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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, FEBRUARY 6, 1783
Mr. John Francis Mercer, a delegate for the Commonwealth of Virginia, attended and produced his credentials, by which it appears, that on the 18 of December, 1782, he was elected in the room of Edmund Randolph, esq. resigned, to represent that State until the first Monday in November next.
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VIRGINIA
In The House of Delagates
Wednesday the 18th. of December 1782.
The House proceeded according to the Order of the Day by joint Ballot with the senate to the Choice of a Delegate to represent this State in Congress until the first Monday in November next in the room of Edmund Randolph Esqr. who hath resigned and the members having prepared Tickets with the Name of the Person to be appointed and deposited the same in the Ballot Boxes Mr. Cabell, Mr Thompson and Mr Matthews were appointed a Committee to meet a Committee from the Senate and jointly with thereto examine the Ballot Boxes, and report to the House on whom the Majority of Votes should fall.
The Committee then withdrew and after some Time returned into the House and reported that they had according to order met a Committee from the Senate in the Conference Chamber and jointly with them examined the Ballot Boxes and found a Majority of Votes in Favor of John Francis Mercer Esquire.
Extract from the Journal.
John Beckley C. H. Ds.
VIRGINIA
In the Senate
December 18th. 1782.
The House proceeded according to the order of the day by joint ballot with the House of Delegates to the choice of a Delegate to represent this State in Congress until the first Monday in November next in the room of Edmund Randolph esquire who hath resigned and the members having prepared Tickets with the name of the person to be appointed and deposited the same in the ballot Boxes Mr. Ellzey, Mr Bassett and Mr. Jameson were appointed a Committee to meet a Committee from the House of Delegates and jointly with them to examine the ballot boxes and report to the House on whom the Majority of Votes should fall.
The Committee then withdrew and after sometime returned into the House and reported that they had according to order met a Committee from the House of Delegates in the Conference Chamber and jointly with them examined the ballot boxes and found a Majority of Votes in favor of John Francis Mercer esquire.
Extract from the Journal.
Will Drew, C. S.1
[Note 1: 1 The originals are in the Papers of the Continental Congress, Virginia, Credentials of Delegates. They were entered in No. 179, Record of Credentials, and not in the Journal.]
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According to order, the report of the committee of the whole was taken into consideration, and a proposition reported from the committee, being amended to read as follows:
The Committee, appointed to devise and report the most effectual mode of estimating the value of the lands in the United States for the purpose mentioned in the Articles of Confederation, submit the following Resolve, viz:
Whereas by the Articles of Confederation and perpetual union, it is agreed and declared that the United States in Congress assembled shall have authority to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expences; 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 value of all land within each State, granted to or surveyed for any person, as such land, and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint; and that the taxes for paying that proportion, shall be laid and levied by the authority and direction of the legislature of the several states, within the time agreed on by the United Stales in Congress assembled.
In order that the treasury of the United States may be supplied in the manner above mentioned, for defraying all the charges of war and other expences which have been or shall be incurred for the common defence or general welfare, and allowed by Congress, and that each State may have due credit, according to the principle aforesaid, for the sums of money which it has furnished on the requisitions of Congress, or for the service of the United States:
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Resolved, That the legislatures of the several states be, and they are hereby required to pass laws, with such clauses and provisions as may be necessary and effectual, for forming or dividing their respective states into such districts as they may judge most convenient and proper, to procure an accurate estimate of the value of all lands in such State, granted to or surveyed for any person, and of the buildings and improvements thereon, appointing commissioners, principal freeholders, resident in the district where the land to be valued lies, to obtain such valuation; and directing that the said commissioners take an oath or affirmation, faithfully to execute the duties enjoined on them; that in each district, they return to the executive authority of the State, a list or schedule of the names of the respective owners of all the land in such district, which at the time of taking such list shall have been granted to or surveyed for any person, together with an account of the quantity of such land, and of the value in specie dollars of the same, and of the buildings and improvements thereon; and that the executive authority of the State transmit to Congress, on or before the first day of January next, returns of the quantity of land in each district, and of the value of the said land, and of the buildings and improvements thereon, [together with copies of the laws passed by the legislature for the purpose aforesaid, in order that Congress may examine such estimates, and if they shall be approved of by them, that they may proceed to make such requisitions upon the respective states, as shall be agreeable to the Articles of Confederation.]1
[Note 1: 1 This report, in the writing of John Rutledge, except the part in brackets, which is in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 24, folio 79. The following, in the writing of John Rutledge, is flied with the report, and is on folio 73: "together with copies of the Laws passed by the Legislature for the required, may determined on such mode as they shall think most proper for estimating the Value of the said Lands and of the Buildings and Improvements thereon in each State upon Principles of Justice and Equity. R. That Congress will direct a mode whereby the Value of the said Lands and of the Buildings and Improvements thereon in each State shall be Estimated upon Principles of Justice and Equity within three Months after the said 1 day of January next; that they will do so with respect to such states as shall fail to make the returns aforesaid within the time above limited, upon the best information that Congress can otherwise obtain; and that the first estimate of valuation continue for a term not exceeding 5 years from the time when it shall be made." According to the indorsements on the report, and the record in Committee Books Nos. 186 and 191, Mr. [John] Rutledge, Mr. [Samuel] Osgood, Mr. [Abner] Nash, Mr. [James] Madison and Mr. [James] Duane were appointed, en November 20, 1782, a committee to report on a motion of Mr. [David] Howell and Mr. [Joseph] Jones for estimating the value of lands. On December 6, Mr. [Abraham] Clark was appointed on the committee, in place of Duane. Rutledge submitted his draft to Nash, in a letter dated January 4, 1783, which is in No. 24, folio 72. The committee delivered a report, January 6, 1783, and Thursday, January 9, was assigned for its consideration. It was debated January 9 and consideration postponed "till tomorrow". On January 13 the report was referred to a grand committee, consisting of Mr. [John Taylor] Gilman, Mr. [Nathaniel] Gorham, Mr. [Jonathan] Arnold, Mr. [Eliphalet] Dyer, Mr. [Alexander] Hamilton, Mr. [Jonathan] Elmer, Mr. [James] Wilson, Mr. [Samuel] Wharton, Mr. [Daniel] Carroll, Mr. [James] Madison, Mr. [Benjamin] Hawkins and Mr. [John] Rutledge, and this committee was "to meet in the committee room Tuesday, January 14, in the afternoon at six o'clock". On January 31, the business was referred to the committee of the whole, and the amended report delivered February 6. It was debated and revised and on February 11 referred to another committee.
