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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, DECEMBER 19, 1780
Mr. James M. Varnum, a delegate for the State of Rhode Island and Providence Plantations, attended and produced his credentials in the words following:
State of Rhode Island and Providence Plantations
In General Assembly October Session 1780
It is Voted and Resolved That James Mitchel Varnum, Esqr. a Delegate of this state, proceed, as soon as conveniently may be, to the General Congress of the United States, there to relieve Ezekiel Cornell, Esqr. in representing the said State:
And that Twelve Thousand Pounds, in Bills of the Continental Money, be advanced to him out of the General Treasury, upon Account.
A true Copy.
Witness Henry Ward Secry2
[Note 2: 2 The original is in the Papers of the Continental Congress, Rhode Island, Credentials of Delegates.]
Mr. H[enry] Wynkoop, a delegate for the State of Pensylvania, attended and took his seat in Congress.
A letter, of 18 October, from the governor of North Carolina was read.
A letter, of 17, from William Nichols was read:
Ordered, That it be referred to the Board of War.
A letter, of 18, from E. Forman was read:
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Witherspoon, Mr. [William] Floyd, Mr. [George] Clymer.
A letter from S. Southwick was read:
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Ordered, That it be referred to a committee of three:
The members, Mr. [Jesse] Root, Mr. [Isaac] Motte, Mr. [George] Clymer.
A letter, of this day, from the Board of War was read:1
[Note 1: 1 The letter of the governor of North Carolina is in the Papers of the Continental Congress, No. 72, folio 111; that of Nichols in No. 78, XVII, folio 115; that of Forman in No. 78, IX, folio 417; that of Southwick dated November 18, 1780, in No. 78, XX, folio 613; that of the Board of War in No. 148, I, folio 261.]
Ordered, That it be referred to a committee of three:
The members, Mr. [John] Mathews, Mr. [Ezekiel] Cornell, Mr. [George] Walton.
Congress proceeded to the election of a minister to the Court of Russia, and the ballots being taken,
The honble Francis Dana was elected.
The Board of Admiralty, to whom was referred the representation of James Davidson and James Cannon, delivered in a report:
Ordered, That it be re-committed to the Board of Admiralty to take order.
The committee appointed to prepare a commission for the minister to the Court of Russia delivered in a draught which was read and agreed to:
COMMISSION TO THE HONOURABLE FRANCIS DANA
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, in Congress assembled--To all who shall see these presents, send greeting.
Whereas her Imperial Majesty the Empress of all the Russias, attentive to the freedom of commerce and the rights of nations in her declaration to the belligerent and neutral powers, hath proposed regulations founded on principles of justice, equity and moderation, of which
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their Most Christian and Catholick Majesties, and several of the neutral maritime powers of Europe have declared their approbation: And whereas Congress, willing to testify their regard to the rights of commerce, and their respect for the sovereign who hath proposed, and the powers who have approved the said regulations, did, by an act passed on the fifth day of October last, empower the minister plenipotentiary from these United States, if invited thereto, to accede to such regulations conformable to the spirit of the said declaration, as might be agreed on by the Congress expected to assemble in pursuance of her Imperial Majesty's invitation: And whereas it is the desire of these United States to cultivate the friendship of her Imperial Majesty, and to lay a foundation for a good understanding and friendly intercourse between the subjects of her Imperial Majesty and the citizens of these states, to the mutual advantage of both nations: Know ye, Therefore, That we, confiding in the integrity, prudence and ability of [the honourable Francis Dana, late a delegate in Congress from the State of Massachusetts Bay, and a member of the council of said state,] have nominated and constituted, and by these presents do nominate and constitute him the said Francis Dana to be our minister at the Court of her said Imperial Majesty, with full power in our name, and in behalf of these United States, to accede as principals to the convention of the said neutral and belligerent powers for protecting the freedom of commerce and the rights of nations, and to subscribe any treaty for that purpose conformable to the spirit of her said Imperial Majesty's declaration, and which shall be consistent with the dignity and sovereignty of the United States as a free and independent nation, either
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with her Imperial Majesty conjunctly with the other neutral or belligerent powers, or if that shall be commissible, separately with her Imperial Majesty, and or any one of those powers. And he is further authorized and empowered in our name, and on behalf of the United States, to propose a treaty of alliance and amity and commerce between these United States and her said Imperial Majesty, and to confer and treat thereon with her ministers, vested with equal powers, so as the same shall be founded on principles of equality and reciprocity, and for the mutual advantage of both nations, and agreeable to the spirit of the treaties subsisting between these United States and his Most Christian Majesty; transmitting such treaty for our final ratification. And we declare in good faith that we will confirm whatsoever shall by him be transacted in the premises.
Done by the United States of America in Congress assembled, at Philadelphia. Witness his excellency Samuel Huntington, esquire, President, the nineteenth day of December, in the year of our Lord, one thousand seven hundred and eighty, and in the fifth year of our independence.
(Signed) S. H. President.
Attest.
