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SECRET JOURNALS
->
OF
CONGRESS,
H
DISSOLUTION
tlse
VOL.
IV.
BOSTON
B.
WAIT.
SECRET JOURNALS
OF THE
FOREIGN AFFAIRS.
SECRET JOURNAL.
FOREIGN AFFAIRS.
MAY
17, 1786.
in
the
manner following:
The United
bled
To
whom
Greeting.
Whereas
commerce between
of America, was concluded and signed by the plenipotentiaries of the said United States, and by the
pleni-
SECRET JOURNAL.
[May
in the
words following,
is
in
17,
the
to wit:
permancnte
et
merce
equitable
observees relativement a
a etablir entre les
doivent etre
mieux remplir cc
engagemens
Dans
et
la
but, qu'en
nomme
Fre-
d'ambassade
et
leurs
hautes puissances
etats generaux des Provinces
Unies; et les Etats Unis ont de leur cote pourvu de
les
leurs
pleinpouvoirs
le
sieur
Massachusetts, et chef de justice du dit etat, actuellemcnt minislre plenipotentiaire des Etats Unis pres
sa majeste le roi de
la
Grand Bretagne;
le
docteur
trailer
de
la
plenipotentiaire
la
cour de
sa
FOREIGN AFFAIRS.
1786.]
mure
en consequence d'une
et
cles suivans
ARTICLE
I.
II
et
ARTICLE u,
Les
Prusse pourront
payer;
et lis jouiront
de tous
tant
neanmoins aux
ARTICLE
III.
Pareillement, les citoyens des Etats Unis de I'Amerique pourront frequenter toutes les cotes et tous les
SECRET JOURNAL.
[May
17,
pays de sa majeste le roi de Prusse, y resider et traficjuer en toutes sortes de productions, manufactures et
et ne
marchandises,
droits, privileges et
commerce,
le
vorisee
doiit jouit
se soumettant
etablis, et
jeste le roi
ARTICLE
En
particulier,
IV.
le
et
aussi
la
liberie
de leurvendre;
en payant
dans I'un
et
les
Etats Unis de
I'Americjue, et
chacun d'eux en
particulier, se
reservent
le droit,
FOREIGN AFFAIRS,
1786.]
manufacture, d'etablir envers celte nation des reglemens reciproques. Se reservant de plus le droit de
importer
ni
I'autre.
Mais
niet
les
exporter
si
ou
d'exporter
ou
citoyens
sujets de
I'autre partie contractante jouiront tout aussitot d'une
ces
memes marchandises,
les
liberte pareillc.
ARTICLE
V.
la
jurisdiction
de
I'autre,
plus long-temps
qu'il
ARTICLE
chargement
ne Icur plaira.
les
VI.
vaisseaux de i'une
des deux
parties contractantes ne soyent point inutilement molestes ou detenus dans les ports ou sous la jurisdiction
de
I'autre,
il
a ete
convenu que
les loix,
la
la visile
des marchan-
navire,
et
qu'ensuile elles ne
Et en general
SECRET JOURNAL.
le
[May
l?,
il
ment
des
marchaiidises
prohibees.
Dans ce
cas,
ou
ARTICLE
moyens
VII.
de defendre tous
les
lenansaux citoyens ou
vaisseaux
sujets de
et autres efFets
appar-
I'autre, et se trouvant
et elle
reslituer
effets
dile jurisdiction.
ARTICLE
VIII.
leurs cargaisons, ou
liberie
de rcpartir
cmpechcment,
et
droits
et
de leur cargaison,
et
de decharger
ni
FOREIGN AFFAIRS.
1786.3
vaisseaux une
fois
11
galeurs
memes
et se
acquittes par
les sujets
qu'ils sont
oil ils
sont
etablis.
ARTICLE
IX.
Au
deux
ou
souffert
sous
la
tant
respectifs recevront,
vaisseaux et
fournie
ils
effets,
la
pour
meme
payeront seulement
auxquels
les
memes charges
et
et droits,
les dits
pareil cas.
ARTICLE X.
Les citoyens ou
deux parties
la liber-
de disposer de leurs biens personnels, soit par testament, donation ou autrement, et leurs h^'ritiers etant
te
SECRET JOURNAL.
12
[May
17,
soil
droits que
reille
occurrence.
heritiers,
recueillir
I'heritage.
S'il
s'eleve
des
contestations
la
succession,
par
Et
si
les
la
du pays, a un citoyen ou
si celui-ci,
sujet
de I'autre partie,
il
est inhabile de
les posseder,
vendre
et
exempt de tout droit de retenue, de la part du gouvernement des etats respectifs. Mais cet article ne derogera en aucune maniere a la force des
deja ele publiees ou qui le seront dans la
majeste
le roi
ses sujets.
lois
qui ont
par sa
de Prusse, pour prevcnir I'emigralion de
suite,
FOREIGN AFFAIRS.
1706.]
ARTICLE
II
13
XI.
ce n'est pour insulte faile a la religion de I'auplus, si des sujets et citoyens de I'une des
De
tre.
I'autre, leurs
ou dans
tel
ils
seront
ARTICLE
Si
XII.
libre
correspondance et
le commerce des citoyens ou sujets de la partie qui
demeure neutre envers les puissances belligerantes,
la
les
les
comme
marchandises
libre tout ce
libres,
en
que sera a
La meme
liberte s'etendra
trou-
quand memes
elles
libre,
SECRET JOURNAL.
[Maj
17,
sent des
I'ennemi.
ARTICLE xni.
Dans
telles
a.
ou condamnation,
et d'entrainer la perte
de
retenir
pendant tout
le
temps que
le
preneur croira
ie
dom-
la saisie.
Et
contrebande,
livrer les
faire, et
si le
marchandises suspcctes,
le
le
il
aura liberie de
amene dans
le
port,
le
ni
FOREIGN AFFAIRS.
1786.]
15
ARTICLE XIV.
Dans
le
soyent promptement et surement reconnus, on est convenu qu'ils devront etre munis de lettres de mer ou
le
passeports, expriment
du navire,
ainsi
que
le
nom,
nom
le
et la
lorsque I'occasion
le
partenants a
la partie
neutre,
il
suffira
le
que
I'officier
navire est de
de toute
visite ulterieure.
ARTICLE XV.
tout desordre et
tonte
il
a ete
stipule
la
le
SECRET JOURNAL.
16
[May
17
chera
et
passeports.
Et toutes
les
personnes appartenantes
vaisseaux ou
effets
de I'aulre par-
leurs
leurs coraraissions.
ARTICLE XVI.
11
ni effets,
ne
par ordre
et autorite
de
la
ARTICLE XVn.
S'il
sance
arrivoit
par un pirate,
^guerre,
que
les
batimens ou
effets
de
la
puis-
ils
et
FOREIGN AFFAIRS.
1786.]
17
deux
a la garde des
parties contractantes et remis
erers
du
laire legitime,
offi-
en entier au proprie-
de propriete.
ARTICLE
XVIIi.
Lorsque
les
et
honnetete.
II
leur sera
permisde se
de leurs vaisseaux.
ARTICLE XIX,
deux
particuliers des
I'autre partie,
VOL. IV.
SECRET JOURNAL.
18
commandant
[May
17,
le dit
tre.
de France,
ne sauroit obtenir un droit d'asile dans les ports ou
havres des Etats Unis
des
e
il
majeste
tres
chretienne
Etats Unis.
ties
ARTICLE XX.
de Pune des deux parties
contractantes n'acceptera d'une puissance avec, laquelle I'autre pourroit etre en guerre, ni commission,
Aucun citoyen ou
ni lettre
sujet
comme
Etni
pirate.
Pun
ni
agir offensivement
est
en guerre.
ARTICLE XXI.
S'il arrivoit
que
les
fus-
meme temps
sent en
en guerre contre un ennemi commun, on observera de part et d' autre les points suivants
1.
Si les
les
par
de Pennemi au de
restitus
la
de vingt-quatre heures,
ils
le
seront
paye-
FOREIGN AFFAIRS.
1786.]
ment du
tiers
son
au contraire
si
de
la valeur
le
19
du batiment
et
de
la cargai-
I'a repris.
2.
il
Dans
apparle cas
navire et de
moyennant
paye
qu'il
un trentieme du
si
le
sommes
de
de guerre publics
preuves
faites
de
et particuliers
tractantes seront admis reciproquement avec leurs prises dans les ports respectifs ; cependant ces prises ne
reglemens qu' elles jugeront necessaires, relativcment a la conduite que devront tenir
respectivement leurs vaisseaux de guerre publics et particuliers,
amenes dans
SECRET JOURNAL.
ID
[May
17,
ARTICLE XXII.
les
route, et
ils
les
defendront,
avec cux
aussi
la
metne
long-temps
qu'ils
de
mememaniere
la
les navires
ARTICLE XXIII.
survient une guerre entre les parties contractantes, les marchands de I'un des deux etats qui resideront dans I'autre, auront la permis&ion d'y rester encore
S'il
neuf mois, pour recueillir leurs dettes actives, et arranger leurs affaires, apres quoi ils pourront partir en
toute liberie et emporler tous leurs biens, sans etre
niolesles ni empeches.
gens de
lettres
Les femmes
de toutes
et
les facultes,
les enfans,
les
les
cultivaleurs,
armes
la liberie
de continuer leurs
di^s,
ou autremenl
detruits,
ni
leurs
champs ravages
FOREIGN AFFAIRS.
1786.]
par
21
les
ils
pour-
mais
roient tomber par les evenemens de la guerre
si I'on se trouve dans la necessite de prendre
quelque
chose de leurs proprietes pour I'usage de I'armee enne;
mie,
la
Tons
les
ployes a
cune commission
les autorisat a
seaux marchands, ou
interrompre
le
commerce.
ARTICLE XXIV.
Afin d'adoucir
ne
les
le
malsaines, les
deux
parties contractantes
et a la
usages
que
les
ou de I'Afrique,
mais qu'on leur assignera en Europe ou en Amerique,
dans les territoires respectifs des parties contractantes,
entales, ni dans
aucune contree de
I'Asie
SECRET JOURNAL.
22
membres
[May
que
sur
17,
leur
propre service
meme
du
son
Le montant
accordee au soldat de sa propre armee.
de ces depenses sera paye par I'autre puissance, d'apres
une liquidation de compte
pour
arreter reciproquement
et ces
fin de la
guerre
seront
ne
confondus
ou balances
point
comptes
;
la
comme compensation
autre article ou
ni
II
chaque cantonnement des prisonniers qui sont au pouvoir de I'autre; ces commissaires auront la liberie de
visiter les
ront;
lis
feront parvenir.
Enfin
il
ceux qui
les
I'aire
em-
FOREIGN AFFAIRS.
1786,]
23
ployent ; mais si un officier manquoit a sa parole d'honneur, ou qu'un autre prisonnier sorlit des limites qui
auront ete fixees a son cantonnement, un lei oflficier ou
que
la
guerre rompt
Les
outre,
les traites, ni
ou suspendre cet
article et
contraire le temps de
la
le
precedent
mais qu'au
celui
le droit
de
la
nature et
des gens.
ARTICLE XXV.
Les deux
mu-
tuellement la faculte de tenir dans leurs ports respecdes consuls, vice consuls, agens et commissaires
tifs,
de leur choix
et
que tel, ou autre de ces consuls, veuille faire le commerce, il sera soumis aux memes loix et usages, auxquels sont soumis les particuliers de sa nation a I'endroit o\X
il
reside.
ARTICLE XXVI.
la suite
fait
SECRET JOURNAL.
84
de navigation ou de commerce
deviendra aussitot commune a
[May
17,
compensation
si la
ARTICLE XXVII.
Sa majeste
de Prusse et
roi
le
les Etats
Unis de
traite
aura son
le
present
plein effet pendant I'espace de dix ans a
compter du
jour de I'echange des ratifications, et que si I'expiration de ce terme arrivoit dans le cours d'une
guerre
entre eux, les articles ci-dessus stipules pour regler leur
Le
de part et d'autre,
etles ratifications seront echangees, dans I'espace d'une
annee, a compter du jour de la signature.
paix.
En
foi
signe
de quoi,
le
les plenipotentiaires
B.
susnommes ont
traite et
present
leurs armes,
ratifie
exprime ci-dessous.
FRAiNKLlN,
Passy, July
9,
[l. s.]
1785.
TH. JEFFERSON,
[l.
s.]
[l.
s.j
[l.
s.]
JOHN ADAMS,
London, August 5, 1735.
F. G. DE THULEMEIER,
la
Haye,
le
10 Septembre, 1785.
FOREIGN AFFAIRS.
1786.]
25
Treaty of Amity and Commerce, between his Majesty the King of Prussia, and the United States
of America.
fix, in
a permanent
and
tercourse and
commerce they
United
and
the
United
Slates have, on their
Netherlands;
part, given full powers to John Adams, esquire, late
one of their ministers
for
a
plenipotentiary
negotiating
peace, heretofore a delegate in Congress from the state
of Massachusetts, and chief
justice of the same, and
now
for
and another of
negotiating a
tofore a
delegate
and governour
peace
in
of
plenipotentiary of the
his
their ministers
plenipotentiary
SECRET JOURNAL.
jee
[May
17,
tentiarics,
ARTICLE
There
shall
I.
his
majesty the
sons or places.
ARTICLE
II.
The
and merchandise
in
;
all
and
and they
and ex-
tablished,
and
to
FOREIGN AFFAIRS.
1786.]
ARTICLE
27
III.
all
all sorts of
produce, manufactures, and merchandise, and shall pay, in the dominions of his said
majesty, no other or greater duties, charges, or fees
whatsoever, than the most favoured nation is or shall
there in
be obliged
ARTICLE
More
IV.
carry their
own produce, manufactures, and merchanown or any other vessels, to any parts of
dise, in their
where
it
shall
be lawful for
chase them
and thence
to take the
produce, manufac-
them, paying
in
SECRET JOURNAL.
28
[May
17,
to themselves
it is
and exportation of
when reasons
merchandise whatsoever,
all
it.
In this case,
same merchandise,
ARTICLE
The
V.
merchants, commanders
of vessels, or other
the ports or jurisdiction of the other, be forced to unload any sort of merchandise into any other vessels,
nor
to
ARTICLE
That the
VI.
may
not be uselessly
it is
agreed, that all examinations
of goods required by the laws, shall be made before
that there shall
they are laden on board the vessel, and
harassed or detained,
be no examination
after
nor shall
the
vessel
be
FOREIGN AFFAIRS.
1786.]
searched
laden
at
articles
shall
have been
clandestinely and
therein
board, or
29
who
illegally, in which
whose
order
by
they were carried on
carried them
which he
is
but no
ARTICLE
Each party
shall
their power, to
other effects,
VII.
endeavour, by
all
all
the
means
in
vessels, and
jurisdiction, by sea or
efforts to recover,
ARTICLE
The
vessels of
VIII.
pay any
duties,
and appropriated
itself,
to the
or of other establish-
SECRET JOURNAL.
30
[May
17,
ments
which
duties,
and
same
ARTICLE
When any
IX.
foundered, or otherwise
in the
their vessels
and
would be due
to the inhabitants
the
eflects,
pay
as
the
shall
in a like
case: and
if
away.
The
ARTICLE
The
power
X.
to
have
within the
by testament, donation, or
and their representatives, being subjects
or citizens of the other party, shall succeed to their
otherwise
whether by testament or ab
intes-
FOREIGN AFFAIRS.
1786.]
tato,
31
and may take possession thereof, either by themby others acting for them, and dispose of the
selves or
same
at their will,
And
if
among
several claimants to
And where, on
the death
citizen or
disqualified
subject of the
and
to
ARTICLE
The most
ship,
party,
is
XI.
granted
wiihin
to
the jurisdiction
SECRET JOURNAL.
32
[May
17,
1
Moreover, when
the subjects
be
ARTICLE
If
in
XII.
and
commerce
insomuch, that
all
other
shall
enemy
of the
be extended
to per-
who
sons
ARTICLE
And
XIII.
same case of one of the contracting parties being engaged in war with any other power, to
prevent all the difficuUies and misunderstandings that
in the
FOREIGN AFFAIRS.
1786.]
in
the vessels, or
by
33
deem-
Never-
shall be
the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding paying, however, a reasonable compensation
;
such arrest
And
prietors.
it
shall
shall further
be allowed to use
in the
deemed contraband,
ped
if
goods supposed
to
stop-
be of conit,
and the
on her voyage.
ARTICLE XIV.
And
in the
engaged
in
may be
is
known,
name and
made
SECRET JOURNAL.
34
[May
17,
between the parties whenever occasion shall require,) shall be renewed as often as the vessel shall
tions
and
shall
be exhibited whensoever
But
if
sels of war,
belonging
declaration
to
of the officer
commanding
the
convoy,
is,
shall
examination.
ARTICLE XV.
men
in their
letters or passports.
And
all
persons
be responsible in
ges and interest,
their persons
sufficient
commanders
FOREIGN AFFAIRS.
1786.]
35
ARTICLE XVI.
It is
purpose whatsoever.
And
cases
in all
and according
to the regular
course
ARTICLE XVII.
If
any vessel or
effects
of the neutral
power be
ta-
and
re-
pirate,
in
order to be restored
due proof
shall
ARTICLE XVIII.
If the citizens or subjects
treated
be
SECRET JOURNAL.
36
[May
17,
ARTICLE XIX.
The
parties, shall
the vessels
and
expressed
in their
ing officer of
subjects
of his
most christian
majesty the
king of
in
the ports or
if
any such be
ARTICLE XX.
No
citizen
may
for
letter of
marque
FOREIGN AFFAIRS.
1786.]
3J?
nor shall
Other, on pain of being punished as a pirate ;
naval
of
their
or
either
hire, lend,
give any part
party
or military force, to the enemy of the other, to aid
them offensively or defensively against that other.
ARTICLE XXI.
If the
in
one of the parties, retaken by a privateer of the other, shall not have been in possession
1 .
If a vessel of
of thp
be restored
to the first
owner
shall
for
hours, she
if
in
possession
of the
owner
for
one
value of the
she shall not have been in possession of the enemy more than twenty-four hours, and
one tenth of the said value where she shall have been
vessel
and cargo,
if
distributed in gratuities
longer, which sums shall be
3. The restitution in the cases
to the recaptors.
aforesaid,
shall
surety given
entitled.
4.
for
The
said
prizes
shall not
each
but the
SECRET JOURNAL.
38
[May
17,
be free
they shall
to
each party
judge
to
make such
regulations as
conduct of their
re-
ARTICLE XXn.
Where
upon
all
occasions, take
ARTICLE
If
war should
parties, the
XXIII.
arise
and
part freely, carrying off all their effects, without molestation or hindrance
and all women and children,
:
scholars
of
every
artisans, manufacturers,
and
in
FOREIGN AFFAIRS.
1786 ]
39
general all others whose occupations are for the common subsistence and benefit of mankind, shall be al-
lowed
shall
whose power, by
into
to fall
happen
but
same
shall
the events of
war, they
may
any thing
necessary to be
the use of such armed force, the
if
be paid for
is
at a
reasonable price.
And
all
more easy
be allowed
to
human
of the contracting powers shall grant or issue any commission to any private armed vessels, empowering
them
ARTICLE XXIV.
And
places,
the two contracting parties solemnly
themselves
pledge
to
to
whom
they
may
that
in
Europe or America,
in
wholesome
situa-
SECRET JOURNAL.
40
[May
17,
be confined in dungeons,
nor
nor
be put into irons, nor
prison ships,
prisons,
nor
otherwise
restrained in the use of their
bound,
tions; that they shall not
limbs; that the officers shall be enlarged on their paand have comfortable
common men
he disposed in canton-
own troops that the officers shall also be daily furnished by the party in whose power they are, with as
;
many
rations,
in
of equal rank
ai'ticles
and
quality, as
kind or by commutain
their
own army
and
not be
war
and the
oft'
whatever
that
cause,
real
or
pretended,
them by
their friends,
and
shall
any
officer
shall
his
be free to make
;
FOREIGN AFFAIRS.
1786.]
41
much
so
his
provides for
And
it is
war dissolves
nor any other whatever, shall be considered as annulling or suspending this and the next preceding article but, on the contrary, that the state of
all treaties,
war
is
and
ARTICLE XXV.
The two
to
but
if
shall
any such
the
to
place.
ARTICLE XXVI.
party shall hereafter grant to any other
nation, any particular favour in navigation or comIf either
merce,
it
shall
VOL. IV.
immediately become
6
common
to the
SECRET JOURNAL.
-12
[xVIay 17,
ARTICLE XXVIl.
His majesty the king of Prussia, and the United
States of America, agree, that this treaty shall be in
force during the term of ten years from the
of ratifications
and
if
the expiration
exchange
of that term
and that
re-establish peace;
fied
the ratifications
its
be
rati-
exchanged
signature.
testimony whereof, the plenipotentiaries beforementioned have hereto subscribed their names,
and
B.
FRANKLIN,
Passy, July
9,
[l. s.]
1785.
TH. JEFFERSON,
[l. s.]
JOHN ADAMS,
London, August 5, 1785.
F. G. DE THULEMEIER,
la
Haye,
le
10 Seplembre, 1785.
[l. s.]
[l. s.]
FOREIGN AFFAIRS.
1786.]
Now KNOW
YE,
That we the
43
United States
said
in
In testimony whereof,
be hereunto affixed.
Witness
seal to
honourable
the
MAY
The
affairs
31, 1786.
read
May
29, 1786.
SIR,
In
my
managed
my
experience
opinion, should be so
main a secret
prudent
to
keep
really think
the appointment of
it
it
would be
secret,
and to
SECRET JOURNAL.
44
,
with
it,
except
business of
in
Congress, and
in
[Ang. 3,
meetings on th6
it.
1 have
the honour to be your
obedient
and
most
very humble servant^
excellency's
JOHN
(Signed)
His Excellency the President of Congress.
The above was
JAY.
committee of three,
viz. Mr. King, Mr. Peltit and Mr. Monroe, who, on
the 1st August, reported that the letter be referred to
referred to a
AUGUST
1,
1786.
foreign affairs to
May.
AUGUST
3,
1786.
mentioned
letter,
The
and afterwards
qui an unofficial and unsigned paper,*
he laid before
which
25th
a letter, dated
May, 1786,t
Congress, and the same being read, he then delivered
himself as follows
* See
p. 57.
t See p. 59.
FOREIGN ArFAIRS.
1786.]
4$'
SIR,
Every person to whom is committed the management of a negotiation, from which many good or ill
consequences
in
placed
will
probably
result,
must
find
himself
responsible situation.
and that
be conveyed to Congress with precision, and authentick evidence of them preserved, I have reduced
them to writing as concisely and accurately as 1 could
may
find leisure to
do since
this
day.
am
have both
France,
we
will
whom we
remain neutral
in
we are
which
sissippi.
take
it
in question exists,
France
in
America
will
compact
invariably think
will of
to the
it
her
Spain
good
good
and although she would very reluc-
SECRET JOURNAL.
4&
to either, yet,
umbrage
tantly give
[Aug. 3,
if
driven to lake
more or
influence, whether
The
less,
on the counsels of
Versailles, will
intermarriages
reigns,
at the
in
confidence
and
and apprehensions
oflices.
good
How
in
far this
is
mutual
system
uncertain
evil
from
it,
we
we may or may
markeis, among which
proportion as
in
that of Spain
how
far they
measure tending
it
to
may
their in-
to impair
our
FOREIGN AFFAIRS.
1786.]
47
>
which
Recent transactions
Spain
shall
tell
us that the
influence
of
When time
in Barbary is not contemplible.
have cast a thicker veil over the memory of past
hostilities;
when
the convenience
of Spanish
better known,
that
little
must have,
in greater or lesser
degrees in Italy, with
several of whose sovereigns he is allied by blood, as
well as by treaties, merits some consideration.
The
and
and we
shall,
America
They who
are
mating
It is
its
value,
well
or
esti-
known
that they
SECRET JOURNAL.
48
[Aug. 3,
America, so
soon disappear, flying out of Spain by every road and
port in it.
Details would be tedious, and considering where 1
am, unnecessary. It is sufficient to observe, that there
is
scarcely
what may
European ports
for
These advan-
depend on a treaty
for Spain,
;
with
to
trade
admit
like other nations, may
foreigners
think
she
her or, not, and on such terms only as
may
must
tages, however,
proper.
The
conclusion
said
is,
and commerce, It
of the United States to be on the best
the interest
language
Sir,
do
is
cerely disposed to
make
is
friends of us.
at present sinI
believe this
opinion
of courts or courtiers;
they
may
apprehension.
FOREIGN AFFAIRS.
-2186.]
our friendship,
to cultivate
is,
&9
may prevent
its
such advantages
it, by
becoming our interest to
To
cause
this
shown
to the
To
the
same cause
beneficial articles
which
in
the treaty
am now
nego-
in the follow-
That
all
other shall
merchants
The same
vessels, and merchandise consisting of the manufactures and productions of their respective countries.
2.
as shall be ascertained
3.
That
IV.
under
7
its
present regulations)
may be
SECRET JOURNAL.
so
imported
In
[Aug. S,
American or Spanish
into
vessels,
any
manner
And on
as
if
that the
bona
manufactures and productions of his majesty's dominions may be imported into the United States, in
fide
Spanisli or
American
manner
vessels, in like
as
if
they
as
by
to lay
by a convention
made
within
07ie
for that
after the
year
able by natives
4.
in like
may be pay-
cases.
wanted
for
his royal
may
navy,
to
fi'om
time
to time
be
cal
It is
other treaties of
this treaty
and every
article
and
in
this,
and that
stipulation therein
FOREIGN AFFAIRS.
1786.]
61
years to be com-
These
need no comment.
articles
It is
easy
to per-
sacrifice or give
now
exists,
and
will
do or do not make
It is
flour
by means of
way
to
Spanish
and the supply of that market, even by a circuitous route, cannot fail of affording a very lucralive
America
Mr. Gardoqui
is
Acapulco trade.
forbear to dwell minuloly on these commercial subjects, because nothing I could say respecting them
I
would be new.
My
attention
is
chiefly fixed on
and the
territorial limits
us.
ing
it,
which
then did.
SECRET JOURNAL.
52
now
[Aug. 3,
His
fo detail.
to
all
to seeing a
it
as a
of their
ward
to that event,
to
sow
in
the
passed between us
to
only
way
was
the other
any thing
to
The
truth
is,
that
writ,
it
we should be
by
force.
in
FOREIGN AFFAIRS.
1786.]
Circumstanced as we are,
dient to agree that
think
the treaty
63
i(
would be expe-
should
be
to
h'niited
Thus
ocean.
of the forbearance
in
and
to the
same period.
Whether Mr. Gardoqui would be content with such
an
article,
ing
cannot determine,
my
reasons
will not
2.
As
will
treaty,
in
he concluded.
that
is
navigation
do not want
it,
is
no great
in less
than twentyit
while we
sacrifice.
against us.
She
will
and
not
yield
it
some way or
however advantageous^
3.
never-
for several
1.
it.
respecting
nor
instructions restrain-
it
any power; as many of the states would be little inwar with Spain for (hat object at this day
clined to a
for those
and a variety of
to use
Why
therefore should
we
not^
what we know
is
not in our
power
to use.
SECRET JOURNAL.
64
[Aug. S,
If
exclude them
fron a I'ight,
prepared
wish
this,
They
will find
and be humiliat-
must
lose
some of
its
force
some
of
dignity.
It
Ame-
can be no
succeed,
have some hope that it would succeed, for I suspect Spain would agree, that as we are tempted to this
forbearance now by other articles in the treaty, the
I
like temptations
besides,
much
own
or ad-
beyond
ministration
if he can render that easy and satisfacperhaps, without much reluctance, leave
tory, he
may
life
It
am
opinion, do
us
FOREIGN AFFAIRS.
1786.]
With respect
to
territorial
55
it
limits,
is
me
clear to
of the
may
Floridas.
be taken
to
all
mode
still
be
left,
viz.
not
mean by
called
this, that
any
think
it
do
to
in
re-
for not
much our
not always
for
commis-
difficulty
in
selves in such a situation, as that our forbearing hostilities may expose us to indignities.
It is
lain
much
dormant
are vain
to
be wished that
for
years yet
to
all
come
The
or war, or disgrace.
happen
the second
we
last
is
and there-
the
bent to
first.
Permit me,
more.
If the
sir,
to
make one
system of Spain
or two observations
respecting us really
is
SECRET JOURNAL.
^6
what
suppose
it
to be,
then
it
[Aug. 3,
is
the
expected.
The
late
war has
left
her
make, particularly with Britain, whose attention to commerce leaves us no room to suppose her
She is now able and
indifferent to that with Spain.
ments
to
willin": to grant
may render
her
in
future both
traordinary
consider the terms she proposes as far more adbe found in her commercial
vantageous than any to
treaties with other nations.
for
If after all
we
should hold
it
would be
we may
nor
is
it
easily judge
in
the sight
those feel-
her
in a
from
sj'stem of politicks,
^n
us our claim to
its
it
was
ill
founded
FOREIGN AFFAIRS.
1?6.]
57
that nation
would there
bid us defiance, with impunity, at least until the American nation shall become more really and truly a nation
than
at
it
present
is.
obliged to wait
in
geous or glorious.
both at
cease
be the case,
to
nor, in
until a
my
These,
are
sir,
my
or vary from,
subjects; and whether they accord with,
those which may here prevail, yet I shall always re-
member
and that
that
it is
am
my
of Congress.
The
following
is
by the Secretary
Mr.
from
Gardoqui.
received
Spain being by
for
Foreign
consumer of
Affiiirs
all
the
VOL. JV.
SECRET JOURNAL.
68
[Aug. 3,
commercial
England
all
interests.
is
may
possible.
sume of
thousand seamen.
That great
To
tures
this
j
but as Spain
Under
utmost to
the
good understanding with Spain, fully assured that no other nation can outrival them in the
to a friendly
United
them
amazingly, as their flour, grain, rice, tobacco and seveother smaller articles, such as lumber, masts, yards,
[[ it be added to this, the
bees-wax, &c. are valuable.
ral
FOREIGN AFFAIRS.
1786.]
only masters of
may
59
who
if
well joined
be no doubt of
its
in
being a
mutual interest.
Letter
from
the
same
York,
to
May
the
same,
dated
New
25, 1786.
SIR,
The
period
is
arrived that
we have wished
for
many
months, when there would be a full meeting of Congress, that you might refer to them the difficulty which
me
and
that
you
will
to
be persuaded of what
have always
any nation to
banks belonging to his manavigate between the two
his conquests made by his royal
of
extent
the
from
jesty
arms over the English in East and West Florida, acassured you, that the king will not permit
the English,
cording to the dominion formerly held by
and the jurisdiction exercised by the commandant of
Pensacola, on which
tries
depended, as well as the counto the east of the Mississippi, of which formal posit
commandant
territorial rights
which he possessed
in
those parts.
SECRET JOURNAL.
60
Those
territories
were
in
that
same
[Aug. 3,
state
of con-
the
quest, and in the possession neither of England nor
United States, when they disposed of them. There
not
fix
in
which were
possession.
those stipulations as conditional, and dependent on the
situation in which things might be left by a general
peace.
be ignorant of the
good and generous disposition of his majesty towards
the United States, and the importance of his powerfid
His majesty having been pleased to give
so many strong proofs of favour to the Americans caplive in Barbary, and those he afterwards afforded for
friendship.
aiding their commissioners for negotiating and obtaining peace with those powers.
and
in a
much
interrupted in
appears
to
FOREIGN AFFAIRS.
1786.]
61
in
sury.
These
facts
to the
just
danger of enjoying
It
but
compacts reciprocally
illy,
useful,
rience
they are paid for in gold and silver ; whereas all other
nations pay with manufactures, (in great part articles
of luxury) with which they impoverish this country.
