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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, SEPTEMBER 25, 1783
At the request of Mr. [Samuel] Holten, a delegate for the State of Massachusetts, the letter of the 11th of July, 1783, from the Legislature of that State, was entered on the Journal as follows:
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Commonwealth of Massachusetts,
Boston, July 11, 1783.
Sir: The address of the United States in Congress assembled has been received by the legislature of the Commonwealth of Massachusetts; and while they consider themselves as bound in duty to give Congress the highest assurance, that no measures consistent with their circumstances, and the constitution of this government and the foederal union, shall remain unattempted by them, to furnish those supplies which justice demands, and which are necessary to support the credit and honor of the United States; they find themselves under a necessity of addressing Congress, in regard to the subject of the half-pay of the officers of the army, and the proposed commutation thereof, with some other matters of a similar nature, which produce among the people of this Commonwealth the greatest concern and uneasiness, and involve the legislature thereof in no small embarrassments.
The Legislature have not been unacquainted with the sufferings, nor are they forgetful of the virtue and bravery of their fellow-citizens in the army; and while they are sensible that justice requires they should be fully compensated for their services and sufferings, at the same time it is most sincerely wished that they may return to the bosom of their country, under such circumstances, as may place them in the most agreeable light with their fellow-citizens.
Congress, in the year 1780, resolved, that the officers of the army, who should continue therein during the war, should be entitled to half-pay for life; and at the same time resolved, that all such as should retire therefrom, in consequence of the new arrangement which was then ordered to take place, should be entitled to the same benefit: a commutation of which half-pay has since been proposed.
The General Court are sensible that the United States in Congress assembled are, by the Confederation, vested with a discretionary power, to make provision for the support and payment of the army, and such civil officers as may be necessary for managing the general affairs of the United States: but in making such provision, due regard ever ought to be had to the welfare and happiness of the people, the rules of equity, and the spirit and general design of the Confederation. We cannot on this occasion avoid saying that, with due respect, we are of opinion, those principles were not duly attended to, in the grant of half-pay to the officers of the army; that being, in our opinion, a grant of more than an adequate reward for their services and inconsistent with that equality which ought to
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subsist among citizens of free and republican states. Such a measure appears to be calculated to raise and exalt some citizens in wealth and grandeur, to the injury and oppression of others, even if the inequality which will happen among the officers of the army, who have performed from one to eight years' service, should not be taken into consideration.
The observations which have been made with regard to the officers of the army, will in general apply to the civil officers appointed by Congress, who, in our opinion, have been allowed much larger salaries than are consistent with the state of our finances, the rules of equity, and a proper regard to the public good: and indeed, if the United States were in the most wealthy and prosperous circumstances, it is conceived that oeconomy and moderation, with respect to grants and allowances, in opposition to the measures which have been adopted by monarchical and luxurious courts, would most highly conduce to our reputation, even in the eyes of foreigners, and would cause a people, who have been contending with so much ardor and expence for republican constitutions and freedom, which cannot be supported without frugality and virtue, to appear with dignity and consistency; and at the same time would, in the best manner, conduce to the public happiness.
It is thought to be essentially necessary, especially at the present time, that Congress should be expressly informed, that such measures as are complained of, are extremely opposite and irritating to the principles and feelings which the people of some Eastern States, and of this in particular, inherit from their ancestry.
The Legislature cannot, without horror, entertain the most distant idea of the dissolution of the union, which subsists between the United States, and the ruin which would inevitably ensue thereon; but with great pain they must observe, that the extraordinary grants and allowances which Congress have thought proper to make to their civil and military officers, have produced such effects in this Commonwealth, as are of a threatening aspect. From these sources, and particularly from the grant of half-pay to the officers of the army, and the proposed commutation thereof, it has arisen, that the General Court has not been able hitherto to agree in granting to the United States, an impost duty, agreeable to the recommendation of Congress; while the General Assembly, at the same time, have been deeply impressed with a sense of the necessity of speedily adopting some effectual measures for supplying the continental treasury, for the restoration of the public credit, and the salvation of the country:
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and propose, as the present session is near terminating, again to take the subject of the impost duty into consideration early in the next. From these observations you may easily learn the difficult and critical situation the Legislature is in, and they rely on the wisdom of Congress to adopt and propose some measures for relief in this extremity.
