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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 --TUESDAY, JULY 29, 1783
Mr. Abiel Foster, a delegate for the State of New Hampshire, attended, and produced his credentials, by which it appears, that on the 18 day of February last, he was appointed a delegate to represent that State for one year from the date, unless sooner relieved, or recalled by the general assembly of the State.
State of New Hampshire.
In the House of Representatives
February 18th 1783.
[Seal]
Voted that the Honble. Abiel Foster Esqr be and he hereby is appointed a Delegate to represent this State in the Continental Congress for the term of one year from the date unless sooner relieved or recalled by the General Assembly of this State, with all the Powers and Privileges which other Delegates from this
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State have heretofore had and enjoyed agreeably to the Confederation of the United States.
Sent up for Concurrence
John Dudley Speaker.
In Council Febr 1783, read and Concurred,
J. Pearson Dep. Secy.
A true Copy
Attest
Joseph Pearson Dep Secy.1
[Note 1: 1 The original is in the Papers of the Continental Congress, New Hampshire, Credentials of Delegates. In was entered in No. 179, Record of Credentials, and not in the Journal.]
Mr. S[amuel] Huntington and Mr. B[enjamin] Huntington, delegates for the State of Connecticut, attended, and took their seats in Congress.
Congress took into consideration a treaty of amity and commerce, concluded between the King of Sweden, and the United States of America, signed at Paris on the 3 day of April last, and the same was adopted and ratified, nine States being present, in the manner following:
THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED--
To all who shall see these presents, Greeting.
Whereas by our commission dated at Philadelphia, on the twenty-eighth day of September, 1782, the honourable Benjamin Franklin was invested with full powers, on the part of the United States of America, to concert and conclude with a person or persons equally empowered on the part of his Majesty the King of Sweden, a treaty of amity and commerce, having for its basis the most perfect equality, and for its object the mutual advantage of the parties, we promising in good faith to ratify whatever should be transacted by virtue of the said commission: And whereas our said minister, in pursuance of his full powers, did, at Paris, on the third day of April, in the year of our Lord one thousand seven hundred and eighty-three, with Count Gustavus Philip de Creutz, minister plenipotentiary named for that
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purpose, on the part of his Majesty the King of Sweden, conclude and sign a treaty of amity and commerce in the words following, to wit:
A Treaty of Amity and Commerce, concluded between his Majesty the King of Sweden, and the United States of North America.
The King of Sweden, of the Goths and Vandals, &c. &c. &c. and the thirteen United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the counties of New Castle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, desiring to establish, in a stable and permanent manner, the rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish between their respective countries, states and subjects; his Majesty and the United States have thought that they could not better accomplish that end, than by taking for a basis of their arrangements the mutual interests and advantage of both nations, thereby avoiding all those burdensome preferences, which are usually sources of debate, embarrassment and discontent, and by leaving each party at liberty to make, respecting navigation and commerce, those interiour regulations which shall be most convenient to itself.
With this view, his Majesty the King of Sweden has nominated and appointed for his plenipotentiary Count Gustavus Philip de Creutz, his ambassador extraordinary to his Most Christian Majesty, and knight commander of his orders; and the United States, on their part, have fully empowered Benjamin Franklin, their minister plenipotentiary to his Most Christian Majesty: the said plenipotentiaries, after exchanging their full
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powers, and after mature deliberation in consequence thereof, have agreed upon, concluded and signed the following articles:
Article I
There shall be a firm, inviolable and universal peace, and a true and sincere friendship between the King of Sweden, his heirs and successors, and the United States of America, and the subjects of his Majesty, and those of the said states, and between the countries, islands, cities and towns, situated under the jurisdiction of the King and of the said United States, without any exception of persons or places; and the conditions agreed to in this present treaty, shall be perpetual and permanent between the King, his heirs and successors, and the said United States.
Article II
The King and the United States engage mutually, not to grant hereafter any particular favour to other nations in respect to commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
Article III
The subjects of the King of Sweden shall not pay in the ports, havens, roads, countries, islands, cities and towns of the United States, or any of them, any other nor greater duties or imposts, of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing
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from one port to another of the United Slates, or in going to or from the same, from or to any part of the world whatever.
