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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, 23 DECR.
The motion to strike out the words "accruing to the use of the U. S.," was grounded on a denial of the principle that a capture & possession by the enemy of moveable property extinguished or effected the title of the original owners. On the other side this principle was asserted as laid down by the most approved writers, and conformable to the practice of all nations; to which was added that if a contrary doctrine were established by Congress, innumerable claims would be brought forward by those whose property had, on recapture been applied to the public use. See Journals.
Letters were this day recd. from Mr. Franklin, Mr. Jay & the Marquis de la Fayette. They were dated the 14th of Ocr. That from the first inclosed a copy of the 2d. Comission to Mr. Oswald with sundry prelimy. articles, and distrusted the British Court. That from the 2d. expressed great jealousy of the French Govt. & referred to an intercepted letter from Mr. Marbois, opposing the claim of the U. S. to the Fisheries. This despatch produced much indignation agst the author of the intercepted letter, and visible emotions in some agst France. It was remarked here that our Ministers took no notice of the distinct comons. to Fitzherbert & Oswald; that altho' on a supposed intimacy and joined in the same comon., they the Ministers, wrote separately & breathed opposite sentiments as to the views of France. Mr. Livingston told me that the letter of the Ct. do Vergennes, as read to him by the Chevr. Luzerne, very delicately mentioned & complained that the American Ministers did not in the negotiations with the British Ministers, maintain the due communication with those of France. Mr. Livingston inferred on the whole that France was sincerely anxious for peace.
The Presidt. acquainted Congress that Ct. Rochambeau had communicated the intended embarkation of the French troops for the W. Indies, with an assurance from the King of France, that in case the war sd. be renewed agst. U. S. they should immediately be sent back.
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