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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, AUGUST 16, 1781


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Journals of the Continental Congress, 1774-1789
THURSDAY, AUGUST 16, 1781

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A letter, of 13, from General Washington; and

A letter, of 12, from Colonel Pickering, quartermaster general, were read.2

[Note 2: 2 Washington's letter is in the Papers of the Continental Congress, No. 152, X, folio 215; Pickering's is in No. 192, folio 77.]

The committee to confer with agents appointed by the people of the New Hampshire grants on the west side of Connecticut, and to whom was referred a letter from J. Fay, I. Allen and B. Woodward, delivered in a report.

The Committee appointed to confer with persons appointed by the people of Vermont &c. report

That your Committee this morning met Jonas Fay, Ira Allen, and Bezaleel Woodward Esquires Agents from the people of Vermont and exchanged powers with them mutually recd. from their constituents.

That your Committee on carefully examining the Commission from Thomas Chittenden Esqr. stiling himself Capt. Genl. Govr and Commander in Chief of the State of Vermont (hereunto annexed) came to an unanimous opinion that the sd. Agents were not Authorized to treat with your Committee agreeable to the Resolutions of Congress appointing your Committee and by which they consider themselves strictly bound, for that

The sd. Commission bears a prior date to the said Resolutions of Congress and is not founded thereon.

That it appeared to your Committee by the information of the said Agents, that the said Commission was given in consequence of the Representative Authority of people Inhabiting on the East side of Connecticut River, and on the East side of Hudsons River within the


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twenty mile Line, together with the people of Vermont, Wherefore your Committee submit to Congress whether they should proceed in the said conference.1

[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 40, II, folio 85.]

The consideration of the report on the communications from the honble the Minister of France was resumed and concluded.

On the report of the committee, consisting of Mr. [John] Witherspoon, Mr. [Daniel] Carroll, Mr. [James Mitchell] Varnum, Mr. [John] Sullivan and Mr. [John] Mathews, to whom was re-committed their report on the communications from the honorable the Minister of France, and who were instructed to report instructions to the honourable John Adams, respecting a treaty of alliance with the United Provinces of the Netherlands:2

[Note 2: 2 These resolutions and the commission following were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. A copy is in Secret Journal, No. 6, Vol. III.]

Resolved, That the minister plenipotentiary of these United States at the Court of Versailles be directed to inform his Most Christian Majesty, that the tender of his endeavours to accomplish a coalition between the United Provinces of the Netherlands and these states hath been received by Congress, as a fresh proof of his solicitude for their interests. That previous to the communication of this his Most Christian Majesty's friendly purpose, Congress, impressed with the importance of such a connexion, had confided to Mr. John Adams full powers to enter, on the part of the United States, into a treaty of amity and commerce with the United Provinces, with a special instruction to conform himself therein to the treaties subsisting between his Most Christian Majesty and the United States. That Congress do, with pleasure, accept his Most Christian Majesty's interposition, and will transmit further powers


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to Mr. Adams [their minister at the Hague] to form a defensive [treaty of] alliance between his Most Christian Majesty, the United Provinces, and the United States, having for its object, and limited in its duration to, the present war with Great Britain. That he will be enjoined to confer on all occasions in the most confidential manner with his Most Christian Majesty's minister at the Hague; and that provisional authority will also be sent to admit his Catholick Majesty as a party.

Resolved, That Mr. John Adams [the minister plenipotentiary of these United States at the Hague] be and he is hereby instructed to propose a defensive [a treaty of] alliance between his most Christian Majesty, the United Provinces of the Netherlands, and the United States of America, having for its object, and limited in its duration to, the present war with Great Britain, and conformed to the treaties subsisting between his Most Christian Majesty and the United States.

That the indispensable conditions of the alliance be, that their High Mightinesses the States General of the United Provinces of the Netherlands shah expressly recognise the sovereignty and independence of the United States of America, absolute and unlimited, as well in matters of government as of commerce. That the war with Great Britain shall be made a common cause, each party exerting itself according to its discretion in the most effectual hostility against the common enemy; and that no party shall conclude either truce or peace with Great Britain without the formal consent of the whole first obtained; nor lay down their arms until the sovereignty and independence of these United States shall be formally or tacitly assured by Great Britain, in a treaty which shall terminate the war.


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That Mr. J. Adams [the said minister] be and he hereby is farther instructed, to unite the two republicks by no stipulations of offence, nor guaranty any possession of the United Provinces. To inform himself, Mr. John Jay from [the minister of these United States at the Court of Spain,] of the progress of his negotiations at the said Court; and if an alliance shall have been entered into between his Catholick Majesty and these United States, to invite his Catholick Majesty into the defensive alliance herein intended; if no such alliance shall have been formed, to receive his Catholick Majesty, should he manifest a disposition to become a party to the alliance herein intended, according to the instructions given to Mr. Jay [the said minister] at the Court of Spain.

Withdrawn by unanimous consent. And to enter into no Treaty of amity commerce with the United Provinces unless the alliance aforesaid shall be assented to on their part, if overtures from which he cannot with honor recede shall not have been already made by virtue of his former instructions.

[That in all other matters not repugnant to these instructions, the said minister at the Hague do use his best discretion.]

Resolved, That the minister plenipotentiary of these United States at the Hague be and hereby is instructed to confer in the most confidential manner with his Most Christian Majesty's minister there.

Ordered, That the foregoing resolutions be communicated to Dr. Franklin and Mr. Jay requiring them to [our ministers at the Courts of Versailles and Madrid, that they may] furnish every information and aid in their power to Mr. Adams [our minister at the Hague] in the accomplishment of this business.


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Ordered, That a Plenipotentiary Commission be prepared authorising Mr. John Adams to enter into the defensive alliance aforesaid:

Resolved, That a plenipotentiary commission be prepared authorizing Mr. Jay to assist in the preceding negotiation should his Catholick majesty a disposition to become a party to the defensive alliance.1

[Note 1: 1 This report, in the writing of Edmund Randolph, except the portions in brackets which are in Thomas McKean's writing, is in the Papers of the Continental Congress, No. 25, I, folio 463.]

Resolved, That the following commission be issued to Mr. John Adams, for the purpose aforesaid:

The United States in Congress assembled to all who shall see these presents, send greeting.

Whereas a union of the force and coalition of the several powers engaged in the war against Great Britain may have a happy effect in conducting tendency to bring the said war to a happy speedy and favourable issue; and it being the desire of these United States to cement an union and more intimate connexion form an alliance between them and the United Provinces of the Netherlands: 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 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 minister plenipotentiary, giving him full powers, general and special, to act in that quality, to confer, treat, agree and conclude, with the person or persons vested with equal powers by his Most Christian


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Majesty, and their High Mightinesses the States General of the United Provinces of the Netherlands, of and concerning a treaty of alliance between his Most Christian Majesty, the United Provinces of the Netherlands, and the United States of America; and whatever shall be so agreed and concluded for us and in our name, to sign, and thereupon to 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 him our said minister.

In witness whereof we have caused these presents to be signed by our President, and sealed with his seal. Done at Philadelphia, this sixteenth day of August, in the year of our Lord one thousand seven hundred and eighty-one, and in the sixth year of our independence, by the United States in Congress assembled.1

[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, I, folio 457.]

(Signed) Thomas McKean, President.

Attest.

Charles Thomson, Secretary.

Adjourned to 10 o'Clock to Morrow.

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