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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 --SATURDAY, SEPTEMBER 28, 1782
Mr. William Hemsley, a delegate from Maryland, attended, produced credentials of his appointment, and took his seat in Congress.
Annapolis, 15th June 1782.
Sir,
In Obedience to a Resolve of the general Assembly we have the Satisfaction to inform you, that you are appointed a Delegate for this State in Congress.
We have the Honor to be with great Regard Sir
Yr most obt humbble. Servants
George Plater
Presidt. of the Senate
Thos. Cockey Deye
Speaker of the House of Delegates
Hon: William Hemsley
Queen Arms County2
[Note 2: 2 The original is in the Papers of the Continental Congress, Maryland, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journals.
From this point the proceedings for the 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.]
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On the report of the committee, consisting of Mr. [Arthur] Lee, Mr. [Ralph] Izard and Mr. [James] Duane, appointed to prepare a commission and instructions, and a draft of a treaty of amity and commerce with the king of Sweden, Congress, by the vote of nine states, agreed to the following
PLAN OF A TREATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES AND THE UNITED PROVINCE OF THE LOW COUNTRIES KING OF SWEDEN
The parties being willing to fix, in a permanent and equitable manner, the rules to be observed in the commerce they desire to establish between their respective countries, have judged that the said end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement; by leaving each party at liberty to make such interiour regulations respecting commerce and navigation as it shall find most convenient; and by founding the advantage of commerce on reciprocal utility and the just rules of free intercourse. On these principles the parties, after mature deliberation, have agreed to the following articles:
ARTICLE I.
There shall be a firm, inviolable and universal peace and sincere friendship between their High Mightinesses the States of the seven Untied Provinces of the Low Countries the king of Sweden, his heirs and successors,
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and the United States of America, and the subjects and people of citizens and subjects of the said parties, and the countries, islands, cities and towns situated under their respective jurisdictions, and the people and inhabitants thereof of every degree, without exception of persons or places.
ARTICLE 2D.
The subjects of the said King shall pay in the ports, havens, roads, countries, islands, cities or towns of the United States of North America or any of them no other or greater duties or imposts of what nature seever they may be, or by what name seever Recommitted. called, than those which the nations most favored are, or shall be obliged to pay, and they shall enjoy all the necessary rights, liberties, priveleges, immunities and exemptions in trade, navigation and commerce, as well in passing from one port in the United States to another, as in going to and from the same, from and to any part of the world.
ARTICLE 3d
The citizens or inhabitants of the said United States shall enjoy all necessary rights, liberties priveleges and immunities and exemptions Recommitted. in trade, navigation and commerce as well in passing from one port in the dominions of the said King to another, as in going to and from the same from and to any part of the world.1
[Note 1: 1 This article, in the report, is in the writing of James Madison.]
ARTICLE II.
The subjects of the said king may freely resort to and reside in the United States, and may trade in any effects or merchandises, the importation or exportation of which are not or shall not be prohibited; and shall pay in the ports, havens, roads, countries, islands, cities or towns of the United States, no other or greater duties or imposts whatsoever than those which the most favoured European nations axe or shall be obliged to pay; and they shall enjoy all the rights, liberties
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and exemptions in trade, navigation and commerce, whether in passing from one port in the said states to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.1
[Note 1: 1 This article is in the writing of Arthur Lee in the report.]
ARTICLE III.
In like manner, the citizens and inhabitants of the United States of America may freely resort to and reside in the dominions of his Swedish Majesty, and may trade in any effects or merchandises, the importation or exportation of which are not or shall not be prohibited, and shall pay in the ports, havens, roads, countries, islands, cities or towns within the dominions of the king of Sweden no other or greater duties or imposts whatsoever than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties and exemptions in trade, navigation and commerce, whether in passing from one port in the dominions of the king of Sweden to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.
ARTICLE IV.
Their High Mightinesses the States of the seven United Provinces of the Low Countries The king of Sweden shall endeavour, by all the means in their his power, to protect and defend all vessels and other effects belonging to the people citizens or inhabitants of the said United States of America, or any of them, being in their his ports, havens, or roads, or on the seas near to their his countries, islands, cities or towns; and to recover and cause to be restored to the right owners their vessels and effects, as shall be taken within their his
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jurisdiction. Their His ships of war, or any convoys sailing under his authority, shall upon all occasions take under their protection all vessels belonging to the subjects, people citizens or inhabitants of the said United States of America, or any of them, holding the same course, or going the same way, and shall defend such vessels as long as they hold the same course, or go the same way, against all attacks, force and violence, in the same manner as they ought to protect and defend vessels belonging to the subjects of their High Mightinesses his said Majesty.
ARTICLE V.
