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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, MAY 21, 1779
Mr. [Samuel] Huntington, a delegate from Connecticut, attended, and took his seat in Congress.
An appeal from the judgment of a court of admiralty for the State of Connecticut, on a libel Edward Conkling, &c.v. BrigBermuda &c, was lodged with the Secretary, and referred to the Committee on Appeals.
The delegates of Maryland informed Congress, that they have received instructions respecting the articles of confederation, which they are directed to lay before Congress, and to have entered on their journals; the instructions being read are as follows:
Instructions of the general assembly of Maryland, to George Plater, William Paca, William Carmichael, John Henry, James Forbes and Daniel of St. Thomas Jenifer, esqrs;
Gentlemen, Having conferred upon you a trust of the highest nature, it is evident we place great confidence in your integrity, abilities and zeal to promote the general welfare of the United States, and the particular interest of this state, where the latter is not incompatible with the former; but to add greater1 weight to your proceedings in Congress, and to take away all suspicion that the opinions you there deliver, and the votes you give, may be the mere opinions of individuals, and not resulting from your knowledge of the sense and deliberate judgment of the state you represent, we think it our duty to instruct you as followeth on the subject of the confederation, a subject in which, unfortunately, a supposed difference of interest
[Note 1: 1 Here the writing changes to that of Thomas Edison.]
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has produced an almost equal division of sentiments among the several states composing the union: We say a supposed difference of interests; for, if local attachments and prejudices, and the avarice and ambition of individuals, would give way to the dictates of a sound policy, founded on the principles of justice, (and no other policy but what is founded on those immutable principles deserves to be called sound,) we flatter ourselves this apparent diversity of interests would soon vanish; and all the states would confederate on terms mutually advantageous to all; for they would then perceive that no other confederation than one so formed can be lasting. Although the pressure of immediate calamities, the dread of their continuance from the appearance of disunion, and some other peculiar circumstances, may have induced some states to accede to the present confederation, contrary to their own interests and judgments, it requires no great share of foresight to predict, that when those causes cease to operate, the states which have thus acceded to the confederation will consider it as no longer binding, and will eagerly embrace the first occasion of asserting their just rights and securing their independence. Is it possible that those states, who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, will use with greater moderation the increase of wealth and power derived from those territories, when acquired, than what they have displayed in their endeavours to acquire them? we think not; we are convinced the same spirit which hath prompted them to insist on a claim so extravagant, so repugnant to every principle of justice, so incompatible with the general welfare of all the states, will urge them on to add oppression to injustice. If they should not be incited by a superiority of wealth and strength to oppressby open force their less wealthy and less powerful neighbours, yet the depopulation, and consequently the impoverishment of those states, will necessarily follow, which by an unfair construction of the confederation may be stripped of a common interest in, and the common benefits derivable from, the western country.1 Suppose, for instance, Virginia indisputably possessed of the extensive and fertile country to which she has set up a claim, what would be the probable consequences to Maryland of such an undisturbed and undisputed possession? they cannot escape the least discerning.
[Note 1: 1 Here the writing changes to that of George Bond.]
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Virginia, by selling on the most moderate terms a small proportion of the lands in question, would draw into her treasury vast sums of money, and in proportion to the sums arising from such sales, would be enabled to lessen her taxes: lands comparatively cheap and taxes comparatively low, with the lands and taxes of an adjacent state, would quickly drain the state thus disadvantageously circumstanced of its most useful inhabitants, its wealth; and its consequence in the scale of the confederated states would sink of course. A claim so injurious to more than one half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right. Yet what evidences of that right have been produced? what arguments alleged in support either of the evidence or the right; none that we have heard of deserving a serious refutation.
It has been said that some of the delegates of a neighbouring state have declared their opinion of the impracticability of governing the extensive dominion claimed by that state: hence also the necessity was admitted of dividing its territory and erecting a new state, under the auspices and direction of the elder, from whom no doubt it would receive its form of government, to whom it would be bound by some alliance or confederacy, and by whose councils it would be influenced: such a measure, if ever attempted, would certainly be opposed by the other states, as inconsistent with the letter and spirit of the proposed confederation. Should it take place, by establishing a sub-confederacy,imperium in imperio, the state possessed of this extensive dominion must then either submit to all the inconveniences of an overgrown and unwieldy government, or suffer the authority of Congress to interpose at a future time, and to lop off a part of its territory to be erected into a new and free state, and admitted into the confederation on such conditions as shall be settled by nine states. If it is necessary for the happiness and tranquillity of a state thus overgrown, that Congress should hereafter interfere and divide its territory; why is the claim to that territory now made and so pertinaciously insisted on? we can suggest to ourselves but two motives; either the declaration of relinquishing at some future period a portion of the country now contended for, was made to lull suspicion asleep, and to cover the designs of a secret ambition, or if the thought was seriously entertained, the lands are now claimed to reap an immediate profit from the sale. We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed
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by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct. Thus convinced, we should betray the trust reposed in us by our constituents, were we to authorize you to ratify on their behalf the confederation, unless it be farther explained: we have coolly and dispassionately considered the subject; we have weighed probable inconveniences and hardships against the sacrifice of just and essential rights; and do instruct you not to agree to the confederation, unless an article or articles be added thereto in conformity with our declaration: should we succeed in obtaining such article or articles, then you are hereby fully empowered to accede to the confederation.
