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RESOLUTIONS RELATING TO BRITISH TREATY.1

C.C.

[Dec. 1783]

[graphic]

That the said ministers be instructed in their negociation with the [erased] court to urge with perseverance the necessity of a reasonable forbearance in the levy of debts due within these states to British subjects. The establishment of the idea of these states that no interest during the war is due on these debts, &c all demands for Interest accruing during the war would be highly inequitable & unjust. The expediency of settling this by precise stipulation, in order to avoid those mutual complaints & altercations which may disturb the harmony of the two nations

That they require with firmness & decision full satisfaction for all slaves & other property belonging to citizens of these states taken and carried away in violation of the preliminary & definitive articles of peace: to enable them to do this on precise grounds Congress will furnish them with necessary facts & documents.

REPORT ON LETTERS FROM THE MINISTERS IN PARIS.

[DECEMBER 20, 1783.]

The come consisting of M' Jefferson M' Gerry and M' Williamson to whom were referred the letters of the Ministers for the U S in Europe have agreed to the following report.

They find that instructions bearing date the 29 of Oct 1783 were sent to the Ministers plenipotentiary of the US of America at the Court of Versailles empowered to negotiate a peace or to any one or more of them for concerting draughts or propositions for treaties of Amity and commerce with the commercial powers of

1 These resolutions are written on the same sheet, but the first is cancelled. There is nothing to indicate when they were offered in Congress, but it was presumably during the preparation of the Report on Ministers' Letters immediately following this.

? The "joint letter from the ministers of the United States at Paris dated Paris the 10th of September, 1783, accompanied with the definitive treaty" were laid before Congress on Dec. 13th. On Dec. 16th it was referred to a committee. They reported this report on Dec. 20th. It is Endorsed "Report of Mr Jefferson Mr. Gerry Mr Williamson On the letters from the ministers of the

Europe but that their powers will not extend to the actual signature of any such treaty nor to negotiate with any state or power out of Europe.

They do not find that any commission consonant with these instructions has been issued to the said Ministers.

They are of opinion it will be advantageous to these United States to conclude such treaties with Russia the Court of Vienna Germany Prussia Denmark The Elector of Saxony Hamburg, Great Britain, Spain, Portugal, Genoa Tuscany, Rome, Naples Venice, Sardinia and the Ottoman porte for its possessions in Europe and Asia and Africa.

That in the formation of these treaties the following points be carefully stipulated.

1. That each party shall have a right to carry their own produce, manufactures and merchandize in their own bottoms to the ports of the other and thence to take the produce & merchandize of the other paying in both cases (such duties only) as are paid by the most favoured nation, freely where it is freely granted to such nation on paying the compensation where such nation does the same.

2 That with the nations holding territorial possessions in America a direct & similar intercourse be admitted between the U. S. & such possessions or if this cannot be obtained then a direct & similar intercourse between the US & certain free ports within such possessions, that if this neither can be obtained permission be stipulated taking from such possessions in their own bottoms the produce & merchandize thereof to those states directly and for these states to carry in their own bottoms their produce & merchandize to such possessions directly or as by a possession to the inhabitants of such possessions to carry their produce & merchandize in their own bottoms to the free ports of other nations, and thence to take back directly the produce & merchandize of these states.

U. S. at Paris-Delivered Dec! 20. 1783.—Read & enta 22.—Jany. 22. 1784— Recommitted.-Reported again March 4. 1784. Ent Read.-Monday next assigned for consideration-No copies to be made out. Secret-Ent. Reported 14 April 1784-Order for Thursday." This report is the basis for the "Instructions," printed post., under May 7, 1784.

