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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 --THURSDAY, MARCH 20, 1783
On the third reading of the Ordinance on the memorial of the inhabitants of Nantucket:
Ordered, That it be re-committed.
The report of the committee, appointed to consider the means of restoring and supporting public credit, and of obtaining from the states substantial funds for funding the whole debt of the United States, being under debate, and being in the words following, to wit:1
[Note 1: 1 From this point, the entries in the Journal are by George Bond.]
"Resolved, That it be recommended to the several states, as indispensably necessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest in the United States in Congress assembled, a power to levy for the use of the United States, the following duties upon goods imported into the said states from any foreign port, island or plantation:
"And upon all other goods, except arms, ammunition and cloathing, or other articles imported for the United States,
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a duty of five per cent. ad valorem; provided that there be allowed a bounty of 1--8th of a dollar for every quintal of dried fish exported out of these United States, and a like sum for every barrel of pickled fish, beef or pork, to be paid or allowed to the exporters thereof, at the ports from which they shall be so exported:
"Provided, that none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts which shall have been contracted on the faith of the United States, for supporting the present war, nor be continued for a longer term than twenty-five years: and provided, that the collectors of the said duties shall be appointed by the states, within which their offices are to be respectively exercised, but when so appointed, shall be amenable to, and removable by the United States in Congress assembled, alone, and in case any State shall not make such appointment withinafter notice given for that purpose, the appointment may then be made by the United States in Congress assembled:
"That it be further recommended to the several states, to establish for a like term, not exceeding twenty-five years, and to appropriate to the discharge of the interest and principal of the debts which shall have been contracted on the faith of the United States, for supporting the present war, substantial and effectual revenues, of such nature as they may respectively judge most convenient, to the amount ofand in the proportions following, viz.
"The said revenues to be collected by persons appointed as aforesaid, but to be carried to the seperate credit of the states within which they shall be collected, and be liquidated and adjusted among the states, according to the quotas which may, from time to time, be allotted to them:
"That an annual account of the proceeds and application of the aforementioned revenues, shall be made out and transmitted to the several states, distinguishing the proceeds of
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each of the specified articles, and the amount of the whole revenue received from each State.
"That none of the preceding resolutions shall take effect until all of them shall be acceded to by every State; after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them, without the concurrence of the whole, or of a majority of the United States in Congress assembled:
"That as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th of September and the 10th of October, 1780, relative to territorial cessions, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliance:
"That in order to remove all objections against a restrospective application of the constitutional rule, of proportioning to the several states the charges and expences which shall have been supplied for the common defence or general welfare, it be recommended to them to enable Congress to make such equitable exceptions and abatements as the particular circumstances of the states, from time to time, during the war, may be found to require:
"That conformably to the liberal principles on which these recommendations are founded, and with a view to a more amicable, complete adjustment of all accounts between the United States and individual states, all reasonable expences which shall have been incurred by the states without the sanction of Congress, in their defence against, or attacks upon British or savage enemies, either by sea or by land, and which shall be supported by satisfactory proofs, shall be considered as part of the common charges incident to the present war, and be allowed as such:
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"That as a more convenient and certain rule of ascertaining the proportions to be supplied by the states respectively, to the common treasury, the following alteration in the Articles of Confederation and perpetual union between these states be, and the same is hereby agreed to in Congress, and the several states are advised to authorise their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit:
"So much of the eighth of the Articles of Confederation and perpetual union between the thirteen states of America, as is contained in the words following, to wit: 'All charges of war,' &c. (to the end of the paragraph) is hereby revoked and made void, and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the number of inhabitants of every age, sex and condition, except Indians, not paying taxes, in each State; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint; provided always, that in such numeration no persons shall be included who are bound to servitude for life, according to the laws of the State to which they belong, other than such as may be between the ages of."
A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [James] Wilson, "that the report of the committee be postponed, in order to take up the following plan and recommendation:
"Whereas Congress did, on the 12th day of February last, resolve, 'that it is the opinion of Congress, that the establishment of permanent and adequate funds, on taxes or duties which shall operate generally and on the whole in just proportions throughout the United States, are indispensably necessary towards doing complete justice to the public creditors,
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for restoring public credit, and for providing for the future exigencies of the war.'
