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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 --TUESDAY, JANUARY 22, 1782
Mr. [Samuel] Livermore, a delegate for the State of New Hampshire, attended, and produced credentials of his appointment, dated 29 December, 1781, empowering him to represent that State until the first day of November next.
State of New HampshireIn the House of Representatives Decr 29th 1781
Voted that the Henble Samuel Livermore Esq be, and is hereby appointed a Delegate to represent this State in the Continental Congress untill the first day of November next unless sooner relieved or recalled by the General Assembly of this State, and that he have all the powers and priviledges which other Delegates from this State have heretofore had and enjoyed.
Sent up for Concurrence.
John Langdon Speaker
In Council the same day,
Read & Concurred.
Joseph Pearson Depty Secy
Copy Exad
by Joseph Pearson Depty Secy 2
[Note 2: 2 The original is in the Papers of the Continental Congress, New Hampshire, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]
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A committee, consisting of Mr. [Edmund] Randolph, Mr. [William] Ellery and Mr. [Richard] Law, to whom was referred a memorial of James Wilson, esq. in behalf of the owners of the ship Marquis de la Fayette, report,
"That it is inexpedient that Congress should interfere in the regulation of proceedings of the court of appeals in particular give relief to a suitor in the court of appeals, where the circumstance against which relief is prayed, has been occasioned by such suitor or his friend; that in the case of the ship Marquis de la Fayette, the neglect which is sought to be remedied, was owing to Mr. de Valnais, who undertook the management of the interest of its owners and crew: that similar relief would be denied to a citizen of the United States, from a consideration of the great mischief which would arise by excepting particular cases from general laws on such occasions:" Whereupon,
Resolved, That the memorialist be informed, that Congress are of opinion, that they ought not to give relief against the neglect of the agent for the ship Marquis de la Fayette.1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 19, VI, folio 567.]
On motion of the committee, appointed to communicate to the minister of France the plan of a convention respecting consular powers,
The Committee appointed to confer with the Minister Plenipotentiary of France on the subject of the Consular Convention, Report,
That the Minister suggested the amendments contained in the paper hereto annexed.[here read it.]
Whereupon your Committee have resolved that the said Convention be reconsidered so far as respects the several matters contained in the said paper.
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Your Committee have farther resolved,
1. To add after the word "Subjoined" in the first resolution these Passed words "Unless it shall be deemed by his Most Christian Majesty more expedient that the same should be executed in the United States."
2. To affix a preamble in the following words:
3. To insert in the second article after the word Passed "Majesty" the words "and of the United States"
4. To strike out at the beginning of the fifth article, the words "besides Consuls vice Consuls and agents."
5. To strike but the word "citizens" wheresoever Negatived it may occur in the Convention and insert "subjects."
6. To insert after the word "Consuls" in the 13th Passed article the Words "and Vice Consuls."
7. To insert in the 14th article, after the words Passed "Such Courts as" the words, "have been or";
Also to strike out from the word "found" to the Passed end of the article.
8. To add to the end of the 16th article the following words:1
[Note 1: 1 This report, in the writing of Edmund Randolph, is in the Papers of the Continental Congress, No. 25, II, folio 61.]
Resolved, That the said plan be re-considered for the purpose of admitting certain amendments.2
[Note 2: 2 This resolution on the consular convention was also entered in the manuscript Secret Journal, Foreign Affairs. It is in the printed Secret Journal under date of January 21.]
Resolved, That the ministers plenipotentiary for negociating a treaty of peace be instructed to endeavor to avoid a discussion of the common right of these United States to take fish in the North American seas and in particular on the Banks of Newfoundland unless they shall have good ground to believe that an explicit recognition of that right can be obtained and in that case they are instructed to contend [for an explicit acknowledgement of the common right of these United States to take fish in the North American seas and in particular on the banks of Newfoundland] with an earnestness becoming the importance of an object on which a great part of the United States absolutely
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depend not only for the foundation of their commerce but for the very means of their subsistance.
(That the said ministers be farther instructed to contend for the boundaries of the United States as described in the instructions given to Mr. John Adams on the 14 day of August, 1779, with equal earnestness,) and to represent to his Most Christian Majesty that although Congress having the highest confidence in his friendship have not made the fisheries either of the above mentioned objects an ultimatum, yet they have the most sanguine expectations that his Majesty's friendship and influence will obtain for his faithful allies stipulations in their favour by which the peaceable enjoyment of their common right to take fish in the American seas, and particularly on the Banks of Newfoundland and the boundaries of the United States as described in the instructions above referred to, may be secured to them.1
[Note 1: 1 This resolution on the subject of the fisheries was entered only in the More Secret Journal.]
(Resolved, That nothing contained in the preceding instruction shall be construed to affect any territorial dispute, at any time subsisting between the United States and an individual state or between individual states.2)
[Note 2: 2 These resolutions are in the Papers of the Continental Congress, No. 25, II, folio 1. The part in brackets is in William Ellery's writing; that in parenthesis is in Edmund Randolph's writing; the rest is in the writing of George Partridge. A copy of that part of the second paragraph not in parenthesis, enciphered, is in No. 59, I, folio 155.]
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