It is well known that hostilities ceased at the time of publishing the provisional articles which formed the basis for the treaty of peace; but can any man say that every soldier had a right on that event to demand a discharge? Surely not. The provisional articles had the peace in contemplation, but the army was not to be discharged till the articles of the definitive treaty were ratified by the belligerent powers. The army of the United States was, therefore, only furloughed, and Congress retained the power of recalling them into service; and had the officers and soldiers been recalled from their furloughs to take the field, it would have been a continuance of the same war; but if the definitive treaty had been signed, and hostilities had commenced the very next day, it would have been a new war, and would have been prosecuted on entirely new principles. The second article of the provisional treaty looks forward to a future period for a conclusion of the war; and he inferred, that the definitive articles being ratified, and the ratifications exchanged, alone constituted a termination of the war. Mr. L. added some observations on the legal ideas of Mr. Ames, in which he also differed from that gentleman; and concluded by expressing his approbation of the Report of the Secretary of War.
Mr. Ames's remarks were further combated by Mr. Williamson, Mr. Dayton, Mr. Hillhouse, Mr. Wadsworth, Mr. Clark, and Mr. White.
Mr. Wayne was opposed to the report, and stated certain particulars to show that the army was not furloughed by Congress because it was apprehended there would be any further demand for their services, but because it was inconvenient to give them an absolute discharge at that period.
The motion for accepting the Secretary's Report was carried by a large majority.
Wednesday, November 9.
Two other members, to wit: from Maryland, William Vans Murray; and from South Carolina, Thomas Sumter; appeared, produced their credentials, and took their seats in the House.
The Speaker laid before the House a letter from the Governor of Maryland, enclosing a letter to him from William Pinkney, a member returned to serve in this House for the said State, containing his resignation of that appointment; also a return of John Francis Mercer, elected a member to serve in this House, in the room of the said William Pinkney: which were read, and ordered to be referred to the standing Committee of Elections.
Thursday, November 10.
The Census.
The House again resolved itself into a Committee of the whole House on the Schedule of the Enumeration of the Inhabitants of the United States.