| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, APRIL 2, 1784.
Congress assembled: Present, eleven states as before.
Congress resumed the consideration of the report so far as relates to the formation of treaties of amity and commerce; and it being determined,
That it will be advantageous to these United States to conclude such treaties with Russia, the Emperor of Germany for his Austrian possessions, with Prussia, Denmark, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, the two Sicilies, Venice, Sardinia and the Ottoman Porte--
And the instructions relative to the making the treaties being amended to read as follows:
"That in the formation of these treaties the following points be carefully stipulated:
That each party shall have a right to carry their own produce, manufactures and merchandise in their own bottoms to the ports of the other, and thence to take the produce and merchandise 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
Page 181 | Page image
such nation, or paying the compensation where such nation does the same.
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 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 merchandise thereof to these states directly, and for these states to carry in their own bottoms their produce and merchandise to such possessions directly; or lastly, a permission to the inhabitants of such possessions to carry theft produce and merchandise in their own bottoms to the free ports of other nations; and thence to take back directly the produce and merchandise of these states.
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.
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 theft debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all 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 theft respective employments, shall be allowed to continue the same, and shall not
Page 182 | Page image
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 Vessel empowering them to take or destroy such trading ships, or interrupt such Commerce.
And in case either of the contracting parties shall happen to be engaged in war with any other Nation, it is further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the Merchandise 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 tune as the captors may think necessary, to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall farther 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
Page 183 | Page image
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 in her voyage.
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 ports. 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.
That no rights be stipulated for aliens to hold real estates 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 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.
Page 184 | Page image
And that such treaties be made for a term not exceeding ten years from the exchange of ratifications".
A motion was made by Mr. [John Francis] Mercer, seconded by Mr. [Richard Dobbs] Spaight, to postpone the consideration thereof, in order to take up the following proposition:
Whereas the harmony of the Union will be best promoted by consulting the disposition and obtaining the concurrence of the respective parts in its most important interests: And whereas the Constitution of the United States renders such concurrence of the different legislatures highly prudent, if not indispensably necessary, in forming Commercial treaties:
Resolved, That the Ministers of the United States in Europe be directed to inform the powers, who have made or shall make offers of Commercial treaties with the United States, that the United States are desirous of forming such treaties upon terms of perfect reciprocity and equality; and for that purpose are ready to enter into negotiations in America with their ministers properly authorized.
On the question to agree to the said instructions, the yeas and nays being required by Mr. [John Francis] Mercer--
{table}
Page 185 | Page image
So the question was lost.
Ordered, That the report be recommitted.1
[Note 1: 1 The proceedings for this day were entered only in the Secret Journal, Foreign Affairs, in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.
On this, or some approximate date, was read a letter of March 16 from David Jones. It is in the Papers of the Continental Congress, No. 78, XIII, folio 289.
Also, on this day, as the indorsement shows, was read a letter of Baron Steuben. It is in No. 164, folio 251.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |