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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 --FRIDAY, DECEMBER 29, 1780
Mr. S[amuel] Johnston, a delegate for North Carolina attended and took his seat.
A letter, of 22, from General Washington was read, with a copy of a letter of 15 from Governor Clinton.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, 'No. 152, IX, folio 413.]
Ordered, That it be referred to a committee of five:
The members Mr. [William] Floyd, Mr. [Jesse] Root, Mr. [George] Clymer, Mr. [Abraham] Clark, Mr. [Samuel] Adams.
Congress proceeded to the election of an auditor of accounts for the southern army, and the ballots being taken, Mr. John S. Dart was elected.
Congress proceeded to the election of a commissioner of the extra chamber of accounts, in the room of Mr. Welles, deceased, and the ballots being taken, Mr. Leonard Gansevort was elected.
Congress proceeded to the election of a commissioner of the Board of War, to act during the absence of Colonel Pickering, and the ballots being taken, Mr. Ezekiel Cornell was elected.
Ordered, That a member of Congress be appointed to the Board of War in the room of Mr. [Ezekiel] Cornell.
The member chosen, Mr. [John] Mathews.
A letter, of 28, from the honble. J. Laurens was read, with sundry papers enclosed:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 165, folio 21.]
Ordered, That the same be referred to the Board of War to take order.
Congress took into consideration the report of the committee on General Washington's letter, of 8th;
Whereupon,
The Committee to whom General Washington's letter of the 8th of December with its enclosures, were referred, beg leave to submit the following Resolutions, viz.
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Resolved, That the Commander in Chief be, and hereby is, fully authorised and empowered to agree to an exchange of prisoners with the commander in chief of the British forces, in such manner as he shall think proper, always keeping in view the former resolutions of Congress respecting the exchange of the prisoners under the capitulation of Charlestown and Fort Moultrie:
That the adjustment of the accounts between the United States and the British are to be referred to commissioners, to be settled, and that the exchange of prisoners be not delayed on that account.
That it be recommended to the several States who have officers prisoners with the enemy at New York, to send to that place such of the Articles as are mentioned in the permit of the Police of that place, as shall be most convenient to said States, to be put Re-committed. into the Hands of our Commissary of Prisoners there, to be disposed of for the payment of the maintenance of our officers at New York and on Long Island. The amount furnished by each State to be credited to them respectively, in their accounts with the United States.1
[Note 1: 1 This report, in the writing of John Sullivan, is in the Papers of the Continental Congress, No. 136, IV, folio 785.]
Ordered, That the remainder of the report be re-committed.
Congress took into consideration the report of the committee on the letters, of the 24 and 25 September, from the honble. J. Adams; Whereupon,
Resolved, That a commission be given to the honble. John Adams similar to the one prepared on the first of November, 1779, and since given to the honble. H. Laurens, as Minister Plenipotentiary to negociate a Treaty of Amity and Commerce with the United Provinces of the low countries; and that the articles and instructions now agreed to be transmitted to him.
Ordered, That the committee who brought in the report prepare and report the drought of a letter of credence for Mr. Adams.2
[Note 2: 2 The foregoing resolution and order were also entered in 'the manuscript Secret Journal, Foreign Affairs.]
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THE COMMISSION TO MR. J. ADAMS
The United States of America in Congress assembled, to all who shall see these presents, send greeting.
Whereas an intercourse between the citizens of the United Provinces of the low countries and the citizens of these United States, founded on the principles of equality and reciprocity, may be of mutual advantage to both nations:
Know ye, Therefore, That we, confiding in the integrity, prudence and ability of the honourable John Adams, late commissioner of the United States of America at the Court of Versailles, late delegate in Congress from the State of Massachusetts Bay, and chief justice of the said State, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him the said John Adams our commissioner, giving him full power, general and special, to act in that quality, to confer, treat, agree and conclude with the person or persons vested with equal powers by the States General of the said United Provinces, of and concerning a treaty of amity and commerce; and whatever shall be so agreed and concluded for us, and in our name, to sign, and thereupon make such treaty, conventions and agreements as he shall judge conformable to the ends we have in view; hereby promising in good faith that we will accept, ratify and execute whatever shall be agreed, concluded and signed by our said minister.
In witness whereof we have caused these presents to be given in Congress, at Philadelphia, the 29th day of December, in the year of our Lord, 1780, and in the 5th year of our independence.
(Signed) S. Huntington, President.
Ch. Thomson, Sec'y.1
[Note 1: 1 This draft is in the Papers of the Continental Congress, No. 25, I, folio 277.]
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INSTRUCTIONS TO THE HONOURABLE JOHN ADAMS
Sir,
You will herewith receive a commission, authorizing you to negotiate a treaty of amity and commerce with the United Provinces of the low countries.
You will also receive a plan, in articles, which you are to adopt in whole, or without any essential alteration, being always cautious not to admit any thing inconsistent with the treaties already concluded between the United States and France, and being particularly attentive to the ninth, tenth and seventeenth articles of our treaty of amity and commerce with France, numbered as they were finally ratified.