In the name and by order of the General Court,
We are your Excellency's most obedient humble servants,
S. Adams,
President of the Senate,
Tristram Dalton,
Speaker of the House of Representatives.
His Excellency the President of Congress.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 65, II, folio 185.]
Congress resumed the consideration of the report of the committee, to whom was referred the report of the committee, on the letter of the 11th of July, from the legislature of Massachusetts, and the same being read as follows:
That the subjects of complaint in the said letter are the grant of half-pay for life to the officers of the army; the commutation granted to the said officers of five years' whole pay, in lieu of the said half-pay; and the salaries allowed to the civil officers of Congress.
That without dwelling on the reasonableness and justice of a provision in favor of those whose former professions, pursuits and prospects, have in a long course of military service, given place to habits and acquirements, which on the return of peace, however honorable they may be to the possessor, cease to be a source of profit to him,
or urging the example of other nations who have considered such provision as indispensable since war is become a science and is carried on by regular armies2
[Note 2: 2 This paragraph, in the writing of James Madison, is in the Papers of the Continental Congress, No. 20, I, folio 155.]
Your committee observe, that the half-pay was granted at a critical period of the war, when our finances were embarrassed, our credit impaired, our army distressed, the
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officers discontented, and resignations so general, as to threaten the dissolution of a corps on whose military experience the public safety, in the judgment of the Commander in Chief, greatly depended. The first grant was limited to seven years, but not being deemed satisfactory by the army, the evil of resignations continued to prevail to so alarming a degree, as to require a more effectual remedy; and the grant of half-pay to the officers was extended for life.
Your committee are persuaded that no doubt can be entertained, but that Congress were of opinion, that this provision was alone competent, if it was not the only one at that time in their power, to establish a military force capable of opposing the dangers with which the United States were then surrounded. That although it is to be regretted that any measure has been adopted by Congress, which has given uneasiness to the legislature or the citizens of the Massachusetts; yet
it is to be considered that the diversity of sentiments and circumstances among the constituents of Congress must often render partial disapprobations an inevitable consequence of measures which in a collective view have the most salutary tendency; and that1
[Note 1: 1 The part struck out, which was not accepted, in the writing of James Madison, is in the Papers of the Continental Congress, No. 20, I, folio 155.]
experience has shewn how essentially that provision in question has contributed to the stability of the army, to its perfection in discipline, to the vigor and decision of its operations, and to those brilliant successes which have hastened the blessings of a safe and honorable peace.
Your committee hold it to be the bounden duty of Congress, to leave no effort unessayed, that may enable them to conform to the known and express sense of their constituents; but a perfect compliance with the wishes of any one every part will often be found, on after due consideration, to be unjust and by experience to has been proven to be impracticable.
