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Notes on Debates, 4 June 1783

Notes on Debates

MS (LC: Madison Papers). For a description of the manuscript of Notes on Debates, see Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , V, 231–34.

The Report of the Committee for giving to the army certificates for land was taken up. After some discussion of the subject, some members being for and some agst. making the certificates tra[n]sferrable it was agreed that the Report should lie on the table.1

For what passed in relation to the Cession of vacant territory by Virga. see the Journal.2

Whilst Mr. Hamiltons motion relating to Mr. Livingston Secretary of For: affrs. was before the House, Mr. Peters moved, in order to detain Mr. Livingston in office,3 that it be declared by the Seven States present that the Salary ought to be augmented. To this it was objected 1. that it would be an assumption of power in 7. States4 to say what 9 States ought to do. 2. that it might ensnare Mr. Livingston.5 3. that it would commit the present States, who ought to be open to discussion when 9 States should be on the floor. The motion of Mr. Peters being withdrawn, that of Mr. Hamilton was agreed to.

1By an ordinance of 16 September 1776, as supplemented by other ordinances or resolutions in 1778 and 1779, Congress pledged bounty lands “to be provided by the United States,” at the close of the conflict, to officers and soldiers who should engage to serve in the continental army for the duration of the war. The promised acreage varied from 10,000 acres for the commander-in-chief and 3,000 acres for a major general to 100 acres for a private (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , V, 763; XII, 1117; XV, 1336–37). Although the nearest of kin would be issued the bounty-land warrants of men who died while in service, an “officer or soldier” was forbidden to transfer his warrant (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , V, 788). This prohibition was expected to prevent engrossment of bounty lands by speculators. Congress had no land of its own in 1776 but relied on some of the states to provide the requisite tracts within their own borders or to cede their trans-Appalachian claims to the United States (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , II, 74–75; 78; III, 305, n.; IV, 10; V, 306, n. 2).

On 30 May 1783, in compliance with its adoption of a motion by Alexander Hamilton, Congress elected a grand committee of ten members “to consider of the best manner of carrying into execution the engagements of the United States for certain allowances of land to the Army at the conclusion of the war” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 376, and n. 2). On behalf of the committee, Hamilton on 4 June recommended that until the needed acreage could be located and surveyed, every officer and soldier entitled to bounty land should receive, upon being “furloughed or discharged,” a certificate bearing his name and specifying the amount of land to which he was entitled. Congress decided that this “Report should lie on the table” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 383, and n. 1). Further extended debate on the subject of bounty lands apparently was not resumed until 14 October (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXV, 677–80). See JM Notes, 5 June 1783, n. 1.

2Congress resumed discussion of a committee report submitted on 25 April by John Rutledge, chairman. The committee recommended postponing a decision on Bland’s motion of 23 April 1783 that Congress accept the terms of Virginia’s offer of 2 January 1781 to cede her territory north and west of the Ohio River, until after the Boudinot committee’s report of 3 November 1781 on the western lands had been considered. See Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , VI, 502; 503, nn. 4, 5, 6. On 4 June Congress adopted the Rutledge committee report and referred so much of the Boudinot committee’s proposals as “relates to the cession made by the Commonwealth of Virginia” to a committee comprising Rutledge, chairman, and JM among the other four members (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 381). See also JM Notes, 5 June, n. 1; 6 June 1783.

3Congress adopted two resolutions introduced by Hamilton. The first provided that the papers of the office of the secretary for foreign affairs should be placed in the custody of Charles Thomson, secretary of Congress, until a successor to Robert R. Livingston “can be appointed.” The second resolution, passed unanimously, thanked Livingston “for his services” and assured him of Congress’ “high sense of the ability, zeal and fidelity with which he hath discharged the important trust reposed in him” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 382). See also JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 336–37. Although Congress on 4 June evidently expected that a new secretary for foreign affairs would soon be elected, the vacancy continued until John Jay became Livingston’s successor on 21 December 1784 (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , VI, 224, n. 7). See also JM Notes, 10 June 1783, and n. 11.

4Of the eight states effectively represented in Congress on 30 May, Massachusetts, Rhode Island, Delaware, and North Carolina had two delegates each, or the minimum required to permit their vote to count in a poll, and then only if the two were in agreement. What delegate from one of these states had left Philadelphia or was unable for some other reason to attend Congress on 4 June is unknown, but he probably was either Nathaniel Gorham of Massachusetts or Jonathan Arnold of Rhode Island. The next tallied vote entered in the journal was on 20 June 1783. By then, the total number of delegates attending Congress was twenty, or three less than on 30 May, and the only states effectively represented were Massachusetts, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, and South Carolina (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 372, 407; Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VII, 176, 178).

5To increase Livingston’s salary obviously required Congress to “appropriate money” and possibly also “to ascertain” the sums and expenses necessary for the defense and welfare of the United States. Article IX of the Articles of Confederation required the assent of “nine states” for either of these actions to be taken (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIX, 220). Insufficient salary to pay his expenses had been emphasized by Livingston as a principal cause of his resignation (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , VI, 418–19, and nn. 2, 4; JM to Jefferson, 10 June 1783). Had Livingston been led to expect a higher salary by the favorable action of seven states, he could have been doubly “ensnared,” for not only might the increase subsequently have failed to gain the assent of nine states, but he might also have sacrificed his office as chancellor of New York (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , V, 337, and n. 2).

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