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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, MAY 7, 1784.

Journals of the Continental Congress, 1774-1789
FRIDAY, MAY 7, 1784.

Congress assembled: Present, eleven states as yesterday.

The question being taken on the question which was yesterday postponed by the State of New York.

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So it passed in the negative.

A motion was then made by Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson, to reconsider the resolution passed yesterday, for restricting the salary of a foreign minister to the sum of eight thousand dollars, for the purpose of amending it, by changing eight into nine: And on the question to reconsider for the purpose above-mentioned, the yeas and nays being required by Mr. [David] Howell.

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So it was resolved in the affirmative.

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A motion was then made by Mr. [Elbridge] Gerry, seconded by Mr. [Hugh] Williamson, to strike out the word "eight," and insert the word "nine:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [James] Wadsworth,

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So it was resolved in the affirmative.

On the question to agree to the resolution as amended,

Resolved, That from the first day of August next, the salary of a Minister of the United States at a foreign court, shall not exceed nine thousand dollars per annum.

A motion was then made by Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Hardy, that Congress proceed in the order of the day, to the election of Secretary for foreign Affairs.

A motion was made by Mr. [David] Howell, seconded by Mr. [William] Ellery, to postpone that business, in order to take up the following:

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That from the first day of August next, the salary of a Secretary for foreign affairs, shall not exceed three thousand dollars per annum.

And on the question to postpone for the purpose above-mentioned, the yeas and nays being required by Mr. [David] Howell,

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So it passed in the negative.

Thereupon, Congress proceeded to the election, and being this day informed by a letter of the 9 of March last, from the hon. Dr. Franklin, that the hon. Mr. J. Jay, proposed to embark for America, in the month of April, and this information corresponding with the intelligence communicated to Congress by Mr. Jay himself, in his letters of last year, Mr. Jay was put in nomination; and, the ballots being taken,

The hon Mr. John Jay was elected Secretary for foreign affairs, having been previously nominated by Mr. [Elbridge] Gerry.

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On motion of Mr. [Samuel] Hardy, seconded by Mr. [Elbridge] Gerry,

Resolved, That Congress proceed to the appointment of a minister plenipotentiary in the room of Mr. J. Jay, who has been appointed Secretary for foreign affairs.

Congress accordingly proceeded to an

Resolved, That a minister plenipotentiary be appointed, in addition to Mr. John Adams and Mr. Benjamin Franklin, for the purpose of negotiating treaties of Commerce.

Congress proceeded to the election, and the ballots being taken, Mr. Thomas Jefferson was elected, having been previously nominated by Mr. [Samuel] Hardy.¹

[Note 1: 1 To this point the proceedings for the day were also entered in the manuscript Secret Journal, Foreign Affairs.]

An ordinance for ascertaining the mode of locating and disposing of lands in the west territory, and for other purposes therein mentioned, being reported by a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Hugh] Williamson, Mr. [David] Howell, Mr. [Elbridge] Gerry and Mr. [Jacob] Read, appointed for that purpose, was read a first time.

Ordered, That Monday next be assigned for the second reading.

An ordinance for putting the Department of Finance into commission was read a first time.

Ordered, That Tuesday next be assigned for a second reading.

The grand committee, consisting of Mr. [Thomas] Jefferson, Mr. [Jonathan] Blanchard, Mr. [Elbridge] Gerry, Mr. [David] Howen, Mr. [Roger] Sherman, Mr. [Charles] De Witt, Mr. [Samuel] Dick, Mr. [Edward] Hand, Mr. [Thomas] Stone, Mr. [Hugh] Williamson and Mr. [Jacob] Read, to whom was referred a motion of the delegates of Massachusetts,

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to revise the institution of the treasury department, and report such alterations as they may think proper, reported the draught of an ordinance, which was read a first time.

Ordered, That Tuesday next be assigned for a second reading.

On the report of the committee, to whom was recommitted their report on sundry letters from the ministers of the United States in Europe, Congress came to the following resolutions:¹

[Note 1: 1 Beginning with this paragraph, the proceedings for the rest of the day were entered only in the manuscript Secret Journal, Foreign Affairs, in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.]

Whereas instructions, bearing date the 29th day of October, 1783, were sent to the ministers plenipotentiary of the United States of America at the Court of Versa, les empowered to negotiate a peace, or to any one or more of them, for concerting drafts or propositions for treaties of amity and commerce with the Commercial powers of Europe:

Resolved, That it will be advantageous to these United States to conclude such Treaties with Russia, the Court of Vienna, Prussia, Denmark, Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, Naples, Venice, Sardinia and the Ottoman Porte.

Resolved, That in the formation of these treaties the following points be carefully stipulated:

• 1. That each party shall have a right to carry their own produce, manufactures and merchandize, in their own bottoms to the ports of the other; and thence to take the produce and merchandize of the other, paying, in both cases, such duties only as are paid by the most favoured nation, freely where it is freely granted to

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  such nation, or paying the compensation, where such nation does the same.¹

  [Note 1: 1 The following, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, II, folio 383:]

  Motion of Mr. Gerry, 1784.

  That each party shall have a right to carry their own produce, manufactures and merchandize in their own bottoms to the ports of the other; and thence to take the produce and merchandize of the other paying in both cases such duties only as shall consist with the most perfect reciprocity that is, that we shall have a right they shall pay in our ports as high duties and impositions as we pay in theirs; or if this cannot be obtained then, that each party shall pay on its exports and im ports to and from the parts of the other such duties only as are paid by the subjects thereof, or if this should fail, then such duties and impositions as are paid by the most favoured nation.

• 2. That with the nations holding territorial possessions in America, a direct and similar intercourse be admitted between the United States and such possessions; or if this cannot be obtained, then a direct and a similar intercourse between the United States and certain free ports within such possessions; that if this neither can be obtained, permission be stipulated to bring from such possessions, in their own bottoms, the produce and merchandize thereof to these states directly; and for these states to carry in their own bottoms their produce and merchandize to such possessions directly.
• 3. That these United States be considered in all such treaties, and in every case arising under them, as one nation upon the principles of the federal Constitution.
• 4. That it be proposed, though not indispensably required, that if war should hereafter arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all

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  fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labour for the common subsistence and benefit of mankind, and peaceably following their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy, in whose power, by the events of war, they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price; and all merchants and traders exchanging the products of different places, and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers shall grant or issue any commission to any private armed vessels empowering them to take or destroy such trading ships, or interrupt such commerce.

• 5. And in case either of the contracting parties shall happen to be engaged in war with any other nation, it be farther agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandize heretofore called contraband, such as arms, ammunition and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall on any account, be deemed contraband, so as to induce confiscation and a loss of property to Individuals. Nevertheless, it shall be lawful to stop such ships, and detain them for such length of time as the Captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage,

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  paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall further be allowed to use, in the service of the Captors, the whole or any part of the Military Stores so detained, paying the owners the full value of the same to be ascertained by the current price at the place of its destination. But if the other contracting party will not consent to discontinue the confiscation of contraband goods, then that it be stipulated, that if the master of the vessel stopped will deliver out the goods charged to be contraband, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, but shall be allowed to proceed on her voyage.

• 6. That in the same case, where either of the contracting parties shall happen to be engaged in war with any other power, all goods not contraband belonging to the Subjects of that other power, and shipped in the bottoms of the party hereto, who is not engaged in the war, shall be entirely free. And that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament, when the assailing power shall have taken such a station as to expose to imminent danger any ship or ships that would attempt to sail in or out of the said port; and that no vessel of the party who is not engaged in the said war shall be stopped without a material and well-grounded cause; and in such cases justice shall be done, and an indemnification given, without loss of time to the persons aggrieved and thus stopped without sufficient cause.
• 7. That no rights be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy; but where on the death of any person holding real estate within

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  the territories of one of the contracting parties, such real estate would by their laws descend on a Subject or Citizen of the other, were he not disqualified by alienage, there he shall be allowed a reasonable time to dispose of the same, and withdraw the proceeds without molestation.

