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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, MAY 28, 1782
The Secretary for foreign affairs laid before Congress the following verbal communication made to Mr. Livingston:
The minister of his Most Christian Majesty has the honour to inform Mr. Livingston of several particulars relative to the negotiation that the Court of London appeared disposed to open in Europe. The first steps were taken under the former administration. This remark is essential, because it is possible that the new ministers may take others more decisive; or it is equally possible that they may entirely change the system, and continue the war still longer.
Emissaries have been sent to Paris, and to the Hague, to sound, on the one hand, Mr. John Adams, in the hope that his connexion with some independent members might facilitate an accommodation; and, on the other side, in the hope that very advantageous offers
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might seduce his Majesty, and engage him to make a separate peace to abandon his allies. The Chevalier de la Luzerne is not informed of the steps that have been taken at Madrid, or by the States General.
The proposition made secretly to France tended to a partial peace. It offered France the possession of their conquests in the West Indies, the suppression of an English commissary at Dunkirk, and advantages in the East Indies. These offers were certainly satisfactory to his Majesty; and he would have had no reason to reject them, if he had had no allies. But his engagements marked out another line of conduct. He replied, that how sincerely soever he was disposed to peace, he would commence no negotiations to this end without the participation of his allies. The emissary easily comprehended that this answer related as well to the United States as to Spain; and pretended that the condition was inadmissible; that England, in treating upon this foundation, would acknowledge the independence of her colonies, which made no part of her system. The minister of his Majesty replied, that their independence was considered by the king as an indispensable point, and that it made the basis of his system.
The English agent then demanded, if there were no means to avoid treating with us of the affairs of America. The Count de Vergennes replied by referring him to the answer given to the first overtures of pacification made by the mediators, and communicated to Mr. Livingston.
It should be observed, that whether England treats of the affairs of the United States with the Court of Versailles, or whether she opens a direct communication with the United States, she cannot avoid treating with the American negotiators sent by Congress. In
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either case she will be under the necessity of acknowledging that body.
The conduct of his Majesty on this occasion being strictly conformable to justice and his engagements his minister confines himself to a simple communication of it to Mr. Livingston. He confides also to him, that M. le Count de Vergennes, in declaring to the English agent that his Majesty could not listen to any negotiations of peace if the Court of London did not treat at the same time with his allies, added verbally, that the king did not attend to his own satisfaction till that of his allies was procured.
Besides this, the effects of these steps taken by the Court of London have been to engage France to pursue with redoubled vigour the measures that have given birth to these appearances of peace, but which would certainly not terminate in it, if England perceived that her enemies relaxed their efforts in any manner. It is above all things indispensable, that the United States should, in the course of this campaign, be in a situation to co-operate in vigorous enterprises, which may be formed. It appears that the design of the court of London, pointed out by the debates in parliament, is to reduce, by a defensive war, their operations upon this continent. The minister of his Most Christian Majesty has at present no information relative to the plans of the approaching campaign. But whatever they may be, it would be useful to be enabled to inform his Court that the United States will not adopt an inactivity which would be equivalent to the truce required. But that their design is to trouble the repose that the enemy wish to deliver themselves to, and that the operations, whether combined or seperately undertaken by the United States, will be pushed with activity during the ensuing campaign.
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As to the place of the negotiations, Congress knew in 1779, when they named a plenipotentiary, and in 1781, when they gave him three colleagues, that it could only be in Europe, and that this was the most effectual means of preventing delays and jealousy, and of maintaining the confidence and harmony which has so happily subsisted hitherto between the allies. It would be important that the minister of his Majesty could inform his Court, that Congress persists in these dispositions; and that in case commissaries offer to treat upon this continent, they should be referred to the ministers of the United States, who are provided with instructions on this subject in Europe; that the Court of London should address itself to them; and that it is impossible that the seat of negotiation should be in America. When these overtures were made to the Court of Versailles the agent made no mention of those that were to be made in America, or to the American ministers in Europe. It is obvious that the design of this conduct is to inspire reciprocal distrust; and the Chevalier de la Luzerne conceives it can in no way more effectually be prevented than by a full communication of every circumstance which shall relate to the pacification, and to the interests of the alliance which shall come to his knowledge.1
[Note 1: 1 Mr. Livingston's report of Luzerne's communication is printed in the Diplomatic Correspondence of the American Revolution (Wharton) V, 443.
To this point the proceedings for May 28 were entered only in the manuscript Secret Journal, Foreign Affairs. The resolutions following were entered in both the Secret and the Public Journal.]
On the report of a committee, consisting of Mr. [David] Ramsay, Mr. [James] Madison, Mr. [Abraham] Clark, to whom were referred a letter of 8th from the Superintendant of finance, and a letter from the Secretary for foreign affairs:
Resolved, That the minister plenipotentiary of the United States at the Court of Versailles, be instructed to take
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immediate measures for liquidating the accounts subsisting between the said states and the said Court, and report a state thereof to Congress.
Resolved, That a commissioner be appointed to liquidate and finally settle the accounts of all the servants of the United States, who have been entrusted with the expenditure of public monies in Europe.
That the Superintendent of Finance nominate to Congress a fit person for such appointment and that the person so appointed be allowed
That the salaries and allowances to which the public servants of the United States are or shall be entitled be in future paid by the Passed Superintendant of Finance out of the monies which shall from time to time be in his hands and that the said public servants be authorised to make quarterly draughts on him for that purpose.
That the salaries of a Minister Plenipotentiary from the United States be from and after the 1st day of January next Remainder postponed May 29. at the rate of 3000 Dollars per annum, and of a minister 2000 Dollars per annum [and to a Secretary to a Commission 1200 dollars per annum]1 but that an allowance be respectively made to them for household expences, in which shall be included those of the Secretaries to their embassies, and of their private Secretaries at the following rates, viz.
[Note 1: 1 The words in the brackets are in the draft, but not in the copies.]
That the Commission of Minister Plenipotentiary from the United States to the Court of Petersburgh granted to Francis Dana Esq. on theday ofunless he shall have been acknowledged in that quality, be and the same is hereby revoked, and that a Commission issue constituting him minister at the said Court, and that he be authorised, as soon as he shall be acknowledged in his public
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character to appoint a private Secretary, who shall be entitled to a salary of 500 Dollars per annum.
That the appointment of Mr Carmichael as Secretary to the Embassy to the Court of Madrid and his provisional appointment of Chargé d' affaires at the said Court be revoked, and that a Commission issue investing him with the like appointment at the Court of Versailles, and that Iris salary from and after his arrival at the said Court be at the rate of 2000 Dollars per annum.
That Mr Jay be authorised to appoint a private Secretary with a salary of 800 dollars per annum.
That Mr Laurens be authorised whenever he shall enter on his Mission to the United Provinces of the Low Countries, to appoint a private Secretary with a salary of 500 Dollars per annum.
That Mr Adams be authorised to appoint a private Secretary, who shall from and after the 1st day of Jany. next be entitled to a salary of 500 Dollars per annum.1
[Note 1: 1 This report in the writing of James Madison, is in the Papers of the Continental Congress, No. 25, II, folio 205. A fair cop is on folio 113, a duplicate being on folio 109. The indorsement shows it was considered May 23 and on August 28 referred to Mr. [James] Madison, Mr. [Arthur] Lee, and Mr. [James] Duane.]
[Motion of Mr William Ellery Seconded by Mr Theodorick Bland. Referred to Mr Theodorick Bland, Mr William Ellery, Mr Arthur Middleton.]
That the
be referred to the Superintendent of Finance and that he be directed to inform the Count de Vergennes that these United States do not hold themselves accountable for Contracts made by any particular State; and therefore cannot consent that stoppages should be made from Loans, subsidies or grants obtained in Europe on account of these United States for articles furnished on particular contract to any individual State.
That the Superintendant of Finance be directed to give information to the Count de Vergennes through the Chev. de la Luzerne and the Minister Plenipotentiary at the Court of Versailles. That the U.S. do not hold themselves accountable for contracts made by any particular State, and therefore request that stoppages may not be made &c. As such stoppages would greatly embarrass the U.S. under the present difficult situation of their Finances.2
[Note 2: 2 The first paragraph of the motion is in the writing of William Ellery. The second paragraph amended it into the form in which it went to the committee. The indorsement states that it was referred on this day. It is in the Papers of the Continental Congress, No. 25, II, folio 119. Committee Book No. 186 shows that on June 20, Mr. [John] Lowell was added to the committee. in the place of Ellery, and that a report was delivered June 27.]
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The Committee of the Week, [Mr. Noble Wimberly Jones, Mr. John Morin Scott, Mr. Samuel John Atlee,] report, That the memorial of John Vacher late Surgeon of the 4th New York Regiment, complaining of his being deranged tho' a Senior Surgeon to others continued in service and praying to be restored to his rank, be referred to the Secy at War.1
[Note 1: 1 This report, in the writing of Noble Wimberly Jones,[is in the Papers of the Continental Congress, No. 32, folio 357. The indorsement shows that it was passed this day.
On this day, according to the indorsement, were read resolutions of the House of Delegates of Virginia. They are in No. 75, folio 367, and were referred to Mr. [John] Rutledge, Mr. [John] Lowell, Mr. [William] Ellery, to confer with the Superintendent of finance and report.
Also, a letter dated Amsterdam, December 28, 1781, from John de Neufville & Son. It is in No. 145, folio 87.]
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