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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 --[MONDAY. JULY 8, 1782.]
The Committee appointed to revise the instructions of Mr. Adams &c., recommend,
That the Minister Plenipo: at the Hague be instructed, in case no definitive steps shall have been taken by him in the proposed Treaty of amity and commerce with the U. Provinces, to engage them if possible, in an express stipulation to furnish annually to the U. States, a loan ofwith an interest not exceeding, the principal not to be demanded withinyears after the conclusion of the war,
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and the payment of the interest to be suspended during the war; or in case the U. Provinces shall refuse to stipulate such a loan, war the said Minister endeavor to obtain their engagement, to authorise and countenance a loan from their subjects and to guaranty if requisite the due payment of the interest and repayment of the Principal by the U. States.
That in case Definitive steps shall have been taken in the proposed Treaty, the said Minister Plenipo: be instructed still to represent to the U. Provinces the great advantages which would result as well to them as to the U. States from such pecuniary succours to the latter as would give stability to their finances, and energy to their measures against the common Enemy: and to use his utmost address to prevail on them either to grant directly the loan above mentioned, or to support by such responsibility which as may be necessary the applications made to individuals for that purpose, on the part of the U. States.
The Committee beg leave to observe that in the Treaty between the U.S. and M. C. Majesty, it is among other things stipulated that the subjects of the parties "may by testament, donation or otherwise dispose of their goods immoveable as well as moveable, in favor of such persons, as to them shall seem good, and the heirs of the respective subjects, wheresoever residing, may succeed them ab intestat without being obliged to obtain letters of naturalization:"
That the plan of the proposed Treaty between the U.S. and the U. P. with which the Minister Plenipo: of the former is furnished, extends this privilege to the subjects of the latter, under a general stipulation of the same privileges as are allowed to the most favor'd nation:
That as it is not probable that the U. P. have granted, or will grant this privilege even to the most favored nation, the said treaty if executed in its present form, will engage the U.S. in a concession which will not be reciprocal, and which if reciprocal, would not be equally beneficial to the parties:
That in the opinion of the Committee it is at least questionable whether the extension of this privilege to the subjects of other powers than of France and Spain will not encroach on the rights reserved by the federal articles to the individual states:
That without enquiring into the inconveniences which may result from an indefinite permission to aliens to hold and transmit real estates within this country the apparent reluctance of some of the States, notwithstanding the special clause in the federal articles with respect to France, and theft favorable disposition towards her, to
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pass the proper laws on this subject, renders their compliance in case of a similar engagement to another power, extremely precarious:
That in order to avoid these difficulties and consequences, the Committee recomend further:
That the sd. Minister Plenipo: be instructed in case no steps inconsistent therewith, shall have been taken, to decline stipulating to the subjects of the U. Provinces any right or privilege of holding any real estates within the U. States.1
[Note 1: 1 This report, in the writing of James Madison, is in the Madison Papers, Vol. 1. folio 48. It is indorsed by Charles Thomson: "8th, last part recommitted," The committee consisted of Mr. James Madison, Mr. James Duane, and Mr. George Clymer. According to Committee Book No. 186, they were appointed July 3, and delivered their report July 5. See post July 17.]
The Committee [Mr. Abraham Clark, Mr. David Howell, and Mr. Benjamin Huntington] to whom was referred the report of the Superintendant of finance beg leave to report:
That a commissioner be appointed to settle the Accounts of the Loan Officers in the several states, in like manner with those directed to be appointed by the Act of the 27th of February last, and that said commissioner be vested with like authority and entitled to a like reward for his services with those to be appointed by the said Act.
That upon obtaining full information of the particular services performed by the respective loan officers for which no allowance hath been made, Congress will provide such reasonable compensations for the same as from the nature and extent of the business, the claimants may appear to be justly entitled to.2
[Note 2: 2 This report was, as the indorsement shows, delivered June 21; read June 26; debated July 8, and "on the question six states were in the affirmative, three in the negative and one divided, and thus the report was lost." It was recommitted. It is in the writing of Abraham Clark, and is in the Papers of the Continental Congress, No. 29, folio 201.]
Ordered, That a petition of James Deane respecting his salary be referred to the Superintendent of Finance.
That a petition of John Jordan and others wounded and disabled in the action with the Seraphis for half pay be referred to the Superintendent of Finance as Agent of Marine.3
[Note 3: 3 These orders were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.
On this day, according so the indorsement, a remonstrance of the 8th from Blair McClenachan and others, proprietors of loan office certificates, was read and referred to the Superintendent of Finance. It is in the Papers of the Continental Congress, No. 43, folio 177--186. See post, August 5.
Also, a letter dated Bruxelles, April 11, 1781, from James Smith, enclosing a paper dated Oct. 25, 1780, "from an American at Bruxelles to his old acquaintances the John Bulls in England" etc. It is in No. 78, XXI, folios 165--257.]
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