Spain
in
present state
its
There
is
is
consumer both
in
or other productions, he
may, consi-
themselves by their
own
industry,
SECRET JOURNAL.
6^
whenever one
[Aug. 3,
commerce, as be-
to
Spain
in
to
regard
made.
No
one
is
millions,
their navigation,
as well by their
which so much
by
promotes the growth and maintenance of iheir marine.
Spain has no occasion for foreign commodities to
become very
brilliant in its
she manifests, proceed solely from the benevolent attentions which with a liberal hand the king
which
will
consent
to
difficul-
guaran-
relaxations as
may be
may be convenient
to
them.
perceive the imand friendship of one of the
portance of the guaranty
in
first sovereigns
Europe, which will give consistency
to their confederacy,
will well
FOREIGN AFFAIRS.
1786.]
63
trious
illus-
confederacy
correspondent dispoand I hope that you will not delay to promote
and to advise me as soon as possible, that so salutary
sitions
it,
to
will entertain
a work
may
good
my
will
part, I
for
the
to be,
(Signed)
Sen.
Don John
for
Jay, Minister for)
AUGUST
On
&c. &.
DIEGO DE GARDOQUI.
U
s. 5
10, 1786.
In
affairs
made
the
following report.
Office of
Foreign Affairs,
August
17, 1786.
The
secretary of the United States for the department of foreign affairs, in obedience to the order of
to state
to
SECRET JOURNAL.
64
[Aug. 10,
That
rily
render
it
is
yet
that point.
how
far they
mean
to stretch their
claims
Mr. Gardoqui and your secretary have not as yet extended so minutely to that point as to enable him to
determine.
On
the 26th
was then
at
I
a paragraph of which you ought not to be ignorant
add
a
translation
and
shall therefore copy it verbatim,
;
as literal as
can make
it.
Translation.
By
of sixty-five militia men, and sixty Indians of the naSotu and Putuatami, under the command
tions
Otaguos,
FOREIGN AFFAIRS.
1786.]
65
of don Eugenio Pierre, a captain of militia, accompanied by don Carlos Tayon, a sub-Iieulenanl of militia,
by don Luis Chevalier, a man well versed in the lan-
continued risks from tho country being possessed by savage nations, and having to pass over
parts covered with snow, and each one being obliged
to
exposed
own
body
of
for it would
English, from opposing this expedition
otherwise have been difficult to have accomplished the
5
They made
in
it,
prisoners of the
Don Eu-
Illinois
rival at St.
mandant of
that post.
VOL. lY,
SECRET JOURNAL.
66
[Aug. 10\
The
'
in
case
lish
of
it,
the
this
formalities with
which the place, the country and the river were taken
possession of
I
am
this
ihe
in
name
be necessary for
persuaded
letter with remarks that would occur
will not
it
me
to
swell
to a
reader
which
This
is
ourquitling
sippi
all
below our
all that
was then
insisted
upon was
When
to
have
far
other
ideas on
the
subject.
FOREIGN AFFAIRS.
1786.]
67
Your
more from
and
proper line
of boundary between Spain and the United States in
That same map is now in the
that western country.
map
as,
for, a
explicit specification of
that
Your secretary
those suggested by
in
this
From
Count de
SIR,
"
lency
to
and being
wish to be
fully
conversations.
foresee,
am happy
to
have
it
would be glad
in
my power
to
and
in
order to
make
it
SECRET JOURNAL.
68
[Aug.
10,*
certain that
before Congress,
" His catholick
majesty desires that a lasting confi-
of the
des affaires
such, and
is
at this
moment
your excellency
going to
the two nations.
As you
is
interests of
London.
The
fear of raising
The
may
furnish
by means
in
favour of a
diminution
that
it
vantage
treaties, the
(^
FOREIGN AFFAIRS.
1786.]
"
69
detail in
"
Such,
sir,
have drawn
intend
that purpose.
Congress
and
am
am convinced
they
In
permitting
me
to
a claim
my
be,
&c."
From
de
^'
SIR,
"
SECRET JOURNAL.
TO
[Aug. 10,
shall
"
On
was
by
the
that his
it
which he wished
he would give me his word of honour for it; he answered me he would, and that I might engage it to the
United States.
"
1783.
Madrid, 22d
February,
(Signed)
He
LA FAYETTE."
these extracts to Mr. Gar-
and has
since told your secretary that the marquis misunderFrom these and similar facts and
stood the count.
FOREIGN AFFAIRS.
1,786.]
small compass
may
them
As
to the sentiments of
He
began
to
an
it.
del[jhia, treated
measures
He
still
at
it
as being
ill
for a dereliction of
it.
finds
"
to
their
communicated to
That his most
'
them
United States, that he wishes most arsuch an alliance and in order to make th<;
tiary to these
dently for
way thereto more easy,
commanded him
articles
which
to
communi-
his
catholick
to the
interests of
is
highly necessary that
themselves
with precision,
these United States explain
his
it
SECRET JOURNAL.
72
[Aug. 10,
That the
'
1.
articles are,
2.
The
The
The
sippi.
'
3.
'
4.
Mississippi.
'
That on
the
first article,
it
is
ward no
were permitted by
day
1763.
of
'
On
any
do not con-
them being
situated thereon,
'
On
it
is
ought
'
to
On
be removed.
of the Mississippi, whereon the settlements were prohibited by the aforesaid proclamation, are possessions
FOREIGN AFFAIRS.
1786.]
it
13
states
in those ter-
ritories.
having
exceedingly desirous of conciliating between his catholick majesty and these United States
is
friendship,
the
friendship.
That the
deem
catholick majesty
until
his
his
most christian
majesty's very
not
official.
vor..
IV.
The
following
10
claims.
is
a translation of
it
SECRET JOURNAL.
7^
[Aug.
10,
" IDEA
'
On
the
"The
States
question between Spain and the United
the
to
How
of JNorth America ia,
respective
regulate
towards
limits
Americans pretend
that their
the
The
Mississii)pi.
dominion extends as
far
as the
"
Ohio and
ihe
li
have
to
therefore, to
to
extend
determine
this
rii^ht, it
"It
is
is
known
France
or
under her
as
protection.
the
in
that
name of Allegany
part
to that
river.
"A
between
would be superfluous
will
suffice
1755, the
to
to
follow
observe, that
London;
the
but
particulars.
England proposed,
following boundary:
des Boeufs
point where the river
It
it
It
in
falls into
the Ohio, at
1786.]
FOREIGN AFFAIRS.
Venango
was drawn
place,
pendent
Venango,
set-
right
between
As
from whence
to the
savage
sissippi,
and
twenty leagues;
same
wont up
it
far as
73
it
them
as inde-
the
that
situated to
westward of the
the
mon
in
com-
"When
fered to
make
in
Canada
a cession of
1761,
to
France
of-
The
England.
Louisiana
was
in
question.
France pretended
made
to
a part of Louisiana
prove (hat
ed
to
the English
Canada.
The
same time,
minister of
The
of France
five
cut
Iroquois nations.
these
discussions
The
short.
'
SECRET JOURNAL.
Jff
[jAuj. 10,
in
Paris.
as forming part of
in
a precise and
It is
of London
itself,
when
it
and
it
have not
that they
To
lands.
at
"
The
principles
now
extend
its
her rights
degree of latitude
what is beyond
are therefore confined to this degree
towards the
thirty-first
is
England
neither
"The
in
question
and that
FOREIGN AFFAIRS.
1786.]
may
would be to no purpose.
" But the future
bring forth
may
and
me
be of use
75!
to
new circumstances
suppose that
it
would
section
angle of the gulf of Mexico, which makes the
between the two Floridas, to fort Toulouze, situated
from
tory Quenassie;
the river
Cherokee
Euphasee
;
where
be followed
to its
be drawn
be followed
to the
last
be followed
to
till
to the place
to
is
this
to
it
until
it
to
joins the
be pursued
this last to
receives the Pelisippi
from whence a right line is
;
;
source
Cumberland
west of the
is
of
it
river,
whose course
is
to
The savages
the Ohio.
described should be free, under
falls into
line
be
with them as
is
most convenient
to
The
themselves.
"By
will find
that
on
this river
Spain
;
and
new
ones.
SECRET JOURNAL.
78
" As
to the
[Aug. 10,
West
Florida,
she
alone
be proprietor of the
will
ever
may
"As
to
is
beyond
to the north-
is reason
to presume that
can
no
form
Their fate
the^reto.
Spain
pretensions
must be regulated by the court of London."
Your secretary
court of France on
ambassador's direction,
September,
at
1780;
an extract from
"On
Madrid, on the
1th d<iy of
The
November.
following
it.
tion, to inform
and
in
to
our
affairs since
continued
in
the
same
He
situation.
some concern
for
the
delays
him things
commenced
he come directly
told
again
He
met with.
expressed
I
told
him
FOREIGN AFFAIRS.
J786.]
79
tion as a delicate
take a part
in
surprised
of hearing further
intelligence.
the issue of
told
new motions
and
Congress
would readily be
;
him
that
that
to
at the
give them
la
Luzerne
trouble of communicatino- to
manner
in
which
this
was
way
me
only
sippi, thought
SECRET JOURNAL.
80
These
facts
tary, afford
and papers,
[Aug. 10,
He mentioned
in the
much evidence
to,
and
at the time
of
the peace.
in that
May
!?.st,
it
that the
is
not
letter of the
ready
to
23d
admit
to
all
be
limits
and your secretary thinks that the minister could have meant to allude only to our western
were not fixed
still
adheres
to
pretensions of which
France had been long and well informed, and therefore your secretary supposes the minister then had
those
in
view.
Your secretary
10
ranty.
FOREIGN AFFAIRS.
1786.]
AUGUST
81
28, 1786.
May, and the speech of the secrewhich report being as folforeign affairs
tary
lows
for
"August
23, 1786,
committee of the
In
whole,
partment of foreign
affairs,
are contained
as
in
the
United States
and hereby
for the
is
department of foreign
instructed,
in
his plan of a
affairs
be
treaty with
the ePiCargado de negocios of his catholick majesty, particularly to stipulate the right of the United States to
their territorial bounds,
and the
encargado de negocios
previously communicated
their approbation,"
'
be,
it
to
until
he hath
is
hereby
re-
for the
department of foreign
instructed,
encargado
if
in the
de
VOL. IV.
affairs
be and hereby
is
majesty,
it
SECRET JOURNAL.
82
[Aug. 28,
Mississippi as
much
of the river
or the ocean; provided thai such stipulation of a forbearance of the use of the said river for a limited lime
as aforesaid, shall not
be construed
to extinguish
the
tion, to
to the
ocean
affdirs
foreign
provided farther,
shall
not
its
source
on
stipulate
behalf of the
United Slates,
in
common
ty
and
to the
to their
its
is
hereby
And
farther
fixed
his Britan-
ty
FOREIGN AFFAIRS.
1706.]
unless the
same
condition to consent to n
shall
pretended rights and claims of his catholick majesto territory within the United States,
eastwardly of
the Mississippi
in
whether
virtue of
boundary
line
the Floridas
do
not,
hereby
and ought not of
boundary
as fixed
and that he
is
by the
shall not in
to the
line
any
extent of
And provided
that a disa-
as fixed in the
aforesaid
definitive
agree
to the settlement
agreement
that purpose
and
is
final
hereby authorized
to
by commissaries
;
for the
said disagreement
final
determination of
by commissaries, conformable
SECRET JOURNAL.
to the
laws
affairs is
[Aug.28t
full
powers on behalf of
"
in
" said
secretary of foreign affairs do and hereby is
"
to insist on the territorial limits or boundadirected,
"
"
''
ries of the
in
the definitive
ment,
yeas
and
nays
being
required by Mr.
King-
New
Hampshire,
Massachusetts,
Rhode
Island,
Connecticut,
Mr. Livcrmore,
Mr. Long,
Ay.
Ay.
Mr. Gorham,
Mr. King,
Ay.
Ay.
Mr. Manning,
Mr. Miller,
Ay. >
^5
Ay.
Mr. Johnson,
Mr. Sturges,
Ay.
Ay
^^-
I
.
^*
^^
FOREIGN AFFAIRS.
1786 ]
New
York,
New
Jersey,
Pennsylvania,
Maryland,
Virginia,
North Carolina,
South Carolina,
Georgia,
Mr. Lawrence.
Mr. Haring,
Mr. S.nith,
Ay. ^
Ay. > Ay.
Ay. )
Mr. Cadwalladcr,
Mr. Hornblower,
Ay.
Ay.
Mr. Bayard,
Mr. St. Clair,
No.
Ay.
3
>
r),^,,,
^^^idld.
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
No.
No.
Mr. Grayson,
Mr. Carringlon,
Mr. Lee,
No.
^
No. V No.
Mr. Bloodworlh,
Mr. White,
No.
No.
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
No.^
Mr. Houstoun,
Mr. Few,
B5
^
>
No.
Ay.)
No.)
)
^t
^^^'
No.
No.
No. J
,'
No.
Ay.
p.
lost.
first
the
first
up the following
instructions issued to J.
on the
part of the United Stales, with don Diego de Gardoqui, encargado de negocios of his catholick majesty,
SECRET JOURNAL.
ae
And on
[Aug. 28,
New Hampshire,
Mr. Livermore,
Mr. Long,
No.
No.
Massachusetts,
Mr. Gorham,
Mr. King,
No.
No.
Rhode
Mr. Manning,
Mr. Mdicr,
No.
No.
Connecticut,
Mr. Johnson,
Mr. Slurgcs,
No.
No.
New
York,
Mr. Lawrence,
Mr. Haring,
Mr. Smith,
New
Jersey,
Mr. Cadwalladcr,
Mr. Hornblower,
No.
No.
Mr. Bayard,
Mr. St. Clair,
^^'Ik^
^^'
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
-Ay. ^
Island,
Pennsylvania,
Maryland,
Virginia,
North Carolina,
South Carolina,
No.
No.
No.
>
xr
Ay.
Ay.
Ay.
Mr. Grayson,
Mr. Carrington,
Mr. Lee,
Ay.
Mr. Bloodworlh,
Mr. White,
Ay.)
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
Ay.V
Av.
Ay. )
Ay-
Ay.^
Ay. ^^.
Ay. ^
Ay. J
I
FOREIGN AFFAIRS.
1786.]
Mr. Houstoun,
Mr. Few,
Georgia.
So
it
passed
in
Ay.
No.
j^
Divided.
the negative.
AUGUST
29,
1786.
of the
made by
the delegates
of Virginia,
That
the further
The United
partment of foreign
with
full
power,
in
affairs,
be and hereby
is
invested
Ame-
may be necessary for establishing and fixing the boundaries between the territories of the said United States
and those of
the general
nations.
America
he
his catholick
harmony
That the secretary of
for the
hereby instructed, previous to his making propositions to don Diego de Gardoqui, or agreeing with
him on any article, compact or convention, to commuis
nicate
to
to
be made, or
88
SECRET JOURNAL.
received relative
to
such
article,
[Aug. 29,
compact or conven-
tion.
And
posed on him
Resolved, That
United States
to the
for the
department of foreign
af-
treaty,
:
secretary
" rica for the
department of foreign affairs be and here"
is instructed,
by
previous to his making propositions
" to don
Diego de Gardoqui, or agreeing with him on
"
article,
any
compact or convention, to communicate
ing
" to
Congress the propositions to be
" relative
made
or received
"
*'
"
encargado
"
previously communicated
" their
approbation."
negocios,
it
to
FOREIGN AFFAIRS.
1786.]
SS
And
May
my
tain
difficulties,
managed
which,
fore of submitting
to
1786. Sir,
In
experience cer-
opinion, should be so
my
main a secret
whether
in
29,
them should
re-
might not be advisable to appoint a committee, with power to instruct and direct me on every
it
with
it,
except
ness of
in
Congress, and
in
it.
to
explain, &;c.
August
1.
That all
Spain upon the following princi[>les.
commercial regulations affecting each other shall be
founded in perfect reciprocity. Spanish merchants
shall
merchants
shall
VOL. IV.
enjoy
12
all
SECRET JOURNAL.
9W
of native merchants
the
in
[Aug. S,
and other islands belonging and adThe same privileges shall extend
jacent thereto.
to their respective vessels and merchandise consistin the countries
ing of
manufactures
the
and productions of
their
establish
shall be ascertained
by a par-
ticular convention.
manufac-
countries.
2.
respective
consuls in the countries of the other, excepting such
have heretofore
provinces in Spain into which none
been admitted, viz. Bilboa and Guipuscoa, with such
3.
fide
parts of his
in
its
present
American or Spanish
manner
as
if
they
manner
them, by either party, shall be ascertained and regulated on principles of exact reciprocity, by a tariff to be
formed by a convention for that purpose, to be negotiated and made within one year after the exchange of
the ratifications of this treaty and in the mean time
;
payable by natives
in like cases.
4.
That inasmuch
FOREIGN AFFAIRS.
1786.]
81
shall
commonly
5.
It is
commerce
for
years, to
force for
full
we
years.
The
ment
secretary having thus, agreeably to his stateaforesaid, conducted the negotiation committed
encargado of Spain
now
and preserve
at the
to
to a point,
it
examine well
may be
calcu-
same time
These must be
the in-
either in
plan
first
instance, to
examine the
itself.
The
secretary hath united the project of a commercial treaty with Spain, with the
interfering claims of the
SECRET JOURNAL.
i2
the boundaries
sippi,
terms
in
to obtain
[Aug. 28,
what he
calls liberal
The
project
is
It
plain and simple one.
proposes to give the merchants, the vessels, and the productions and manufactures of each country in the ports of each other, viz.
of the country
first
in
itself.
It
behooves
those
instances from
the condition
make
on which we
now
stand.
Secondly, whether this alteration, if there
should be any, will be beneficial to the United States.
1. As to merchants.
We cannot suppose (and believe the contrary to be the case) that the king of Spain
any discrimination in the ports aforesaid between merchants, his subjects, and those of other
iTiakes
nations.
The laws
'of
are precisely the same in both instances in their apIf discriminaplication to foreigners and subjects.
tions therefore in this line can be beneficial,
we
tie
up
As
to vessels
engaged
in
,-
FOREIGN AFFAIRS.
1?86.]
9^
own
Here
subjects.
we
As
&c.
The two nations engage
each other into the ports aforesaid,
as if they were their own.
With respect to Spain and
the Canaries this is certainly the case at present. The
3.
to productions,
to receive those of
cepted, which
is
admit a construction
of,
manner
that the
the
those
we now enjoy.
verted,
Can
be received into
the ports of
let
But how
will the
secretary's project affect us
The
by
is
port
cle
commerce
most severe
in
is
.f-.
SECRET JOURNAL.
94
[Aug. 29,
is shut
against us ; and that it is the interest
of those powers, as it would after this treaty be that of
nean sea
should be so always
it
Spain also,
that the
West
wheat and
ed
India
that the
rice trade
is
is
monopoly
in the
hands of the
home
to give
citizens exclusive
in
own
Spain shall be admitted into the carriage of our productions, &c. upon the same footing that we are into
that of hers.
such as
to
employ
carriage, such a
states, in their
we
consider
If the
the
were
in the
circumstances, be unwise.
how few
ships will be
employed
in the car-
riage of the productions, &c. of Spain, how unimportant they are in point of bulk and proportion to that
of the productions
Britain,
to
which gives
to her
own
with
all
to
FOREIGN AFFAIRS.
1786.]
S5
have
expose her
by
this
engagement. If
meant that productions, &c. of the one
is
it
only excepted)
portant.
its
The
parties
have
in that instance
given up
own.
The
case
is
it
perhaps without a
never could have
may be considered
inconvenient
in
1763, annulled.
thus
connected, and
others, and
by
that
made dependent on
means of securing
that of
to themselves a
SECRET JOURNAL.
fi6
[Aug.
Many
different countries is
in
power
nations.
made
2t>,
this
subservient, de-
the
which
to
it
frugality,
and
to
if to
arts at home, by
from
other
countries, the right by
prohibiting imports
this treaty would be abrogated.
In short, the police of
these states would be so interwoven with that of Spain,
and the management of her own system made so dependent on her will, that we should not be able to act
on
afterwards.
it
Such a
stipulation
for
would also be
by
it
each state
If
such then
tion of the
compact
is its
purport,
itself,
it is
in direct
violaIf
it
is
our intention
and
to
cannot
to
fullil.
not debase
it
It is
sufficiently
further.
If,
encouraging imports
and exports, by imposing what duties they may from
iime to time think proper, under this restriction only,
TOREIGN AFFAIRS.
1786.]
9t
pay
in the ports of
prohibition
commerce
at an end.
Each party still retains the
of
right
contracting with others, and without restraint.
For instance, Spain might covenant with France to
admit her
equally on her
citizens,
there would be
no violation of the treaty; and thus, while she preus, she would give a monopoly
France.
in these articles to
this
stipulation,
liberal
nation.
presents at
that
in
either view,
and advantageous,
It
So
will not
first
when
view,
to
be so
appearance, plau-
Our
treaties with
coming
these benefits
ed
The
and
for in so doing,
or nothing.
evils of this project will therefore be almost uniVOL. IV.
IJ
they give up
little
SECRET JOURNAL.
98
versal,
also
anrl
of course without
of right
equivalent
[Aug. 29,
They
remedy.
will
so doing,
require a consideration
value of the occlusion of the Missisfor
to the
sippi.
all
Spain
is,
of
all
mercial restrictions
we have
whom
whose com-
there
is
Encumbered
with her
to.
all
immense
Britain.
Spain will theretogether into the arms of
fore maintain her connexions with France, from whose
now
stand
we may
therefore
she
fails in
sition of the
to
her by the
will either
FOREIGN AFFAIRS.
1786.]
fully the
terms
we
require, or at least
99
still
seek an ac-
By
procrastination she
at-
will
still
As
to the
States to
ed
but
also inadmissible
it is
and
the
ply even if the commercial project were an advantaIn the present state of the
geous one.
powers of
should be the policy of every wise statesto pursue such a system of conduct as shall be
Congress,
man
it
in
would tend
have ceded
to the
but
to defeat that
it,
this
measure we apprehend
object.
The
states
at large,
who
look up
will
depend
the
Mississippi.
The
By suspending
this right
we depre-
By
SECRET JOURNAL.
100
[Aug. 29,
it is
ed into
ginal
states,
The
ori-
spirit of this
it,
memberment
tionably
is,
of the government,
which
this
one would supp'^se would prevent even the consideration of the subject by Congress.
That the United
States have a right to the free navigation of the Mississippi,
and the
boundaries as
established
in
the
treaty with Great Britain, is a truth too well established in the journals of Congress, and too fully supported
by their acts on the subject, to require any thing to be
To proceed on a consuch
a contradiction to
trary principle would manifest
their former acts, and be such a subversion of the
said at this day in
its
of nature and
rights
favour.
lessen
them
sacri-
the
It
states,
as
to
to
To
let
"of
he
is,
being naturally no
FOREIGN AFFAIRS.
S786.3
*'
*'
proprietor
head of the
"or
^'
more than
" of the
101
of the publick
dispose
rule then
is,
him a
right to alienate
property.
The general
*'
''
*'
resume the possession of all the domains of the crown alienated by his predecessors.
Henry
*'
The
fourth to
"
to
all
the prc-
it,
may convey
perty belonging
"sovereign, and consequently confer upon him that of
it
pie happy by his government, it is not to be presum" ed that the nation has
and if it has not
given it him
" made an
express law for that purpose, it ought to be
;
"
265.
The
"has he
the
"answer
as
"domain.
is
power
to
the fundamental
Let us
laws
forbid
the dis-
"and
absolute authority, he
"the
is
it
SECRET JOURNAL.
102
" declares
" don
"a
"
its
view
its
will.
The
in a
members, but
[Aug. 2J,
and
to
preserve
itself
from
total
ruin
" for
" absolute
is to
judge of the necessity of
" the
and
what
the
case,
safety of the state requires.
" On occasion of the
treaty of Madrid, the prin-
authority, he
"cipal persons
in
France assembled
at
Cognac
after
"necessary
imposed
rigorous conditions,
But
"not assemble
at present,
in
would remain
<i5
FOREIGN AFFAIRS.
Itse.i
lOS
However, by way
"
pre-
Vol.
ii.
b.
at present
this
116. p. 4. ch. 2.
" limited
power
" not of himself
is
authorized to
formality seems to be
sect.
10.
make peace,
"
When
as he can-
stipulation
effect,
By
United States, each state retains its sovereignty, freedom and independence, and every power, jurisdictiou
subordination to
it.
No
treaty
SECRET JOURNAL-
104
be valid
which
in
[Auj. 2^^
much
pressing.
How
then shall
trade
will
powers,
wise would
is
so
restrained
by the piratical
be,
it
other-
continuance of the negociation in the hands of the secretary alone, as his sentiments are now known in Congress,
and
differ so
be advisable.
Upon
the
first
point, therefore,
it
will
it
be
Upon the
negociated under the mediation of France.
second it will be jtroper, agreeably to the arrangement
Annapolis, that two other commissioners be appointed with Mr. Jay, the consent of the majority of
whom shall be necessary to conclude the treaty.
at
It is to
to
treat
to
Annapolis, of 7th
all
the other
to run,
FOREIGN AFFAIRS.
1786.J
105
Congress upon
and making their
be established
in
ma-
gentlemen with respect to Spain, without even mentioning it, or agreeing on the principles in the instruc-
That
bly settled,
and
lliat
it is
may enjoy
recip-
hereby
to cultivate
efidence of
this disposition
their interfering
the boundaries,
chums respecting
the Mississippi,
1.
and
That
New
down
the
iver Mississippi
by
states
SECRET JOURNAL.
106
portation.
That
[Aug. 29,
passengers only,
payment within
exceeding
six
crown of Spain.
exportation, to the
duce aforesaid
be exported thence
shall
American or French
vessels,
in
Spanish,
responsible for
of
the citizens
factors
any
New
Orleans,
who
shall
be
United States.
the
be permitted
to
That American
of exportation only.
management
That as to the boundaries, they must insist on those
And
established in their treaty with Great Britain.
of the
business
shall
this
be
effect,
FOREIGN AFFAIRS.
1786.]
said subjects
107
soever.
copy of these
known
to his
instructions,
and directed
to
make
they have for his person and family, the gratitude they
bear for his former good offices, and the earnest desire
be amicably settled.
That the resolutions of the 20th July, 1785, and the
may
words above
pealed.
to
accede
to the said
terms.
to
paying
in their
in
1st,
own
own
both cases
where
it
is
freely granted
to
such na-
SECRET JOURNAL.
18
[Aug. 29,
May, 1784.
On
the question to postpone for the purpose abovementioned, the yeas and nays being required by the
delegates of Virginia
New
Hampshire,
Mr. Livermore,
Mr. Long,
Massachusetts,
Mr. Gorham,
Mr. King,
Rhode
Mr. Manning,
Mr. Miller,
Island,
Connecticut,
Mr. Johnson,
Mr. Sturgcs,
New
York,
Mr. Lawrence,
Mr. Haring,
Mr. Smith,
New
Jersey,
Mr. Cadwalladcr,
,'alladcr, No.
Mr. Hornbl
blower. No.
Pennsylvania,
Maryland,
Virginia,
North Carolina,
Mr. Bayard,
Mr. St. Clair,
i^t
^
No.?
No.S^^*
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
Mr.
Mr.
Mr.
Mr.
Grayson,
Monroe,
AyO
Carrington,
Ay-
Lee,
Ay.j
Ay.!
Ay.
^'''
FOREIGN AFFAIRS.
1786.]
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
South Carolina,
Mr. Houstoun,
Mr. Few,
Georgia,
So
On
it
passed
the
in the
question to
10
Ay.-)
^y- vay
Ay. p^-
AyJ
Ay.) Ay.
Ay.
negative.
agree to the
first
resolution re-
New
Hampshire,
SECRET JOURNAL,
110
Mr.
Mr.
Mr.
Virginia,
Noiih Carolina,
South Carolina,
Georgia,
So
it
[Aug. 29,
Monroe,
'
Can
Carrington,
Lee
No.
No.
Mr. Bull,
Mr. Pinckney,
Mr. Hugcr,
Mr. Parker,
No.
No. >No.
No. J
Mr. Houstoun,
Mr. Few,
No.
No.
^^'
5
No.'^
^^'
5
was
Resolved, That so much of the resolution of Congress of the 55th day of August, 1785, being an instruction to the secretary of the United Slates for
is
contained
liie
in the fol-
" States
"
"
" tain
"
and
treaty,
'
that he
compact
neither
conclude
or
sign
any
or convention, until
viously communicated
it
" their
approbation," be and the same
pealed and made void.
is
hereby re-
FOREIGN AFFAIRS.
17P,6.J
AUGUST
Ill
30, 1786.
to
amend
hereby
foreign
to the end,
"
and
in lieu
the
is
directed," inclusive,
"
is
directed, to insist on
do and
hereby
" or boundaries of the United
States, as fixed in the
"definitive treaty of peace and friendship between the
" United States of America and his Britannick
majesty ;
" and he is farther
not
to
form
instructed,
any treaty
with the said encargado de negocios unless the said
" limits or boundaries are
thereby acknowledged and
" secured."
'
Mr. Monroe,
following proposition
Whereas under
The United
States in
federation it is declared
" Congress assembled shall not enter into treaties or
And whereas by
SECRET JOURNAL.
11-
[Aug. 30,
secretary
"
partment of foreign
affairs
be and hereby
is
instructed,
" in his
plan of a treaty with the encargado de nego" cios of his catholick
majesty, particularly to stipulate
" the
of the United States to their territorial
right
"
"
communicated
previously
it
And
as the re-
peal l)y seven states of the said recited last clause has
the effect of enlarging the powers of the said negotia-
nine states
is
to
it
The
t
'
MS
EOHEIGN AFFAIRS.
1786.).
treaties
a treaty entered
into in pursuance of instructions be not ratified, by the
law of nations it is causa belli. If only seven states
principles of the confederation.
If
repeal the said last recited clause of Mr. Jay's instructions, and he thereupon proceeds to enter into a treaty
under instructions
Therefore,
Resolved, That the secretary for foreign
ratify
and
affairs
be
lick majesty,
fix
the
to the free
its
source
to the ocean,
to negotiate
voi..
IV.
15
SECRET JOURNAL.
114
[Aug, 30,
to ratify
incompetent.
On
Bloodworth
New
Mr. Livermore,
Mr. Long,
No.
Massachusetts,
Mr. Gorham,
Mr. King,
No
No.
No :]
Rhode
Mr. Manning,
Mr. Miller,
No.
Hampshire,
Island,
Connecticut,
Mr. Johnson,
Mr. Sturges,
New
York,
Mr. Lawrance,
Mr. Haring,
Mr. Smith,
New
Jersey,
Mr. Cadwallader,
Mr. Hornblower,
Pennsylvania,
Mr. Bayard,
Mr. St. Clair,
Maryland,
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
Virginia,
Mr.
Mr.
Mr.
Mr.
Grayson,
Monroe,
Carrington,
Lee,
No.
No
No.)
No.
No.> No.
No.
Ay.-)
Ay. I A
Ay. .^^^
Ay.J
FOREIGN AFFAIRS.
1786.]
North Carolina,
South Carolina,
Georgia,
So
it
Mr. Bloodworlh,
Mr. White,
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
Mr. Houstoun,
Mr. Few,
115
Ay.
Ay.^
Ay.
>Av.
Ay.
Ay.j
Ay-
Ay
On
New
Hampshire,
Mr. Livermore,
Mr. Long,
Massachusetts,
Mr. Gorham,
Mr. King,
Rhode
Mr. Manning,
Mr. Miller,
Ay.
Connecticut,
Mr. Johnson,
Mr. Sturges,
^yAy.
1
\
Av
Av.
