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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 --MONDAY, SEPTEMBER 29, 1783
On the report of a committee, consisting of Mr. [Abraham] Clark, Mr. [Thomas] Fitzsimmons and Mr. [Benjamin] Hawkins, to whom was referred a memorial of Mark Bird, requesting that the chain made for the defence of Hudson's river, may be delivered to him at a reasonable price:
The Committee consisting of Mr [Abraham] Clark, Mr [Thomas] Fitzsimons and Mr [Benjamin] Hawkins, to whom were referred the memorial of Mark Bird report,
That as the memorialist having a demand upon being a creditor of the United States may obtain a settlement of his accounts in common with others under similar circumstances, it is unnecessary to give any particular order in his behalf.
With respect to the chain made for the defence of Hudson's river, your Committee are of opinion it will be improper to dispose of the same at this time; should such a measure be judged proper hereafter the product of such sale ought to be for general use, and not for the benefit of any particular creditor.3
[Note 3: 3 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 19, I, folio 363.]
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Resolved, That it is improper at this time to dispose of the chain made for the defence of Hudson's river.
On motion of Mr. [Daniel] Carroll, seconded by Mr. [John Francis] Mercer,
Resolved, That the injunction of secrecy in the late dispatches be taken off, excepting on such parts as have relation to subjects heretofore under an injunction of secrecy or desired to be kept secret by any of our Ministers.1
[Note 1: 1 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
On the report of a committee, consisting of Mr. [Elbridge] Gerry, Mr. [Arthur] Lee and Mr. [Daniel] Carroll, to whom was referred a motion of Mr. [Elbridge] Gerry,
Resolved, That the minister or ministers for negotiating peace in behalf of the United States, be, and they are hereby instructed to negotiate an explanation of the following paragraph of the declaration acceded to by the ministers plenipotentiary of the United States, the 20 January, 1783, relative to captures, viz. "That the term should be one month from the Channel and North sea, as far as the Canary islands inclusively, whether in the Ocean or the Mediterranean."
and that a a copy of the Memorial from a number of merchant--of Boston and the neighboring seaports, on the subject of this resolve, be transmitted to the said minister or ministers.
Ordered, That a copy of the above instruction be sent to the court of appeals, and to the executives of the several states respectively.2
[Note 2: 2 This report, in the writing of Elbridge Gerry, except the last paragraph, which is in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, II, folio 251. The resolution and order were also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.]
N. B.--The foregoing resolution, together with the substance of the resolutions which passed on the 29 September and first of October, were reduced by a committee into the form of Instructions, which were agreed to on the 29 October, saving that the instruction
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for immediately stopping all further loans was suspended and recommitted, that the committee might confer thereon with the Superintendant of finance.1
[Note 1: 1 This paragraph was entered only in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. From this point to the end of the day the proceedings 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] Duane, Mr. [John] Rutledge, Mr. [Thomas] Fitzsimmons, Mr. [Elbridge] Gerry and Mr. [Stephen] Higginson, appointed to consider the late despatches from the ministers of the United States at foreign courts, and to report what measures are necessary to be taken thereon, reported as follows:
Whereas it appears from Mr. Adams's letters of the 23d of June, and 14th and 18th of July, from the ministers' joint letter of the 27th, and Dr. Franklin's of the 22d July, that the Court of Great Britain has discovered great jealousy upon the subject of American commerce; and the truth of this fact seems to be clearly evinced by two proclamations of his Britannick Majesty of theand thethe first of which restrains the importation of the produce of any of the United States to vessels belonging to Great Britain, and navigated according to her laws, or to vessels belonging to the state of which the cargo is the produce; and the latter, when taken in conjunction with her subsisting trade laws, absolutely prohibits American vessels or subjects from trading to the British islands or colonies:
And whereas these regulations are highly injurious to the welfare and commerce of these United States, and peculiarly so to the eastern states, as the article of fish is excluded from those which are to be admitted on any condition: for if these restrictions are continued, and the vessels of each of the American states are confined
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in the importation into Great Britain to the products of that state only, the intercourse between the states will not only be straitened, but a great part of the carrying trade, which arises from the exportation of American produce to England, will be engrossed by the subjects of that kingdom, and a very important branch of our commerce thereby lost. And although the Court of France hath not yet explicitly disclosed her intentions with respect to our future intercourse with her Colonies, there is too much reason to apprehend that she will restrain it to those articles of import and export which do not interfere with her own exports or consumption, and which are in fact of very inconsiderable value:
And whereas it is of importance to counteract these systems so injurious to the United States; and this can only be done by delegating a general power for regulating their commercial interests: Whereupon,
Resolved, That a committee be appointed to prepare an address to the states upon the subject of commerce, stating to them the regulations which are prevailing in Europe, the evils to be apprehended therefrom, and the steps proper to be taken to guard against and to counteract them.
