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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 --THURSDAY, OCTOBER 3, 17822
[Note 2: 2 The proceedings for this day were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal, No. 4. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), V, 792--796.]
The committee, consisting of Mr. [James] Duane, Mr. [John] Rutledge, Mr. [Joseph] Montgomery, Mr. [James] Madison and Mr. [Daniel] Carroll, to whom were referred the notes of the communication made by the minister of France to a committee of Congress, on the 24th of September, brought in a report, which was agreed to as follows:
That the minister plenipotentiary of his Most Christian Majesty be informed, that the communication made by the said minister on the 24th of September last,
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is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence which his wise, steady and liberal conduct in every stage of the war has so justly inspired.
That his Most Christian Majesty's declaration to the British minister at Paris, that he will neither treat nor terminate any negotiation unless the interests of his allies and friends shall be considered and determined, is entirely correspondent to the part which these United States are resolved to take in any negotiation for peace.
That Congress with the utmost satisfaction embrace this opportunity to renew their assurances, that in every event these United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glow.
That they will hearken to no propositions for peace which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to his minister plenipotentiary on the 31 day of May last.
That upon this principle, Congress did not hesitate a moment to reject the proposition made by the British general and admiral, as commissioners of peace, for admitting Mr. Morgan their secretary to an interview at Philadelphia.
And, that they are resolved to prosecute the war with vigour until a general peace shall be obtained, in which their allies shall be comprehended.
That Congress place the utmost confidence in his Majesty's assurances, that he will readily employ his good offices in support of the United States in all points relative to their prosperity; and considering the
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territorial claims of these states as heretofore made, their participation of the fisheries, and of the free navigation of the Mississippi, not only as their indubitable rights, but as essential to their prosperity, they trust that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those rights. Nor can they refrain from making known to his majesty; that any claim of restitution or compensation for property confiscated in the several states will meet with insuperable obstacles, not only on account of the sovereignty of the individual states, by which such confiscations have been made, but of the wanton devastations which the citizens of these states have experienced from the enemy, and in many instances from the very persons in whose favour such claim may be urged. That Congress trust that the circumstances of the allies at the negotiation for peace will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.
When the last paragraph was under consideration,
A motion was made by Mr. [John] Rutledge, seconded by Mr. [Arthur] Lee, to insert after "territorial claims," these words "as stated in the instructions to their minister on the 13 August, 1779;" and on the question to agree to that amendment, the yeas and nays being required by Mr. [Theodorick] Bland--
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So the question was lost.
A motion was then made by Mr. [James] Duane, secconded by Mr. [John] Witherspoon, to transpose the clause, with an amendment, so as to read, "the territorial claims of these states, their participation of the fisheries, and of the free navigation of the Mississippi."
A motion was made by Mr. [Turbett] Wright, seconded by Mr.Witherspoon[Silas] Condict, to amend the amendment by inserting the word "united" before the word "states;" and on the question to agree to this amendment to the amendment, the yeas and nays being required by Mr. [Theodorick] Bland--
{table}
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So the question was lost.
A motion was then made by Mr. [John] Rutledge, seconded by Mr. [Arthur] Lee, to amend the amendment by inserting after the words "states," these words "in behalf of the United States;" and on the question to agree to this, the yeas and nays being required by Mr. [Theodorick] Bland--
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So the question was lost.
A motion was then made to amend the amendment, by inserting the words "as heretofore made," after the word "states," which was agreed to; and the amendment being then adopted, on the question to agree to the whole report as amended, it was resolved in the affirmative by the votes of ten nine states.
Ordered, That the committee who brought in the report communicate to the honourable the minister of France the above answer of Congress to his communications.
Ordered, That the Secretary for foreign affairs transmit by the first opportunity a copy of the same to the ministers of these states at foreign courts.
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