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

Journals of the Continental Congress --THURSDAY, JULY 18, 1776

Journals of the Continental Congress, 1774-1789
THURSDAY, JULY 18, 1776

The Delegates from Maryland laid before Congress the credentials of a new appointment made by their convention, which were read as follows:

"In Convention, Annapolis,July 4, 1776.

"Resolved, That the honorable Matthew Tilghman, Esqr. and Thomas Johnson, Jun. William Paca, Samuel Chase, Thomas Stone, Charles Carroll, (of Carrollton,) and Robert Alexander, Esqrs. or a Majority of them, or of any three or more of them, be Deputies to represent this Colony in Congress, in as full and ample Manner as the Deputies of this Colony might have done under any appointment heretofore made, untill the next Convention shall make farther order therein. Extract from the Minutes:

G.Duvall,Clerk."²

[Note 2: 2 The original is in thePapers of the Continental Congress, Maryland,Credentials of Delegates.]

A letter from General Washington, of the 15th, was laid before Congress, and read; and also, sundry intercepted letters from Lord Howe to Governors Franklin, Penn, Eden, Dunmore, Martin and Wright, together with sundry letters to several private persons:³

[Note 3: 3 Washington's letter is in thePapers of the Continental Congress, No. 152, II, folio 225. It is printed inWritings of Washington (Ford), IV, 258.]

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The several letters being opened by order of Congress,

Resolved, That the letters from Lord Howe, with the proclamations enclosed, be referred to a committee of three;

The members chosen, Mr. [Thomas] Jefferson, Mr. [Robert Treat] Paine and Mr. [Charles] Carroll.

Resolved, That a committee of three be appointed to examine the private letters, and deliver to the persons to whom directed, such of said letters as contain nothing but private matters.¹

[Note 1: 1 The manuscript Journals do not indicate the members of this committee; but the printed Journals show that they were the same as were just named for the committee on Howe's letters.]

A letter of the 17th from General Washington, together with sundry despatches from General Schuyler;

Also, a letter from Brigadier General Mercer, of the 16, were received and read:²

[Note 2: 2 The letter of Washington is in thePapers of the Continental Congress, No. 152, II, folio 233. It is printed inWritings of Washington (Ford), IV, 260. That of Mercer is in No. 159, folio 143.]

Resolved, That the said letters be referred to the Board of War.

A letter of the 14 July, from the committee of inspection for the county of Cumberland, was read; Whereupon,

Resolved, That an order for two thousand six hundred dollars be sent to the committee of inspection and observation for the county of Cumberland, for the use of the troops raising in that county for the flying camp; the said committee to be accountable.

Resolved, That a member be added to the Board of War:

The ballots being taken, Mr. Charles Carroll of Carrollton was elected.

The committee appointed to prepare a plan of treaties to be entered into with foreign states or kingdoms, brought in a report, which was read:

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PLAN OF TREATIES.¹

[Note 1: 1 The original draft of this report, with the forms and certificates appended, all in the writing of John Adams, is in thePapers of the Continental Congress, No. 47, folios 129--149. The report was sent to the printer and two copies of the printed form are in the same volume, folios 151 and 161. One was used during the discussion for noting the action taken, and the other contains manuscript notes by James Wilson. Wilson probably used his copy in preparing the Instructions, printed under September 24. The printed report was substantially the document prepared by Adams, save that the King or the United States are never mentioned by name. Thus the first article reads in print: "There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between A. and B. and the subjects of A. and of B. and between the countries, islands, cities and towns situate under the jurisdiction of A. and of B. and the people and inhabitants thereof of every degree, without exception of persons or places; and the Terms herein after mentioned shall be perpetual between A. and B." The first of the printed reports is designated as No. 1. in these notes and what is taken from the second will be noted as "James Wilson." No. 1. carries an endorsement: "Plan of treaties, gone through in comee of the whole Aug. 27, 1776, and recommitted, that instructions may be drawn conformable thereto. August 29, 1776. The Comee farther empowered to prepare such instructions as to them shall seem proper and to make report thereof to Congress. The final form of the Plan is printed under September 17,post.]