In like manner the said United States and their ships of war sailing under their authority shall protect and defend, conformably to the tenor of the preceding article, all the vessels and effects belonging to the subjects of the king of Sweden; and use all their endeavours to recover and cause to be restored, the said vessels and effects that shall have been taken within the jurisdiction of the said United States.1
[Note 1: 1 This article is in the writing of Arthur Lee, in the report.]
ARTICLE VI.
It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships and other subjects of their High Mightinesses the States of the Seven United Provinces of the Low Countries king of Sweden, in all places subject to the dominion and jurisdiction of the said United States of America, to manage their own business themselves, or to employ whomsoever they please to manage it for them; nor shall they be obliged to make use of any interpreter or broker, nor to pay any salary or fees, unless they choose to make use of them. Moreover, masters of
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ships shall not be obliged in loading or unloading their ships to make use of those workmen that may be appointed by publick authority for that purpose; but it shall be entirely free for them to load or unload their ships by themselves, or to make use of such persons in loading or unloading the same as they shall think fit, without paying any fees or salaries to any other whomsoever; neither shall they be forced to unload any sort of merchandise either into any other ships, or to receive them into their own, or to wait for their being loaded longer than they please; and all and every the citizens, people and inhabitants of the said United States of America shall reciprocally have and enjoy the same privileges and liberties in all places whatsoever subject to the jurisdiction of their High Mightinesses the of the States of the Seven United Provinces of the Low Countries the said king.
ARTICLE VII.
The merchant ships of either of the parties which shall be making into a port belonging to the enemy of the other ally power, and concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion, shall be obliged to exhibit as well upon the high seas as in the ports and havens not only her passports, but likewise certificates expressly showing that her goods are not of the number of those which have been prohibited as contraband.
ARTICLE VIII.
If by exhibiting the above said certificates the other party discover there are any of those sort of goods which are prohibited and declared contraband, and consigned for a port under the obedience of his enemy,
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it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcel of her goods, whether such ship belongs to the subjects of their High Mightinesses the States of the Seven United provinces of the Low Countries the said king, or the citizens or inhabitants of the said United States of America, unless the lading be brought on shore in the presence of the officers of the court of admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange or alienate the same, in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the court of admiralty shall by a sentence pronounced have confiscated the same, saving always as well the ship itself, as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods; much less shall they be confiscated as lawful prize. But if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them; in such case, the captor having received those goods, shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeable to what is above directed.
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ARTICLE IX.
On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemies of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandises as were put on board such ship before the declaration of war; or even after such declaration, if it were done without knowledge of such declaration, so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited, or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war or after the declaration of the same without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective citizens and subjects, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.
ARTICLE X.
All ships and merchandises of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.
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ARTICLE XI.
It shall be lawful for the ships of war of either party and privateers freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty or any other judges; nor shall such prizes be arrested or seized when they come to and enter the ports of the other party; nor shall the searcher or other officers of those places search the same, or make examination concerning the lawfulness of such prizes; but they may hoist sail at any time and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to show.
ARTICLE XII.
For the better promoting of commerce on both sides, it is agreed, that if a war should break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for selling and transporting their goods and merchandises; and if any thing be taken from them, or any injury be done to them within that term, by either party, or the people or subjects of either, full satisfaction shall be made for the same.
ARTICLE XIII.
No subject of their High Mightinesses the State of the seven United Provinces of the Low Countries the said king shall apply for or take any commission or letter of marque for arming any ship or ships to act as privateers against the said United States of America, or any of them, or against the subjects, people or inhabitants of the said United States, or any of them, or against the property of
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the inhabitants of any of them, from any prince or state with which the United States of America shall happen to be at war; nor shall any citizen subject or inhabitant of the said United States of America, or any of them, apply for or take any commission or letters of marque for arming any ship or vessel to act as privateers against the subjects of their said High Mightinesses the said king, or any of them, or against the property of any of them, from any prince or state with which the said state king shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.
ARTICLE XIV.
The ships of the subjects and inhabitants of either of the parties coming upon any coast belonging to either of the said allies contracting parties, but not willing to enter into port, or being entered into port and not willing to unload their cargoes, or break bulk, they shall be treated agreeable to the general rules prescribed or to be prescribed relative to the object in question shall have liberty to depart, or pursue their voyage without molestation.
ARTICLE XV.
It is hereby stipulated, that free ships shall also give a freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship with this effect, that although they be enemies to both or
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either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies.
ARTICLE XVI.
