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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 --TUESDAY, SEPTEMBER 28, 1779
Congress having appointed the honorable John Jay, Esq. their minister plenipotentiary to negotiate a treaty of amity and commerce and of alliance between the United States of America and his Catholic Majesty, and he having signified his acceptance of that office, and, thereupon, resigned the chair,
Resolved, That Congress proceed to the choice of a President:
Congress accordingly proceeded to an election; and, the ballots being taken and counted,
The honorable Samuel Huntington, Esq. was elected.
The Committee on the Treasury having reported, that by a letter of this day's date from the Board of War, they are informed that Major General Phillips and sundry other officers of the convention troops, with their families, are on their way to New York; Whereupon,
Resolved, That it is highly improper, under the present circumstances of our affairs, to permit any of the officers or persons aforesaid to go into New York; and the Board of War are hereby directed to detain them until the further order of Congress.1
[Note 1: 1 This report, dated September 27, is in the Papers of the Continental Congress, No. 136, III, folio 673. In the original General Riedesel, his wife, three children, and domestics are mentioned, and the cause for refusal involved the adjustment and payment of the accounts against the convention troops. For further paragraphs of this report, see p. 1123, post.]
Ordered, That a copy of the above resolution be forwarded to the Commander in Chief.
On motion of Mr. [James] Lovell, seconded by Mr. [Joseph] Hewes,
Resolved, That the election of a suitable person to examine the accounts of the several commissioners, commercial agents, and others in Europe entrusted with public money of these United States, be an order of the day for to morrow.
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The following gentlemen were put in nomination for that business:
Mr. Edmund Jennings, by Mr. [James] Forbes;
Mr. Labouchere, by Mr. [Henry] Laurens;
Mr. Joshua Johnson, by Mr. [Daniel of St. Thomas] Jenifer.
Ordered, That Mr. [Meriwether] Smith have leave of absence.
Ordered, That Mr. [William] Fleming have leave of absence.
Resolved, That three members be elected to the Marine Committee, in the room of Mr. [William] Whipple, Mr. [Samuel] Huntington, and Mr. [William] Fleming: the members chosen, Mr. [Woodbury] Langdon, for New Hampshire; Mr. [Jesse] Root, for Connecticut; Mr. [James] Mercer, for Virginia.
On motion of Mr. [Elbridge] Gerry, seconded by
Resolved, That tomorrow be assigned for the appointment of a secretary for the minister plenipotentiary at the court of Versailles, and for each of the ministers who are to negotiate treaties with the courts of Spain and Great Britain.
The following gentlemen were put in nomination.
For the minister plenipotentiary to negotiate a treaty of alliance and a treaty of commerce and amity with Spain,
Mr. William Carmichael, by Mr. [Joseph] Hewes.
Mr. Searle, by Mr. Armstrong. Withdrawn.
For the minister plenipotentiary to negotiate a treaty of peace, and a treaty of commerce with Great Britain,
Mr. John Trumbull, by Mr. [Henry] Laurens.
Mr. Jonathan Trumbull, jun. by Mr. [Samuel] Holten,
Mr. Francis Dana, by Mr. [Nathaniel] Peabody.
For the minister plenipotentiary at the court of Versailles,
Mr. Peter Scull, by Mr. [Samuel John] Atlee.
Mr. John Laurens, by Mr. [Elbridge] Gerry.
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The committee, consisting of Mr. [John] Dickinson, Mr. [Gouverneur] Morris, and Mr. [Henry] Marchant, appointed to prepare drafts of commissions, reported the same, which were agreed to as follows:
For the minister plenipotentiary to negotiate a treaty of peace.
The Delegates of the United States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia--To all who shall see these presents, send greeting.
It being probable that a negotiation will soon be commenced for putting an end to the hostilities between his Most Christian Majesty and these [United] States, on the one part, and his Britannick Majesty on the other part; and it being the sincere desire of the United States that they may be terminated by a peace, founded on such solid and equitable principles as reasonably to promise a permanency of the blessings of tranquillity: Know ye, therefore, That we, confiding in the integrity, prudence and ability ofhave nominated and constituted, and by these presents do nominate and constitute him the saidour minister plenipotentiary, giving him full power, general and special, to act in that quality, to confer, treat, agree and conclude, with the ambassadors or plenipotentiaries of his Most Christian Majesty, and of his Britannick Majesty, and those of any other princes or states whom it may concern, vested with equal powers, relating to the re-establishment of peace and friendship; and whatever shall be so agreed and concluded, for us, and in our name to sign, and thereupon to make a treaty or treaties, and to transact every thing that may be necessary for completing, securing and strengthening the great work of pacification, in as ample form, and with the same effect, as if we were personally present and acted therein; hereby promising, in good faith, that we will accept, ratify, fulfil and execute whatever shall be agreed, concluded and signed by our said minister plenipotentiary; and that we will never act nor suffer any person to act contrary to the same, in the whole or in any part.
In witness whereof we have caused these presents to be given in Congress, at Philadelphia, theday ofin the
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year of our Lord, seventeen hundred and seventy nine, and in the fourth year of the independence of the United States of America.
Signed by the President, and sealed with his seal.1
[Note 1: 1 This draft, in the writing of John Dickinson, is in the Papers of the Continental Congress, No. 47, folio 317.]
For the minister plenipotentiary to negotiate a treaty of amity and commerce with Great Britain.
The Delegates of the United States of New Hampshire, &c. in Congress assembled--To all who shall see these presents, send greeting.
It being the desire of the United States, that the peace which may be established between them and his Britannick majesty may be permanent, and accompanied with the mutual benefits derived from commerce: Know ye, therefore, That we, confiding in the integrity, prudence and ability ofhave nominated and constituted, and by these presents do nominate and constitute him the saidour minister plenipotentiary, giving him full power, general and special, to act in that quality, to confer, agree and conclude with the ambassador or plenipotentiary of his Britannick majesty, vested with equal powers, of and concerning a treaty of commerce; and whatever shall be so agreed and concluded for us and in our name, to sign, and thereupon make a treaty of commerce; and to transact every thing that may be necessary for completing, securing and strengthening the same, in as ample form, and with the same effect, as if we were personally present and acted therein; hereby promising, in good faith, that we will accept, ratify, fulfil and execute whatever shall be agreed, concluded and signed by our said minister plenipotentiary; and that we will never act, nor suffer any person to act, contrary to the same, in whole or in part. In witness whereof we have caused these presents to be given in Congress, at Philadelphia, theday ofin the year of our Lord, 1779, and in the fourth year of the independence of the United States of America.
Signed by the President, and sealed with his seal.2
[Note 2: 2 The fact that this committee reported, and the two commissions, were not entered in the manuscript Secret Journal, Foreign affairs.]
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On motion of Mr. [John] Mathews, seconded by Mr. [Jesse] Root,
Resolved, That a committee of three be appointed to prepare the draft of a commission for the minister plenipotentiary appointed to negotiate a treaty of amity and commerce and of alliance between the United States of America and his catholick majesty.
The members--Mr. [William] Paca, Mr. [John] Mathews, and Mr. [Elbridge] Gerry.
Ordered, That the said committee prepare the draft of a commission for each of the secretaries to be appointed.
Resolved, That a committee of three be appointed to report proper salaries for the ministers plenipotentiary and their secretaries, respectively.
The members, Mr. [John] Mathews, Mr. [Elbridge] Gerry, and Mr. [Jesse] Root.
The committee, consisting of Mr. [Meriwether] Smith; Mr. [John] Mathews, Mr. [Elbridge] Gerry, appointed to prepare instructions to the minister for negotiating with the court of Spain, having brought in a draft, the same was agreed to as follows:
Instructions to the minister plenipotentiary for negotiating withthe court of Spain
Sir,
By the treaties subsisting between his most christian majesty and the United States of America, a power is reserved to his catholic majesty to accede to the said treaties, and to participate in their stipulations, at such time as he shall judge proper, it being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the court of Spain, his catholick majesty may propose other conditions analogous to the principal aim of the alliance, and conformable to the rules of equality, reciprocity and friendship. Congress is sensible of the friendly regard to these states manifested by his most christian majesty, in reserving a power to his catholick majesty of acceding to the alliance entered into between his most christian
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majesty and these United States; and therefore, that nothing may be wanting on their part to facilitate the views of his most christian majesty, and to obtain a treaty of alliance and of amity and commerce with his catholick majesty, have thought proper to anticipate any propositions which his catholick majesty might make on that subject, by yielding up to trim those objects which they conclude he may have principally in view; and for that purpose have come to the following resolution:
That if his catholick majesty shall accede to the said treaties, and, in concurrence with France and the United States of America, continue the present war with Great Britain for the purpose expressed in the treaties aforesaid, he shall not thereby be precluded from securing to himself the Floridas: On the contrary, if he shall obtain the Floridas from Great Britain, these United States will guaranty the same to his catholick majesty: Provided always, that the United States shall enjoy the free navigation of the river Mississippi into and from the sea.
You are therefore to communicate to his most christian majesty, the desire of Congress to enter into a treaty of alliance and of amity and commerce with his catholick majesty, and to request his favourable interposition for that purpose. At the same time, you are to make such proposal to his catholick majesty, as in your judgment, from circumstances, will be proper for obtaining for the United States of America equal advantages with those which are secured to them by the treaties with his most christian majesty; observing always the resolution aforesaid as the ultimatum of the United States.
You are particularly to endeavour to obtain some convenient port or ports below the thirty-first degree of north latitude, on the Mississippi river, for all merchant vessels, goods, wares and merchandises belonging to the inhabitants of these states.
