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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 --WEDNESDAY, MAY 21, 17833
[Note 3: 3 The proceedings for May 21, and May 22, 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. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), VI 437--442.]
The committee, consisting of Mr. [James] Madison, Mr. [Nathaniel] Gorham and Mr. [Thomas] Fitzsimmons, to whom was referred a letter of 21 April, from the Secretary for foreign affairs, together with letters of 16 and 19 December, 1782, o. s., from Mr. Dana, having reported thereon, and the report being postponed, a motion was made by Mr. [Alexander] Hamilton, seconded by Mr. [James] Madison, in the words following:4
[Note 4: 4 Livington's letter of April 21 is printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI(, 388; and Dana's letters of December 27 and 30, 1782, (December 16 and 19, O. S.), in VI, 170 and 171. According to the record in Committee Books No. 186 and No. 191, the committee was appointed April 21, their report was delivered April 22, and acted on, May 21 and 22.]
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Resolved, That Mr. Dana be informed that the treaties lately entered into between the powers at war for restoring peace have produced caused such an alteration in the affairs of these states as to have removed the primary object of his mission to the Court of Russia, the acquisition of a new and powerful support new supports to their Independence; That Congress, however, are still willing to accede to a confederacy founded on the liberal basis of a maintenance of the rights of neutral nations and the privileges of commerce. That though Congress approve the principles of armed neutrality founded on the liberal basis of a maintenance of the rights of neutral nations and of the privileges of commerce yet they are unwilling at this juncture to form connections, the extent of which has not yet assumed so explicit a form as to enable them to judge of its full extent become a party to a Confederacy [which may hereafter too far complicate the interests of the United States with the politics of Europe], and therefore if such a progress is not yet made in this business as may make it dishonorable to recede, it is their desire that no further measures may be taken at present towards the admission of the United States into that Confederacy.
That Congress deem it inexpedient at this time to accede to the armed neutrality if such progress is not already made in that that business as to render it dishonorable.1
[Note 1: 1 This paragraph is in the writing of Oliver Ellsworth.]
Provided also that an engagement of honor may not already have been contracted for paying that money.
Provided the steps already taken do not imply an honorary engagement for the payment of that money.
That with respect to a Commercial treaty with Russia, they consider the benefits of it to this country in any extensive degree as rather remote, and have therefore no little priest inducement to enter into it, besides a desire of cultivating the friendship of that Court and preserving a consistency with the disposition they have already shown already manifested towards forming a connection therewith and also of laying the foundation of a furze intercourse in trade when the circumstances of the two countries may be more favorable to the same. That, as experience will enable both nations to form a better judgment hereafter of the principles upon which that intercourse may be best most advantageously conducted, Congress would wish any treaty now formed to be of temporary duration and limited to a fixed period.
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That in this view, unless Mr Dana shall have already formed engagements or made proposals from which he cannot easily recede of a more indefinite and or extensive nature before this reaches him, he be instructed to confine the duration of the proposed Treaty of Commerce to fifteen years agreeable to the term limited for a similar Treaty with the Court of Sweden, and to stipulate expressly that the same shall be subject to the revisal of Congress previous to its final conclusion; and that in an matters he insist upon an exact reciprocity. That he conform every essential point as far as circumstances will permit to the model of a treaty herewith transmitted. That so soon as this object shall be accomplished or if he discovers any repugnancy on the part of the Court of Russia to entering into a Treaty with these States on liberal principles he be permitted to return home. That with respect to the money mentioned in his letter of theto be employed in presents to the ministers of that Court, he be informed that as by the Confederation no persons holding offices under the United States are permitted to receive presents from foreign powers, so it is not consistent with the situation or policy of these states to adopt that practice in their transactions with the officers or ministers of other nations, [and that he be instructed to decline paying the same, unless the steps already taken by him towards forming a treaty of commerce or treaties shall in his judgment imply an engagement to make such payment.]1
[Note 1: 1 The words in brackets are in the writing of Elias Boudinot; the motion, in the writing of Alexander Hamilton, except as indicated, is in the Papers of the Continental Congress, No. 36, II, folio 123--125.]
That Mr. Dana be informed, that the treaties lately entered into for restoring peace have caused such an alteration in the affairs of these states, as to have removed the primary object of his mission to the Court of Russia, the acquisition of new supports to their independence. That with respect to a commercial treaty with Russia, they consider the benefits of it to this country in any extensive degree as rather remote, and have therefore little present inducement to enter into it, besides a desire of cultivating the friendship of that court, and preserving a consistency with the disposition already manifested towards forming a connection therewith, and also of laying a foundation of a
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future intercourse, when the circumstances of the two countries may be more favourable to the same. That as experience will enable both nations to form a better judgment hereafter of the principles upon which that intercourse may be most advantageously conducted, Congress would wish any treaty now formed to be of temporary duration, and limited to a fixed period. That in this view, unless Mr. Dana shall have already formed engagements or made proposals, from which he cannot easily recede, of a more indefinite and extensive nature, before this reaches him, he be instructed to confine the duration of the proposed treaty of commerce to fifteen years, agreeable to the term limited for a similar treaty with the Court of Sweden; and to stipulate expressly, that the same shall be subject to the revisal of Congress previous to its final conclusion, and that in all matters he insist upon exact reciprocity.
That so soon as this object shall be accomplished, or if he discovers any repugnancy on the part of the Court of Russia to entering into a treaty with these states on liberal principles, he be permitted to return.
That with respect to the money mentioned in his letters of 25 August, November 10, and 19 December, 1782, and 20 January, 1783, to be employed in presents to the ministers of that Court, he be informed, as that by the Confederation no persons holding offices under the United States are permitted to receive presents from foreign powers, so it is not consistent with the situation or policy of these states to adopt that practice in their transactions with other nations.
This being under debate, it was moved and agreed to amend it, by inserting the following clause after the words "new supports to their independence":
That though Congress approve the principles of the armed neutrality, founded on the liberal basis of a
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maintenance of the rights of neutral nations and of the privileges of commerce, yet they are unwilling, at this juncture, to become a party to a Confederacy which may hereafter too far complicate the interests of the United States with the politicks of Europe, and therefore, if such a progress is not yet made in this business as may make it dishonourable to recede, it is their desire, that no further measures may be taken at present towards the admission of the United States into that Confederacy.
A motion was made by Mr. [John] Rutledge, seconded by Mr. [Samuel] Holten, to strike out the last clause respecting money; and on the question, Shall that clause stand, the yeas and nays being required by Mr. [John Francis] Mercer--
{table}
So the question was lost; and the clause was struck out.
A motion was then made by Mr. [Hugh] Williamson, seconded by Mr. [James] Madison, in lieu of what was
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struck out to insert as follows: That with respect to the money mentioned, &c. (in the words of the original motion to the end, with this addition) and that he be instructed to decline paying the same, unless the steps already taken by him towards forming a treaty or treaties, shall, in his judgment, imply an engagement to make such payment.
And on the question to agree to this, the yeas and nays being required by Mr. [Hugh] Williamson--
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So it was resolved in the affirmative.
On the question to agree to the original motion as amended, the yeas and nays being required by Mr. [Benjamin] Hawkins--
{table}
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So the question was lost.
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