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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Item 387 of 1380
Journals of the Continental Congress --FRIDAY, APRIL 13, 1787.
Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
FRIDAY, APRIL 13, 1787.

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Congress Assembled, present Massachusetts Rhode Island, Connecticut, New York, Pensylvania, Virginia, North Carolina and Georgia, and from New Jersey Mr [Abraham] Clark, from Delaware Mr [Dyre] Kearny and from South Carolina Mr [Daniel] Huger.

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The Secretary for foreign Affairs having in pursuance of an order of Congress reported the draught of a letter1 to the States to accompany the resolutions passed the 21st. day of March 1787, the same was taken into consideration, and Unanimously agreed to, as follows,

[Note 1: 1 Original report, read April 9, 1787, is in Papers of the Continental Congress, No. 81, III, pp. 213--224. In broadside, signed by Charles Thomson, it is in Papers of the Continental Congress, No. 49, pp. 329--331. See March 21, 1787.]

Sir: Our Secretary for foreign Affairs has transmitted to You copies of a letter2 to him from our Minister at the Court of London of the 4th. day of March 1786, and of the papers mentioned to have been enclosed with it.

[Note 2: 2 Papers of the Continental Congress, No. 84, VI, p. 147, with its enclosures on pp. 151--175.]

We have deliberately and dispassionately examined and considered the several facts and matters urged by Britain as infractions of the treaty of peace on the part of America, and we regret that in some of the States too little attention appears to have been paid to the public faith pledged by that treaty. Not only the obvious dictates of religion, morality and national honor, but also the first principles of good policy, demand a candid and punctual compliance with engagements constitutionally and fairly made. Our national constitution having committed to us the management of the national concerns with foreign States and powers, it is our duty to take care that all the rights which they ought to enjoy within our Jurisdiction by the laws of nations and the faith of treaties remain inviolate. And it is also our duty to provide that the essential interests and peace of the whole confederacy be not impaired or endangered by deviations from the line of public faith into which any of its members may from whatever cause be unadviseedly drawn. Let it be remembered that the thirteen Independent Sovereign States have by express delegation of power, formed and vested in us a general though limited Sovereignty for the general and national

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purposes specified in the Confederation. In this Sovereignty they cannot severally participate (except by their Delegates) nor with it have concurrent Jurisdiction, for the 9th. Article of the confederation most expressly conveys to us the sole and exclusive right and power of determining on war and peace, and of entering into treaties and alliances &c. When therefore a treaty is constitutionally made ratified and published by us, it immediately becomes binding on the whole nation and superadded to the laws of the land, without the intervention of State Legislatures. Treaties derive their obligation from being compacts between the Sovereign of this, and the Sovereign of another Nation, whereas laws or statutes derive their force from being the Acts of a Legislature competent to the passing of them. Hence it is clear that Treaties must be implicitly received and observed by every Member of the Nation; for as State Legislatures are not competent to the making of such compacts or treaties, so neither are they competent in that capacity, authoritatively to decide on, or ascertain the construction and sense of them. When doubts arise respecting the construction of State laws, it is not unusual nor improper for the State Legislatures by explanatory or declaratory Acts to remove those doubts; but the case between laws and compacts or treaties is in this widely different; for when doubts arise respecting the construction of State laws sense and meaning of a treaty they are so far from being cognizable by a State Legislature that the United States in Congress Assembled have no Authority to settle and determine them; For as the Legislature only which constitutionally passes a law has power to revise and amend it, so the sovereigns only who are parties to the treaty have power, by mutual consent and posterior Articles to correct or explain it.

In cases between Individuals, all doubts respecting the meaning of a treaty, like all doubts respecting the meaning of

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a law, are in the first instance mere judicial questions, and are to be heard and decided in the Courts of Justice having cognizance of the causes in which they arise; and whose duty it is to determine them according to the rules and maxims established by the laws of Nations for the interpretation of treaties. From these principles it follows of necessary consequence, that no individual State has a right by legislative Acts to decide and point out the sense in which their particular Citizens and Courts shall understand this or that Article of a treaty.

It is evident that a contrary doctrine would not only militate against the common and established maxims and Ideas relative to this subject, but would prove no less inconvenient in practice, than it is irrational in theory; for in that case the same Article of the same treaty might by law be made to mean one thing in New Hampshire, another thing in New York, and neither the one nor the other of them in Georgia.

How far such legislative Acts would be valid and obligatory even within the limits of the State passing them, is a question which we hope never to have occasion to discuss. Certain however it is that such Acts cannot bind either of the contracting Sovereigns, and consequently cannot be obligatory on their respective Nations.

But if treaties and every Article in them be (as they are and ought to be) binding on the whole Nation, if individual States have no right to accept some Articles and reject others, and if the impropriety of State Acts to interpret and decide the sense and construction of them be apparent; still more manifest must be the impropriety of State Acts to controul, delay or modify the operation and execution of these national compacts.

When it is considered that the several States Assembled by their Delegates in Congress have express power to form treaties, surely the treaties so formed are not afterwards to

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be subject to such alterations as this or that State Legislature may think expedient to make, and that too without the consent of either of the parties to it--that is, in the present case, without the consent of all the United States, who collectively are parties to this treaty on the one side, and his britannic Majesty on the other. Were the Legislatures to possess and to exercise such power, we should soon be involved as a Nation in Anarchy and confusion at home, and in disputes which would probably terminate in hostilities and War with the Nations with whom we may have formed treaties. Instances would then be frequent of treaties fully executed in one State, and only partly executed in another and of the same Article being executed in one manner in one State, and in a different manner, or not at all in another State. History furnishes no precedent of such liberties taken with treaties under form of Law in any nation. Contracts between Nations, like contracts between Individuals, should be faithfully executed even though the sword in the one case, and the law in the other did not compel it, honest nations like honest Men require no constraint to do Justice; and tho impunity and the necessity of Affairs may sometimes afford temptations to pare down contracts to the Measure of convenience, yet it is never done but at the expence of that esteem, and confidence, and credit which are of infinitely more worth than all the momentary advantages which such expedients can extort.