There² shall be a firm, inviolable, and universal Peace, and a true and sincere Friendship between the most serene and mighty Prince, Lewis the Sixteenth, the most Christian King, his Heirs and Successors, and the united States of America; and the Subjects of the most Christian King, and of the said States; and between the Countries, Islands, Cities, and Towns situate under the Jurisdiction of the most Christian King and of the said united States,and every of them, and the People and Inhabitants thereof of every degree; with out Exception of Persons or Places; and the Terms herein after mentioned shall be perpetual between the most Christian King, his Heirs and Successors, and the said united States.

[Note 2: 2 In the margin is written: "Coll. of State Tracts, 109. Coll. of Sea Laws, 541."]

• Art. 1. The Subjects of the most Christian King shall pay no other Duties or Imposts in the Ports, Havens, Roads, Countries, Islands, Cities, or Towns of the said united States, or any ofAgreed them, than the Natives thereof, or any Commercial Companies established by them or any of them, shall pay, but shall enjoy all other the Rights, Liberties, Priviledges, Immunities, and Exemptions in Trade, Navigation and Commerce in passing from one Part thereof to another, and in going to and from

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  the same, from and to any Part of the World, which the said Natives, or Companies enjoy.¹

  [Note 1: 1 "The 22d Article comes in here."James Wilson.]

• Art. 2d. The Subjects, People and Inhabitants of the said united States and every of them shall pay no other Duties, or Imposts in thePass'd²

  [Note 2: 2 "The additional Resolution to follow this Article" is on margin of No. 1 of the printed reports.]

  Ports, Havens, Roads, Countries, Islands, Cities or Towns of the most Christian King, than the Natives of such Countries, Islands, Cities, or Towns of France, or any commercial Companies established by the most Christian King shall pay, but shall enjoy all other the Rights, Liberties, Priviledges, Immunities and Exemptions in Trade, Navigation and Commerce, in passing from one Part thereof to another, and in going to and from the same, from and to any Part of the World, which the said Natives, or Companies enjoy.³

  [Note 3: 3 In the margin is written: "Q. Should there not be an exception of Asia, and perhaps of Africa."]

• Art. 3. The most Christian King shall endeavour, by all the Means in his Power to protect and defend all Vessells, and the Effects belonging to the Subjects, People or Inhabitants of the saidPass'd⁴

  [Note 4: 4 "A Resolution to be subjoined to this Article," is on margin of No. 1.]

  united States, or any of them, being in his Ports, Havens, or Roads, or on the Seas, near to his Countries, Islands, Cities, or Towns, and to recover and restore, to the right owners, their Agents or Attornies, all such Vessells, and Effects, which shall be taken, within his Jurisdiction; and his Ships of War, or any Convoys sailing under his Authority, shall upon all occasions, take under their Protection all Vessells belonging to the Subjects, People or Inhabitants of the said united States, or any of them, and holding the same Course, or going the same Way, and shall defend such Vessells as long as they hold the same Course, or go the same Way against all Attacks, Force, and Violence, in the same manner, as they ought to protect and defend Vessells belonging to the Subjects of the most Christian King.
• Art. 4. In like manner the said united States, and their Ships of War and Convoys sailing under their Authority shall protect and defend all Vessells and Effects belonging to the SubjectsPass'd of the most Christian King, and endeavour to recover and restore them, if taken within the Jurisdiction of the said united States, or any of them.

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• Art. 5. The most Christian King and the said united States shall not receive, nor suffer to be received into any of their Ports, Havens, Roads, Countries, Islands, Cities or Towns, any Pirates,Pass'd or Sea Robbers, or afford, or suffer any Entertainment, Assistance, or Provision to be afforded to them, but shall endeavour by all Means, that all Pyrates, and Sea Robbers, and their Partners, Sharers, and Abettors be found out, apprehended, and suffer condign Punishment; and all the Vessells and Effects piratically taken, and brought into the Ports or Havens of the most Christian King, or the said united States, which can be found, altho they be Sold, shall be restored, or Satisfaction given therefor to the right owners, their Agents or Attornies demanding the same, and making the right of Property to appear by due Proof.¹

  [Note 1: 1 In the margin is written: "See all the Articles in Sea Laws from pa. 544 to 549. Art. 19, and 24 in pa. 542. Art. 10, in pa. 520. Art. 5, in p. 519, if proper."]

