Congress is _unconstitutional_? If a thing be neither wrong nor
forbidden it must be admissible. Such a requisition is nowhere
forbidden, and therefore it is admissible if it be not wrong. Now it
cannot be wrong to do that which one is obliged to do, be the act what
it may. And Congress are obliged to make such requisitions. But
further it must be admitted, that they are not contrary to the moral
law. Supposing then, for argument's sake, that the thing asked for,
would if granted be contrary to the confederation. If so, the grant
would alter the confederation. But the grant is not to take effect
without general consent. The confederation was formed by general
consent, and by general consent it may be altered. The requisition,
therefore, if complied with, will by that very compliance become
constitutional.
But it may perhaps be suggested, that the five per cent impost will
not be sufficient for the object in view. This must be acknowledged,
but what inference is to be drawn from thence? Not that Congress
should ask for more. Under the circumstances in which they are placed
it is difficult to ascertain what line of conduct is to be pursued. If
they ask further revenues it may be said, that there is weakness in
framing new demands before old ones are complied with. Every fund will
meet with some opposition, and every opposition encourages new
opponents. The evil presses hard. Public credit is at the last gasp,
or rather it is expired. Not only are we to expect a formidable clamor
from the abused and injured creditors, but there is really very little
hope of obtaining foreign loans. For how can it be expected, that a
Republic without funds should persuade foreigners to lend them money,
while its own citizens, who have already lent theirs, can neither
obtain the interest, nor any solid security, either for interest or
principal.
This, Sir, is an object of great magnitude, and one which directly or
indirectly concerns every inhabitant of the United States. The
critical situation we stand in, has rendered it necessary for Congress
to demand a decided answer. No time is to be lost, for if the revenues
cannot be obtained, the public creditors must be told so in plain
terms. The efforts to borrow further sums must cease of course, and
then the whole weight of the war must fall on the people, in one mode
or the other. It is a very serious question, whether the little
applause, which individuals may gain by specious declamations and
publications should over balance every consideration of national
safety. This serious and important question your Legislature is now,
by the representatives of all America, most solemnly called on to
decide.
I am, Sir, with perfect respect, your Excellency's most obedient and
humble servant,
ROBERT MORRIS.
* * * * *
TO B. FRANKLIN.
Office of Finance. October 27th, 1782.
Sir,
I do myself the honor to enclose the copy of a paper transmitted to me
by the Governor of Virginia. The clothing there mentioned is a part of
those supplies for the State of Virginia, which the Court of France
have charged to the United States. You will recollect the discussions
on the subject. It is with a very sincere desire to remove every
disagreeable trace of them, that I have agreed to a proposition made
me by the Governor of Virginia, in his letter dated in Council Chamber
on the 23d of September last, of which the following is an extract.
"The regulations you have entered into for clothing the continental
army will render useless to the State a quantity of necessaries now in
France, furnished by his Most Christian Majesty; as the terms we have
them on, which I have before transmitted to you, are such as will make
the payment easy to the United States, we shall be obliged to you to
take them off our hands, and take the debt so far as they go to the
States. You will have a copy of the invoice enclosed, by which you
will see, that they will be useful and necessary for the army, which
will, I hope, induce you to oblige the State." The enclosed referred
to, is that above mentioned. I make no doubt, that the Court will
choose to consider the whole of these supplies as advanced on the
credit of the United States. And therefore there is so much the less
objection to taking a part of the goods. As for the remainder, I think
it better for Congress to adjust the matter with Virginia than to
plague the King's Ministers with altercations about it.
I am, Sir, your most obedient and humble servant,
ROBERT MORRIS.
* * * * *
TO THE GOVERNOR OF CUBA.
Philadelphia, November 27th, 1782.
Sir,
I do myself the honor to present to you Mr John Brown of this city,
whom I have charged on the part of the United States with the
negotiation of bills at your port, to the amount of two hundred
thousand dollars. These bills will be drawn on Messrs J. L. & L. Le
Couteulx & Co. at Cadiz. I have already taken the proper measures for
placing in their hands the necessary funds. I presume that the actual
state of things will render it as convenient (either to your
Excellency on the part of the King, or to the merchants) to purchase
bills, as it will be to the United States to sell them. The risk which
attends sending of money to Europe, will probably have raised the
exchange so considerably, as to compensate the risk of bringing it
hither. This, I confess, is the principal reason with me for adopting
this measure.
I shall highly esteem any favorable assistance, which your Excellency
may be pleased to afford Mr Brown on this occasion; and I persuade
myself that the intimate connexion of interests between his Catholic
Majesty and my Sovereign during the continuance of hostilities against
the common enemy, will be a strong inducement with you to promote the
service of the United States.
With sentiments of the most perfect esteem, &c.
ROBERT MORRIS.