The following undated motion in the writing of Alexander Hamilton, and indorsed. "Motion of Mr. Hamilton," is in the Papers of the Continental Congress, No. 36, TV, folio 73:]
Resolved, That in order to enable Congress to form an eventual plan towards carrying into execution the 8th. article of confederation the several States be required to pass laws for forming or dividing their respective States into such districts as they judge most convenient for procuring an accurate valuation of the lands and of the buildings and improvements thereon, and to appoint Commissioners in each district to return to them the quantity of land in such District, the quantity surveyed, the quantity in actual occupation, the general quality of the land, the number and kind of buildings, the average rate at which lands under improvement and lands unimproved are usually sold in such district; and also an account of the males between 16 and 60, distinguishing the whites from the blacks, within such district, and that the executive of each State transmit such returns to Congress on or before the 1st. of January 1784.
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A motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [Thomas] Fitzsimmons, to postpone the resolution before the house, and to take into consideration the following motion:
Whereas the carrying into execution the 8th Article of the Confederation, relative to a valuation of land, for ascertaining the quotas of each State towards the general expence, in a manner consistent with justice to all the members of the
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union, and with such accuracy as the importance of the subject demands, will necessarily be stranded with very considerable expence, to which the present state of the public finances is inadequate: and whereas in a matter so fundamental in the Confederation, it is essential to the harmony and welfare of the United States, that the said article should be carried into effect with great care, circumspection and impartiality, and a short delay will be much less pernicious than a defective execution; therefore,
Resolved, That Congress are under a necessity of deferring the attempt to a period when the situation of the finances of the United States will admit of the necessary expence for effecting the object with as much precision and equity as possible; and that they will then proceed to such valuation, by commissioners appointed by them and acting under their authority, upon principles uniform throughout the United States: that when this valuation is complete, Congress will finally adjust the accounts of the United States with the States seperately, agreeable to that standard, making equitable abatements to such States as have been more immediate sufferers by the war; and in the mean time will adhere, in the temporary adjustment of those accounts, to the proportions established, from time to time, by the several requisitions of Congress; that, for the information of Congress, in forming an eventual plan, those States which have already made valuations of their lands respectively, be requested to transmit to Congress the amount of such valuations, with an explanation of the principles on which they have been made.1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 81, folio 333.]
A division was called for, and on the general question to postpone the consideration of the resolution before the house, the yeas and nays being required by Mr. [Alexander] Hamilton,
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So the question was lost.
On the question to agree to the resolution, the yeas and nays being required by Mr. [John Lewis] Gervais,
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So the question was lost.
The Committee [Mr. Alexander Hamilton, Mr. Richard Peters and Mr. Samuel Osgood] to whom was referred the Memorial from Mr De Cazeau report,
That it appears by Mr Cazeau's representation that he was possessed of large property in Canada--that he took an early and decided part in favor of the American revolution--rendered services to our army in that country by supplies of provisions and otherwise which were productive of immediate loss to him, and attempted to render still greater services in which he was unsuccessful; that his conduct and principles drew upon him the resentment of the British government which operated in the sequestration of all his property, in the imprisonment of himself and son and in other outrages; that he made his escape from prison, and after encountering many dangers and hardships, has arrived among us, destitute of every thing, to throw himself upon the justice and generosity of Congress.
That it appears by other respectable testimony that Mr Cazeau was a man of influence and property in Canada and has been ruined by his attachment to the American cause.
The Committee however are upon the whole of opinion, that as it is impossible now to judge of the eventual circumstances of Mr Cazeau and of the precise extent of his services and sacrifices, Congress can ought not at present to take up the general consideration of his case, but that policy and justice require as fax as the situation of public affairs will permit some relief to his distresses, they therefore advise that the Superintendant of finance be directed to advance him one thousand dollars on account.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 19, I, folio 551. The indorsement shows that it was referred on this day to the Superintendent of finance to take order. According to the record in Committee Book No. 186, the committee was appointed January 9.]
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