| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, JULY 17, 1782
The ordinance more effectually to prevent illicit trade with the enemy, was read a third time and passed as follows:
AN ORDINANCE MORE EFFECTUALLY TO PREVENT ILLICIT TRADE WITH THE ENEMY.
Whereas a traitorous pernicious commerce is carried on by some of the inhabitants of these United States with the enemy, by means of collusive captures on the water; for remedy thereof,
Page 393 | Page image
Be it ordained by the United States in Congress assembled, and it is hereby ordained by the authority of the same, that whenever such collusion shall appear in evidence on the trial of any capture, the vessel and her cargo shall be adjudged and condemned as lawful prize, to the use of these United States the State in which such trial shall be had, except in such case wherein any person or persons shall, before sentence or judgment given, interpose his or their answer and claim, charging the capture to have been collusively made, and shall support such answer and claim by sufficient proof; in which case the property captured shall be sentenced and adjudged as lawful prize, one moiety thereof to the use and behoof of such claimant or claimants, and the other moiety thereof to the use and behoof of these United States the State into which the prize shall be carried for condemnation; provided always, that in every cause of prize, wherein no such answer and claim shall be interposed, or being interposed shall not be supported by sufficient proof, if the court shall, in their opinion, have cause to suspect the capture to have been collusive, it shall demand of the captors sufficient proof that the same was bona fide, and not collusively made, and on failure of such proof to the satisfaction of the court, such capture shall be deemed collusive, and the property so captured shall be adjudged and condemned as lawful prize, to the use and behoof of these United States such State as aforesaid.
Provided nevertheless that nothing herein contained shall be understood to contravene the municipal laws of any State, relative to such collusive captures.
Done ∥by the United States in Congress assembled,∥ &c.1
[Note 1: 1 The ordinance, in this writing of John Morin Scott, is in the Papers of the Continental Congress, No. 59, III, folio 427. The committee was composed of Mr. John Morin Scott, Mr. Arthur Lee and Mr. Abraham Clark.
The proceedings for the rest of this day 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.]
The committee, consisting of Mr. [James] Madison, Mr. [James] Duane and Mr. [George] Clymer, appointed to revise the instructions given to Mr. J. Adams, relative to a treaty of commerce with the United Provinces of the Netherlands, having submitted the following remarks and resolutions, viz.
Page 394 | Page image
"They observe, that in the treaty between the United States and his Most Christian 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 favour of such persons as to them shall seem good; and their heirs, wheresoever residing, may succeed them ab intestat without being obliged to obtain letters of naturalization.
"That the second article of the proposed treaty between the United States and the United Provinces, with which the minister plenipotentiary of the former is charged, contains a general stipulation to the subjects of the parties that they shall enjoy mutually the same commercial exemptions and privileges as are or may be allowed to the most favoured nations; under which general stipulation, claims and expectations may be excited in the subjects of the United Provinces of an entire equality under the laws of the United States with the subjects of his Most Christian Majesty.
"That the sixth article of the said proposed treaty proceeds farther, and expressly stipulates, that the subjects of the parties may, by will or otherwise, dispose of, to such persons as to them may seem good, the effects, moneys, debts or goods immoveable, as well as moveable which they have, or ought to have within the dominions of either of the parties; and their heirs, although not naturalized, shall freely and quietly 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 inheritances of persons dying intestate, must be proved according to the law in those places where such person may happen to die, any law, statute, custom or right whatsoever notwithstanding.
Page 395 | Page image
"That in the opinion of the committee, it is not altogether clear that the stipulation of the right above stated to the subjects of his Most Christian Majesty does not encroach on the rights reserved by the federal articles to the individual states; and very clear that an extension of it to the subjects of other powers than of Spain will be chargeable with such encroachment.
"That without enquiring into the inequality of this stipulation, as it will probably be exercised by the citizens of the United States and the subjects of the United Provinces, or into the inconveniences which may result from an indefinite license to aliens to possess real property within the United States, the committee infer from the repugnance shown by some of the states to such an indulgence to the subjects of France, notwithstanding the special clause in the federal articles relative to that country, and our peculiar relation to it, that the compliance of the states with a like engagement to another power will be extremely precarious.
"That in order to avoid these difficulties and consequences it appears to the committee expedient to resolve as follows, viz.
"That the minister plenipotentiary for negotiating a treaty of amity and commerce with the United Provinces of the low countries be and he hereby is instructed so to vary the tenor of the second and sixth articles in the plan of treaty transmitted to him, as to exclude all right or pretext in the subjects of either of the contracting parties to acquire or hold within the dominions of the other party any real estate, or estate of inheritance, whatsoever; and to be careful not to admit into other parts of the said treaty any terms or expressions from which such right or pretext may be inferred; provided, that the said minister plenipotentiary be at liberty to depart from this instruction in case he shall have taken
Page 396 | Page image
steps towards a conclusion of a treaty with the United Provinces which, in his opinion, are inconsistent therewith."
On the question to agree to the resolution, the yeas and nays being required by Mr. [James] Madison--
{table}
So it passed in the negative.1
[Note 1: 1 This report, in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, II, folio 121. The vote, as recorded by Charles Thomson on the report, and in Secret Journal No. 4, has been followed here.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |