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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, OCTOBER 22, 1783
In pursuance to the orders of the 18 and 19 of August, the Superintendant of finance transmitted to Congress,
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[Note 1: 1 The estimates enumerated here are to be found in the Paper, of the Continental Congress, No. 144, folios 133, 140, 147, 151--167. They were enclosed in a letter of October 18, from Joseph Nourse, which is on folio 136, and were transmitted to Congress by Morris, in a letter dated October 21. Morris's letter is on folio 145. The estimates were entered in No. 12, Book of Estimates, and not in the Journal.]
On the report of a committee, consisting of Mr. [James] Duane, Mr. [William] Ellery and Mr. S[amuel] Huntington, to whom was referred a motion for transmitting copies of the preliminary articles of peace to the respective states;
Resolved, That an exemplification of the provisional articles for restoring peace between the United States of America and Great Britain, and of the act of ratification thereof by the United States, be transmitted to each of the respective states.2
[Note 2: 2 This resolution was also entered in the manuscript Secret Journal, Foreign Affairs.]
And your committee submit the annexed draft of a circular letter to accompany the same.
CIRCULAR.
In Congress Princeton 1783.
Sir.
Firmly persuaded that the honor and interest prosperity of the United States must depend on a faithful performance of every national engagement and eminently so, of treaties with Foreign powers, Congress would consider with deep regret any act which might render it impracticable to give a just efficacy to the provisional articles for the restoration of peace, which are expressly stipulated to be inserted in the Definitive treaty. They have therefore directed exemplifications of those provisional articles, and their own ratification thereof to be transmitted to the respective states. This communication is rendered the more necessary as by late advices from the ministers of the United States at the Court of Versailles it appears to be their opinion that it is the most fair and true construction of the 6th Article that it relates to the date of the cessation of hostilities, which date (they observe) is the time when peace in fact took place in consequence of prior informal tho' binding contracts to terminate
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the war. The definitive treaty they conceive was only giving the dress of form to those contracts and not as constituting their obligation. Congress however conceive it would be premature to send forward the recommendation stipulated by the said articles until the exchange of the ratification thereof by the Court of Great Britain shall be formally announced or at least till the British forces shall be withdrawn from the United States.
I am with great respect
Your Excellency's most obedient humble servant.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 29, folios 331--333. The following, without date, in the writing of James Madison, is on folio 335:
"That as an exemplification of the articles, concluded on theday ofbetween the Minister Plenipo. of the United States and the King of G. B. as ratified by Congress on theday ofbe transmitted to each of the states and that they be informed that Congress deem it indispensable to the honor of the Confederacy, and to the principles of good faith, that every act within the states respectively should be forborne which may tend to render any of the stipulations in the said articles hereafter impracticable on the part of the U. S."]
His Excellency.
The committee, consisting of Mr. [James] Duane, Mr. [Daniel] Carroll and Mr. [Richard] Peters, to whom was referred a motion of Mr. [Richard] Peters, together with an application of the legislature of Pensylvania, relative to the purchase of the Indian claim of land within the jurisdiction of that State; report,
That it appears to them, that the application of the legislature of Pensylvania, relative to a treaty for the purchase of the Indian claim to lands within the jurisdiction of that State, proceeded from a respectful attachment to the federal government, and a desire to guard against prejudices which might arise from the interference of their own particular views with the authority of the United States: That the public interest might have been deeply affected by a negotiation for such purchase independent of, and unconnected with the general treaty to be holden on behalf of the United States. For, in the opinion of the committee, the idea of a division of councils, of separate interests, and a competition in purchase which two distinct treaties must have impressed on the minds of the Indians, could not but
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have had a tendency to diminish the dignity and authority of our government in their estimation, and expose both the United States and the individual State to unreasonable and extravagant impositions, and our public councils to great embarrassments. The committee, therefore, think it proper that it should be
Resolved, That the commissioners for holding the convention with the Indians under the act of the 15 day of October instant, give notice to the supreme executive of the State of Pensylvania, of the time and place of holding such treaty, to the end, that the persons to be appointed by that State, for purchasing lands within the limits thereof, at the expence of the said State, may attend at the time and place appointed for holding the said treaty: and the commissioners on the part of the United States, are instructed to give every aid in their power, to the commissioners on the part of Pensylvania, in such manner as will best promote the object which the said State shall have in view, and not be incompatible with the national interests which the United States propose by the said treaty.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 20, II, folio 165.]
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell, to strike out the words "and not be", before incompatible, and in lieu thereof to insert, "provided nothing shall be done by virtue of this resolve":
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So the question was lost.
On the question to agree to the report of the committee, the yeas and nays being required by Mr. [John] Montgomery,
{table}
So the question was lost.