New
York,
Mr. Lawrance,
Mr. Ha ring,
Mr. Smith,
New
Jersey,
Mr. Cadwallader,
Mr. Hornblower,
1
5
Ay
^^
Island,
Pennsylvania,
Mr. Bayard,
Mr. St. Clair,
^yAy.
Maryland,
Mr. Henry,
Mr. Harrison,
No.
No.
No.
SECRET JOURNAL.
Xl6
Mr.
Mr.
Mr.
Mr.
Virginia,
North Carolina,
South Carolina,
So
it
Grayson,
Monroe,
Carrington,
Lee,
Mr. Bloodworth,
Mr. White,
No.
No.
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
No. j
No.
p^No. J
Mr. Houstoun,
r<
Mr. Few,
Cfeorgia,
[Aug. 3q,
^
^-
No.^
I
No.
) rv
Ay.
At-
Tvr
was resolved
Divided.
in the affirmative,
"
"
pose, and
if
"to pro-
United States
in transporting the
bona
shall not
be
fide
"interrupted
productions
"of the United States upon the Mississippi river from
" the
thirty-first degree of north latitude to the city of
" New
Orleans, where they shall be allowed to land
" the
same, and permission be granted to occupy
"storehouses and other necessary buildings for the
"reception thereof. That the boats or other vessels,
"on board of which the said productions shall have
" been
to New
shall have
transported
" leave
to return
Orleans,
free
up
any place
"within the territory of the United States; provided
" that so far as
they navigate below thirty-one de-
FOREIGN AFFAIRS.
1^(86.3
*'
"
11^
"
by permission of the Spanish government in Florida.
" That American merchants or factors shall have free
" leave to reside at New Orleans, for the
of
purpose
*'
"
brought
down
the
as
productions
said river
may be
Mississippi, and
"
exporting the
"
same from
thence
in
for
American or
re-
"
That a duty of
per cent.
spective countries.
" ad valorem shall be
of
the
to
crown
Spain
paid
"
upon all American produce shipped from the said
"
city of New Orleans in American bottoms within six
" months after such
exportation, for which good and
" sufficient bonds shall be
given previous to the dc*'
" duce
"
freely navigate
of
New
Orleans
but shall
*'
" cation."
inserting
amendment
to the
SECRET JOURNAL.
118
New
Hampshire,
Mr. Livermore,
Mr. Long,
Massachusetts,
Mr. Gorham,
Mr. King,
Rhode
Mr. Manning,
Mr. Miller,
Island,
[Aug. 30,
Connecticut,
Mr. Johnson,
Mr. Sturges,
No.
No.
New
Mr. Lawrance,
Mr. Smith,
No.
No.
York,
New
Jersey^
Pennsylvania,
Mr. Bayard,
Mr. St. Clair,
Maryland,
Mr. Henry,
Mr. Harrison,
Virginia,
Mr.
Mr.
Mr.
Mr.
Grayson,
No
N-
No.
No :|no.
Ay.) Ay.
Ay.
AyO
Monroe,
Lee,
South Carolina,
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
Georgia,
Mr. Houstoun,
Mr. Few,
it
No.
_
Carrington,
North Carolina,
So
No.
Ay.J
Ay.? Ay.
Ay.i
FOREIGN AFFAIRS.
1786.]
119
New
Hampshire,
Mr. Livermore,
Mr. Long,
^y-
Ay
Ay
Mr. Gorham,
Mr. King,
'^-.W
Ay
Mr. Manning,
Mr. Miller,
l];:l-
Connecticut,
Mr. Johnson,
Mr. Sturges,
Av
Ay ;JAv.
New
York,
Mr. Lawrance,
Mr. Smith,
^yAy.
New
Jersey,
Massachusetts,
Rhode
Island,
A)
1
I
)
Mr. Bayard,
Mr. St. Clair,
Ay. \
Ay, 5
Maryland,
Mr. Henry,
Mr. Harrison,
No.
Mr.
Mr.
Mr.
Mr.
No.^
North Carolina
South Carolina,
Grayson,
Monroe,
Pennsylvania,
Virginia,
Av
^^-
^'''
No ;|no.
Carrington,
No. I M
No. .^No.
Lee,
No.J
Mr. Bloodworth,
Mr. White,
No. ?
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
No.-A
No.S."-^"*
No. I M.
No. >^^-
No.J
SEC^.ET JOURNAL.
Mr. Houstoun,
Mr. Few,
Georgia,
So
The
lows
was resolved
it
in
No.
No.
the affirmative.
[Aug;. 3^,
amended
to the
to
read as
United States
fol-
for the
department of foreign affairs be and hereby is instructed, to propose, and if possible obtain the following
stipulations, viz.
That
river,
of
New
of which the said productions shall have been transported to New Orleans, shall have free leave to return
up the Mississippi river to any place within the territory of the United States; provided that so far as they
navigate below thirty-one degrees north latitude, they
any species of goods, wares or merchant
vernment
in
factors shall
Florida.
to reside at
New
Orleans
purpose of receiving such American producmay be brought down the said river Mississipand for exporting the same from thence in Ameri-
for the
tions as
pi,
FOREIGN AFFAIRS.
1786.]
New
121
may
the
freely navigate
mouth
to
New
That
Spain, under pain of seizure and confiscation.
if in the course of his
the
with
encargado
negotiation
de iiegocios of his catholick majesty, it shall be found
indispensable for the conclusion of the same, that the
for a
limited time,
as
is
and directed, on behalf of the United States, to consent to an article or articles stipulating on their part
and that of their citizens, a forbearance of the use of
the said
twenty years, from the point where the southern boundary of the United States intersects the said river to
ed time, as aforesaid, shall not be construed to extinguish the right of the United States, independent of
such stipulation, to use and navigate the said river from
its
in
VOL.
IV.
16
SECRET JOURNAL.
122
ty
and
his subjects,
below
its
[Aug. 30,
shall
it
be
agreed and stipulated in the same treaty, that the navigation and use of the said river, from the intersecaforesaid to
tion
and
its
common
to
to the
do and
hereby
boundaries of the United States as fixed
nitive treaty of
led States of
he
is
in the defi-
America and
On
amend-
ney
New
Hampshire,
Massachusetts,
Rhode
Island,
Connecticut,
New
New
York,
Jersey,
Mr. Livermore,
Mr. Long,
Ay.
Ay.
Mr. Gorham,
Mr. King,
Ay.
Ay.
Mr. Manning,
Mr. Miller,
Ay.
Ay.l"^^'
Mr. Johnson,
Mr. Sturges,
Ay.
Ay.
Mr. Lawrance,
Mr. Smith,
Ay.
Ay.
Mr. Cadwiillader,
Mr. Hornblower,
Ay.
Ay.
'''' "
>
^^
,
'(
'^^'
5
)
FOREIGN AFFAIRS.
nse.j
Mr. Bayard,
Mr. St. Clair,
Pennsylvania,
123
Ay.
Ay.
^^
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
Maryland,
Mr.
Mr.
Mr.
Mr.
Virginia,
Grayson,
Monroe,
Carrington,
Lee,
North Carolina,
Mr. Bloodworih,
Mr. White,
No. ) xj
No. l^^-
South Carolina,
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
No. Ut
'
j.iu.
No.
No. J
Mr. Houstoun,
Mr. Few,
No :
Georgia,
No.-)
No.
N]
lost.,
AUGUST
31, 1786.
Whereas under
ration
it
is
:"
and whereas
day of August,
by
to the
same
SECRET JOURNAL.
124
following, viz.
"
"And
which was
in the
words
be substituted
"partment of foreign
"
[Aug. 31,
ed,
in
his
affairs
plan of a
last
the
confederation;
and as
a greater
follows, that
to
delegate cannot
him, nor delegate to
a
it
The
FOREIGN AFFAIRS.
1186,]
12S
tion of persons,
If a treaty entered
principles of ihe confederation.
into in pursuance of instructions be not ratified, by the
law of nations
causa
belli.
If
confederation
by the authority
;
re-
United
Resolved,
That
to
Therefore,
tions, restraining
to the free
when
gress
negotiate upon
different principles
than
those
to
under
which he was formerly instructed by the said resolutions of the 20th July and 25th
August, 1785; nor.
SECRET JOURNAL.
126
[Au*. 31,
to
ratify
On
the previous
state of
New
Hampshire,
Massachusetts,
Rhode
Island,
Connecticut,
Mr. Livermore,
Mr. Long,
Ay.
Ay.
Mr. Gorham,
Mr. King,
Ay.
Ay.
Mr. Manning,
Mr. Miller,
Ay.
Ay.
Mr. Johnson,
Mr. Sturges,
Ay.
Ay.
New
York,
Mr. Lawrance,
Mr. Haring,
Mr. Smith,
New
Jersey,
Pennsylvania,
Maryland,
Mr. Bayard,
Mr. St. Clair,
Ay.
Ay.
Mr. Henry,
Mr. Harrison,
Mr. Ramsay,
No.
No.
No.
"
^"^*
5
>
^
^^'
^
)
No.
FOREIGN AFFAIRS.
1786.]
Mr.
Mr.
Mr.
Mr.
Virginia.
North Carolina,
South Carolina,
Georgia,
So
it
No.^
Grayson,
Monroe,
No. >,
No. '^^'
No.
I
Carrington,
Lee,
^^*
5
Mr. Bull,
Mr. Pinckney,
Mr. Huger,
Mr. Parker,
No. ^
No. p^'
No. J
Mr. Iloustoun,
Mr. Few,
No.
No.
was resolved
question was
127
No."^
1
in the affirmative,
>
t^t
'^-
set aside.
SEPTEMBER
2G, 1786.
On
ing
Mr.
Lamb
immediately
to repair to
SEPTEMBER
28,
New
York.
178G.
A motion having been made by Mr. Pinckney, seconded by Mr. Carrington, in the words
following:
Whereas under the ninth of the articles of confcde-^
ration
tiie
is
And whereas
SECRET JOURNAL.
ihc honourable
[Sept. 2g^
to
the United
20th July and 25th August, 1785, with the assent and
under the authority of nine stales, instructed to enter
gado de negocios of his caiholick majesty, upon certain principles, and under certain restrictions herein
after
mentioned
and
whereas, on the
29ih day of
place
last
clause
that the
in
the
said
instructions,
following be substituted in
United States
i!s
for the
"
department of foreign
"
"
"
"
negocios of his
affairs
catholick
be and hereby
majesty,
is
particularly
in-
to
treaty,
compactor convention
until
he hath
^'
" ed
negotiator,
mer
is
as lost,
partial repeal
FOREIGN AFFAIRS.
1786.]
229
be considered as
to
report of the committee of the whole, but did not decide that the same was carried, and could be consider-
of Congress
has
question
is
Is
on the journal
set aside
in the
same
or ought the
moved and
by
and
therefore
gust?
On
Mr.
same
Au-
this a question of
1st
" when a
question
"
''
tion,
it
shall
is set aside
by the previous quesnot be in order afterwards formally or
substantially to
gress."
And
VOL. IV.
move
the
many
states
represented
shall
in
be
Con-
17
SECRET JOURNAL.
130
[Sept. 28,
Pinckney
Massachusetts,
FOREIGN AFFAIRS.
1786.]
was
131
So
the question
lost.
ed by Mr. Carrington,
in
his catholick
ma-
jesty.
And on
the question
Massachusetts,
Mr. Gorham,
Mr. King,
Mr Dane,
Rhode
Mr. Manning,
Mr. Miller,
Island,
Connecticut,
No.
N\
Mr. Johnson,
Mr. Sturges,
No.>
No.
^-
vr
N-
New
York,
Mr. Haring,
Mr. Smith,
New
Jersey,
Pennsylvania,
Mr.
Mr.
Maryland,
Mr. Ramsay,
Virginia,
Pettit,
St. Clair,
Mr. Monroe,
Mr. Carrington,
Mr. Lee,
No.
No
SECRET JOURNAL.
132
North Carolina,
South Carolina,
Georgia,
Mr. Bloodworlh,
Mr. White,
Ay.
Ay.
Mr. Pinckney,
Mr. Parker,
Ay.
Ay.
Mr. Houstoun,
Mr. Few,
No.
Ay.
'^'''
^^
Divided.
lost.
OCTOBER
On
[Oct. 3,
w
3,
1786.
for the
ed States,
Resolved, That a copy of that report be transmitted
to the minister plenipotentiary of the United States
in
at Paris,
order that he
fully
is
liable.
That a
certified
That
copy of the scheme of such convenin the above act of Congress, be also
a certified
tion, referred to
sent to him.
That he be
instructed to
communicate the
said act of
most christian
Congress and the said scheme
the instances in which
majesty, and to point out to him
to his
FOREIGN AFFAIRS.
1786.]
That he be
133
be so amended as perfectly
And
further, that
he represent
to his
majesty the
Congress
and good
faith in all
diately ratify
will im-
it.
That
Resolved,
the honourable
Thomas
esquire,
States at the court of Versailles be and he
to
Jefferson,
of the United
is
hereby
bly
to the
scheme abovementioned
it
conforma-
in
every respect,
are permitted by the
to
SIR,
1
to
you herewith
SECRET JOURNAL.
134
No.
1.
A copy
[Oct. 3,
No.
3.
A copy
No.
4.
No.
5.
A
A
copy of a report on
copy of an
you on
the subject
These papers
business.
does
to
as
it
will possess
am
you
that
it
fully
of the whole
will
persuaded
appear
Congress to be a delicate one, and
quire delicate
management.
The
original
to
you
to re-
scheme of
the convention
scheme and
1782
provided a clause
It will be proper therefore to press on the
court 07\ly such objections to the convention as arise
;
added.
from
its
tionable.
that his
FOREIGN AFFAIRS.
1786.]
135
The
ing
its
duration.
for mutual
it
inducements
to
it,
renew
either in
it,
its
present
amendments
as time,
The Scheme
may
indicate.
between
of a Convention
his
Most
America, for defining and regulating the Functions and Privileges of Consuls, Vice Consuls,
Agents and Commissaries.
The most
christian
and
manner
tively,
commissaries respec-
ARTICLE
It
tian
I.
his
most chris-
in the first
shall
SECRET JOURNAL.
136
[Oct. 3,
by whom an
such.
act shall be
This act
shall
be delivered
by the consuls
as
to
the
Two
supreme execu-
one or more gazettes. This being done, the pre-eminences, authority and privileges stipulated in this convention, shall be allowed to them in
all
tribunals,
and by
all
all
persons.
ARTICLE
ir.
States
places, before
majesty and of
vice
state
to
which
manner
all
the pre-
before
all
tribunals^
ARTICLE
and by
all
persons.
III.
citi-
FOREIGN AFFAIRS.
\1S6 ]
from
all traffick
commerce
or
for their
ISt
own
or another's
benefit.
ARTICLE
IV.
They
shall not
confine
themselves wholly
to the
assisting of
and vessels, and giving information respecting them to the nearest consul or vice
merchants, mariners
consul.
ARTICLE
V.
persons.
any number of
persons, and be
full
for their
service, pub-
watch, ward, guardianship, attorneyship, committeeship, and from all duties, taxes and imposts whatsoever,
on moveable property ; but shall be liable in respect
of real and landed property in the same manner as the
The arms of his
subjects or citizens of the country.
18
SECRET JOURNAL.
138
case
[Oct. 3,
of their
be, shall be placed on the outer door
to
the
house
entitle
shall
so
and
may
house
placed,
being
But no asylum
shall
be
or criminals, who
thereby obtained for malefactors
demand. The
on
shall be delivered up immediately
same privileges and immunities as those granted in this
fifth article to
ed
to
may
belong.
ARTICLE
VI.
ARTICLE
In all cases in which
it
VII.
may be
who
shall require
in writing,
message respecting
it:
and
FOREIGN AFFAIRS.
1786.]
13?
and bona
fide
on these occasions.
ARTICLE
The
VIII.
may esta-
the officers of
the chancery, administer to them an oath of office, entrust to them the keeping of the seal, and the right of
affixing the
same
consular acts
to
discharge the
to
ARTICLE
The
IX.
their
all
chancery, or
the declara-
and other acts which the captains, masters, seamen, passengers and merchants of their nation shall
think proper to make or lodge therein and last wills
tions
and testaments, and copies of any acts duly authenticated by the consuls or vice consuls, and under the
seal of their consulate, shall receive full faith
and cre-
SECRET JOURNAL.
140
tion
who may
their accounts,
They
die within
and
[Oct. 3,
selling
their
moveable property.
two
merchants of
and cause
their
own
own
choice,
judgment, act or bill, shall be discharged the signature or hand writing and genuineness thereof being
first certified by two merchants of the same nation with
:
at least,
all
who
is
terests
and
costs.
The
bound be-
ARTICLE
X.
The consuls and vice consuls respectively shall receive the declarations, consulats, or other consular
FOREIGN AFFAIRS.
1786.]
141
where subjects
or citizens of their
own
nation
But
are
ARTICLE
XI.
consul
may
an inventory thereof.
offi-
To
prevent all clashing of jurisdictions in case of shipwreck, it is agreed, that where there shall be no
consul or vice consul, or they
from the
may be more
distant
law
SECRET JOURNAL,
I4S
([Oct. 3,
his transactions,
is
naval
their
office, in
Upon
it
in the
country,
if
all
duties of exportation, or
prohibited.
bited goods, there shall be an abatement of the duties
on importation, in proportion to the damages sustained
the shipwreck, to be determined by the account
taken by the consul, vice consul or judge of the coun-
by
try, or
of the
accident.
ARTICLE
The
XII.
For
this
FOREIGN AFFAIRS.
1786.]
143
molestation or hindrance from any officer or other person, visit the said vessels.
They may cause to be
arrested and sequestered every vessel carrying the flag
of their respective nations, and even send them back
to France, or the
seaman or pas-
be transported therefrom. It shall be sufficient evidence of the sailors and deserters belonging to their
respective nations, if their names appear in the register
of the vessels, or the roll of their crew.
Proof being
made concerning
thus
sailors
and deserters,
all tribu-
judges and officers whatsoever, shall be interdicted and disabled from taking cognizance in any manner
of complaints exhibited by such sailors or deserters.
nals,
But they
shall
engaged or withdrawn
powers vested
in
in
any manner.
That these
completely executed,
all
persons
in
may be
ihcm
kept
in prison, at the
SECRET JOURNAL.
144
ARTICLE
All offences committed in
[Oct. 3,
XIII.
such state.
in
France by a
of France, or of the
may
be.
ARTICLE XIV.
and disputes between the subjects of
his most christian majesty in the United States, or beAll differences
in
France, and
differences and disputes concerning commerce between the subjects of his most christian majesty, one
all
FOREIGN AFFAIRS.
3786.]
ferring the
same
to arbitration, or
145
by making a decree
No
officer,
civil or
respecf.
Appeals
shall
any
or differences,
christian majesty
and a
found.
ARTICLE XV.
The advantages
to
the
United States
to
the
in
Congress assembled
will
recommend
ARTICLE XVI.
The
citizens of the
all
19
SECRET JOURNAL,
146
may
the
in
[Oct. 3'
offi-
cer whatsoever, a certificate of the consul or vice consul of the district, containing his
may
is
United
ARTICLE XVII.
Conformably
to
the third
and fourth
commerce between
if
articles of the
his
most chris-
may
For the act of Congress of Jan. 25, 1782, see preceding volume,
p. 66.
Convention between
FOREIGN AFFAIRS.
1786.]
147
ninth article of the treaty of amity and commerce coiichided between them, mutually granted the liberty oi
fix
in a
and
councils,
commander of
his orders,
head of the
mands and
finances
minister plenipotentiary to
Benjamin Franklin,
his most christian majesty
who, after having commutheir
respective
full
powers,
ARTICLE
I.
The
There
which
in
the
shall
be
shall be delivered to
them,
of the said exequatur, the governours, comof justice, publick bodies, tribunals
heads
manders,
shall
make
and other
officers
having authority
in
SECRET JOURNAL.
148
[Oct. 3,
eminences, authority and privileges reciprocally granted, without exacting from the said consuls and vice
consuls any duty, under any pretext whatever.
ARTICLE
The
II.
power to
establish
There
departments, where necessity shall require.
be delivered to them likewise the exequatur necessary to the exercise oi their functions in the form
shall
bition
and according
to the
ARTICLE
III.
The
lish
respective consuls and vice consuls may estabagents in the different ports and places of their
chants, navigators
and
and
vessels,
their respective
all
mer-
possible service,
consul of the
FOREIGN AFFAIRS.
1786.]
14*
in
the
immunities, rights and privileges attributed to the conand without power to exact from
ARTICLE
The
IV.
consulate, and
in
all
the officers
general
consular function, shall enjoy respectively a
entire
immunity
for
The
their houses.
their
list
of the
person,
of the
said
full
and
papers and
persons shall be
their
offices,
all
from soldiers'
billets,
militia
watch-
except the real estates of which they may be proprietors, which shall be subject to the taxes imposed on the
estates of
all
other individuals.
They
shall
mark
SECRET JOURNAL.
150
ARTICLE
Generally
in all
[^Oct. 3,
V.
cases whatever,
bound
to inform
them
them a military
it, by
or civil officer to let them know, either the object which
is
proposed, or the necessity there is for going to them
of
to
suls
(his
comply
faithfully with
declaration
shall be
what
bound on
shall
their part to
be desired of them on
these occasions.
ARTICLE
The
VI.
by de-
They may
of the
in
consequence appoint
ments, and
other acts
of the consulate,
as well a?
FOREIGN AFFAIRS.
2786.]
151
ARTICLE
VII.
The
all the
other
their testaments,
last
will
law
They
nation,
late.
who
have
They
shall
of two merchants
and
choosing;
effects
also,
shall deposit
in
their
military or
civil,
of their
own
chancery, the
and no
officer,
manner what-
charged
they shall
have
dis-
by acts, or by
notes, the writing and signing of which shall be known
and ceiUfied by two principal merchants of the nation of
contracted
in the
country, by judgment,
SECRET JOURNAL.
152
and
in all
[Oct. 3,
year
in
interest,
principal,
however
rities
and cost
which secu-
demand
shall
in
selves.
ARTICLE
viii.
The
respective consuls and vice consuls shall receive the declarations, " consulats" and other consular
and
and other consular acts which they may have had made
other ports on account of the accidents which may
in
in the said
the tribunals
by
rage
and not by the consuls or vice consuls; and the tribunals shall admit the acts and declarations, if any should
have been passed before the said consuls and vice
consuls; but when only the subjects of their own nation, or foreigners, shall be interested, the respective
consuls or vice consuls, and in case of their absence or
distance, their agents furnished with their commission.
FOREIGN AFFAIRS.
1786.]
shall officially
nation to
nominate
153
skilful
and averages.
regulate the damages
ARTICLE
In case
IX.
States,
of saving the said ship or vessel, its cargo and appurtenances, as for the storage and security of the effects
He may
take an inventory,
without any officers military, of the customhouse, justices, or the police of the country interfering, other-
to the
and
effects saved, or to
To
in
all
the salvage
disturbances.
prevent
prevent even any kind of dispute and discussion
the
that
and security of
it
immediately there proceed therein with all the cethe respeclerity, safety and precautions prescribed by
shall
tive
territorial
judge shall
retire
on
VOL. IV.
20
SECRET JOURNAL.
154
[Oct. 3,
reimbursed
to
him.
effects
who
by the
delivered, after levying therefrom the costs, and without form of process to the proprietors, who, being
furnished with a replevy from the nearest consul or
by themselves, or by
the merchandises,
and
in that
and
them
in
the country,
if
merchandises being
there
be
shall
them
an abatement of
averaged,
granted
the entrance duties proportioned to the damage susin this
latter
ARTICLE
The
X.
FOREIGN AFFAIRS.
j786.]
155
terrupted by any
officer or other
to
they
may
se-
the
without
difficulty,
sailors
and deserters of
in the
their respective
the country.
It
and de-
ed
in the roll
One and
of the crew.
lors
them.
And
to attain to the
arrangements contained
ing authority shall be bound
SECRET JOURNAL.
156
'[Oct. 3,
ARTICLE
In cases
XI.
ARTICLE
All differences and suits
XII.
his
and
all
by
bitration, or
by
costs.
No
ollicer civil
Appeals shall be carried before the tribunals of France or the United States,
in the affair.
to
FOREIGN AFFAIRS.
1786.]
157
ARTICLE
The
general
be established
to
XIII.
utility
in
recommend
to
the legislatures
affairs of the
same nature.
ARTICLE XIV.
The subjects
their names,
and
in the
respective domains
of
all
personal
service in
the
SECRET JOURNAL.
158
[Oct. 3,
ARTICLE XV.
any other nation acquires, by virtue of any conwhatever, either in France or the United
If
vention
to the
privi-
christian majesty, or
lated
ARTICLE XVI.
The
convention shall be
In
faith
whereof,
we
the
underwritten
ministers
seal
of our arms.
Done
at Versailles, the
and eighty-four.
(Signed)
[l. s.]
gravier de vergennes,
[l. s.]
B.
franklin.
John Pintard.
FOREIGN AFFAIRS.
1786.]
159
The
secretary of the United States for the departaffairs, to whom was referred a copy
ment of foreign
of the convention
consuls, reports,
abovementioned
the
is a
copy, having been formally executed by French
and American plenipotentiaries, nothing is wanting to
The
cided,
To
vention.
necessary,
to
their minister
given
whether he
Whether
1.
to
"
''
SECRET JOURNAL.
160
"
^^
"
[Oct. 3,
all respects,
cle, as relates to
the erection
of a chapel
arti-
taking
expe-
article,
This
is
thority given
that
on the subject,
to the
American minister,
secretary finds.
your
SCHEME,
CONVENTION.
Title.
Title.
Convention between
his
Convention between
his
and
functions
purpose of determining
and fixing the functions
America,
for defining
regulating
the
vice
and prerogatives of
commissaries.
respective
consuls,
their
vice
The
style
it
limits
FOREIGN AFFAIRS.
1786.]
161
all
it
or in
it,
future, be
prehended them
if
SCHEME.
First Article.
shall be the
duty of
the consuls
com-
CONVENTION.
First Article,
It
used, have
all.
The
consuls
and vice
most
of his
christian majesty to
the
first
the
instance, to
United States
in
assembled, by
Congress
whom an
bound
to
their
present
commissions on their
arri'
according
to
which
be there esta-
blished.
executive
state or
they
may be
is,
issue
be
which
sent.
Two
exequatur,
shall
the
thereupon
supreme
vot. IV.
shall
a publick notifica-
from
There
form
the
consuls,
the
to
power
states
copies of the
that
of
shall
21
and
on the exhibition
they shall
make
tur,
the
governours, &c.
authority in the
ports and places of their
having
consulates,
them
to
shall
cause
enjoy as soon as
SECRET JOURNAL.
162
fice,
one to be retained by
the other to
the consuls,
be published
more
in
one
or
(Oct. 3,
possible,
culty,
and without
diffi-
the pre-eminences.
&c.
the pre-eminences,
&c. shall be allowed to
done,
them, &:c.
The scheme
expressly directs, that their commissions shall in the first instance be presented to Congress
but
to intend
the
in the
"
respective states according to the form
qui s'y trou-
shall
undecided.
The second
articles in
substance.
CONVENTION.
SCHEME.
Third Article.
Consuls
suls shall
be subjects
citizens of the
power ap-
pointing then.,
and
dicted from
traffick
commerce
all
or
for their
another's benefit.
inter-
own
or
or
FOREIGN AFFAIRS.
1786.]
163
This
The
article
is
in
the convention,
in this,
only
" exact
any fees or reward under any pretence whal-
"
tion
*'
CONVENTION.
SCHEME.
Sixth Article.
in
are no consuls,
a chapel in
may have
their houses,
di-
And
his
profession.
jesty
and
States
shall
the
cause
United
parti-
no obstacle or hindrance
be thrown
in
the
way
of
ceremonies
obsequies or
observed to-
wards
deceased
the
funeral
either
the
nation.
of
SECRET JOURNAL.
164
This article
[Oct. 3,
is
have been
left to his
The
discretion.
the
By
seems
to
omission, how-
this
may
to
France.
is
The seventh
article
The
in
much
scheme and
the
fifth
in
alike.
in the
eighth article
the
scheme and
The
in
the
SCHEME.
Extract from tenth
CONVENTION.
article,
on ave-
Extract from
"
If
a citizen
ed
Slates
mage
the cargo,
shall
be
on
the
da-
settled by
subject
of
his
eighth article,
average.
rage.
the
are
said
interested
in
be fixed by the
rage shall
the consuls or
try, not by
But where
vice consuls.
tribunals of
the country,
own
choose
and
declarations,
if
any
FOREIGN AFFAIRS.
1786.]
persons
experienced
of
l6Sr
But when
vice consuls.
same."
be interested, the
re-
consuls or vice
spective
and
consuls,
case of
in
with
nominate
ficially
skilful
regulate
the
damages
and averages."
The convention
from the scheme
in three respects.
1.
As
it
provides
admission
for the
in
foreigners,
3.
damages
in question
ulterior provision,
to
do
it
The
in the
convention
The scheme
suls
the
whereas the
extends
it
to
to
;
officio
in certain cases.
different.
SSCRET JOURNAL.
lea
SCHEME.
Extract from twelfth
"
to
CONVENTION.
Extract from tenth
article,
"
[Oct 3,
They may
article.
cause to be
may cause
spective nations.
They may
tive
nations.
detained in the
sailors
country,
of
and deserters
ed States
States.
cause them to
to
be trans-
to
from France
ported therefrom."
They
may
France,
to the
be arrested without
ficulty,
dif-
ter, sailor
or passenger of
or
United
They may
na-
cause to
f^
These
arrest captains
convention does.
them
to
The scheme
them to
re-
and masters of
not authorize
not authorize
FOREIGN AFFAIRS,
1786.1
SCHEME.
CONVENTION.
Thirteenth article.
Eleventh
France by a citizen of
the United States against a
in
be
in-
In cases
France
in
those committed
States,
by
most
christian
against a
citizen
majesty,
of the
committed
a
citizen
in
of
France by
United
the
against a citizen
of the United States, or
States
committed
the
in
any one of
United States
by a
where the
re-
laws of
to the
article.
according
167
.M
SECRET JOURNAL.
168
or
France,
United
the
may be.
These two
[Oct. 3,
this,
this,
that
the latter
is
the former
and differences
silent as to offences,
to
the
whereas
mention of them.
The
in the
SCHEME.
CONVENTION.
Sixteenth Article,
The
Fourteenth Article.
christian majesty
of
citizens
States
from
shall
United
the
be
exempt
The
prove
who
personal services
in the place of their resi-
France, or
Whenso-
all
dence, either
case
may
in
be.
everany person
in
France,
case
may
be,
as
shall
their
settlement,
as
in-
1786.]
FOREIGN AFFAIRS.
169
lose for
mains and
the
subjects
oriof
which
they
country
fore
lity
states, the
qua-
of
of
to the
the
affidavit of
eleventh article of
treaty of
amity and
the
or exemption,
a subject of his
most christian majesty or
privilege
that he
is
United States, as
the case may be, shall be
of the
sufficient
of,
evidence there-
unless
the
contrary
shall manifestly
These two
First,
in
con-
all
appear.
articles
that
is
by the
scheme, by not giving such operation to those certificates, leaves such persons within the reach of naturavoL. IV.
22
SECRET JOURNAL.
170
iization.
[Oct. 3,
makes
this
declaring that
of necessity
by
an interpretation in case
whereas the scheme does not constitute
it
shall serve as
the
cept that the former refers only to the third and fourth
articles of the treaty
whereas the
The convention
teenth, which provides for the exchange of ratificabut there is no such article in the scheme.
tions
;
It
larly
to
scheme
more
appeared proper
state
the
to
easily judge
how
far they
correspond.
The
de-
it.