• Art. 6. The most Christian King shall protect, defend and secure, as far as in his Power, the Subjects, People and Inhabitants of the said united States and every of them, and their VessellsPass'd²

  [Note 2: 2 "With additional R" is on margin of No. 1.]

  and Effects of every Kind, against all Attacks, Assaults, Violences, Injuries, Depredations or Plunderings by or from the King or Emperor of Morocco, or Fez, and the States of Algiers, Tunis and Tripoli, and any of them, and every other Prince, State and Power, on the Coast of Barbary in Africa and the Subjects of the said Kings, Emperors,³

  [Note 3: 3 The printed report ends with this word of the text, adding "&c. in as full a manner, &c."]

  or States, and Powers, and of every of them, in the same manner, and as effectually and fully, and as much to the Benefit Advantage Ease and Safety of the said united States and every of them, and of the Subjects, People, and Inhabitants thereof, to all Intents and Purposes, as the King and Kingdom of Great Britain, before the Commencement of the present War, protected, defended, and secured the People and Inhabitants of the said united States, then called the British Colonies, in North America, their Vessells and Effects, against all such Attacks, Assaults, Violences, Injuries, Depredations and Plunderings.⁴

  [Note 4: 4 "If France should undertake an Expedition to recover what she lost in the West Indies during the last War with G. Britain, we will in that Expedition supply France with Provisions and refuse to supply any to G. Britain.
  "Qu. Whether it would not be proper if it should be insisted upon, to accede to an exclusive Contract during a Term of--for Masts and naval Stores, as far as we can spare them?
  "Qu. Whether it will not be proper to engage that the United States will not stipulate in Favour of G. Britain upon a Peace with her, Terms of Commerce more advantageous than they will stipulate in Favour of France."James Wilson.]

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• Art. 7.If the most Christian King shall in Consequence of this Treaty, engage in a War with the King of Great Britain, the said united States, shall not assist the latter.
• Art. 7. If, in Consequence of this Treaty, the King of Great Britain, should declare War, against the most Christian King, the said united States shall not assist Great Britain, in suchP. P.¹

  [Note 1: 1 Postponed "for consideration" on margin of No. 1, and the last sentence of the article has been enclosed in ink lines.]

  War, with Men, Money, Ships, or any of the Articles in this treaty denominated Contraband Goodsor in any other Way. And if France to favour the said united States shall join with them in their present War against Great Britain, they shall not make a seperate Peace.²

  [Note 2: 2 Although this sentence is stricken out in the Adams manuscript, it appears in the printed report.]

• Art. 8. In Case of any War between the most Christian King and the King of Great Britain, the most Christian King, shall never invade, nor under any pretence³

  [Note 3: 3 These three words were inserted by Charles Thomson. They are noted in the margin of No. 1 in his writing.]

  attemptto invade or get Possession for, to possess himself of Labradore, New Britain, Nova Scotia, Accadia, Canada, Florida, nor any of the Countries, Cities, or Towns, on the Continent of North America, nor of the Islands of Newfoundland, Cape Breton, St. John's, Anticosti⁴

  [Note 4: 4 Wilson adds: "Bermudas nor Bahama Islands."]

  , nor of any other Island lying near to the said Continent, in the Seas, or in any Gulph, Bay, or River, it being the true Intent and meaning of this Treaty, that the said united States, shall have the sole, exclusive, undivided and perpetual Possession of all the Countries, Cities, and Towns, on the said Continent, and of all Islands near to it, which now are, or lately were under the Jurisdiction of or Subject to the King or Crown of Great Britain, whenever thesame can be invaded, and conquered by the said united States, or shall in any manner submit to or be shall be united or confederated with the said united States.⁵

  [Note 5: 5 In No. 1 is inserted at this point, in the writing of Charles Thomson, the paragraph on fisheries that appears as Art. III in the final form, but it reads: "That A. be permitted to retain &c."]

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• Art. 9. Nor shall the most Christian King, at any Time, make any Claim, or Demand's to the said Countries, Islands, Cities, and Towns mentioned in the next preceding Article, or any of them, or to any Part thereof, for, or on Account of any Assistance afforded to the said united States, in attacking or conquering the same, or in obtaining such a Submission, or Confederation as has been mentioned in the said Preceding Articles, nor on any other Account whatever.¹

  [Note 1: 1 Against this paragraph is written "rejected." It appears in the printed form, but is stricken out with the pen in both No. 1 and the Wilson copy.]