In settling regulations respecting contraband, you will regard not only the enumeration made in our treaty with France, but conform to such regulations as shall be agreed upon by the Congress of the northern powers, concerning which we have expressed our intentions by resolves passed the 5th of October last, and herewith transmitted.
Done at Philadelphia, this 29th day of December, in the year of our Lord, 1780, and in the 5th year of our independence. By the Congress of the United States. (Signed)Samuel Huntington, President.
Ch. Thomson, Sec'y.1
[Note 1: 1 This report and instructions, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 19, I, folio 3. A copy of the letter, in Thomson's hand, is also in the Papers of the Continental Congress, No. 25, I, folio 263. The commission and instructions to Adams were entered only in the manuscript Secret Journal, Foreign Affairs.]
Plan of a Treaty of Amity and Commerce between the United States of America and the United Provinces of the Low Countries.
The parties being willing to fix, in a permanent and equitable manner, the rules to be observed in the commerce
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commerce they desire to establish between their respective countries, have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement, by leaving each party at liberty to make such interiour regulations respecting commerce and navigation as they shall find most convenient, and by founding the advantage of commerce on reciprocal and just rules of free intercourse. On these principles the parties, after mature deliberation, have agreed to the following articles:
ARTICLE I
There shall be a firm, inviolable and universal peace and sincere friendship between their High Mightinesses the States General of the seven United Provinces of Holland the low countries and the United States of North America, and the subjects and people of the said parties, and the countries, islands, cities and towns situated under their respective jurisdictions, and the people and inhabitants thereof of every degree, without exception of persons or places.
ARTICLE II
The subjects of the said states of Holland the low countries shall pay in the ports, havens, roads, countries, islands, cities or towns of the United States of North America, or any of them, no other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the nations most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, whether in passing from one port in the said states to another, or in going to and from the same, from and
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to any port of the world which the said nations do or shall enjoy.
ARTICLE III
The converse of article II.
ARTICLE IV
There shall be a full, perfect and entire liberty of conscience allowed to the subjects of each party, and to their families, as to matters of religion, and a full and entire liberty to worship in their own way, without any kind of molestation. Moreover, liberty shall be given to the subjects of either party, who die in the territories of the other, to be inferred in convenient and decent places to be appointed for that purpose as occasion shall require; neither shall the dead bodies of those that are buried be any wise molested.
ARTICLE V
Their High Mightinesses the States of the seven United Provinces of Holland the low countries shall endeavour, by all the means in their power, to protect and defend all vessels and other effects belonging to the subjects citizens, people or inhabitants of the said United States of America, or any of them, being in their ports, havens or roads, or on the seas near to their countries, islands, cities or towns; and to recover, and cause to be restored to the right owners, their vessels and effects, as shall be taken within their jurisdiction. And their ships of war, or any convoy sailing under their authority, shall, upon all occasions, take under their protection all vessels belonging to the subjects, people or inhabitants of the said United States of America, or any of them, holding the same course, or
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going the same way, and shall defend such vessels 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 vessels belonging to the subjects of their said High Mightinesses.
ARTICLE V
A reciprocal stipulation.
ARTICLE VI
It shall be lawful and free for merchants and others being subjects either of the said seven United Provinces of Holland the low countries, or of the said United States of America, by will, or any other disposition, made either during the tune of sickness or at any other time before, or at the point of death, to devise or give away to such person or persons as to them shall seem good, their effects, merchandise, money, debts or goods, moveable or immoveable, which they have or ought to have at the time of their death, or at any time before, within the countries, islands, cities, towns or dominions belonging to either of the said contracting parties. Moreover, whether they die having made their wills, or intestate, their lawful heirs, executors or administrators residing in the dominions of either of the contracting parties, or coming from any other part, although they be not naturalized, and without having their right contested or impeded under pretext of any rights or prerogatives of provinces, cities or private persons, shall freely and quietly receive and take possession of all the said goods and effects whatsoever, according to the laws of each country respectively, in such manner however that the wills and right of entering upon the
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inheritances of persons dying intestate must be proved, according to the law in those places where such persons may happen to die, as well by the subjects of one as of the other contracting party, any law, statute, edict, custom or ordinance droit d'aubaine or right whatsoever notwithstanding.
ARTICLE VII
It shall be lawful and free for the subjects of each party to employ such advocates, attorneys, notaries, solicitors or factors as they shall think fit, to which end the said advocates, and others abovementioned, may be appointed by the ordinary judges, if it be needful, and the judges be thereunto required.
ARTICLE VIII
Merchants, masters of ships, owners, mariners, men of all kinds, ships and vessels, and all merchandise and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, towns, ports, havens, shores or dominions whatsoever of the other confederate, for publick use, warlike expeditions, or the private use of any one, by arrests, violence, or any colour thereof. Moreover, it shall be unlawful for the subjects of either party to take any thing, or to extort it by force from the subjects of the other party, without the consent of the person to whom it belongs. Which, however, is not to be understood of that seizure and detention which shall be made by the command and authority of justice, and by the ordinary methods, on account of debt or crimes, in respect whereof the proceedings must be by way of law, according to the forms of justice.