As sovereigns treat
it becomes
be
obligatory until after they are ratified ; it being reasonable that the sovereigns should have an opportunity of judging whether their powers have not been
FOREIGN AFFAIRS.
)786.]
cise
171
pressed
Hence
it
becomes important,
fusing to ratify
is
not confor-
mable thereto.
In the present case there can be no difficulty, beand authority delegated to the
cause all the
power
American
not communicate
to the
general commission
is
given,
more
is
difficulties
good cause
attend such
was not
to depart
from the
to in his
powers and
not de jure,
only expect a ratification de gratia, and
and consequently can have no reason to be dissatisfied
in case
it
should be declined.
SECRET JOURNAL.
172
[Oct. 3,
it
would be
politick
and expedient
he conceived
do
to
to
which
now proceed
in
his
opinion
to
it
liable.
The
are these
1.
To
American laws of
2.
To
trade.
corps of
tile
and
The
officers,
political views.
first
of these objects
is
clearly evinced
by
the
10th article.
The second
is still
sufficiently evident
article.
The
FOREIGN AFFAIRS.
1786.]
173
and so ready
cannot
to
of
being influential
spects
first, in
it
fail
in
sures,
as
may be deemed
it
expedient to
difliuse
and
encourage.
These being
vention
is
the three great purposes v^hich the concalculated to answer; the next question
in
France.
first, we have no laws for the regulacommerce with France, or any of her dominions; and consequently we want no provisions or
As
to the
tion of our
to the
kingdom of France or
to
us,
any
territories
government the people do not participate, where nothing can be printed without previous license, or said
without being known, and if disliked followed with inconveniences, such a corps would there be very inefficient for political
purposes.
Where
opinions must be
equally so.
For
political purposes.
in
France.
SECRET JOURNAL.
V4
As
to
[Oct. 3,
assistioer
ters as
all
Hence
it is
calculated to
is
interest
in
vention
tions
may
facilitate
ques-
unnecessary
your secretary
Your secretary
also
considers this
deficient in reciprocity,
greatly
are to admit French consuls into
it
to discuss.
convention as
inasmuch as by it we
all our ports and pla-
and dominions of
is
that liberty
in
his
their
own way,
in
chapels,
in their
When
known and
called
among
ihe na-
alter
the
title
FOREIGN AFFAIRS.
1786.]
,175
by Congress,
corrected.
Though
until
every errour of
for
kind
is
one
this
become so
as precedent
and not
yet
it still is
is
to the in-
composed,
is
to
in the
In countries
in
the
maxim
in
it,
opinion of your
secretary,
but
it
should,
be an invariable
power
to be
exercised
by the
constitutionally
A consul is not
reigns ought to have such exemptions.
of that description.
According to the law of nations,
ambassadors must be received; but that law does not
to consuls, and therefore
every nation may admit them on their own terms.
It is not
easy to assign
extend
good reason
munity
for
granting them a
full
SECRET JOURNAL.
175
[Oct.S,
Other than such as the free citizens of the country enAs they are protected by the laws, they should
joy.
be subject to them.
But the convention goes much further. It grants
this immunity not only to consuls, and also to vice consuls, but also to all their different officers,
ral to all
abuses,
and
detect and
difficult to
still
more
in
geneVarious
difficult to cor-
in
the aid
The
in
known
absolute governments.
fifth article,
evidence, seems
our laws.
to
Why
and
well
less
first
manner
and highest
less formal
officers of
which
in
several
with
to interfere;
1.
known
such as,
Their
notaries.
in
it
If
officers shall
by
this
notaries
governments of the
2.
All effects
left
different states.
4W
FOREIGN AFFAIRS.
i786.3
his jurisdiction;
and
acts,
mitted as evidence
in
our courts.
French merchant, having many goods in possession and many debts to pay, should die, hiscreditors,
have no other depenaccording to this system, are to
If a
3.
dence
for
possession of his
these offigoods. No action can be brought against
cers, nor any process touch any thing in their houses ;
vice consul,
take
mands
that
known and
nation
certified by
on that
subject.
From
this
convention
make
will
appears, that
a strong line of separation
it
in
this
country.
The tenth article needs no comment.
It
gives to
consuls as complete jurisdiction over French vessels
in our harbours, as any of the king's officers could ex-
ercise over
them
in
the
circumstance, however,
voF.. IV.
23
is
harbours of France.
very striking,
One
and merits
SECRET JOURNAL.
178
much
attention, viz.
their
power
[Oct. 3,
to arrest
passengers,
be the case whenever passengers
attempt to come here in a manner and for purposes
not consistent with the ordinances against emigration.
which doubtless
And
the
will
power
and masters,
How
far
the
power of
The
by those appellations.
fourteenth article makes
sul conclusive
declares that he
lose for
averment.
and
This
of which secure to
much more
interesting
w hich
is
But
this article is
obvious.
this is
liable
not
one
FOREIGN AFFAIRS.
1786.]
Where such
them
in
is
179
person named
cause whatever the
naturaliaation
quality of subject, so that even legal
not
to
operate as a cause.
this is the true construction of that clause
That
evident from
its
expressly
is
is
as an interpretation thereof.
ticle.
^'
be made hereafter
" which
remain
shall
in
in
made
or that
may
"
collect into
will operate.
The king
has a right to
think proper
Suppose
his arrival in
on
to
the consul or vice consul nearest the place of his arrival, to the
end that
his
name and
description be en-
The
SECRET JOURNAL.
180
Hence
be arrested.
to
senger
may
[Oct.
it
in their
*'
"
" of the
consulate,
*'
*'
*'
in the registers
any cause whatand domains, the quathe counti'y of which they originally
lity of subjects of
were ;" and the same article proceeds to declare,
ever, in the
what
is
respective states
is
conformable to
and as
if
conscious
it
that
adds, that
is,
that
it
it
emigration; but
seems
to say,
mentioned
there
is
That
nothing
in
it
pleases against
which says, or
it
now
Congress have proceeded so far in the present infitance, he thinks that instructions should be sent to
181
FOREIGN AFFAIRS.
1736.]
to
their minister at Versailles, to state their objections
and to assure the king of the readithe
form
;
present
ness of Congress to ratify a convention
be added to limit
its
made agreea-
provided an ar-
more accurately
be done of mere theoretical establishments, however
to judge
apparently exj)edient.
All which is submitted
to
the
wisdom of Congress,
JOHN
October
JAY.
9,
1786.
SIR,
in
that conijiarison
to
the
in
copy
compare
it
this office.
copy belonging
to this office.
the discovery of this omission rescues the tenth article of the convention from the charge of essential de-
As
it
shows
duty
original
gress
may
Con-
SECRET JOURNAL.
18i2
than
[Oct. 3,
may
before thought
it,
though
con-
me more ineligible
am still of opinion
to
that the only prudent way of getting over this unpleasant business is to conclude a convention similar even
scheme
now appears
and render
its
its
to the
as
it
to be,
duration.
With great
and esteem,
resj)ect
to be, &;c.
JAY.
J.
:i
the
twelfth
arti-
cle of the
in
the original
scheme recorded
in the secretary's
in the secret
Twelfth Article.
Twelfth Article.
"
"
They
(consuls
and
may
vice consuls)
to
cause
of their
re-
and even
spective nations,
to
France
may
arrest
journal
office.
he
us
well as
They may
their
in
the
country,
and deserters of
respective
nations.
FOREIGN AFFAIRS.
1736.]
or cause
respective
may
them
to
be trans-
ported therefrom."
They
cause to be arrested
and detained
try, sailors
of
183
their
in the
coun-
and deserters
na-
respective
cause them to be
tions, or
transported therefrom."
The scored* lines show where the copy which Mr.
Jay used, when he made his report on the consular convention, deviates from the original.
N. B. There were
in that
to
now
corrected
but as none of
merate them
in this note.
The above
letter
in
Congress.,
October
10,
October
11, 1786.
SIR,
1 have the honour of transmitting to your
excellency
herewith enclosed, a letter of the 9th instant, and a
which
received yesterday in the afternoon, from the charge des alTjiires of France ; anel
translation of
it,
Italick.
SECRET JOURNAL.
184
[Oct.
to
vant,
JOHN JAY.
(Signed)
New
York, October
9,
178G.
SIR,
I
As
in
to
that resolution
it
pleased to take.
this
I
new
shall be
much obliged
to
you
for
sir,
dient servant,
OTTO.
(Signed)
Jay,
Minister for Foreign Affairs.
foreign
affairs
)
^
letter
be referred
to
the
to report.
October
12, 1786.
The
instant,
FOREIGN AFFAIRS.
1786.]
185
That
in his
opinion
it
to
some
instances,
it
it,
in all
and sometimes
lest
not,
Your secretary
be ordered
to
that as their
partiality.
it
advisable that he
by apparent
therefore thinks
court, they
made by
do not think
their
it
minister resident
necessary to accept
which
is
JOHN
JAY.
to the
The
ment
October
13, 1786.
secretary of the United States for the departwhom was referred a letter
of foreign affairs, to
of the 4th
March
last,
VOL. IV.
24
accompanied
it,
SECRET JOURNAL.
186
That
[Oct.
to
and of
this re-
a very important
your secretary
port appears
point of light, he thinks they should be so incorporated
as that the record of the latter in this office may al-
ways exhibit an
He
business.
That on
agreeable
entire
therefore reports,
the 8th
to his instructions
A
The
Memorial.
to represent
Britannick majesty, that by the
seventh article of the preliminary treaty of peace beto the ministry of his
tween
his
at Paris,
signed
one thousand seven hundred and eighty-two, confirmed
by the definitive treaty of peace, signed at Paris, on the
all
draw
all
his
American
artillery that
may
in
all
fortifications the
be therein.
treaty,
and of
FOREIGN AFFAIRS.
1786.]
187
The
subscriber, therefore,
in
the
all
Done
at
Westminster,
this
That
day of
the
memorial
is
in
to the said
Mr. Adams,
viz.
Sir,
honour
to deliver to
to observe to yon,
termination,
me on
sir,
that
the 8th
it is
December,
have
The seventh
article
definitive treaties
between
SECRET JOURNAL.
188
[Oct.
port, place
and no doubt
The
same
treaties as
no lawful impediment
sterling money, of
contracted.
in
The
little
to the
all
bona
clearly
meet with
in
many
particu-
situations in
as the
and indisputably
entitled.
strict
own engagements,
own
at the
expense of
FOREIGN AFFAIRS.
1786.]
flatter myself,
done
ly be
sir,
that
however,
whenever America
sir,
to British creditors
189
and
fulfil
article of
into real
The
it
and complete
effect.
ces complained
Carmarthen.
That the
state of grievances
it, is
mentioned
as follows
in
the said
by merchants
and other British subjects, having estates, property and debts due to them in the several states of
America.
Massachusetts Bay.
By
an act of
this state,
ed severally
to
were
direct-
for
The demand
of interest
whom
is
it
is
expressly pointed.
called inequitable
and
unjust,
and the legislature of this state conceive it to be repugnant to the spirit and intention of the fourth article
SECRET JOURNAL.
190
[Oct,
bona
for
ture
The
fide debts.
Con-
gress upon
heard that any opinion has been given thereon.
;
New
York.
their
New York upon its capture by the Briand resided without the lines during the
possessions in
tish troops,
to
estates of British
subjects lying in
war.
By
were encouraged
evacuation, for
to
remain
the purposes
New York
upon
of collecting
their
in
FOREIGN AFFAIRS.
1786.J
191
and
in
late servant,
These
mentioned
statute,
suits
it
been found
is
damages have
in
every instance
Pennsylvania.
finitive treaty,
after the
peace
period.
The
British
set at defiance
merchants were
in
consequence thereof
it
prejudices of some of the inhabitants, has produced effects of the most mischievous consequence to the British
merchants
has
among
their
to
en-
SECRET JOURNAL.
192
the
payment of an old
[Oct.
in this state.
Virginia,
The merchants
annexed
extract.
South Carolina.
After Congress had ratified the definitive treaty of
1784, declaring
among
for
when
the inte-
one fourth part of the principal and all such other inmight be then due. On the 1st of January,
1787, one other fourth part of the principal and the
terest as
interest
which
shuil
have accrued.
On
the
first
of
FOREIGN AFFAIRS.
1786.]
and the
interest
193
And on
accrued thereon.
the 1st of
By
who
this
British merchants
and so great and
are
the
obstructions
the
to
general
recovery of debts,
that in several districts remote from Charleston, the
are chiefly
proceedings, from
By
where
empowers
it
creditors to
sue for
"
" therein
mentioned
and
An
for other
purposes
in
payment of
his debt;
such
if
the
creditor
is
any
suit
writing from
This act seems
VOL.
IV.
commencing a
25
suit.
The
proviso
SECRET JOURNAL.
194
that
[Oct-
in
as
proving
does not
of the state.
him, which,
tenth part
if
of
its
appraised value.
of the violation of
the
fourth
payment
contracted,"
debts to British subjects, in depreciated paper currency, which was forced into circulation during the war,
by
came so
lue,
to
The
its
nominal va-
depreciation be-
The
for
state
though such
the purposes
persons were permitted to go thither, yet
FOREIGN AFFAIRS.
1786.]
195
been
of having
reflection
money,
at considerable
in
expense
who had
sold
goods
in
After
its
1776.
in
regard
to their claims,
The
property was
be received
in
payment.
were
to
fifth
it
has
one shilling
in the
pound of
their de-
mands.
It is
vernment
in
British subjects
have been
SECRET JOURNAL.
196^
[Oct.
and cast
in
its
pro-
costs, for
no
plaintiff'
and de-
Georgia.
Laws and
passed
in
in
which have
this state,
with de-
proceeded on
if
while on
According
tries
to the
An American is
ed
protect-
property by our
All our courts are,
in his
laws.
and always
open to him
have
been,
British
some
states
merchant
is
in
positively, in
by
their legislatures
recovering
his
from
property,
which
interest as principal.
is
a violation of the
suspended
by
FOREIGN AFFAIRS.
1786.]
19^.
Those
deemed
fortunate
who,
all
claim
upon giving up
to interest
to thirty,
are
creditors
(which is equal
and in some in-
payment of
the principal.
gow, trading
That
in the
as well as
to
debts owing to
test,
were paid
in the
and
con-
That
of peace between
Great Britain and the United States of America havthe
provisional
articles
SECRET JOURNAL.
198
tied
ty,
[Oct.
and agreed by the fourth article of the said trea" I'tiat creditors on either
side should meet with
" no lawful
impediment in the recovery of the full
" value in
sterling money, of all bona fide debts
" heretofore contracted."
And
the
fifth
article hav-
ing stipulated, that the Congress should earnestly recommend to the legislatures of the respective states,
to provide for the restitution of all estates, rights and
properties which had been confiscated, belonging to
real British subjects
vided, that
there
many
their families in
many
in-
stances depended, sent out agents and factors, particuand Maryland, not doubting but they
larly to Virginia
of the British
many
sold,
the legislative
tion
in
November
following,
restric-
to return;
FOREIGN AFFAIRS.
1786.3
|9&
employers
in
Great Britain,
debts or property
left in
to
in the
" Whereas
by the fourth article of the definitive treaty
" of
peace between the United States of America and
" Great
Britain, ratified by the king of Britain on the
" 12th
it was
other
of
day
"
things,
by
May
stipulated,
last,
among
shall
recovery of the
full value, in
sterling money,
" of all bona fide debts heretofore contracted
and
"
good faith requires, that the said treaty shall be carried
" into execution
according to the true intent and meaning
;
"
The
bill
That
That
2.
all
due the
ments
1st of April,
shall
fall
1786.
3.
That
4.
That no
years
interest
be allowed
to British subjects for any intermebetween the 19th day of April, 1775, and
the 3d day of March, 1783, the same time to be consi-
shall
diate time
in
law.
5.
SECRET JOURNAL.
900
by bonds or'other
[Oct,
creditors.
ment due
being
may
whole
shall
Virginia
be discharged.
7.
That the
the
citizens of
April,
This
bill
it
was delayed
not
if
lost.
That whether
the
ful-
in
commonwealth of Virginia
remains to be determined
to
finally
enact
this
That
it is
now
law,
it is
fail
considered,
to
1.
2.
to
be deprived
3.
of eight years interest, equal to forty per cent.
That the system of making payments by instalments
to run out to
pen
in
4.
That during
this
FOREIGN AFFAIRS.
nfie.]
201
consequence obliging the British merchants to keep facand agents at a great expense in the country to collect these debts, cannot fail to prove a great additional
tors
burden
to
to
to
all
this
some of them
in procurentered
into
peace
money
SECRET JOURNAL.
202
[Oct.
is
equal to 86,744
sterling*
List of
money
Depreci-
Value in Specie,
ation.
March, 1778,
last
of
to
the
Oct. both
27,022 17 9
days inclusive,
Do. last of October
to
5,404 11
2,447
6|
the last of
December, 1778,
December
arch, 1779,
ditto
14,684 13
FOREIGN AFFAIRS.
1786.]
203
of the
to
pared by
On
considering the before recited papers, these important questions present themselves :
Whether any
1.
of their
own
the sense
and meaning
acts
and decide
in
2.
by
to
In case they or
3.
violate
it,
? And
What measures should be adopted
Great Britain
4.
the state
acts
or states which
Of
1.
Of
and
passed
in relation to
the exceptionable
ti'eaty shall
be understood within
particular limits.
the thirteen
independent
sovereign states as having, by express delegation of
power, formed and vested in Congress a perfect though
limited sovereignty for the general and national purposes specified in the confederation.
In this
sovereignty
SECRET JOURNAL.
:?04
[Oct.
article
to
of determining on
treaties
&;c.
When
ratified
added
tion,
to the
consent or
fiat
of slate legislatures.
It
derives
Hence
is
it
clear,
that treaties
must be implicitly
re-
When
laws,
by
doubts
but
when doubts
remove those
by a
settle
thority to
Congress
itself
have no au-
For as the
legis-
who
FOREIGN AFFAIRS.
1786.]
205
re-
judicial
it is
to de-
termine them according to the rules and maxims estabby the laws of nations for the interpretation of
lished
treaties.
tive acts to
or
this
contrary doctrine
common and
re-
in
practice, as
it
appears
same
ir-
article of
the
in
Georgia.
would be foreign
It
how
inquire
however
it is,
tracting sovereigns,
and
consequently
cannot
bind
the
list
Britain
acts
mentioned
in
SECRET JOURNAL.
ant
It is to
of are confined
to
proceed
Your secretary
and sixth.
fifth
fourth,
[Oct.
will therefore
arrange
in
that
order.
The
is in
these words
"
sterling
money
This
by the war.
The
where the
rights of
by
In the
of restoration.
This distinction
purpose of casting
light
by recurring
is
to the article
in-
being
is
or
in their original
there can be
pay
interest
tempt
is
little
state of extent
and obligation,
makes
to
must be
in
op-
FOREIGN AFFAIRS.
1786.]
207
if
the
is
to
vides
them,
may be
in
?
But this is only a secondary question,
be asked only in case it should appear that both
war and restorprincipal and interest were lost in the
the interest
and
to
others think
this article as
can intend
being restoralory,
insist
have been so
confiscation,
lost
either
by
extinction, remission or
tacitly
and
silently
by the
among
ted, or
confiscated
and
it
would he conceives be
which induce
SECRET JOURNAL.
208
[Oct.
him
have a
by the
lost
to extinguish,
Your secretary
debts.
silent
is,
by express acts
right
confiscate such
were
remit or
thinks, that
authorize
it
enlightened, and
manized,
it
will
become more
their
common
to
verities.
But admitting
that the
it still
remains
to
be requir-
ed whcihev, and
neither
remitted
extinguished,
cannot be considered as
Here
Whether
FOREIGN AFFAIRS.
1,786:.]
The rights
make treaties,
to
make
war,
to
make
209
peace, and to
national
exclusively to the
appertaining
sovereign, that is, to Congress, your secretary is of
opinion that the thirteen state legislatures have no
more
sovereignty on those points, than any thirteen indiviTo execute the laws, or exercise the
dual citizens.
rights of
whom
tional
delegate such
sovereign
may
constitutionally
the na-
re-
spect to the
se-
national sovereign.
date
of
However
the confederation,
yet
recent
may
be the
union founded in
if
year
now
states,
and
e([ual authority
fiscation of their
Tor. IV.
27
SECItET JOURNAL.
2 to
[Oct.
not have
it
His design in these remarks is to obviate any arguments that might be drawn from certain other acts kss
general and direct, but in his opinion equally improcertain British
per, such for instance as those whereby
subjects
were declared
were declared
to
absurd, do exist.
traitors,
ney, &c.
The
any
made
paper mo-
&ic..
question
aci
for
recital, viz.
''
"
FOREIGN AFFAIRS.
1786.]
"crown and
those acting
under
Z\\
authority, the
its
" commended
"
pubiick use.'
'
confiscate the
to
same
for the
"
This recommendation
is
its
date.
in the
jour-
not specified by
to find
pains
without success
it
to confiscate such
dation,
Nay, the very act which recites this recommenand which does confiscate the properly of
of debts,
this
SECRET JOURNAL.
^12
[Oct.
their
American debtors.
war and
its effects,
may
this interest,
However
consider-
Much
better
would
it
be
for the
formance of
(his article
may
by
Your secretary
which
in the first
demanded; and
that
will
to
In all cases
be
at liberty to refuse
where
interest
is
fairly
it,
viz.
and expressly
legislature.
institution,
the
power
FOREIGN AFFAIRS.
1786.]
2)3
2.
may be claimed
cases where
in
certain cases
by cus-
This custom
it
expired.
in the
by way of compensation
for the
Whether
is,
or
is
not, overbala^iced
by the
their deciding as to
Interest
3.
is
der the idea of damages for wrongful and vexatious deEvery case of this kind must stand
lays of payment.
on
its
own
merits;
at
merits
may dictate.
Your secretary
will
now proceed
to
examitic the
on the
list is
The
it
was a resolution
it
best to report
it.
it
at large,
SECRET JOURNAL.
%\i
Commonwealth
of Massachusetts.
November
In Senate,
Whereas
the
payment of
[Oct.
interest
9,
1784.
late war,
commencement
of
this
to the spirit
of
payment
which might have accrued as aforesaid, and
mean
lime judgments
may
courts
British
in all
instituted or
within
the
some of the
commonwealth
for interest
to the true
design of
Therefore,
Resolved, That
may be
in
in
be obtained
article,
of interest
respects the
this
subject or
suits
real
plaintiff or defendant,
is
the justices
judgment
for
any
interest that
stispend rendering
might have accrued
such actions or suits
Wednesday
day
of the next
sitting of the
if
the 20th
FOREIGN AFFAIRS.
i?86.]
213
for,
of
to
by
default
have
right to
said 20th
bona
fide
all
such
last
mentioned
interest.
proved,
John Hancock.
true copy.
Attest,
John
However
this resolution
the treaty.,
and perhaps from the proper jurisdiction of the legislature, yet it boars strong marks of fairness and
It states their doubts on
the
regard to equal justice.
construction of the article.
It does not assume the
power
It
SECRET JOURNAL.
2ie
tion to
for
interest, yet
it
does
it
it
[Oct.
suspends judgments
plaintiffs,
but also
also
provides, that if
favour of interest, then judgIt
Your
secretary
resolution was an
Because
state
is
having no cognizance of
questions
with no propriety
ment
to the plaintiff's
ready
to
adjudge
and their so doing was therefore a violation
the treaty
of
to
it.
The next
this
article
is
act
provisional articles ;
founded, unless this act
(if
complaint must be
ill
after the
peace as to
FOREIGN AFFAIRS.
1786.J
217
It is by no means
accurately stated, as will appear
on comparing the account given of it in the list of
grievances, with the act itself, which is in the following
words
An
Whereas many of
who
suits,
and have
it
not in their
power
to
Be
New
the
enemy
ple contract, bills single or penal, or any other obligation, mortgage, security or demand whatsoever, due
the
enemy's power
power or
lines,
already
the
any
premises,
law
make
to
the
commenced or
shall
further
be stayed
provision in
contrary
notwith-
standing.
And whereas
vision should
is
it
be
also just
made
such citizens
VOL,
to
IV.
28
2ia
SECRET JOURNAL.
debts
power
to
pay
it
[Oct.
was not
in
their
have remain-
of,
in their
hands
And whereas
possible to
Be
it
That
in
menced
all
it
is
im-
the variety
ed that the necessity of staying such suits or prosecutions as aforesaid do no longer exist, by any person
who may have remained with the enemy, gone unto
them, sent
or
be
to
sent as
is
the defendant
matter and
or his attorney, to
if it
shall
appear
or the
conscience
or
abatement ought
quantum
their report
of such
and award
to
be
in
determine
abatement
and the court shall thereupon give judgexecution to issue in favour of the
order
and
ment,
so awarded to be due to the plaintiff;
sum
the
for
plaintiff'
into court;
FOREIGN AFFAIRS.
1786.]
219
provided, that such execution shall not be levied unthe expiration of three years next after the enemy
shall be expelled from, or shall have abandoned the
til
New
city of
And
That
to
be
it
said, to
by the authority
aforesaid,
shall
in
pay
York.
further enacted
it
such
money due on
thereof, ascertained
And be
That
it
shall
it
by law.
enemy
ditors
settlement, and
and
come
to
if
to the
mode
Be
further enacted
power or
lines of the
ple contract,
bill
single or penal, or
"
SECRET JOURNAL.
220
[Oct.
tion,
since the
first
to the
contrary notwithstanding
ing in this clause contained shall be deemed to operate as a discharge of any interest which may have
:
1776 provided nevertheless, that no person or persons shall be allowed the benefit of this act, unless he,
she or they shall first have taken the oath of abjuration, and the oath of allegiance to this state, and shall
obtain a certificate signed by two reputable and well affected freeholders of this state, one whereof shall be a
county
of
common
in
she
pleas of the
such certificate
is
well attached
and provided farther, that this act shall not exlend to any debt or debts, contracted or made, or hereafter to be made for the use of the state, for the payment
therein
'
FOREIGN AFFAIRS.
1786.]
221
been,
now
is,
the enemy.
It
act,
trary,
of grievances.
The
to
next in order
is
the recovery
of
one intended
is
to
restrain
The
behalf of
those
persons
who from
principles of
SECRET JOURNAL.
222
[Oct.
power by law
so to
sier to be
it
procured
fur-
Be
it
hereby enacted by
freemen of the commonit is
or spe-
first
day of January, 1777, debts due to the state only exfrom and after the twenty-first
cepted, until one year
of June next ensuing, and from thence until the
day
end of the next
sitting of
in the
And whereas
divers
debtors,
who had
contracted
first
were willing
same
to accept, to
trustees,
in
trust
Wi
FO^PIGN AFFAIRS.
1736.]
pay and satisfy such debts which said trusts have not
been executed: and whereas the scarcity of gold and
;
most parts of
this
state
made
fall
in
if
would
and tenements
to fall
it is
probable they
That no
sales shall be
trustees of
until the
end
And be
That no
it
first
act or
run, or be
deemed
between the
further enacted
first
shall
And be
it
in the
manner
any
afore-
SECRET JOURNAL.
224
[Oct.
said,
to
may proceed
as aforesaid
judgment
in
cipal debt or sum, until one year from and after the
twenty-first day of June next, as aforesaid.
And be
aforesaid,
further
also
it
That
so
much
Enacted
into
the twelfth
day of March,
To
say
general terms
in
this act
was passed
to re-
would
pose
justify
broiight
debts
for
from
this description
was passed
to
in particular,
recovery of British
Your secretary
nevertheless of opinion,
that by law to restrain for any given time British creditors from issuing execution or judgments legularly ob-
sum due.
tained,
ty,
is
is
considered
this act
in that light.
of Pennsylvania must be
FOREIGN AFFAIR3.
1786;]
To
this
act the
" This
law,
of grievances imputes consedoes not appear to be chargeasays, operating with the fears and
list
S25
it
it
has produced
prejudices of some of the inhabitants,
" effects of the most mischievous
consequence to the
*'
That there may have been an opposition to the payment of interest prevailing in Pennsylvania may be
true, but the act affords
no countenance
to such
oppo-
discourage or
to induce the people to discourage lawyers from commencing actions for the recovery of debts due to Brinor does
sition,
tish
it
contain any
thing to
subjects.
is
possible, but surely ihey
from
the personal disinclireason
must
strangely who,
be
concerned in certain
to
nation or refusal of lawyers
to the prosecution
causes, can argue legal impediments
f such causes.
The
though
abjections.
is as follows
An
It
first
mode
of recovering debts
Whereas most
VOL. jv.
29
fir?t
day of January,
in
the
SECRET JOURNAL.
226
[Oct.
their
money
debts in
in
which
ney
until
Jicquired
it
shall
mo-
become more
And whereas
fore
and
it
is
payment
Be it therefore enacted, and
:
it is
hereby enacted by
the
representatives
wealth of Pennsylvania,
in
common-
bill,
the
sum or sums
so due, in each
FOREIGN AFFAIRS.
1786.]
of execution
nevertheless
is
Sgt
of the said principal and interest, and one year's interest thereon, and the whole cost and charges accrued
thereon, for the term of one year from and after the
and one year's interest upon the two third parts thereof,
with the increased costs and charges thereon, for the
term of two years from and after the passing of this
act ; and as to the remaining one third part thereof,
with one years interest thereon, and the further increased costs and charges thereon, for the term of three
years from and after the passing of this act and that
;
said
shall, at
ihe request
228
Secret journal.
of the plaintiff or
plaintiffs, his
[Oct
And be
That
it
further enacted
to revive
such judg-
obtained for any such debts due before the first day of
January, in the year of our Lord, 1 777, shall be stayed ;
and the
sheriffs
and other
proceed therein,
if
officers are
hereby forbid to
named, or some person for him or them, shall tender and pay to such sheriffor other officer the amount
writ
(if
such be taken
shall
be
forth
coming
in
and chat-
in
and
satisfy
in the said
And whereas
be sold
the said
some parts
made
thereof, to trustees, to
it is
reasona-
FOREIGN AFFAIRS.
1786.]
Be
it
229
it is
hereby enacted by
That no assignee or assignees
of any debtor, whose debts were
made
ed
to the
ed
beyond reprizes,
all his,
her
and
plaintiflfs,
and
to
for all
same manner
if this
as he or they
And provided
also,
and be
it
further enacted
by the
authority aforesaid. That this act, nor any thing therein contained, shall not extend or be construed to ex-
SECRET JOURNAL.
230
[Oct.
Signed by order
Speaker.
Enacted into a law,
the 23d
1784.
It is
the
of
John
house,
Bayard,
on Thursday,
December,
year of our Lord,
day
Samuel Bryan, Clerk of the General Assembly.
at Philadelphia,
of
to
in the
be observed, that
generally
debts contracted prior to the 1st January, 1777,
and that the proviso in favour of British creditors only
prevents its extending to such debts to British subjects,
to
all
as were due before the 4th July, 1776 ; so that the law
is left to operate on all debts to British subjects, which
and
1st
January,
your
the
more
so, as debts
in the
course
much more
early date,
respect
grievances as
relative to debts due
having violated the treaty by acts
to British subjects, but no specifick complaint or charge
Maryland
is
is
mentioned
in the list of
is
FOREIGN AFFAIRS.
1786.]
list
231
"
This
is
mation.
It is
Proclamation.
Whereas by reason of
ties
his
Britannick
many
laws of
still
obnoxious
to the
commonwealth, have found means to introduce themselves into the same And whereas it is
this
my proclamation,
such persons as have either
country and adhered to the enemy
hereby commanding
voluntarily left this
since the
all
SECRET JOURNAL.
232
who have
arms
enemy
in the service
of the
[Oct.
at
against this
common-
wealth, and bare since returned without being authorized by law so to do, forthwith to depart the state.
And
do further hereby
coming within
And
can be known.
this subject
proclamation
and command
may have
its full
to the
end that
on
this
hereby enjoin
and military, within this
others concerned, to pay due
effect,
commonwealth, and
all
ebedience thereto.
Given under
the council
in
1783.
my hand, and
chamber,
(Signed)
this
seal of the
the
commonwealth,
descriptions,
whose residence
in
year.
either of the
by
It
sidering
parties
until
the
following
very extraordinary therefore that, concontents and date, this proclamation should
is
its
that in
FOREIGN AFFAIRS.
1788.]
233
the treaty
was
ratified,
" the
removed the relegislative body of Virginia
" striclion."
further complain, that although the said agents
factors have since remained unmolested, yet that
They
and
" no
permission whatsoever has been given either to
" merchants
acting for themselves, or to agents or fac" tors
acting for employers in Britain, to recover any
'^
part of the debts or property left in the country in
" the
year 1775." But they do not particularize the
acts of Virginia which impose the restrictions they
complain
of.
it,
for
he finds
it
standing admitted
in resolutions
they passed
Virginia to wit.
In General Assembly, the 22d of June, 1784.
It
appearing
to
the general
assembly from a
letter
from
excellency general Washington, dated the 7th
day of May, 1783, that in obedience to a resolution of
his
compliance with the articles of the provisional treathat he (general Carleton) appeared to evade a
;
Nova
Scotia.
It
further ap-
VOL. IV.
30
SECRET JOURNAL.
234
Thomas Walke,
[Oct.
that he
ral other
went
New
to
Walke made
a personal application
States.
to
do
he
appointed
to
It
state of
Ma-
that
many
applications
were made
to
general
C;irleton,
part
treaty of peace
seventh
article of the
in
FOREIGN AFFAIRS.
1786.]
in
23i5
the subject matter of the preceding information and resolution, and to request from
them
remonstrance
to
the British court, complaining of the aforesaid infraction of the treaty of peace,
re-
Congress
but
it is
conceived, that
commonwealth
co-operation
is
regard to the
the citizens of
this
in
a just
in
known, or Congress
is
made
it
for
indis-
hausted
situation
of
this
commonwealth.
Extract
H. D.
Inasmuch therefore as laws of Virginia, existing
force after the peace, did inhibit
tish debts, there
tion
was and
is
the recover^/
in
of Bri-
can be no doubt, but that such inhibian infraction of the fourth article of
SECRET JOURNAL,
&S6
the treaty.
Whether
that
[Ocl,
infraction
was
justifiable,
sufficient, shall
As
in
Virginia,
that
to the bill
it
it
in
is,
and
such a
manner
sume
that she
Whether
tary
is
is
not in fact the case, your secreuninformed, not having as yet been able to
that
is
is
in strong
tice of
It
1784, viz.
An ordinance
debts.
Be
it
by
in
shall be
commenced
That no
recovery of any debt or bond, note or account, contracted by a citizen of this or any of the United States,
previous to the 26th day of February, in the year of
our Lord, 1782, until the first day of January next,
after
which time
it
all
shall
for
al!
FOREIGN AFFAIRS.
1786. J
which
interest
shall
January, 1780, on
237
first
day of
bearing interest
And be
That
it
shall
it
be
year of our Lord, 1 786, all such other inmay be then due on such debt, and the fourth
in the
terest as
first
which
on
shall
first
will be in
theless, that
aforesaid,
if
shall be indebted as
give security
to
his
days, refuse to
creditor (which notice shall be
money
as
to
him, to be ap-
if in
Charleston
district,
common
and by a commissioner-
SECRET JOURNAL.
238
if in
such case
tricts, that in
it
[Oct,
shall
execution, which
execution
may
if
And
said,
be
That
further ordained
it
all
moneys which
by
shall be
accounts as are restrained by this ordinance from being sued, shall bear an interest of seven percent, per
annum from the passing of this ordinance.
And be
Said,
That
it
further ordained
all
interest
hereby declared
to
That no seizure
which may
shall
year of our Lord, 1782; provided the person whose property has been mortgaged
shall pay the principal and interest of the debt for
day of February,
in the
said
by
this
ordinance
at
such
and on
been so mortgaged,
as aforesaid.
until
the
payment
shall
be
made
FOREIGN AFFAIRS.
1786.]
239
day of March,
in tlie
John
Rutledge,
The most
The
larity
list of
grievances also states with much particuan act of South Carolina, which it says was pass-
in
payment of
his debts,
&c.
Your
grievances be accurate,
it
certainly
is
a singular act,
article,
recovery of the
which ex-
full
value in
sterling
light
demands of
The
list
British creditors.
of grievances
in a
Georgia with having passed laws and regulations similar to those in South Carolina, and with degrees of
But as none of
peculiar and manifest aggravation.
these laws or regulations arc specified, and as your
secretary has not the acts of Georgia, he cannot decide
how
far these
SECRET JOURNAL.
240
or otherwise.
tive of
It is
much
to
[Oct.
during
would be pleased to
such copies be regularly purchased and sent
the course of
direct that
to
them
it;
or that Congress
at the publick
expense.
in
the
list
of
article,
The payments
to certain acts of
in
some of
With respect
to
it
of blame.
FOREIGN AFFAIRS.
1.7880
But
241
if
or from
the
tinues
the
blame
to
presumed
from
own citizens
its
pacts and
will
own com-
it
naturally be
and not
to
whom
it
to
national treaties be
faithfully
jurisdiction.
facts
to his
knowledge,
by
to
apply these principles against any of the states ; for although the list of grievances complains "that so great
" and
general are the obstructions to the recovery of
"
"
"and riotous
"
order.
The presumption
is,
that the
good
government did
TOL
'V.
31
it
to
be
ill
founded.
SECRET JOURNAL.
242
[Oct.
difBculty
forming
pursuance of certain
same.
in
From
article as
being exactly
state of obli-
in their original
have no
ihcy either accepted, directed or approved ; for in relation to the creditor, ail such payments are as if they
is
justifiable in
debtor accordingly.
be opened
and the
in justice
money
state
to
in your
him
the
repay
is,
in the
charges, that as
been pnil
little
to ihc fifth
list
article are
of grievances.
respect has
and sixth
in
it.
expressly
certain instances
Of
articles.
these in
their order.
The
" that
"
fifth
article is in these
Congress
shall earnestly
words
"
:
It is
recommend
it
agreed,
to the
to provide for
legislatures of the respective states,
FOREIGN AFFAIRS.
1786.]
243
districts in
perties of persons resident in
" of
"
possession
"to remain twelve months unmolested in their endea" vours to obtain the restitution of such of their
"
estates,
rights
"and
revision of
all
"
"
" that
"
'<
"
'
persons
they refunding to any persons
in
"
chasing any of the said lands, rights or properties,
" since the confiscation. And it is
agreed, that all per" sons who
confiscated lands,
in
have
interest
any
may
"either by debts, marriage settlements, or otherwise,
" shall meet with no lawful
impediment in the prosecu-
"
SECRET JOURNAL.
244
The complainants
violated
this
article,
insist
and
[;Oct.
in
the
following instances,
viz.
1.
to
lies,
and
that the
purposes
for
courts of justice.
suspension
by
That they were compelled to depart by a publick noof the
frustrated
from the governour, after having been at considerable expense of time and money in a delusive
tification
That during
pursuit.
Who
their
stay
experienced
they
and abuse.
be conjectured from
the purposes for which they went to South Carolina.
these persons were,
may
They went
is
to
show how
it
com-
well founded.
by
far the
to
be affected
into classes.
The
known
first
class
be
subjects
No peris
distinguished by list No. 1.
sonal offences are imputed to them, and national reathe act, which
FOREIGN AFFAIRS.
1786.]
real
2^
state.
The second
owing
class
allegiance to the
state, refused
to
take an oath
The
third class
not obey.
The
act divests
them of
arms
ber, 1781.
The
(named in list No. 2.) had withdrawn themselves from iho.'w allegiance^ and congratufourth class
The
fifth
class
(named
in list
No.
3.)
The
sixth class
(named
No.
in list
the state,
had withdrawn
be embodied
to
militia.
aggravating the impropriety of such conduct, congratulated earl Cornwallis on his success, and
gloried in
the blood of their countrymen shed by the enemy.
The seventh
class
(named
in
the
in
list
No.
5.) held, or
enemy's service,
in
de-
be capital.
The
list
No.
6.)
had ma^ii-
and
SECRET JOURNAL.
246
The
[Oct.
From
this act,
lists
No.
2, 3,
whose names
those
all
4 and 5.
compared with
it
may
fairly
combe
in-
"
"An
persons
" mentioned."
The preamble
"Whereas many
"allegiance to
is
in
these
words
this state,
owing
some of them having signed
"
they
proclamation,
allegi" ance before the
expiration of the time limited for the
"
"
The
'
FOREIGN AFFAIRS.
1786.]
247
to
grant a
full
my, and had come out since the 17th December, and
who had no estates it however bound them over to
;
con-
tinental service.
this merciful and humane act
comprehended
number of persons, yet it seems that the com-
Although
a large
On
the 16th
it
it,
or have failed
required.
"
March, 1783, an act was passed
/e
"
" commander
in
maining
in,
to
governour or
lime
being is thereby
cause the persons re-
SECRET JOURNAL.
248
[Oct.
to gaol, there to
"bail or mainprize,
until
"should
this state
to
remain without
convenient
opportunity
some part of
his
Britannick
majesty's dominions, which the governour or com"mander in chief for the time being is thereby re-
*'
"
clergy :
" And whereas
notwithstanding the said act, on the
" evacuation of the
garrison at Charleston by the British
"
" American
government, and the mercy of their fellow
"
remain and continue in Charleston, and
did
citizens,
" have surrendered themselves to the
custody of the
'sheriff of Charleston distfict, and have been confin-
"ed by
"
virtue of
act, in the
and
common
And whereas such persons have severally prefer" red their humble
petitions to the legislature of the
" said
state, asserting their innocence of any of the
'
"crimes imputed
"
full
niittees,
" wdiereas
by
it
legislature
is
considered unnecessary
in
snch cases.
FOREIGN AFFAIRS.
1786.]
249
"to carry the said in part recited act into a full and
" strict execution, with
respect to the close imprison" ment and sale of the efFects of the said
persons as
"aforesaid surrendering and submitting themselves;
"and
its
accustomed
lenity, hath
" merits of
The
them
to bail,
and sus-
names
been of
;
the complainants
to
have
that description.
"
carriages and carriage horses, with such negroes as
" were
generally attendant upon the family of those
"
persons who were described in the confiscation act,
" should he allowed lo ihem,''''
Your
if
remarkable.
On
the
It
recites,
" that
SECRET JOURNAL.
23d
"
many
[Oct
" of their
allegiance had withdrawn themselves, and
"joined the enemy."
such persons.
the several
of such
It
to
the
estates of
officers
return the
the commissioners
months.
the
commanding
of militia to
regiments
persons
confiscates
It
directs
for justice
of
names
within three
and
fairness,
trial,
to
be void as
to
such
them
for
in
doing
On
to manifest
their
means
it
innocence, or
prescribes
they failed
it.
ari
act
it
tlie
magna-
stale in so distinguished
this report,
An
tioned,
pern)itting
men-
to return
for
to this state,
and
for other
" of certain
estates, and banishing certain persons
" therein
mentioned," the estates of such persons were
confiscated and forfeited to the use of this slate: and
recommended
in
Congress assembled
have earnestly
the several states to
reconsider and revise their laws rcgardirig confiscation, so as
to
to
FOREIGN AFFAIRS.
1736.]
S6l
not only with justice and equity but with that spirit of
conciliation which, on the returns of the blessings of
peace, should universally prevail :
Be
it
and
estates, both
real
hereby restored
is
to
and revested
in
the
as each and
for the
were seized or
And be
it
further enacted
by the authority
aforesaid,
and every of the said person and persons mentioned in the lists No. 1, 2 and 3 be allowed and per-
That
all
mitted
to return
to,
and
reside
ihis
in
in
state,
the
and
said act
contained, respecting the banishment of the said persons, and the disposal of their estates for the use of
same
is
hereby repealed.
Provided always, and be
it
further enacted
named
by the
in the lists
SECRET JOURNAL.
252
No
and
3, their
[Oct.
tates have not been soIJ, should make a just and true
return to the said commissioners, on oath or affir-
the said
do
first
their
by imposed
act, with
;
in
of two pounds
per centum.
And
That
be
all
it
further enacted
tioned
in
the
list
same
is
said,
revested
ed
in the
every of them,
in
been extended
to
Kcnded
is
hereby restored
to,
and
in the list
No.
and
2,
to the
heirs of each
and
as
full
No.
and
that all
FOREIGN AFFAIRS.
J786.]
233
not
is
hereby repealed.
And
be
further enacted
sioners,
up the
purchase to
and may be lawful
it
shall
be unwilling to give
such original proprietor, then
or
shall
for
the
commissioners
commissioners of forfeited
of the
treasury
estates,
ed, to
in
the
pay on demand
lists No.
the said
to
1,
commissioners have or
purchasers.
And
in all
in
purchase
to
to
any
comprehended,
accept the said
ed
to give
may
bond and other security given for the purchase provided always, that all and every person in the said
:
SECRET JOURNAL.
S54
lists
No.
1,
and subject
may be due
2 and
to
3
all
pay
to the
[Oct.
for
aforesaid,
shiill
be allowed
in discoutitof their
ment respectively.
And
That
the
amerce
list
No.
3,
and
all
such on the
list
No.
1,
who held
governour, member
this
And whereas
legislature to
"
Be
it
That
as
therefore enacted by
much
the several
FOREIGN AFFAIRS.
1786.]
255
And he
it
further enacted
same
In the
wards,
spirit of
wit, the
to
"
An
to the
after-
is
as fol-
lows, viz.
Whereas
it
is
widows
whose whole
Be
made
to
therefore enacted
by
and house of representatives now met and sitting in
general assembly, and by the authority of the same,
That the plantation or tract of land on Reaburn's
it
Cunningham
Andrew Cunningham)
secret journal,
.2d6
[Oct,
Be
it
properly of
the whole four hun-
neighbourhood of Ninety-Six,
late
the
sale
hereby vested
in
with,
shall
Mary Anderson
ever
now
of the said
berl Anderson,
'
less,
on Daniel's Island,
ever
Edward
in
Elizabeth
<
That
all
FOREIGN AFFAIRS.
i786.]
25?
to the said
shall be
and vested
hereby restored
dren
to
estate so restored
payment of
all
just and
bona
fide
debts that
may be
day of March,
a. d.
the Senate.
the
House of Representatives.
On
in
is
to
in
and an uncommon degree of benevolence, humanity and mercy, has marked her conduct
How it happened that
towards her offending citizens.
regard
to justice,
good
effects
be accounted
for
characters.
VOL. IV.
33
to their
SECRET JOURNAL.
258
They seem
to
have forgotten
[Oct.
Congress
shoulrl
commended them
That
was
at liberty to
or in part
comply
others,
state
the whole
in
for not
sponsible
some
comply
or not to
is
not re-
state as in
citizens to
may
They had
That was
All this
they were ordered to depart.
and yet the treaty remain unviolated.
may be
true,
They
so,
it
is
courts
perty
may
as well be
person.
If after
the persons
FOREIGN AFFAIRS.
1786.]
25&
room
for
That several
2.
if
it.
were
properly of persons,
whose estates were confiscated by an act passed 26ih
4th of
July,
1776,
the
often
rdrospecled
to the
4th
actually
belonged to British
were afterwards, viz.
cated
Under
self
is,
this
head the
whether, or
first
how
far
This question may be discussed with more perspicuity by distinguishing between the British subjects,
citizens
who were
act.
The
first
owed none.
The
for
On
became
SECRET JOURNAL.
26ff
[Oct-
ihe war they wrre not only aliens, but alien enemies
were during that period under legal disaeither to acciuire or convey lands in ihis coun-
as such they
bilities,
On
try.
these
principles
therefore
it
was
subjects
41 h
in
and
lands to be
all those
just that the act should consider
still
right
question,
of
July, 1776.
if it
their
By
a matter
it is
have no right
ers
shall
ants
to
own showing
it
to
complain
of.
merchants, that
is
British
in
or
and
if
how
enemies?
alien
chants
and
It
in
them by
and
if
they
thereby acquired no right or title to the lands in contemplation, they can with no propriety complain of or
FOREIGN AFFAIRS.
^786.]
this
2(J1
reasoning as being
it
re-
this
act.
Whether
the
fifth
it is
agreed that all persons
By the fifth article
" who
may have any interest in confiscated lands either
"
debts,
marriage settlements, or otherwise, shall
by
" meet with no lawful
impediment in the prosecution of
" their
just rights."
The obvious
tneaning of which
is,
be executed
favour
in
of innocent persons
claiming
The
may
legal rights,
its
meaning
could have
grants
warranted by law, or to
no prior period had even exis-
title
to or interest
made during
the
in
to
July,
SECRET JOURNAL.
26^
[Oct.
As
plaint.
The
|)rovides,
That there
1.
it
be no future confiscation.
shall
to the
treaty.
2.
It
forbids
against any
may have
by
no more propriety be called a
3.
or fencing
it
the
leasing, or
can be.
suffer
If
taken dur-
war.
ing the
The
commencement of prosecutions
the
it
arose
be easily construed
to
to
it.
candour observable
it,
in the
it,
possessed on the
who
4th July.
FOREIGN AFFAIRS,
lf86.J
The
1776.
fact
is
263
"
And be
further enacted
"said, that
''
it
all
real
''unless the
"
''
sold,
and con-
veyedfor a valuable consideration of money paid or secured to be paid, and actual possession given to the
''
^^
^^
forfeiture,
On
"
shall
provided the
still
" ration of
"
fraud,
The
money
&c."
to
is,
good conscience.
SECRET JOUkNAL.
264
[Oct.
bona
this
complaint
confiscation,
it
may
one, specified
in
who
left this
"
with,
to,
up
enemy
year of our Lord, 1779, shall be respectively
" liable to
discharge the debts due by them, as the
*'
estates of those persons who are mentioned on the
"
It furfive and six."
numbers
"
in the
"
" estates
against which the debts shall be so certified
'
are fully and clearly equal to the demands upon
" them
or, at the option of such creditors, they shall
" be
paid proportionably out of the annual interest aris*'
ing on the bonds given for the purchase of confiscat" ed estates."
The act directs such demands to be
;
brought
in
by
was extended
The
list
to
but
terra
for
it
is
any
had been passed on the subject, viz.
" That the decisions o^thc board of
police, establish-
^'
in
Charleston, how-
FOREIGN ArFAIRS.
1786.3
265
" ever
equitable, have been set aside since the peace.
" British
subjects have been deprived of their property
"
purchased under its process, and cast in excessive
"
damages and costs, for no other cause than having
"
''
subjects."
If
the complainants
names of the
was
tried
due
to their representation
than
it
seems to merit
in its
of grievances.
To
him, however,
it
appears
sufli-
answer
state of
to this complaint,
it
" tion of
that every definijustice necessarily requires
" tive
sentence, regularly j)ronounced, be esteemed
"
executed as such, as soon as a cause in
just, and
" which
foreigners find themselves interested has been
" decided in
form, the sovereign of the defendant can" not hear their
To undertake to exacomplaints.
" mine the
of a definitive
is to attack
sentence,
justice
" the
jurisdiction of him who has passed
"
"
"
in foreign
his protection,
vfJL. IV.
in
excepting
34
The
the causes of
to grant them
cases of a refusal of
countries, anil
in the
it.
SECRET JOURNAL.
?66
[Oct.
now proceed
to
as violations of the
for
ing complaints of the like kind against New York
South Carolina and New York are the only states
;
against
It
five
2.
That there
shall not
That no person
loss or
future
shall on that
damage
either in
properly.
4.
That persons
in
That
the
confinement on
such charges
and
prosecutions so
commenced
shall
be
discontinued.
war,
"
bring
trespass
FOREIGN AFFAIRS.
1786.]
267
rity or
"
ingany
military
" their
It also authorizes the sequestraoccupancy.
" tion of the estates of British
subjects lying in that
"
conduct
for
their
during the war.'*
country
extraordinary act.
An
last article
It is
of certain trespass.
as follows
more
Be
it
shall
place
into the
voluntarily put themselves respectively
of the
power
left their
places
heirs, executors or ad-
persons
destroyed his, her or their estate, either real or per-
person
sonal, within
the
or their heirs,
executors
or
administrators, in any
same
in
against the
which action,
if
the
person or persons
same
shall
be brought
SECRET JOURNAL.
2{/J>
[Oei.
the
state,
be brought
same
in
shall
and
if
be
shall
be admitted
order or
to plead, in justification,
command
any military
Your
knowledge of them)
a treaty of
ajfford
ratified,
either
of the -late belligerent powers or their respective citizens have a right to conmience and prosecute actions
at law against the soldiers, subjects or adherents of
the other for
and
in
the war.
to
particular exposition
order.
of
its
demerits would be an
not true that this act does " authorize the seques" tration of the estates of British
subjects lying in this
is
FOREIGN AFFAIRS.
1788.]
"country
for their
209
list
in
Your secretary
finds
"dence of
"
this
mentioned," which
ble.
as follows
It is
Whereas
it
is
and
state,
in his
for other
purposes therein
is
very exceptiona-
opinion
persons
holding
principles
an immediate influence
the direction of
in
its
acquii'e
councils
dangerous
it
Be
it
New
others,
who being
ol'
hard
SECRET JOURNAL.
270
[Oct.
1776, accepted, received, held or exercised any miltfar^ commission or commissions whatsoever, by or
nnder any authority derived from the king of Great
Britain
the ninth
commit
hostilities
and established
in
day of July,
in
the year
1776, aforesaid,
FOREIGN AFFAIRS.
1786.]
J71
which
the ninth
over
to,
tain aforesaid, at
has or have
December,
in
shall hereafter
be found
deemed
in this
to affect
act contained
at
the time of
committing any of the offences aforesaid,
was a minor under sixteen years of
age, or a person
insane.
And provided
for
advertisement made
SECRET JOURNAL.
272
[Och
may
theirsuit;
in
"
this state,"
who
''
An
any election to
fill
any
and
by
office or
place whatsoever,
shall offer himself
as an elector, at
an
office
pected
of,
if
any person
to
be holden for
or place within this state, and shall be susor charged to be within any of the descripit shall be lawful for the inspectors or
tions aforesaid,
superintenderils
(as
the case
fact
may
shall
be
if
FOREIGN AFFAIRS.
1?^6.]
faction
election, that
if it shall
to the satis-
or superintendents at
inspectors
any person
appear
273
offering himself as
any
an elector,
such
office,
section would
office, or from
uniformly behaved as a friend to the freedom and independence of the United States, the inspectors shall
any thing
any such
them
to their
Be
it
election,
to the
contrary notwithstanding.
very respectable number of citizens of
well attached to the freedom and
indepen-
Whereas
this state,
in this act
country
to
extend
to restore
That Gysbert Marselius, Henry Staats, John Stevenson, Henry Vandyck, John Vanallen, Henry Vanschaack, David Vanschaack, Harman Pruyn, William
Rea,
Graham,
John
Thurman,
Samuel Fowler,
Andrew
Joseph
and therein
VOL. IV.
35
to
remain
until the
end of the
SECRET JOURNAL.
274
[Oct.
next meeling of the legislature, or until further legisprovision shall be made in the premises, any
" an act more
efiectually to
thing in the act entitled,
"
prevent the mischiefs arising from the influence and
"
example of persons of equivocal and suspected
lative
"characters
in
June, 1778,
to
30th day of
the contrary thereof in any wise notstate," passed the
this
withstanding.
and decided
to require
enumeration or discussion.
in
it
but as
apply
with propriety.
vestigation may here be concluded
From the aforegoing review of the several acts
complained
of,
it is
them.
The next
inquiry
in
order seems
to be.
Whether
There
is
seventh article,
provides
convenient speed, and without
"majesty
or carrying away any nedestruction,
"causing any
'
the American inhabitants,
of
orother
property
groes,
shall with all
" withdraw
all his
FOREIGN AFFAIRS.
1786.]
75
The
violations
to,
are these,
viz.
1.
belonging to
2.
been withdrawn from, but still keep possession of certain posts and places within the United States.
With respect
distinguish them
Such as
1.
in
to the negroes,
may
it
be proper to
to
American
camps and
lines.
The
lend
to,
of war
all
Jiagrante bello,
become
the property
of (he captors.
booty,
is
ly various, even in
and respect
for the
countries
rights of
professing Christianity
Certain it is
mankind.
and Britain by
this article as
well
SECRET JOURNAL.
276
man.
If so,
it is
fair
[Oct.
mean
no other captured property shall be carried away, which would in other words amount to
an agreement that the British fleet and army should
also
that
leave behind
all
which
any period
they had taken from American
It would be a task beyond the abilities of
of the war.
your secretary to raise such a construction of the artiinhabitants at
cle on
it.
seem clearly
article
to
for as the
enemy had
ne-
whom
the
enemy had
Your secretary
clearly
comprehended
reason, viz.
the article,
because they
still
and
for the
same
remained as much as
They
could not
coming
into
the
enemy's possession,
FOREIGN AFFAIRS.
1786.]
277
own
away
American inhabitants,
property of
it
was an infraction
and can-
investigalion, truth
The circumstances
dour should direct the inquiry.
under which these last mentioned negroes were carried away make a strong impression on the mind of
your secretary, atid place that transaction before him
in a point of view less unfavourable to Britain than
it
appears
aware he
in
to his
countrymen
in
general.
He
is
proceed.
a
If
giers
war should take place between France and Aland in the course of it France should invite
away from
their
mas-
if,
American slaves
may be
season
fact
is,
for
at Algiers
New
ill
made
founded, the
to
have done
it.
out of
them up,
ma
SECRET JOURNAL.
How
[Oct.
escape from their masters, and on escaping had received and protected them, it would have been cruelly per-
fidious to
ter contracting
to
in the face
carry them away, would have been highly inconsistent with justice and good faith.
But one way
of
it
lO
your secretary in which Britain could exfrom these embarrassments, that was,
to keep faith with the slaves
by carrying them away,
and to do substantial justice to their masters by
paying them the value of those slaves. In this way neither
appears
to
tricate herself
slave.
In the
J3ritain
and on
this
full
insist.
value of them
may
Indeed there
with great
is
an
inti-
FOREIGN AFFAIRS.
1788.]
mation
in
Z19
it.
may
be,
it
unques-
posts from which by that article she agreed (o withdraw her garrisons, is also a decided violation of the
treaty.
appears, then, that there are violations of the treaty justly chargeable on both parties; but as the present inquiry is, Whether our violations can be justified
It
must be ascertained.
ratified.
ber, 1783
the treaty
The
left
that place
was not
until
knowledge of your
and
was
first
secretary)
forces
She evacuated
it
ratified.
we complain
New York
of,
;
happened when
for they
the British
then carried
away
negroes
in
vember, 1783.
The famous
trespass act of
The
is still
New York
was passed
in force.
The ordinance
SECRET JOURNAL.
280
[Oct.
In
whatever
treaty prior to
from
the
may
therefore, deviations
light,
its final
be viewed, it is certain that deviations on our part preceded any on the part of Britain and therefore instead
of being justified by Ihcm, afford excuse to them.
;
As
to
the detention
we had
of
Congress
ratified
it
lowing.
From
that
lime to
this,
fifth
operating.
would Britain be
in his opinion
to hold
it
is
them
America
until
to
blame
in
shall cease to
nor
continuing
impede her'
her, and her
ought not
duced it.
to
by giving time
pay
the debt;
a benefit to
tlie
complain of the
the recovery of
to the debtor,
and as
he
that addi-
which pro-
Although
it
was
to
in
this
when he pleases
FOREIGN AFFAIRS.
1786.]
281
when he
when he
man
to eat
he pleases.
Admit
would do better
de-
to
dered
his
vessels to sea
when
a hurricane
intemperance
gentleman injured
admit these facts would
;
was expect-
his health
it
thence
by
fol-
who
is
dered
nei-
articles
VOL. IV.
36
it
would be
in the
power of
SECRET JOURNAL.
282
[Oct.
to involve the
whole confederacy
in difficulties
and war.
would highly become the dignity of
the United States to act on such occasions with the
In his opinion
it
would be proper
it
to
resolve,
1.
That
of right pass any act or acts for interpreting, explaining or construing a national treaty, or any part or
clause of it ; nor for restraining, limiting or in any
constitutionally
come,
in virtue
made,
ratified
the land, and are not only independent of the will and
power of such
legislatures, but
gatory on them.
2.
That
existing in
prevent
their continuing to
well to
operate as violations of
That
be
it
recommended
make such
FOREIGN AFFAIRS.
1786.]
treaty of
2C3
any
arti-
to the
adjudge according
true intent
and meaning of
appear
He
reasons
at no particular state,
general, and points
of
cannot wound the feelings
any.
As
it is
The
to a
general law
it
it
clauses, because
be made
in
either omissions
might accidentally
tated,
this
not.
ceptionable, and others
By
repealing
in
general
and
terms, and obliterating all exceptionable acts
of
the
the
whole
one
stroke
clauses as it were by
pen,
business will be turned over to
viz.
to the judicial
difficulty
clause
is
in
or
When
it is
considered
office
that
the
in
is
reason to
SECRET JOURNAL.
284
[Oct.
presume
that their
upright.
Your
it
in
accompany copies
but as the forming a draft or plan
oi foreign
He
is
affairs,
he forbears
to report
one.
copy of
this
report
London
been violated
in
That he inform
his
Britannick majesty
That he
in the
that the
for
remov-
it shall be
agreed, that
other
American
the value of the negroes, or
property
carried away contrary to the seventh article, be esti-
whereby
for;
with a surrender of
all the
payment, together
held by his majesty within the
posts and places now
months
limits of the United States, shall be within
said
and parts of acts existing in the seveand which violate the treaty, are repealed,
FOREIGN AFFAIRS.
1786.]
286
it
and that as
this
is
which any
complaints of that kind have ever come regularly before them, they flatter themselves that the frankness
same confidence
this
in
occasion will
the
purity of
''
mination to
'
will
fulfil
"
to
have an
it,
He
also thinks
Adams
to obtain,
it
if
may be considered
is
in
favour
SECRET JOURNAL.
286
[Get. 1786.
to
to
appears
give perfect
unless perhaps
who have
one point,
in
system ought
London,
suflered
compensation for
Although
wrongfully
if
they
who have
j*etribution
difficult,
this
practicable, to
prevail
it
would be very
on
the
states
lo
it
without their
concurrence.
Besides, as the detention of the posts has been and
continues injurious lo the United States, the consequences of their respective violations may be set
against each other; and although the account maj'
not be exactly balanced, yet it cannot be well expect-
ed that in
affairs
can be had
to minutiae as in transactions
between
indi-
viduals.
any errours
in
it
,
He
He
be-
FOREIGN AFFAIRS.
Feb. 1787.]
which few,
if
"SB?
FEBRUARY
A
letter
1787.
3,
Adams was
read, in-
had exchanged with the baron Thuleof the treaty between the United
the
ratifications
meier
forming that he
The
his
to as follows
We
honour
*
letter
Nous sommes
que nous
cause
delivrance
partagerez
la satisfaction
de la Reine notre
tres
chere
I'enliere
con-
fiance que nous mettons dans les senlimens dont nous nous flattens
que
temoignages en cette occasion, vous repond
du desir que nous aurons toujours de vous donner de plus en plus des
vous nous renouvellere
les
le
allie.
9 Juillet, 1786.
LOUIS.
Gravier De Vergennes.
SECRET JOURNAL.
288
We
very
participate
[Feb. 3,
which your majesty derives from the birth of a princess, and rejoice in every event which adds to the
prosperity of your people and the welfare of your
We
Done
at
New
1787.
