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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 --TUESDAY, NOVEMBER 1, 1785.
Congress assembled. Present, as before.
A Motion was made by Mr. [James] McHenry, seconded by Mr. [Charles] Pinckney, "that the Resolution of yesterday for postponing the consideration of the report touching the Post Office be reconsidered, for the purpose of postponing it till Monday next"; and on the question to agree to this, the yeas and nays being required by Mr. [James] McHenry,
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So the question was lost.2
[Note 2: 2 On this day, as the indorsement states, was read a petition of Andrew Ross praying for a grant of western land. It was ordered to be filed. It is in the Papers of the Continental Congress, No. 42, VI, folio 506.]
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Office For Foreign Affairs,
November 1st., 1785.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Note from the Minister of the United Netherlands of the 8th. Day of December last, Reports--
That this Note states "that their High Mightinesses having reconsidered the Form of Sea Letters settled and agreed upon in their Treaty of Amity and Commerce with the United States, had found therein some small Difference between that, and the Form of Sea Letters inserted in their Treaties with other maritime Powers in which it is said, 'that the Vessel calledof the Burthen of aboutTons which he at present commands, belongs to Inhabitants of the United low Countries whereas in the Form inserted in their Treaty with the United States, it is said 'That the Vessel calledof the Burthen of aboutTons which he at present commands, belongs to Inhabitants of the United low Countries and that no subjects of the Enemy have any Part or Portion therein directly or indirectly.'" That as these last Words appeared to them superfluous and liable to create Difficulties and Disputes they had thought it proper to strike them for the future out of the Form. And that to prevent any misunderstanding which might result from this Alteration they had ordered him to give Notice of it to the United State of America, which he had the Honor of doing by that Note.
Your Secretary finds that the Sea Letters in Question are directed by the 25 Article of the Treaty which provides. "That in Case one of the two Parties happens to be at War, the Vessels belonging to the Subjects or Inhabitants of the other Ally shall be provided with Sea Letters or Passports, expressing the Name, the Property and the Burthen of the Vessel, as also the Name and Place of Abode of the Master or Commander of the said Vessel; to the End that thereby it may appear that the Vessel really and truly belongs to Subjects or Inhabitants of one of the Parties; which Passports shall be drawn and distributed according to the Form annexed to this Treaty."
Your Secretary further finds that the Words in Question are inserted in the Form annexed to the Treaty and referred to in this Article.
It does not appear to your Secretary that the Consent of the United State had either been obtained or asked, for omitting these Words in future Sea Letters.
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On this State of Facts he is of Opinion that no Article, Paragraph or Sentence in any Treaty or Contract, or in any Paper directed and settled thereby can of Right be altered by one of the Parties without the consent of the other.
That therefore their High Mightinesses on becoming dissatisfied with that part of the Form of the Sea Letters, should have communicated to Congress their Objections to it, and negotiated with them for the Alteration they wished to have made. But that to make such an Alteration without consulting Congress, and after having made it, merely to give Notice of what they had done, without even an apology for the Liberty they had taken appears to your Secretary to be both improper and disrespectful.
As these Sea Letters are only necessary in Case either of the two Nations should be at War, and as they are now both at Peace, prudential Considerations should, he thinks induce Congress to observe Silence, on this subject for the present, but that when a Minister for the Hague shall be appointed it would be well to give him such Instructions relative to it as may be necessary to prevent the Acquiescence of Congress from being deducible from their Silence. For this Purpose your Secretary thinks he should be instructed as follows
You will inform their High Mightinesses that Congress have taken into Consideration the Note of their Minister of the 8th. December last (of which you will herewith receive a Copy) that as both Nations are now at Peace they do not consider the Alteration in Question to be material, but that in their Opinion no Forms of Papers settled by Treaty can be altered but by the Mutual Consent of the contracting Parties. That Congress wish on all occasions to harmonize with their High Mightinesses and after being informed of their Objections to the present Form of Sea Letters, will take them into Consideration, and will readily consent to such Alterations as may appear expedient and proper. For this Purpose you are authorised to confer with them or their Minister on the Subject and inform Congress of the Result.
All which is Submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 81, I, 485. According to indorsement it was read this day. A copy by Thomson of Van Berckel's note of December 8, 1784, is on folio 491. See ante, January 17.
On this day, according to the indorsement, was read a letter of October 27, from Robert Howe relative to the settlement of his depreciated pay. It was referred to the Board of Treasury, which reported November 4. Howe's letter is in the Papers of the Continental Congress, No. 160, folio 543.
Also, on this day, according to indorsement, was read the report of the committee of October 19 on the motion of Mr. Howell. It was adopted verbatim December 28 and is spread on the Journal of that day. The report, in the writing of Rufus King, is in No. 26, folio 571.]
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