Part 35

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands and the states which passed such grants and adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the United States, be finally determined, as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The United States in congress assembled shall have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states—fixing the standard of weights and measures throughout the United States—regulating the trade and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated—establishing and regulating post offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expences of the said office—appointing all officers of the land forces in the service of the United States, excepting regimental officers—appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States—making rules for the government and regulation of the said land and naval forces, and directing their operations.

The United States in congress assembled, shall have authority to appoint a committee to sit in the recess of congress, to be denominated “_a committee of the states_,” and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction—to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years—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—to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted—to build and equip a navy—to agree upon the number of land forces—and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisitions shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm and equip them in a soldierlike manner, at the expence of the United States; and the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled; but if the United States in congress assembled, shall on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped, shall march to the place appointed and within the time agreed on by the United States in congress assembled.

The United States in congress assembled, shall never engage in a war nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined unless by the votes of a majority of the United States, in congress assembled.

The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question, shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Article 10. The committee of the states, or any nine of them, shall be authorised to execute, in the recess of congress, such of the powers of congress as the United States in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the United States assembled, is requisite.

Article 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article 12. All bills of credit emitted, monies borrowed, and debts contracted by or under the authority of congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith, are hereby solemnly pledged.

Article 13. Every state shall abide by the determinations of the United States in congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state.

These articles have been forwarded to the legislatures of all the United States, to be considered; and if approved of by them, the said legislatures are advised to authorise their delegates to ratify the same in the congress, that so they may become conclusive. They have been accompanied with a circular letter, recommending them to the immediate dispassionate attention of the legislatures; and urging them to hasten the conclusion of the plan for confederation. They will be supported in this state by the influence of Mr. Samuel Adams and Mr. John Adams, who obtained leave of absence to visit their families a week before the finished copy was agreed to by congress. These two gentlemen stand in the relation of second cousins to each other.

The same day the copy was agreed to, a committee was appointed to collect and digest some late discoveries for making molasses and spirits from the juice of Indian corn-stalks, and to report a plan for communicating such discoveries to the inhabitants of the several states. The scarcity and dearness of molasses and spirits, and the difficulty of procuring a supply from the West-Indies, have induced some ingenuous enterprising minds to grind the Indian corn-stalks, while in a certain state of verdure, and to obtain from the juice, by boiling it, a kind of molasses. Several have followed the example; and the expectation of the public in many places is raised; but the quantity of molasses produced is too small, and the quantity too poor, to answer expences and to supply the demands of the market, so that this mode of obtaining it will soon cease.

[Nov. 20.] It was reported by a committee, “That an inroad has been made on the western frontiers of Virginia and Pennsylvania by some savage tribes of Indians, wherein a number of helpless people have been cruelly massacred, and the peaceable inhabitants driven from their homes, and reduced to great distress: and that, from a number of papers stiled proclamations, under the hand and seal of Henry Hamilton, lieut. gov. of Fort Detroit, as well as from other information and circumstances, it appears that these savages have been instigated by British agents and emissaries, and particularly by the said H. Hamilton to this barbarous and murderous war.”

Congress having received information, that the enemies of the United States endeavored to propagate in Europe groundless reports, that a treaty had been held between congress and the commissioners of the king of Great-Britain, by which it was probable that a reconciliation would take place, resolved, “That the commissioners, of the said United States, at the several courts in Europe, be authorised to represent to the courts at which they respectively reside, that no treaty whatever has been held between the king of Great-Britain, or any of his commissioners and the said United States, since their declaration of independence. They also resolved, “That all proposals of a treaty between the king of Great-Britain, or any of his commissioners, and the United States of America, inconsistent with the independence of the said states, or with such treaties or alliances as may be formed under their authority, will be rejected by congress.” The communication however of this last resolve, was to be suspended until upon a general consultation of the commissioners a majority should judge it necessary. Congress (plunged into difficulties through an excess of paper currency, which they are continually increasing by new emissions) have been and are attempting remedies that can never answer. Some are of that nature as necessarily to produce baneful consequences, and yet are persisted in after trial; of this kind is the regulating and ascertaining the price of labor, manufactures, internal produce, and commodities imported from foreign parts. It has been recommended to all the states to appoint commissioners to convene, some in one place on the fifteenth of January, some in another on the fifteenth of February, for the regulating of prices; and after that, to enact suitable laws to enforce the observance of such regulations. They have also resolved, “That it be earnestly recommended to the several states, as soon as may be, to confiscate and make sale of all the real or personal estates therein of such of their inhabitants and other persons who have forfeited the same, and the right to the protection of their respective states; and to invest the money arising from the sales in continental loan office certificates, to be appropriated in such manner as the respective states shall hereafter direct.” This resolve will encourage the states to make sale of the estates alluded to, but will not bind them to the disposal of the purchase-money in the manner proposed. Artful individuals will avail themselves of it for their own emolument, but it will be of little or no benefit to the public at large.