Article IV
The subjects and inhabitants of the said United States shall not pay in the ports, havens, roads, islands, cities and towns under the dominion of the King of Sweden, any other or greater duties or imposts of what nature soever they may be, or by what name soever called, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another of the dominion of his said Majesty, or in going to or from the same, from or to any part of the world whatever.
Article V
There shall be granted a full, perfect and entire liberty of conscience to the inhabitants and subjects of each party, and no person shall be molested on account of his worship; provided he submits so far as regards the publick demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is required.
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Article VI
The subjects of the contracting parties in the respective states may freely dispose of their goods and effects, either by testament, donation or otherwise, in favour of such persons as they may think proper; and their heirs, in whatever place they shall reside, shall receive the succession even ab intestato, either in person or by their attorney, without having occasion to take out letters of naturalization. These inheritances, as well as the capital and effects which the subjects of the two parties, in changing their abode, shall be desirous of removing from the place of their abode, shall be exempted from all duty called "droit de détraction," on the part of the government of the two states respectively. But it is at the same time agreed, that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations, or which may hereafter be published, which shall remain in full force and vigour. The United States on their part, or any of them, shall be at liberty to make respecting this matter, such laws as they think proper.
Article VII
All and every the subjects and inhabitants of the kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels in all safety and freedom, and without any regard to those to whom the merchandises and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two states shall likewise be permitted to sail and trade with their vessels, and with the same liberty and safety to frequent the places, ports and havens of powers, enemies to both or either of the contracting parties, without being in any wise
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molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different princes. And as it is acknowledged by this treaty, with respect to ships and merchandises, that free ships shall make their merchandises free, and that every thing which shall be on board of ships belonging to subjects of the one or the other of the contracting parties, shall be considered as free, even though the cargo or a part of it should belong to the enemies of one or both; it is nevertheless provided, that contraband goods shall always be excepted; which being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed, that the same liberty be extended to persons who may be on board a free ship, with this effect, that although they be enemies to both or either of the contracting parties, they shall not be taken out of the free ship, unless they axe soldiers in the actual service of the said enemies.
Article VIII
This liberty of navigation and commerce shall extend to all kinds of merchandises, except those only which are expressed in the following article, and are distinguished by the name of contraband goods:
Article IX
Under the name of contraband or prohibited goods, shall be comprehended arms, great guns, cannon balls, arquebuses, muskets, [mortars,] bombs, petards, grenadoes, saucisses, pitch balls, carriages for ordnance, musket rests, bandoliers, cannon powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions,
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helmets, cuirasses, halberds, javelins, pistols, holsters, belts, bayonets, horses with their harness, and all Other like kinds of arms and instruments of war for the use of troops.
Article X
These which follow shall not be reckoned in the number of prohibited goods, that is to say; all sorts of cloths, and all other manufactures of wool, flax, silk, cotton or any other materials, all kinds of wearing apparel, together with the things of which they are commonly made, gold, silver, coined or uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse, tobacco, all kind of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oil, wines, sugar, all sorts of salt and provisions, which serve for the nourishment and sustenance of man; all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloth, anchors and any parts of anchors, ship masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships; nor shall any goods be considered as contraband, which have not been worked into the form of any instrument or thing for the purpose of war, by land or by sea, much less such as have been prepared or wrought up for any other use: all which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing article; so that they shall not, by any pretended interpretation, be comprehended among prohibited or contraband goods; on the contrary, they may be freely transported by the subjects of the king and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blocked or invested; and those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers.
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Article XI
In order to avoid and prevent on both sides, all disputes and discord, it is agreed, that in case one of the parties shall be engaged in a war, the ships and vessels belonging to the subjects or inhabitants of the other shall be furnished with sea letters or passports, expressing the name, property and port of the vessel, and also the name and place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the subjects of one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed, that the said vessels when loaded shall be provided not only with sea letters, but also with certificates containing a particular account of the cargo, the place from which the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandises mentioned in the ninth article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.
Article XII
Although the vessels of the one and of the other party may navigate freely and with all safety, as is explained in the seventh article, they shall nevertheless be bound at all times when required, to exhibit as well on the high sea as in port, their passports and certificates abovementioned. And not having contraband merchandise on board for an enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless, the exhibition of papers shall not be demanded of merchant
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ships under the convoy of vessels of war, but credit shall be given to the word of the officer commanding the convoy.