This liberty of navigation and commerce shall extend to all kinds of merchandises except those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended arms, great guns, bombs with their fuses and other things belonging to them, cannon ball, gunpowder, match, pikes, sword, lances, spears, halberds, mortars, petards, grenadoes, saltpetre, muskets, musket ball, bucklers, helmets, breastplates, coats of mail and the like kinds of arms proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandises which follow shall not be reckoned among contraband or prohibited goods; that is to say, all sorts of cloaths and all other manufactures woven of any wool, flax, silk, cotton or any other materials whatever, all kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals, as also wheat and barley, and any other kind of corn or pulse, rice, indigo, flax, hemp, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts, and in general all provisions which serve for the nourishment of mankind and the sustenance of life;--furthermore, all kinds of tobacco, indigo, cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloth, anchors and any part of anchors, also ship's masts, planks, boards and beams of what trees soever, and all other things proper either for building or repairing ships,
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and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war, by land or sea, shall not be reputed contraband; much less such as have been already wrought up for any other use;--all which shall be wholly reckoned among free goods; as likewise all other merchandises and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects of both confederates powers, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested.
ARTICLE XVII.
It is also agreed, that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be subject to no further visitation, but all visitation or search shall be made before hand, and all prohibited goods shall be stopped on the spot before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice; nor shall either the persons or goods of the citizens of the United States, or of the subjects of the king of Sweden, be put under any arrest, or molested by any other kind of embargo, for that cause; and only the citizen or subject of that state to whom the said goods have been or shall be prohibited, and who shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.
ARTICLE XVIII.
The two contracting parties grant to each other the liberty of having, each in the ports of the other, consuls, vice consuls and commissaries of their own appointing,
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whose functions shall be regulated by particular agreement whenever either party chuses to make such appointment.1
[Note 1: 1 This report, in the writing of a clerk, except as indicated, is in the Papers of the Continental Congress, No. 47, folio 289.]
COMMISSION TO THE HONOURABLE B. FRANKLIN, ESQUIRE, FOR NEGOTIATING A TREATY OF AMITY AND COMMERCE WITH THE KING OF SWEDEN.
The United States in Congress assembled--To all who shall see these presents, send greeting.
It having been represented to Congress by their minister plenipotentiary at the Court of Versailles, that the king of Sweden has signified by his ambassador at that Court to our said minister his desire to enter into a treaty with the United States in Congress assembled; and we being willing to promote the same for establishing harmony and good intercourse between the citizens of the United States and the subjects of the said king:--Know ye, therefore, That we, confiding in the integrity, prudence and ability of the honourable Benjamin Franklin, esquire, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint the said Benjamin Franklin, our minister plenipotentiary, giving him full powers, general and special, to act in that quality, to confer, treat, agree and conclude with the person or persons vested with equal powers by the said king, of and concerning a treaty of amity and commerce between the United States in Congress assembled, and the king of Sweden; and whatever shall be so agreed and concluded for us and in our name to sign and thereupon to make such treaty, conventions and agreements as he shall judge conformable to the ends we have in view, hereby promising in good faith that we
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will accept, ratify and execute whatever shall be agreed, concluded and signed by our said minister. And whereas it may so happen that our aforesaid minister may die, or be otherwise incapacitated to execute this commission: We do, in that case, by these presents constitute and appoint the honourable John Adams our minister plenipotentiary for the purpose aforesaid; and in case of his death or incapacity, we appoint the honourable John Jay our minister plenipotentiary for the purpose aforesaid; and in case of his death or incapacity also, we do appoint the honourable Henry Laurens our minister plenipotentiary for the purpose aforesaid, with all the powers herein before delegated to the honourable Benjamin Franklin.
In witness whereof we have caused these to be sealed with our seal.
Done at Philadelphia thisday ofin the year of our Lord 178 and in theyear of our Independence, by the United States in Congress assembled.
In testimony whereof, we have caused the seal of the United States of America to be affixed to these presents. Witness His Excellency John Hanson, Esq. President of the United States in Congress assembled, the twenty-eighth day of September, in the year of our Lord, one thousand seven hundred and eighty-two, and of our sovereignty and Independence the seventh.1
[Note 1: 1 This report, in the writing of a clerk, of Charles Thomson and of George Bond, is in the Papers of the Continental Congress, No. 47, folios 299 and 301. A copy of it is in No. 49, folio 93.]
INSTRUCTIONS TO THE HONOURABLE B. FRANKLIN, ESQUIRE.
Sir,
You are to negotiate and conclude the proposed treaty of amity and commerce with the person or persons
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that shall be appointed by his Swedish Majesty at Paris, and not elsewhere, unless some other place should be fixed upon for negotiating a general peace; in which case you may negotiate and conclude it at the same place.
The privilege of holding, inheriting and disposing of real property by the Citizens and Subjects of the contracting parties within their respective Territories reciprocally cannot be admitted but under the restriction of actual residence within the Nation where such real property may be at the time of holding, inheriting or disposing of the same.
