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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Hugh Williamson to Alexander Martin
Sir, Edenton 30th September 1784
By the printed journals of Congress you will observe that a little before the adjournment sundry important subjects were agitated & the questions lost on principles which some of us could not have suspected. It was generally admitted to be essential towards the discharge of the national debt that the lands ceded to Congress by New York & Virginia should be purchased from the Indians; and a military force somewhat respectable is necessary either to holding an advantageous treaty, taking possession of the Western Posts, or keeping the Indians in check. But some of the states would not admit that Congress has any right to make a requisition of troops during peace. The southern and middle states were of the opinion that such a right could not be given up. It is provided in one of the Articles of Confederation that "the United States in Congress assembled shall have the sole power of
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raising troops." There are no words by which this power is restrained to the time of War; hence we supposed it to be perpetual; especially when we considered that the existence of such a right may be essential; for the very independence or safety of an Empire may depend upon its arming in time of peace to prevent an invasion. The minority however would not recede and we had recourse to a poor expedient, but the only one remaining viz To calling on Certain states for Militia.(1) The inefficacy & expence of this measure may probably give rise to better ones. The enclosed paper No. 1 is an extract of a Letter from the Legislature of Massachusetts. No. 2 is an Act of the general Assembly of Connecticut. These papers have been refered to a grand Committee who have reported on the several articles to which they refer, but I cannot allow myself to believe that Congress will adopt the report without great amendments.(2) For myself I confess that I am not possessed of such information, though I have sought for it with diligence as to enable me on those questions to determine with any degree of certainty what is the true Interest of the state. Hence it is that I am to trouble Your Excellency with a few questions, whose solution I cannot otherwise obtain.
You will observe that the propositions of Massachusets open a field for extensive charges by that state against the United States. New Hampshire too has claims similar to those of Massachusets for bounties & old Continental Money. There is a redundance of old money in Rhode Island, & Connecticut has large claims for Militia service. If these several claims are allowed the debt of the United States must be encreased by several Millions of Dollars. Something must doubtless be done on these several heads, but if my calculation is right our state must gain or loose near half a Million of Dollars according to the principles on which the different resolves may be founded. I am aware that since I have had the honor to serve the state some of the same questions that I am going to propose have been stated by the delegates & no answer returned. However as I conceive the subject very important and as the time approaches when a final settlement must be made of the late military expences of the United States, I flatter myself that more attention will now be paid to those different subjects.
The claim of Massachusets that she may be allowed for all the bounties that were paid for recruiting the Continental Line in the last years of the War is said to be very large, & New Hampshire has a similar claim. We are told that a bounty of 100 dollars per annum was paid by the several classes to the recruits whom they raised for three Years. In support of the claim Massachusets alledges that she has raised more than her quota of the Continental Line & that Congress has promised to indemnify any State for such exertions. I presume this single charge may amount to a Million of Dollars. But it is enquired, has Massachusets done more than her quota or has North Carolina done less than her quota of military service: at present we are not furnished with materials by which we can answer those questions.
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The personal service to be performed by the Citizens of any state was to have been according to the number of its white Inhabitants, and no account can be procured of the number of our inhabitants. Early in the revolution, our Delegates, for obvious reasons, stated the number of our Militia at 40,000, but the motives to such large statements have long since vanished & it is now our duty & interest to be more correct.
The number of inhabitants in some of the states have been taken from the Militia rolls, by Counting five Inhabitants for every Man on the roll. On this principle we may venture to fix the number of our White Inhabitants, without any risque of its exceeding the truth; especially if we take the very last Musters that were made on the Year 1782 when the effective Militia in the several Counties were divided into Classes for the sake of making the 18 Months Continental draught. Certainly the several Brigadiers could furnish you with such a return within a few Weeks, as the Militia were classed in the same manner on the Year 1781 either of the Muster Rolls would answer our purpose and they must be considered as correct, for they were taken on Oath. In such a return it would hardly be fair to include the settlers in the new Counties over the Mountains who were not there during the War, nor would any list taken on the present Year be so perfectly unexceptionable. I have some reason to believe that our fensible Militia were much nearer 25 than 40 thousands. Having discovered what was the number of our fensible Militia, perhaps we shall find that near the beginning of the War we raised too great a proportion of Continental troops & when the Vast bodies of Militia are considered who did duty towards the end of the War, who are chargeble, or who may hereafter may be charged to Continental account, it is probable that North Carolina will not appear to have been deficient. If so, she will hardly be the first in objecting to the claim of Massachusets, provided she obtains a credit for similar bounties.