• 8. That such treaties be made for a term not exceeding ten years from the exchange of ratifications.
• 9. That these instructions be considered as supplementary to those of October 29, 1783; and not as revoking, except where they contradict them. That where, in treaty with a particular nation, they can procure particular advantages, to the specification of which we have been unable to descend, our object in these instructions having been to form outlines only, and general principles of treaty with many nations, it is our expectation they will procure them, though not pointed out in these instructions; and where they may be able to form treaties on principles which in their judgment will be more beneficial to the United States than those herein directed to be made their basis, they are permitted to adopt such principles. That as to the duration of the treaties, though we have proposed to restrain them to the term of ten years, yet they are at liberty to extend the same as far as fifteen years with any nation which may pertinaciously insist thereon. And that it will be agreeable to us to have supplementary treaties with France, the United Netherlands and Sweden, which may bring the treaties we have entered into with them as nearly as may be to the principles of those now directed; but that this be not pressed, if the proposal should be found disagreeable.

Resolved, That treaties of amity, or of amity and commerce, be entered into with Morocco, and the regencies

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of Algiers, Tunis and Tripoly, to continue for the same term of ten years, or for a term as much longer as can be procured.

That our ministers to be commissioned for treating with foreign nations make known to the emperor of Morocco the great satisfaction which Congress feel from the amicable disposition he has shewn towards these states, and his readiness to enter into alliance with them. That the occupations of the war and distance of our situation have prevented our meeting his friendship so early as we wished. But the powers are now delegated to them for entering into treaty with him, in the execution of which they are ready to proceed. And that as to the expences of his minister, they do therein what is for the honor and interest of the United States.

Resolved, That a commission be issued to Mr. J. Adams, Mr. B. Franklin and Mr. T. Jefferson, giving powers to them, or the greater part of them, to make and receive propositions for such treaties of amity and Commerce, and to negotiate and sign the same, transmitting them to Congress for their final ratification; and that such commission be in force for a term not exceeding two years.

The committee to whom was referred the within memorial of Lieutenant Colonel Henry B. Livingston submit the following resolution.

Resolved, That Lieutenant Colonel Henry B. Livingston shall not be affected by the resolution of Congress of the 31 of December, 1781, with respect to any rank or emolument that he might other wise have been entitled to, he being then absent in europe by special permission of Congress.

The Committee consisting of Mr [Roger] Sherman, Mr [John] Beaty and Mr [Samuel] Dicke, to whom was referred the memorial of Lt] Colonel Henry B. Livingston of the 14th February, 1784, shewing that by permission of Congress in October 1779 he went to Europe with Mr Jay and was employed as his private secretary for

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which he neither received nor asked any pay, that he was absent when the Resolution of Congress of the 31st. December 1781 respecting the discharge of certain officers there in described, praying that he may not be affected by the said Resolution.

Submit the following resolution.

That Lieutenant Colonel Henry B. Livingston be entitled considered as being in service and Lt. Colonel in the pay of the United States as Lieutenant Colonel until the time he returned home from Europe any thing in the resolution of Congress of the 31st of December 1781 to the contrary notwithstanding.¹

[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 19, III, folio 601. Committee Book, No. 186, says it was made on this day. The report stricken out is indorsed on the memorial and is in No. 42, IV, folio 350. See ante, March 31.]

The Comttee of the week [Mr. Samuel Dick, Mr. Edward Hand and Mr. Jonathan Blanchard] report, that the application of Mr. Benjamin Harwood for pay, for signing Continental money be read in Congress.²

[Note 2: 2 This report, in the writing of Jonathan Blanchard, is in the Papers of the Continental Congress, No. 41, IV, folio 223. It was presented on this or an approximate date. The memorial, the indorsement states, was referred to Mr. [Edward] Hand, Mr. [Thomas] Stone and Mr. [Ephraim] Paine. See post, May 14, 1784. The memorial is on folio 220.]

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