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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 --WEDNESDAY, JANUARY 9, 1782
An Ordinance was read the first time respecting the settlement of public accounts, which was first reported by the Superintendant of finance on a reference of a memorial of the legislature of New Jersey, November 23, 1781, and which being referred to a committee, consisting of Mr. J[oseph] Jones, Mr. [Ezekiel] Cornell, Mr. [George] Clymer, Mr. [Samuel] Osgood, Mr. [John] Mathews, was amended and reported by them:
The Committee to whom was referred the report of the Superintendant of Finance on a representation of the State of New Jersey and a report of a Committee respecting the settlement of public accounts have considered thereof, and beg leave to report the following Ordinance.
Whereas it is necessary finally to determine the proportions of the several states in carrying on the war from the commencement thereof until the first day of Jany next, and to settle and adjust the accounts of the said states, with the United States, and to liquidate the certificates given by public officers to the inhabitants of the several states.
Be it ordained by the United States in Congress Assembled, and it is hereby ordained by the authority of the same, That the several states do each send one representative to the city of Philadelphia so as to meet together on theofnext then and there finally to determine by the major voice, the proportion to be paid by each State of the expence which has accrued during the present war, from the commencement thereof until the first day of January next, excepting such part thereof as now is or may hereafter become a funded debt of the United States. That nine representatives when convened may proceed to business, provided that no question except of order shall be determined without the concurrence of seven States.
That a Comr for each State be appointed as follows: that he be nominated by the Superintendant of the finances of the United
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States and approved of by the legislature of the particular State for which he shall have been nominated. That upon the refusal, death or inability to act of such Commissioner another person to supply his place, be nominated by the Superintendant of the finances, and approved of by the Executive or the Delegates attending in Congress of the State for which he shall be nominated as the legislature of the State shall direct. That the said Commissioner so appointed have full power and authority finally to settle (in such form as by the Comptroller of the Treasury shall be directed) the accounts between the State for which he shah have been appointed and the United States, and also all demands upon the United States within the said State, for supplies furnished, services performed, and contingent expences thereon, according to the principles of equity and good conscience in all cases which are not and shah not hereafter be provided for by the ordinances and resolutions of Congress.
That the said Commissioner be allowed a salary of dollars per annum and that he appoint his necessary clerks with the annual salary of dollars per annum each, or in proportion for the time they shall respectively serve, and in full for all services and expences.
That monies paid by the United States or by the State be estimated according to the Table of depreciation framed by the Treasury board on the 29th day of July 1780 in consequence of the resolution of the 28th of June preceeding.
That the value of all articles delivered to and services performed for the United States be estimated at the real specie value of such articles and services, at the time and place when and where the same were performed or delivered, and that the services and articles be so ascertained as to be charged to the proper public officers.
That the said Commissioner give such public and early notices of the time and places of his settling and the districts within which he settles accounts, that as well the public officers as the private individuals interested may have an opportunity to attend.
That there be a monthly calculation of interest at 6 per cent per annum to be allowed on all sums charged by or against the United States until the first day of Janry next; and that the whole amount thereof as well principal as interest be considered as so much paid by the individual or United States. That all sums due to individuals be provided for and paid by the State.
Provided always that notwithstanding anything herein before contained, the resolutions of the 25th of Febry, 18th of March, 26th of Augt and 6th of Novr 1780, and 8th of Jany and 16th of March 1781
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be complied with, and that such of the said requisitions as are for money be payable by the Bills to have been issued according to those resolutions or in specie.
And it is further ordained that the proportions to be fixed as aforesaid shall be the final standard to apportion all expences which may have been incurred before the said first day of Jan(y) next, excepting the funded debt of the United States. And that where any of the Stales have exceeded their proportions, a deduction shall be made in the future annual proportions of those States and such deductions shall be made up by like additions to the future annual proportions of the deficient States, until the whole shall have been finally liquidated and adjusted, until which time interest shall be charged and credited at 6 per cent on the respective balances.1
[Note 1: 1 This report, in the writing of Joseph Jones, is in the Papers of the Continental Congress, No. 26, folio 335. The indorsement shows that it was on the second reading committed to a grand committee, consisting of Mr. [Samuel] Livermore, Mr. [Samuel] Osgood, Mr. [William] Ellery, Mr. [Richard] Law, Mr. [William] Floyd, Mr. [Abraham] Clark, Mr. [George] Clymer, Mr. [Daniel] Carroll, Mr. J[oseph] Jones, Mr. [Benjamin] Hawkins, Mr. [Nicholas] Eveleigh, Mr. [Edward] Telfair. See post January 11, 16, and February 20.