3 That these U S being by their constitution consolidated into one federal republic they be considered in all such treaties & in every case arising under them as one nation upon the principles of the federal Constitution

4 That it be proposed, though not indispensably required that if war should hereafter arise between the two contracting parties, the merchants of either country then residing in the other shall be allowed to remain 9 months to collect their debts & settle their affairs & may depart freely & carrying off all their effects without molestation or hindrance & all fishermen, all cultivators of the earth & all artizans or manufacturers unarmed & inhabiting unfortified towns villages or places who labour for the common subsistance & benefit of mankind & peaceably following their respective employments shall be allowed to continue the same & shall not be molested by the armed force of the enemy in whose power by the events of war they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force the same shall be paid for at a reasonable price & all merchants & traders exchanging the products of different places & thereby rendering the necessaries & conveniences & comforts of human life more easy to obtain & more general shall be allowed to pass free & unmolested and neither of the contracting powers shall grant or issue any commission to any private armed vessel empowering them to take or destroy such trading ships or interrupt such commerce

5 And in case either of the contracting parties shall happen to be engaged in war with any other nation it is farther agreed in order to prevent all the difficulties & misunderstandings that usually arise respecting the merchandize heretofore called contraband such as arms ammunition & military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other shall on any account be deemed contraband so as to induce confiscation & a loss of property to individuals. Nevertheless it shall be lawful to stop such ships & detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, paying, however a reasonable compensation for the loss such arrest shall occasion to the

proprietors. And it shall farther be allowed to use in the service of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But if the other contracting party will not consent to discontinue the confiscation of contraband goods then that it be stipulated that if the master of the vessel stopped will deliver out the goods charged to be contraband, he shall be admitted to do it and the vessel shall not in that case be carried into any port but shall be allowed to proceed on her voyage.

6. That in the same case where either of the contracting parties shall happen to be engaged in war with any other power, all goods not contraband belonging to the subjects of that other power and shipped in the bottoms of the party hereto who is not engaged in the war shall be entirely free. And that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament when the assailing power shall have taken such a station as to expose to eminent danger any ship or ships that would attempt to sail in or out of the said port. And that no vessel of the party who is not engaged in the said war shall be stopped without a material & well grounded cause: and in such cases justice shall be done, and an indemnification given without loss of time to the persons aggrieved & thus stopped without sufficient cause.

7. That no rights be stipulated for aliens to hold real estate property lands within these states, this being utterly inadmissible by their several laws & policy. But where on the death of any person holding real estate within the territory of one of the contracting parties such real estate would by their laws descend on a subject or citizen of the other were he not disqualified by alienage, there he shall be allowed a reasonable time to qualify himself for holding it by the his country & allegiance to dispose of the same & withdraw the proceeds without molestation. 8. And That such treaties be made for a limited to the term of not exceeding 10 years from the exchange of ratifications

9. That these instructions be considered as supplementary to those of Oct. 1783, and not as revoking except where they contradict them. That our ministers be informed that such articles

as may be disagreeable to the other party & are indifferent tousin point of interest remain not that they should insist on indispen sably that where, in treaty with a particular nation; they can procure particular advantages, to the specification of which we have been unable to descend, our object in these instructions having been to form outlines only & general principles of treaty with many nations, it is our expectation they will procure them, tho' not pointed out in these instructions, and where they may be able to form Treaties on general principles which in their judgment will be more beneficial to the United States, than those herein directed to be made their basis, they are notwithstanding any thing precise-er permitted to adopt such bagainst te such principles. That as to the duration of the treaties tho' we have proposed to restrain them to the term of 10. years yet they are at liberty to extend the same as far as 15 years with any nation which may pertinaciously insist thereon: and that it will be agreeable to us to have supplementary treaties with France, the United Netherlands & Sweden, which may bring the treaties we have entered into with them as nearly as may be to the principles of those now directed but that this be not pressed if the proposal should be found disagreeable.

That treaties of Amity or of Amity and commerce be entered into with Morocco and the Regencies of Algiers, Tunis & Tripoly and other states on the Coast of Barbary to continue for the same term of 10. years or for a term as much longer as can be procured.

That our Ministers to be commissioned for treating with foreign nations make known to the Emperor of Morocco the great satisfaction which Congress feel from the amicable disposition he has shown towards these states and his readiness to enter into alliance with them. That the occupations of the war & distance of our situation have prevented our meeting his friendship so early as we wished; but that powers are now delegated to them for entering into treaty with him, in the execution of which they are ready to proceed: and that as to the expences of his Minister they do therein what is for the honor & Interest of the United States and conformable to the practice of other nations.

That a commission be issued to Mr Adams Mr Franklin and Mr Jefferson-Mr Jay giving powers to them or the greater part of

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