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Report on Restoring Public Credit, [6 March] 1783

Report on Restoring Public Credit

MS (NA: PCC, No. 26, fols. 411½, 438–40). In JM’s hand, except where otherwise noted. Docketed by Benjamin Bankson, Jr., a clerk in the office of the secretary of Congress: “Report of Mr. Gorham Mr. Hamilton Mr. Madison Mr. FitzSimmons Mr. Rutledge Appointed to consider the means of restoring & supporting public Credit & of obtaining from the States substantial funds for funding the whole debt of the United States. Delivered March 6, 1783. Acted on April 18th 1783.”

[6 March 1783]

Resolved1 that it be recommended to the several States as indispensably necessary to the restoration of public credit and the punctual & honorable discharge of the public debts, to vest in the U. S. in Congress assd. a power to levy for the use of the U. S., a duty of 5 PerCt. ad valorem, at the time & place of importation, upon all goods wares and merchandizes of foreign growth and manufactures, which may be imported into any of the said States, from any foreign port, island or plantation, except arms, ammunition, cloathing & other articles imported on account of the United States or any of them, except wool cards, cotton cards & wire for making them, and also except salt during the war:

Also a like duty of 5 PerCt. ad valorem on all prizes & prize goods condemned in the Court of Admiralty of any of these States as lawful prize:2

Also to levy a duty of ⅛ of a dollar per Bushel on all Salt imported as aforesaid after the war. 1/15 of a dollar per Gallon on all wines 1/30 of a dollar per Gallon on all rum & brandy 2/3 of a dollar per 112 lbs. on all brown sugars, 1 dollar per 112 lbs. on all powdered, lump & clayed sugars other than loaf sugars, 1⅓ dollar3 on all loaf sugars 1/30 of a dollar Per lb. on all Bohea Tea and 1/15 of a dollar per lb on all finer India Teas, imported as aforesaid,4 after  , in addition to the five per cent above mentioned5

Provided that none of the said duties shall be applied to any other purpose than the discharge of the interest or principals of the debts which shall have been contracted on the faith of the U. S. for supporting the present war, nor be continued for a longer term than 25 years; and provided that the collectors of the said duties shall be appointed by the States within which their offices are to be respectively exercised; but when so appointed shall be amenable to, and removeable by the U. S. in Congs. assd. alone and in case any State shall not make such appt. within   after notice given for that purpose, the appointmt may then be made by the U. S. in Congs. assd.6

That it be further recommended to the several States to establish for a like term not exceeding 25 years, and to appropriate to the discharge of the Interest & principal of the debts which shall have been contracted on the faith of the U.S. for supporting the present war, substantial & effectual revenues of such nature as they may respectively judge most convenient7 to the amount of   and in the proportions following, viz.8

That an annual account of the proceeds and application of the aforementioned revenues shall be made out & transmitted to the several states distinguishing the proceeds of each of the specified articles, & the amount of the whole revenue received from each State.9

the said revenues to be collected by persons appointed as aforesaid; but to be carried to the separate credit of the States within wch. they shall be collected, and be liquidated & adjusted among the States according to the quotas which may from time to time be allotted to them:10

That11 none of the preceding resolutions shall take effect untill all of them shall be acceded to by every State, after Which unanimous accession, however, they shall be considered as forming a mutual compact among all the States, and shall be irrevocable, by any one or more of them without the concurrence of the whole, or of a majority of the U. S. in Congs. assembd.;12 provided that after the unanimous accession to all the said preceding resolutions, the proposed alteration in the 8th. of the Articles of Confederation shall not hereafter be revoked or varied otherwise than as is pointed out in the 13th. of the Said articles.13

That as a further mean[s] as well of hastening the extinguishment of the debts, as of establishing the harmony of the U. States it be recommended to the States which have passed no acts towards complying with the Resolutions of Congs. of the 6 of Sepr. & 10 of Ocr. 1780, relative to territorial cessions, to make the liberal cessions therein recommended, and to the States wch. may have passed acts complying with the said resolutions in part only, to revise and complete such compliances.14

That in order to remove all objections agst. a retrospective application of the constitutional rule of proportioning to the Several States the charges & expences which shall have been supplied for the common defence or general welfare, it be recommended to them to enable Congress to make such equitable exceptions and abatements as the particular circumstances of the States from time to time during the war may be found to require.15