Ch. Thomson, Sec'y.1
[Note 1: 1 This report was entered only in the manuscript Secret Journal, Foreign Affairs. It is in the writing of James Duane, except the portion in brackets, which is in Thomson's writing, and is in the Papers of the Continental Congress, No. 25, I, folio 349.]
INSTRUCTIONS TO THE HONOURABLE FRANCIS DANA,
ESQUIRE
Sir,
The great object of your negotiation is to engage her imperial majesty to favour and support the sovereignty and independence of these United States, and to lay a
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foundation for a good understanding and friendly intercourse between the subjects of her Imperial Majesty and the citizens of these United States, to the mutual advantage of both nations.
You will readily perceive, that it must be a leading and capital point, if these United States shall be formally admitted as a party to the convention of the neutral maritime powers for maintaining the freedom of commerce. This regulation in which the Empress is deeply interested, and from which she had derived so much glory, will open the way for your favourable reception, which we have the greater reason to expect, as she has publickly invited the belligerent powers to accede thereto.
And you will give it an attention suitable to its importance. Your success will, however, depend on a variety of sources and contingencies; on a more perfect knowledge of the state of Europe than can be obtained at this distance; on the ultimate views of her Imperial Majesty, the temper of her cabinet, the avenues to their confidence, the dispositions of the neutral powers with whom she is connected, and the events of war. Under such circumstances, precise instructions for your conduct cannot be expected: on the contrary, the greatest room must be left for the exercise of your own penetration and assiduity in gaining proper information, and for your prudence and address in improving it to the best advantage. Your zeal for the publick interest will lead you to embrace every favourable incident and expedient, which may recommend these states to the friendship of her Imperial Majesty and her ministers. Your attachment to the honour and independence of your country will restrain you from every concession unbecoming the dignity of a free people. The diplomatick
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order in which you are placed by your commission, will prevent embarrassments, which, in so delicate a case might arise from the punctilio of ceremony; while it entitles you to all the confidence and protection essential to the office of a publick minister.
For the further execution of your trust, you will conform, as far as possible, to the following instructions:
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that Court that these United States shah be formally invited, or admitted, to accede as principals and as an independent nation to the said convention. In that event, you axe authorized to subscribe the treaty or convention for the protection of commerce in behalf of these United States, either with her Imperial Majesty conjunctly with the other neutral powers, or if that shall be inadmissible, separately with her Imperial Majesty, or any one of those powers.
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ancient and modern times, who have delighted in promoting the happiness of mankind, and in disarming tyranny of the power of doing mischief.
Lastly. And, in general, you shall pursue all such measures as shall appear to you conducive to the interests of the United States, to the faithful discharge of your important trust, and which circumstances may point out to be salutary and beneficial.1
[Note 1: 1 These instructions were entered only in the manuscript Secret Journal, Foreign Affairs. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 201. They are in the writing of James Duane, and are in the Papers of the Continental Congress, No. 25, I, folio 353.]
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Done in Congress, at Philadelphia, the 19th day of December, in the year of our Lord, 1780, and in the 5th year of our independence.
A LETTER OF CREDENCE FOR MR. DANA
Great and Beloved,
The United States of North America in Congress assembled, impressed with a high sense of the wisdom and magnanimity of your imperial majesty, and willing to testify our approbation of the regulations proposed by your imperial majesty for protecting the freedom of commerce and the rights of nations, have appointed [the honourable Francis Dana, late a delegate in Congress from the State of Massachusetts Bay, and a member of the council of the said State,] to be our minister at your court, that he may give more particular assurances of the great respect which we entertain for your Imperial Majesty, and of our earnest desire to cultivate the friendship of a sovereign eminent for her justice, equity and moderation. We beseech your Imperial Majesty to give entire credit to every thing which he shall deliver on our part, especially when he shall assure you of the sincerity of our friendship. We pray God to keep your Imperial Majesty in his holy protection.
Done by the United States of North America assembled in Congress, at Philadelphia, the 19th day of December, in the year of our Lord, 1780, and in the 5th year of our independence.
S. H. President.
Ch. T. Secretary.1
[Note 1: 1 This letter, in the writing of James Duane, except that portion in brackets, which is in the writing of Thomson, is in the Papers of the Continental Congress, No. 25, I, folio 343. It was entered only in the manuscript Secret Journal, Foreign Affairs.]
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Mr. [Theodorick] Bland laid before Congress an extract of a letter from the governor of Virginia, dated 17 November, 1780.1
[Note 1: 1 An extract of this letter is in the Papers of the Continental Congress, No. 71, I, folio 523.]
On motion of Mr. [James] Madison, seconded by Mr. [Theodorick] Bland,
Ordered, That so much of the said letter as respects the receiving into the continental treasury, specie, at the rate of 75 continental dollars for one of specie, be referred to the Board of Treasury, and that they be directed to have the transaction stated in their books, and in the books of the treasurer, in such manner that the State of Virginia may not be included in it.
Adjourned to 10 o'Clock to Morrow.
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