The report of the Superintendent of Finance, unsigned, is in No. 137, I, folio 241. According to Committee Book No. 186, it was, on December 11, 1781, referred to Mr. J[oseph] Jones, Mr. [Ezekiel] Cornell, Mr. [George] Clymer, Mr. [Samuel] Osgood and Mr. [John] Mathews. It is as follows:
Office of Finance, 10 Decr. 1781.
Sir
Upon a reference made by the act of the United States in Congress assembled of the Twenty-third of November last, the subscriber has the honor to observe,
That the memorial from the State of New Jersey while it points out the laudable exertions of the inhabitants of that State, and the injury they sustain by being holders of Certificates from the Commissaries and Quarter Masters, contains a just picture of many if not of all the States, and therefore the request which concludes their memorial, that some measures may be adopted adequate to the urgency and importance of the occasion deserves the most serious attention, as well from the nature of that request as from the respect which is due to those by whom it is made.
That the act of the twelfth of June 1780, referred to by the said memorial in terms of approbation, directs the appointment of extra chambers of accounts to go from place to place for the liquidation of accounts and empowers the Treasury Board to call on the executives of the States to appoint a temporary Commissioner to be joined by a Commissioner to be appointed by the Board, wherefore the plan contained in the said resolution (altho' founded in principles of Equity) cannot now be executed, besides that it would be attended with very considerable delay and expence.
That the suggestion contained in the said memorial of the propriety of adjusting the accounts by the several Legislatures upon principles to be established by Congress, seems to proceed upon the true idea, that the Liquidation of all past transactions, should be by the mutual consent of the several States individually, and of the United States.
That the full and final settlement of all the public accounts is an object of the greatest importance, as the want of it is already much felt, and will daily produce additional evils and inconveniencies. Wherefore the same should be done as speedily as in any wise consistent with those Principles of Oeconomy which our situation renders indispensible.
That the settlement of the several accounts and certificates referred to in the memorial and resolution before mentioned appears to be intimately connected with the State accounts, wherefore a settlement of those accounts also must go along with the others
That it appears to be impracticable so to mark out any particular rules for the adjustment of these accounts as will be both efficatious and just. Wherefore the plan must be founded in general principles of equity, and ought in each particular instance to receive the assent of the State particularly concerned in it.
That the report of the committee made on the seventeenth of May last, and which forms a part of the reference aforesaid proposes that the States appoint Commissioners not exceeding two in each County with full power to liquidate all claims against the United States, which appears to be exceptionable, because such a number of persons will not only occasion great expence, but also introduce much variety and consequent confusion, and by the uncertainty as to the boundaries of Counties give room for deception by borderers in having the same accounts twice passed, and because the men who are generally to be found in distant Counties are seldom competent to the settlement of intricate accounts, a business which requires much skill, habit and attention, besides that among so great a number many will doubtless be corruptable. To which objection may be added, that the preference of local to general interests, is much to be apprehended.
That the said report also proposes, that a scale of depreciation should be fixed by the States which appears to be exceptionable because there is a danger that many of the States would estimate the value of money more highly than it ought to be, and there is a certainty that such scales would vary from each other, and consequently give occasion to heart-burnings and complaints.
That the said report also proposes that the value of articles shall not exceed that mentioned in the Proviso to the Act of the twenty-sixth of August 1780, except for imported articles, which standard is much too high if the articles are to be valued in specie.
That the said Report also proposes the issuing of small Certificates, bearing interest for the amount of the ballances due, which would be a new emission of Paper money, and probably would depreciate.
That it also proposes that such new Certificates should be receivable in Continental Taxes, which would so anticipate the public revenues, as to defeat all future operations.
The subscriber begs leave further to observe, that so little attention has hitherto been paid to the requisitions of Congress, that it is absolutely necessary to determine as soon as may be the proportion of all past expenditures. He therefore proposes the following Act:
By the United States in Congress assembled.