The members--Mr. [Thomas] Fitzsimmons, Mr. [James] Duane and Mr. [Arthur] Lee.
The committee having further reported as follows:
Whereas it appears that in those despatches, and particularly in Mr. Adams's letter of the 18th of July, a sentiment is earnestly inculcated, which is indeed obvious in itself, that the union requires additional support from its members; and that if the United States become respectable it must be by means of more energy in government: for as some of the nations of Europe do not yet perceive this important truth,
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that the sphere of their own commerce will be eventually enlarged by the growth of America, but on the contrary, manifest a jealousy of our future prosperity, it becomes the United States seriously to consider their own interests, and to devise such general systems and arrangements, commercial or political, as our own peculiar circumstances may from time to time require: Thereupon,
Resolved, That a special committee be appointed to take this important subject under deliberation, and report the result to Congress.
The members--Mr. [Thomas] Fitzsimmons, Mr. [James] Duane and Mr. [Arthur] Lee.1
[Note 1: 1 These two reports, in the writing of a clerk, are in the Papers of the Continental Congress, No. 24, folio 95. According to the record in Committee Book No. 186, this committee was appointed September 26, and reported October 9.]
The committee having further reported,
And whereas it appears from Mr. Adams's despatches ofand Doctor Franklin's of the 22d July, that propositions for entering into treaties of amity and commerce with these United States have been made to our ministers by the King of Denmark, the Court of Portugal, the Emperor of Germany, the King of Prussia, the Grand Duke of Tuscany, and the Court of Spain; and that many of the other powers of Europe discover a like disposition: Thereupon,
Resolved, That a committee be appointed to consider this subject; and whether the transmission of general outlines of treaties with those several powers, or instructions to our ministers as to the principles of such treaties, be most expedient; and to devise and report such outlines or instructions accordingly.
The members--Mr. S[amuel] Huntington, Mr. [James] Duane and Mr. [Arthur] Lee.2
[Note 2: 2 According to the record in Committee Book No. 186, this committee was appointed September 26, and reported as to a treaty with Denmark, on October 22.]
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The committee further reported, that instructions be transmitted to the ministers whom it concerns, immediately to stop all further loans in Europe.
That representations be made to the Court of Denmark for obtaining compensation for the prizes sent into Bergen by the Alliance frigate.
That inquiry be made why the expedition of the Alliance and Bon Homme Richard, &c. was carried on at the expence and on account of the Court of France; and whether any part of the profit arising therefrom accrued to the United States; or any of the expense thereof placed to their account; and whether the proceeds of any of the prizes taken in that expedition, and which is due to the American officers and seamen employed therein, is deposited in Europe, and in whose hands, and to what amount.
That the ministers of these United States be instructed to encourage overtures for treaties of amity and commerce from the respectable and commercial powers of Europe, upon terms of the most perfect reciprocity, and subject to the revisal of Congress previous to their ratification: Whereupon,
Resolved, That these several subjects be referred to a special committee to report thereon proper instructions to the ministers of these United States.
The members--Mr. S[amuel] Huntington, Mr. [Arthur] Lee and Mr. [James] Duane.1
[Note 1: 1 According to the record in Committee Books No. 186 and No. 191, this committee was appointed September 29, and delivered a report October 22, which was acted upon, October 29.]
Ordered, That the instructions last given by Congress to Mr. Dana, with respect to the armed neutrality, be transmitted to the rest of our ministers in Europe for their information and government.
Resolved, That Congress do approve the intentions of the ministers for negotiating a peace to adopt the
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provisional treaty as the substance of the definitive treaty, if no additional articles or explanations beneficial to the United States are likely to be soon obtained.
Resolved, That the thanks of Congress be given to the reverend Doctor Wren, for his humane and benevolent attention to the citizens of these United States who were prisoners at Portsmouth in Great Britain during the war.1
[Note 1: 1 On this date, as the indorsement shows, was read a letter of September 26 from Richard Varick, relative to his compensation. It was referred to Mr. [Abraham] Clark, Mr. [Theodorick] Bland and Mr. [James] McHenry. It is in the Papers of the Continental Congress, No. 78, XXIII, folio 203. Committee Book, No. 186, states that the committee reported October 1, and Committee Book, No. 191, that the report was acted upon October 30.]
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