As we shall be better able to judge by experience what commercial regulations will be most beneficial for the citizens and subjects of the contracting powers, it is our desire that the treaty be made for twelve years only.
It is possible that the fourth article in the plan of a treaty may be objected to on the part of the king of Sweden, as unequal, he having more ships of war than the United States, and not being engaged in any war which may render protection necessary to the ships of his subjects. He may also apprehend, that the giving protection to our vessels may involve him in a war with Great Britain. To this it may be answered, that the fifteenth article is as unequally in favor of Sweden, giving her the benefit of the carrying trade, which cannot be enjoyed by the citizens of the United States--Therefore the one article may be set against the other.
Nor do we apprehend that according to the laws of nations the protection to be given to the vessels of the United States conformably to the forth article can be a just cause of war on the part of Great Britain.
But as the direct and essential object of the treaty is to obtain the recognition of our Independency by another European power, you are instructed not to adhere to
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the 4th article so as to prevent the conclusion of the treaty. Upon the same principle you may also use your discretion in extending the term of the treaty to twenty years but no farther.
You are also at liberty, in case it be found necessary, to recede from the stipulation proposed in the 9th article, that whatever shall be found laden by the Subjects and Inhabitants of either party on any Ship belonging to the Enemies of the other shall be subject to confiscation.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 47, folios 303--3031 The last paragraph is in James Madison's writing, the others, except the first two, which are in the writing of a clerk, are in the writing of Arthur Lee. A copy is in No. 49, folio 97.]
Done in Congress at Philadelphia the twenty-eighth day of September, in the year of our Lord one thousand seven hundred and eighty-two and of our Sovereignty and Independence the Seventh.
The Superintendant of Finance to whom was referred the representation of the Legislature of the State of New Jersey of the twenty fourth Instant begs leave to Report,
That the Requisition of eight Millions for the Service of the current Year, including the Sums necessary for paying the Army, if that Requisition is complied with by the States the whole Army will be regularly and compleatly paid, and partial Payments (always pernicious) will be avoided.
That the Situation of the Accounts between the several States and the United States, the common Assertion of each State that it has made Efforts beyond all Others (an Assertion which must be false as to Some) the baleful Effects of this Declaration in diminishing the Efforts of all, and the confusion which must ensue and be prolonged from the Existence of such Causes, demonstrate the Necessity of paying all Expences from one common Treasury and replenishing that Treasury by the common Contribution of all according to established Principles; So that in future all Accounts should be reduced to Demands for Money on one Side and Payments of it on the Other.
That the Plans of an Administration on these just and simple Principles have been adopted by Congress, and by their constant
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Care and Attention are now carrying into Execution in such Manner as to promise beneficial Consequences.
That if these Plans are broken in upon and every State again permitted to expend the Money of the Union according to their Pleasure, it will be impossible to conduct the Affairs of America either with Regularity or Economy.
That it is therefore a Duty which Congress owe alike to the Interests of their Constituents and to their own Dignity (which cannot be wounded without wounding at the same Moment the Majesty of the People they represent) to take the most decisive Measures for preventing the further Progress of this Evil.
The following resolution therefore is submitted:
Whereas, the United States in Congress assembled have required the Sum of eight Million Dollars for the Service of the Year 1782, in which Service is included the Pay of the Army: And whereas the punctual Payment of the Quotas assigned to the several States would have prevented any just Complaints for the want of Pay and every Obstruction to the Service in the several public Departments, so that the Evils which have arisen or which may arise are entirely to be attributed to the very great Deficiency of the States in complying with the said Requisition: And whereas Congress have been informed that several of the said States, while they neglect the proper Supply of the public Treasury have made Payments to the Troops levied in such State, whereby it happens that Murmur and Complaint must arise in the Army very detrimental to the Service, because that equal Justice is not done to all, which it is the earnest Desire of Congress to render: And whereas such Payments must derange and finally overturn the Systems which have been adopted for administering the public Revenue and performing the Business of the several Departments, and must involve the said Business in Confusion and finally produce Contests Divisions and dangerous Animosities: for Prevention thereof,
Resolved, That any Monies paid by any of the States to the Officers and Soldiers of the American Army as pay for the year 1782 be considered as a free Gift. That the same be not charged to such Officers and Soldiers in their Account of Pay, and that it be not credited to the State by whom it shall have been or shall be advanced.
Resolved, That the States be required to make speedy Payment of their several Quotas into the public Treasury, that Congress may be thereby enabled to pay the Officers and Soldiers of the American
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Army the whole Amount of their Pay for the present Year before the expiration thereof.
Office of Finance 27th Sept. 1782.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 137, I, folio 773. According to Committee Books 186 and 191, it was delivered September 27, and on September 23 committed to Mr. [Samuel John] Atlee, Mr. [James] Madison, and Mr. [Elias] Boudinot,]
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