• Art. 10. If in any War, the most Christian King, shall conquer, or get Possession of the Islands in the West Indies, now under the Jurisdiction of the King or Crown of Great Britain, or anyAgreed of them, or any Dominions of the said King or Crown inEurope, any other Parts of the World, the Subjects, People and Inhabitants of the said united States, and every of them shall enjoy the same Rights, Liberties, Priviledges, Immunities and Exemptions in Trade, Commerce and Navigation to and from the said Islands, and Dominions, that are mentioned in the Second Article of this Treaty.
• Art. 11. It is the true Intent and Meaning of this Treaty, that no higher or other Duties shall be imposed on the Exportation of any Thing of the Growth, Production, or Manufacture ofAgreed the Islands in the West Indies now belonging or which may hereafter belong to the most Christian King, to the said united States, or any of them, than the lowest that arc or shall be imposed on the Exportation thereof to France or to any other Part of the World.²

  [Note 2: 2 "Not to be insisted on if it will imperil the Treaty."James Wilson.]

• Art. 12. It is agreed, by and between the said Parties that no Duties whatevermore than ... per Gallon shall ever hereAgreed after be imposed on the Exportation of Mollasses, from any of the Islands and Dominions of the most Christian King in the West Indies to any of these united States.
• Art. 13. The Subjects, People, and Inhabitants of the said united States, or any of them, being Merchants and residingAgreed in France, and their Property, and Effects of every Kind, shall be exempt from the DreAr de Aubeine.³

  [Note 3: 3 As illustrating the caution used in the printed report this paragraph is printed as follows: "The subjects or people of B. being merchants and residing in ... and their property and effects shall be exempt from ... ."
  "Press this hard; but destroy not the Treaty for it."James Wilson.]

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• Art. 14. The Merchant Ship of either of the Parties, which shall be making into a Port belonging to the Enemy of the other Ally, and concerning whose Voyage, and the Species of Goods onAgreed board her, there shall be just Grounds of Suspicion, shall be obliged to exhibit, as well upon the high Seas as in the Ports and Havens, not only her Passports, but like wise Certificates, expressly shewing that her Goods are not of the Number of those which have been prohibited, as Contraband.¹

  [Note 1: 1 "Ships carry'd into Port in Consequence of this Article on supposed [just] Grounds of Suspicion but proving innocent, shall be entitled to Satisfaction for the Expences and Damages by Delay, &c."James Wilson.]

• Art. 15.That if by the exhibiting of the abovesaid Certificates, the other Party discover there are any of those Sorts of Goods, which are prohibited and declared Contraband, and consigned forAgreed a Port under the obedience of his Enemies, it shall not be lawful to break up the Hatches of such Ship, or to open any Chest, Coffers, Packs, Casks, or any other Vessells found therein or to remove the smallest Parcells of her Goods, whether such Ship belong to the Subjects of France, or the Inhabitants of the said united States, unless the lading be brought on Shore in the Presence of the officers of the Court of Admiralty, and an Inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, untill after that due and lawfull Process shall have been had against such prohibited Goods, and the Court of Admiralty shall, by a Sentence pronounced, have confiscated the same, saving always as well the Ship itself, as any other Goods found therein, which by this Treaty, are to be esteemed free; neither may they be detained on Pretence of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawfull Prize: But if not the whole Cargo, but only Part thereof shall consist of prohibited or contraband Goods, and the Commander of the Ship shall be ready and willing to deliver them to the Captor who had discovered them, in such Case the Captor having received those Goods, shall forthwith discharge the Ship, and not hinder her by any Means freely to prosecute the Voyage on which she was bound.²

  [Note 2: 2 "Enemies Goods on Board the Ships of either party liable to Capture."James Wilson.]

• Art. 16. On the Contrary, it is agreed, that whatever shall be found to be laden³

  [Note 3: 3 This word was printed "taken" in No. 1.]

  by the Subjects and Inhabitants of either Party, on any

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  Ship belonging to the Enemy of the other, or to his Subjects, the whole, although it be not of the Sort of prohibited Goods, may be confiscated in the same Manner as if it belonged toAgreed the Enemy himself, except such Goods and Merchandises as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done without Knowledge of such Declaration. So that the Goods of the Subjects and People of either Party, whether they be of the Nature of such as are prohibited, or otherwise which, as, is aforesaid, were put on board any Ship belonging to an Enemy before the War, or after the Declaration of the Same,within the Time and without Knowledge of it, shall noways be liable to Confiscation, but shall well and truly be restored without delay to the Proprietors demanding the same--but so as that if the said Merchandises be contraband, it shall not be any Ways lawfull to carry them after wards to any Ports belonging to the Enemy.