Whereas, it is necessary finally to determine the proportion of the several States in carrying on the War from the commencement thereof until the first day of January next, and to settle and adjust the accounts of the said States, with the United States, and to liquidate the certificates given by public officers to the inhabitants of the several States;
Be it therefore enacted by the United States in Congress assembled, and it is hereby enacted by the authority of the same.
That the several States do each send one representative to the City of Philadelphia so as to meet together on the first Tuesday in the month of May next, then and there finally to determine by the Major Voice, the proportion to be paid by each State of the expence which has accrued during the present War from the commencement thereof until the first day of January next, excepting such part thereof as now is, or may hereafter become a funded debt of the United States.
That a Commissioner for each State be appointed as follows. That he be nominated by the Superintendant of the Finances of the United States, and approved of by the Legislature of the particular State for which he shall have been nominated.
That the salary of the said Commissioner be fifty dollars per month, and that he appoint his necessary Clerks with salaries of twenty Dollars per month, each, and that he be allowed his and their necessary traveling charges and office expences.
That the said Commissioner so appointed have full power and authority finally to settle in such manner and form as by the Comptroller of the Treasury shall be directed the accounts between the State for which he shall have been appointed and the United States, and also all demands upon the United States within the said State for supplies furnished, services performed, and contingent expences thereon according to the principles of equity and good conscience.
That the monies paid by the United States, or by the State, be estimated according to the Table of depreciation framed on the twenty-ninth day of July 1780, in consequence of the resolution of the twenty-eighth of June preceding.
That the value of all articles delivered to and services performed for the United States be estimated at the real Specie value of such articles and services at the time and place when and where the same were performed or delivered, and that the services and articles be so ascertained as to be charged to the proper public officers.
That the said Auditor give such public and early notices of the time and places of his sitting, and the Districts within which he settles accounts, that as well the public officers as the private individuals interested may have an opportunity to attend.
That interest on all the ballances due from the United States be allowed at six per cent until the first day of January next, and the whole amount thereof be considered as so much paid by the individual State to the United States, and that such sums as may be due to individuals be provided for and paid by the State.
Provided always that notwithstanding anything herein before contained the resolutions of the 18th of March, 1780, be complied with, together with all subsequent requisitions for money and specific supplies and that such of the said requisitions as are for money he payable by the Bills to have been issued according to these resolutions erin specie.
And it is further enacted that the proportions so to be fixed as aforesaid shall be the final standard to apportion all the expences which may have been incurred before the said first day of January next excepting the funded Debt of the United States, and that where any of the States have exceeded their proportions, a deduction shall be made in the future annual proportions of those States, and such deductions shall be made up by like additions to the future annual proportions of the deficient States until the whole shall have been finally liquidated and adjusted, until which time interest shall be charged, and credited at six per cent on the respective balances.]
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Ordered, That Friday next be assigned for the second reading.
On a report of the Secretary at War, on a resolution of the legislature of New Hampshire, of the 29 November last, and a petition of Captain Ebenezer Greene:
On a resolve of the State of New Hampshire and the petition of Captain Green referred, the following resolve is submitted to the consideration of Congress, as it cannot be ascertained here what length of time Captain Green was detained by the Enemy, or how much he was circumscribed in business while at home.
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Resolved, That it be, and is hereby recommended to the State of New Hampshire, to settle with and pay Captain Ebenezer Greene, and make him such allowances for his services and sufferings, as shall appear to them to be his just
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due, but not to exceed his full pay as a captain, for so long time as they may judge proper, not exceeding the time of his release, and charge the same to the United States.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 89.]
A report of a committee, consisting of Mr. [Edmund] Randolph, Mr. [Roger] Sherman and Mr. [George] Clymer, to whom was referred a plan of a convention between his Most Christian Majesty and the United States, for regulating the powers and duties of consuls and vice consuls, was agreed to by nine states.
Resolved, That the minister plenipotentiary of the United States at the Court of Versailles be authorised and instructed to enter into a convention with his Most Christian Majesty, on the part of the United States, for the establishment of consular powers and privileges, according to the scheme hereto subjoined.2
[Note 2: 2 This resolution, the convention in regard to consuls, and the two resolutions following it, were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. It is in the printed Secret Journal under date of January 2.]
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ARTICLE I.
