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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, NOVEMBER 25, 1785.
Congress assembled. Present, as before.1
[Note 1: 1 This report, signed by Samuel Osgood and Waiter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 177. The indorsement states that it was read this day and passed September 5, 1786. Morris' memorial is in No. 41, IX, folio 343.]
Office For Foreign Affairs,
24th. November, 1785.
Sir: Mr. Temple presented to me this Morning the Commission which I have now the Honor of transmitting to your Excellency, herewith enclosed. It appoints him Consul General of his brittanic Majesty throughout the United States of America.
Two questions arise on this Occasion--
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The first Question is settled by Vattel in the following Paragraph, vizt--.
"Among the modern Institutions for the utility of Commerce, one of the most useful is that of Consuls, or Persons residing in the large trading Cities, and especially in foreign Sea Forts; with a Commission empowering them to attend to the Rights and Priveleges of their Nation, and to terminate Misunderstandings, and Contests, among its Merchants. When a Nation trades largely with a Country, it is requisite to have there a Person charged with such a Commission, and as the State which allows of this Commerce, must naturally favor it; so for the same Reason, it is likewise to admit a Consul. But there being no absolute and perfect Obligation to this, the Nation disposed to have a Consul, must procure itself this Right by the very Treaty of Commerce."
The second Question appears to me to be an important one, for that however Determined, interesting Consequences will result from its Decision. In considering it, a secondary Question presents itself, wish. vizt. Whether the Rejection or Reception of this Consul will most dispose his Nation to the Terms of Commercial Intercourse which we To this Point the Fable of the North Wind and Sun seems applicable.
It appears to me that the Admission of a Consul here, is not a matter of so much Importance to Britain, as to induce that Nation to purchase or obtain it, by any Compliances which they would not otherwise make. Severity or Summum Jus on small Points may irritate, but they very seldom coerce. Retaliatory Restrictions on Trade and Navigation, are great Objects, and very consistant with the Pride and Dignity as well as Interest of a Nation--but under such Ideas, to refuse to receive a Consul, would (whatever might be the true Motives), be generally ascribed to a Degree of Pique and Irittation, which though Nations may feel they ought not expressly or impliedly to declare.
In my Opinion therefore this Consul should be received, but in such a Manner as to be, and to appear, a Matter of Favor, and not as a Matter of Course.
I have the Honor to be etc.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 80, II, folio 61. According to indorsement it was read this day and referred back, with Temple's commission, to the Secretary for Foreign Affairs to report, which he did, November 30.]
His Excellency
The Presid.t. Of Congress.
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Office for Foreign Affairs, 25th. Novemr. 1785.
Sir: As no Opportunity has yet offered for transmitting to our Ministers Copies of the Act of Congress, conferring on each of them the Powers of a Consul General; I take the Liberty of mentioning to your Excellency three Questions which seem to arise on it, and which in my Opinion should be decided.
A Vessel will sail for London on Sunday next, and I shall think it my Duty to transmit Copies of this Act unless Congress should be pleased to order otherwise.
I have the Honor to be etc.
John Jay.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 80, II, folio 65. According to indorsement it was read this day and referred to Mr [Rufus] King, Mr. [James] McHenry, Mr. [William Samuel] Johnson, Mr. [Charles] Pettit, and Mr. [Charles] Pinckney. "Returned by Mr. King 9 Oct. 1787."]
His Excellency
The President of Congress.
Motion: That the Secretary for Foreign Affairs suspend the transmission of the Act of 28th. October, vesting Ministers with powers of Consuls Generals until Thursday next.
Ordered, That the above Motion be referred to the Secretary for Foreign Affairs to take Order.2
[Note 2: 2 This motion and order were entered in Resolve Book No. 123, by Benjamin Bankson.]
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