• Art. 17. And that more effectual Care may be taken, for the Security of the Subjects, and Inhabitants of both Parties, that they suffer no Injury by the Men of War or PrivateersAgreed of the other Party, all the Commanders of the Ships of the most Christian King, and of the said united States and all their Subjects and Inhabitants, shall be forbid, doing any Injury, or Damage to the other Side; and if they act to the contrary, they shall be punished, and shall more over be bound to make Satisfaction for all matter of Damage, and the Interest thereof, by Reparation, under the Pain and Obligation of their Person and Goods.
• Art. 18. All Ships, and Merchandises, of what Nature so ever, which shall be rescued out of the Hands of any Pirates, or Robbers on the high Seas, shall be brought into some Port of eitherAgreed State, and shall be delivered to the Custody of the officers of that Port, in order to be restored entire to the true Proprietor, as soon, as due and sufficient Proof shall be made, concerning the Property, thereof.
• Art. 19. It shall be lawfull for the Ships of War of either Party and Privateers, freely to carry whither so ever they please, the Ships and Goods, taken from their Enemies, without beingAgreed obliged to pay any Duty to the Officers of the Admiralty or any other Judges; nor shall such Prizes be arrested, or seized, when they come to, and enter the Ports of either Party; nor shall the Searchers, or other Officers of those Places search

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  the same, or make Examination concerning the Lawfullness of such Prizes, but they may hoist Sail, at any Time and depart and carry their Prizes to the Place expressed in their Commissions, which the Commanders of such Ships of War shall be obliged to shew: on the Contrary, no Shelter, or Refuge shall be given in their Ports to such as shall have made Prize of the Subjects, People, or Property, of either of the Parties; but if such should come in, being forced by Stress of Weather, or the Danger of the Sea, all proper Means shall be vigorously used, that they go out, and retire from thence as soon as possible.

• Art. 20. If any Ships belonging to either of the Parties, their People, or Subjects shall, within the Coasts or Dominions of the other, stick upon the sands or be wrecked, or suffer any otherAgreed Damage, all friendly assistance and Relief shall be given to the Persons Ship wrecked, or such as shall be in danger thereof; and Letters of Safe Conduct shall likewise be given to them for their free and quiet Passage from thence, and the Return of every one to his own Country.
• Art. 21. That in Case the Subjects and Inhabitants of Either Party, with their Shipping, whether public, and of War, or private and of Merchants be forced through Stress of Weather, PurAgreed suit of Pirates or Enemies or any other urgent Necessity, for Seeking of Shelter and Harbour to retreat, and enter into any of the Rivers, Creeks, Bays, Havens, Roads, Ports, or Shores, belonging to the other Party; they shall be received and treated with all Humanity, and Kindness, and enjoy all friendly Protection and Help; and they shall be permitted to refresh and provide themselves, at reasonable Rates, with Victuals and all Things needfull for the Sustenance of their Persons, or Reparation of their Ships, and Conveniency of their Voyage; and they shall no Ways be detained or hindered from returning out of the said Ports or Roads, but may remove and depart when and whither they please, without any Lett or Hindrance;
• Art. 22. The Subjects, Inhabitants, Merchants, Commanders of Ships, Masters and Mariners of the States, Provinces, and Dominions of each Party respectively, shall abstain and forbear toAgreed¹

  [Note 1: 1 In margin of No. 1 is written, in the writing of Charles Thomson: "to be transposed and placed so as immediately to follow the 8th."]

  trade and fish in all Places possessed, or which shall be possessed by the other Party The most Christian

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  Kings Subjects shall not fish in the Havens, Bays, Creeks, Roads, Coasts, or Places, which, the said united States hold or shall hereafter hold: and in like manner, the Subjects, People, and Inhabitants of the said united States, shall not fish in the Havens, Bays, Creeks, Roads, Coasts, or Places, which the most Christian King possesses, or shall hereafter possess; and if any Ship or Vessell shall be found trading fishing, contrary to the Tenor of this Treaty, the said Ship or Vessell, with its Lading, Proof being made thereof, shall be confiscated;--