That conformably to the liberal principles on which these recommendations are founded, and with a view to a more amicable & complete adjustment of all accounts between the U. S. & individual States, all reasonable expences which shall have been incurred by the States, without the sanction of Congress, in their defence agst. or attacks upon British or Savage Enemies, either by sea or by land, and which shall be supported by satisfactory proofs, shall be considered as part of the common charges incident to the present war, and be allowed as such;16

That as a more convenient and certain rule of ascertaining the proportions to be supplied by the States respectively to the common Treasury, the following alteration in the articles of confederation & perpetual Union between these States, be & the same is hereby agreed to in Congress, & the several States are advised to authorize their respective Delegates to subscribe & ratify the same as part of the said instrument of Union, in the words following to wit:

“So much of the 8th. of the Articles of Confederation and perpetual Union between the 13 States of America, as is contained in the words following to wit., ‘all charges of war &c. [to the end of the paragraph’]17 is hereby revoked and made void; and in place thereof it is declared & concluded, the same having been agreed to in a Congress of the U. States; ‘that all charges of war & all other expences that18 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 number of inhabitants of every age, sex and condition, except Indians not paying taxes in each State; which number shall be triennially taken & transmitted to the U. S. Congs. assd. in such mode as they shall direct and appoint; provided always, that in such numeration no persons shall be included who are19 bound to servitude for life according to the laws of the State to which they belong, other than such as may be between the ages of   [’”]20

1For the appointment and personnel of the committee which submitted this report, see JM Notes, 21 Feb. 1783, and n. 29. Although largely drafted by JM, the report includes specific recommendations which he had opposed, a few which he had been the first to suggest, and others which he also had supported. For this reason the report illustrates not so much JM’s originality of ideas as his talent for bringing together and clearly expressing in a fairly short document a group of recommendations designed to counterbalance opposing sectional, economic interests and to appeal to all members of Congress except uncompromising nationalists and state-sovereignty advocates. Even so, in at least one important matter of paragraph arrangement, JM as draftsman was obliged to defer to the judgment of a majority of the committee. See JM Notes, 7 Mar. 1783, and n. 2.

2Except for the addition of the words, “necessary to the restoration of public credit and the punctual & honorable discharge of the public debts,” and the omission of the phrase, “after the first day of May, 1781,” the report to this point reproduces almost exactly the first two paragraphs of the 5 per cent impost amendment adopted by Congress on 3 February 1781 (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIX, 112–13). See also JM Notes, 24 Jan., and n. 20; 28 Jan., and nn. 29–31; 29 Jan., and nn. 18, 20, 25, 38; 12 Feb., and nn. 1, 3; 13 Feb., and n. 1; 18 Feb.; 19 Feb. 1783, and n. 3.

3Immediately after this word, “per 112 lbs.” was added in the committee’s report as printed in the journal of Congress for 6 March and as copied by JM in his notes for the next day. See JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 171.

4JM Notes, 27 Feb., and nn. 8–10, 14; 28 Feb.; 3 Mar. 1783, and nn. 2, 3.

5The words following “aforesaid” are in Charles Thomson’s hand. For the debate in Congress on the first three paragraphs of the report, see JM Notes, 18 Feb., and nn. 11, 12; 27 Feb., and n. 8; 11 Mar. 1783.

6JM Notes, 29 Jan., and n. 25; 12 Feb., and nn. 5–9, 13–15; 19 Feb., and nn. 3, 8, 22, 23; 20 Feb. 1783, and n. 9. By 18 March, “one month” had been entered in the blank space after “within” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 189). As an addition to the closing sentence of this paragraph in the manuscript of the report, but as an immediately succeeding paragraph in the report as printed in the journal of Congress, the following words in Thomson’s hand were canceled, “and provided further that an account of the proceeds and application of the said revenues be returned to the different states annually” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 171). This passage, which is omitted in the version of the report copied by JM in his notes for 7 March, was deleted, obviously because its subject is treated in a later paragraph of the report. See n. 9.