It shall be the duty of the consuls of his Most Christian Majesty to present their commissions in the first instance to the United States in Congress assembled, by whom an act shall be made recognizing them as such. This act shall be delivered by the consuls to the supreme executive power of the state or states to which they may be sent. Two copies of the exequatur, that is, a publick notification of the quality of the consuls, shall thereupon issue from the supreme executive power, without any fees or perquisites of office, one to be retained by the consuls, the other to be published in one or more gazettes. This being done, the pre-eminences, authority and privileges stipulated in this convention shall be allowed to them, in all places, before all tribunals, and by all persons.
ARTICLE II.
The consuls of his Most Christian Majesty may appoint any number of vice consuls within their department. Upon the the notification of their appointment by the consuls, to the supreme executive power of the state to which they may be sent, the exequatur shall be applied for and delivered by the several states to them in the same manner as to consuls; and thereupon the pre-eminences, authority and privileges, stipulated in this convention in favour of vice consuls, shall be allowed in all places, before all tribunals, and by all persons.
ARTICLE III.
Consuls and vice consuls shall be subjects or citizens of the power appointing them, and interdicted from all traffick or commerce for their own or another's benefit.
ARTICLE IV.
Consuls may also appoint any number of agents within their department, who may be of their own nation, or not, at pleasure. They shall receive a commission from the consul appointing. They shall not assume any preeminence, authority or privilege herein granted to consuls or vice consuls, nor exact any fees or reward, under any pretence whatever. But they shall confine themselves wholly to the assisting of merchants, mariners and vessels, and giving information respecting them to the nearest consul or vice consul.
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ARTICLE V.
Besides consuls, vice consuls and agents, there may be attached to the consulate, at the will of the consuls within their departments, any number of persons. Neither the papers nor houses of consuls or vice consuls shall be searched. Consuls and vice consuls shall enjoy full and entire immunities for their persons, and be exempt from personal service, publick offices, finding quarters for soldiers, militia duty, watch, ward, guardianship, attorneyship, committeeship and from all duties, taxes and imposts whatsoever on moveable property, but shall be liable in respect of real and landed property, in the same manner as the subjects or citizens of the country. The arms of his Most Christian Majesty, or of the United States, as the case may be, shall be placed upon the outward door of their house; and being so placed, shah entitle the house to the exemptions aforesaid: but no asylum shall be thereby obtained for malefactors or criminals, who shall be delivered up immediately on demand. The same privileges and immunities, as those granted in this fifth article to consuls and vice consuls, shall be granted to persons attached to the consulate, and living under the same roof with the consuls or vice consuls; provided approbation shall be given of their number and appointment by the supreme executive power of the state to which they may belong.
ARTICLE VI.
Consuls, and vice consuls in places where there are no consuls, may have a chapel in their houses for the celebration of divine service according to their religious profession: and his Most Christian Majesty and the United States shall cause particular care to be taken that no obstacle or hindrance be thrown in the way of the funeral obsequies or ceremonies observed towards the deceased of either nation.
ARTICLE VII.
In all cases in which it may be necessary that the consuls or vice consuls should perform any juridical or official act, the publick bodies, or the persons in publick authority who shall require such act, shall either inform them thereof in writing, or send a military or civil officer with a verbal message respecting it; and the consuls or vice consuls shall, on their part, readily and bona fide do whatsoever may be demanded of them on these occasions.
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ARTICLE VIII.
The consuls and vice consuls respectively may establish a chancery as a depository of the consular acts and deliberations of effects left by the dead, or saved from shipwreck, of testaments, obligations, contracts, and all other acts and things done by or between people of their nation. They may appoint the officers of the chancery, administer to them an oath of office, intrust to them the keeping of the seal and the right of affixing the same to commissions, judgments and other consular acts, and empower them to discharge the functions of notaries and registers.
ARTICLE IX.