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In the general council where such variety of interest and contraricty of sentiment are combined, the deputies of the respective states are constrained to make mutual concession the basis of many national acts, and that which will be found most beneficial to the whole will never be framed in exact conformity to the partial view or prejudices of a part. Your committee are of opinion that Congress have every reason to be assured that by far the greater part of their constituents consider the engagement of half pay to the officers as a measure not only originally expedient and well timed, but wise, equitable and just. Still however an anxiety to accommodate their acts to the sentiments of every part of the Union (however late expressed as far as they judged would be consistent with the honor and good faith of government and that duty which they owed to the whole) prompted Congress as they are instructed to adopt to commutation of the half pay for a sum in gross
Your committee consider the measure of Congress, as the result of a deliberate judgment, framed on a general view of the interests and sentiments of the Union at large. They conclude it to be a truth, that no State in this Confederacy can claim (more equitably than an individual in a society) to derive advantages from a union, without conforming to the judgment of the a constitutional majority of those who compose it; still, however, they conceive it will be found no less true, that if a State every way so important as Massachusetts, should ever withhold her solid support to constitutional measures of the Confederacy, the result must be a dissolution of the union; and then she must hold herself as alone responsible for the anarchy and domestic confusion that may succeed, and for exposing all these confederated states (who, at the commencement of the late war, leagued to defend her violated rights) an easy prey to the machinations of their enemies, and the sport of European politics; and therefore they are of opinion that Congress should still confide, that a free, enlightened and generous people will never hazard consequences so perilous and alarming;
in order to wrest any art of their well earned dues, rom a meritorious army to whom under God, we are chiefly indebted for our existence as a nation, and the power of deliberating on their fate
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and in all circumstances rely on the wisdom, temper and virtue of their constituents, which (guided by an all-wise Providence) have ever interposed to avert impending evils and misfortunes.1
[Note 1: 1 This paragraph and that next preceding it, in the writing of John Francis Mercer, are in the Papers of the Continental Congress, No. 20, I, folio 151.]
Your committee beg leave further to observe, that from an earnest desire to give satisfaction to such of the states as expressed a dislike to the half-pay establishment, a sum in gross was proposed by Congress, and accepted by the officers, as an equivalent for their half-pay. That your committee are informed, that such equivalent was ascertained on established principles which are acknowledged to be just, and adopted in similar cases: but that if the objections against the commutation were ever so valid, yet as it is not now under the arbitration of Congress, but; an act constitutionally and finally adopted, and the national faith pledged to carry it into effect, they could not be taken into consideration.
With regard to the salaries of civil officers it may be observed, that the necessaries of life have been very high during the war and particulary so where the publick business has been principally transacted: hence it has happened that even the salaries complained of, have not been found sufficient to induce persons properly qualified to accept of many important offices, and the public business is left undone.
Your committee are nevertheless of opinion, that since the cessation of hostilities, and the reduction of the price of most of the necessaries of life the expence of living is moderated, and that a considerable reduction may be made in the civil list.2
[Note 2: 2 A fair copy of this report is in the Papers of the Continental Congress, No. 20, I, folios 147 and 148. The rough copy is on folios 149, 151, 155 and 159, being in the writing of James Duane, except the paragraphs noted above as being in the writing of James Madison and John Francis Mercer. The indorsement, and the record in Committee Books No. 186 and No. 191, show that it was the report of Mr. [James] Madison, Mr. [John Francis] Mercer and Mr. [James] Duane, to whom the report of Duane, Lee and Huntington had been referred on September 18.]
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On the question to agree to this report, the yeas and nays being required by Mr. [Samuel] Holten,
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So it was resolved in the affirmative.
The committee, consisting of Mr. [James] Madison, Mr. [Stephen] Higginson and Mr. [Alexander] Hamilton, to whom was referred a letter from Dr. Franklin, of the 15th of April last, reported the draught of a proclamation, which was agreed to as follows:
By the United States in Congress assembled.
A PROCLAMATION.1
[Note 1: 1 This proclamation was also entered in the manuscript Secret Journal, Foreign Affairs.]
Whereas in pursuance of a plenipotentiary commission, given on the 28th day of September, one thousand seven hundred and eighty-two, to the hon. Benjamin Franklin, a treaty of amity and commerce between his Majesty the King of Sweden and the United States of America, was on the third day of April, one thousand seven
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hundred and eighty-three, concluded by the said Benjamin Franklin, with a minister plenipotentiary, named for that purpose, by the said king: and whereas the said treaty hath been duly approved and ratified by the United States in Congress assembled, and a translation thereof made in the words following:
[Here insert the treaty in English, vide July 29.]
Now therefore, to the end that the said treaty may with all good faith be performed and observed on the part of these states, all the citizens and inhabitants thereof, and more especially all officers and others in the service of the United States, are hereby enjoined and required to govern themselves strictly in all things according to the stipulations above recited.
