After my Return from New York in May last, I presented an Account to the Comptroller General in order to obtain a warrant from Council for a few weeks Pay as a Member in Congress. Considering it as a Business of course I neglected further Application for some Time, but was at length told that Doubts had arisen in Council whether I was entitled to the Pay stated in the account or not. These Doubts seem to have arisen on one or other of the two following suppositions.
1st. That the Assembly, by the Election of Gen. Armstrong intended to supercede my Appointment, or
2dly. That the time limited by the Constitution for my Continuance, was expired before I gave the Attendance for which I have claimed Pay.
As to the first, I am far from questioning the Right of the Assembly to supercede any one of their Delegates whenever they think proper. But having never received any Intimations of their Disapprobation of my Conduct as a Delegate, I cannot suppose they intended to brand me with so unusual a Mark of Displeasure.
As to the second. The Federal Constitution limits the Service of Members to three years. It was for some Time doubted whether the three years should be computed from the Time of their respective appointments, or the Time of taking their Seats in Congress; but the words being that “no Person shall be capable of being a Delagate “for more than three years in any Term of six years,” the former Construction has prevailed. The words of Limitation in the Constitution of Pennsylvania are “no man shall sit in Congress longer than two years successively.” Hence it has been generally understood that the two years, so far as this Limitation applies, commence at the Time a Delegate takes his Seat in Congress, and this Construction has prevailed in Practice.
Those who best know me will do me the Justice to believe, that altho’ I was duly sensible of the Honor conferred upon me by the Appointment, I was far from soliciting it; and that I should have been equally far from obtruding my Services in this last Period of Attendance if I could have supposed they would have been either deemed unacceptable or founded on doubtful Authority. I therefore take the Liberty of stating to your Excellency and the honble the Supreme Executive Council my view of the Subject at the Time of the Transaction.
In April 1785, The Legislature did me the Honor to elect me a Delegate. Being a Member of the House at the Time, I had some Doubts, in point of Delicacy of accepting the appointment, and had actually refused at a former Session to permit my Name to remain in the List of nominations; but it was again urged so warmly that I did not absolutely refuse, neither did I announce an Aceptance till some Time after the Session ended. In May I received the Credentials of my Appointment, and on the 27th of that Month I presented them and took a Seat in Congress. In the November Session following I was again appointed for the ensuing year. In November, 1786, I received a third appointment. As the Constitutional Limitation would admit but a few Months Continuance under this appointment, it was to me both unexpected and undesired; but being at New York at the time, and considering it as an honorable Testimony of Approbation which demanded my Gratitude, I accepted and continued to act under it till the Arrival of a sufficient number of my honorable Colleagues enabled me to retire for some Time without leaving the State unrepresented. This had so seldom happened before, that I felt the stronger occasion to avail myself of the Relief, and remained absent from Congress till the beginning of April 1787, during which Time so many States were unrepresented that little Progress was made in Business. Considering that the Time limited by the Constitution for my Continuance in the Delegation would expire on the 26th day of May, I began to decline the Thought of returning to that Duty; but there were then but two Delegates from this State at New York, one of whom was by his Station precluded from the ordinary Duties of a Member, and the other having signified to me his Desire to be relieved by a particular Day at which he must withdraw himself for a Time: recollecting moreover that some Matters of Business were likely to be resumed in Congress which my honorable Colleagues had had less opportunity of investigating than myself, I thought it my duty to give my Attendance tho’ it should be but for a few weeks. On the Day of my arrival in Congress, General Irvine, who had been impatiently waiting for a Relief, departed. I had heard that General Armstrong was elected and supposed that the Intention was to guard against a Vacancy when my Time should be expired, but had no Reason to suppose it was designed to affect my Continuance during that Time, nor did I receive any notification of such Election otherwise than from common Report, neither did I know till sometime after I went to Congress that the Gentleman elected had determined to accept the appointment. On his arrival at New York sometime afterwards, I obtained a sight of his Credentials and consulted with him and the President of Congress on the occasion, intending to retire immediately if I should discern the least Intimation that such had been the Design of the Legislature; but nothing of the kind appearing, I continued my attendance in Congress till about the 18th or 20th of May when I withdrew, supposing my Time of Service to be within a few Days of expiring by the Limitation.
I have taken the Liberty to ask the Attention of your Excellency and the honble Council to these Particulars not so much with a view to the Sum I have claimed, however desirable it may be to me, as in order to remove the Appearance of Censure which a Refusal of it would seem to imply, and which I am not conscious of having deserved. I have the honor to be, with great Respect, Sir, Your most obedient and most humble servant.