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1782.] subject of the memorials, and was instructed to make such communications, relative to our affairs abroad, as would correct misinformations. The committee which met them, on the part of the legislature, were Mr. Joseph Montgomery, Mr. Hill, and Mr. Jacob Rush.

The committee of Congress in the conference observed, that the delay of an answer had proceeded in part from the nature of so large an assembly, of which the committee of the legislature could not be insensible; but principally from the difficulty of giving a satisfactory one until Rhode Island should accede to the impost of five per cent, of which they had been in constant expectation; that, with respect to the prospect from Congress for the public creditors, Congress had required of the states interest for the ensuing year, had accepted the territorial cession of New York, and meant still to pursue the scheme of the impost; that as to their affairs in Europe, the loan of six millions of livres only last year had been procured from France by Dr. Franklin, in place of twelve asked by him, the whole of which had been applied; that the loan of five millions of guilders, opened by Mr. Adams, had advanced to about one and a half million only, and there seemed little progress to have been made of late; that the application for four millions, as part of the estimate for the ensuing year, was not founded on any previous information in its favor, but against every intimation on the subject, and was dictated entirely by our necessities; so that, if even no part of the requisitions from the states should be denied or diverted, the support of the war, the primary object, might be but deficiently provided for; that if this example, which violated the right of appropriation delegated to Congress by the Federal Articles, should be set by Pennsylvania, it would be both followed by other states, and extended to other instances; that, in consequence, our system of administration, and even our bond of union, would be dissolved; that the enemy would take courage from such a prospect, and the war be prolonged, if not the object of it be endangered; that our national credit would fail with other powers, and the loans from abroad, which had been our chief resource, fail with it; that an assumption, by individual states, of the prerogative of paying their own citizens the debts of the United States, out of the money required by the latter, was not only a breach of the federal system, but of the faith pledged to the public creditors, since payment was mutually guarantied to each and all of the creditors by each and all of the states; and that, lastly, it was unjust with respect to the states themselves, on whom the burden would fall, not in proportion to their respective abilities, but to the debts due to their respective citizens; and that at least it deserved the consideration of Pennsylvania whether she would not be loser by such an arrangement.

On the side of the other committee it was answered, that the measure could not violate the confederation, because the requisition had not been founded on a valuation of land; that it would not be the first example. New Hampshire and New York having appropriated money raised under requisitions of Congress; that if the other states did their duty in complying with the demands of Congress, no inconvenience would arise from it; that the discontents of the creditors would prevent the payment of taxes; Mr. Hill finally asking whether it had been considered in Congress, how far delinquent states could be eventually coerced to do justice to those who performed their part? To all which it was replied, that a valuation of land had been manifestly impossible during the war; that the apportionments made had been acquiesced in by Pennsylvania, and therefore the appropriation could not be objected to; that, although other states might have set previous examples, these had never come before Congress; and it would be more honorable for Pennsylvania to counteract than to abet them, especially as the example from her weight in the Union, and the residence of Congress, would be so powerful, that if other states did their duty the measure would be superfluous; that the discontents of the creditors might always be answered by the equal justice and more pressing necessity which pleaded in favor of the army, who had lent their blood and services to their country, and on whom its defence still rested; that Congress, unwilling to presume a refusal in any of the states to do justice, would not anticipate it by a consideration of the steps which such refusal might require, and that ruin must ensue, if the states 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.$6$

, December 5.

Mr. Lowell and Mr. Read were elected judges of the Court of Appeals. Mr. P.