But although contracting Nations cannot like individuals avail themselves of Courts of Justice to compel performance of contracts, yet an appeal to Heaven and to Arms, is always in their power and often in their Inclination.

But it is their duty to take care that they never lead their people to make and support such Appeals, unless the sincerity and propriety of their conduct affords them good

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reason to rely with confidence on the Justice and protection of Heaven.

Thus much we think it useful to observe in order to explain the principles on which we have unanimously come to the following resolution, (viz) "Resolved, That the Legislatures of the several States cannot of right pass any Act or Acts for interpreting, explaining or construing a national treaty or any part or clause of it, nor for restraining, limiting or in any manner impeding, retarding, or counteracting the operation and execution of the same; for that on being constitutionally made, ratified and published they become in virtue of the confederation part of the Law of the Land, and are not only independent of the will and power of such Legislatures, but also binding and obligatory on them."

As the treaty of peace so far as it respects the matters and things provided for in it, is a Law to the United States, which cannot by all or any of them be altered or changed, all State Acts establishing provisions relative to the same objects, which are incompatible with it, must in every point of view be improper. Such Acts do nevertheless exist, but we do not think it necessary either to enumerate them particularly, or to make them severally the subjects of discussion. It appears to us sufficient to observe and insist, that the treaty ought to have free course in its operation and execution, and that all obstacles interposed by State Acts be removed. We mean to act with the most scrupulous regard to Justice and candour towards Great Britain, and with an equal degree of delicacy, moderation and decision towards the States who have given occasion to these discussions.

For these reasons we have in general terms

Resolved, That all such Acts or parts of Acts, as may be now existing in any of the States repugnant to the treaty of peace ought to be forthwith repealed, as well to prevent their continuing to be regarded as violations of that treaty as to

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avoid the disagreeable necessity there might otherwise be of raising and discussing questions touching their validity and obligation.

Although this resolution applies strictly only to such of the States as have passed the exceptionable Acts alluded to, yet to obviate all future disputes and questions as well as to remove those which now exist, we think it best that every State without exception should pass a law on the Subject. We have therefore "Resolved, That it be recommended to the several States to make such repeal rather by describing than reciting the said Acts, and for that purpose to pass an Act, declaring in general terms, that all such Acts and parts of Acts repugnant to the treaty of peace between the United States, and his Britannic Majesty, or any Article thereof, shall be and thereby are repealed; And that the Courts of Law and Equity in all causes and Questions cognizable by them respectively, and arising from or touching the said Treaty, shall decide and adjudge according to the true intent and meaning of the same, any thing in the said Acts or parts of Acts to the contrary thereof in any wise notwithstanding.

Such Laws would answer every purpose and be easily formed, the more they were of the like tenor throughout the States the better. They might each recite that, Whereas certain laws or Statutes made and passed in some of the United States, are regarded and complained of as repugnant to the Treaty of peace with Great Britain, by reason whereof not only the good faith of the United States, pledged by that treaty has been drawn into Question, but their essential Interests under that treaty greatly affected. And Whereas Justice to Great Britain as well as regard to the honor and Interests of the United States require, that the said treaty be faithfully executed, and that all obstacles thereto, and

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particularly such as do or may be construed to proceed from the Laws of this State, be effectually removed, therefore,

Be it enacted byand it is hereby enacted by the Authority of the same, that such of the Acts or parts of Acts of the Legislature of this State, as are repugnant to the treaty of peace between the United States, and his britannic Majesty, or any Article thereof, shall be and hereby are repealed. And further that the Courts of Law and Equity within this State be and they hereby are directed and required, in all causes and questions cognizable by them respectively, and arising from or touching the said treaty, to decide and adjudge according to the tenor, true intent and meaning of the same anything in the said Acts or parts of Acts to the contrary thereof in any wise notwithstanding.

Such a general Law would we think be preferable to one that should minutely enumerate the Acts and clauses intended to be repealed; because omissions might accidentally be made in the enumeration, or Questions might arise and perhaps not be satisfactorily determined respecting particular Acts or clauses, about which contrary opinions may be entertained. By repealing in general terms all Acts and clauses repugnant to the treaty, the business will be turned over to its proper Department, viz, the Judicial, and the Courts of Law will find no difficulty in deciding whether any particular Act or clause is or is not contrary to the treaty. Besides when it is considered that the Judges in general are Men of Character and Learning, and feel as well as know the obligations of Office and the value of reputation, there is no reason to doubt that their conduct and Judgments relative to these as well as other Judicial matters will be wise and upright.

Be please, Sir, to lay this letter before the Legislature of Your State without delay. We flatter ourselves they will concur with us in opinion, that candour and Justice are as

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necessary to true policy, as they are to sound Morality, and that the most honorable way of delivering ourselves from the embarrassment of mistakes is fairly to correct them. It certainly is time that all doubts respecting the public faith be removed, and that all questions and differences between us and Great Britain be amicably and finally settled. The States are informed of the reasons why his britannic Majesty still continues to occupy the frontier Posts, which by the treaty he agreed to evacuate; and we have the strongest assurances that an exact compliance with the treaty on our part, shall be followed by a punctual performance of it on the part of Great Britain.

It is important that the several Legislatures should as soon as possible take these matters into consideration; and we request the favor of You to transmit to us an authenticated copy of such Acts and proceedings of the Legislature of Your State, as may take place on the Subject, and in pursuance of this letter.

By order of Congress,

President.1

[Note 1: 1 The entire proceeding relative to the letter to the States is also entered by Benjamin Bankson in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1593--1602.]

2The Secretary for Foreign Affairs having in Obedience to the Order of the 4th. reported a State of his negotiation with the Encargado de Negocios of Spain.3 the same was read as follows,

[Note 2: 2 From this point to the end of the day the entries are by Benjamin Bankson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1565--1592.]

[Note 3: 3 Papers of the Continental Congress, No. 81, III, pp. 227--232, read April 12, 1787. Assigned for Wednesday April 18, 1787.]

Office for Foreign Affairs
11th. April 1787.

Sir: In Obedience to the Order of Congress directing me to give Information of the State of my negotiation

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with the Encargardo de Negocios of Spain &c, I have the honor of informing Your Excellency that on the 6th. October last I wrote the following Letter to Mr. Gardoqui, Vizt.

"Office for Foreign Affairs
6th. October 1786.

Sir: The Letter you did me the honor to write the 25th. May last was immediately laid before Congress. The Subjects of our Negotiation have frequently since engaged their Attention and Consideration, and I have now the pleasure to inform you that in consequence of some recent Acts I find myself more in Capacity than I was, to make and receive propositions relative to certain Matters in difference between our Countries. I shall be happy if our Negotiations should be so fortunate as to terminate in a Treaty satisfactory to both.

As soon as some Business which I must immediately dispatch shall be completed, which will be in the Course of a few days, it will give me pleasure to renew our Conferences, and I will do myself the honor of giving you notice of it without delay.

With great Consideration and Esteem I have the honor to be, &c.

(Signed) John Jay

Senr. Don Diego De Gardoqui

Encargado de Negocios of his Catholic Majesty."

That I have since had several Conferences with Mr. Gardoqui on the well known points in difference between us, Viz. on the navigation of the River Mississippi and on the Limits.

With respect to the first point we have had repeated Conversations which produced nothing but debate, and

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in the Course of which we did not advance one single step nearer to each other. He continued and still continues decided in refusing to admit us to navigate the river below our Limits on any Terms or Conditions, nor will he consent to any Article declaring our Right in express Terms, and stipulating to forbear the use of it for a given Time. But he did not appear to me so decidedly opposed to the same Ideas in the way of Implication, though he did not say so. I drew that Inference from a number of Circumstances, but yet he said nothing so unequivocal to warrant it, as to commit himself. I thought it therefore adviseable to try how far he would silently yield to that Idea; and therefore drew up Articles in a variety of shapes, clearly implying the Right and expressly forbearing the Use during the Term of the Treaty. These Drafts he positively refused to admit; and finding that Arguments in support of them rather irritated than convinced him, we parted without doing anything. Subsequent Conferences took place, and he continuing inflexible in refusing the Articles as they stood, we gradually but very cautiously talked of amendments. It was my Business to endeavour to change the dress but retain the Spirit and Sense, many difficulties and questions unnecessary to detail, occurred. It was however finally so adjusted as in my Opinion to save the Right and only suspend the Use during the Term of the Treaty; at the expiration of which this and every other Article in it would become null and void. It is as follows Viz

"And to the End that this Treaty may the more effectually provide for the continuance of that perfect Harmony which at present happily subsists between his Catholic Majesty and the United States; and that all differences and questions, which might otherwise arise

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respecting the navigation of the River Mississippi may be avoided and obviated by an amicable stipulation on that Subject. As his Catholic Majesty's System of Government and Policy prohibits all foreign Trade, Intercourse, and Commerce within his Territories, and as the United States are desirous as far as possible to meet the wishes of his Majesty, and to evince the Sense they entertain of his friendly disposition toward them, and of the recent proofs he has been pleased to give them of it, Therefore it is expressly stipulated and concluded that his Catholic Majesty and the United States are freely, and in common, and without receiving any Interruption from each other, to use and navigate the said River from its source down to the southern Boundary of the said States; and that the United States will faithfully observe that Limitation, and not navigate or use the said River below, or further down than the said Boundary in any part of its course therefrom through his Majesty's Countries to the Mouth thereof."

Congress will doubtless observe that the Reasons assigned in this Article for forbearance, militate against a supposition of his Majesty's having an exclusive Right; for it does not either admit his right or relinquish ours, but on the contrary, in order to avoid and obviate differences and questions, to suit his Majesty's system of Government and policy, to meet the King's wishes, and to evince our Sense of his Friendship, it only stipulates not to use &c.

On that and every other occasion I thought it best to be very candid with Mr. Gardoqui. I told him that he must not conclude that what I might think expedient would also be deemed so by Congress, and hoped that when he considered they were sitting in the same place

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with us, he would see the propriety of my observing the greatest delicacy and Respect towards them.

As to the Limits, I have reason from him to believe that notwithstanding the Extent of their Claims, he would in case all other Matters were satisfactorily adjusted, so far recede as to give up to us all the Territories not comprehended within the Floridas as ascertained by our separate and secret Article with Great Britain, of which I early perceived that he was well informed.

As he could not in any manner be drawn lower down than this Line, it struck me that it would be prudent to confine if possible all questions of Limits to the Land between the two Lines; and therefore hinted the Expediency of settling the dispute so limited by Commissioners. He expressed no reluctance to this, and I believe he has written for Instructions on that point but am not certain. He seemed very cautious of committing himself; and I cannot now say that he admitted our right to extend down to the first Line, but only gave me to understand that, all other Things being agreed, his Majesty from motives of Accommodation might be content with that Limitation.

These are the Facts, and so Matters at present stand between him and me. A variety of circumstances and considerations which I need not mention, render this negociation dilatory, unpleasant and unpromising; and it is much to be wished that the United States could jointly and unanimously adopt and pursue some fixed and stable plan of policy in regard to Spain, especially during the residence of Mr. Gardoqui, who I do verily believe is sincerely disposed to do every Thing useful and Acceptable to America, that his Instructions and

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the essential Interests of his Country, as understood by him and his Master, will permit.

I have the honor to be &c.

(Signed) John Jay

His Excellency The President of Congress

1The following report2 from the Secretary for foreign Affairs was also read

[Note 1: 1 Charles Thomson wrote this sentence.]

[Note 2: 2 Papers of the Continental Congress, No. 81, III, pp. 235--240, read April 13, 1787. Assigned for Wednesday, April 18, 1787. See March 28 and 30, 1787.]

Office for Foreign Affairs 12th. April 1787.

The Secretary of the United States for the Department of Foreign Affairs, to whom was referred certain papers communicated to Congress by the Honorable the Delegates of Virginia3 and North Carolina

[Note 3: 3 Papers of Virginia, which are in the Papers of the Continental Congress, No. 71, II, p. 491 ff., were entered as footnotes in the Secret Journal, as follows:--
In Council February 28th. 1787.
The Board resumed the consideration of several Letters bearing date the 22nd. day of December 1786 and addressed to the Governor from Danville, by Thomas Marshall and others which said Letters with the enclosures had been laid before them on Saturday last.
The Board lament that those dispatches pregnant as they are with Subjects, deeply interesting to our National Character, and quiet, and intended for the last Assembly, should for the first time, on the fifth day of this Instant have been handed to the Governor in Williamsburg on his late journey to Norfolk on public business.
From the respectability of the names subscribed to those Letters, they confide in the following facts,