There are other facts of which the Delegates may need to be informed viz. What are the different tours of duty that have been performed by the Militia of this state during the War? What is the number of Men who have served on those several tours & the length of their service? At whose Instance was the Militia called out on the several occasions?
Your Excellency will immediately observe the use of this last question, for according to the Resolves of Congress, all militia service that has been performed in consequence of recommendations of Congress, or at the request of a Continental Officer Commanding in a seperate department are to be charged to the account of the United States. I presume that all the Militia who have served in Georgia or South Carolina, all those who were draughted in 1780 to serve under Major General Caswell & those who served at any time with General Greene are chargeable to Continental Acct. But I fear that they who
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of giving Offence to Gentlemen who have been on either side of the question, for I am fully pursuaded that they were equally desirous to promote the true interest & honor of the State & the harmony & strength of the Union; they only differed in their opinions concerning the best means.(3) It happens however that some very strange & unexpected incidents have presented themselves since the last Spring which may impress the minds of men considerably, must affect our finances greatly and may render it proper for the State to embrace measures or to use cautions which on the last Spring were not indicated. Be this as it may, it is my duty to mention the incidents or charges that have occured, if they should appear of little importance they will occasion the less trouble.
Congress or several of the States were in such haste to adjourn on the 3d June last, that we could not obtain a Vote for appointing Commissioners to treat of Peace with the Southern Indians, though the plan of a treaty had for some Weeks been prepared by a Committee.(4) Should an Indian War break out by such neglect, the Western Inhabitants of our State would be among the Chief Sufferers. When I consider the political & military Virtues of those brave Citizens who live over the Mountain, and recollect that we are in a great measure indebted to them for One of the greatest Actions that has been atchieved during the late war, I am not a little hurt by any want of attention to their safety.
Massachusets has at this late hour put in he[r] claim to an extent of two degrees of latitude across the Country that is claimed by New York: & immediately before the adjournment she petitioned to have the question determined by a foederal Court, which is to be appointed. This claim I conceive is to extend to the South Sea or at the least to the Mississippi & will include part of the New York & Virginia Cession though it will not Come southerly of the present Massachusets.
Connecticut having faild in her attempts to cut one degree out of the State of Pensylvania, has just entered her claim to the same degree Westward of Pensylvania. Her south boundary is somewhere near the latitude 41°, & she extends to the Mississippi. Indeed she is willing to cede that degree to Congress on Condition that they will give her 100 miles in length of it from the border of Pensylvania. This curious act of Session [Cession] arrived at Congress on May last. It may seem strange that Connecticut should have accepted of the Virginia Cession when she yielded that very land to Congress, without disputing her title which might have been tried by foederal Court, tho' she now claims it from Congress when no such Court can be instituted; for there are no indifferent Judges.(5)
Another event of great importance has drawn the attention of the Public since the adjournment. Rhode Island is said once more to have
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rejected the 5 Per Cent Impost by a great Majority in her Assembly. If this impost shall finally be lost North Carolina has a bad prospect of being able to pay her quota of the National Debt. Virginia & South Carolina will immediately impose a duty of 5 Per Cent for their seperate use by which they will be enabled to pay a Considerable part of their quota. We shall impose a duty, and what will be the consequence. Near half of the goods we consume are imported by land from Virginia & South Carolina, And as our sea trade is chiefly carried on in small Coasters near half of the remainder will be Smuggled through our numerous inlets. The goods we import by land will have paid a tax of 5 Per Ct. for the benefit of Virginia & South Carolina but they will hardly pay one half Per Cent into our Treasury; for it will not be possible to guard an entrance into the State of 150 Miles in Length on each boundary. The goods that come by Water will in General have paid a Tax of 5 Per Cent to some of the Northern States, but by the address of Coasters & small adventures they will pay little into our Treasury. These are not very pleasing prospects.
It is well known that Georgia, who has done very little service during the War has obtained a very extensive territory by the manner in which our bounds were settled at the Peace. She might yield to the United States at least 63 Millions of acres after retaining to herself an Extent of 300 Miles from the Sea. Our share of such a Cession, if she could be prevailed on to make it in Concert would I think be equal to the greater part of what remains for us to give.
To the different considerations that have been mentioned we may add the situation of our Indian expeditions. You may recollect that on the 22d October 1782 the delegates had the honor to express to your Excellency their hopes that if a Cession of Western territory should take place it would be on certain Conditions, of which the first was "That the whole expence of our Indian expeditions shall pass to account in our quota of the Continental expences." And on the 11th of September in the same Year, the Delegates expressed their uneasiness that they had not been officially informed of an expedition then going on against the Indians, nor authorised to apply to Congress for their approbation, as Pensylvania was doing at that very time so that she might pass the service to acct. But no such approbation has been obtained & the whole of our expeditions with a good part of our other Militia service continues to be a State expence. I perceive that a great part of the late general Assembly viewed this subject in a different light, which doubtless was the reason why they omitted the stipulation that has been mentioned or some Conditions to that amount; they seem to have thought that all Militia services whether they were pointed against tawney or the white savages ought to pass to the Continental account. If ever that should be the case it will cost us much trouble to obtain such a credit.
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You observe that there are three measures which we are greatly interested in promoting viz, That Rhode Island & Georgia should agree to the 5 Per Cent Impost, That Georgia should cede part of her territory and that the Expences of our Indian Expeditions should be paid by the United States. Can the Western territory, belonging to our state, be so managed as to promote those several Interests? The last mentioned it may doubtless secure. If we should immediately complete the Cession, we shall give up the power of making advantageous terms and shall loose the argument which may bring others to adopt fOEderal measures; on the other hand should we sell out what remains of this territory to the Western Inhabitants whatever inconveniences they may suffer, will loose the prospect of becoming a Seperate State; the quota of our State will be doubled though we shall hardly have the Means of paying half of our present Quota; in that case too we should give up the means of making terms, or the power of adopting better measures if better should present themselves. The situation is critical. Perhaps it is most consistent with prudence & sound policy to make a Pause. Whatever shall finally appear to be for the honor & true interest of the State may be done 12 Months hence as well as now. But we may do wrong things which cannot be undone.
Among the Acts of the last Assembly, there is one for empowering Congress in the final Settlement of the proportion this State is to bear of the whole expences of the War, the foreign loan excepted, to adopt such principles as may seem just, without being wholy governed by the rule laid down in the 8th article of the Confederation.(6) From this it appears to have been the expectation of the state, that Congress would come to a Settlement & allot to each state the portion it is to pay of the national debt, the foreign loan excepted, which quota each state might discharge as it could or at least the balance of its quota. Doubtless the Delegates Will press for such a Settlement as nothing could be more fortunate for our State, but such a measure will be warmly opposed by most or all of the states who have no vacant Lands, the question has already been agitated. The reason is pretty clear why such states may refuse to divide the National debt. According to the present allotments, Maryland which is one of the states that has no vacant territory, would have to pay 94 Dollars out of every thousand; & North Carolina would have to pay 72. But as soon as our Vacant territory shall all be located & surveyed, our quota according to the existing rule, would be near 148. I need not say that Georgia would pay above 200 whose quota at this hour is 10; nor that the quota of Maryland must decrease while ours was encreasing. However ungenerous it may seem to think of burthening posterity with our National debt, and of throwing half of it round the neck of those infant States who are rising on tother side of the mountains, there are people who are not ashamed to cherish sentiments of this kind.
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By the Letter from Massachusets you will observe that Congress are still haunted by the Old Continental Money. Justice & sound policy require that its manes should get some repose. Massachusets having called in 40 millions, which was her quota, discovers that there are near 30 millions more remaining in the hands of Individual Citizens. Your Excellency may wonder how she made such a discovery, when we find so much difficulty in obtaining any information that can be of use to our funds or claims, but those people loose nothing by the Want of industry. Massachusets & the other States, who have too much of the old money propose that it should be sunk according to the Resolves of Congress at 40 for 1. There are other states in which the money circulated at 5 or 600 for 1, who propose to sink it at that rate. Perhaps neither plan is founded on strict justice. It is very clear that a considerable part of the old money was carryed into Boston after the value had sunk below forty, but it is also affirmed that no part of it ever circulated after it had sunk to 100 for one. The states who have more than their quota of this Money alledge that justice is refused them because it is the Interest of the Majority to do wrong. In whatever manner this question may be determined I think we shall find that our situation would not have been worse if there had been a few Millions more of the old Continental money in our Treasury.