Article XIII
If on producing the said certificates, it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband, and which are consigned to an enemy's port, it shall not however be lawful to break up the hatches of such ships, nor to open any chest, coffers, packs, casks or vessels, nor to remove or displace the smallest part of the merchandises, until the cargo has been landed in the presence of officers appointed for the purpose, and until an inventory thereof has been taken; nor shall it be lawfut to sell, exchange or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandises, and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the ships themselves, as the other merchandises which shall have been found therein, which, by virtue of this present treaty, are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandise, and much less confiscated as lawful prize. And in case the contraband merchandise be only a part of the cargo, and the master of the vessel agrees, consents and offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandises which are good prize, shall immediately let the vessel go, and shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports of the contracting parties, if upon
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examination she be found to be loaded only with merchandises declared to be free, the owner, or he who has made the prize, shall be bound to pay all costs and damages to the master of the vessel unjustly detained.
Article XIV
It is likewise agreed, that whatever shall be found to be laden by the subjects of either of the two contracting parties, on a ship belonging to the enemies of the other party, the whole effects, although not of the number of those declared contraband, shall be confiscated as if they belonged to the enemy, excepting nevertheless such goods and merchandises as were put on board before the declaration of war, and even six months after the declaration, after which term none shall be presumed to be ignorant of it; which merchandises shall not in any manner be subject to confiscation, but shall be faithfully and specifically delivered to the owners, who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds, if the claim be made within eight months, and could not be made sooner after the sale, which is to be publick: provided nevertheless, that if the said merchandises be contraband, it shall not in any wise be lawful to carry them afterward to a port belonging to the enemy.
Article XV
And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by the men of wax of the other party, or by privateers, all captains and commanders of ships of his Swedish Majesty, and of the United States, and all their subjects, shall be forbidden to do any injury or damage to those of the other party; and if they act to
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the contrary, having been found guilty on examination by their proper judges, they shall be bound to make satisfaction for all damages and the interest thereof, and to make them good under pain and obligation of their persons and goods.
Article XVI
For this cause, every individual who is desirous of fitting out a privateer, shall, before he receives letters patent, or special commission, be obliged to give bond with sufficient sureties, before a competent judge, for a sufficient sum, to answer all damages and wrongs which the owner of the privateer, his officers or others in his employ, may commit during the cruise, contrary to the tenor of this treaty; and contrary to the edicts published by either party, whether by the King of Sweden or by the United States, in virtue of this same treaty, and also under the penalty of having the said letters patent and special commission revoked and made void.
Article XVII
One of the contracting parties being at war and the other remaining neuter, if it should happen that a merchant ship of the neutral power be taken by the enemy of the other party, and be afterwards retaken by a ship of war or privateer of the power at war, also ships and merchandises of what nature soever they may be, when recovered from a pirate or sea rover, shall be brought into a port of one of the two powers, and shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property. Merchants, masters and owners of ships, seamen, people of all sorts, ships and vessels,
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and in general, all merchandises and effects of one of the allies or their subjects, shall not be subject to any embargo, nor detained in any of the countries, territories, islands, cities, towns, ports, rivers or domains whatever of the other ally, on account of any military expedition, or any publick or private purpose whatever, by seizure, by force; or by any such manner; much less shall it be lawful for the subjects of one of the parties to seize or take any thing by force from the subjects of the other party, without the consent of the owner. This, however, is not to be understood to comprehend seizures, detentions and arrests made by order and by the authority of justice, and according to the ordinary course for debts or faults of the subject, for which process shall be had in the way of right according to the forms of justice.
Article XVIII
If it should happen that the two contracting parties should be engaged in a war at the same time with a common enemy, the following points shall be observed on both sides:
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after the twenty-four hours; which sums shall be distributed as a gratification among the crew of the men of wax that shall have made the recapture.
Article XIX
The ships of war of his Swedish Majesty and those of the United States, and also those which their subjects shall have armed for war, may, with all freedom, conduct the prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations; and the said prizes, upon entering the said ports, shall not be subject to arrest or seizure, nor shall the officers of the places take cognizance of the validity of the said prizes,
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which may depart and be conducted freely and with all liberty to the places pointed out in their commissions, which the captains of the said vessels shall be obliged to show.