That these our sentiments respecting the confederation may be more publicly known and more explicitly and concisely declared, we have drawn up the annexed declaration, which we instruct you to lay before Congress, to have it printed, and to deliver to each of the delegates of the other states in Congress assembled, copies thereof, signed by yourselves or by such of you as may be present at the time of the delivery; to the intent and purpose that the copies aforesaid may be communicated to our brethren of the United States, and the contents of the said declaration taken into their serious and candid consideration.
Also we desire and instruct you to move at a proper time, that these instructions be read to Congress by their secretary, and entered on the journals of Congress.
We have spoken with freedom, as becomes freemen, and we sincerely wish that these our representations may make such an impression on that assembly as to induce them to make such addition to the articles of confederation as may bring about a permanent union.
A true copy from the proceedings of December 15, 1778.
Test,J. Duckett, C. H. D.1
[Note 1: 1 Here Charles Thomson resumed the entries. These instructions are in thePapers of the Continental Congress, No. 70, folio 305. The declaration was read in Congress January 6, 1779. See p. 29ante.]
A letter, of 11th, and one of the 12th, from P. Henry, governor of Virginia, was read;2 Whereupon,
[Note 2: 2 These letters are in thePapers of the Continental Congress, No. 71, I, folios 225, 229.]
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Resolved, That the letters of Governor Henry, with that received from Thomson Mason, Esq. be communicated to General Washington, and that the Board of War be directed to replace as speedily as possible, the arms furnished by the State of Virginia, at the request of Congress, to the State of South Carolina, with such cartouch boxes as may be required by the delegates of Virginia.
Ordered, That the intelligence contained in the letters of Governor Henry be communicated to the Minister Plenipotentiary of France:
That the letters be referred to the Board of War.
A letter, of 20th, from Brigadier W. Thompson and S. B. Webb, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [Joseph] Spencer, Mr. [Samuel] Atlee, and Mr. [Nathaniel] Scudder.
A letter, of 20, from J. Connolly was read:
Ordered, That it be referred to the committee on the letter from the Board of War respecting J. Connolly.
A letter, of 12, from Captain James Willing was read:1
[Note 1: 1 Thompson's letter is in thePapers of the Continental Congress, No. 78, XXII, folio 633; that of Connolly, in No. 78, V, folio 355; that of Willing, in No. 78, XXIV, folio 29.]
Ordered, That it be referred to the Marine Committee.
A representation from the council and general assembly of the State of New Jersey, was read:
Ordered, That it be referred to the Board of War, and that they be directed to give the information required.
A memorial from John Dodge, accompanied with sundry papers, was read:2
[Note 2: 2 The New Jersey paper is in thePapers of the Continental Congress, No. 68, folio 451; Dodge's memorial, dated May 21, is in No. 41, II, folio 441.]
Ordered, That the same be referred to the Committee on Indian Affairs.
A letter, of 18, from the Board of War was read, accompanied with sundry papers relative to a claim of the Rev. Mr. David Jones:
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Ordered, That the same be referred to the Board of Treasury, to settle what allowance Mr. Jones shall receive for his extra services as surgeon to the 4th Pensylvania regiment.
A letter of this day from D. J. Miralles was read, respecting the three Spanish vessels captured and carried into Massachusetts bay:1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 78, XV, folio 445.]
Ordered, That the committee to whom the letter and memorial on this subject were referred, be directed to report to morrow morning.
The delegates for the State of Connecticut laid before Congress farther powers relative to the Articles of Confederation, which were read, and are as follows:
STATE OF CONNECTICUT,ss:
At a general assembly of the governor and company of the state of Connecticut, in America, holden at Hartford, by special order(L. S:) of the governor of the said state, on Wednesday, the 7th day of April, Anno Domini 1779.
It appearing to this assembly to be essentially necessary for the preservation, safety, independence, and sovereignty of the United States of America, that the articles of confederation and perpetual union be acceded to, ratified and confirmed: and whereas all of the said states, except Maryland, have agreed to and confirmed said articles of confederation, and Maryland hath not acceded to said articles as drawn up, for reasons heretofore published; and whereas the confederation of thirteen states may not be considered as obligatory on twelve states only:
Resolved, That the delegates of this state in Congress be directed and empowered, and full power and authority is hereby given and granted to the said delegates, in the name and behalf of this state, to enter into, ratify and confirm said articles of confederation and perpetual union with the states of New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia, in the most full and ample manner; always provided that the state of Maryland be not thereby excluded from acceding to said confederation at any time hereafter. A true copy of record:
Examined by
George Wyllys,Secretary.
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Congress resumed the consideration of the report of the Board of Treasury on finance, and in considering the resolution under debate on Wednesday,
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [William] Carmichael, to strike out "January," in the last line; and in the room thereof insert "April;" and, on the question, shall the word "January" stand,
The yeas and nays being required by Mr. [Elbridge] Gerry,
{table}
On the question to agree to the resolution as amended,
Resolved in the affirmative.
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Resolved, That these United States be called upon, in addition to the sum required by a resolution of Congress of the 2d January last, for their respective quotas of 45,000,000 of dollars, to be paid into the continental treasury before the first day of January next, in the proportion following:
Georgia being invaded, is hereafter to raise her proportion.
Resolved, That the said several sums, or any greater sums, which shall be paid by any of the states into the continental treasury, shall be passed to their respective credits on interest, on the same terms as are prescribed by the resolution of Congress, passed the 22 November, 1777.
Resolved, That a committee of three be appointed to prepare an address to the several states on the present situation of affairs, and particularly on the necessity of paying their respective quotas:
The members chosen, Mr. [John] Dickinson, Mr. [William Henry] Drayton, and Mr. [James] Duane.
Adjourned to 10 oClock to Morrow.
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