Your Excellency will see by the Journals that Congress has not yet agreed on a plan for opening the land Office for the sale of Western territory.(7) Much of our hope depends upon the prudent management of that business; however as I have more than once mentioned the Western territory as a fund by which a great part of the National debt might be extinguished I shall try to explain my ideas on that subject. We are apt to estimate the value of Vacant land by considering what it sold for under the regal Government; without considering that the object of the Crown was to settle Colonies & not to raise money; that the property is now conveyed in fee simple, but the Crown used to reserve a perpetual quit-rent; and that the value of Land increases in such proportion as the Government is more free. From the states which formerly were proprietary Governments where the soil belonged to a subject who was attentive to the improvement of his estate, we may form some estimate of the true value of vacant Land. In Maryland the price of Land was £5 stirling per hundred acres with a reserved quitrent of 4/. The amount was equal to 37 dollars & 3d. In Pensylvania where the form of Government was more free, with the advantage of having no Ecclesiastical establishment such as prevaild in Maryland, land was readily sold for a greater price. In the Year 1769 the Land office was opened for the sale of several Millions of acres that had just been purchased of the Indians. The price was £5 sterling or £8.6.8 with a quit rent of 8/4 sterling or 13/10½ Currency; but 13/10½ per annum is the interest of £11.10.8 hence the purchase if
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the quitrent had been bought out would have been £19.17.4½ or 53 Dollars lacking four pence per hundred acres. On those terms above three thousand tracts were sold in one day, and more entries made in a fortnight than the whole of the Vacant lands. A Considerable part of the land refered to lay over the Mountains, some of it on the Ohio, and is exceeded in Value by at least 50 millions of acres of ceded Land that is not controverted on tother side of the Ohio. Surely the present form of Government is more free than what formerly prevailed in Pensylvania or any other Province and a silver-Dollar was of more value either in Europe or America 15 Years ago than it is at present, wherefore our lands ought to sell for much more than 53 silver Dollars, but our Lands are to be sold for public securities not for specie, and no man will say that money in the Public funds is to be valued as money in the Pocket. In great Britain, whose funds are among the best in Europe, A Man could not on the last Year get more than £65 in Cash for £100 national stock; In the United States, where the public funds have not acquired any system, national stock is much lower. It is at 20 or 25 per Ct. Is it not certain that we may sell our Lands at 100 dollars per Hundred acres without any difficulty? the money to be paid in public securities.
Your Excellency may possibly wish to know the present Situation of the public arms, especially as that situation may chance to draw the attention of the State. There are from 30,000 to 40,000 stands of arms, besides a large train of artilery, deposited in different places. At Springfield in Massachusets, at West Point in New York & at Carlisle in Pensylvania there are large magazines & arsenals which have been erected at the Expence of the United States. In those places a sufficient quantity of arms is deposited for the Northern & middle States. The proportion of public arms which ought to be laid up in the Southern States is stored at a heavy expence in private Ware-houses in Philadelphia & at other Sea Ports. It was proposed to build arsenals & magazines at the Point of Fork on James's River, and at Camden in South Carolina to which those arms were to have been transported, but we have not been able during the two last Years to obtain a Vote for the expence of sufficient buildings; in fact money has been deplorably scarce in the Treasury, nor is the Case like to alter much for the better. Hence it is probable that some other measures must be adopted for the disposition of our quota of the Public arms. If our State was provided with an arsenal & magazine sufficient for holding them, or if it had appropriated sufficient funds for the purpose, I think it probable that the Delegates would move to have our proportion immediately brought into the state, for we should then understand it to be the Wish of our Constituents. I need not mention that the Confederation requires, nor that political prudence requires, that our Militia should be well armed and that we lay up Military Stores in time of Peace so as to prevent insults, by a respectable state of De-
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fence. If it is the opinion of our State that some kind of military preperations are necessary, perhaps no time can be so fit as the present for beginning to erect the buildings, for a small part of the state arsenal may be set apart for storing our quota of the Continental arms. In cold climates it is found that 2 men are sufficient to keep 4,000 stands of small arms free from rust. In a warmer Climate 3 may be required. This is a small expence. I am aware that the low state of our finances will be objected to this useful undertaking. But it appears to me that if 5 or 6,000 pounds worth of forfeited property was vested in the hands of Commissioners to be immediately sold for the sole purpose of erecting arsenals & magazines it would be a sum well disposed of: And a Military or political forfeiture would be naturally applied to a Military use. You will be so good as to excuse this digression. It appeared to be my duty to represent the situation of the Public arms and our embarrasments on that account. I have merely hinted at a measure, by which some of those difficulties might be removed.
This Letter has insensibly grown very long. If the Subjects to which it refers claims the attention of the State it needs no apology, if otherwise an apology would not save it. In every case where I have ventured to give an Opinion I have stated the facts on Which that Opinion is founded; from such evidence if the conclusions are ill drawn, you will readily correct them.
In what manner shall this State obtain full credit for the services it has performed during the late War? In what manner shall our claims be Supported so that our quota of the National Debt may be diminished & our Citizens rescued from heavy Taxation: To this particular object I would turn your attention & for this purpose it is that I repeat the original request, that the Delegates may be informed what have been the number of effective militia in the state? What tours of duty they have performed? and what is the Continental sanction under which they have served on different occasions? It is with much reluctance that I have troubled Your Excellency, or the State with such a detail of questions, but the property of our Constituents is deeply concerned in subjects to which those questions refer, and in the determinations to which they may lead; hence it is of the utmost importance that the Delegates be well informed. It is humiliating in a statesman to be reduced to conjectures, and perfectly shameful for an Accomptant to be stumbling in the dark when certainty is to be obtained.