7The proposal in this paragraph reflects the belief that, even though the states should empower Congress to levy the 5 per cent impost and the tariffs recommended earlier in the report, the resulting revenue would be insufficient to cover the interest and principal of the war debt and the other expenses of Congress. See JM to Randolph, 22 Jan.; 4 Feb.; JM Notes, 27 Jan.; 28 Jan., and n. 11; 29 Jan., and n. 36; 19 Feb., and n. 7; 20 Feb., and n. 14; 21 Feb., and nn. 16, 27; 27 Feb. 1783.

8The table, which JM also omitted from the copy of the report in his notes for 7 March, is in the hand of Thomas FitzSimons, a member of the committee (NA: PCC, No. 26, fol. 413). The committee proposed that Congress be furnished annually by the states with a total of $2,000,000, proportioned among them in sums varying between $320,000 from Massachusetts and $24,000 from Georgia (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 171–72, n. 4). See JM Notes, 25 Feb.; 21 Mar.; 4 Apr. 1783.

9This paragraph, which is in Charles Thomson’s hand, appears both in JM’s notes for 7 March and in the printed, official copy of the report immediately after, rather than immediately before, the paragraph beginning, “the said revenues to be collected …” (NA: PCC, No. 26, fol. 412; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXV, 983–84). Obviously, this reversal of position provides a more logical sequence of subjects than in the present version and the one in JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 172.

The Massachusetts General Court qualified its ratification of the proposed 5 per cent impost amendment by stipulating that Congress must notify each state annually how much money had been collected and how it had been spent (NA: PCC, No. 74, fol. 193; Randolph to JM, 3 Jan., n. 8; JM Notes, 28 Jan., n. 29). John F. Mercer and other delegates had also insisted that the states should be supplied with “full information” (JM Notes, 21 Feb. 1783 and citations in n. 22). See also Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (6 vols. to date; Chicago, 1962——). description ends , V, 407, n. 1.

10The mode of appointing the collectors and of equitably apportioning to the credit of all the states the revenue from impost duties, which would mainly be paid in the ports of a few of the states, had been frequent subjects of debate. See, for example, JM Notes, 27 Jan.; 28 Jan., and nn. 3, 12, 29; 29 Jan., and nn. 28, 29, 33, 34; 21 Feb., and n. 16; 26 Feb. 1783, and nn. 19, 23.

11In the space immediately below the last line of the preceding paragraph, JM wrote, “( see 4 page).” On the fourth, or last, page of the manuscript he placed “(” before the beginning of the present paragraph. For this reason the editors have transferred the paragraph to the place in the report indicated by JM. In a footnote to his notes of 7 March (q.v., and n. 2), JM pointed out the importance of this change.

12Judging from JM’s notes, Theodorick Bland had been the first delegate to suggest that a grant by the states to Congress should be “irrevocable” as long as Congress or “nine of the States” upheld it (JM Notes, 29 Jan., and n. 36). See also JM Notes, 21 Feb. 1783, and n. 8.

13The passage beginning after the semicolon and continuing to the close of the paragraph was canceled by JM and is also shown as deleted in JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 172. Both the printed official version of the report and JM’s copy of the report in his notes for 7 March omit the expunged words. For the eighth article of the Articles of Confederation, see JM Notes, 9–10 Jan., nn. 3, 8; 14 Jan., nn. 4, 6; 28 Jan. 1783, n. 19. The thirteenth article stipulated that “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” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIX, 221).

14For the resolutions of 6 September and 10 October 1780, see JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XVII, 806–7; XVIII, 915–16. Although Connecticut, New York, Virginia, Massachusetts, North Carolina, South Carolina, and Georgia claimed territory west of the Appalachian Mountains, only the first three of these states had offered to cede some or all of their claims to the United States. Virginia’s tender of most of her lands west and northwest of the Ohio River was hedged by many provisos and had been a subject of frequent debate in Congress for over two years. The proposal of Connecticut to yield jurisdiction but not title to her “western reserve” in the Ohio country still awaited the decision of Congress. New York, seeking the support of delegates from other states to her claim to Vermont, had made an unqualified and hence an acceptable offer of her doubtfully legal western claims to Congress. See Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (6 vols. to date; Chicago, 1962——). description ends , III, 210, n. 4; 283, n. 6; 286, n. 5; 301, n. 1; 304, n. 1; IV, 32–34; 34, n. 8; 200–202; 203, n. 16; V, 32, n. 23; 52, n. 14; 115–16; 117, n. 9; 118, n. 14; 119, n. 20; 228, n. 13; 241; 245, nn. 3, 5; 246, nn. 6, 7, 10; 366, n. 12; JM Notes, 30 Jan., n. 2; 26 Feb. 1783, and nn. 20, 24, 29, 37, 38, 40, 42, 43.