February, in
By the United
(Signed)
ARTHUR
secretary for foreign affairs, to whom was referred a letter of the 27th June,* from the honourable
The
SIR,
The
queen
his mistress
from
insi ructions
his
this
day,
in
the
mouth
of the
all
me
of her
own
subjects
The reply was. That it could not be doubted that so signal a mark
f her majesty's friendly attention to the interest and safety of the ciAmerica, would be very agreeable to Congress, and that the
opportunity should be embraced to make the communication to
tizens of
first
them.
So much notice
will
probably be taken of
;
the least
ig
thanks.
this
by Congress,
as
to
FOREIGN AFFAIRS.
1787.]
289
J.
We
acknowledgments
manifested for
the straits to
you have
us,
having ordered your squadron in
protect our vessels equally with those
in
of Portugal.
to assure you, that we shall retain this
of generous attention in grateful remembrance ;
Permit us
mark
and
shall
to establish
We
God
pray
Done by
to bless
ed at the city of
ruary, in the
New
ARTHUR
(Signed)
1787.
The
As
this
in
envoy
this loiter
treaty
Thereupon,
VOL. IV.
37
SECRET JOURNAL.
290
[Feb. S,
when signed by
suggested
in his report.
manner
The
of 23d April
last,
it
appears
to
in
the
him ne-
in
fact
a right
to forbid.
would be proper
mas, that this
He
to authorize
mark of
nevertheless
him
his majesty's
to
thinks
inform Mr.
it
Du-
generous attention
enjoy
it.
FOREIGN AFFAIRS.
1787. j
2l
January
17, 1287.
The secretary of the United States for the department of foreign affairs, to whom was referred three
letters
from
sir
Ireland, one
Edward Newenham,
of the
kingdom of
to his
excellency
12th August last, another to his excellency the President and members of Congress of the same date, and
the third to your secretary, which
is
also of the
same
date, reports,
That
is to
where he
line.
Sir
is
settled
Edward
and established
represents his
and supports
in
the mercantile
his application
by referring
to his
be prisoners
in Ireland
countrymen
:
that
happened
that therefore he
merits
minister,
"
"'
charge des
affaires,
consul,
SECRET JOURNAL.
292
[Feb. 3,
per
to repeal
it
partially or altogether.
some inconveniences
tion
appears
to
institutions
The
from which
act in ques-
consequently that
and
well
known
rank
Ameri-
Your secretary thinks that states as well as individuals should remember those who took their
part in
adversity, and that the
first
use to be
made
of subse-
sides,
it is
right in itself,
new ones
be-
politick.
tries cost
sovereigns so
little,
friends
The
and
first,
and
faithful servants.
cautioyand reserve,
will
FOREIGN AFFAIRS.
1787.]
293
The second
depreciate and cease to be valuable.
should in the opinion of your secretary be as much as
The third is
possible confined to their own citizens.
at present out of question
state of the latter,
your secretary
is
considering the
inclined to think,
might be useful.
individuals, French, British and Dutch,
the course of the war eminently useful to Ame-
some plan
that
but on
Certain
were
in
rica.
Let
become
names of
others,
Give
to
these townships
and give
acres to each
of them in fee.
office
be also
di-
Congress.
ferable, unless to
American
shall not
citizens,
and
be trans-
that at the
less
As
thinks
to
it
SECRET JOURNAL.
294
[March SF,
lettfer,
America, and that it would give them pleasure to manifest the esteem they entertain for him by
liberties of
MARCH
13,
1787.
MARCH
On
21,
1787.
ber following to
state,
his
to the
FOREIGN AFFAIRS.
1787.]
and contained
said memorial,
in a letter
205
or clause of
manner impeding, retarding or counteracting the operation and execution of the same
for that on
being
;
constitutionally made, ratified and published, they become in virtue of the confederation, part of the law of
the land, and are not only independent of the will
power
and
gatory on them.
Resolved, That
be now existing
all
in
prevent their continuing to be regarded as violations of that treaty as to avoid the disagreeable necesotherwise be of raising and discussing
sity there might
to
make such
reciiing; the said acts, and for that purpose to pass an act
declaring
in
all
cle
thereof, shall be
SECRET JOURNAL.
296
adjudge according
to
[April 13,
and meaning of
MARCH
1787.
30,
Ordered, that the papers presented by the delegates of North Carolina, touching goods seized at the
Natchez, and also paj)crs transmitted by the executive of Virginia and laid before Congress by the delegates of that state on the
28th, be referred
the
to
APRIL
4,
1787.
APRIL
1787.
13,
The
secretary for foreign affairs having in obedience to the order of the 4th reported a state of his
negotiation with the encargado de negocios of Spain,
the same was read as follows
:
1,
1787.
SIR,
my
me
negotiation with
have the
October
last
doqui, viz.
FOREIGN AFFAIRS.
1787,]
The
did
letter
me
i'97
October
6,
1786.
you
was immediately
before Congress,
25lh
May
The
last
laid
to
was,
find
make and
myself more
our countries.
shall
be happy
should be so fortunate as
in
receive proposi-
between
our negotiations
terminate in a treaty
to
if
satisfactory to both.
"^
ately despatch
renew
must immedi-
be completed, which
our conferences,
it
will
and
give
will
me
honour
to be,
pleasure to
have the
John Jay.
&c.
Don Diego
That
the
without delay.
(Signed)
de Gardoqui, Encargado
de Negocios of his Catholick Majesty.
Sen'r
be in
do myself
will
>
Gardoqui on the well known points in difference between us, viz. on the navigation of the river Mississippi,
and on the
With
limits.
in the course of
each other.
step nearer to
VOL. IV.
38
He
continued and
still
SECRET JOURNAL.
298
[April 13,
nor
will
and
in express terms,
it
to the
cidedly opposed
same ideas
in the
to
me
way
so de-
ofj'mp/t-
I
drew that infethough he did not say so.
rence from a number of circumstances, but yet he said
cation,
nothing so
unequivocal
warrant
it,
commit
as to
I
therefore advisable to try how
thought
and therefore
he would silently yield to that idea
himself.
far
to
it
drew up
refused to admit; and findit)g that arguments in support of them rather irritated than convinced him, we
they stood,
we gradually
endeavour
and
sense.
to
change
It
was
but very
my
business
difficulties
Many
to detail, occurred.
It
as in
to
other article in
piration of which this and every
as follows, viz.
treaty
may
the
it
would
more
ef-
"
"
harmony which
"
'
that all
at
FOREIGN AFFAIRS.
1787.]
29V
"
" as far as
possible to meet the wishes of his majesty.
" and to evince the sense
they entertain of his friend"
" tholick
majesty and the United States are freely, and
in common, and without receiving atiy interruption
"
signed
but on the contrary, in order to avoid and obviate differences and questions, to suit his majesty's system of
to
not
to
On
use,
it
only stipulates
&c.
SECRET JOURNAL.
300
[April 13,
As
that
to the limits,
to believe
notwithstanding the
other matters were satisfactorily adjusted, so far recede as to give up to us all the territories not comprehended within the Fioridas as ascer-
would, in case
all
Great
informed.
As he could not
than
this line,
confine
if
it
in
struck
possible
all
between the two lines; and therefore hinted the expediency of settling the dispute so limited by commis-
He
sioners.
expressed no reluctance
to
but
am
and
that point,
He seemed
not certain.
this
and
it is
much
to
variety
at
present stand
of circumstances
FOREIGN AFFAIRS.
1787.]
301
of
cially during the residence
verily believe
is
and the
by him and
to be,
<Szc.
JOHN
(Signed)
JAY.
The
affairs
The
12, 1787.
re-
ports,
That he presumes
pa^e 305.
SECRET JOURNAL.
3*2
"
a
persons guilty
copy of the
in the
They
premises."
act to he
[April 13,
also ordered
sent to their
delegates, that
of
tiie
From
executive expressed
the
in
visible in
it.
some of
war
wage
by
with
Spain,
treaty, on
liio
or settle
all
hest terms in
unnecessary.
He
in
Congress as-
commonwealth
that cer-
of Virginia have.
and dignity of
that
ments
war be and he
commanding
is
officer of
hereby
detach-
FOREIGN AFFAIRS.
n87.]
S(
the
all
or oa
subject have as yet been made to Congress, by,
the part of his Catholick majesty, yet as their ready
attention to whatever may affect the friendship happily subsisting
be and he hereby
it,
is
the secretary
directed, to
now
to
be most consistent
make
to
sundry articles
carry down, and out of the river; and that he was
stopped, and his merchandise taken from him by the
Spanish
officer
commanding
there.
SECRET JOURNAL.
304
It is
known
well
to
[April 13,
of the
that
river
our peo-
which runs
ple
navigate
part
through their countries, and such of them as
make
the
States
will
and
render
it
proper
and remonstrance
for
of the United
them
to
rights,
present a memorial
his
Your secretary
question.
in case of refusal,
it
will
is
its
course in
There being no
between
middle
peace and war, it will
way
reputable
be expedient to prepare without delay for the one or
then to declare war against Spain.
the
other
seem daily
If
for
to
accumulate.
terms proposed
is
are communicated
eligible, the
to
and
for that
be entertained,
it
would be
or to associate one or
an
If
stead,
in the
FOREIGN AFFAIRS.
1787.3
305
With respect
to prescribing a line of
citizens on the
banks of the
embarrassed.
If
war
conduct to our
your secretary
river,
is
is in
much
and
may as
made to quadrate with the terms
Your secretary cannot forbear to
as possible be
articles of
express
it.
sequential business
may
not be
left in its
present situa-
tion.
The objects involved in it are of great magnitude; and effects must and will result from it, by which
the prosperity of
America
will
He
half
ty of observing, that a treaty disagreeable to one
of the nation had better not be made, for it would be
violated
and
that a
little
half,
[Virginia.]
No.
In Council,
Page 301. J
1.
and addressed
voL.
IV,
to the
SECRET JOURNAL.
306
[April 13,
and
this
and intended
quiet,
first
time, on the
instant,
day af
fifth
to
the governour in
to
Norfolk on publick
business.
From
names subscribed
That
to
treaty proposed to
be held with the Indians, under the authority of Con1.
will tend to
gress,
ments.
That the success of the treaty would be forwarded by the appointment of some commissioners at least
2.
who
be exposed
3.
now employed
cers,
and
in
in
recruits, in
levying
nominating
impressing provisions for the support of
is
offi-
and
That general Clarke hath made a seizure of
;
The board
1.
therefore advise,
letters aforesaid
them,
tion,
in
whole or
immediately
in part,
to
that
FOREIGN AFFAIRS.
1787.]
307
arrangements
for a treaty to
in April next,
them
That
as the
never authenticated
to this
early
seizure
it
been known
for
it
at a
would
period suf-
have been
prevention,
this offence against the law of
nations having been committed, it becomes the executive to declare their displeasure at the act, and to
ficiently
prevented.
But that
in-
of legal
to
of Kentucky, as
steps as
may
subject to punishment
all
persons guilty
That the said seizure of Spanish
premises.
property be disclaimed by government in a special
in
the
who concurred
in the
308
SECRET JOURNAL.
letter aforesaid.
All
[April 13,
(Signed)
A, Blair, C. C.
No.
2.
Danville,
December
22, 1786.
SIR,
in
The
testimonials
which accompany
this will
give
We
beg leave
to
add, that
we have reason
to
be-
it
We
in
the
mean
time,
Vincennes, by
FOREIGN AFFAIRS,
1787.]
309
officers
appointed by
general Clarke.
We
beg leave
for
we
that the
fear,
amused by a
savages, when assembled, if
treaty, or kept in awe by a military force at Saint
they are not
Vincennes,
will
hostile to this
such force as
dom and
to
overwhelm them.
settlements in
To the
superior wis-
common-
And
be immediately adopted.
have the honour to be, with every sentiment of respect,
sary measure
will
George Muter,
Caleb Wallace,
John Craig,
Harry Innes,
Chris. Greenup,
Ejlmund Lyne,
James Garrard,
Richard C. Anderson,
Charles Ewing,
Richard Taylor,
John Logan,
John Edwards.
James Wilkinson,
J.
Brown,
copy. Attest.
Sam. Coleman, A. C. C.
(Signed)
No.
The
4.
first
sworn
310
SECRET JOURNAL.
saith,
That he
this
[April 13,
a captain
deponent was enlisted by
the
Wabash regiment
of a guard by
a cap-
tain Valentine
wanted.
The
by the
being at a
late hour of the night the Spaniard lighted a candle
officer to
commanding
It
and opened
his doors,
of peltry, wine,
plundered the cellar of a large quantity
cordial, French brandy,
taffy, honey, sugar, tea, coffee,
a quantity of
articles, together with
deponent doth
that part of the goods was
not at present recollect
with the
the
of
to
clothe
made use
troops, the remainder
articles
dry goods, the particular
this
in the
is
copy
of
" Daniel
Neeves, a sol-
liberty to go on
at the
furlough for two mouths from the date hereof;
FOREIGN AFFAIRS.
1787.J
31.1
"
captain
"
To
regiment.
all
whom
it
may concern."
And fur-
saith not.
DANIEL NEEVES.
The above
me
this
December, 1786.
20th day of
Christopher Greenup.
copy
Test.
(Signed)
Samuel Coleman, A. C. C.
No.
5.
That they
employed on
cil
find
the late
Wabash
8th
of October^
1786, unanimously
would be of essential service
to the district of
Ken-
or otherwise, under
be appointed
for this
the direction of a
commissary to
by the
SECRET JOURNAL.
318
[AprU IS,
fifty
artillery to
be
commanded by
recruited to
nel
to
command
the troops
in this service.
appears to your
committee that a body of men have been enlisted and
are now recruiting for one year; that general Clarke
it
made by
who
that
the
seizure
of
general Clarke,
acknowledges
the Spanish property was made by his order for the sole
hath been further officered by appointments
and that
acts as
commissary
to
the gar-
were raised
That
The
the direction of
them
may
this
committee,
in a
cepted letter from Thomas Green. That he understood Green's object was to establish a settlement at
or near the Gaso river, under the authority of the state
of Georgia; that his view was by encouraging the settlement to obtain a small grant of land, and that he
FOREIGN AFFAIRS.
1787.]
313
had no idea of molesting the Spaniards, or of attendHe informed the committee that
ing Green in person.
now
the garrison
at
about one
is
to
the Illinois
made at
Spanish com-
any outrage
copy.
copy.
conciliate
to
to retaliate
commit on
commence
their pro-
hostilities.
Thomas Todd,
Clk.
Com.
Test.
Samuel Coleman, A. C. C.
No.
6.
Extracts of general Clarke's speeches to the different nations of Indians on the Wabash, and their
answers,
in
October,
1786.
GENERAL CLARKE.
"
"
next,
"
terms,
VOL.
IV.
40
S:c.
SECRET JOURNAL.
314
[April 13,
oughtest to
know
to
it
the place
is
speak at,
Vincennes, there our chiefs are laid, there our an" cestor's bed is and that of our father the
French, and
" not at Clarkesville where
you required us to meet
"
you ; we don't know such a place, but at post St.
" Vincennes where we
always went when necessary to
" hold councils.
elder
thou informest me
"
St.
My
"
brother,
I have
mentioned, yet
" thou
seest, my brother, that the season is far ad"
vanced, and that 1 would not have time to invite my
" allies to come to
your council, which we pray to
" hold at
St.
&c,
Vincennes,"
post
at post
at the place
THE LOON.
1
I
"
"
"
My
oil at
elder brother.
Clarkesville
at post
St.
Thou invitest us
we don't know
to a
grand coun-
that place
to
'
it is
go to
'
GENERAL CLARKE.
"
"
pect
all
those
who
are
FOREIGN AFFAIRS.
1787.]
"
appear, and
will
315
the Deity
" means."
HARRY
A
INNES.
Test.
Copy.
Samuel Coleman, A. C. C.
No.
7.
December
23, 1786.
SIR,
ed
to
The
prohibihas
astonishMississippi
To
sell us
and make
is a
grievance
Should we tamely submit to such mashould be unworthy the name of Americans,
nacles
we
and a scandal
surprising to
It
is
very
and defence of
their rights
and
privile-
the greatest
ges, should so soon endeavour to subjugate
to
worse slavery than
part of their dominion even
even Great Britain presumed to subjugate any part of
Ireland
hers.
when
its
be sold
all
is
navigation
for
bondsmen
as
to
toils.
They
SECRET JOURNAL.
316
[April 13,
own
try at their
prices, (which
summed up
This
is
companying
this.
condemned
worse, therefore every exertion to retrieve our circumstances must be manly, eligible and just.
The minds
of the people here are very much exasperated against
both the Spaniards and Congress.
But they are hap-
py
to
to that state,
hopes, looking up
in our just rights and
ed
to wear a
The troops stathreatening aspect.
tioned at post St. Vincent by orders of general George
R. Clarke have seized u[)on what Spanish property
seem
many
offences.
Illinois, in
retalia.
terrour, together
other
of
merit,
many
gentlemen
engages to raise
and
with
me
to
the Natchez to
troops sufficient,
go
with
expense;
FOREIGN AFFAIRS.
1787.]
317
in your infinite goodness will countenance them, and give us the lands to settle it agreea-
provided you
wait-
wish for your directions concerning them, and the adAt the same time as-
large
all the
quantity of
Indians living within the limits of Georgia.
Trusting
that we shall be able to make them independent of the
wean
Spaniards,
teem
for us
their affections
down with
us.
to
We
earnestly pray
you would give us full liberty to trade with all those
tribes, and also to give your agents for Indian affairs
that
all the
advanced that
wait with very great impatience.
General Clarke, together with a number of other
far
nestly
will
refer
you
to the
minutely
than
bearer Mr,
will
be able
possibly can of
to
THOMAS GREEN.
SECRET JOURNAL.
318
P. S.
Honourable
others are
now
sirs,
[April 13,
at
T. G.
government.
P. S.
Honourable
sirs,
travelling
have
prevailed
upon
through his
zeal
for
the
cause.
THOMAS GREEN.
To
Louisville,
December
4,
1786.
is
now employed by
colo-
on publick business, and it being uncertain whether he will be paid for his journey out of
the publick treasury: should he not be, on his return,
stale of Georgia,
we
FOREIGN AFFAIRS.
1787.]
sums
that are
affixed to our
names, as
319
SECRET JOURxNAL.
From what
Frankland.
US, called
The
me
to circulate
[April 13,
a(,
quences
may
judge it to be my
to
forward to your excellency the enclosed copy.
duty
1 have the honour to
be, &:c.
ensue, direct
to
ARTHUR CAMPBELL.
His Excellency
Edmund Randolph,
Governour of Virginia.
copy.
(Signed)
Test.
Samuel Coleman, A. C. C.
[Enclosed
A copy
Ohio,
4,
in
the preceding.]
to his friend
in
New
falls
of
1786.
Dear
sir,
Politicks,
term of tweniy-five years, has given this western country a universal shock, and struck its inhabitants with
an amazement.
Our foundation
is
affected
it is
there-
apply a remedy.
To
sell us,
to
is
The parliamentary
acts
grievance not
to
be borne.
To
effects
down
FOREIGN AFFAIRS.
1787.]
32t
upon
our understanding.
We know
is
by
an
in-
woful
to sell at a price
themselves
to lose the
all their
adventurers
market
first
is
is
very great,
so very
yet the
tity of
ihe
immense weight of
and
fertile
to convey
country, and the Spanish ships be unable
to
maiket,
VOL. IV.
41
it
SECRET JOURNAL.
322
[April 13,
Do yoa think to prevent the emigration from a barren country loaded with taxes and
impoverished with
debts, to
world
the
Vain
is
fertile
in
soil
presumptuous
the
the sup-
You may
This
is
be made by
art.
summer and
support millions of
is
also a fine
to the
Egyptians
Shall
so vile a subject.
so
who could be
think,
country
those
this
all
mean
is
free
and freemen
Human
will
na-
despise
as to even
contemplate on
FOREIGN AFFAIRS.
1787.]
Our
situation
is
as bad as
it
3'
be manly,
We can
eligible and
must
just.
We
have taken
all
vided they
are
now making
here
Mississippi.
(if
down
necessary)
it.
settlements, at the
case
we
Preparations
to drive the
Spa-
mouth of the
succoured by the United States (if we need it) our allegiance will be thrown off, and some other power
arms
to.
applied
to receive
your boasted greatness." The province of Canada and the inhabitants of these waters, of themselves,
all
if
blame yourselves
not,
copy.
Test.
The
commands of
honour
to lay before
after
SECRET JOURNAL.
334
mentioned
to the
end
that the
United States
(April 13,
in
Con-
information
No.
1.
may
justify.
letter of the
Thomas Amis
to the
The
3.
doposition of
certificate of the
who
officer
Thomas Amis.
merchandise from the Spanish
To
per
this
representative of Davidson county, in the general assembly of North Carolina, directed to the honourable
WM. BLOUNT.
BENJAMIN HAWKINS.
JOHN B. ASHE.
(Signed)
No.
1.
am
on
SIR,
Mississippi, which
."il^
FOREIGN AFFAIRS.
1787.]
and
325
interest, as
Ar
you
to particulars,
I refer
you to my friend, colonel Bledsoe, with whom I
have travelled from Kentucky. 1 send the enclosed, in
down
am
me
to stay
one hour.
THOMAS
(Signed)
&:c.
AMIS.
No.
2.
This day, Thomas Amis personally appeared before me, a justice of the peace for Davidson county,
Spanish
for the
SECRET JOURNAL.'
328
[April 13,
THOMAS
Sworn
to this
AMIS.
Daniel Smith.
No.
3.
pubHck
store at
11.
53 Pots and
kettles,
34
2.
Skillets,
in
33 Cast boxes,
3 Pair
dog
irons,
Pair
Spice mortar,
flat irons,
1.
1.
1
Plough mould,
50 Barrels flour.
No.
4.
TRANSLATION.
Don
mandant
civil
and military
its
district, &:c.
desire
to pass un-
FOREIGN AFFAIRS.
1787.J
327
has,
while his
Given under
(Signed)
my hand
this
man
CHARLES DE GRAND
Translated by
Stephen Minor.
No.
stay-
of the
PRI.
5.
Jln Extract.
Fayelteville,
You
told us,
December
29, 1786.
Our people
and
advice
are still
on
your predictions
relying
continue
so
But how long they may
you will
patient.
differences that might subsist between us.
probably be able to judge when you shall have received some propositions which will be made to you. Mr.
Amis whom you know, has been on a losing voyage
down
and
the Mississippi
will lay
first
determined
to re-
but
taliate, be the consequence ever so hazardous
the wise ones persuaded them not to imitate their
;
friends of Kentucky,
and
to
some
advice could
wq
will write
more
fully
to
you
SECRET JOURNAL.
328
[April 13,
to colonel
Blount respecting
his
lands
and we count
Hawkins
to the printers at
in print
appear
Richmond
it.
way
if it
should
Pray write to
Pilt and
of fort
With
ness,
sincere desire for your welfare and happihave the honour to be, in behalf of all represen-
tatives,
P. S.
Warren.
letter
of
rejjort re-
to
constituents.
all
if
things
let loose,
that
can
with
The
and
on
^^>-
Mr. King,
Mr. Dane,
No.
^I
and
FOREIGN AFFAIRS.
1787.]
Rhode
Island,
Connecticut,
New
York,
Pennsylvania,
Delaware,
Virginia,
Mr, Varnum,
Mr. Arnold,
3^9
Ay.
Ay.
No.
No.
Mitchell,
Mr. Johnson,
Mr.S.M.
Mr. Smith,
Mr. Benson,
Mr.
Mr.
Mr.
No.
No.
^^''*
St. Clair,
Pettit,
Irvine,
Mr. Kearny,
^^'
Ay.X
^ *
SECRET JOURNAL.
330
[April 13,
of
ihe
with
papers
mentioned
to
have
been enclosed
it.
We
little
Not only
pledged by that treaty.
the obvious dictates of religion, morality and nation"',
the publick
failh
mand
first
fairly
is
our duty
they ought
to
to
Our
made.
national
management
of
and powers,
the rights which
foreign states
all
by the laws
And
it
is
the essential
interests
its
members may
and vested
in
us
power
of determin-
FOREIGN AFFAIRS.
J7C7.J
331
When
therefore a
treaty
is
constitutionally
made,
laws of the land, without the intervention of state legisTreaties derive their obligation from being
latures.
compacts between the sovereign of this and the sovewhereas laws or statutes
reign of another nation
;
derive their force from being acts of a legislature comHence it is clear, that
petent to the passing of them.
treaties
every member
of the nation
not competent to the making of such compacts or treaties, so neither are they competent, in that capacity,
authoritatively to decide on
When
tion
improper
for the
by explanatory or
remove those doubts. But the
slate legislatures
acts
to
declaratory
case between laws and compacts or treaties is in this
for when doubts arise respecting the
widely difterent
;
assembled have
For
no authority to
the legislature
only which constitutionally passes a law has power to
settle
revise and
parties
to
amend
it,
as
who
are
by mutual consent
SECRET JOURNAL.
SJ2
meaning of
tjuestions
and are
to
first
[April 13,
in
the
which they
arise,
for
From
Hand
ii
<
and courts
this
shall under-
It is
evident that
ommon and
subicct, but
tills
];ractice than
tiie
established
same
would f)rove no
article of the
mean one
i'ling
New
in
inconvenient
treaty might
by law be
thing in
Georgia.
legislative
acts
son
in
to
in
them
same
ideas relative to
less
irrational in theory
it is
made
(f
maxims and
Certain however
to discuss.
it
is,
state
to
passing
have occa-
annot
nations.
But
iice
i
if
treaties
and ought
to
idividual states
iitid
reject others
to interpret
ilicm
and every
and
if
be apparent
still
the im*
FOREIGN AFFAIRS.
1787.]
333
When
bled
it is
their
by
to
this or that
state legislature
may think expedient to
and
that
too
without
the
consent of either of
make,
the parties to
that
it;
the consent of
in
is,
who
all
collectively
are parties (o this treaty on the one side, and his Britannick majesty on the other.
Were the legislatures
to possess
and
to
be involved as a nation
we should soon
in
Instances
treaties.
treaties fully
executed
in
one
being executed
in
one manner
in
all, in
one
would then
and
state,
same
state,
arti-
and
another state.
in
Flis-
tory furnishes
with treaties
like
contracts
belween
sword
in the
not compel
Honest nations
it.
no constraint
do justice
like
in the other,
honest
men
did
require
and
that esteem,
SECRET JOURNAL.
33^1
iiifinilely
all
the
[April 13^
momentary advan-
like indi-
But
is
it
their people to
appeals, unless
afibrds
it
come
to the
"
any part
'
"
"
"
''
it,
restraining,
ing or in any
racling the
for that
ratified
and
in-
"
ed Slates, which cannot by all or any of them be altered or changed, all state acts establishing provisions
relative
to the
with
it,
usl
FOREIGN AFFAIRS.
1737.]
exist, but
335
we do
not think
make them
severally the
subjects of discussion,
it
to
[t
scrupulous
regard
all
Wc
to
in its
operation and
interposed by state
to act with the most
ob:<tacles
mean
justice
"
solved, that
all
" now
existing
"
of
in
treaty
peace, ought to be forthwith repealed, as
" well to
prevent their continuing to be regarded as
" violations of that
as to avoid the
treaty,
disagreeable
might otherwise be of raising and
"
necessity there
"
"
gation."
think
exist,
we
We
'
"
"
"
"
solved, that
to
it
imke such
be recommended
ing the said acts, and for that purpose to pass an act
declaring
in
parts of acts
the
repugnant
" tween the United States
and
all
his Britannick
majesty.
SECRET JOURNAL.
33JL.
[AprU13,
" or
any article thereof, shall be and thereby are re'
pealed and that the courts of law and equity in all
" cases and
questions cognizable by them respective"
and
ly,
arising from or touching the said treaty, shall
" decide and
adjudge according to the true intent and
"
meaning of the same, any thing in the said acts or
"
parts of acts to the contrary thereof in any wise
;
"'
notwithstanding,"
Such laws would answer every purpose and "^^ easily
formed the more they were of the like tenor
through;
the
better.
recite
that.
Whereas
in
and com-
been drawn
into question,
under that treaty greatly affected: and whereas justice to Great Britain as well as regard to the honour
and
interests of the
that the
construed
effectually
Be
to
removed
this
stale,
be
Therefore,
enacted by
and it is
the
that such
the
of
enacted
same,
by
authority
hereby
it
of the acts or
state as are
the
Hi
FOREIGN AFFAIRS.
1787.]
007
State
all
withstanding.
Such
a general law
to
one that should minutely enumerate the acts and clauses intended to be repealed; because omissions might
proper
department, viz. the judicial ; and the courts of law will
find no difficulty in deciding whether any particular
act or clause is or is not contrary to the treaty.
Be-
tation, there
is
Be
pleased,
to these as
sir, to
they
will
concur with us
in
We
flatter
opinion, that
ourselves
candour and
they are to
is
fairly
VOL. IV.
to correct
43
them.
It
certainly
is
time
SECRET JOURNAL.
338
that
all
finally
[April 20,
still
why
settled.
The
his Britannick
ration
By order
of Congress.
Presidetrt.
APRIL
A
20,
1787.
Madrid,
for
referred to the
affairs,
who
re-
The
secretary of the
ment of foreign
made
affairs, to
by
FOREIGN AFFAIRS;
n37.]
339
"
viz.
*'
*'
and
"
make such
to
representations,
will
be most likely
"
gate the Mississippi below the same, and to enter
" into such commercial
stipulations with the United
"
States, as may most effectually guard against a rup*'
tare
of the subsisting
" mutual
"
"
affairs
to be given
"
"
in the mode of
conducting the
with
his
court
:"
reports,
negotiations
tive to this
The
change
first
Whether
it
^
Spanish negotiation from New York to Madrid.
It is generally, and with reason, held to be more
honourable
ambassadors
to
own
SECRET JOURNAL.
i4
It is
also,
more advantageous
tant country
[April 20,
to negotiate at
because
in the latter
and be-
and being
cause the distance prevents
directed by his sovereign on unexpected occasions and
events as they rise, and which sometimes require imhis consulting
mediate decision.
One
of them
is
state
in
his opinion
be
the change.
meliorated by
The other reason
tiation.
With
is,
if
but
nego-
it
any of
the difficulties,
and retard
questions, or embarrassments which perplex
it
at
New
The
York.
to the
FOREIGN AFFAIRS.
1787.]
341
Why
ginated in other than the avowed inducements.
should Congress forego the honour and convenience
of treating with us at
own
him
home
If
well
If
way of changing
has it happened that no sympwith
it have
appeared ? On the contrary, we are
why
ours, how
negotiator,
toms of
this circuitous
informed that he
esteemed
afid
respected in
As to the differences between us, how are
America.
is
they diminished by
a design to gain
time,
the same
question
in
is.
The
Whether
it
is
only
most
main sub
rosa.
How
design of such a measure would strike him, your secIt is, however, natural to
retary can only conjecture.
he
that
would
take
no pains to prevent its
suppose,
abortive
and
that
his
;
proving
representations of it to
his court
to give
it
welcome
it.
SECRET JOURNAL.
a42
When
[April 26,
is
him
rize
to enter into
other topicks he
is
to
commercial stipulations.
make
On
the
urge such
impress on the
representations^ to
to
negotiations as will be most likely
court the friendly disposition of the United States,
and
to induce
word
it
that gives
those points.
to
make
concessions,
him power
Perhaps
this
(Src.
may
but not a
a treaty
to conclude
only be an
on
inadver-
gives much
inaccuracy
above
the
inferences
to
colour
suggested.
All these considerations and circumstances comin
tent
the motion
if
not,
it
bined, induce your secretary to think it highly probable that his catholick majesty will not consent to
that his opinion of the candour of the
treat at Madrid
;
United States
question
will
and that he
and
to insist
it.
