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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 --[February 28, 1786.]
The Secretary of the United States of America for the Department for foreign Affairs, to whom was referred a letter to him from A. Fowler, of 1 October last, complaining that a boat which he had sent down the Mississippi was stopped at the Natches by the Spaniards, having reported,
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That there is good reason to believe that the King of Spain is resolved, if possible, to exclude all Nations from the navigation of that part of the Mississippi which runs between his territories.
That therefore the United States will not have that navigation open to their citizens, unless by Arms, or by Treaty. That in the Opinion of the Secretary, the time for the former is not yet come. That the free navigation of that river is now the subject of discussion between the Spanish Encargado de Negocios and himself, and that great difficulties oppose their agreeing on that head. But that however doubtful the success of these negotiations may be, it appears to him most prudent that they should not be precipitated, and therefore he thinks that the letter which he has written to Mr. Fowler, and of which a copy is subjoined, prevents the necessity of taking further measures for the present. As the country adjacent to the river becomes filled with people, and the affairs of the Confederacy become regulated and arranged, the attainment of that and every other object will daily and proportionably become more probable and easy.
The copy of the letter subjoined is as follows:
New York, February 13, 1786.
Sir, I have been favoured with your letter of 1 October last, and am sorry you have experienced the difficulties and disappointments mentioned in it. It is to be hoped that all territorial questions between the United States and Spain will be amicably settled, and that both parties will, in the mean time, cultivate that disposition which is most likely to promote that end. Whatever resolutions Congress may take on your letter shall be communicated to you; and if further occurrences
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relative to the subject of it have since happened, I wish you had taken an Opportunity of informing me of them.
I am, &c.
John Jay.
Ordered that the foregoing report be referred back to the Secretary for foreign Affairs to take Order.1
[Note 1: 1 This proceeding is entered by Thomson in Secret Journal, Foreign and Domestic, No. 4; a copy by Benjamin Bankson is in Secret Journal, No. 5. Jay's original report is in No. 81, II, folio 39.
February 28: The following committee was appointed:
Mr. [Nathaniel] Gorham, Mr. [Charles] Pinckney, Mr. [William] Grayson, Mr. [Stephen Mix] Mitchell and Mr. [John Bubenheim] Bayard, on the letter of February 27 from the Board of Treasury. The Committee reported March 6.
Also, a petition from the officers of Colonel Benjamin Flower's regiment of Artillery-Artificers was referred to the Secretary at War to report.
Committee Book No. 190.
Also, according to indorsement, was read a letter from the Secretary for Foreign Affairs, forwarding a petition, dated February 27, 1786, from Pierre du Calvet. It is in No. 42, II, folio 194, and is indorsed as read this day and also "See a Report of the Board of treasury Sept. 19th., 1785, relative to the Accounts of Mr. Du Calvet." Jay's letter is in No. 80, II, folio 165.]
The Committee consisting of Mr. [John] Keen, Mr. [Nathaniel] Gorham, Mr. [Charles] Pinckney, Mr. [Melancton] Smith and Mr. [William] Grayson, to whom were recommitted sundry papers and documents relative to Commerce, and the acts passed by the States in consequence of the recommendations of Congress of the 30th April, 1784, Report--
That they have carefully examined the several matters given to them in charge, from which it appears, that there is little or no probability of commercial treaties being formed with any European power, other than those already concluded; but more especially there does not appear any prospect of forming one, with the British nation on terms reciprocally advantageous.
The reasons which have produced this determination seem to be--
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purposes so much to be desired, and that in their individual capacity they can never be brought to unite in a system uniform in its parts and efficatious in its operation.
Commerce under due regulation is of the highest national importance; it is the basis of naval power; it is an incentive to industry; it is a source of opulence; the protection of it calls forcibly on the States for their most serious consideration. For want of due regulation the foreign commerce of the union is threatened with annihilation.
Our Commerce in the hands of foreigners will to them be strength and riches; while we, deprived of it, will be insignificant amongst the most insignificant.
Congress have not been unmindful of these very weighty considerations. So long since as the 30th. April, 1784, they recommended to the States, to vest the U.S. in Congress assembled with power to prohibit for fifteen years the importation or exportation of any goods, wares, or merchandize in vessels belonging to or navigated by the subjects of any power with whom these states have not formed commercial treaties and also to prohibit for the same term of time the subjects of any foreign state, kingdom or empire unless authorised by treaty, from importing into the U.S. any goods, wares or merchandize which are not the produce or manufacture of the dominions of the sovereign whose subjects they are.
Although the powers to be vested by these recommendations do not embrace every object that may be necessary in a well formed system, yet many very beneficial effects may be expected from them...
Convinced of the great utility of a well regulated commercial system and the impracticability of forming one, uniform and efficacious under thirteen different authorities, we think it the duty of Congress to call the attention of the States to a subject of such magnitude, the longer neglect of which must be attended with evils of vast importance.
Therefore that Congress may stand exculpated from all inattention we think the following resolutions should be adopted1--
[Note 1: 1 This report, in the writing of John Kean, is in the Papers of the Continental Congress, No. 24, folio 159. According to indorsement it was read this day and made the "Order for friday, March 3." The omitted portion above, and the resolves recommended are incorporated verbatim, with very slight, inconsequential verbal changes, in the Journal for March 3.]
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