The Board therefore adviseAttest.(Signed) A Blair C. C.
No. 2
DanvilleDecemr. 22. 1786.
Sir: Whatever general impropriety there may be in a few private Individuals addressing your Excellency, on subjects of public nature; we cannot resist those impulses of duty and affection which prompt us to lay before the Honble. Board at which you preside, a state of certain unwarrantable transactions, which we are apprehensive, may without the seasonable interposition of the Legislature, deeply affect the dignity, honor and interest of the Commonwealth.
The testimonials which accompany this will give Your Excellency a general idea of the outrage which has been committed at post Saint Vincennes, of the illicit views of Mr. Green, and his Accomplices, and the negotiation, which has taken place, between General Clarke and the Wabash Indians.
We beg leave to add, that we have reason to believe, property has been plundered to a very considerable Amount, and that it has been generally appropriated to private purposes. We are fearful that Green will find no difficulty, in levying auxilliaries in the titular State of Frankland, and the settlements on Cumberland, in the mean time, attempts are daily practised to augment the Banditti at St. Vincennes, by delusive promises of Lands, bounty and Cloathing from the Officers appointed by General Clarke.
We beg leave to suggest to the serious consideration of Your Excellency, the necessity of carrying into effect, the Treaty proposed in April; for we fear, that the Savages when assembled, if they are not amused by a Treaty, or kept in awe by a Military force, at St. Vincennes, will form combinations among themselves, hostile to this Country, and before they disperse, may turn their Arms, against our scattered Settlements, in such force as to overwhelm them. To the superior Wisdom, and the paternal care of the heads of Commonwealth we take the liberty of submitting the matters herein mentioned, in full confidence, that every necessary measure, will be immediately adopted. And have the honor to be with every Sentiment of respect Your
Excellencys Mo. Obt.A Copy
Attest.
(Sign'd)
Sam: Coleman A.C.C.
No. 4.
The Deposition of Daniel Neeves being first sworn on the Holy Evangelists of Almighty God deposeth and saith. That he this Deponent was inlisted by a Capt. Thomas Mason as a Soldier in the Wabash Regiment, that he was summoned as one of a Guard by a Capt. Valentine T. Dalton and was by him marched to a Store; and he the said Dalton by an Interpreter demanded of a Spanish Merchant to admit him the said Dalton into his Cellar. The Spaniard asked what he wanted? the said Dalton answered he was sent by the Commanding Officer to search his Cellar; it being at a late hour in the night the Spaniard lighted a Candle and opened his doors and went and opened his cellar door; the said Dalton with several others entered the Cellar, after some time he came out and placed this Deponent as a Guard over the Cellar, and took the rest of the Guard to another Store; that on the succeeding day the said Dalton came with a number of others and plundered the cellar of a large quantity of peltry, Wine, Taffy, Honey, Sugar, Tea, Coffee, Cordial, french Brandy, and sundry other Articles together with a quantity of dry goods the particular Articles this Deponent doth not at present recollect; that part of the goods was made use of to clothe the Troops, the remainder with the other articles was set up at public Auction and sold; that the sale was conducted by a certain John Rice Jones who, marched in the Militia Commanded by General Clarke as a Commissary General; And further this Deponent saith that he obtained a furlough dated the 24th. day of November 1786 signed Valentine Thos. Dalton Captain Commandant Ouabache Regiment of which the following, is a copy. "Daniel Neeves a Soldier in the 0uabache Regiment has liberty to go on furlough for two months from the date hereof at the expiration he is to return to his duty otherwise looked upon as a Deserter. November 24, 1786. Valentine Thos. Dalton Captain Commandant 0uabache Regiment. To all whom it may concern." And further this Deponent saith not.
Daniell Neeves.
The above Deposition was sworn to before me this 20th. day of December 1786
Christo. Greenup
(Signed)
Samuel Coleman A.C.C.
A copytest
No. 5
A Committee appointed to wait on General Clarke and receive from him such information as he thought proper to make respecting the establishment of the Corps at Post St. Vincennes, of the seizure of Spanish property made at that place, and such other matters as they might think necessary, report
That they find by enquiry from General Clarke and sundry papers by him submitted to their Inspection that a Board of field Officers composed from the Corps employed on the late Wabash Expedition did in Council held at Post St. Vincennes the 8 of October 1786, unanimously agree that a Garrison at that place would be of essential service to the district of Kentucky, and that supplies might be had in the District more than sufficient for their support, by impressment or otherwise, under the direction of a Commissary to be appointed for this purpose, pursuant to the Authority vested in the field Officers of the District by the Executive of Virginia. The same Board appointed Mr. John Craig Junr. a Commissary of Purchases and resolved that one field Officer and two hundred and fifty men, exclusive of the Company of Artillery to be commanded by Captain Valentine Thomas Dalton, be recruited to Garrison Post St. Vincennes. That Colonel John Holder be appointed to command the Troops in this service.
In consequence of these measures it appears to Your Committee that a Body of Men have been inlisted and are now recruiting for one Year; that General Clarke hath taken the Supreme direction of the Corps, but by what Authority doth not appear, and that the Corps hath been further Officered by Appointments made by General Clarke who acknowledges that the seizure of the Spanish property was made by his Order for the sole purpose of Cloathing, and subsisting the Troops, and that the goods seized were appropriated in this way. That John Rico Jones who acts as Commissary to the Garrison had passed receipts for the Articles taken. The General alledges that the Troops were raised for the security of the District, that he considers them subject to the direction of this Committee, who may discharge them if they think proper, but conceives this measure may prevent the proposed Treaty and involve this Country in a bloody War. He denies any intention of depredating on the Spanish possessions or property at the Illinois and declares that he never saw the intercepted Letter from Thomas Green. That he understood Green's Object was to establish a Settlement at or near the Gaso River under the Authority of the State of Georgia, that his view was by encouraging the Settlement to obtain a small grant of Land, and that he had no Idea of molesting the Spaniards or of attending Green in person. He informed the Committee that the Garrison now at post St. Vincennes is about one hundred strong and that the Merchants at the Illinois had determined to support it for which purpose they had sent for the Commissary Jones to receive provisions. That Major Bussaroon was sent to the Illinois to advise the Settlers there of certain Seizures made at Natchez of American property by the Spanish Commandant and to recommend it to them to conciliate the minds of the Indians, and be prepared to retaliate any outrage the Spaniards might commit on their property, but by no means to commence hostilities.
A Copy.A Copy
Thos. Todd. Clk. Com.
TestSaml Coleman A.C.C.
No. 6.
Extracts of General Clarke's Speeches to the different Nations of Indians on the Wabash and their answers in October 1786.
General Clarke, "I send you to day some strings of white inviting you with sincerity to come to a Grand Council which will be held at Clarksville of [on] the 20th. November next to see if we can come to terms and make a treaty of peace and friendship &c."
The Goose and Tusil. "My elder Brother thou oughtest to know the place we have been accustomed to speak at, is at post St. Vincennes there our Chiefs are laid, there our Ancestors Bed is and that of our father the French and not at Clarksville where you required us to meet you, we don't know such a place, but at post Vincennes where we always went when necessary to hold Councils. My elder Brother thou informest me I must meet you at the place I have mentioned, yet thou seest my Brother that the season is far advanced and that I could not have time to invite my allies to come to your Council which we pray to hold at post St. Vincennes &c."
The Loon. "My elder Brother thou invitest us to a grand Council at Clarksville, we don't know that place; It is at post St. Vincennes that our fathers used to go to speak and we hope you will not refuse it to us, that place being the Bed of our Ancestors and of Monsr. de Vincenne. In the Spring of the Year we will repair at your pleasure to post St. Vincennes &c.
General Clarke, "I propose the last of April for the Grand Council to be held at this place (St. Vincennes) where I expect all those who are inclined to open the roads will appear and we can soon discover what the Deity means."
Copied from Genl. Clarke's papers byHarry Innes
A Copy
test
Sam Coleman A C. C.
No. 7.
Louisville, Falls of Ohio
December 23d. 1786