The consuls and vice consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels of their nation, all the declarations and other acts which the captains, masters, seamen, passengers and merchants of their nation shall think proper to make or lodge therein: and last wills and testaments, and copies of any act duly authenticated by the consuls or vice consuls, and under the seal of their consulate, shall receive full faith and credit in all courts of justice, as well in France as in the United States. They shall also have the exclusive right of inventorying the effects of those of their nation who may die within their consulate, liquidating their accounts, and selling their moveable property. They shall call to their assistance in this business two merchants of their own nation, and of their own choice; and cause to be deposited in the chancery the effects and papers of the deceased of their own nation, without being interrupted therein by any officer, military, judiciary, or of the police. But neither the consuls nor vice consuls shall deliver the effects of the deceased, or the produce of their sales, over to to the heir or lawful successor, or his representative or attorney, until all the debts which the deceased shall have contracted by judgment, act or bill, shall be discharged, the signature or hand writing, and genuineness thereof, being first certified by two merchants of the same nation with the deceased, and of reputation. In all other cases, payment of no debt shall be made, unless the creditor shall first enter into a bond, with one sufficient security at least, who is resident on the spot, for the return of all moneys unduly received, as well the principal as interest and costs. The security shall not be bound beyond one year in time
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of peace, and two years in time of war. If, however, within those terms, the creditor shall call upon the lawful representative or successor to the property of the deceased, by a proper legal process, and prove his title to the money so received, the security shall stand discharged.
ARTICLE X.
The consuls and vice consuls. respectively, shall receive the declarations, consulats or other consular acts, of all captains and masters of their respective nations, for damages received at sea by leakage or the throwing of goods overboard; and all consulats or other consular acts, made by them in foreign ports for accidents during the voyage, shall be lodged in the chancery aforesaid. If a subject of France and a citizen of the United States be jointly interested in the cargo, the damage shall be settled by the tribunals of the country, not by the consuls or vice consuls. But where subjects or citizens of their own nation are alone interested, the consul or vice consul shall then choose experienced persons of their respective nations to settle the same.
ARTICLE XI.
In every case of a wreck, the nearest consul or vice consul may exercise his discretion in saving the vessel wrecked, with her cargo and appurtenances, and in storing and securing what is saved; and may also take an inventory thereof. In this business no officers of the customs, of justice, of the police, or naval officer shah interfere, but upon application made to them for their assistance, in which case they shall exert themselves in the most effectual manner. To prevent all clashing of Jurisdictions in case of shipwreck, it is agreed, that where there shall be no consul or vice consul, or they may be more distant from the place of the accident than a judge of the country having authority in such cases, this judge shall immediately proceed to the exercise of his authority according to law; but shall retire upon the coming of a consul or vice consul, into whose hands he shall put the whole business, rendering an account of his transactions, and receiving from the consul or vice consul reimbursement for all expences. Whatsoever is saved shall be lodged in the nearest customhouse or naval office, or where there is no customhouse or naval office, in the nearest place of security, with an inventory prepared by the consul, vice consul, or in their absence, by the judge of the
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country as aforesaid. Upon the order of the nearest consul or vice consul, and without any fees or perquisites for storage when lodged in publick stores, the owner may reclaim the property so saved, in person or by attorney; and may either re-export the same free from all duties of exportation, or sell it in the country, if goods of such a quality be not prohibited. In this latter case, of a sale of unprohibited goods, there shall be an abatement of the duties on importation, in proportion to the damages sustained by the shipwreck, to be determined by the account taken by the consul, vice consul, or judge of the country, or any other competent officer at the time of the accident.
ARTICLE XlI.
The consuls and vice consuls shall have, on board of the vessels of their respective nations, all power and jurisdiction in matters of a civil nature. They shall have the exclusive inspection of the said vessels and their crews and power of causing the laws, regulations, and ordinances of their respective nations, respecting navigation, to be observed on board their said vessels. For this purpose they shall freely, and without molestation or hindrance from any officer or other person, visit the said vessel. They may cause to be arrested and sequestered every vessel carrying the flag of their respective nations, and even send them back to France, or the United States, as the case may be, as well as arrest any captain, master, seaman or passenger of their respective nations. They may cause to be arrested and detained in the country, sailors and deserters and vagabonds, of their respective nations, or cause them to be transported therefrom. It shall be sufficient evidence of the sailors and deserters belonging to their respective nations, if their names appear in the registers of the vessels, or the roll of their crew. Proof being thus made concerning sailors and deserters and in some other satisfactory manner concerning vagabonds, all tribunals, judges and officers whatsoever shall be interdicted and disabled from taking cognizance in any manner of complaints exhibited by such sailors or deserters or vagabonds; but they shall be delivered up to an order signed by the consuls or vice consuls, without being detained, engaged, or withdrawn in any manner. That these powers, vested in consuls and vice consuls, may be completely executed, all persons in authority shall assist them; and upon a simple requisition made by the consuls or vice consuls in writing, shall
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cause to be kept in prison, at the disposal and cost of the consuls and vice consuls, the sailors and deserters so arrested, until an opportunity shall be presented of sending them out of the country.