Article XX
In case any vessel belonging to either of the two states, or to their subjects, shall be stranded, shipwrecked, or suffer any other damage on the coasts or under the dominion of either of the parties, all aid and assistance shall be given to the persons shipwrecked, or who may be in danger thereof; and passports shall be granted to them to secure their return to their own country. The ships and merchandises wrecked, or their proceeds, if the effects have been sold, being claimed in a year and a day, by the owners or their attorney, shall be restored, on their paying the costs of salvage, conformable to the laws and customs of the two nations.
Article XXI
When the subjects and inhabitants of the two parties, with their vessels, whether they be publick and equipped for war, or private, or employed in commerce, shall be forced by tempest, by pursuit of privateers and of enemies, or by any other urgent necessity, to retire and enter any of the rivers, bays, roads or ports of either of the two parties, they shall be received and treated with all humanity and politeness, and they shall enjoy all friendship, protection and assistance, and they shall be at liberty to supply themselves with refreshments, provisions, and every thing necessary for their sustenance, for the repair of their vessels, and for continuing their voyage; provided always, that they pay a reasonable price: and they shall not in any manner be detained or hindered from sailing out of
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the said ports or roads, but they may retire and depart when and as they please, without any obstacle or hindrance.
Article XXII
In order to favour commerce on both sides as much as possible, it is agreed, that in case a war should break out between the said two nations, which God forbid, the term of nine months, after the declaration of war, shall be allowed to the merchants and subjects respectively on one side and the other, in order that they may withdraw with their effects and moveables, which they shall be at liberty to carry off or to sell where they please, without the least obstacle; nor shall any seize their effects, and much less their persons, during the said nine months; but, on the contrary, passports, which shall be valid for a time necessary for their return, shall be given them for their vessels, and the effects which they shall be willing to carry with them. And if any thing is taken from them, or if any injury is done to them by one of the parties, their people and subjects, during the term above prescribed, full and entire satisfaction shall be made to them on that account. The abovementioned passports shall also serve as a safe conduct against all insults or prizes which privateers may attempt against their persons and effects.
Article XXIII
No subject of the King of Sweden shall take a commission or letters of marque for arming any vessel to act as a privateer against the 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 the inhabitants of the said states, from any prince or state whatever, with whom
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the said United States shall be at war. Nor shall any citizen, subject or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque, for arming any vessel to cruise against the subjects of his Swedish Majesty, or any of them, or their property, from any prince or state what. ever with whom his said Majesty shall be at war. And if any person of either nation shall take such commissions or letters of marque, he shall be punished as a pirate.
Article XXIV
The vessels of the subjects of either of the parties coming upon any of the coasts belonging to the other, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or to break bulk, shall not be obliged to do it, but, on the contrary, shall enjoy all the franchises and exemptions which are granted by the rules subsisting with respect to that object.
Article XXV
When a vessel belonging to the subjects and inhabit, ants of either of the parties, sailing on the high sea, shall be met by a ship of war or privateer of the other, the said ship of war or privateer, to avoid all disorder, shall remain out of cannon shot, but may always send their boat to the merchant ship, and cause two or three men to go on board of her, to whom the master or commander of the said vessel shall exhibit his passport, stating the property of the vessel; and when the said vessel shall have exhibited her passport, she shall be at liberty to continue her voyage; and it shall not be lawful to molest or search her in any manner, or to give her chase, or force her to quit her intended course.
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Article XXVI
The two contracting parties grant mutually the liberty of having each in the ports of the other, consuls, vice consuls, agents and commissaries, whose functions shall be regulated by a particular agreement.
Article XVII
The present treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of eight months, or sooner if possible, counting from the day of the signature.
In faith whereof, the respective plenipotentiaries have signed the above articles, and have thereunto affixed their seals.
Done at Paris, the third day of April, in the year of our Lord, one thousand seven hundred and eighty-three.
(Signed)
Gustav: Philip, Comte de Creutz. [L. S.]
B. Franklin. [L. S.]
Separate Article
The King of Sweden and the United States of North America agree, that the present treaty shall have its full effect for the space of fifteen years, counting from the day of the ratification; and the two contracting parties reserve to themselves the liberty of renewing it at the end of that term.
