suffered their policy to be swayed by such distrusts. The Committee appeared to be considerably impressed with these remarks, and the Legislature suspended their plan."7

THURSDAY, DECEMBER 5TH.

Mr. Lowell and Mr. Read were elected Judges of the Court of Appeals. Mr. P. Smith, of New Jersey, had the vote of that State, and Mr. Merchant, of Rhode Island, the vote of that State.

The resolutions respecting Vermont, moved by Mr. McKEAN on the twenty-seventh day of November, were taken into consideration. They were seconded by Mr. HAMILTON, as entered on the Journal of this day.

coercive clause, Mr.

Previous to the question on the MADISON observed, that as the preceding clause was involved in it, and the Federal Articles did not delegate to Congress the authority about to be enforced, it would be proper, in the first place, to amend the recital in the previous clause by inserting the ground on which the authority of Congress had been interposed. Some who voted against this motion in this stage having done so from a doubt as to the point of order, it was revived in a subsequent stage, when that objection did not lie. The objections to the motion itself were urged chiefly by the Delegates from Rhode Island, and with a view in this, as in all other instances, to perplex and protract the business. The objections were, - first, that the proposed insertion was not warranted by the act of New Hampshire, which submitted to the judgment

of Congress merely the question of jurisdiction; secondly, that the resolutions of August, 1781, concerning Vermont, having been acceded to by Vermont, annulled all antecedent acts founded on the doubtfulness of its claim to Independence. In answer to the first objection the act of New Hampshire was read, which, in the utmost latitude, adopted the resolutions of Congress, which extended expressly to the preservation of peace and order, and prevention of acts of confiscation by one party against another. To the second objection it was answered, first, that the said resolutions of August being conditional, not absolute, the cession of Vermont could not render them definitive; but secondly, that prior to this accession, Vermont having in due form, rejected the resolutions, and notified the rejection to Congress, the accession could be of no avail, unless subsequently admitted by Congress; thirdly, that this doctrine had been maintained by Vermont itself, which had declared, that, inasmuch as the resolutions of August did not correspond with their overtures previously made to Congress, these had ceased to be obligatory; which act, it was to be observed, was merely declaratory, not creative, of the annulment.

The original motion of Mr. McKEAN and Mr. HAMILTON was agreed to, seven States voting for it, Rhode Island and New Jersey in the negative.

FRIDAY, DECEMBER 6TH.

An ordinance, extending the privilege of franking letters to the Heads of all the Departments, was

reported and taken up. Various ideas were thrown out on the subject at large; some contending for the extension proposed, some for a total abolition of the privilege, as well in members of Congress as in others; some for a limitation of the privilege to a definite number or weight of letters. Those who contended for a total abolition represented the privilege as productive of abuses, as reducing the profits so low as to prevent the extension of the establishment throughout the United States, and as throwing the whole burden of the establishment on the mercantile intercourse. On the other side it was contended that, in case of an abolition, the Delegates, or their constituents, would be taxed just in proportion to their distance from the seat of Congress; which was neither just nor politic, considering the many other disadvantages which were inseparable from that distance; that as the correspondence of the Delegates was the principal channel through which a general knowledge of public affairs was diffused, any abridgment of it would so far confine this advantage to the States within the neighbourhood of Congress; and that as the correspondence at present, however voluminous, did not exclude from the mail any private letters which would be subject to postage, and if postage was extended to letters now franked, the number and size of them would be essentially reduced, the revenue was not affected in the manner represented. The ordinance was disagreed to and the subject recommitted, with instruction to the Committee, giving them ample latitude for such report as they should think fit.

A Boston newspaper, containing, under the Provi

dence head, an extract of a letter purporting to be written by a gentleman in Philadelphia, and misrepresenting the state of our loans, as well as betraying the secret proposal of the Swedish court to enter into a treaty with the United States, with the view of disproving to the people of Rhode Island the necessity of the impost of five per cent., had been handed about for several days. From the style and other circumstances, it carried strongly the appearance of being written by a member of Congress. The unanimous suspicions were fixed on Mr. Howell. The mischievous tendency of such publications, and the necessity of the interposition of Congress, were also general subjects of conversation. It was imagined, too, that a detection of the person suspected would destroy in his State that influence which he exerted in misleading its counsels with respect to the impost. These circumstances led Mr. WILLIAMSON to move the proposition on this subject: "Whereas there is reason to suspect, that as well the national character of the United States, and the honor of Congress, as the finances of the said States, may be injured, and the public service greatly retarded, by some publications that have been made concerning the foreign affairs of said States: Resolved, That a committee be appointed to inquire into this subject, and report what steps they conceive are necessary to be taken thereon." It was opposed by no one.

Mr. CLARKE, Supposing it to be levelled in part at him, rose and informed Congress, that not considering the article relative to Sweden as secret in its nature, and considering himself at liberty to make any communications to his constituents, he had dis

closed it to the Assembly of New Jersey. He was told that the motion was not aimed at him, but the doctrine advanced by him was utterly inadmissible. Mr. RUTLEDGE observed, that after this frankness on the part of Mr. CLARKE, as well as from the respect due from every member to Congress, and to himself, it might be concluded, that if no member present should own the letter in question, no member present was the author of it. Mr. HoWELL was evidently perturbated, but remained silent.

The conference with the committee of the Legislature of Pennsylvania, with subsequent information, had rendered it very evident that, unless some effectual measures were taken against separate appropriations, and in favor of the public creditors, the Legislature of that State, at its next meeting, would resume the plan which they had suspended. Mr. RUTLedge, in pursuance of this conviction, moved that the Superintendent of Finance be instructed to represent to the several States the mischiefs which such appropriations would produce. It was observed, with respect to this motion, that, however proper it might be as one expedient, it was, of itself, inadequate ; that nothing but a permanent fund for discharging the debts of the public would divert the States from making provision for their own citizens; that a renewal of the call on Rhode Island for the impost ought to accompany the motion; that such a combination of these plans would mutually give efficacy to them, since Rhode Island would be solicitous to prevent separate appropriations, and the other States would be soothed with the hope of the impost. These observations gave rise to the motion of Mr.