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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, JUNE 12, 17832
[Note 2: 2 The proceedings for this 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.]
The committee, consisting of Mr. [James] Madison, Mr. [Oliver] Ellsworth and Mr. [Alexander] Hamilton, to whom was referred a report of the Secretary for foreign affairs on a letter of 20th March last, from Mr Dumas, and sundry papers enclosed, report,
That it appears from the said letter and the papers enclosed, that propositions have been made on the part of the states general to the ministers of the United States of America at Paris, in order to render an express stipulation in favour of the freedom of navigation less necessary in the treaty of peace between Great Britain and the United Provinces of the Netherlands, either to accede to the treaty of the armed neutrality already
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concluded between some powers of Europe, or to enter into similar engagements with France, Spain and the United Provinces of the Netherlands; or in case France and Spain should refuse to enter into a convention founded on the principles of the armed neutrality, or wish to delay it till after the general peace, to form a separate convention for similar purposes between the United Provinces of the Netherlands and the United States of America.
That the answers to these propositions do not appear from the papers transmitted, though there is room to infer from Mr. Dumas's letters of the 4th and 18th of February, that the two first of these propositions were encouraged by our ministers, and that the states general proposed to act in consequence thereof, and had made the last proposition, in order to be prepared, in case either or both of the two first should fail.
It appears from the report of the Secretary for Foreign Affairs, that no powers are at present vested in any person in Europe to agree to any treaty similar to that entered into by Russia, Sweden, Denmark and the United Provinces of the Netherlands, after the peace shall be concluded. The resolution of the 5th of October, 1780, empowers the ministers of these states, if invited thereto, to accede to such regulations conformable to the spirit of the declaration of the Empress of Russia as may be agreed upon by the Congress expected to assemble in pursuance of the invitation of her Imperial Majesty. Our ministers received no invitation; and special powers were afterwards given to Mr. Dana, which in their nature superseded that resolution. Mr. Dana was, by his commission and instructions, empowered to sign the treaty or convention for the protection of commerce in behalf of the United States, either with her Imperial Majesty in conjunction with the other neutral powers, or, if that shall be inadmissible, separately,
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with her Imperial Majesty, or any of those, that is, those neutral powers. The treaty being only made to continue during the war, his powers terminated with the war, or at most extended only to signing it with the neutral powers, and not to form a new and separate treaty.
Whereupon Congress came to the following resolution:
Whereas the primary object of the resolution of October 5, 1780, and of the commission and instructions to Mr. Dana, relative to the accession of the United States to the neutral confederacy, no longer can operate; and as the true interest of these states requires that they should be as little as possible entangled in the politics and controversies of European nations, it is inexpedient to renew the said powers either to Mr. Dana, or to the other ministers of these United States in Europe; but, inasmuch as the liberal principles, on which the said confederacy was established, are conceived to be in general favourable to the interests of nations, and particularly to those of the United States, and ought in that view to be promoted by the latter as far as will consist with their fundamental policy:
Resolved, That the ministers plenipotentiary of these United States for negotiating a peace be and they are hereby instructed, in case they should comprise in the definitive treaty any stipulations amounting to a recognition of the rights of neutral nations, to avoid accompanying them by any engagements which shall oblige the contracting parties to support those stipulations by arms.1
[Note 1: 1 This report is printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI, 481,
On this day, according to the indorsement, a letter of June 11 from the Secretary at War enclosing a letter of Major General Knox was referred to Mr. [Hugh] Williamson, Mr. [Theodorick] Bland, Mr. [Alexander] Hamilton. It is in the Papers of the Continental Congress, No. 19, III, folio 379, and Knox's letter, dated June 2, is on folio 393. See post, October 18 and 20.]
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