"And whereas it is the duty of Congress, on whose faith the public debts have been contracted for the common safety, to make every effort in their power for the effectual attainment of objects so essential to the honor and welfare of the United States, relying on the wisdom and justice of their constituents for a compliance with their recommendations; therefore,
"Resolved, That it be earnestly recommended to the several states, without delay, to pass laws for the establishment of the following funds to be vested in the United States, and to be collected and appropriated by their authority; provided that the officers for the collection of the said funds, shall be inhabitants of each State respectively in which they reside, and being nominated by Congress, shall be approved and appointed by such State, accountable to and removable by Congress; and provided that if after any nomination being reported to the State, the same is not approved or rejected at the next meeting of the legislature, the person or persons so nominated shall be deemed to be duly appointed, to wit:
A duty of 5 p cent ad valorem upon all goods imported from any foreign country into any part of these States, the following articles excepted which shall pay duty according to the rate hereafter specified.
"A duty of five per cent. ad valorem at the time and place of importation, upon all goods, wares and merchandises of foreign growth and manufactures, which may be imported into any of the said states from any foreign port, island or plantation, except arms, ammunition, cloathing and other articles imported on account of the United States or any of them; and except wool cards, cotton cards and wire for making them; and also except the articles hereafter enumerated, the duty on which shall be regulated according to the specified rates thereunto annexed.
All rum of Jamaica proof per gallon,4--90
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[The specifics mentioned in the report to be inserted]
"Also a duty of five per cent. ad valorem on all prizes and prize goods condemned in the court of admiralty of any of these states as lawful prize:
"A land tax at the rate of half a dollarninetieths of a dollar for every one hundred acres of located and surveyed land:
"A house tax at the general rate of half a dollar for each dwelling-house (cottages excepted) and at the additional rate of two and a half per cent. on whatever sum the rent of the said house may exceed twenty dollars, to be calculated on the actual rent, when the house is rented, and when in the occupancy of the owner, on an appraised rent by commissioners under oath, appointed by the state once in sevenyears; the lot and the appurtenances in towns, and in the country, the out houses, garden and orchard, to be comprehended with the dwelling house. The duties on imports to pass to the general benefit of the United States, without credit for the proceeds to any particular states; but the product of the land and house taxes to be credited to each State in which they shall arise. The said funds to continue till the principal of the debt due by the United States at the termination of the present war shall be finally discharged.
"That an estimate be transmitted to each State of the amount of the public debt as far as the same can be ascertained; and that Congress will inviolably adhere to their resolutions of the 16th day of December last, respecting the appropriation of any funds which may be granted, and the annual transmission of the state of the public debt, and the proceeds and disposition of the said funds; by which all doubts and apprehensions, respecting the perpetuity of the public debt, may be effectually removed:
"That none of the preceding resolutions shall take effect. &c. (in the words of the report, to the end.)"
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Resolved, That a committee be appointed to prepare an ordinance agreeable to the tenor of these resolutions with such additional provisions as may be found necessary to determine in the most explicit and precise manner the nature and extent of the said funds and of the powers to be vested in the United States for the collection and appropriation thereof, and that the said ordinance be transmitted to the several States with a recommendation that the same be incorporated with their acts.
Resolved, That in any case any of the States shall refuse to concur in the plan recommended by the preceding resolutions, it will become indispensable for Congress to require of the several States in payment at short periods sums necessary for the discharge of the principal of the public debt, in the proportions agreeable to the 8th Article of the Confederation.1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 36, IV, folio 75.]
And on the question for postponing, the yeas and nays being required by Mr. [Alexander] Hamilton,
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So it passed in the negative.1
[Note 1: 1 Here Charles Thomson resumes the entries in the Journal.]
On the memorial of the Officers of the Army of the United States of America of the Lines of Massachusetts, Connecticut, New York, New Jersey,
Addressed to Congress in their behalf by their several agents or Committees and preferred by the HonorableMcDougal, wherein among other matters is represented that the Memorialists regard the Act of Congress respecting half pay as an honorable and just recompense for several years hard service; but that they are at the same time apprehensive of the odious point of view in which the citizens of many of the states hold those resolves for half pay for life, yet at the same time they hope there is none who would wish to deny the justice of the reward, and that the objections rise only from the mode, &c., and therefore to prevent altercations and distinctions which may tend to injure the harmony which they ardently desire may reign throughout the community they by their agents aforesaid represent to Congress that they (in behalf of the several lines aforesaid) are willing to commute the half pay pledged as aforesaid for full pay for a certain number of years, or for a sum in gross as shall be agreed to by the Committee aforesaid sent with their address.