• Art. 23. For the better promoting of Commerce on both Sides, it is agreed, that if a War should break out between the Said two Nations, Six Months, after the Proclamation of War, shall beAgreed allowed to the Merchants, in the Cities and Towns where they live, for selling and transporting their Goods and Merchandizes; and if any Thing be taken from them, or any Injury be done them within that Term by either Party, or the People or Subjects of either, full Satisfaction shall be made for the Same.
• Art. 24. No Subjects of the most Christian King, shall apply for, or take any Commission or Letters of Marque for arming any Ship or Ships to act as Privateers, against the said united StatesAgreed or any of them, or against the Subjects, People, or Inhabitants of the said united States or any of them, or against the Property of any of the Inhabitants of any of them, from any Prince, or State with which the said united States shall be at War:¹

  [Note 1: 1 In the margin is written: "comp. Coll. Treaties pa. 20."]

  Nor shall any Citizen, Subject, or Inhabitant, of the said united States or any of them, apply for, or take any Commission or Letters of Marque for arming any Ship or Ships to act as Privateers, against the Subjects of the most Christian King or any of them, or the Property of any of them, from any Prince or State, with which the said King shall be at War: And if any Person of either Nation shall take such Commissions or Letters of Marque, he shall be punished as a Pirate.

• Art. 25. It shall not be lawfull for any foreign Privateers not belonging [to] Subjects of thesaid most Christian King, nor Citizens of the said united States, who have Commissions fromAgreed any other Prince or State, in Enmity with either Nation, to fit their Ships in the Ports of either the one or the other of the aforesaid Parties, to Sell what they have taken, or in any other manner whatsoever to exchange either Ships, Merchandizes,

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  or any other Lading: neither shall they be allowed even to purchase Victuals, except such as shall be necessary for their going to the next Port of that Prince or State from which they have Commissions.¹

  [Note 1: 1 In the margin is written "pa. 4." "This not to be insisted upon."James Wilson.]

• Art. 26. It shall be lawfull for all and Singular the Subjects of the said most Christian King, and the Citizens, People, and Inhabitants of the said united States, to Sail with their Ships, with allAgreed manner of Liberty and Security; no distinction being made, who are the Proprietors of the Merchandizes laden there on from any Port, to the Places of those who now are, or hereafter shall be at Enmity with the most Christian King, or the united States. It shall likewise be lawfull for the Subjects and Inhabitants aforesaid, to sail with the Ships and Merchandizes aforementioned; and to trade with the same Liberty, and Security, from the Places, Ports, and Havens of those who are Enemies of both or either Party, without any opposition or Disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to neutral Places; but also from one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under Several: And it is hereby Stipulated that free Ships shall also give a Freedom to Goods, and that every Thing shall be deemed to be free and exempt, which shall be found on board the Ships, belonging to the Subjects of either of the Confederates; although the whole Lading or any Part thereof, should appertain to the Enemies of Either, Contraband Goods being always excepted. It is also agreed in like manner, that the same Liberty, be extended to Persons, who are on board a free Ship with this Effect, that although they be Enemies to both or either Party, they are not to be taken out of that free Ship, unless they are Soldiers, and in actual Service of the Enemies.²

  [Note 2: 2 "This to be obtained if possible; but not to be insisted on so as to break off the Treaty."James Wilson.]

• Art. 27. This Liberty of Navigation and Commerce shall extend to all Kinds of Merchandizes, excepting those only which are distinguished by theAgreed Name of Contraband: and under this Name of Contraband, or prohibited Goods, shall be comprehended Arms, Great Guns, Bombs with their Fuzees, and other Things belonging to them; Fire-Balls, Gunpowder, Match, Cannon Ball, Pikes, Swords, Lances, Spears, Halberds, Mortars, Petards, Granadoes, Saltpetre, Musketts, Muskett Balls, Helmets,

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  Head Pieces, Breast Plates, Coats of Mail, and the like Kinds of Arms proper for arming Soldiers, Muskett-rests, Belts, Horses with their Furniture, and all other war like Instruments whatever.¹

  [Note 1: 1 Charles Thomson has written on the margin of No. 1, but struck out: "indigo and all other materials for dying." It is also written on the Wilson copy.]