His Most Christian Majesty will decree that no citizen of the United States shall become a subject of France without his special permission and that of the state to which he may belong; Negatived and that the United States in Congress assembled will take every effectual method in their power for preventing a subject of His Most Christian Majesty from becoming a citizen of the United States without his special permission.
ARTICLE XIII.
All offences committed in France, by a citizen of the United States against a subject of his Most Christian Majesty, shall be inquired into and punished according to the laws of France; and those committed in any one of the United States, by a subject of his Most Christian Majesty against a citizen of the United States, shall be inquired into and punished according go the laws of such state. But offences committed in France, by a citizen of the United States against a citizen of the United States, or committed in any one of the United States, by a subject of his Most Christian Majesty against a subject of his Most Christian Majesty, shall be subject to the jurisdictions of the consuls of France, or of the United States, as the case may be.
ARTICLE XIV.
All differences and disputes between the subjects of his Most Christian Majesty in the United States, or between the citizens of the United States in France, and all differences and disputes, concerning commerce, between the subjects of his Most Christian Majesty, one party being resident in France or elsewhere, and another in the United States, or between the citizens of the United States, one party being resident in the United States or elsewhere, and another in France, shall be heard, tried, and decided on, by the consuls of their respective nations, either by referring the same to arbitrators, or by making a decree summarily and without costs. No officer, civil or military, shall intermeddle or interpose herein in any respect. Appeals shall be carried to such courts as may be appointed by his Most Christian Majesty and the United States, respectively. No disputes or differences between a subject of his Most Christian Majesty and a citizen
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of the United States shall be determined or taken up in any manner by the consuls or vice consuls, but shall be decided by the courts of the country in which the defendant shall be found, [but according to the laws of the country in which such dispute or difference shall have originated.]1
[Note 1: 1 The words in brackets are crossed out in the transcript of the committee's report.]
ARTICLE XV.
The advantages to commerce having caused the erection of certain tribunals in France, and particular forms for the speedy determination of commercial matters, the merchants of the United States shall enjoy the benefits of those establishments in France; and the United States in Congress assembled will recommend to the legislatures of the several states to establish equal advantages in the speedy decision of causes in favour of the French merchants in matters of the same nature.
ARTICLE XVI.
The subjects of his Most Christian Majesty and the citizens of the United States shall be exempt from all personal services in the place of their residence, either in France or the United States, as the case may be.
A certificate of the consul, vice or consular agent of their respective nations, and of the district in which they reside, containing Recommitted the names, surnames, the place of their residence, and the date of their having been registered in the books of the consulate, shall always be considered sufficient evidence of their being subjects of his Most Christian Majesty or citizens of the United States.
ARTICLE XVII.
Conformably to the eleventh article third and fourth articles of the treaty of commerce between his most Christian Majesty and the United States, if any other nation, by virtue of any convention whatsoever, shall receive greater indulgence, either in France or in the United States, with regard to consular powers, privileges, or authority, the consuls, vice consuls and agents of France and of the United States, as the case may be, shall participate therein.
Resolved, That the said minister plenipotentiary of the United States use his discretion as to the words or arrangement of this convention, confining himself to the matter thereof in all respects,
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except as to so much of the sixth article as relates to the erection of a chapel; taking care that reciprocal provisions be made for the recognition of consuls, vice consuls and consular agents of the United States, and for the admission of persons attached to the consulate to the privileges stipulated in the fifth article, in a manner most conducive to expedition and freest from difficulty.
Resolved, That it be recommended to the several legislatures to provide by law so far as they can against emigrants from the dominions of his Most Christian Majesty becoming citizens of the United States, for the establishment of a speedy mode of administering justice between subjects of his Most Christian Majesty and citizens of the United States, and for vesting persons in the neighbourhood of the seacoast with powers to secure shipwrecked property in the most effectual manner.