* * * * *
TO THOMAS BARCLAY, IN PARIS.
Office of Finance, December 5th, 1782.
Sir,
On the 28th of May last, the United States in Congress resolved, that
a Commissioner be appointed to liquidate and finally settle the
accounts of all the servants of the United States, who have been
intrusted with the expenditure of public moneys in Europe. On the 29th
of July last it was resolved, that the resolution of the 28th of May
be reconsidered, and on motion it was ordered, that the said
resolution be committed. On the 18th of November last, on the report
of a committee to whom, upon a reconsideration the resolution of the
28th of May last was referred, it was resolved that a commissioner be
appointed by Congress with full power and authority to liquidate and
finally to settle the accounts of all the servants of the United
States in Europe; and to commence and prosecute such suits, causes and
actions as may be necessary for that purpose, or for the recovery of
any property of the said United States, in the hands of any person or
persons whatsoever. That the said commissioner be authorised to
appoint one or more clerks, with such allowance as he may think
reasonable; and that the said commissioner and clerks respectively
take an oath, before some person duly authorised to administer an
oath, faithfully to execute the trust reposed in them respectively. On
the same day you were elected the commissioner, and it was resolved,
that Congress would hereafter make adequate provision for the said
commissioner, according to the nature and extent of the services which
he shall perform. And on the 20th of November last it was resolved,
that the Superintendent of Finance be directed to instruct the
commissioner for settling the public accounts in Europe, to take
proper measures for adjusting, without delay the accounts of M. de
Beaumarchais, or Roderique Hortales & Co. and to report such
settlement to Congress; that order may be taken for the payment of the
balance, if any shall be justly due; and that, in the meantime, no
farther remittances or payments be made to M. de Beaumarchais or
Roderique Hortales & Co. by virtue of any former resolution of
Congress.
Enclosed herein, you will find a commission authorising you to act in
this business; and I shall now endeavor to give you such explanations
and directions as may be necessary for the accomplishment of it,
consistently with the views and intentions of the United States in
Congress. You will undoubtedly remark, that no sum is fixed upon as
the compensation for this duty; the reason of which is apparent, that
until the completion of it, neither the nature nor extent can be
perfectly known. This might, perhaps, have induced a monthly or annual
stipend, to any other commissioner, but as your other duties may, and
probably will, occupy a part of your time and attention, which must
nevertheless be indeterminate, so it follows, that no points could be
properly assumed, by which the reasonable extent of such a stipend
could be known. I have reason to believe, that it is in the intention
of Congress to make a generous allowance for the performance of this
service; and I am persuaded, that by attention, assiduity and the
faithful exertion of your talents and abilities, you will merit their
regard.
The appointment of your clerks, as well as the ascertaining their
number and reward, are left to your discretion. You will on this
occasion consult the principles of true economy, which dictate the
employing as many persons as are capable of performing the service and
no more; the taking care that those employed are capable of performing
the business committed to them, and the obtaining such a number of
such persons, on the cheapest terms, for which they can be procured.
But the worst economy in the world is, to employ improper men. That
you may be enabled to form a judgment of the talents necessary to a
clerk, you will observe that Congress in their ordinance of the 11th
of September, 1781, for regulating the treasury and adjusting the
public accounts, ordained and declared that the clerks, the number of
whom should be regulated by the Superintendent of Finance, should be
appointed by the Controller. That it should be their duty to examine
all accounts which should be committed to them by the controller, to
correct all errors, and to note in writing what may appear
exceptionable, either as to the propriety of the charges or the
validity of the vouchers, and transmit the accounts with their remarks
to the auditor. And that the party for himself, and the clerk on
behalf of the public should be heard before the auditor. From the
nature of the commission intrusted to you, it follows that you must
both commit the account to the clerk and afterwards audit it, as well
as finally determine on and adjust it; which last is done here by the
controller, except in cases where the appointment of a commissioner
has been necessary, with authorities similar to yours. It is to be
apprehended, that the accounts will, in many instances, be exhibited
to you informally; and as it is not only useful in the first settling
of complicated accounts to adhere to settled forms, but absolutely
necessary to the clear and easy understanding of them after they are
settled, so it will frequently become necessary to have the accounts
restated, and all the vouchers of them numbered by your clerks. And
although all your own care and attention will always be requisite to
detect and discover errors and frauds, yet so much will depend on the
accuracy and abilities of the clerks in these investigations, that I
cannot too strongly recommend to your attention the choice of able
accountants for that purpose.