I have the honor to be &c, Hugh Williamson
Tr (Nc-Ar: Governors' Letterbooks).
1 See New York Delegates to George Clinton, April 9, note 2.
2 For these two enclosures and the action taken on them, see Committee of Congress to Robert Morris, March 30, note 2; and Roger Sherman's Draft Resolve, April 8, 1784.
3 For Congress' receipt of North Carolina's act of cession, see David Howell to Jabez Bowen, May 31, note 8. Williamson's letter, however, was instrumental in North Car-
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olina's repeal of its cession in November, for which see N.C. State Records, 17:110-12, 24:678-79. See also Richard Dobbs Spaight to Martin, December 18, 1784.
4 See Richard Beresford to Certain States, March 30, note 2.
5 Williamson developed his views on this subject more fully in the report he drafted as chairman of the committee to which Connecticut's January 8 act of cession had been referred on May 25, 1784. The report was never submitted to Congress, but was turned over to a successor committee appointed when the issue was revived by the Connecticut delegates on February 15, 1785, consisting of William Grayson, William Henry, Samuel Holten, and William Samuel Johnson. See JCC, 27:432n.1, 28:69; and PCC, item 75, fols. 81-84. This draft is located in the William Samuel Johnson Papers, DLC, and is quoted here in full.
"The committee consisting of to whom was referred a motion of the Delegates of Connecticut who in consequence of certain Acts of the Legislature of that State offer to make a cession and release to Congress of a Tract of Territory to the Westward of the Ohio report
"That the State of Connecticut has proposed to the US her claim to a Tract of Territory Westward of Pensylvania and the R Ohio, being about 70 miles in Breadth, including the 42nd Degree of N Latitude & 2 minutes of the 43rd Degree & extending to the River Mississippi, reserving however a Tract 120 miles in Length of the whole Breadth described of the Lands next adjoining to Pensylvania for the Use of the State and to satisfy the Officers & privates of the continental Line of that State, the Lands promised them by Congress.
"Your Committee are of the Opinion that the State of Connecticut has offered to cede this Territory from an Idea that as she once claim'd all the Lands between the Parallels by which the State is bounded, as far West as the pacific Ocean she retains a good Right to such Parts as have not on different Occasions been cut off & vested in other Persons. They observe however that the State of Virginia lately claimed the whole of the Lands referred to as being within the Limits of her Charter and has after much Deliberation ceded them to Congress. If the State of Connecticut before that Cession was executed had thought fit to set up a Claim to any Part of that Territory her Title might have been fairly try'd under the 9th of the Articles of Confederation; but Connecticut seems to have waived her Claim while it might have been constitutionally determined, and has by her Delegates in Congress accepted of the Cession of Virginia & placed herself in a Situation in which it is not possible for her to defend her Claim by any Federal Process.
"Your Committee observes that the Claim of Connecticut to Western Territory so far as the same interfered with the State of Pensylvania has already been try'd by a federal Court and has been solemnly disallowed, if she had conceived that her Claim was better against Virginia she might have try'd that claim also.
"Your Committee are of the Opinion that Congress by accepting the proposed Cession of Connecticut would give some Countenance to her reservation of the other Tract which contains near 5 millions & an half of Acres. But do not think that Congress considering the Terms of the Virginia Cession can with Propriety give up so large a Tract of Territory. Nor do they see how Congress could refuse to give up a similar Tract to any other State provided any State should make farther claims against the Virginia Cession.
"On the whole, when it is considered that Congress is about to provide Lands for the Late Troops of the Connecticut Line which appears to be a principal object of this State in claiming and reserving Lands on the West Side of the Ohio and when it is considered that the Claim of Connecticut if continued must greatly disquiet the Union as there is not any Process by which it can be constitutionally determined your Committee submit that the partial Cession of the Claims of the State of Connecticut to western Territory cannot be accepted."
On a separate piece of paper with this draft, Williamson computed that the "tract" at issue consisted of 8,280 square miles (120 x 69) or 5,299,200 acres, concluding: "The Land, which the state of Connecticut propose to secure by their Reservation, is worth & would at this Inst. sell for Five millions of Dlrs."
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6 See N.C. State Records, 24:561.
7 See JCC, 27:446-53.
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