By Mr. MADISON—
Q. Shall the states be called on to return to Congress an estimate of the value of their lands, with the buildings and improvements within each, respectively?
After some discussion on this point, in which the inequalities which would result from such estimates were set forth at large, and effects of such an experiment in Virginia had been described by Mr. Mercer, and a comparison of an average valuation in Pennsylvania and Virginia, which amounted in the latter to fifty per cent, more than in the former,—although the real value of land in the former was confessedly thrice that of the latter,—had been quoted by Mr. Madison, the apprehensions from a reference of any thing more to the states than a report of simple facts increased; and on the vote the states were as follows: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Virginia, no—Mr. Bland, ay; Mr. Lee, silent; Connecticut, North Carolina, South Carolina, ay; New York, divided: so it passed in the negative.
By Mr. MADISON—
Q. Shall a period be now fixed, beyond which the rule to be eventually established by Congress shall not be in force?—ay, unanimously.
By Mr. MADISON—
Q. What shall that period be? Connecticut was again for three years; which being rejected, five years passed unanimously.
By Mr. MADISON—
Q. Shall the rule so to be established have retrospective operation, so far as may be necessary for liquidating and closing the accounts between the United States and each particular state?—ay; Connecticut, no. Mr. DYER and Mr. MERCER understood this as making the amount of the several requisitions of Congress, and not of the payments by the states, the standard by which the accounts were to be liquidated, and thought the latter the just quantum for retrospective appointment. Their reasoning, however, was not fully comprehended.
Saturday, February 8.
Committee of the Whole.
Mr. MERCER revived the subject of retrospective operation, and after it had been much discussed, and the difference elucidated which might happen between apportioning, according to the first valuation which should be made, merely the sums paid on the requisitions of Congress, and apportioning the whole requisitions, consisting of the sums paid and the deficiencies, which might not be paid until some distant day, when a different rule, formed under different circumstances of the states, should be in force, the assent to the last question, put yesterday, was reversed, and there was added to the preceding question, after "five years,"—"and shall operate as a rule for apportioning the sums necessary to be raised for supporting the public credit and other contingent expenses, and for adjusting all accounts between the United States and each particular state, for moneys paid or articles furnished by them, and for no other purpose whatsoever." On this question there were six ayes; so it became a vote of the committee of the whole.
Monday, February 10.
For the report of the committee on the resolutions of Virginia, concerning the contract under which tobacco was to be exported to New York, and the admission of circumstantial proof of accounts against the United States, where legal vouchers had been destroyed by the enemy, see the Journal of this date.
Mr. MERCER informed Congress that this matter had made much noise in Virginia; that she had assented to the export of the first quantity, merely out of respect to Congress, and under an idea that her rights of sovereignty had been encroached upon; and that, as a further quantity had been exported without the license of the state, the question was unavoidable, whether the authority of Congress extended to the act. He wished, therefore, that Congress would proceed to decide the question.
Mr. FITZSIMMONS, in behalf of the committee, observed that they went no further than to examine whether the proceedings of the officers of Congress were conformable to the resolution of Congress, and not whether the latter were within the power of Congress.