Resolved, That the Secretary of foreign affairs inform the Honorable Minister Plenipotentiary of France that Congress have Postponed instructed the Minister Plenipotentiary of the U.S. at the Court of Versailles to enter into a convention with his Most Christian Majesty on their part touching consular powers, privileges and authority, taking for the basis of the negotiation the plan of a Convention, proposed in his memorial of the 28th day of July last, and have recommended to the several legislatures, to provide by law as far as they can against emigrants from the dominions of his Most Christian Majesty becoming Citizens of the U. States, for the establishment of an expeditious mode of administering justice, between subjects of his Most Christian Majesty and Citizens of the U.S. and to vest persons in the neighborhood of the Sea coast with power to secure shipwrecked property in the most effectual manner.1
[Note 1: 1 For the plan of the consular convention submitted by the French minister see ante, vol. XXI, p. 792 et seq. On the plan the following report, in the writing of Edmund Randolph, was made:
The Committee to whom were referred for consideration the proposals made on the part of his Most Christian Majesty to the United States in Congress assembled touching the establishment of Consuls, beg leave to Report,
That in every article perfect reciprocity is tendered, and their objections to such parts of the plan as are inadmissible, will be chiefly grounded on the ambiguity of terms and a repugnance to the spirit and genius of America.]
- Article the First.
Respects the Recognition of Consuls in the Countries to which they are sent, and is admissible in all points except that the word "droit" is of indefinite signification and deserves restriction, lest Consuls should be exempted thro' its extensive meaning from all imposts and taxes whatsoever.
- Article the Second.
Authorizes the appointment of Vice Consuls and requires a recognition of their office, similar to the preceding and is admissible.
- Article the Third.
Confines the offices of the Consulate and vice Consulate to Natives of the Power appointing, and excludes the holders of these offices from Commerce; and is admissible.
- Article the Fourth.
With propriety licenses the appointment of agents in aid of the Consulate, but leaves uncertain what degree of authority is to be attributed to them, in derogation of municipal law.
- Article the Fifth.
So far as it relates to the immunities claimed for the persons papers and houses of Consuls and vice Consuls is admissible; but the persons to be attached to the Consular functions ought to be particularly enumerated. Exemption from certain imposts, but not from all imposts is admissible and therefore a fuller explanation is necessary.
- Article the Sixth.
Stipulates with reason for the freedom of funeral obsequies.
- Article the Seventh.
Also requires explanation. If no more be designed than that some officer of the Country should transmit to the Consuls or Vice Consuls notice of cases occurring within their jurisdiction, it is perhaps admissible.
- Article the Eighth.
Gives power to establish a Chancery for the purpose of preserving the Consular acts and decisions testaments obligations contracts, and in general every thing which respects the people of the nation, to which the Consuls may belong, without such power the Consulate would be incompetent to the protection, necessary to be afforded to his Nation.
- Article the Ninth.
Is in part a consequence of the eighth, for the establishment of a Chancery necessarily implies that faith shall be given to acts authenticated under its Seal,--and testamentary cognizance, the right of inventorying and appraising the effects of the deceased. If however a Frenchman and American should be copartners in trade, and one of them happen to die, perhaps this testamentary cognizance of the Consul should be restricted to the proportion belonging to the deceased alone, if the property held in copartnership be divisible without injury to its value. It is certainly just that the debts of the deceased should be paid before delivery be made to his heirs.
- Article the Tenth.
Relates to maritime protests and damages at sea authorizing the Consuls and Vice Consuls taking experienced persons of their own nation and strangers to settle these damages where a stranger is interested. The spirit of the people of America requires a more explicit declaration, in what manner, with what proportion of Americans and by what rules such contests shall be decided.
- Article the Eleventh.
Provides for the exercise of humanity and friendship to such as suffer by shipwreck, and is admissible throughout.
- Article the Twelfth.
Grants complete jurisdiction to the Consuls and Vice Consuls in discussions arising on board of the vessels of their nation, authorizes them to visit such vessels at pleasure to arrest and sequester them, to send them home, to arrest masters, seamen and passengers, to reclaim their sailors, and to call upon the officers of the Country for aid. These regulations are considered as admissible, since the greater part of them flow from the stipulations in the treaty of amity and commerce in restraint of emigrations.
- Article the Thirteenth.
By implication vests the Consulate with some degree of criminal jurisdiction. Its extent ought to be defined as an improper interference with the usages of America; might excite great jealousy. It is thought best that in no crime by which an inhabitant of the country shall be injured, the offender shall be withdrawn from the law of that country. But if any exception is to take place the terms "punition exemplaire," or in English exemplary punishment ought to be explained.
