will endeavour to sustain it with a fortitude becoming the cause of freedom and his country, which in every part of his conduct he has uniformly supported, and for proof appeals to the journals of Congress. His constituents have hitherto approved his conduct, and he trusts they will not fail to support him. He considers himself as their servant, and to them alone he is accountable for his doings; and under them the servant of the United States, and not the servant of Congress.

The declaration and protest aforegoing, being duly considered, Resolved, That the resolution of in the words following, viz. "Resolved, that the secretary for foreign affairs be instructed to write to the executive of Rhode-Island, requesting them to enquire through what channel the above communication was made, or who is the supposed author of the extract referred to, and report accordingly," be and the same is hereby revoked.