The distressed state of our finances and the great depreciation of our paper money inclined Congress to hope that his catholick majesty, if he shall conclude a treaty with these states, will be induced to lend them money: You are therefore, to represent to him the great distress of these states on that account, and to solicit a loan of five millions of dollars upon the best terms in your power, not exceeding six per centum per annum, effectually to enable them to co-operate with the allies against the common enemy. But before you make any propositions to his catholick
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majesty for a loan, you are to endeavour to obtain a subsidy in consideration of the guarantee aforesaid.1
[Note 1: 1 The following instructions, in the writing of John Mathews, are in the Papers of the Continental Congress, No. 25, I, folio 329. They are endorsed "Postponed." See Meriwether Smith's paper, printed under September 17, 1779, p. 1084, ante.
"Instructions for the Minister who is to negotiate the Treaties of Alliance and Commerce with his Most Catholic Majesty.
"Sir, Congress being informed that to promote the treaty of Alliance, which these United States have proposed to enter into with his Most Catholic Majesty, it is necessary so far to deviate from the terms of the Treaty of Alliance which these States have entered into with his Most Christian Majesty as to admit the Territory of East and West Florida, when conquered or otherwise obtained from G. Britain by his Most Ca. M. to be annexed to his jurisdiction and government, have come into the following Resolutions, viz. (Here comes in the Resolution)
"You are therefore to inform his Most Ca. M. of the substance of the Resolution afd. for his obtaining the Floridas, and that, agreeable to the terms thereof these United States will cheerfully afford him their assistance in conquering the same; But should a cooperation on our part with a military force be expected by his Most Ca. M. you are to inform him of our inability on this Head. You are also to assure his Most C. M. that when the Floridas shall be conquered or otherwise obtained by him as afd., these States will guaranty the same to his Most Ca. M. to the same extent in which they were held by him before the Treaty of Paris in 1763.
"You are to obtain an assurance in the said Treaty of alliance, on the part of his Most Ca. M. that the United States shall enjoy the free navigation of the River Mississippi into and from the Sea. At the same time you are to inform his Most C. M. that these States find themselves constrained by the most urgent necessity to make this an ultimatum, as the future welfare of a great part of these States essentially depends thereon.
"You are also to use your utmost endeavors that one or more free port or ports on the sd. River Mississippi shall be established below the 31st Degree of No. Latitude under such regulations and restrictions as may be agreed on between the Ministers negotiating the Said Treaties; But this proposition is not to be considered as an Ultimatum.
"You are to represent to his Most Ca. M. the depreciated state of our paper Currency, and that to enable us effectually to cooperate with theft Most Christian and Catholic Majesties against the common enemy, it is indispensably necessary we should be supplied with a sum of money in specie. You are therefore to endeavor to procure from His Most C. M. a loan of 5,000,000 of dollars on the best terms the same can be had.
"In all other matters you are to govern yourself by the Treaties subsisting between his Most Christian Majesty and these United States."]
The committee appointed to prepare a commission for the minister plenipotentiary to negotiate a treaty of amity and commerce, and of alliance with his catholick majesty, brought in a draft which was agreed to as follows:
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FORM OF A COMMISSION, &c.
The Delegates of the United States of New Hampshire, &c. in Congress assembled--To all who shall see these presents, send greeting.
Whereas an intercourse between the subjects of his catholick majesty and the citizens of the United States, founded on the principles of equality, reciprocity and friendship, may be of mutual advantage to both nations: and it being the sincere desire of the United States to enter into a treaty of alliance and of amity and commerce with his catholick majesty: Know ye, therefore, That we, confiding in the integrity, prudence and ability ofhave nominated and constituted, and by these presents do nominate and constitute him the saidour minister plenipotentiary, giving him full power, general and special, to act in that quality, to confer, treat, agree and conclude with the ambassador or plenipotentiary of his catholick majesty vested with equal powers, of and concerning a treaty of amity and commerce, and of alliance; and whatever shall be so agreed and concluded for us and in our names, to sign, and thereupon make such treaty or treaties, conventions or agreements, as he shall judge conformable to the ends we have in view, in as ample form, and with the same effect, as if we were personally present and acted therein; hereby promising in good faith, that we will accept, ratify, fulfil and execute whatever shall be agreed, concluded and signed by our said minister plenipotentiary; and that we will never act nor suffer any person to act contrary to the same, in the whole or in any part.
In witness whereof, we have caused these presents to be given in Congress, at Philadelphia, theday of, in the year of our Lord,, and in theyear of the independence of the United States of America.
Signed by the President, and sealed with his seal.1
[Note 1: 1 These proceedings were entered only in the manuscript Secret Journal, Foreign Affairs. The instructions to the minister to Spain and the fact of their being reported were not entered in this journal.]
Adjourned.
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