[Dec. 8.] Mr. Silas Deane has been mentioned in a former letter. Congress came to a final resolution respecting his recal, in these words——“Whereas it is of the greatest importance, that congress should at this critical conjuncture, be well informed of the state of affairs in Europe; and whereas congress have resolved, that the honorable Silas Deane, esq. be recalled from the court of France, and have appointed another commissioner to supply his place there: Ordered, That the committee for foreign affairs write to the honorable Silas Deane, esq. and direct him to embrace the first opportunity of returning to America, and upon his arrival to repair with all possible dispatch to congress.” The explanation of this business will be best conveyed in the language of one of the committee—“Mr. Deane not being recalled upon a motion made at the time of our disavowal of Du Coudray’s treaty, a new motion was made by one of the committee on September the 8th.—On that day, “The congress took into consideration the report of the committee on foreign applications, wherein they set fourth, That besides a number of officers who are come from Europe and the West-Indies of their own accord to solicit for rank and employment in the American army there are others who have proceeded upon the encouragement of conventions made and signed at Paris by Silas Deane, esq. as agent for the United States of North-America:—That Mr. Deane had no authority to make such conventions;—and That congress therefore are not bound to ratify or fulfil them.” This referred to a new list of major generals, brigadiers, colonels, &c. who were ready to relinquish all the parts of their agreement except rank; but said the committee, “The American army having been arranged before the arrival of these gentlemen in America there expectations cannot be complied with, without deranging it, and thereby injuring at so critical a juncture the American cause.” The report was agreed to, and the mation made—“Whereas Silas Deane, esq. _when agent under the committee of secret correspondence_, entered into conventions with several foreign officers, which congress have declared themselves not bound to ratify, and which in the present situation of affairs they could not comply with, without deranging the army, and thereby injuring at this critical juncture the American cause: And whereas the credit, reputation and usefulness of Silas Deane, esq. now one of the American commissioners in France, will be greatly impaired by the consequences of his indiscretion in having entered into such conventions, his recal becomes necessary for the interest of these United States—therefore resolved, That Silas Deane, esq. now one of the American commissioners in France be forthwith recalled, and that from the day of has receiving this resolve, all and every power with which he hath been vested by congress, do case and determine, and that he take the earliest opportunity to embark for North-America, and repair to congress.” The person who read this in his place was, upon being seconded, entreated to withdraw it, in which he acquiesced, upon a general avowal of the necessity of recalling Mr. Deane in some milder way.—On Nov. 21, partiality and tenderness struck away all preamble, and a naked resove passed, “That Silas Deane, esq. be recalled from the court of France, and that the committee for foreign affairs be directed to take proper measures for speedily communicating the pleasure of congress herein to Deane and the other commissioners of the United States at the court of France;—That Monday next be assigned for the choosing a commissioner to the court of France, in place of Silas Deane, esq.” On the 28th, Mr. John Adams was chosen. No time being limited for Mr. Deane’s return, the larded resolve of December the 8th was made. Had a proper dignity been maintained on the 8th of September, the recal would not have been a seeming mystery, or rather a compliment. Though the chairman of the committee for foreign applications was the mover of the proper resolves, yet he finally gave into the over-tenderness of the house, when he acted for foreign affairs in his letter of December the 8th, and in his private letter to Dr. Franklin.