Done in Congress, at Princeton, this twenty-fifth day of September, in the year of our Lord one thousand seven hundred and eighty three, and of our sovereignty and independence the eighth.
Elias Boudinot, President.
Charles Thompson, Secretary.1
[Note 1: 1 The draft of the proclamation, in the writing of James Madison, is in the Papers of the Continental Congress, No. 29, folio 323.]
The committee, consisting of Mr. [Abraham] Clark, Mr. [Hugh] Williamson and Mr. [James] Duane, to whom was referred a memorial of Stephen Moore, report,
That the memorialist is proprietor of a tract of land containing by estimation eleven hundred acres, lying in the highlands, on the west side of Hudson's river.
That the fortifications and barracks at West Point and its vicinity are erected within the said tract, from which a considerable quantity of timber and wood has been taken for the use of those works, and the garrison posted there in the course of the war.
That in pursuance of an act of Congress of the 18th day of December, 1779, the quartermaster general returned an estimate of the damages which had been then sustained by the memorialist amounting to two hundred and ninety two thousand Dolls of the paper emissions.
That on the 7th of February, 1780, an order issued on the treasury in favor of the said memorialist for ten thousand
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dollars, and also a draft on the governor of North Carolina for thirty thousand dollars, both towards satisfaction for the said damages.
That the memorialist claims not only the arrears due to him on the before-mentioned estimate, but also the value of wood and timber cut and taken for repairing and improving the said fortifications, and accommodating the garrison since that period; together with a reasonable rent for the use of the said land.
Upon this state of facts, the committee are of opinion, that the interest of the public, and of the memorialist, will be best promoted by a final settlement of the claims under consideration, without any regard to the partial estimates grounded on the before-mentioned act of the 18th of December, 1779.
Whereupon, Resolved, That the Superintendant of finance take order for ascertaining the quantity and value of the wood and timber, also of the hay which have been taken from the lands of the memorialist, Stephen Moore, at West Point, for the public use, by referring the same to the determination of three disinterested persons, who shall be upon oath, one of whom shall be chosen by the Superintendant of finance, another by the memorialist, and a third by the two first chosen. They shall also determine the rent of the buildings formerly erected, and of the lands from the time they have been in possession of the public.
That the several sums already received by the memorialist from the United States, on account of the said lands; shall be charged against him according to its value by the scale of depreciation of the 28th day of June, 1780; and the balance shall be paid or secured to him in the same manner as other similar claims are paid or secured; the memorialist on his part giving sufficient security to indemnify the United States against any claims made upon the said lands.
Whereas much labour has been expended on the several fortifications at and near West Point and the buildings and materials are of
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great value, your Committee are of the opinion that it would be adviseable to purchase the fee simple of such part of the soil as will be commodious for the said fortifications and buildings, that the propriety of such a purchase will not be lessened even if the post at West Point should be abandoned on the peace because if the right of soil should be vested in the public the buildings may be disposed of to much greater advantage than can be expected if they should be demolished and the materials only converted into money, but your Committee are unable to determine how much of the land will be necessary for the purpose above suggested, on which they submit the further Resolve,
That the Secretary at War be directed to enquire into and report to Congress the quantity and limits of the land which may be proper to purchase from the memorialist for the uses herein specified, and that the Superintendant of Finance be authorized in behalf of the United States to enter into an agreement for ascertaining a reasonable price for the said land independant of the buildings and improvements thereon. The land and its former improvements to be rated according to the present value of such estate supposing it to be in the condition in which it stood when the public first took possession of it, and that such price be determined in the manner already proposed for determining the value of the timber &c.
That the memorialist on receiving payment or security to his satisfaction for the lands and improvements which may be purchased from him shall execute a conveyance for the same, such as the Superintendant of Finance shall approve for the use of the U.S. in fee simple.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, IV, folio 95. According to the indorsement, the report was delivered August 22, entered and read. See ante, July 8, note.]