With respect to the accounts of M. de Beaumarchais, much has been
said, and therefore I might dispense, perhaps, with saying anything;
but as I have reason to believe, that whatever may have been the
character of the persons concerned, either for ability or integrity,
the business which has passed through their hands has not been well
done, I must desire that these accounts undergo your strictest
scrutiny. You will probably find some other large accounts which merit
a like attention. In every such case, the observations made here will
be equally applicable. You are too well acquainted with mercantile
business, not to know what, how, and when commissions are chargeable
on a transaction. I believe that knowledge and information on this
subject will be found very necessary. They will be indispensable
should it be attempted to charge several commissions on the same
thing, whether it be done openly, as such, or covertly, as brokerage,
factorage and the like, or still more covertly, for increase of
original price. Hence, therefore, it will be found necessary to
consider well the original prices; and it is much to be lamented that
samples of the articles cannot be laid before you, because many have
been received of a quality not only base but despicable.
It is not possible at this distance of time and place, to ascertain by
whom such articles were purchased, and indeed many of those which have
been shipped have never arrived; under such circumstances it becomes
your duty, to require proof of the quality of such articles as appear
charged to the United States, and the idea will naturally suggest
itself that the character of the party making the charge will
influence the necessity of such proof, as the validity of the proof
itself will be influenced by the character of the witnesses.
Had these transactions been merely confined to the purchase and
delivery of goods, they might, perhaps, easily have been investigated,
but they extend themselves to many other things, among which is the
transportation, and expenses incident to it. Under this head, two
objects present themselves immediately to view. First, whether due
care was taken in the mode of transportation adopted; and secondly,
whether the expense has been reasonable or exorbitant. With respect to
the latter, it will certainly be your duty to correct improper or
exorbitant charges. But in the former case, your conduct must be
directed by circumstances in their nature so various as to admit of no
prescribed rule, and therefore I can only recommend it to you to
consult the interests of the United States as far as the principles
of justice will permit. I know it is unnecessary to tell you that the
delivery of goods purchased and transported should be shown before the
charges are admitted; but I must desire that the evidence on this
subject may be so clear and plain as to enable us to call the receiver
of them to account. Cases will doubtless occur of loss by the
accidents of the sea and by enemies; these also should be clearly
proved, and the causes, as much as possible, investigated.
Your commission will entitle you to aid and protection in the
execution of the duties committed to you; and you will make the
necessary applications on the subject to the proper persons, whenever
circumstances shall require. A primary object will be to discover what
sums have at any time or times been paid to the use of the United
States. These can, I suppose, be discovered, and the names of the
persons to whom they have been paid, although it is possible that in
certain cases the persons by whom they have been paid will not be
known to you. The first account you form will be a general one, under
the title of loans and subsidies obtained in Europe on account of the
United States. The debt of this account you may leave in blank, but
the credit side will consist of the sums paid to the use of the United
States, and the persons to whom they were paid. Every account of these
persons will, of course, be debited in particular accounts, for the
respective sums so credited. These sums then they are to account for,
and where they have paid over to others, such payments are again to be
accounted for, until they are traced to a final appropriation, which
will be of articles purchased for, or services rendered to the United
States.
In the course of this investigation, however, it may happen, that in
some case of payment by one to another, the receiver shall not account
properly; on which the question will arise, how far the payment is to
operate a discharge to the party by whom it was made. This question
admits of so many modifications, according to the varieties of
possible circumstances, that no provision can be made, which will be
applicable to all. I have therefore thought it best to enclose for
your perusal, the instructions on this subject to Commissioners
appointed for settling the old accounts of the civil departments. You
will govern yourself by the spirit of these instructions, according to
circumstances, as they arise. I have already observed, that the final
appropriation of moneys must be traced to articles purchased, and
services rendered; but such a general distinction would not be
sufficiently clear in the stating of accounts; you will place this
final appropriation, therefore, under one or other of these following
general heads.
1st. _Salaries and Expenses of Public Ministers, Commissioners, and
Agents._ In this account you will charge all moneys advanced to any
public servants of the United States in Europe on account of their
salaries or expenses.
2d. _Clothier General's Department._ In this account you will charge
every article of clothing, which may have been purchased.
3d. _Commissary of Military Stores' Department._ In this account you
will charge all arms, ammunition, and the like.
4th _Quarter Master General's Department._ In this account you will
charge tents, sheet tin for camp kettles, and other articles properly
belonging to that department.
5th. _Marine Department._ In this you will charge all moneys expended
in building or buying ships of war, and fitting them out, with the
incidental charges; also all naval stores purchased for the United
States, and the like.
6th. _Hospital Department._ In this you will charge all instruments,
medicines, &c. &c. appertaining to that department.
7th. _Merchandise General._ In this you will charge such articles of
stores as do not fall within the second, third, fourth, fifth, and
sixth heads, if any such there be, and also any articles which you
shall be doubtful as to the account they ought to be carried to.
8th. _Transport Service._ In this you will charge the purchase,
freightment, hire, insurance, and the like, of ships or vessels for
the purpose of bringing any articles to America.
