1. On 1 July Congress referred to a committee, composed of Oliver Ellsworth, chairman, JM, and John Francis Mercer, a letter of 20 June to Congress from Robert Morris, superintendent of finance, enclosing (1) an act of the General Assembly of Maryland, 1 June; (2) a letter from Benjamin Stoddert, president of the Council of Maryland, to Morris on 13 June; and (3) a copy of Morris’ reply to Stoddert on 20 June. On 23 July Congress transferred these documents to the reconstituted committee mentioned in the headnote, above (NA: PCC, No. 137, II, 565–77; No. 185, III, 70; No. 186, fol. 110).

2. In his letter of 13 June to Morris, Stoddert enclosed a copy of the Maryland General Assembly’s statute of 1 June 1783, which “revoked” so much of the revenue measures of April 1782 as had pledged the proceeds of a 5 per cent tax to the use of Congress. These proceeds were diverted to cover five months’ delinquent pay due to the officers and troops of the state’s continental line (NA: PCC, No. 137, II, 569–72, 577). The “intendant” was Daniel of St. Thomas Jenifer (Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VII, 281).

3. In his letter of remonstrance to Stoddert, Morris emphasized that “at the special Request of the United States Congress, and with the solemn Promise of their Support,” he had “pledged” his “official Credit by the Issue of a large Sum in Paper” in order that the army “might not be sent Home in a State of absolute Indigence, which from the unparrallelled Neglect of the States was almost unavoidable.” He continued: “judge Sir my feelings when I see Revenues sacredly appropriated to the United States suddenly diverted into another Channel. What Ground of Reliance can be formed on Grants liable to such Operations? I shall not presume to examine how far it consists with Justice to take back what has been given.” If all other States should follow Maryland’s example, the promise of three months’ pay by Congress to the continental troops could not be fulfilled, and they would be thrown back for relief upon states which in a year’s time had supplied Congress with only meager financial assistance (NA: PCC, No. 137, II, 573–75).

For the “act” of 1 October 1782, drafted by JM, 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, 173–75. For his expression of opinion, similar to that of Morris when Pennsylvania in January 1783 threatened to pay its own continental troops, see ibid., VI, 145.

4. In this paragraph, Hawkins referred especially to Article VIII, and in lesser degree to Articles XII and XIII, of the Articles of Confederation (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIX, 217, 221). His warning had been often sounded by JM, Hamilton, and other delegates in Congress.

5. The following excised paragraphs—of which the second is to some extent a rewriting of the first—are in JM’s hand and obviously supplied Hawkins with a part of the phraseology, as well as most of the ideas, embodied by him in the last four paragraphs of the report.

“These facts in the opinion of the Committee render it the duty of Congs. as Guardians of the Confederation and of the equal rights of every part of the fœderal army to resolve & direct that in pursuance of the principles established in the act of the 1st. day of Oct. 1782, no credit be given to the State of Maryland for any advance that may be made as aforesaid; nor to the said nor any other States for any advances that may be made to their respective lines of the army, without the allowance of the U. S. in Congs.

“Resolve that the State of Maryland be called upon to take into their serious reconsideration the irregular measure which they have adopted, and that they be informed that Congs. can not without departing from principles which they solemnly established and countenancing a practice of the most pernicious tendency, permit the State of Maryland or any other State to receive credit for advances made to their respective lines of the army without the allowance of the U. S. in Cong. assd.” (NA: PCC, No. 19, IV, 412).

On 28 July Congress took no action on this report after it was submitted, probably by Hawkins, and read (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 454–55). On 12 August, upon a motion by James McHenry, seconded by Daniel Carroll, which had been introduced on 1 August, Congress resolved: “That the consideration of the report of a committee, to whom was referred a letter of the 20th of June last, from the Superintendant of finance, with the papers enclosed. relative to certain proceedings of the State of Maryland, be postponed, that the delegates from Maryland may have an opportunity to receive information from the legislature, respecting the subject matter thereof” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 502–3; Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VII, 249). In the draft of the motion McHenry had justified it by stating that an “immediate approbation” by Congress of the JM-Hawkins report “might be viewed as highly disrespectful to the State whose public act it condemns” (NA: PCC, No. 137, II, 581, 581a). On 3 November 1783 the Maryland delegates sent a copy of the resolution of Congress of 12 August to the General Assembly of their state (Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VII, 368). JM had not attended Congress on either 28 July or 12 August.