- Article the Fourteenth.
Excludes the tribunals of the country from jurisdiction in civil disputes between those of the same nation. This is admissible throughout. If the just construction of the treaty of amity and commerce incapacitates a French or American "trader" from expatriating himself. If it does not, then the same provision should be made in favor of a trader who shall become a citizen of America, as of a trader who is already so.
- Article the Fifteenth.
Proposes the establishment of tribunals for expediting commercial matters in America, similar to those which are erected in France. The particulars of these tribunals not being notified, no opinion can be given on their propriety.
- Article the Sixteenth.
Interdicts a Frenchman to become an American Citizen and vice versa, and claims an exemption for him from personal service and taxes on labour. If such be the language of the Treaty of Amity and Commerce, this article is admissible. If not there does not appear the same expediency in debarring a trader or other subject of France, who may come over unconnected with the navigation of any vessel, with a view of residing in America, from the rights of Citizenship, as in permitting those who belong to a vessel to be reclaimed. But howsoever this may be, it cannot be determined from what personal services or taxes he ought to be exempt without knowing from what services and taxes he is urged to be exempt.
- Article the Seventeenth.
Recommends nothing more, than that agreeably to the Treaty of Amity and Commerce every consular privilege which may be at any time ceded to other nations, shall of right belong to the Consuls of France or America as the case may be. This is admissible.
- Article the Eighteenth and last.
Speaks of the ratification of the Convention. which ought to be delivered and exchanged as soon as possible.
Your Committee beg leave to add that altho' the matter of the proposals be agreed to by Congress it will be necessary that the Convention should be in a stile and order better suited to the comprehension of the Citizens of America; that some additions seem requisite even now and perhaps many more may appear so upon an interview with the Deputies of the Court of France, and after an explanation of the doubtful parts, and that no proper grounds can be afforded for the judgement of Congress until a more accurate state of the business can be prepared.
Resolved therefore, That a Committee be appointed to confer with the Minister of the Court of France upon the proposals for the establishment of Consular Power and report to Congress the precise explanation which shall be given of them, as well as a plan of a Convention adapted to the subject and to the circumstances of America.
This report, undated and without indorsement is in the Papers of the Continental Congress, No. 25, II, folio 45.
The first report of the Committee was delivered, the indorsement states, August 28, 1781, and on October 15, 1781, it was recommitted to Mr. [Edmund] Randolph, Mr. [Roger] Sherman, Mr. [George] Clymer. It is in the writing of Edmund Randolph and is in No. 25, II, folios 33--44. With the alterations made after recommitment it became the report, in the writing of Edmund Randolph, submitted January 9, 1782. It is not possible to tell what alterations were made before and after recommitment. A copy of the report by a clerk is on folio 49. This was the copy submitted to Congress.
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Ordered, That the committee who brought in the report, communicate the same as agreed to, to the honorable the minister plenipotentiary of France.a
[Note a: a This order was also entered in manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4.]
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A motion was made by Mr. [Edmund] Randolph, seconded by Mr. [Samuel] Osgood.
That in consideration of the eminent services of Brigadier General Knox, commanding officer of the artillery of the United States; and particularly of his meritorious conduct
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in the siege of York, in the State of Virginia, he be promoted to the rank of major general, and take rank from the fifteenth day of November last.
That all promotions from the rank of brigadier general to major general, be according to the established rules of the promotion of colonels to the rank of brigadiers general.
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On the question to agree to this, the yeas and nays being required by Mr. [Arthur] Middleton,
{table}
So the motion was lost.
[Report of the Committee of the Week, Mr. Benjamin Hawkins, Mr. Jonathan Elmer, Mr. Samuel Osgood]
The Committee of the Week Report,
That the memorial of Francis Cazeau late of Montreal, requesting pay for the supplies he furnished our Troops while in Canada and for the services done and losses sustained in consequence of his Attachment to the Interests of the United States, be referred to a special Committee.
That the Memorial of Capt. Philip Leibert with the vouchers inclosed be referred to the Superintendant of Finance.
That the Letter of Thos. Edison to the President of Congress be read in Congress.1
[Note 1: 1 This report, in the writing of Jonathan Elmer, is in the Papers of the Continental Congress, No. 32, folio 305. The indorsement indicates that it was considered this day.]
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