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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 --FRIDAY, SEPTEMBER 19, 1783
The committee, consisting of Mr. [James] Madison, Mr. [John Francis] Mercer and Mr. [James] Duane, to whom was referred the report of the committee, on the letter of the 11 July, from the legislature of Massachusetts, brought in a report, which was taken into consideration, and the following paragraph being under debate: "And resignations so general as to threaten the dissolution of a corps, on whose military experience the public safety, in the judgment of the Commander in Chief, greatly depended;" a motion was made by Mr. [David] Howell, seconded by Mr. [William] Ellery, to strike out the words, "in the judgment of the Commander in Chief:" And on the question, shall those words stand, the yeas and nays being required by Mr. [James] McHenry,
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So it was resolved in the affirmative.
On the consideration of the paragraph in which is the following sentence: "But if the objections against the commutation were ever so great, yet as it is not now under the arbitration of Congress, but an act constitutionally and finally adopted;" a motion was made by Mr. [David] Howell, seconded by Mr. [Silas] Condict, to strike out the words, "constitutionally and;" and on the question, shall those words stand, the yeas and nays being required by Mr. [Theodorick] Bland,
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So the question was lost, and the words were struck out.1
[Note 1: 1 From this point the entries in the Journal are by George Bond.]
The Committee consisting of Mr [James] Duane [Mr. John Rutledge, Mr. Thomas FitzSimons, Mr. Elbridge Gerry and Mr. Stephen Higginson] appointed to consider the dispatches from the ministers of the United States at Foreign Courts, and to report what measures axe necessary to be taken thereupon, submit the following report:
That Mr Adams's letter of the 27th of June 1783 respects a Commercial Treaty with Great Britain, and the propriety of appointing a minister for these United States at that Court.
That his other letter of the same date states his idea of the policy of adopting the provisional Treaty for the definitive Treaty in case no new arrangements can be obtained to the advantage of the United States.
That his letter of the 3rd of July respects the Commerce of the United States with the West India Islands
That his letter of the 7th of July is on the subject of the armed neutrality.
His letter of the 12th of July relates to a commercial Treaty with Portugal, and the propriety of sending a Minister to that Court.
His letter of the 13th mentions Mr Dana's negotiations with Russia and the prospect of concluding a commercial Treaty with that Court, when the Definitive Treaty with Great Britain shall be signed.
In another letter of the same day he mentions the treaty in contemplation with the Emperor of Germany.
That Mr Adams's letters of the 14th and 18th of July point out the restraints on our commerce to the British and French West India Islands, and give his opinion of the views and policy of those Courts with respect to that Commerce, and the means by which they may be counteracted viz. by Treaties with other Commercial Powers, and by a good foederal Government, &c.
That Mr Jay's letter of June 1. expresses his desire that Mr Carmichael may be directed to repair to Paris with the necessary papers to settle the publick accounts of the monies received in Spain with Mr Barclay, &c.
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In his letter of the 20th of July, he asks for leave to go to Bath for his health, and gives his opinion respecting American Consuls.
All the Ministers at Versailles in their Joint letter of the 18th of July give their opinion of the force of the provisional Treaty.
Dr Franklin in his letter of the 22nd July refers to the following subjects: Prizes taken by the Alliance and sent into Denmark. Treaties with several Powers in Europe, making them in the first instance by the ministers subject to the revisal and alteration of Congress. Giving him leave to return home after the Definitive Treaty. Future Loans. Mr Wren who has shewn great humanity to our prisoners in England. The Treaty with Denmark.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 25, II, folio 257. According to the indorsement, it was delivered on this day, read and entered. The following letters from the Ministers at Foreign Courts are printed in the Diplomatic Correspondence of the American Revolution (Wharton) VI: Adams's two letters of June 27, 1783, on pages 504 and 506; his letter of July 3, on page 510; that of July 7, on page 517; July 12, on page 537; the letter of July 13, relative to treaty with Germany, on page 538; two letters of July 14 and one of July 18, on pages 540, 543, and 560. Jay's letter of June 1 is on page 464, and that of July 20 on page 576. The joint letter of Adams, Franklin, and Jay, July 18, is on page 566; and Franklin's letter of July 22, on page 580. See post September 25 and September 29.]
In Congress 18th September 1783.
