Mr. LEE said, the report did not touch the point; that the additional quantity had been exported without application to the state, although the first quantity was licensed by the state with great reluctance, in consequence of the request of Congress, and of assurances against a repetition; and that the superintendent and secretary of Congress ought, at any rate, to have made application to the executive before they proceeded to further exportations.
Mr. RUTLEDGE said, the report went to the very point, that Virginia suspected the resolutions of Congress had been abused by the officers of Congress, and the report showed that no such abuse had taken place; that if this information was not satisfactory, and the state should contest the right of Congress in the case, it would then be proper to answer it on that point, but not before. He said, if the gentleman (Mr. Lee) meant the committee, authorized by Congress on the 29th day of May, 1782, to make explanations on the subject to the legislature of Virginia, had given the assurances he mentioned, he must be mistaken; for none such had been given. He had, he said, formed notes of his remarks to the legislature; but, according to his practice, had destroyed them after the occasion was over, and therefore could only assert this from memory; that nevertheless his memory enabled him to do it with certainty.
Mr. LEE, in explanation, said he did not mean the committee; that the abuse complained of was not that the resolutions of Congress had been exceeded, but that the export had been undertaken without the sanction of the state. If the acts were repeated, he said, great offence would be given to Virginia.
The report was agreed to, as far as the tobacco was concerned, without a dissenting voice; Mr. Lee uttering a no, but not loud enough to be heard by Congress or the Chair. The part relating to the loss of vouchers was unanimously agreed to.
Committee of the Whole.
The report for the valuation of land was amended by the insertion of "distinguishing dwelling-houses from others."
The committee adjourned, and the report was made to Congress.
Mr. LEE and Mr. GERVAIS moved that the report might be postponed to adopt another plan, to wit,—
"To call on the states to return a valuation, and to provide that, in case any return should not be satisfactory to all parties, persons should be appointed by Congress, and others by the states, respectively, to adjust the case finally."
On this question New Hampshire was divided; Massachusetts, no; Rhode Island, ay; Connecticut, no; New York, divided; New Jersey, no; Pennsylvania, no; Virginia, no; Mr. Madison and Mr. Jones, no; Mr. Lee and Mr. Bland, ay; North Carolina, ay; South Carolina, ay: so the motion failed.
Tuesday, February 11.
The report made by the committee of the whole having decided that the mode to be grounded on the return of facts called for from the states ought now to be ascertained,—
Mr. RUTLEDGE proposed, seconded by Mr. GILMAN, that the states should be required to name commissioners, each of them one, who, or any nine of them, should be appointed and empowered by Congress, to settle the valuation. Mr. Gorham was against it, as parting with a power which might be turned by the states against Congress. Mr. Wolcott against it; declares his opinion that the Confederation ought to be amended by substituting numbers of inhabitants as the rule; admits the difference between freemen and blacks; and suggests a compromise, by including in the numeration such blacks only as were within sixteen and sixty years of age. Mr. WILSON was against relinquishing such a power to the states; proposes that the commissioners be appointed by Congress, and their proceedings subject to the ratification of Congress. Mr. MERCER was for submitting them to the revision of Congress; and this amendment was received. Mr. PETERS against the whole scheme of valuation, as holding out false lights and hopes to the public. Mr. RUTLEDGE thinks commissioners appointed by the states may be trusted, as well as commissioners appointed by Congress, or as Congress themselves. Mr. WILSON observes that, if appointed by the states, they win bring with them the spirit of agents for their respective states; if appointed by Congress, they will consider themselves as servants of the United States at large, and be more impartial.
