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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 --PREFATORY NOTE
The surrender of Lord Cornwallis, on October 19, 1781, and the meeting, in Paris, in the spring of 1782, of Envoys from the United States and England, to arrange terms of peace between the two countries, produced a feeling of reasonable confidence that the Revolution was drawing to a close. Thus the chief problems before the Congress were no longer mainly of a military character. The Army was maintained on a war basis as a precautionary measure, but arrangements were made for its reduction. Here, however, the difficulty which presented itself on every side arose to embarrass the Government. To raise an Army without regular funds with which to pay for it had been a difficult task; but to reduce or disband it without funds to pay for the services it had performed was even more difficult, and might be dangerous as well. General Washington reported to Congress that the Army was becoming very discontented.
A serious incident occurred, which threatened to interrupt the passive attitude of the American and British forces. On April 29 a letter, of April 20, from General Washington was read, reporting that Captain Joshua Huddy, commanding a small body of American troops, had been captured and hanged by Tory refugees in Monmouth County, New Jersey, under Captain Richard Lippincott. Captain Charles AsgilI, a British officer of rank equal with Huddy's, a prisoner of war, was selected by lot to suffer the same fate as Huddy, in retaliation. His fate hung in the balance while General Washington and Sir Guy Carleton were in correspondence over the question of the guilt and punishment of Lippincott.
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Finally, a letter from Count Vergennes, asking clemency for Asgill, saved him, and he was set at liberty November 7.
As the Government flowed on in peaceful channels, sectional jealousy and maneuvering for sectional advantage began to be visible. The question of the admission of Vermont to the Union was before Congress during the whole year. At first the members had been generally favorable to the admission; but information reached them impugning the purposes and methods of the Vermonters, and caused a change of sentiment. The Southern members, however, believed that the Eastern members wanted to seat a Vermont delegation, so that their section would have additional votes.
The elaboration of the Government, to fit the purposes for which it was formed, progressed during the year. The Post Office was reorganized; the Department of Foreign Affairs was formed; the foreign diplomatic and consular establishment was enlarged. Holland recognized American independence in July; in September Sweden was ready to make a treaty. Various departments of the Army were arranged, and regulations made for the War Department. The duties of the Secretary of Congress were defined, and he became in some sort the Secretary of State. He corresponded with the States, and was the keeper of the Great Seal. After six years of delay, it had been adopted on June 20, and the Government now had a mark of its authority and a coat of arms. The judiciary system was in operation. The Court of Appeals in cases of capture tried cases, and a special court was organized, in the manner prescribed by the Articles of Confederation, to settle the boundary controversy between Pennsylvania and Connecticut. So far as the ordinary functions went, the Government was working fairly well, and might have lasted for many years, if it had not been for fatal weakness at the most vital point.
On January 29 Robert R. Livingston, the Secretary of Foreign Affairs, told Congress that the French Minister had
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informed him that France would lend the United States no more money. On May 8 the Minister told him France wanted an accounting with the United States. Nevertheless, on September 17, Congress asked the French Government for $4,000,000 more. It had no alternative. There was no way of running the Government except by foreign loans.
No blame can attach to the Congress for the failure to obtain money at home. The Articles of Confederation said that the quotas for Federal expenses should be apportioned among the States according to the value of the land in each State; but, when an arrangement for making the valuation was attempted, it was found that there were serious difficulties in the way of carrying it out. Was the value of land a fair test of the financial capacity of the several States? If it was, who could make it in a satisfactory manner? Sharp differences of opinion on the wisdom and practicability of the plan developed. An apportionment by population of the States was proposed, and the subject was debated from day to day without result.
The efforts to obtain money from the States went on, but they had insignificant results. On March 15 the draft of a circular letter to the States was rejected because of the indiscreet disclosures it made. It stated that the inattention of the States to the demands of Congress for money had endangered our very existence as a people. On May 22 the condition of the allotments was reported. Some States had passed no tax laws to raise their share; others had arranged for only a part of theirs; none had made satisfactory arrangements. Congress appointed deputations to go to the Eastern and Southern States, and represent the necessities that confronted the Federal Government. They returned with discouraging reports. They even found that certain States, having raised money to meet their quotas, were appropriating it to their own uses.
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Congress had hopes of relief from the 5 per cent impost which it had asked the States to levy for Federal purposes. The tax would not realize a sufficient sum by itself, but the amount would be a great help to the tottering credit of the country. Rhode Island refused to lay the tax; and, when a deputation from Congress had started to visit the State, in the hope of causing it to change its action, word was received that Virginia had withdrawn her consent to the tax. It seemed useless to hope to obtain funds which required unanimous action by all the States. When the estimate of $6,000,000, to run the Government for 1783, was submitted, the States were asked to raise their quotas by levying special taxes, which should be for Federal uses only, and should be paid to Federal collectors, but this request was not granted. Pennsylvania sent a memorial to Congress, praying that she be allowed to pay Pennsylvanians, who were creditors of the United States, out of the money raised by her for Federal purposes. The plan produced alarm, for, if all the States should adopt it, the Federal Government would have no funds at all.
The vast areas of back lands which were to come to the Federal Government offered a gleam of hope. They could be made the basis of a large fund; but the terms of the cessions were not yet agreed upon.
Thus the year closed with prospects of success in achieving independence, and with problems of government confronting the Congress which threatened its existence.
The Journals for 1782 are meager. For many days there are no entries at all, and yet on those days Congress sat and transacted business. So far as it was possible to do so, the gaps have been supplied by the other papers of the Congress.
In Volume Ill of this edition of the Journals, my predecessor, Mr. Ford, added to the Journals for 1775 the notes of
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debates by John Adams; and in Volume VI, for 1776, the notes of Adams and Thomas Jefferson. Following this plan, I have added to the volumes for 1782 the important journal of debates of James Madison.
Gaillard Hunt
Chief of Division of Manuscripts, Editor
Herbert Putnam
Librarian of Congress, June, 1914
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