According to order, the house was resolved into a Committee of the Whole, to take into consideration the report of the committee appointed to consider what jurisdiction may be proper for Congress in the place of their permanent residence: Mr. [Daniel] Carroll was elected to the chair. After some time the President resumed the chair, and Mr. [Daniel] Carroll reported, that the Committee of the Whole had taken into consideration the report referred to them,
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and made some progress therein, but not having come to a conclusion, desire leave to sit again tomorrow.
Ordered, That leave be granted.
The Committee consisting of Mr [James] Duane, Mr [John] Rutledge, Mr [Thomas] Fitzsimmons, Mr [Elbridge] Gerry, and Mr [Stephen] Higginson, appointed to consider the late despatches from the Ministers of the United States at Foreign Courts and to report what measures are necessary to be taken thereupon, having already laid before Congress an analysis of those despatches, proceed now to the discharge of the remaining duty for which they were appointed namely to give their opinion on the steps which will be proper to be taken by Congress on the subjects of those despatches.
That it appears from Mr Adams' letters of the 23rd of June, and the 14th and 18th of July, the Ministers Joint letter of the 27th and Doctor Franklin's of the 22nd of July, that the Court of Great Britain had discovered great Jealousy upon the subject of American commerce. That the truth of this fact seems dearly to be evinced by two proclamations of his Brittannick Majesty of theandthe first of which restrains the importation of the produce of any of the United States to vessels belonging to Great Britain and navigated according to their Laws, or to vessels belonging to the State of which the cargo is the produce; and the latter when taken in conjunction with their subsisting trade laws, absolutely prohibiting American vessels or subjects from trading to their Islands or Colonies.
Your Committee consider these Regulations as highly injurious to the welfare and Commerce of these United States, and peculiarly so to the Eastern States, as the article of fish is excluded from those which are to be admitted on any condition. That if these restrictions are continued and the vessels of each of the American States are confined in the importation into Great Britain to the products of that State only; the intercourse between the States will not only be straitened, but a great part of the carrying trade which arises from the exportation of American produce to England will be ingrossed by the subjects of that Kingdom, and a very important branch of our Commerce thereby lost; and altho' the Court of Franco hath not yet explicitly disclosed her intentions with respect to our future intercourse with her Colonies, there is too much reason to apprehend, that she will restrain it to those articles of import and export which do not interfere with her own exports or consumption,
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and which are in fact of very inconsiderable value. Your Committee therefore consider it of the highest importance to counteract these systems so injurious to the United States, which can only be done by having delegating a general Power vested in the supreme council of the nation for regulating its commercial Interests. On this head they submit it to the consideration of Congress, whether it may not be expedient to appoint a Committee who shall prepare an address to the States upon the subject of Commerce, stating to them the Regulations which are prevailing in Europe, the evils to be apprehended therefrom, and the steps proper to be taken to Passed thus far. guard against and to Counteract them.
Your Committee beg leave further to observe that in these dispatches and particularly in Mr Adams's letter of the 18th of July a sentiment is earnestly inculcated, which is indeed obvious in itself, that the Union requires additional support from its members, and that if the United States become respectable, it must be by means of a more energetic federal more energy in Government. For as some of the Nations of Europe do not yet perceive this important truth, that the sphere of their own Commerce will be eventually enlarged by the growth of America, but on the contrary manifest a jealousy of our future prosperity, it becomes the United States seriously to consider their own Interests and to devise such general systems and arrangements, commercial or political, as our own peculiar circumstances may from time to time require. Your Yeas and nays; passed. Committee therefore propose that a Special Committee be appointed to take this important subject under deliberation and to report the Result to Congress.
Your Committee beg leave further to observe that it appears from Mr Adams's dispatches of theand Doctor Franklin's of the 22nd of July that propositions for entering into Treaties of amity and Commerce with these United States have been made to our Ministers by the King of Denmark, the Court of Portugal, the Emperor of Germany, the King of Prussia, the Grand Duke of Tuscany and the Court of Spain, and that many of the other Powers of Europe discover a like disposition. The appointment of a Special Committee is also recommended on this subject, to consider whether the transmission of general outlines of Treaties with those several Powers; or instructions to our Ministers as to the principles of such Passed. Treaties is most expedient, and to devise and report such outlines or instructions accordingly.