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ARTICLE IX
It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other subjects of their High Mightinesses the States of the seven United Provinces of Holland the low countries, in all places subject to the dominion and jurisdiction of the said United States of America, to manage their own business themselves, or to employ whomsoever they please to manage it for them; nor shall they be obliged to make use of any interpreter, or broker, nor to pay any salary or fees, unless they choose to make use of them. Moreover, masters of ships shall not be obliged, in loading or unloading their ships, to make use of those workmen that may be appointed by publick authority for that purpose; but it shall be entirely free for them to load or unload their ships by themselves, or to make use of such persons in loading or unloading the same as they shall think fit, without paying any fees or salary to any other whomsoever. Neither shall they be forced to unload any sort of merchandises, either into other ships, or to receive them into their own, or to wait for their being loaded longer than they please. And all and every the subjects citizens, people and inhabitants of the said United States of America shall reciprocally have and enjoy the same privileges and liberties in all places whatsoever subject to the domination and jurisdiction of their High Mightinesses the States of the seven United Provinces of Holland the low countries.
ARTICLE X
The merchant ships 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
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species of goods on 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 likewise certificates expressly showing that her goods are not of the number of those which have been prohibited as contraband.
ARTICLE XI
If by exhibiting the above said certificates the other party discover there are any of those sorts of goods which are prohibited and declared contraband, and consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks or any other vessel found therein, or to remove the smallest parcel of her goods, whether such ship belongs to the subjects of France their High Mightinesses the States of the seven United Provinces of the low countries, or the citizens or inhabitants of the said United States of America, 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 until after that due and lawful 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 prohibited goods; much less shall they be confiscated as lawful 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
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be ready and willing to deliver them to the captor who has 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. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeably to what is above directed.
ARTICLE XII
On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, the whole, though it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandises as were put on board such ship before the declaration of war, or even after such declaration, without the knowledge of it, 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, without the knowledge of it, shall no wise 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 way lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree that the term of two months being passed after the declaration of war, their respective subjects
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from whatever part of the world they come shall not plead the ignorance mentioned in this article.
ARTICLE XIII
And that more effectual care may be taken for the security of the subjects and people of either party, that they do not suffer any injury by the men of war or privateers of the other party, all the commanders of the ships of war and the armed vessels of the said states of the seven United Provinces of Holland the low countries, and of the said United States of America, and all their subjects and people, 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 moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation under the pain and obligation of their persons and goods.
ARTICLE XIV
All ships and merchandise of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either 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.
ARTICLE XV
If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons ship-wrecked,
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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 of them to his own country.
ARTICLE XVI
In case the subjects or people of either party, with their shipping, whether of publick and of war, or private and of merchants be forced through stress of weather, pursuit 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 needful for the sustenance of their persons, or reparation of their ships; 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 let or hindrance.
ARTICLE XVII
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 be allowed to the merchants, in the cities and towns where they live, for selling and transporting their goods and merchandises; and if any thing be taken from them, or any injury be done to them, within that term, by either party, or the people or subjects of either, full satisfaction shall be made for the same.
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ARTICLE XVIII.
No subjects of their High Mightinesses the States of the seven United Provinces of Holland the low countries 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 States of America, 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 the inhabitants of any of them, from any prince or state with which the said United States of America shall happen to be at war; nor shall any citizen, subject or inhabitant of the said United States of America, 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 their said High Mightinesses, or any of them, or the property of any of them, from any prince or state with which the said King state shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.
ARTICLE XIX
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 entered into port, and not willing to unload their cargoes or break bulk, shall be treated agreeable to the general rules prescribed, or to be prescribed, relative to the object in question.
ARTICLE XX
The two contracting parties grant to each other the liberty of having, each in the ports of the other, consuls, vice-consuls and commissaries of their own appointing,
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whose functions shall be regulated by particular agreement, whenever either party chooses to make such appointment.
ARTICLE XXI
It is agreed between the two contracting parties, that no clause, article, matter or thing herein contained, shall be taken or understood, either in present or future, contrary to the clauses, articles, covenants and stipulations in a treaty between the said United States of America and the Most Christian King, executed at Paris on the 6th day of February, 1778, or any of them, but the same shall be taken and understood consistently with, and conformably to, the said treaty.1
[Note 1: 1 This "Plan of a Treaty" was entered only in the manuscript Secret Journal, Foreign Affairs. The draft, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 25, I, folio 251.]
Resolved, That a committee of three be appointed to collect and cause to be published 200 correct copies of the declaration of independence, the articles of confederation and perpetual union, the alliances between these United States and his Most Christian Majesty, with the constitutions or forms of government of the several states, to be bound together in boards.
The members, Mr. [Thomas] Bee, Mr. [John] Witherspoon, Mr. [Oliver] Wolcott.2
[Note 2: 2 This resolution, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 19, I, folio 5. It was also entered in No. 9, (History of the Confederation.)]
The committee on the affairs of the Treasury;
The committee on the letter, of November 5, from General Washington; and
The committee on General Washington's letter of 24 November, delivered in their several reports.
Adjourned to 10 o'Clock on Monday.
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