Congrass having taken into consideration the subject matter of this Memorial, and on that part which relates to the proposed commutation of the half pay for life (which Congress esteem to have been secured to the officers of the Army by the aforesaid resolutions, and to the just performance of which they look upon the United States to be bound and obliged) yet nevertheless on the application of the several lines aforesaid by their Committee authorised by them for that purpose, and to agree to such a commutation as they shall judge fit and best, and in consideration that such commutation may tend to promote harmony among the United States and conciliate those who have expressed their dissatisfaction to the mode establishing half pay for life, and having considered the state of the officers of the Army, with respect to their various ages and situations are of opinion that an allowance of full pay for the term of five years after the close of the war, and the time of their release or discharge may be on an average an equal compensation for their half pay for life.
Whereupon it is Resolved, That the officers of the several lines represented in said Memorial be and they are hereby severally and
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respectively entitled to have paid or secured to them on interest full pay for five years next ensuing after the end of the war, or the time of their discharge, in lieu and in full satisfaction of the half pay for life, heretofore engaged by the resolutions of Congress; provided that the Committee of the several lines aforesaid shall signify and express their approbation thereof and consent and agreement thereto in behalf of the officers of the several lines aforesaid they represent, and thereupon the commutation aforesaid shall be deemed firm and valid and conclusive to the officers of the several lines aforesaid.
And it is further Resolved, That all such deranged or retired officers, who are by former resolves of Congress entitled to half pay for life, shall in lieu thereof be entitled to five years full pay or security therefor or interest for the term of five years to commence from and after/
Provided the same be agreed to by the several lines, or by their agents or committees from the respective lines of such deranged officers aforesaid empowered and authorised thereto certified to Congress as aforesaid and which shall be binding on the several lines agreeing thereto as aforesaid, and that the accounts and demands of such deranged officers be adjusted settled and securities given accordingly.
And it is further Resolved, That all other lines in the army of the United States entitled to half pay for life as aforesaid, either those who are or shall remain in actual service during the war, or deranged as aforesaid shall and may be entitled to the same commutation of five years whole pay according to the true intent and meaning of the foregoing resolutions, provided they agree to the same in their several lines certified to Congress by their respective commanding officers, Committees or Agents for that purpose authorised and empowered, on or before the/1
[Note 1: 1 This motion, in the writing of Eliphalet Dyer, is in the Papers of the Continental Congress, No. 21, folio 327. The indorsement states that it was offered on this day, seconded by Mr. Bland, and "referred to Mr. [Alexander] Hamilton, Mr. [Eliphalet] Dyer and Mr. [Gunning] Bedford, together with the memorial from the Officers and report of the committee thereon."]
The committee of the week [Mr. William Floyd, Mr. John Montgomery, Mr. Eleazer McComb] report that the memorial of Dorsey Pentecost respecting the pay and subsistence of a company of Militia Rangers employed in the protection of the Western frontiers be referred to the Superintendant of Finance.2
[Note 2: 2 This report, in the writing of Eleazer McComb, is in the Papers of the Continental Congress, No. 32, folio 467. The indorsement states that it was passed on this day.]
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The Superintendant of Finance to whom was referred the Memorial of Thomas Liston begs leave to report,
That the claim of the Memorialist for pay due to him appears to be just and that in common with all others having such claims upon the United States he ought to be paid. But that there are no funds for the purpose.
That any partial payment to officers of the army would be attended with dangerous consequences because the demands of all are equally just altho they are not all in the same necessitous situation. And therefore,
That altho the Memorialist appears to be in very distressing circumstances which is unfortunately the case with many others, and altho he only asks a part of what is due to him, yet the prayer of his memorial cannot be complied with. All of which is humbly submitted.
18 March, 1783.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, II, folio 241. According to the indorsement it was read on this day.
On this day, according to the indorsement, was read a letter of March 19 from the Supreme Executive Council of Pennsylvania to the Delagates of that State in Congress, asking that the American commissioners be instructed to arrange for reasonable time to pay British creditors. It was referred to Mr. [Samuel] Osgood, Mr. [John Francis] Mercer and Mr. [Thomas] FitzSimons. It is in the Papers of the Continental Congress, No. 69, II, folio 425.
Also a representation of the General Assembly of Virginia of December 17, 1782, objecting to restitution of property, which was referred to the same committee. It is on folio 429.
Also a letter of March 16 from General Washington. It is in No. 152, XI, folio 127.]
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