Hond. and Resptd. Sir: Since I had the pleasure of writing my last many circumstances of alarming nature have turned up to view. The Commercial Treaty with Spain is considered to be cruel, oppressive and unjust. The prohibition of the navigation of the Mississippi has astonished the whole Western Country. To sell us and make us vassals to the merciless Spaniards is a grievance not to be borne; should we tamely submit to such manacles we should be unworthy the name of Americans and a scandal to the Annals of its history. It is very surprizing to every rational person that the Legislature of the United States which has been so applauded for their assertion and defence of their rights and privileges should so soon endeavour to subjugate the greatest part of their dominion even to worse Slavery than even Great Britain presumed to subjugate any part of hers. Ireland is a free Country to what this will be when its navigation is entirely shut; We may as well be sold for Bondsmen as to have the Spaniards share all the benefits of our toils. They will receive all the fruits produce of this large, rich and fertile Country at their own prices (which you may be assured will be very low) and therefore will be able to supply their own markets and all the markets of Europe on much lower terms than what the Americans possibly can. What then are the advantages that the Inhabitants of the Atlantic shores are to receive? This is summed up in a very few words, their trade and navigation ruined and their bretheren labouring to enrich a luxurious, merciless and arbitrary Nation. Too much of our property have they already seized condemned and confiscated, testimonies of which I send you accompanying this. Our situation cannot possibly be worse therefore every exertion to retrieve our circumstances must be manly, eligible and just. The minds of the people here are very much exasperated against both the Spaniards and Congress. But they are happy to hear that the State of Georgia have protested against such vile proceedings therefore they have some hopes looking up to that State craving to be protected in our just rights and privileges. Matters here seem to wear a threatening aspect. The Troops stationed at post St. Vincent by orders of General George R. Clarke have seized upon what Spanish property there was at that place also at the Illinois in retaliation for their many Offences.
General Clarke who has fought so gloriously for his Country and whose name strikes all the Western Savages with terror together with many other Gentlemen of merit engages to raise Troops sufficient and go with me to the Natchez to take possession and settle the lands agreeable to the Lines of that State at their own risque and expence, provided you in your infinite goodness will countenance them and give us the Lands to settle it agreeable to the Laws of your State. Hundreds are now waiting to join us with their Families seeking assylum for liberty and religion. Not hearing that the Lines are settled between you and the Spaniards we therefore wish for your directions concerning them and the advice of your superior wisdom. At the same time assuring you that we have contracted for a very large quantity of goods we hope sufficient to supply all the Indians living within the limits of Georgia. Trusting that we shall be able to make them independent of the Spaniards, wean their affections and procure their esteem for us and the United States as we expect to take the Goods down with us. We earnestly pray that you would give us full liberty to trade with all those Tribes and also to give your Agents for Indian Affairs all the necessary instructions for the prosperity of our scheme. The Season for the Indian Trade will be so far advanced that I wait with very great Impatience.
General Clarke together with a number of other Gentlemen will be ready to proceed down the river with me on the shortest notice therefore hope and earnestly pray that you will dispatch the Express back with all possible speed with your answer and all the encouragement due to so great an undertaking. As to the farther particulars I refer you to the Bearer Mr. William Wells a Gentleman of merit who will be able to inform you more minutely than I possibly can of the sentiments of the people of this Western Country.
Sir I have the honor to be your honor's &c.
Thomas Green
P.S.
Honble Sirs: As my Family together with others are now at the Natchez I earnestly pray that if you have given up your Claim of that Country to the Spaniards that you would enable us to withdraw them together with our effects from under that despotic Government.
T.G.
P.S.
Honble Sirs: The amazing bad travelling at this Season of the Year from the streams being high and the roads bad and the danger of the Savages so great that I could not prevail with a trusty person to undertake the Journey under sixty pounds which you will please to pay to the Bearer Mr. Wells, who I have prevailed upon through his zeal for the cause.
Thomas Green
To the the Honble. The Governor, the Council and Legislature of the State of Georgia.
Louisville December 4, 1786.
Jefferson County Ss.
Whereas Wm. Wells is now employed by Colonel Thomas Green and others to go to Augusta in the State of Georgia on public Business and it being uncertain whether he will be paid for his journey out of the public Treasury should he not be on his return, We the Subscribers do jointly and severally for value received promise to pay him on demand the several sums that are affixed to our names as witness our hands.Danville December 22nd. 1786
We do certify the foregoing papers to be true copies of the papers shewn to us by Wm. Wells the person referred to by Thos. Green in the said Letter.
Harry Innes
J. Brown
Chrisr. Greenup
A Copy
Test
(Sign'd)Saml. Coleman A.C.C.
No. 8.
Washington February 16th. 1787.
Sir: A paper was handed to me a few days ago, by a Gentleman who had lately been in the Country below us called Frankland. From what I learned from him, great pains was taking to circulate Copies; giving them an Air of Seeresy.
The Object seemed to be aimed at, and the consequences that may ensue, direct me to judge it to be my duty to forward to Your Excellency the inclosed Copy.
I have the honor to be, &c.
Arthur Campbell.
His Excellency Edmund Randolph
Governor of Virginia.
A Copy
Test
Sam Coleman A.C.C
A Copy of a Letter from a Gentleman at the falls of Ohio, to his friend in New England, dated December 4th. 1786.
Dear Sir: Politicks which a few months ago were scarcely thought of are now sounded aloud in this part of the world, and discussed by almost every person. The late Commercial Treaty with Spain, in shutting up, as it is said, the navigation of the Mississippi, for the term of twenty five years, has given this Western Country an universal shock; and struck its Inhabitants with an amazement. Our foundation is affected; it is therefore necessary, that every individual, exert himself to apply a remedy. To sell us and make us Vassals to the merciless Spaniards, is a grievance not to be borne. The parliamentary Acts, which occasioned our revolt from Great Britain, were not so barefaced and intolerable. To give us the liberty of transporting our effects, down the river to New Orleans, and then be subject to the Spanish Laws, and impositions, is an insult upon our understanding. We know by woeful experience, that it in their power, when once there, to take our produce at any price they please. Large quantities of Flour, Tobacco, Meal &c. have been taken there the last Summer, and mostly confiscated. Those who had permits from their Governor, were obliged to sell at a price he was pleased to state or subject themselves to lose the whole. Men of large property are already ruined by their policy. What benefit can you on the Atlantic shores receive from this Act? The Spaniards from the amazing resources of this river, can supply all their own markets, at a much lower price, than you possibly can. Though this Country has been settling but about six years, and that in the midst of an inveterate Enemy, and most of the first adventurers fallen a prey to the Savages, and although the emigration to this Country is so very rapid, that the internal Market is very great, yet the quantities of produce they now have on hand are immense. Flour and Pork are now selling here at twelve shillings the hundred, Beef in proportion, any quantities of Indian Corn can be had at nine pence per Bushel. Three times the quantity of Tobacco and Corn can be raised on an Acre here, that can be within the settlement on the east side of the mountains, and with less cultivation. It is therefore rational to suppose that in a very few years, the vast bodies of Waters in those Rivers, will labour under immense weight of the produce of this rich and fertile Country, and the Spanish Ships be unable to convey it to market.
Do you think to prevent the emigration from a barren Country loaded with Taxes and impoverished with debts to the most luxurious and fertile Soil in the world? Vain is the thought and presumptions the supposition! you may as well endeavour to prevent the fishes from gathering on a Bank in the Sea which affords them plenty of nourishment. Shall the best and largest part of the United States lie uncultivated, a nest for Savages and beasts of prey? Certainly not: Providence has designed it for some nobler purposes. This is convincing to every one, who beholds the many advantages and pleasing prospects of this Country. Here is a Soil, richer to appearance than can possibly be made by Art. Large plains and meadows without the labour of hands sufficient to support millions of Cattle summer and winter; cane which is also a fine nourishment for them without bounds. The Spontaneous production of this Country surpasses your imagination. Consequently I see nothing to prevent our Herds, being as numerous here in time, as they are in the Kingdom of Mexico. Our Lands to the northward of the Ohio for the produce of Wheat &c. will I think vie with the Island of Sicily. Shall all this Country now be cultivated entirely for the use of the Spaniards? Shall we be their Bondmen as the Children of Israel were the Egyptians? Shall one part of the United States be Slaves while the other is free? Human nature shudders at the thought, and freeman will despise those who could be so mean as to even contemplate on so vile a Subject.
Our Situation is as bad as it possibly can be, therefore every exertion to retrieve our Circumstances must be manly, eligible and just.
We can raise twenty thousand troops this side the Aleghany and Apalachian Mountains and the annual increase of them by emigration, from other parts, is from two to four thousand.
We have taken all the Goods belonging to the Spanish Merchants at post Vincennes and the Illinois, and are determined they shall not trade up the river provided they will not let us trade down it. Preparations are now making here (if necessary) to drive the Spaniards from their settlements, at the mouth of the Mississippi. In case we are not countenanced and succoured by the United States (if we need it) our allegience will be thrown off, and some other power applied to. Great Britain stands ready with open arms to receive and support us. They have already offered to open their resources for our supplies. When once reunited to them "farewell, a long farewell to all your boasted greatness." The province of Canada and the Inhabitants of these waters, of themselves, in time, will be able to conquer you. You are as ignorant of this Country as Great Britain was of America. These hints if rightly improved, may be of some service, if not blame yourselves for the neglect.
A Copy
Test
Sam Coleman A.C.C.]