  These Merchandizes which follow, shall not be reckoned among Contraband or prohibited Goods; that is to Say, all Sorts of Cloths, and all other Manufactures woven of any Wool, Flax, Silk, Cotton, or any other Materials whatever; all Kinds of Wearing apparell, together with the Species whereof they are used to be made; Gold and Silver, as well coined as uncoined, Tin, Iron, Lead, Copper, Brass, Coals; as also Wheat and Barley, and any other Kind of Corn and Pulse; Tobacco, and likewise all manner of Spices; Salted and Smoaked Flesh, Salted Fish, Cheese and Butter, Beer, Oils, Wines, Sugars, and all Sorts of Salt; and in general, all Provisions which Serve for the Nourishment of Mankind, and the Sustenance of Life: Furthermore, all Kinds of Cotton, Hemp, Flax, Tar, Pitch, Ropes, Cables, Sails, Sail Cloths Anchors, and any Parts of Anchors; also Ships Masts, Planks, Boards, and Beams, of what Trees Soever; and all other Things proper either for building or repairing Ships, and all other Goods whatever which have not been worked into the Form of any Instrument or Thing prepared for War, by Land or by Sea, shall not be reputed Contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free Goods; as likewise all other Merchandizes and Things which are not comprehended, and particularly mentioned in the foregoing Enumeration of Contraband Goods; So that they may be transported and carried in the freeest Manner by the Subjects of both Confederates,²

  [Note 2: 2 "Qu. Whether this should not be 'Partner.'"James Wilson.]

  even to Places belonging to an Enemy, such Towns or Places being only excepted as are at that time besieged, blocked up, or invested.
• Art. 28. To the End that all manner of Dissentions and Quarrells may be avoided and prevented on one Side and the other, it is agreed, that in Case either of the Parties hereto, should beAgreed engaged in War, the Ships and Vessells belonging to the Subjects or People of the other Ally, must be furnished with Sea Letters or Passports expressing the Name, Property and Bulk of the Ship, as also the Name and Place of Habitation of the

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  Master or Commander of the said Ship, that it may appear thereby, that the Ship really and truly belongs to the Subjects of one of the Parties; which Passports shall be made out and granted according to the Form annexed to this Treaty; they shall likewise be recalled every Year that is, if the Ship happens to return home within the Space of a Year. It is likewise agreed, that such Ships being laden, are to be provided, not only with Passports as abovementioned, but also with Certificates, containing the Several Particulars of the Cargo, the Place whence the Ship sailed, and whither She is bound; that so it may be known whether any forbidden or contraband Goods, be on board the same; which Certificates shall be made out by the Officers of the Place whence the Ship Set Sail, in the accustomed Form. And if any one shall think it fit or advisable to express in the said Certificates the Person to whom the Goods on board belong, he may freely do so.

• Art. 29. The Ships of the Subjects and Inhabitants of either of the Parties, coming upon any Coast belonging to either of the said Allies, but not willing to enter into Port, or being enteredAgreed into Port, and not willing to unload their Cargoes, or break Bulk, shall not be obliged to give an Account of their Lading, unless they should be Suspected, upon some manifest Tokens, of carrying to the Enemy of the other Ally, any prohibited Goods called Contraband. And in Case of such manifest Suspicion, the said Subjects and Inhabitants, of either of the Parties, shall be obliged to exhibit in the Ports, their Passports and Certificates, in the manner before Specified.
• Art. 30. That if the Ships of the said Subjects, People or Inhabitants of either of the Parties, shall be met with, either Sailing along the Coasts, or on the high Seas, by any Ship of WarAgreed of the other, or by any Privateers, the said Ships of War or Privateers, for the avoiding of any disorder, shall remain out of Cannon Shot, and may send their Boats, aboard the Merchant Ship, which they shall so meet with, and may enter her to the Number of two or three Men only, to whom the Master or Commander of such Ship or Vessell shall exhibit his Passport, concerning the Property of the Ship, made out according to the Forms inserted in this present Treaty; and the Ship when she shall have shewed such Passport, shall be free and at Liberty to pursue her Voyage, so as it shall not be lawfull to molest or search her in any Manner, or to give her Chase, or force her to quit her intended Course.