9th. _Contingent Service._ In this you will charge the expense of land
transportation, expresses, storages, and other like articles; also all
those things, which do not fall properly under some other general
head.
10th. _Prisoners and Americans in Europe._ In this you will charge all
moneys paid for or to American prisoners or other Americans; taking
care so to designate and specify these charges and the parties, so
that those who are able may be called on for repayment. The names and
usual places of abode will as far as they are attainable, be of
importance.
11th. _Foreign Officers._ In this you will charge all sums advanced or
paid to foreign officers coming to or returning from America.
12th. _Interest of Debts._ In this you will charge all sums paid on
the interest bills of exchange, issued from the several Loan Offices,
and any other interest moneys, which may have been paid.
13th. _Bills of Exchange._ In this you will charge all sums paid on
bills of exchange, drawn by order of Congress.
It is not impossible, that in the course of your business, you may
find it necessary to raise some other such general accounts, and if
so, you will raise them accordingly. You will take care to attend
strictly to the propriety of all charges made, and to the validity of
the vouchers by which they are supported. You will examine very
particularly into the accounts of armed vessels fitted out in Europe
on account of the United States, especially of those wherein any
individuals shall appear to have been interested. And you will bring
those persons to account, into whose hands any prizes, or moneys for
the sales of prizes, may have come, so that justice may be done as
well to the public as to the captors concerned therein.
Whenever you finally settle an account, you will take care to be
possessed of the several vouchers, which together with the account are
to be kept in your Consular office, until further orders; but you will
transmit quadruplicate copies of the general accounts by safe
conveyances as soon as possible.
I am, Sir, your most obedient, &c.
ROBERT MORRIS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Office of Finance, December 12th, 1782.
Sir,
On the 7th of January last, Congress were pleased to resolve, that it
be an instruction to the Superintendent of Finance, to prepare and
report to Congress a table of rates, at which the different species
of foreign coins, most likely to circulate within the United States,
shall be received at the treasury thereof. In consequence of this
resolution, I took the liberty to recommend the establishment of a
mint, which was agreed to. I have taken many steps to carry that
resolution into effect, and hoped by this time to have laid a
satisfactory state of it before Congress. Delays, the causes of which
need not be enumerated, have hitherto procrastinated this matter
beyond my expectations. But there are many reasons why an immediate
regulation of foreign coins should now be made. It is not the least
among them, that all our dollars are rapidly going to the enemy in
exchange for light gold, which must eventually cause a considerable
loss and scarcity of silver, which will be severely felt. I take the
liberty, therefore, to suggest the following Act.
Whereas, by the Articles of Confederation and Perpetual Union, the
United States in Congress assembled, are vested with the sole and
exclusive right and power of regulating the alloy and value of coins
struck off by their own authority, or by that of the respective
States; and whereas, the several requisitions on the States and the
public accounts of those United States are made and kept in dollars;
and whereas, it is of importance, that until money be coined by
authority of the United States, some fixed proportion be established
between the different foreign coins, most likely to circulate; be it,
therefore ordained, by the United States in Congress assembled, and it
is ordained by authority of the same, that from and after the 1st day
of January, in the year of our Lord, one thousand seven hundred and
eightythree, English silver coin be received at the rate of one dollar
and sixteen ninetieths of a dollar by the ounce; Dutch silver coin at
the rate of one dollar and fifteen ninetieths by the ounce; French
silver coin at the rate of one dollar and fourteen ninetieths by the
ounce; Portuguese silver coin at the rate of one dollar and thirteen
ninetieths by the ounce; English, Spanish, and Portuguese gold coin at
the rate of sixteen dollars and sixtyeight ninetieths by the ounce.
I take the liberty to observe, Sir, that this estimate of coins is
founded upon the quantity of alloy, which they respectively contain.
The weight of each particular piece current among us is so
indeterminate, that the value by tale cannot be fixed; but whenever
the rates at which they go as bullion are known, a table may be formed
in each State for the tale, according to the customary weight which
prevails.
I have the honor to be, &c.
ROBERT MORRIS.
* * * * *
GEORGE WASHINGTON TO ROBERT MORRIS.
Head Quarters, December 20th, 1782.
Sir,
In consequence of a resolve of Congress, I some time since directed an
inscription with some devices to be engraven on the cannon to be
presented to the Count de Rochambeau, and enclosed is a certificate of
General Knox relative to the execution of the work and its price.
In answer to Mr Billings's application to me for his pay, I informed
him I would write you on the subject, and did not doubt you would
order payment to be made.
I have the honor to be, &c.
GEORGE WASHINGTON.
* * * * *
TO B. FRANKLIN.
Office of Finance, January 11th, 1783.
Sir,