Reports

That he presumes the Design of Congress in referring these papers to him was, that he should report only on such matters stated in them, as respect foreign Affairs.

It appears from the Act of the Council of Virginia of 28 February last, "that General Clarke hath made a seizure of Spanish property without any Authority for

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such an Act," and that the Executive of that Commonwealth hath with great propriety, directed such steps to be taken "as may subject to punishment all persons guilty in the Premises." They also ordered a copy of the Act to be sent to their Delegates, that they might if it should seem expedient, acquaint the Minister of his

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Catholic Majesty with the Sentiments of the Executive expressed in it.

From the Temper visible in some of the Papers sent from the Western Country, as well as from the Intelligence they convey, your Secretary apprehends that the period is not distant when the United States must

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decide either to wage War with Spain, or settle all differences with her by Treaty, on the best Terms in their power. But as his Sentiments on this head have already been candidly and explicitly submitted to Congress, a repetition of them would be improper, because unnecessary.

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He thinks that on the present occasion the following Resolutions would be adviseable, vizt.

Resolved That the United States in Congress Assembled learn with Concern and displeasure, that certain Citizens of the Commonwealth of Virginia, have in violation of the LaWs of Nations, and of the peace and

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dignity of that State, and of the United States, violently seized the property of certain Subjects of his Catholic Majesty at Fort St. Vincennes.

Resolved That Congress approve of the Act of the Executive of Virginia, directing proper measures to be immediately taken for punishing the Offenders, and

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further that the Secretary at War be and he is hereby directed, to order the Commanding Officers of detachments in the Western Country, to afford the Government of Virginia such Aid as the Governor may from time to time require and specify, for keeping the peace, and duly executing the Laws of that Commonwealth throughout its Western Jurisdiction, and further that

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they be careful, on due proof, to apprehend and deliver to the Government of Virginia, all such of the said Offenders as may be in the Dominions of the United States, without the proper limits of either of the States.

Resolved That although no Representations on this Subject have as yet been made to Congress, by, or on

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the part of his Catholic Majesty, yet as their ready attention to whatever may affect the Friendship happily subsisting between him and them, will manifest the sincerity of their desire to maintain it, the Secretary for foreign Affairs be and he hereby is directed, to transmit Copies of this and the aforegoing Resolutions

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to the Encargado de Negocios of his Catholic Majesty now here, and also to the Chargé des Affaires of the United States at Madrid.

It appears to your Secretary to be most consistent with the principles of the Confederation, and with the dignity of Congress, that individual States forbear to make formal Representations or Communications to foreign Ministers or powers, but through and by means of the foederal Sovereign.

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The papers1 communicated to Congress by the Honorable ye Delegates of North Carolina, shew

[Note 1: 1 Papers of North Carolina, which are in the Papers of the Continental Congress, no. 72, pp. 269 if., were entered as footnotes in the Secret Journal, as follows:--
The Undersigned Delegates in Obedience to the Commands of the State of North Carolina have the honor to lay before Congress, the papers hereinafter mentioned; to the end that the United States in Congress Assembled, may take such Order thereon as the information may justify.