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To succeed the 30th Article¹

[Note 1: 1 This amendment, in the writing of Edward Rutledge, is in thePapers of the Continental Congress, No. 47, folio 145a. It was inserted by Charles Thomson on No. 1. and by Wilson on his copy.]

It is also agreed that all Goods when once put on board the Ships or Vessels of either Parties shall be subject to no farther Visitation, but all Visitation or Search shall be made before Hand; and all prohibited Goods shall be stopt on the Spot, before the same be put on board the Ships or Vessels of the respective State: Nor shall either the Persons or Goods of the Subjects of His most christian Majesty or the United States be put under any Arrest or molested by any other Kind of Embargo for that Cause; and only the Subject of that State by whom the said Goods have been or shall be prohibited and shall presume to sell or alienate such sort of Goods shall be duly punished for the Offence.

Form of the Passports and Letters, which are to be given, to the Ships and Barks, which shall go according to the twenty-seventh² Article of this Treaty.

[Note 2: 2 The number is in a writing other than that of John Adams.]

To all who shall See these Presents Greeting: It is hereby made known, that Leave and Permission has been given toMaster and Commander of the Ship calledof the Town ofBurthenTons or thereabouts, lying at present in the Port and Haven ofand bound forand laden withafter that his Ship has been visited, and before Sailing, he shall make Oath before the officers who have the Jurisdiction of maritime Affairs, that the said Ship belongs to one or more of the Subjects ofthe Act whereof shall be put at the End of these Presents; as likewise that he will keep and cause to be kept by his Crew, on board, the Marine ordinances and Regulations, and enter in the proper Office a List signed and witnessed containing the Names and Sirnames, the Places of Birth and Abode of the Crew of his Ship, and of all who shall embark, on board her, whom he shall not take on board without the Knowledge and Permission of the officers of the Marine; and in every Port or Haven where he shall enter with his Ship, he shall show this present Leave to the officers and Judges of the Marine, and shall give a faithfull account to them of what passed and was done during his Voyage, and he shall carry the Colours, Arms, and Ensigns of the King, (or of the united States) during his Voyage. In Witness

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whereof, We have Signed these Presents, and put the Seal of our Arms thereunto, and caused the Same to be countersigned byatthe Day of17

Form of the Act containing the Oath.

Weof the Admiralty ofdo certify thatMaster of the Ship named in the above Passport, hath taken the oath mentioned therein. Done attheDay of17.

Form of the Certificates to be required of and to be given by the Magistrates or officers of the Customs of the Town and Port in their respective Towns and Ports, to the Ships and Vessells, which Sail from thence, according to the Directions of theArticle of this present Treaty.

We A. B. Magistrate, (or) officers of the Customs of the Town and Port of C. do certify and attest, that on theDay of the Month ofin the Year of our Lord 17 D. E. of F. personally appeared before Us, and declared by a Solemn Oath, that the Ship or Vessell called G. of aboutTons whereof H. I. of K. his usual Place of Habitation, is Master or Commander, does rightfully and properly belong to him and others Subjects ofand to them alone: That She is now bound from the Port of L. to the Port of M. laden with the Goods and Merchandizes here under particularly described and enumerated, that is to Say, as follows.

In Witness whereof we have Signed this Certificate, and Sealed it with the Seal of our office. Given theday of the Month ofin the Year of our Lord 17

Ordered, To lie on the table.

Resolved, That the draught of Ephraim Blaine, for two thousand dollars, for account of blankets, purchased by order of Congress for the continental troops in Virginia, be paid, and charged to account of said E[phraim] Blaine.¹

[Note 1: 1 A letter of Ephraim Blaine, dated July 12, is in thePapers of the Continental Congress, No. 165, folio 291.]

Resolved, That the convention of Pensylvania be informed, that the Congress have agreed to the raising a

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batallion in the counties of Westmoreland and Bedford, for the defence of the western frontiers, and request them immediately to recommend proper persons to Congress for field officers for said batallion.

Resolved, That two members be added to the committee appointed to contract for the making cannon:

The members chosen, Mr. [Samuel] Chase and Mr. [Thomas] Heyward.

Adjourned to 9 o'Clock to Morrow.

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