Congress should, notwithstanding, think it expedient to transfer the negotiation to Madrid, your secreIf
and
in that
zeal do whatever
the success of
it.
to
promote
FOREIGN AFFAIRS.
1187.J
MAY
Congress proceeded
3,
to
'343
1787.
of
the consideration
thie
department
his letter of
8th
report of the
December
excellency the
President, with two commissions from his Britannick
last, to
his
majesty, dated the 5th day of April, 1786, the one constituting Phineas Bond, esquire, his consul for New
York,
New
land,
the other
missary
States
agreed
for
commercial
affairs
the
throughout
com-
United
New
between
his
and particularly as
amicable negotiations are now pending between them
Resolved, That the said Phineas Bond, esquire, be
;
and he hereby
received and recognised as the consul of his Britannick majesty, throughout the sla!es of
is
SECRET JOURNAL.
344
[May 3,
New
said Phineas
mentioned, and that certified copies of these resolutions be transmitted to the executives of the said five
states for their information.
The
Mr. Adams
SIR,
In
has presented to Congress a commission from his Britannick majesty constituting him commissary for all
commercial
within
affairs
the
United
States,
New York,
ware and Maryland.
states of
New
and
for the
this
have a
-of the
other.
to
riGfhl
O
FOREIGN AFFAIRS.
1787.]
345
commercial
affairs
it
most prudent
shall
as
lest,
those appointments
both parties
may
and
delicate subjects.
You
in this instance
promote and establish a friendly and satistwo counfactory commercial intercourse between the
tend
to
tries.
MAY
A
letter
U,
be referred to the
take order.
1787.
VOL. jv.
44
SECRET JOURNAL.
346
[May
11,
the free navigation of the Mississippi should be relinquished or impaired, nor to give up any right of territory
comprehended
Britain
in the treaty of
That
And on
Mr. Gorham,
Mr. King,
Mr. Dane,
No.J^No.
New
York,
Mr. Smith,
Mr. Benson,
No.
No.
New
Jersey,
Mr. Clarke,
Mr. Scheurman,
Ay.
Ay.
P^ennsylvania,
Delaware,
Mr. Mitchell,
Mr. Kearny,
Maryland,
Mr. Ross,
Mr. Ramsay,
Virginia,
Mr. Grayson,
Mr. Carrington,
Mr. Lee,
'
No.
>
FOREIGN AFFAIRS.
8787.]
North Carolina,
South Carolina,
Georgia,
So
the question
347
Mr. Blount,
Mr. Ashe,
Ay.
Mr, Huger,
Ay.
>x
Mr. Few,
Mr. Pierce,
was
lost,
V.
out.
Massachusetts,
Mr. Gorham,
Mr. King,
Mr. Dane,
No.>
No.> No.
No.>
Rhode
Mr. Arnold,
Ay.
Island,
New
York,
Mr. Smith,
Mr. Benson,
New
Jersey,
Mr. Clarke,
Mr, Scheurman,
yx
Pennsylvania,
Delaware,
Mr. Mitchell,
Mr. Kearny,
Ay.) Ay,
Mr. Ross,
Mr. Ramsay,
No.)
Maryland,
Ay.
NoA
No.
SECRET JOURNAL.
348
Mr. Grayson,
Mr. Carrington,
Mr. Lee,
Virginia,
North Carolina,
Mr. Blount,
Mr. Ashe,
South Carolina,
Mr. Huger,
Georgia,
Mr. Few,
Mr. Pierce,
lost.
JULY
On
a report of the
for the
[Jtily 18,
18,
1787.
department of foreign
affairs,
to
whom was
giers
and also a
letter
em-
usually
pay
in like
Resolved, That
cases.
they
Europe.
credit
FOREIGN AFFAIRS.
1787.]
On
349
for the department of foreign affairs, to whom was referred a treaty lately concluded with (he emperor of
Morocco, Congress ratified the said treaty in the man-
The United
bled
To
who
shall
see
these
presents,
Greeting.
States of
America
in
Congress
commerce,
treaty, and
it
to the
to
to
United States
and by one other commission bearing date the eleventh day of March, one thousand seven hundred and eighty-five, did further empower the
final ratification
by
the said
pro-
SECRET JOURNAL.
350
ministers
[July 18,
mas
Jefferson, two of the said ministers plenipotentiary (the said Benjamin Franklin being absent) by writ"
ing under the hand and seal of the said John Adams,
London, October the fifth, one thousand seven hundred and eighty-five, and of the said Thomas Jefferson,
at
at Paris,
in
the said
Thomas
Barclay,
emperor of Morocco
in
which
Arabic language, confirmed by his said majesty the emperor of Morocco, and sealed with his royal seal, being translated into the language of the said United
States of America, together with the attestations thereto
annexed, are
IN
in the
main permanent.
FOREIGN AFFAIRS.
1787,]
ARTICLE
We declare
351
I.
Thomas
and who
is
us concerning
ARTICLE
If either
II.
ARTICLE
III.
tion whatever,
tion,
and there
be
at
owners.
with
And
whom
if
to
any nation,
SECRET JOURNAL.
352
ARTICLE
[July 1,
IV.
ing to both
ARTICLE V.
If either
meet a vessel
that
by
an examination
if
is to
any gun
shall be fired
be made,
make good
ARTICLE
any Moor
States, or their
shall
shall
all
and
his
to
manner,
and
if
VI.
bring citizens of
effects,
in like
done
damages.
majesty,
if
United
the
the
stored
into
shall be
If
it
citizens
effects re-
make
prize of any
of the
be im-
FOREIGN AFFAIRS.
1787.]
ARTICLE
35$
VII.
any interrup-
tion or molestation.
ARTICLE
If
VIII.
shall
meet with a
ARTICLE
If
IX.
shall
be cast on
disposition
if
of the owners,
shall be forced to
remain
proper
in tratiquillity, until
to
proceed on
his
the
commander shall
think
voyage.
ARTICLE X.
If
4.5
shall
to
have an
any of the
354
SECRET JOURNAL.
christian powers,
so engaged
shall
[July 18,
be defended and
is
And
on shore on
if
the coast of
by
in safety.
ple belonging
until,
shall be cast
to
the help of
the peo-
her shall be
God, they
shall
be sent to their
country.
ARTICLE
we
If
shall
XI,
sels
no vessel belonging
to the
shall
follow
twenty-four hours after the departure of our vesand the same regulation shall be observed to-
be
sailing from our ports,
their
ARTICLE
If
enemy
XII.
to
the
United States
shall put into any of our ports, she shall not be examined
on any pretence whatever, even though she should have
for
FOREIGN AFFAIR?.
1787.]
ARTICLE
If a ship of
war of
XIII.
355
shall
it
less.
ARTICLE XIV.
The commerce
the
same
and
moot
with the
footing as
is
the
or as
have
full
liberty
to
without interruption.
seaports whenever they please,
ARTICLE XV.
mander of
shall
think
No com-
proper.
another vessel
ger than he
may
think proper
and
all
in
port lon-
persons em-
ARTICLE XVI.
In case of a
are not to be
made
slaves,
SECRET JOURNAL.
[July 18^
private
person wanting.
shall be
And
in
exchanged
taken, and
their being
is
it
agreed that all prisoners
twelve months from the time of
that
this
exchange may be
ef-
by
ARTICLE XVII.
ARTICLE XVIII.
All goods shall be weighed and examined before
board ; and to avoid all detention of
they are sent on
no examination shall afterwards be made, unless it shall first be proved that contraband goods have
been sent on board, in which case the persons who
took the contraband goods on board shall be punished
and custom of the country, and
according to the usage
no other person whatever shall be injured, nor shall
the ship or cargo incur any penalty or damage what\'essels,
ever.
FOREIGN AFFAIRS.
J787.]
357
ARTICLE XIX.
No vessel
at full liberty to
agree for the freight of
any goods he
takes on board.
ARTICLE XX.
If
any of the
any
it
sions,
shall be
immediately granted
to
him.
ARTICLE XXI.
If a citizen of the
a Moor, or on
wound
the contrary,
if a
Moor
kill
or
shall
wound
kill
or
country shall take place, and equal justice shall be rendered, the consul assisting at the trial ; and if any delinquent shall
answerable
make
for
him
be
ARTICLE XXIL.
If
KG
an American citizen
shall die in
SECRET JOURNAL.
358
of his effects
and
if
[July 18,
shall
ARTICLE
The
XXIII.
lion enjoy
States
and
shall
the consul
if
contract
siuill
any
debts
not be in any
or
ol'
the
engagements,
manner accouulable
payment or
mise
in writing
shall
be made.
no application
Cnited
to
him
for
in
for
writing
which pro-
any redress
ARTICLE XXIV.
any differences shall arise by either party Infringon
any of the articles of this treaty, peace and
ing
harmony shall remain notwithstanding in the fullest
If
be made
for
an
FOREIGN AFFAIRS.
1787.]
be granted
pose of
And
it
to all
whatever indulgence
their
is
359
and
effects
in trade or
to
any of the
be equally entitled
them.
to
ARTICLE XXV.
This treaty shall continue
of
God,
We
in full
have delivered
beforementioned
the blessed
this
Thomas
book
into the
Barclay, on the
month of Ramadan,
in the
hands of the
first
day of
annexed
is
a true
made by
lation
THOMAS BARCLAY.
(Signed)
ADDITIONAL ARTICLE.
Grace
I,
to the only
God.
God, Taher Ben
that his imperial ma-
Abdclkack Tennish, do
jesty,
my
cluded
certify,
master (whom
a treaty of
complete
it,
and
in
treaty, to declare,
"
if
to the
SECRET JOURNAL.
360
in
[July IS,
ma-
his
" shall be
protected as much as possible ; and no ves" sel
whatever, belonging either to Moorish or chris" tian
powers, with whom the United States may be at
"
war, shall be permitted to follow or engage her, as
" we now deem the citizens of America our
good
" friends."
And,
tify
obedience to his majesty's commands, I cerdeclaration, by putting my hand and seal to it,
in
this
The
in the
(Signed)
servant of the king
my
year 1200.
master,
whom God
preserve.
translation
made
at
is
And whereas
his majesty.
THOMAS BARCLAY.
the said
Jef-
writing
Thomas
Jefferson, on the
first
FOREIGN AFFAIRS.
1787.]
361
said treaty, and every article and clause therein contained ; reserving the same nevertheless to the United
in
and every
article
In testimony whereof
hereunto affixed.
St. Clair,
this
Witness
New
be
seal to
his excellency
Arthur
York,
independence.
Ordered, That the secretary for foreign affairs prepare the draft of a letter of thanks to his catholick
majesty for his good offices in promoting a treaty between the United States of America and the emperor
of Morocco.
accompany
letter to the
emperor
of Morocco,
ma-
jesty.
to
Resolved, That the honourable T. Jefferson, esquire, the minister of the United States at the court of
Versailles,
be and he
such measures as he
(deeming the
is
American captives
VOL. IV.
46
at
Algiers
and
at
any
SECRET JOURNAL.
3ft?
[July 20,
for
Europe.
JULY
Oti
the
Kean, Mr.
20, 1787.
to
whom was
for
removing
all
cause of com-
the fourth
plaint relative to the infraction of
articles of the treaty of
peace
and sixth
March
is
and
that he also
endeavour
to obtain
an article to
fix
FOREIGN AFFAIRS.
1787.]
the true
construction of the
hostilities,
and
Resolved, That
is
declaration for
to stipulate that
363
ceasing
compensation be made
it.
accommodate every
to
Congress
that
it
fairly to discuss
will
and
may
them, they
flatter
which they have taken measures to remove these comin the purity
plaints will create in him a full confidence
of their intentions:
and
that
and confide
motion was
"And
payment
" surrender of
for the
all the
"formal notice
shall
all
the
SECRET JOURNAL.
$S4
[July 20,
"
And on
Mr. Holten,
Mr. Dane,
No.
No.
>
TVT
N-
New
York,
Mr. Smith,
Mr. Ha ring,
Mr. Yates,
New
Jersey,
Mr. Clarke,
Mr. Scheurman,
No.
No.
No.
Pennsylvania,
No.
No.
No.
Delaware,
Mr. Kearny,
Mr. Mitchell,
No.
^I
Mr. Gravson,
Mr. R. U. Lee,
Mr. Carrington,
Ay.)
North Carolina,
Mr. Blount,
Mr. Hawkins,
No.
No.
South Carolina,
Mr. Kean,
Mr. Huger,
No.)
Mr. Few,
Mr. Pierce,
No.
No.
Virginia,
Georgia,
Ay.
No.
No.
>
Ay.
No.
T^
^-
No.
FOREIGN AFFAIRS.
178?.]
So
it
passed
in the
365
words were
struck out.
JULY
On
23,
to
amendment
the
1787.
gress agreed
Morocco
as
Con-
emperor of
We
letter
first
of
We
and ordering
fulfilled
by
all
it
to
it
by ratifying, and pubbe faithfully observed and
our citizens.
flatter
ourselves
that the
commerce
of these
distant
Your majesty's
new and
you received
SECRET JOURNAL.
366
[July 23,
Strong
which
will
will
and distant
states.
at the city of
July,
in
our histories.
in
tViends,
pray
God
to bless
you.
New
The
secretary having further reported, that from paper No. 5, being a translation of a letter from the emf)eror of Morocco to the king of Spain, and from Mr.
majesty has
ner
interposed his
States of
in the
good
America with
offices in
the
effectual
man-
1787.]
FOREIGN AFFAIRS.
that to this
be ascribed
367
is in
a great
degree to
Thereupon,
casions, and
effectual
particularly
manner
in
with
his
and promoted
a treaty of peace and commerce
imperial majesty
and
kind
the decided,
in
which he
facilitated
of Morocco,
emperor
in
as
well by
their favour,
as
by
affording such collateral countenance and aid as circumstances rendered expedient, and his desire of promoting the success of the negotiation prompted.
they be conveyed
his catholick
in a letter
that
majesty
from Congress, expressthe most explicit terms,
;
may put
high respect, esteem and attachment with which such
repeated marks of his friendship have impressed them.
That the letter be in the following terms
:
empe-
SECRET JOURNAL.
368
we
[July 23,
Permit
us, therefore,
to present
to
have impressed
We
us.
pray God
Done by
to
at the city of
New
Congress assembled,
York, the twenty-third day of
The
approbation ot
Congress Thereupon,
Resolved, That Congress are well pleased with the
conduct of Thomas Barclay, esquire, in the course of
:
resented
majesty of Morocco, as detailed arid repand other letters and papers transmit-
in his
ted to them.
FOREIGN AFFAIRS
1787.]
369
The
to this part
of the
may
may
6,
be
to take
order thereon.
The
per No.
of Congress shall
made
and
to
to
that they
gier
The
VOL. IV.
47
SECRET JOURNAL.
3lf0
his imperial
warded
to
instructions
it
the emperor.
to
it
it
That he
of France, because he
the
way
by
may thence be conveyed
prefers sending
thinks
[July 23,
it
it
That
to instruct
in his
opinion
it
to
Morocco
that
may
affect
the
interest of the
United
That
it
owing
material
to a friendly observation
That
in
his opinion
preacher.
but the most certain
itself,
article in
way
made by
the emperor's
write a letter to
Taher Tennish,
letting
liberality
FOREIGN AFFAIRS.
1787.]
Ordered, That
371
JULY
The
1787.
24,
secretary of the United Stales for the departthe letforeign affairs, to whom were referred
ment of
ters of
November,
the care of
it
formal order.
tated
either
by a
want of consideration
of constancy to adhere
in
to them,
opinion
it
sold, as
well
for the
if in
order
it
to
be
unseasonable at present
United States intended
minister there
to
in future,
either
or as
if
to
have no resident
would be advisable
to
put Mr.
Dumas
SECRET JOURNAL.
372
[July 2r,
it
be
will
and reside
Hague
in
until
Dumas be
minister
permitted to occupy
shall
further order of
the
Congress :
And that Mr. Adams do direct such repairs to be made
at the expense of the United States to the said house
as
maybe really
The secretary
necessary to render
it
enantable.
having farther reported, That the repeated mention which Mr. Dumas makes of his accounts, and of the arrearages due to him, induces him
to take the liberty of
hinting whether it would not be
best to direct that his accounts be settled, and that his
JULY
A
27,
1787.
Mr. Kean,
to
now
at
to
go
to
war
That
it
be an
article
in the said
confederation,
with any
of the said
piratical
states
make peace
in
which the
FOREIGN AFFAIRS.
1787.]
whole confederacy
shall
373
not be included
and
in
case
That there be an
ed.
until the
men and
ral
desired
in
is effect-
shipping, ascertaining
command
end
such manner as
They
object
at
and
may
the
that
And on
Massachusetts,
Rhode
Island,
Mr. Holten,
Mr. Dane,
and nays
^^^'^Av
Ay.
Mr. Varnum,
New
York,
Mr. Smith,
Mr. Ha ring,
Mr. Yates,
New
Jersey,
Mr. Clark,
Mr. Scheurman,
No.
No.
Ay.
Ay.
Mr. Kearny,
Mr. Mitchell,
Ay. >
Ay. 5^^'
Pennsylvania,
Delaware,
No.
)
5
.
SECRET JOURNAL.
^4
[Jrfy 27,
Mr. Grayson,
Mr. R. H. Lee,
Mr. Carrington,
Virginia,
Mr. Blount,
Mr. Hawkins,
Ay.
Ay.
South Carolina,
Mr. Kean,
Ay.
^x
Georgia,
Mr. Few,
Mr. Pierce,
Ay
Ay.
North Carolina,
So
was resolved
it
The
as follows
Oi'iice for
j^^
Ay
the affirmative.
secretary for
Congress
in
Foreign
Affairs,
SIR,
have the honour of transmitting to yonr excellency herewith enclosed, a letter of 23d instant from the
I
ffovernour of
Rhode
me
number of
with
it.
As
cial inquiry,
that
the cause
I
me
to
the
admiralty
in
Congress can
direct
is
at
FOREIGN AFFAIRS.
1787.]
S75
in their officers
the
well as
as
sentiments
commerce of
companying
it,
letter,
ment of foreign
whom was
to
affairs,
referred a letter
Mr. Jeffer-
That he presuines
letter
the following
gave occasion to
in this
paragraph
its
"
to the
to
have struck.
Per-
haps they might be willing to deposit one of each person in every college of the United States.
Perhaps
they might choose to give a series of them to each of
the crowned heads in Europe, which would be an ac-
decide.
and
shall retain
as to this
mean
it
till
They
will
be pleased to
tinie
be finished."
to
be struck
in
or-
der to signalize and commemorate certain interesting events and conspicuous characters, the distribution
of
them should
in
his
opinion be
such
as
SECRET JOURNAL.
376
may
[July 27,
He
end.
therefore thinks
ed
to
one of each
set be dejjosited in
He
colleges.
mean
that
compliment,
for
to
to
make
would
discriminations
each denomination to every monarch, (except his Britannick majesty,) and to every sovereign and indepen-
emperor of Morocco.
send
fifteen silver
in
medals of each
set to
Congress,
to
be
by them presented to the thirteen United States respecand also to the emperor of China, with an extively
;
That he
and one
to
general Washington.
medal
Europe
and also
to
it
set,
to-
would be pro-
present one
to
FOREIGN AFFAIRS.
1787.]
can army
posited
371
and that the residue, with the dies, be desecretary's office of the United States,
in the
orders as Congress
subject to such future
think
may
might he more
them. It
proper to make respecting
to give golden medals to sovereigns, silver
magnificent
ones to distinguished persons, and copper to the colbut in his opinion the nature of the Ameleges, &c.
;
will
take order.
secretary for foreign aflfairs to
The secretary of the United States for the depart-
"
will
*'
" to the
convention, or to the scheme
"difficult
"
may
to
but
it
is
too
be room
*'
but
if
tittle
insist
on
from
it,
it.
If
they recollect
it;
" are
willing to reconsider the whole subject, perhaps
" we
may get rid of something the more of it. As the
"
delay is not injurious to us, because the convention^
VOL, IV.
48
:,
SECRET JOURNAL.
378
'
"
*'
"
we
are in now,
answer
to
this.
The
to put us in a
shall venture
is
[July 27,
defer
till
full
worse
to
"
France,
"
by their aid
"
hand, of which
if
may recover
a dislocation
the use of
my
right
" threatens to
deprive me in
"
I shall
surgeons have long insisted on this measure.
" return
Nantes
to
and
L'Orient
Bourdeaux,
by
get
" the
necessary information for finishing our com" mercial
regulations here. Permit me however to ask,
" as
immediately as possible, an answer either affir" mative or
negative, as Congress shall think best :"
having reporte'.^
escape
their
that the
recollection.
He
nevertheless
it
will
thinks
cannot without risk and hazard be neglected or controlled will induce them at least to consent to the
proposed
vention.
And
as he perceives
no inconvenience likely
from giving Mr. Jefferson a commission, authorizing him in general terms to negotiate and conclude a convention with his most christian majesty for
to result
FOREIGN AFFAIRS.
1787.]
S7!)
passed)
may
be attainable
of what has
Whereupon,
be sent
We
to
Mr. Jefferson,
viz.
America
sembled,
of
at the city
in
Congress
New York To
as-
our well
Being desirous to promote and facilitate the cotnmerce between our states and the dominioras of his
said majesty,
and
him a convention
for that
purpose
to
conclude with
powers
and duties of our respective consuls, vice consuls,
and having full confidence
agents and commissaries
;
in
your
abilities
and
integrity.
We
do by these pre-
authorize and
Jefferson,
same
seal:
in
in
by you
so concluded
in virtue of this
;
commission be
SECRET JOURNAL.
JJ80
same be
limited
to
[July 27,
years.
Witness our seal and the signature of his excellency Arthur St. Clair, our President, this twentyseventh day of July, in the year of our Lord, one
thousand seven hundred and eighty-seven, and of
our independence, the twelfth.
letters
be written
to
SIR,
They
the
may
that or
require.
It is
may
be immediately directed
sub-
ject.
to the
abovementioned
however apparently
useful in theory,
of
this
may
nature,
from some
inconveniences
they think
it
years.
They
also think
it
FOREIGN AFFAIRS.
1787.]
381
enclose.
SIR,
You
will
your
letter
commission mentioned
in it.
will admit,
and the
How
may be
far
it
in
your power to obtain a convention perfectly unexceptionable, must depend on several circumstances not
yet decided.
not liable to
is
in part
concluded
serted.
AUGUST
The
1,
1787.
secretary of the United Slates for the departforeign affairs, to whom were referred two
ment of
letters
SECRET JOURNAL.
382
[Aug.
1,
"anytime
"
"
America
at
"
"and
of the
affairs
of the
American legation
at the court of
" the
present minister
" minister to succeed
to the
"
Congress
On
:"
Rhode
Island,
Mj-.
Dane
Mr. Holten,
Blr. Dane,
Mr. Varnum,
New
York,
Mr. Ha ring,
Mr. Yates,
New
Jersey,
Mr. Clarke,
Mr. Scheurman,
Pennsylvania,
Delaware,
Mr. Kearny,
Mr. Mitchell,
Ay.
No. )>X
MVIDED.
No." \
O"""^"-
FOREIGN AFFAIRS.
J787.]
Virginia,
North Carolina,
South Carolina,
Georgia,
Mr. Grayson,
Mr. R. H. Lee,
Mr. Carrington,
No.
^
Ay. \ No.
No. )
Mr. Blount,
Mr. Hawkins,
No.
No.
Mr. Kean,
Mr. Huger,
Ay.
No.
Mr. Few,
Mr. Pierce,
No.
No.
>
The
383
^^^^^^^^
n^r
^^*
5
lost.
Massachusetts,
SECRET JOURNAL.
304
North Carolina,
South Carolina,
'
Georgia,
So
the question
Mr. Blount,
Mr. Hawkins,
Ay.
Ay.
Mr. Kean,
Mr. Huger,
No.
Mr. Few,
Mr. Pierce,
Ay.
Ay.
was
>
^^^
Divided.
;:^'
Ay,
lost.
SEPTEMBER
*
[Sept. 24,
24,
1787.
The
secretary of the United States for the department of foreign affairs, to whom were referred two let-
ters
last,
1.
his
Shall Mr.
commission
Adams
February, 1788?
And having on
Mr. Adams
to the court of
London,
viz.
the 24th
Whereupon,
Resolved, That the honourable John Adams,
spring
the
States at the
and
that his
to their
high
removed.
and
to
be
FOREIGN AFFAIRS.
nsx]
The
resolution
S8
Massachusetts,
Mr. Gorham,
Mr. King,
Mr. Dane,
Connecticut,
Mr. Johnson,
Mr. Cook,
New
York,
Mr. Smith,
Mr. Haring,
Mr. Yates,
New
Jersey,
Mr. Cadvvallader,
Mr. Clarke,
Mr. Scheurman,
Ay.^
No.> No.
No.^
Mr. Kearny,
Mr. Mitchell,
Ay.
Ay.
Mr. Ross,
Ay. )>x
Pennsylvania,
Delaware,
Maryland,
VOL. IV.
49
No. 3
Ay
Ay.
Ay.J
)
^^'
SECRET JOURNAL.
386
Mr.
Mr.
Mr.
Mr.
Virginia.
Grayson,
R. H. Lee,
[Sept. 24,
Carrington,
No.
No. f
n. Lee,
Ay.J
j3 IVIDED.
^
North Carolina,
Mr. Blount,
Mr. Burton,
^yAy.
South Carolina,
Mr. Kean,
Mr. Huger,
Mr. Butler,
Ay.
Ay. y Ay.
No.
Mr. Few,
Mr. Pierce,
Ay.
Georgia,
agree to the
first
for;
A^'
1
I
]
5
Ay
^^
Ay.
" him"
clause as far as the word
KingMassachusetts,
Connecticut,
New
York,
New
Jersey,
Pennsylvania,
Mr. Gorham,
Mr. King,
Mr. Dane,
Mr. Johnson,
Mr. Cook,
Ay.
A^* \ Ay.
Ay.
Mr. Smith,
Mr. Flaring,
Mr. Yates,
Mr. Cadwallader,
Mr. Clarke,
Mr. Scheurman,
No.^
Ay.^
No.
Ay.
>
Ay.
Ay.)
i-^^^
No.
No. J
Delaware,
Mr. Kearny,
Mr. Mitchell,
Maryland,
Mr. Ross,
Virginia,
Mr.
Mr.
Mr.
Mr.
No.^
.^* >DlVIDED.
Ay. f
H. Lee,
No.j
South Carolina,
Mr. Kean,
Mr. Huger,
Mr. Butler,
Divided.
Mr. Few,
Mr. Pierce,
yx
Carrington,
Mr. Blount,
Mr. Burton,
Georgia,
Ay.
Grayson,
R. H. Lee,
North Carolina,
On
387
FOREIGN AFFAIRS,
1787.]
Ay.
lost.
Mr. King
yeas and nays being required by
Massachusetts,
Mr. Gorham,
Mr. King,
Mr. Dane,
Connecticut,
Mr. Johnson,
Mr. Cook,
New
Mr. Smith,
Mr. Haring,
Mr. Yates,
New
York,
Jersey,
Pennsylvania,
Mr. Cadwallader,
Mr. Clarke,
Mr. Scheurman,
Mr. St. Clair,
Mr. Irwine,
Mr. Bingham,
Mr. Armstrong,
^yAy.
Ay
A^-
1
I
Ay.
No.
Ay. V Ay.
Ay.}
Ay.^
No. Ivr
Nn >-N0.
No.
No. J
j
SECRET JOURNAL.
35$
Delaware,
Maryland,
Mr. Kearny,
Mr. Mitchell,
No.
Mr. Ross,
Ay.
Mr.
Mr.
Mr.
Mr.
Virginia,
North Carolina,
[Sept, 24,
yx
Grayson,
R. H. Lee,
Av
Carrington,
Av.
H. Lee,
No.J
No.-)
.'*
Mr. Blount,
Mr. Burton,
South Carolina,
Mr. Kean,
Mr. Huger,
Mr. Butler,
Georgia,
Mr. Few,
Mr. Pierce,
NI
No.
'
S Divided.
f
) AT
No.j^^-
No.
^^I
lost.
minister to take
at the court
of
the
place of Mr.
And on
London.
it
will
this
Adams
head,
hav-
be expedient to ap-
Your
sending a minister
FOREIGN AFFAIRS.
n87il
389
he
is
persuaded
ment
it
that
this
neglect
that the
especially as
will cease,
the
mo-
the adminis-
deny
He
to
thinks
at present, to
to
keep
all
expose themselves
possible,
things as smooth
to
be
in
such a posture
style of con-
more nervous
duct and language. Britain disputes the eastern boundary of the United States ; she holds important posts
and
These
affairs
are
management of
tennpcr, especially considering how little the actual state of our national affairs tends to repress the influence, either of unfriend-
and
that if
most proper,
Whereas
the following
viz.
still
remain
to
be
means of
London
a minister
plenipo-
Therefore^,
SECRET JOURNAL.
SeO
[Sept. 28,
take effect
continue
in force for
On
motion,
this
part of the
report be postponed.
SEPTEMBER
28,
1787.
The
secretary of the United States for the department of foreign affairs, to whom was referred a letter
sir
John Temple,
the
That
Canton sent
him
in the
he sent
for them,
"
whether or not
the duties so
Two
it
for
him
to
pay
demanded.
first,
the
implied claim of the consul to an exemption from duties ; and, secondly, the reason assigned by the collector for
case.
demanding
the
FOREIGN AFFAIRS.
1787.]
391
The
of
exempting
ambassadors and publick ministers from duties and imThe only question on this point which merits
posts.
attention
this light
is,
to
be considered
in
by
publick ministers; and therefore that they are not enthe exemptions in question, either here or
titled to
elsewhere.
It
considers
treaties of
commerce
exist, as
inclined to think
it
is
In France,
it is
it
necessary
check them.
to take
measures
cles intended to be
the
court of
London, importing
for
the use
hun-
of the ministry to the necessity of establishing regulabut what they will be, is not yet de-
SECRET JOURNAL.
392
cided.
If
[Oct. 2,
men
high in
would
numerous
consuls to be found in every commercial country disposed to admit them. Whereupon Congress came to
the following resolution
in
own
use,
respective
as are
for their
nations.
OCTOBER
The board
of treasury, to
tract of a letter
2,
1787.
whom was
referred an ex-
That
"'
has been
made
monsieur
That a proposition
De
Calonne, minister of
" the finances of
France, by a company of Dutch mer^'
chants, to purchase the debt due from the United
" Stales to the crown of France
;
giving for the said
"
debt, amounting to twenty-four million of livres, the
to
*'
FOREIGN AFFAIRS.
1787.]
'
'
'
393
agent of the said company, with the view of ascertaining whether the proposed negotiation should be
to Congress."
That the said minister suggests, " That
agreeable
'
'
if
there
is
'
'
a court, of
'
to the breasts
"That
arise,
whose good
of a
private
we have
so
much need,
company.
is
sound
in
'due
'
'
'
to
the
debt
Oa
a.
it
could not
make
effectual provision
tracted
for
the
security
of the
it
lives,
liberties
and
pledged themselves for its redemption and that therehonour of the United States cannot be im;
fore the
peached
for
knowledging the amount of the said debt, and stipulating for the reimbursement of the principal and
interest
due thereon.
VOL. IV.
50
SECRET JOURNAL.
394
[Oct. 2,
That should
to
presume
that the
United States
That
the prospect
is
made
made
to
publick sanction
to give
any
to the
proposed negotiation.
Unjust,
would contract an engagement
the
United States
ertion for the
by
his
presume, that
it
would tend
to establish in the
mind of
in
FOREIGN AFFAIRS.
1787.]
39,-.
same, much
resources
even the
to discharge
to time
may
prevail in the
French
court, for
the
become due.