To this information the Delegates have thought proper to subjoin the Extract of a Letter No. 5 from a Representative of Davidson County in the General Assembly of North Carolina, directed to the honorable William Blount and Benjamin Hawkins.
(Sign'd) Wm. Blount
Benjamin Hawkins
John B. Ashe
Congress Chamber the 29 March 1787.
No. 1.November 15, 1786.Powels Valley
Dear And Worthy Sir: I am on my way home from Mississippi, which I have found a very tedious and precarious journey by Land, contrary to my Inclination and Interest, as you will find by the enclosed deposition, as to particulars I refer you to my friend Coil. Bledsoe with whom I have travelled from Kentucky. I send the enclosed in order that Your Excellency should communicate the same to Congress or take such other necessary steps as you in your wisdom think meet for public good as I never expect to be benefited any thing by that small venture, nor any other trade down the Mississippi under the present Government there. I hope you'l excuse my short and incorrect writing, as Col. Bledsoe is much hurried to the Assembly and will not be prevailed on to call on me to stay one hour
I am with sincere regard,
Your most Obet &c.
(Sign'd) Thos. Amis.
His Excellency
Richrd. Caswell Esq.
No. 2. This day, Thomas Amis personally appeared before me a Justice of the Peace for Davidson County, and made Oath on the Holy Evangelists of Almighty God. That on the sixth day of June last past he arrived at Fort Natchez on the Mississippi with sundry Articles of Merchandize as per Receipt from the Spanish Commissary hereto annexed. Which Goods the said Deponent saith he proposed to the Spanish Commandant to carry out of the mouth of the River, but was refused the benefit of the navigation of Mississippi, and the said Goods were seized and confiscated for the use of the Crown of Spain. And this Deponent farther saith that he received no Satisfaction for said Goods.
Thos. Amis.
Sworn to before me this 15 November 1786, before me
Danl Smith.
No. 3. Account of Castings deposited in public Store at NatchezNo. 4Translation.
Don Carlos de Grandpré Lieut. Colonel of His Majesty's Armies Captain of the first Company of Granadiers, of the Louisian Regiment of Infantry, Commandant Civil and Military of Fort Natchez and its District &c.
Permit Mr. Thomas Amis, his Son John Amis and two Negroes belonging to them, and the named William Fletcher, to pass into North Carolina to their Families, I desire and charge they may be permitted to pass unmolested as the said Mr. Amis, has while his stay here behaved hemself as a Gentleman and man of strictest honor. Given under my hand this 29th. of August 1786.
(Sign'd) Charles de Grand Pré
Translated by Stephen Minor
No.5Fayetteville the 29th. of December 1786.
An Extract
You told us and particularly Col. Hawkins while he was negociating with the Southern Indians that every thing would go well within the present year, as the Spanish Minister was now with Congress to settle any differences that might Subsist between us. Our people relying on your predictions and advice are still patient. But how long they may continue so you will probably be able to judge when you shall have received some propositions which will be made to you. Mr Amis whom you know has been on a losing voyage down the Mississippi; the Governor has his papers and will lay them before you and Congress. When he returned from the Natches and told his misfortunes to the people of Davidson, they at first determined to retaliate be the consequence ever so hazardous. But the wise ones persuaded them not to imitate their friends of Kentucky, and to wait patiently until some advice could be received from Congress, or until we could see or hear from you. The Legislature will rise within ten days, and we will write more fully to you then. Col. Robertson, Coll. Polk and myself will return immediately to Nashville. Robertson will write to Col. Blount respecting his Lands, and we count on seeing him at Nashville in the Summer. I was requested and have sent an Extract of the Letter to Col. Hawkins, to the Printers at Richmond if it should appear in print you can Account for it. Pray write to us by every opportunity by the way of Fortpitt and the falls to the care of Genl. Wilkinson. With a sincere desire for your welfare and happiness, I have the honor to be in behalf of all Representatives,
Gentlemen Your most Obedient
P.S.
We have received Col. H's Letter of the 27th. from Warren his opinion on the report respecting the giving the navigation of the Mississsippi to Spain is very pleasing to us and will be so to our Constituents, you may depend on our exertions to keep all things quiet, and we agree entirely with you, that if our people are once let loose there will be no stopping them, and that Acts of retaliation poison the mind, and give a licentiousness to manners, that can with great difficulty be restrained.]

That on the 6th. June 1786 Thomas Amis of that State arrived at the Natches on the Mississippi, with Sundry

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Articles of Merchandize which he purposed to carry down, and out of the River. And that he was stopped, and his Merchandize taken from him by the Spanish Officer Commanding there.

It is well known that Spain will not permit our people to navigate that part of the River which runs through their Countries, and such of them as make the experiment must expect consequences similar to those which Mr Amis experienced.

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Your Secretary is convinced that the United States have good right to navigate the River from its source to, and through its Mouth; and unless an Accommodation should take place, that the dignity of the United States and their duty to assert and maintain their rights, will render it proper for them to present a Memorial and Remonstrance to his Catholic Majesty, insisting on their right, complaining of its being violated, and demanding in a temperate, inoffensive but at the same time in a firm and decided manner, that his Majesty do

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cease in future to hinder their Citizens from freely navigating that River, through the part of its Course in question. Your Secretary is further of opinion, that in case of refusal, it will be proper for the United States then to declare War against Spain.

There being no reputable middle way between peace and War, it will be expedient to prepare without delay for the one or the other; for Circumstances which call for decision seem daily to accumulate.

If Congress conceive that a Treaty with Spain on the Terms proposed is eligible, the sooner such sentiments are communicated to your Secretary the better. If an Idea of obtaining better Terms should be entertained, the sooner that question can be decided the better, and for that purpose Your Secretary thinks it would be well, either to place some other Negotiator in his Stead, or to associate one or more persons with him in the Business, any manner of conducting it most advantageous and most satisfactory to his Country, will always be the manner most pleasing and agreeable to him.

With respect to prescribing a Line of conduct to our Citizens on the Banks of the River your Secretary is embarassed. If War is in expectation, then their Ardor should not be discouraged, nor their Indignation diminished. But if a Treaty is wished and contemplated, then those people should be so advised and so restrained as that their Sentiments and conduct may as much as possible be made to quadrate with the Terms and Articles of it. Your Secretary cannot forbear to express his Solicitude that this very important and consequential Business may not be left in its present situation, the Objects involved in it are of great magnitude, and effects must and will result from it, by which

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the prosperity of America will be either greatly advanced, or greatly retarded. He also takes the liberty of observing, that a Treaty disagreeable to one half of the Nation had better not be made, for it would be violated, and that a War disliked by the other half, would promise but little success, especially under a Government so greatly influenced and affected by popular Opinion.

The foregoing reports being read

A motion was made by Mr [James] Madison seconded by Mr. [Benjamin] Hawkins, that the same be referred to a Committee.

And on the Question for committment the yeas and nays1 being required by Mr [Rufus] King,

[Note 1: 1 A memorandum of the vote, in the writing of Roger Alden, is in Papers of the Continental Congress, No. 36, IV. p. 11]

{table}

So the Question was lost.

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