s. In the spring of that year, General
Knox, who commanded the troops still retained in the service of the
United States, was directed to "open a correspondence with the
Commander-in-chief of his Britannic majesty's forces in Canada, in
order to ascertain the precise time when each of the posts within the
territories of the United States then occupied by the British troops
should be delivered up." The measures produced by this resolution
exhibit a curious specimen of the political opinions on the subject of
federal powers, which then prevailed in congress.

It being at that time believed that the British garrisons would
certainly be withdrawn, it became necessary to provide for occupying
the posts when surrendered, with troops belonging to the United
States. A number deemed sufficient for the purpose not having been
retained in service, a motion was made for raising seven hundred men,
by requisitions on the states for that and other objects specified in
the resolution. The power of congress to make these requisitions was
seriously contested, and it was gravely urged that such a power,
connected with the rights to borrow money, and to emit bills of
credit, would be dangerous to liberty, and alarming to the states. The
motion for raising this small number of regulars did not prevail; and
an order was made that except twenty-five privates to guard the stores
at fort Pitt, and fifty-five to guard those at West Point and other
magazines, with a proportionable number of officers, no one to exceed
the rank of captain, the troops already in service should be
discharged, unless congress, before its recess, should dispose of them
in some other manner. For the purpose of garrisoning the posts, seven
hundred militia were required from Connecticut, New York, New Jersey
and Pennsylvania, who should serve twelve months. While the
discussions on this subject were pending, instructions from the
legislature of New York to their delegates were laid before congress,
requesting that body in terms of great strength, in pursuance of the
confederation, to declare the number of troops of which the garrisons
of those posts which were within the limits of that state should
consist. The resolutions asserted a constitutional right to demand
from congress a declaration upon this point, and avowed a
determination to raise the troops should such declaration be withheld.
After the determination of the British government not to surrender the
posts was