Done at Paris, the third day of April, in the year of our Lord, one thousand seven hundred and eighty-three.
(Signed)
Gustav : Philip, Comte de Creutz. [L. S.]
B. Franklin. [L. S.]
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Separate Articles
ARTICLE I
His Swedish Majesty shall use all the means in his power to protect and defend the vessels and effects belonging to citizens or inhabitants of the United States of North America, and every of them, which shall be in the ports, havens, roads, or on the seas near the countries, islands, cities and towns of his said Majesty, and shall use his utmost endeavours to recover and restore to the right owners, all such vessels and effects which shall be taken from them within his jurisdiction.
ARTICLE II
In like manner the United States of North America shall protect and defend the vessels and effects belonging to the subjects of his Swedish Majesty, which shall be in the ports, havens or roads, or on the seas near to the countries, islands, cities and towns of the said states, and shall use their utmost efforts to recover and restore to the right owners, all such vessels and effects which shall be taken from them within their jurisdiction.
ARTICLE III
If in any future war at sea, the contracting powers resolve to remain neuter, and as such, to observe the strictest neutrality, then it is agreed, that if the merchant ships of either party should happen to be in a part of the sea where the ships of war of the same nation are not stationed, or if they are met on the high sea, without being able to have recourse to their own convoys, in that case, the commander of the ships of war of the other party, if required, shall, in good faith and sincerity, give them all necessary assistance; and in such case, the ships of war and frigates of either of
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the powers shall protect and support the merchant ships of the other; provided nevertheless, that the ships claiming assistance are not engaged in any illicit commerce contrary to the principles of the neutrality.
ARTICLE IV
It is agreed and concluded that all merchants, captains of merchant ships, or other subjects of his Swedish Majesty, shall have full liberty in all places under the dominion or jurisdiction of the United States of America, to manage their own affairs, and to employ in the management of them whomsoever they please; and they shall not be obliged to make use of any interpreter or broker, nor to pay them any reward unless they make use of them. Moreover, the masters of ships shall not be obliged, in loading or unloading their vessels, to employ labourers appointed by publick authority for that purpose; but they shall be at full liberty themselves to load or unload their vessels, or to employ in loading or unloading them whomsoever they think proper, without paying reward under the title of salary to any other person whatever; and they shall not be obliged to turn over any kind of merchandises to other vessels, nor to receive them on board their own, nor to wait for their lading longer than they please; and all and every of the citizens, people and inhabitants of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all places under the jurisdiction of the said realm.
ARTICLE V
It is agreed, that when merchandises shall have been put on board the ships or vessels of either of the contracting parties, they shall not be subjected to any examination; but all examination and search must be
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before lading, and the prohibited merchandises must be stopped on the spot before they are embarked, unless there is full evidence or proof of fraudulent practice on the part of the owner of the ship, or of him who has the command of her; in which case only, he shall be responsible and subject to the laws of the country in which he may be. In all other cases, neither the subjects of either of the contracting parties, who shall be with their vessels in the ports of the other, nor their merchandises, shall be seized or molested on account of contraband goods, which they shall have wanted to take on board, nor shall any kind of embargo be laid on their ships, subjects or citizens of the state whose merchandises are declared contraband, or the exportation of which is forbidden; those only who shall have sold or intended to sell or alienate such merchandise being liable to punishment for such contravention.
Done at Paris, the third day of April, in the year of our Lord, one thousand seven hundred and eight-three.
(Signed)
Gustav: Philip, Comte de Creutz. [L. S.]
B. Franklin.[L. S.]
Now be it known, Thatwe, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the said treaty, and every article and clause thereof. And we do authorise and direct our minister plenipotentiary aforesaid to deliver this our act of ratification in exchange for the ratification of the said treaty by his Majesty the King of Sweden.
In testimony whereof we have caused our seal to be hereunto affixed. Witness his Excellency Elias Boudinot, President, this twenty-ninth day of July, one thousand
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seven hundred and eighty-three, and of our sovereignty and independence, the eighth.1
[Note 1: 1 This translation of the treaty is taken from the printed Secret Journal, Foreign Affairs. The preamble and the last two paragraphs are also in the Public Journal.