Besides the two reasons stated at the outset of this paragraph of the report, satisfactory offers of cession by the five remaining claimant states would be the more timely because of the hope, if not the expectation, that the United States in the treaty of peace would be vested by Great Britain with her title to the territory between the Appalachian watershed and the Mississippi River (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (6 vols. to date; Chicago, 1962——). description ends , II, 127–35; IV, 4–7; 168–69; V, 23, n. 14; 33; 187; 189, nn. 14, 17; 418, n. 19; 443, n. 2; 444, n. 7; Comment by Jefferson, 25 Jan., and n. 1; JM Notes, 29 Jan.; 30 Jan., n. 2; Randolph to JM, 7 Feb. 1783.

15Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (6 vols. to date; Chicago, 1962——). description ends , V, 457–58; JM Notes, 26 Feb., and nn. 22, 25, 28, 37, 40, 43; 4–5 Mar., and nn. 1, 2; JM to Randolph, 25 Feb., and citations in n. 7; Memo. on Revenue Plan, 6 Mar. 1783, ed. n.

16JM interlineated “reasonable” before “expences” as a substitute for a passage immediately following “be allowed as such,” which he canceled so heavily as to leave discernible only an occasional word or letter. These vestiges permit no doubt that the deleted passage was the same or nearly the same as the following passage quoted in his footnote to his notes of 7 March (q.v. and n. 3): “provided that this allowance shall not be extended to any expences which shall be declared by nine votes in Congress to be manifestly unreasonable.”

During emergencies caused by British or Indian invasions, states often had been obliged to spend money and allocate military supplies on behalf of the “common cause” without prior authorization by Congress. Massachusetts, for example, should be enabled by this provision of the report to recover from the Confederation the full cost of the Penobscot expedition; Connecticut to secure compensation for often calling out her “militia without sanction of Congss.”; Virginia to gain reimbursement of her “excentric expenditures” in the Northwest; and the citizens of North Carolina to have their “great” claims satisfied (JM Notes, 26 Feb., and n. 22; Memo. on Revenue Plan, 6 Mar. 1783, ed. n.). Although South Carolina and Georgia would have fewer claims of this nature, since occupation by the British army had caused the government in each state to collapse, their ravaged condition would entitle them to correspondingly larger “abatements” in the amount of the financial requisitions which they owed to Congress. See Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (6 vols. to date; Chicago, 1962——). description ends , V, 119, n. 20; JM Notes, 27 Jan., and nn. 13, 27; 17 Feb., and n. 4; 26 Feb. and citations in n. 17; 7 Mar., and n. 4; Memo. on Revenue Plan, 6 Mar. 1783, ed. n.

17See n. 13. The brackets and the phrase they enclose are in the manuscript of the report.

18The passage beginning with “that” and continuing through the words “several states” is in the hand of Charles Thomson. For this reason the passage is bracketed in the Hunt edition of the journal of Congress (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 173, and n. 1).

19Immediately following “are,” JM at first wrote and canceled “deemed slaves.”

20This blank remained unfilled in the other two versions of the report mentioned in n. 13, above. For the issues of how frequently the enumeration should be made and how heavily the slaves should be weighted in apportioning tax quotas among the states, see Randolph to JM, 7 Feb., n. 3; JM to Randolph, 18 Feb.; JM Notes, 14 Jan.; 28 Jan., nn. 35, 42; 7 Feb.; 11 Feb., and nn. 2, 4; 17 Feb., and nn. 1, 3; 26 Feb., and n. 44; 28 Mar.; 1 Apr.; Memo. on Revenue Plan, 6 Mar., ed. n.; Amendment to Report on Public Credit, 28 Mar. 1783, and ed. n. Congress immediately had this report printed as a broadside for distribution to the delegates (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 174, n. 1; JM Notes, 6 Mar.; 7 Mar. 1783).

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