Congress resolved, “That the commissioners at the courts of France and Spain be directed to exert their utmost endeavours to obtain a loan of two millions sterling, on the faith of the Thirteen United States.” They also received accounts from gen. Gates relative to the retreat of the British from Tyconderoga and Mount Independence. By letters of gen. Conway’s writing to particular members, they were led into a resolution, “That an appointment be made of inspectors general agreeable to the practice of the best disciplined European armies:” and from thence to elect him an inspector general, and a major general. This pomotion, which took place the thirteenth of December, occasioned much uneasiness among the officers; and they requested gen. Washington not to publish it till they had met, and made a proper representation of their grievances. Conway thought himself entitled to a superiority over them, from his having served more than thirty years; and before some of the brigadiers were born, and from the number of men he had commanded for many years in an old army. But these reasons did not reconcile them to his being put over their heads. They might be the more disgusted from his declaring that no two regiments manœuvred alike, and that there were hardly two officers in each regiment able to command the manœuvres. On the 3d of January, the brigadiers sent a remonstrance against his appointment. The objections against him were that he was, intriguing at congress in concert with generals Gates and Mifflin, in order to remove gen. Washington—that he gave himself at congress the merit of the German-town affair—that his powers of inspector general tended to diminish the power of gen. Washington—and that, in a paragraph of a letter, he reflected severely upon the commander in chief and his councellors. Such is the prevailing dislike to him, that he will be of little service in future. The uneasiness which his promotion produced, did not escape his notice, but has led him to renew a former proposal of returning to France.

[Dec. 20.] In order to obtain a supply of clothing for the army, the congress resolved to recommend to the respective legislatures the enacting of laws, appointing persons to seize, for the use of the continental army, all necessary articles of clothing, which may be in the possession of any persons inhabitants of or residents within their respective states, for the purpose of sale; and that the value of such goods be ascertained at the rate which the said articles shall be stated at by the convention of the committees agreeable to the late recommendation. A memorial from lieut. col. Barton, who took gen. Prescot prisoner, was read in congress, on which they resolved, [Dec. 24.] “That on account of his enterprising spirit, and merit in taking the general, he be promoted to the rank and pay of a colonel in the service of the United States, and that he be recommended to gen. Washington, to be employed in such services as he may deem most adapted to his genius.” In testimony of their approbation of the patience, fidelity and zeal of the officers and soldiers under the immediate command of gen. Washington, they directed, six days after, that one month’s extraordinary pay should be given to each; which was no more than justice, considering what they had suffered. The next, being the last day of the year, they had under consideration, the information sent them from Boston by Mr. Samuel Otis, their deputy-clothier-general in the Massachusetts acquainting them, that he had contracted with sundry persons for a large quantity of clothing at the rate of ten to eighteen hundred per cent. and that some of the holders of the said goods refuse to deliver them untill they should receive the cash. Upon this they resolved, “That Mr. Otis be directed to pay only for such of the said clothing as he may have actually received, at the rate for which he may have contracted for such clothing: and That it be most earnestly recommended to the legislative authority of the state of Massachusetts-Bay immediately to take and seize the residue of the clothing, which the holders thereof have refused to deliver to the said Samuel Otis, agreeable to the resolutions of the congress of the 20th inst. which clothing shall be paid for in manner, and at the rate mentioned therein, and not otherwise.” A letter was written to the president of the council upon the occasion, in which they failed not to attempt exciting resentment against the proprietors of the goods for the crime of extortion, and the greater one of refusing to deliver the goods upon the credit of the Thirteen United States. “This irrefragable evidence of the depravity of morals in so many of the citizens of these states, is a most alarming circumstance,” say they, “and if the several governments do not speedily exert their authority effectually to suppress such unheard of extortion, it will unquestionably issue, and at no very distant period, in the destruction of the liberties of this continent. Shall we then tamely see ourselve compelled by the wicked conduct of some of the citizens of these states, to the cruel necessity of submitting to the mercy of an enraged tyrant?” The president was desired to lay the resolutions before the general assembly, who were requested to keep them and their proceedings thereon secret, till carried into execution. The general court instead of interfering, has prudently left the business to take its own course. Those traders, who want to go to market again and make fresh purchases, cannot sell upon the credit of even the Thirteen United States. The encreasing depreciation of the currency is another reason against it. The paper emission is now more than three hundred per cent. for hard money, and by the end of April will probably be four for one; so that when this, the risks of the sea, the scarcity of the commodity, the few returns that can be made, the advance of expences through the rise of provision, labor, &c. and other circumstances are taken into consideration, the rate of from ten to eighteen hundred per cent. has far more the appearance than the reality of extortion.

The convention and convention troops demand our next attention.