The Committee consisting as above, appointed to receive Communications from the honorable the Minister Plenipotentiary of France agreeably to his request, Report that your Committee having appointed the Congress Chamber at 6 o'clock to receive the communications of the said Minister, they were accordingly attended by him. That the substance of the said communications is as follows:
That he is informed by his Court, 21 July, 1783, Count de Vergennes dispatches to Chevr. de la Luzerne Minister of France, that it is difficult to determine when a definitive Treaty will be concluded. That France agrees perfectly with England, on every point respecting their Treaty. That the same may be said of Spain. But that that Power as well as France, attached to the true principles by which negotiations of such importance ought to be regulated, will not sign but in Concert. That Holland had not yet settled her arrangements, but
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it will be soon done; they have also determined not to sign but in Concert. That therefore the negotiations are retarded by nothing but the American Treaty which seems to be in a state of languor, occasioned as the Court has reason to think, by the English Plenipotentiary. That it seems that the Americans by admitting too precipitately English vessels in their ports have deprived themselves of a powerful weapon to induce England to a conclusion of the Treaty. By a continuation of the former prohibitory Laws until the final settlement of peace it is probable that they would have furnished the most pungent arms to the party who sincerely wishes that the treaty with America might be concluded. However, the Court is disposed to believe, that it will not be much delayed. That Congress may be assured that the Definitive Treaty will not be signed but in conjunction with America. That the American Plenipo. had asked the advice of Count do Vergennes, respecting the mediation of the two Imperial Courts. That he had observed to them that these Courts having never offered their mediation to Congress, they were equally entitled at liberty either to claim or to decline it. That he did not know then which part they would take. In his opinion the easiest would be for them to negotiate without the interference of any foreign Power. That the Court had in view the Commerce of the United States, and had ordered a diminution of the duty on the Salt and that the same regulation would take place with respect to Brandy. That his Majesty had declared L'Orient a Free Port, because it is the Port which the Americans have preferred to any other.
The above is the substance of the Communications made to the Committee the 18th September, 1783.
James Duane, Ch.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 25, II, folio 295. The indorsement states that it was delivered on this day and read, and referred to Mr. S[amuel] Huntington, Mr. [James] Duane and Mr. [James] Madison. According to the indorsement, and the record in Committee Books No. 186 and No. 191, a letter of September 15, from the Superintendent of Finance, with enclosures relating to a new loan and to the account of the Farmers General, was read this day, and referred to the same committee. It is in No. 137, III, folio 99. Reports were delivered September 27 and October 7, and acted upon October 2 and November 1.]
[Motion of Mr. Elbridge Gerry and Mr. Theodorick Bland Sept. 19, 1783.]
It appearing by the copy of a letter from the Count de Vergennes to the Chevalier La Luzerne of the 10th of March last, communicated
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by the Chevalier to Congress, that "Mr Franklin on his part in obedience to the order of Congress, implored the assistance of the King their Ally and Father,"
Resolved, That the Minister of the United States at the Court of France be informed, that it is not only the wish but the determination of Congress to do every honor in their power to his Most Christian Majesty their great and good ally, but at the same time they disapprove of the use of any terms or measures that hold up the idea of their dependance on any foreign power as their Father, it being inconsistent with the dignity of the United States.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 239. It was presented this day, as the indorsement indicates.]
The Superintendant of Finance to whom was referred a letter from him of the twenty-seventh of August 1783, to Mr. Bland, and Mr. Bland's motion of the eighth of September 1783 together with Mr H. Armstead's bond and certificate respecting bills of exchange lost with order to report a general regulation for the relief of persons in a similar situation with Mr. Armistead, begs leave to report, the following resolution:
That all claims against the United States for bills of exchange lost or destroyed be adjusted at the Treasury in the usual manner, and that upon receipt of the proper certificate from the Comptroller the Superintendant of Finance Board of Treasury take order to pay the amount to the party to whom the same shall appear to be due.
Office of Finance 13th. Septem. 1783.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 137, III, folio 85. The indorsement indicates that it was delivered on this day, read and entered; and on September 19, 1786, filed.
Also, a memorial of James Taylor for himself and others, owners of the ship Aurora. It is in No. 137, III, folio 419, and was referred to Mr. [Abraham] Clark, Mr. [Thomas] FitzSimons and Mr. [Hugh] Williamson and the Committee instructed "to examine whether any provision now exists for settling the accounts of the secret and commercial committees and in case no such provision be found to exist to report a proper one." According to Committee Book, No. 186, the committee was renewed December 18, the memorial being referred on that date to Mr. [Hugh] Williamson, Mr. [Cadwalader] Morris and Mr. [David] Howell, together with a letter of September 20 from the Superintendent of Finance. On January 21, 1784, this committee was discharged, and the Taylor memorial and other papers referred to Mr. [David] Howell, Mr. [Jeremiah Townley] Chase and Mr. [Arthur] Lee.
Also, a letter of September 19 from General Washington, respecting the officers of General Du Portail's corps; the clothing of the troops at West Point; and the case of the furloughed troops; and enclosing copies of letters from Du Portail and Knox. It is in No. 152, XI, folio 487. It was referred to Mr. S[amuel] Huntington, Mr. [Elbridge] Gerry and Mr. [James] Duane.]
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