The form of ratification, together with a form of a proclamation of the treaty, in the writing of James Madison, is in the Papers of the Continental Congress, No. 29, folio 323. According to the indorsement, and the record in Committee Book No. 186, it was the report of Mr. [James] Madison, Mr. [Stephen] Higginson and Mr. [Alexander] Hamilton, who were appointed a committee on June 18, to consider a letter of April 15, from Dr. Franklin, and the Treaty of Commerce with Sweden. The report was delivered July 24, entered and read. See post, September 25.]
On motion of Mr. [James] Duane, seconded by Mr. [Samuel] Holten,
Resolved, That Dr. Franklin, minister plenipotentiary of these United States for concluding a treaty with the King of Sweden, be, and he hereby is instructed and fully empowered, to obtain amendments of the following inaccuracies in the commercial treaty with his said Majesty this day ratified, namely, United States of North America, for "United States of America," the counties of New Castle, Kent and Sussex on Delaware, for "Delaware;" and to enter into the necessary instruments and stipulations for that purpose.2
[Note 2: 2 This motion, undated, in the writing of James Duane, is in the Papers of the Continental Congress, No. 36, IV, folio 415. This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
The committee, consisting of Mr. [Theodorick] Bland, Mr. [Stephen] Higginson and Mr. [James] McHenry, to whom was referred a report of the Superintendant of finance, on the last paragraph of the report of the committee under debate on the 11 instant, having reported the following resolution:
That they are of opinion that the expence of a publication expressive of the manner in which notes issued by the Supt. of Finance are directed to be taken up, and the other arguments urged by the said Superint. against such publication, ought not to come in competition with that General information proposed in the resolution of the 11th. of July, which would place the original proprietors of said notes and the buyers thereof on equal ground, and therefore submit the following resolution:
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That the Superintendant of finance be directed forthwith to publish so much of his instructions to the receivers of the continental revenue, as relates to their being instructed and authorised to fake all notes signed by the Superintendant of finance, in payment of the taxes; and also to take up all such notes whenever rendered, if they have public money in their hands.1
[Note 1: 1 This report, in the writing of Theodorick Bland, is in the Papers of the Continental Congress, No. 19, IV, folio 409.]
A motion was made by Mr. [James] McHenry, seconded by Mr. [Hugh] Williamson, that the consideration of the foregoing report be postponed, in order to take up the following motion:
That the Superintendant of finance be directed to lay before Congress his instructions to the receivers of continental taxes in the United States, which direct the receipt of his notes or those of Mr. Hillegas, in payment of taxes, or the receiving the same in exchange for money.
And on the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Stephen] Higginson,
{table}
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So the question was lost.
A motion was then made by Mr. [Abraham] Clark, seconded by Mr. Williamson [David] Howell, after the words, "to take up such notes," to add, "as they become due."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Stephen] Higginson,
{table}
So the question was lost.
The Committee [consisting of Mr. Arthur Lee, Mr. Stephen Higginson, and Mr. David Howell] to whom the copy of a letter from the Secy. at War to the Superintendant of Finances dated July 18th 1783, with the Superintendant's answer of the 21st. July beg leave to report,
That it does not appear to them proper, either in policy or oeconomy to sell the Public Stores for which magazines were ordered to be erected in the State of Virginia, because it would leave a large part of these U. S. unprovided with arms, artillery and ammunition, and it is not probable that, at this time, any adequate price could be obtained for such articles.
That it seems to be indispensible to the public defence that magazines should be provided for the security and preservation of the said stores, and as the Superintendant of Finance has declared his
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inability to furnish money for this necessary work, the committee recommend submit the following resolutions:
Resolved, That it be recommended to the Executive of the State of Virginia to supply the Secretary at War with five hundred pounds current money for immediate expenditure in erecting magazines for the military stores of the U. S. in the said State; and to deduct the said sum out of the quotadue fromof the State of Virginia on the Requisition of 1782.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 27, folio 235. The indorsement states that it was delivered this day and read and the entry in Committee Book No. 186 shows that the committee was appointed July 28. The letter of the Secretary at War, dated July 28, is in No. 149, III, folio 95, and his correspondence with the Superintendent of Finance on 89--93.]
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