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Your Committee further submit it to consideration whether instructions ought not to be transmitted to the Ministers Passed. whom it Concerns immediately to stop all further loans in Europe?
Whether Representations ought not to be made to the Court of Denmark for obtaining restitution for the prizes sent into Bergen by the Alliance Frigate?
Whether enquiry ought not to be made why the expedition of the Alliance and Bon homme Richard &c was carried on at the expence and on account of the Court of France, and whether any part of the profit arising therefrom accrued to the United States, or any of the expence thereof hath been placed to their account? Whether the Passed. proceeds of any of the prizes taken in that expedition, and which is due to the American officers and seamen employed therein is deposited in Europe, and in whose hands and to what amount? That the said Ministers be instructed to encourage overtures for treaties of amity and commerce from the respectable and Commercial powers of Europe upon terms of the most perfect reciprocity, and subject to the revisal of Congress previous to their ratification. And your Committee are of opinion that these Passed and committed. respective subjects be also referred to a Special Committee to report proper instructions to the Ministers of these United States thereupon.
That it is the opinion of your Committee that the Instructions Passed. last given by Congress to Mr Dana with respect to the armed Neutrality be transmitted to the rest of our Ministers in Europe for their information and government.
That in the opinion of your Committee Congress ought to approve of the Intentions of the Ministers for negotiating a peace, to adopt the provisional Treaty as the substance of the Definitive Treaty, Passed, if no additional articles or explanations beneficial to the United States are likely to be soon obtained, to approve of their sentiments with respect to Mr Wren, to express the just sense which Congress entertain of his great benevolence and £500 st. acceptable services in favor of the American prisoners during their Confinement in England and to present him with a Sum not exceedingin the name of the United States as some acknowledgement for his humane attention to their suffering Citizens.
[That the thanks of Congress be given to the Revd. Dr Wren for his humane and benevolent attention to the Citizens of these U. S. who were prisoners at Portsmouth in G. B. during the war.]
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That agreeably to Mr Jay's request in his letter of the 1st of June last Mr Carmichael be directed to repair to Paris with the books and vouchers necessary to make a final and complete settlement Postponed. of the accounts of public money, which have passed through the hands of Mr Jay and himself, and that Mr Barclay the Consul for these United States in France be authorised to adjust those accounts.
That Mr Jay have leave to go to Bath should he find it necessary Passed. for the benefit of his health. And that he be informed that it is the intention of Congress, that there be no reduction of his salary during his absence.]
That the Ministers be informed that it is the intention of Congress to appoint Consuls from among the citizens of the United States for all places where they shall find it practicable Congress do not intend Passed. to appoint any others than Citizens of the U. S. to the office of Consuls or Vice Consuls for the said States.
That the Committee to be appointed for preparing the last mentioned Instructions also prepare drafts of letters to the several Ministers (to be signed by the President) on the respective subjects last enumerated.
And lastly, your Committee beg leave to Report that it is in their opinion highly necessary that the Report already made on Mr Passed. Laurens' letters should be taken into consideration and proper instructions dispatched to our Ministers to enable them to pursue the very important objects recommended in that report.1
[Note 1: 1 This second report, in the writing of James Duane, except the paragraph in brackets, which is in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, II, folios 261--268. The indorsement shows that it was read on this day. Adams's letter of June 23 is printed in the Diplomatic Correspondence of the American Revolution (Wharton), VI, 499, and the joint letter of Franklin, Jay and Laurens, July 27, on page 600. For other letters mentioned see ante, September 19, note, and post September 29, and October 1.
Also, a letter of September 7 of John Allan, unsigned, was read on this day. It was referred to Mr. [Elbridge] Gerry, Mr. [Richard] Peters and Mr. [Abiel] Foster. It is in No. 149, II, folio 571. According to Committee Book No. 191, a report was delivered September 29.]
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