The Committee [Mr. Hugh Williamson, Mr. Abraham Clark and Mr. Theodorick Bland] to whom was referred the memorial of J. Lucas of May 19th 1783 respecting the settlement of his accounts submit the following resolves:
That the Superintendent of Finance cause the accounts produced by Mr Jno. Lucas who was appointed by the State of Massachusetts to examine the claims of wounded soldiers and seamen in the service of the U.S. to pensions in pursuance to certain resolutions of Congress of the 26th of August 1776 to be settled so far as respects advances made to such wounded soldiers and seamen according to such resolutions
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in order that the State of Massachusetts may be credited for the same;
And with respect to compensation claimed by Mr Lucas, the Committee are not possessed of any data from which they might estimate the value of his services; but they are informed that in most of the States the duty humane office performed by Mr Lucas has been discharged by the respective Executives without making any charge against the U.S. Wherefore your Committee submit the following Resolve:
That it be recommended to the State of Massachusetts to make such compensation to Mr John Lucas, as they may think him entitled to for his services in attending to the claims of wounded soldiers and seamen.1
[Note 1: 1 This report, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 19, III, folio 617. The indorsement shows that it was delivered and read on this day.]
The Committee consisting of Mr S[amuel] Huntington Mr [Arthur] Lee, and Mr [James] Duane to whom the plan of a treaty with Denmark was referred, beg leave to Report,
That having examined the proposed plan they do not find it contravene any treaty of Commerce now subsisting between the U.S. and any other power.
But they find that the reciprocity and equality which should be the basis of the Treaty are not preserved in reality tho [they] are in appearance in the 2nd and 3d articles which are the most material as stipulating the extent and modification of our commercial rights under the proposed Treaty. In these articles it is proposed, that the Citizens and subjects of the contracting parties respectively, shall have free access to the Country and Harbours of each other, there to reside and traffic in all sorts of merchandize and goods, the importation or exportation of which is not or shall not be hereafter prohibited, and in all places where the navigation or commerce are not or shall not be reserved to the Citizens or inhabitants alone of the respective Powers. Now, as there are no places in the U.S. where such restrictions prevail and there are many such under the dominion of Denmark such as Iceland, Greenland, Finmarsen, Ferro, Tranquebar, St. Croix, St. Thomas and St. Johns, it is plain that the exception can operate only against the Citizens and subjects of the United States and consequently that it is not reciprocal nor equal.
Your Committee observe that the Minister of the King of Denmark took exception upon the same ground to the stipulation proposed on our part, that the Citizens and subjects of the contracting powers should mutually enjoy all the privileges and exemptions which are
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granted to the most favored nations, because there being no favored nation in the commerce of the U.S. and there being such in that of Denmark there was no reciprocity in the stipulation.
It appears to your Committee that the places mentioned above are by far the most important in the commerce of the U.S. with the Kingdom of Denmark and the dominions thereunto belonging, so that the Danish Minister proposes in the explanation of his plan, that after the conclusion of the general Treaty, a particular convention shall be made for trading with the West India Islands; But your Committee think that these objects might be better obtained by altering the 2nd and 3rd articles in the manner following.
Article 2d.
The subjects of his Majesty the King of Denmark and Norway shall have free access to the Countries, Islands, Ports, and Harbours of the U.S. there to reside and traffic in all sorts of goods and merchandize--the importation or exportation of which are not, or shall not be prohibited, and they shall pay in the Ports, Havens, Harbours, Countries, Islands, Cities or Towns of the U.S. or any of them, no other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the citizens of the U. S. themselves pay; and they shall enjoy all the rights liberties, privileges, immunities and exemptions in trade navigation and commerce,whether in passing from one Port in the said States to another, or in going to or from one Port in the said States to another, or in going to or from the same from and to any part of the world which the said citizens enjoy. And the said subjects of Denmark shall conform themselves to the Laws and Ordinances which are or shall be made relative to trade and commerce within the U.S. not contravening this Treaty, in like manner as the Citizens of the said U.S. are bound to observe them.
Article 3rd.
The Citizens and Inhabitants of the U.S. shall have free access to the Countries, Islands, Ports, and Harbours belonging to or under the dominion of the Crown of Denmark there to reside and traffic in all sorts of goods and merchandize, the importation or exportation of which are not or shall not be prohibited, and they shall pay in the Ports, Havens, Harbours, Countries, Islands, Cities or Towns of the Kingdom of Denmark and the dominions thereunto belonging, or any of them, no other or greater duties or imposts of what nature soever they may be or by what name soever called, than those which the subjects of the Crown of Denmark themselves pay, and they shall
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enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce whether in passing from one port in the said States to another, or in going to or from the same, from and to any part of the world which the said subjects enjoy. And the said Citizens of the U.S. shall conform themselves to the Laws and Ordinances which are or shall be made relative to trade and commerce with the Kingdom of Denmark and the Territories thereunto belonging, not contravening this Treaty, in like manner as the said subjects are bound to observe them.1
[Note 1: 1 This report, in the writing of Arthur Lee, is in the Papers of the Continental Congress, No. 25, II, folio 315. The indorsement states that it was delivered on this day, entered and read. According to the record in Committee Book No. 191, it was taken up in December by the committee on the letters from Ministers at Paris.
Also, was read a letter of August 25 from Governor Lyman Hall of Georgia relative to payment of debts and representation. It is in No. 73, folio 307.]
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