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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 --SATURDAY, JANUARY 3, 1784.
Congress assembled: Present the same as yesterday.
A letter, of the 17th December last, from Mr. F. Dana, was read, informing Congress of his arrival at Boston, after a passage of 95 days from Petersburg; and desiring to know whether it is the expectation of the Congress, that he should come on to the place of their sessions, and, without loss of time, to render a more particular account of his late mission:
Whereupon, on motion of Mr. [Elbridge] Gerry, seconded by Mr. [Jacob] Read,
Resolved, That the president inform Mr. Dana, it is the desire of Congress to receive his communication, relative to his mission to the Court of Russia, and to the disposition of that court towards the United States, as soon as the circumstances of his affairs and the season shall admit of his attending Congress.1
[Note 1: 1 This resolution and the preamble were also entered in the Secret Journal, Foreign Affairs.]
The Committee consisting of Mr. [Abiel] Foster, Mr. [Edward] Hand and Mr. [William] Ellery, to whom was referred the petition of Nathaniel Greenwood, report that the said petition, with its enclosures, be referred to the Agent of Marine to report.2
[Note 2: 2 This report, in the writing of Abiel Foster, is in the Papers of the Continental Congress, No. 19, II, folio 527. The indorsement states that it was read on this day and agreed to on January 9.]
[Motion of Elbridge Gerry and William Ellery.]
That the President be requested to inform the Plenipotentiaries of the United States in Europe that the definitive treaty was received in the interval of the adjournment of Congress, from Princeton to Annapolis, that in consequence of the severity of the season and other circumstances seven States only have as yet assembled. That they
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are unanimously desirous of ratifying the treaty. That the measure will be considered as soon as nine States shall be represented in Congress, and there is every reason to expect the ratification will be immediately adopted not the least doubt but that the definitive treaty will be immediately ratified, but as the ratification may not arrive in time to our Ministers Congress are apprehensive of injurious consequences unless the term for exchanging the Treaty should be enlarged.1
[Note 1: 1 This motion, in the writing of Elbridge Gerry and William Ellery, is in the Papers of the Continental Congress, No. 25, II, folio 327. It is undated but belongs to this period.]
[Report of Mr. Thomas Jefferson, Mr. Hugh Williamson, Mr. Jacob Read, Mr. Elbridge Gerry and Mr. David Howell relative to ratification of the definitive treaty.]
Whereas it is stipulated in the Definitive treaty of Peace between the United States of America and his Britannic Majesty, that the ratifications of the said treaty shall be exchanged on or before the third day of March next, and there now remains before that period little more time than is requisite for the passage of the said ratification across the Atlantic; and Congress consisting at present but of 7 states, these differ in opinion, some of them considering 9 as requisite under the Confederation to the establishment of every treaty, while others are of opinion, that 9 having ratified the Provisional treaty and instructed their Ministers to enter into a Definitive one, conformable thereto, which is accordingly done, seven may under these particular circumstances ratify what has been so declared by 9 to have their approbation, and those of the former opinion, being equally desirous with the latter that no power which it may be supposed they possess should remain unexercised for the final ratification of this instrument, provided it may be done, with the preservation of good faith towards the other contracting party and without importing that Congress has given any express opinion that the said ratification is authorized by the Confederation.
Resolved therefore, That the states now present in Congress do declare their approbation and so far as they have power their ratification of the said treaty that the Ratification in the usual form be duly attested under the seal of the states and transmitted to our Ministers with instructions to keep the same uncommunicated and to
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propose to the other contracting party, a convention extending the time for the exchange of ratifications 3 months further, that the said Ministers be informed that so soon as 9 states shall be present in Congress the said treaty shall be submitted to them and their ratification when obtained shall be transmitted also; that if they should receive the ratification by 9 states before the ultimate point of time allowed for exchange this alone be used and the former cancelled; that if it should not be received in time, they then produce the act of the 7 states and give the same in exchange informing the other contracting party that the said treaty came to hand when Congress was not in session. That 7 states only had yet assembled; that this ratification has been expedited with their unanimous consent and offering it in exchange for theirs with an assurance that it will be followed soon as they shall be assembled,which shall be delivered to them also.1
[Note 1: 1 This report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 29, folios 327--329. The indorsement states that on January 14, 1784, it was "rendered useless by the ratification this day by 9 states" and was ordered "to be filed." It was read, the indorsement states, on this day. A duplicate rough draft is on folio 330.]
[Mr. Jacob Read's motion, January 3d., 1784; Referred to the Postmaster General to report.]
That the Postmaster be instructed to order the post riders who meet at Annapolis with the Northern and Southern Mails severally to remain a night at Annapolis in order to give the Members of Congress an opportunity to examine and answer their despatches by the returns of the post.2
[Note 2: 2 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 281. The indorsement states that it was made on this day and a copy sent to the Postmaster at Philadelphia.]
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