How
tual
in-
which
payment
citizens of Holland,
to enlarge on.
policy, the board forbear
may
human
events, she
This
find herself
may
principle, so far
as
it
exposed.
respects the conduct of
,
discharging it.
If it be further considered, that the consequences of
punctual payment of interest on the
borrowed by the United States, can by no
a failure in
moneys
means be
the
in resources,) as
pendence
the
for
support
moneys loaned,
is
proper.
in
any point
Under
their opinion,
of view,
at the
either as
present
eligible or
it
as
SECRET JOURNAL.
356
That
it
(^Oct. 5,
to instruct
United States,
who may
to
any
state
or
OCTOBER
The
of individuals
company
3,
1787.
secretary of the United Slates for the departaffliirs, to whom was referred a letter of
rnent of foreign
the
first
of August, from
reported,
"Cannon,
"
New
late
"On
"
"
at the island of
thirty hours,
when
the
said
sloop, and
made search
sloop,
an4 directed
said
Cannon
not to
lie
longer than
FOREIGN AFFAIRS.
1787.]
397
"
forty-eight hours at said island, or he would seize
" his vessel and
cargo and in less than one hour after,
" said Cannon
under
and left the island afore;
got
" said
way,
May
"company
"AuxCayes, and had on board sugar, coffee, cotton
"and cocoa of the produce of Hispaniola for the said
another,
named
"previous notice;
"not exceed
thirty-four hours
and the
officer of the
prize,
Two
viz.
The unnecessary
illegality of the
SECRET JOURNAL.
398
As
first
[Oct. 3,
complaint
is
ground-
that
ready
ed relative
copy of
the end
Adams, to
the same to the British
communicate
may
for bringcourt, and urge their taking proper measures
the offiinders to punishment, and prevent the like
that
he
ing
excesses
in
future.
With respect
demnation,
it is
and con-
to
your
to the
remedy
in the
known course
Thereupon,
That
Congress agree
Resolved,
cial
proceedings
of judi-
FOREIGN AFFAIRS.
1787.]
OCTOBER
The
1787.
ment of foreign
ters
5,
599
affairs, to
whom was
questions.
ration
1.
Sliall
of
the.
United States at
court of London, be permitted (agreeably to rec(uest) to return to America at any time after the 24th
the
And having
Resolved, That the honourable John Adams, the miUnited States at the court
SECRET JOURNAL,
400
United States
tant trusts
to
to
him
in
[Oct. 5,
to
time committed
is,
Whe-
it
will
of opinion that it will be expedient to appoint another, because there do exist differences between the
is
as by means of an intelligent
and discreet minister on the spot. Your secretary's
feelings strongly prompt him to retaliate the neglect
it
rican
moment
is
persuaded
that the
be such as
it
Ameshall
FOREIGN AFFAIRS.
1787.]
401
shall
in
she holds
tant,
little
the actual
bours
Whereas
Britannick majesty
arranged and adjusted between his
and the United States, which on their part cannot be
so well conducted as by
means of a minister
j)lenipo-
Therefore,
tcnliary at the court of London
Resolved, That a minister plenipotentiary to reside
:
at that court
take effect
continue
it
would be best
that this
order that he
information
and
affairs
VOL.
IV.
.51
SECRET JOURNAL.
402
On
[Oct. 5,
the question,
Resolved,
That
part of
this
be post-
the report
poned.
The
would be expedient
charge des
affaires.
to
constitute
colonel
Smith
On
himself embarrassed.
light
in
his office
have hitherto been viewed, gives the colour of propriety only to his reporting on the expediency of ap-
And
appointed.
relative to
thinks
it
verted
proper
to, his
the person
to
make
as
and now
if
not ad-
reasons.
affairs
He
thinks, that
if
quits the
into the
to
FOREIGN AFFAIRS.
)7S7.|
succeed him, or
to
403
until ihe
On
OCTOBER
The
was taken
to
lost.
1787.
8,
ment of foreign
affairs,
to
whom was
referred a letter
ed the
Isf
day of March
last,
regiment American
light
dragoons,
having reported,
That
in his
letter in question,
commit-
in the present.
The expediency of calling upon
the executive of any state to apprehend and cause this
ceed
man
to
the state
concerned
in
SECRET JOURNAL.
404
Perhaps
it
might be well
[Oct. 8,
to direct the
secretary at
war
nion what measures can and ought to be taken, in consequence of them. His report, together with the letter
be arrested
guard
in the
to Philadelphia,
where
sucli
of his offences as
Resolved, That
of which the said encargado de negocios complains, as being very reprehensible, and that they will
letter
all
between
his
the
United
States.
at
facts
John Sullivan, and his opinion what measures can and ought to be taken in con-
sequence of them.
FOREIGN AFFAIRS.
1737.}
OCTOBER
On a
1%
405
1787.
in consequence
report of the board of treasury,
Barbary
hitherto applied to
for
That
On
to the election,
and
OCTOBER
On
13,
1787.
referred an
whom was
secretary for
John Sullivan
SECRET JOURNAL.
4U0
Whereas
a certain
John
[Oct. 13,
Sullivan,
styling himself
"
mutual confidence
interrupt and injure the peace and
which so happily subsists between the United States
and his said catholick majesty 'I'herefore,
Resolved, That the secretary at war direct the com:
manding
if
the said
United States
oi
cause
majesty
their ardent desire and fixed intention
to
preserve
uninterrupted that
dence of
his subjects,
at this time
On
Butler
being required by Mr,
FOREIGN AFFAIRS.
1787.]
New
407
Mr. Gilman,
Ay.
^X
Mr. King,
Mr. Dane,
Ay.
Ay.
Connecticut,
Mr. Cook,
Ay. )X
New
M,-.
Hampshire,
Massachusetts,
Yo,l<,
New
Jersey,
Pennsylvania,
Delaware,
Haring,
>
No.
|
5
Mr. Smith,
Ay.
Mr. Cadwallatler,
Mr. Clarke,
No.
No.
Ay.
>
No.
Mr. Kearny,
Mr. Mitchell,
No.
No.
^^
^^
^^
^^''
r) IVIDED.
^
)
-j^
^^'
./
'Ml
'
Maryland,
Virginia,
North Carolina,
Mr. Ross,
Ay. )>X
Mr.
Mr.
Mr.
Mr.
H.Lee,
No.^
No.
y^
>D'^'^^^-
R. H. Lee,
Ay.J
Grayson,
Madison,
Mr. Ashe,
ment
to
}>
u,..,r.r^^
i^iVlDii.D.
Mr. Kean,
Mr. Butler,
Ay.
Ay.
.
} '^''
Mr. Few,
No. )>No.
The
No.
Ay.
Georgia,
Ay.
MT>Burton,
r.
South Carolina,
lost.
of foreign affairs,
to
whom was
referred a letter
the
20th of February
last,
SECKET JOURNAL.
408
the
commonwealth
[Oct. 13,
of
brandies imported
in
to
which the
ported
in Dutcii vessels
trary to the
second
are
like
commodities imas
left liable,
being con-
official
knowledge of
it
in
the
the
said
an act exists.
third
articles
in
the treaty
with
in these
United
" States
engage mutually not to grant any particular
" favour to other nations in
respect of commerce and
"
navigation, which shall not immediately becotne com" mon to the other
party, who shall enjoy the same
" favour
if the concession was freely made, or on
freely,
"
the
concession
United Ne-
if
The second
"The
"and
'^
all
the rights,
and exemptions
leges, immunities
in
liberties,
trade,
privi-
naviga-
FOREIGN AFFAIRS.
5787.]
0>
'*
any
ports
"
Reason and
in
secretary, will
articles
is
equity, however,
supply
Where
those cases.
this deficiency,
a privilege
whom
is
gratuitously grant-
it is
on compact,
any there be, does not consist
in
is
not gra-
make
bargain,
is ail
that in
demanded under
make
a similar
the article.
Besides,
it
would cer-
States, that
insist,
therefore
the
Dutch
shall
Supposing
any price
at all.
is
just,
article
immediately
question
SECRET JOURNAL.
410
grant by
[Oct. 13,
is,
Whether the
Virginia to
tion
gratuitous or not.
From the tenor of the act
in
ques-
is
If this
nation
What
be done
to
is
According
However
less
is,
to
is
repealed.
may
immediately.
Your
states shall
by
to
be
FOREIGN AFFAIRS.
1787.]
411
and
ing the act of which the said minister complains,
with
the
consistent
same
the
treaty
perfectly
rendering
subsisting between the United States and the United
Netherlands, and of causing to be repaid whatever
As
representative at
states general
on
this
subject, by
solutions be given to their minister
requested
to
and that he be
was
entirely inadvertent,
flatter
themselves,
and they
and the
and of Virginia
in particular.
Your secretary
SECRET JOURNAL.
4ia
impression on
his
to
make
a strong
mind.
If individual states
favours
[Oct. 13^
go
foreign
have
By
the sixth article of the confederation, no particucan send or receive ambassadors, enter into
Jar state
assembled
This
in
article
Congress.
appears
to
to pre-
in
our
commercial systems.
If no individual stale can contract with a
foreign
power, it follows that the states individually can grant
no privileges otherwise than gratuitously. But would
not such a practice naturally tend to introduce a commerce of favours and of privileges ; and encourage
private intrigues and
it?
Would
latter
against
com-
Would
become
others?
be often constrained
And
to
grant favours as inducements to obtain others? Thus by degrees there would be favoured and favourite states ;
thus by degrees the federal head would
and
less
important
become
less
be-^
FOREIGN AFFAIRS.
J%7.J
Your
413
secretary in making these remarks has no parhis eye ; he means them as general
ticular state in
will
derstood.
to the
following resolu-
by
treaties
Netherlands be transmitted
Virginia, to
the
commonwealth of
to the
OCTOBER
in
16,
Dutch
vessels, dur-
1787.
Resolved
and American
command
of a squadron of French
flag
and commission of
4U
late
SECRET JOURNAL.
[Oct. 16,
devices.
That a
Resolved,
be written
letter
to
his
most
valier
this
medal, as well
in
conside-
majesty
from a sense of his merit.
cer, as
And
that as
it
is
his
in his
desire
earnest
it
where
be signed by
and that the chevalier J. P. Jones be
the President
above purpose,
to
Mr.
Jefferson,
made
act of Congress of
12th
October, re-appoinling
France.
at the court of
Commission.
The United States of America in Congress assembled To our trusty and well beloved Thomas Jefferson, esquire, send greeting.
confidence in your
reposing especial trust and
have
and ability,
nominated, conintegrity, prudence
We,
'
FOREIGN AFFAIRS.
1787.]
stituted
nate,
415
and appointed, and by these presents do nomiand appoint you, the said Thomas
constitute
do and perform
all
you
in
charge.
This com-
mission to
the tenth
revoked.
In
testimony
whereof we have
caused
the seal
of the
Wit-
in-
The
letter of
credence.
We,
given to
to represent
commence
one
is
to
and we
pray God
tion.
to
We
SECRET JOURNAL.
416
Done
ihe city
at
in the
October,
of
New
[Oct. 16,
The
secretary
to the
agreeably
for
foreign
affairs
reports,
That
following
letter
to
his
We,
United States
in
Congress assembled,
in
consideration of the distinguished marks of approbation with which your majesty has been pleased to
to
commanding
As
knowwe
cannot
forbear
ledge
requesting
the favour of your majesty to permit him to embark
with your fleets of evolution, where only it will be proit
is
in his profession,
"bably
in his
power
to acquire that
degree of knowledge
Permit us
repeat to your majesty our sincere assurances, that the various and important benefits for
to
to interest us in
FOREIGN AFFAIRS.
1787.]
417
We
OCTOBER
On
25, 1787.
rington.
and
is
authorized
to
due
to the individuals
interested
may check
ship which they wish may subsist and increase between the two countries, prompt the United States to
remind
his
they
with them
is
flatter
in
not practicable,
it
is
should render, and that they should accept, a compensation equivalent to the value of them.
VOL. IV.
53
SECRET JOURNAL.
41S
[Feb. 12,
in-
on such terms as
tain
the
and
may
by
be the best
composition
his
in
power
money
so recovered
to ob-
hands
all
Con-
till
gress.
he' shall
think
is
hereby authoriz-
it
powers
abovementioned negotiation as
business be not
to
in his
judg-
made by
agency
in
all
livered up by
Denmark.
FEBRUARY
The
12,
1788.
drafts of letters as
being in his opinion proper to recall
the honourable J.
Adams from
the courts of
London
to as follows
FOREIGN AFFAIRS.
1783.]
419
the time
we had
Adams's residence
in quality
Mr.
we have
will do
persuades us that he
this in the
manner most
at (he city
of
of
New
By your
United States
in
York, the
day
Congress assembled.
signified to
at
your
to
us that he will
agreeably
to
our
manner
SECRET JOURNAL.
420
[March
to
18,
both
countries.
We
pray
God
to
By
New
York, the
your good
friends, the
day
United
MARCH
18,
1788.
whom was
refer-
chevalier de la Luzerne to his excellency the President of Congress, having reported, that in his opinion
the chevait would be proper that he should write to
lier a letter of the following tenor
SIR,
laid before
Congress
your letter of recall, togther with the one that enclosed
and I have the honour, in obedience to their orders,
it
:
which you
of
it
very early impresswith pleasure of the recent and honourable proof which the king has given
you of his confidence ; and as your attachment and ser-
ed them.
you
may
FOREIGN AFFAIRS.
1788.]
421
to
talents
may
in-
be referred
it
to the
take order.
JUNE
2,
1788.
On
The conduct
lier
de
la
of your majesty's minister, the chevaLuzerne, during his residence with us was
commendable and
satisfactory,
we
The manner
and
it
gives us pleasure
which, by your majesty's order, he has taken leave of us, manifests his attention to
your dignity and interests, and affords strong evidence
merit.
in
We
pray
friend, in
God
to
his holy
New
Written at
The
an answer,
is
as follows
is
SECRET JOURNAL.
422
[June 2,
The
chevalier de
time which
we had
la
you
in
dered him
to
constantly
We
are
persuaded he
will equally to
of the order
himself
acquit
which we have given him to assure you, in terms the
most expressive, of our affection and of our sincere
you
He cannot
which we
them
in particular.
On
this
Done,
in that
we pray God
of each of
that he will
allies, in his
holy
6ic.
The
count de Mousticr
zerne
is
perfectly agreeable
to us.
We
flatter our-
selves that he will, with equal zeal and ability with his
FOREIGN AFFAIRS.
1788.]
423
it;
this
occasion of
have
been pleased to
lately
confer on the
United
States.
We
God
pray
to
New
Written at
The
an answer
is
as follows
to
is
chevalier de
with you.
la
We
in
the
same
quality.
The marks
new
occasioti
of zeal
in
such a man-
when he
shall assure
you of the
sin-
to
SECRET JOURNAL.
424
[June 13,
We
pray
and
friends
God
that he will
allies, in his
holy keeping.
Your good
friend
and
1787.
ally.
LOUIS.
(Signed)
Count de Montmorin.
JUNE
The committee,
\3, 1788.
consisting
of Mr.
Hamilton,
Mr.
been begun
at the
Virginia
commonwealth of
Whereupon,
the
ginia, to the
FOREIGN AFFAIRS.
1788.]
subject
and also
the sense of
it is
425
Anne
The
France
as follows
New
York,
May
28, 1788.
The undersigned
an order from
gress assembled,
his court to demand the delivery of a French captain
who has been guilty of a crime, the punishment of
which
tion.
Languedoc, commanding the brig David, was despatched from the Cape, in the island of St. Domingo, for
Nantz, the 1st July, 1787, with a cargo of one
hundred thousand pounds weight of
to
different
persons.
coffee,
belonging
in
in his
Virginia,
The
conformity
VOL. IV.
with
his
54
SECRET JOURNAL.
426
[June 13,
made on purpose
in the hold,
hundred and
and caused
to do the same,
had
been
appear
obliged to
to
and
the
Chesarenounce his voyage
Nantz,
stop'^at
Ferrier
informed
of
these
Captain
being
depopeake.
himself,
make
in order to
sitions,
his
that he
it
but he was
The
mayor of
underwent an interrogatory on
the 6th December, and confessed the crime of which
Norfolk.
culprit
he was accused.
The
lo his nation,
in
which
it
was resolved
that Ferrier
FOREIGN AFFAIRS.
1788.]
47
fifty
The
pounds
criminal
to
was
He
honour
very surprising that notwithstandir^g the official information which had been given the 2d October, concernthe crimes of which captain Ferrier had been coning
victed,
he should be
liberated
under a pretence of a
7th
the
civil action
of
November,
pounds.
on
board
a
French
vessel
That, condemned
by
the consul of his nation, and with the consent of the
mayor of Norfolk, he was taken away on a suit brought
fifty
in irons
escape.
and authority of
in
to
who very
have
facilitated
SECRET JOURNAL.
428
[June 13,
to
sieurOster obtained
gust, 1784,
in
full
and entire
satisfaction
this
in
Au-
in
question.
vice consul unsupported by any
particular law, he might found his claim on the common rights of nations ; on the mutual ties between
allied powers ; on the
treaty of commerce and the consular convention, which was a
consequence of it; on
France
ed
in short, on the
dignity of Virginia, which would
be particularly exposed, if one could
suspect that
state of encouraging and
villains
proscribprotecting
ed by the law of every polished nation. In conse;
to
pay no respect
to the
well
founded and
pressing
claims of the vice consul of France, and to elude not
in
signed
FOREIGN AFFAIRS.
1788.]
by
429
been
hitherto religiously observed in the kingdom, with reThe unspect to the citizens of the United States.
States
commerce of
(Signed)
May
26, 1788.
The
secretary of the United States for the department of foreign affairs, to whom was referred his letter
March
of 20th
from
sir
reports,
* The
letter
from
sir
referred.
10, 1787.
SIR,
The
Lawrence, an American
honour to receive by the
loyalist, to
last
the king
my
it,
from Richard
sovereign,
had the
his
SECRET JOURNAL.
430
[June T3,
of state, that
tioner's case
should
and
make
if I
me by
one of
claims, under the stipulation of the sixth article of the definitive treaty
between
his
should
make
full
restitution
pose,
with
sir,
his
to
as he
may
may justify me
in
To which
soliciting.
pur-
be after that honourable body shall re -assemmean time I am so confident of your humanity as well as of your justice, that I have not even the least doubt you will
Congress as soon as
'
made
of,
ble to
do business?
do
that
all
be
may
may
In the
in
have the honour to be, with very great regard and esteem,
sir,
TExMPLE.
To
new
That previous
to the
New
York,
commencement of
in
now a
prisoner in the
British
troops
standard.
FOREIGN AFFAIRS.
1788.]
431
copy of his petition to his Britanick majesty, stating that he was an inhabitant of
Staten Island, and joined the king's troops on their
Among
the papers a
landing there.
That your
petitioner
William
sir
Howe, commander
in chief of
employment
And
der,
anl
commander in
said
receiving an order from the
whereof
is
take under
also
is
stores,
copy whereof
a true copy
chief,
in
New
&c.
his
York, a
mentioned
and by
under the inspection ofyour pelitioner, cut down from the said woods,
and used in your majesty's service but your petitioner never made
use
advantage or profit thereof, or converted any part to his own
;
any
was
"
"
*'
"
"
shall
against
or they
shall
loss or
damage,
either in his
same,
in
but be-
by
New York
commenced
against
him
SECRET JOURNAL.
432
British
[June 13,
commander
in
for the
used
cut
down and
in
sels,
common
in the
gaol of
New York
to poverty, but (being far advanced in years) hath also nearly put a
his miserable existence, his health being greatly impaired, and
period to
his long imprisonment, and his unhaving almost lost his sight by
from competency to a state of inreduced
fortunate wife and family
case
your petitioner has laid his unfortunate
the
and
of
governour
America,
before the Congress of the United States
attention has been
and assembly of the state of New York but no
He therefore with the greatest
o-iven by any of them to his petitions.
before your majesty,
ventures to lay liis unfortunate situation
That
in
hopes of
relief,
humility
war
al-
suffered
and attachment
ment
who
and as your
petitioner,
satisfy
totally
said actions, he
misery and
from
all possibility
cut
off
are
now reduced
Your
days
in
destitute of
wretchedness, confined to a loathsome prison,
to
petitioner
life,
of the
deprived of the free use
air,
and
who
therefore most
will
the
most dreadful,
RICHARD LAWRENCE.
FORErCN AFFAIRS.
1588.]
438
Stores,
and used
That
in
ed against him in
timber and other
this state
in
articles
by
abovementioned
that
he
state
COPY.
Head-quarters,
commander
in
all
the
It is
laid
up
New
all
Town
WILLIAM SHERIFF,
To
all
whom
it
may
D. Q. M. G.
concern.
COPYI
widow
and management
thereof.
And
all
and
to
in
the
tlie
woods on the
have the
sole direction
any of the
what may be
Given under
the
my
required.
hand and
WM. TRYON,
By
his excellency's
Governour.
command,
B. J. Johnson, P. T.
I
to
me
this Itli of
original appoint*
June, 1787.
J.
VOL. XV.
55
TEMPLE.
SECRET JOURNAL.
434
New York
of
[June 13,
to his petitions.
he had received
jesty's
commands
and
if
to inquire into
make
to
his being
made
','
requested
commands
his
'
that honourable
''
ness."
to
do busi-
He
has conversed on
this
to,
copies
Lawrence
of the
re-
unto annexed.
One
of these records
is
tion of trover
brought against
rel.
"
of
who
is
of the proceedings in an
by Samuel Broome.
*'
that he
FOREIGN AFFAIRS.
1788.]
435
plaintiff's
damages
he was
at four
guilty,
hundred
The
third record
is
of the proceedings
in
an action
of trespass
John Broome.
guilty
that he
ges at
was
guilty,
plaintiff's
dama-
in either
of these
Your
secretary
is
believes,
was urged
to
whatever cause
is
assured,
termination against
it
is
SECRET JOURNAL.
[Jane 13,
fendarits
There
is
and that
tention,
is,
how
far
any sovereign, by
reign with
among
such
remonstrances of
to
this
kind
Congress on behalf of
affairs,
in
the
manner accustomed
nations.
the case
if one
the other
always
loose.
As sir John has no commission nor letter of credence which would render his
king responsible for any
thing which sir John may (in virtue of private instructions) say or
do
in his
that
in this
way
and also
it
would
in his
opinion be
MY LORD,
As there is no person here
properly charged with
the affairs of his Britannick
majesty, nor at London
wth
those of the
FOREIGN AFFAIRS.
1788.]
can be made
in
that channel.
437
Occasions however
occur on which some correspondence may be exas mutual silence might otherwise
pedient, especially
will
Your
petition of
with
it.
facts stated
by Mr. Lawrence
to your lordship
the
records of the
of
herewith enclosed
copies
three causes to which his petition alludes.
They conI
office
juries
who
Why
or
why
to
his
conducted as
to give
Your
and
that they
cannot be reversed
SECRET JOURNAL.
438
JULY
28,
1788.
The
[July 28,
March
12, 1788.
ment of foreign
affairs,
to
whom was
referred a letter
last,
with
That he received
the queen and
whom
he had
particular
much conversation
affairs,
with
friends
to
them
any
That
at
rendered
cles
it
moved.
it
FOREIGN AFFAIRS.
1788.]
Your
secretary thinks
it
439
commerce
of limited du-
Smith appears
to
him
of
colonel
to
to the colonel.
pleasure
" that
they are pleased with the manner in which you
"
appear to have treated the affairs to which those
"
relate."
despatches
Ordered,
That
the
last
to
the
secretary
AUGUST
26, 1788.
report be referred
fairs to
On
paragraph
of the
for
above
foreign af-
take order.
consisting of Mrp
whom
was referred a report of the secretary for the department of foreign affairs, of the 14th instant.
Resolved, That the secretary for the department of
foreign affairs
be directed
to
him
to represent
to his catholick
SECRET JOURNAL.
449
[Aug. 26,
to his
respecting all
such negroes belonging to his subjects as may be found
therein.
to
to
be
made on
Congress.
Georgia.
On
this
laid before
house that sundry negro slaves belonging to citithis state have absconded from their masters
zens of
of his
FOREIGN AFFAIRS.
1788.]
441
MY DEAR
The
M. Simmons, Clk, G. A.
SIR,
with, in
satisfaction,
and
will
esteem
certainly
and
your citizens.
With respect
to
of
jects in cutting
I
am
to say,
eighteen months
to the British
vince unmolested,
disturb the
treaty of peace
to
evacuate
grants
this pro-
have procured
my power
for the
eventually have
VOL. IV.
to
Mr. Coddington
all
the
means
in
come
5Q
it
at
SECRET JOURNAL.
442
his free election
when recovered,
[Sept. 3,
ihem
to deposit
into
the hands of a person of his choosing, until I receive from the court their resolution, which I have
for,
to
conform myself,
until
re-
ancient regulations of
ceive new instructions,
this government, one of which prescribes not to disto the
London
dence.
respect refused a reciprocal corresponAt the same time I have represented to his
in that
my
representation, with a
comply
God
life
many years.
December 12, 1784.
preserve your
SEPTEMBER
3,
1788.
The
and
ter |)lenipotentiary to
Congress, of
are translations
the minis-
FOREIGN AFFAIRS.
17G8.3
To
443
bled.
duced us
recall
to
in-
We
tiary.
conduct during
his residence
We
to his
departure, to
you
surances he shall
re-
make you
relative
thereto on our
behalf,
with
We
will
we conclude, our
friends
and
allies,
recommending
to
you
At the Hague, the 8th May, 1788.
The States General of the United Netherlands.
W. N.
By
To
order.
H. Fagel.
MEMOIR.
New York,
The undersigned
states
Pesters.
honour
resolution,
by which
have been
SECRET JOURNAL.
444
He
thinks
it
[Sept. 3,
him on
this subject,
last
It is with the
highest satisfaction that he perceives
himself authorized to repeat the assurances of friendship and good will which he made at the commence-
ment of
his ministry
and
to declare in the
name of
promote and
confirm the harmony and good understanding which so
happily subsist between the two nations.
his masters, that they constantly desire to
Could
wish that
this revolution
testify
how
may conduce
ardently they
to the grandeur,
the prosperity and duration of a republick, whose success cannot fail to be exceedingly dear to them.
To
with which he
made by
He
assembly to establish the government confided to them on a solid and permanent basis.
His communications to his masters have always been
efforts
this
and
high mightinesses.
* The word
revolution,
it is
FOREIGN AFFAIRS.
1788.]
He
flatters
44S
to leave no doubts respecting the purity of his intentions, and his attachment to the reciprocal interests of
It
duced to confirm the connexion, and strengthen the commercial and political relations, which one of the most
happy and important of revolutions had formed between
them.
May
events be propitious to
pursuing by all the members of the
great Arbiter of
the
the measures
now
confederacy and may the government about to be established ensure prosperity to a nation who from their
;
origin
internal resources
become one of
most happy
in the
world.
P. J.
(Signed)
And
to the secretary
answer
to their
to as follows
To
for
VAN BERCKEL.
United Netherlands.
letter,
SECRET JOURNAL.
446
May
last, in
[Sept. 3,
condu-
if
permanent as
it is
We recommend
pleasing.
you
to
keeping.
Written by your good friends and
allies the
United
1788.
He
Van
to
also reported
an answer
him
to
in the
to the
to,
memoir of Mr.
words following
SIR,
honour
have the
friendship
perfect harmony
tinue between theirhigh mightinesses and them, they
were always
tries,
two coun-
be conducted by
FOREIGN AFFAIRS.
1788.]
447
men whose
dence here
ses
and
is
that
fully
am
directed to assure
you that
it
has been
be honoured by your
country will aflbrd them satisfaction
and they sincerely wish that
pubiick respect and
domestick happiness may
conspire in rendering the
remainder of your days useful to
others, and agreea;
ble to yourself.
SEPTEMBER
On
13,
1788.
rington,
moneys belonging
the minister
to the
United States
plenipotentiary of the
the court of Versailles be and he is
to
make such
fortable
giers,
in
Europe,
United Slates at
hereby authorized,
provision for the maintenance and com-
and
the court of
Franco, for supplying the said captives.
SECRET JOURNAL.
448
SEPTEMBER
16,
[Sept. 16,
1788.
The
White Outerbridge, respecting the importation of convicts from the island of New Providence to Maryland,
&LC.
having reported,
That
in this
render
affidavit
it
in
to and landed
at
lord Dunmore,
instrumental in
was
Providence,
New
That
to
it
nefarious a practice
to
presume
made
in
tolerate^ so
to
is
no reason
question was
in
affairs.
MY LORD,
It will
FOREIGN AFFAIRS.
1788.]
own
disreputable to their
others.
The
facts stated in
honour
an
449
affidavit,
of which
have the
reason to prejou
sume that the truth of this observation has been conto enclose
a copy, afford
To
insist
of
its
I
it
forbear
be neces-
am
siness
directed,
to
you
my
lord, just to
make known
this
bu-
may
I
require.
of endeavouring to retard, he
instead
promoted the
investigation.
Ordered, That
this report
be referred
to the secre-
The
secretary of the United States for the departforeign affairs, to whom was referred a motion
ment of
"Whereas many
citizens of
SECRET JOURNAL.
450
[Sept. 16,
"
" river
Mississippi ; in order therefore to quiet the minds
" of our fellow citizens
by removing such ill founded
"
that the United States have
apprehensions, resolved,
"a
clear, absolute and unalienable claim to the free
"
navigation of the river Mississippi, which claim is
" not
only supported by the express stipulations of
"
treaties, but by the great law of nature," having
on the 2d of the present month reported,
in the said
motion
is
not
opinion,
it
would be expedient so
the
commencement
tution of a
new form
is
would be prudent
therein
Wherefore he thinks
port mentioned
to
it
Spain for
that
the surrender
of
is
the
to
not founded in
FOREIGN AFFAIRS.
1788.]
fact;
and
vocal terms.
made
in
reign
affairs,
same
451
Congress be authorized,
of secrecy notwithstanding)
in the
that
Resolved,
are, be referred
to
the federal
now
government about to be
Because although
2.
Because
positively
it
sary
think
it
tiation,
As
the report be
destroyed, by being
uneasiness flowing from
that appears to him neces-
contradicted, the
must cease
to
if
it
which
is all
be done at present
proper to suspend the progress of the negoand refer it to the new government.
to declaring
have a
clear,
among
cede
it.
Whether
it
would be
vvise
in
the
United
^^a/
that
SECRET JOURNAL.
452
ed
to
a question on
is
right,
in
Congress
which
is
writing,
[Sept. 16,
his opinion,
communicat-
known.
The modi-
well
fications
it
to
render
it
How
would tend
to
exclude
all
modifications,
to present
however
circumstances and
the
extent
of
government.
How
far the
a question of too
without
knows
deliberate
ihf^
that navigation
in
in these respects,
prejudices and
western country
but on
vested
title,
opinions prevailing
in the
him
respecting
it;
hut
as
personal
considerations
might be advan-
K'
#
FOREIGN AFFAIRS.
1788.]
Certain
conjecture.
is
it
453
it
He
therefore
pass over
best to
let
present state
to
thinks
in their
it
these negotiations
new govern-
the
ment, who will undoubtedly be tenacious of the publick rights, and may be enabled, by circumstances not yet
to terminate these negotiations with Spain in
developed,
ents.
of Mr.
delegates of
motion of the
" that
Congress are disposed to
produced by a report
" treat with
the.
surrender
of their claim to the
Spain for
^^
navigation of the river Mississippi,'''' and proposing a
resolution intended to
be at liberty
such circumstances as
may
to
founded
communicate
be necessary
all
to contradict
remove misconceptions.
Resolved, That the free navigation of
the
river
a clear
supported as such.
SECRET JOURNAL.
454
March
is
to
assemble
next.
THE END.
^^^-
THB NEW
^'"'s
book
~
is
"
Ynnxr
~~~
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