So the question was lost. A motion was made by Mr. Hamilton, seconded by Mr. Collins, that the blank in the report be filled with the word "forty :" And on the question to agree to this, the yeas and nays being required by Mr. Osgood, N-Hampshire, Mr. Gilman, |Pennsylvania, Mr. Mifflin, no Fitzsimmons, no White, ay æ } ay no no Montgomery, no 22 } ay Peters, no Delaware, no Wharton, ay Mr. Carroll, no по New-York, Mr. Floyd, no Hamilton, New-Jersey, Mr. Boudinot, ay S div. Virginia, S. Carolina, Mr. Rutledge, no Ramsay, no Izard, So the question was lost. Gervais, A motion was made by Mr. Osgood, seconded by Mr. Arnold, that the blank be filled with "seventy-five:" And on the question to agree thereto, the yeas and nays being required by Mr. Gilman, The committee, consisting of Mr. Gilman, Mr. Hamilton and Mr. Ellsworth, to whom were referred a motion of Mr. Arnold, for transmitting to the executive of Rhode-Island sundry extracts of public letters from Europe, and some subsequent motions thereon; report, "That in their opinion it would be improper for Congress to concur in the object of that motion, as, with respect to a part of the extracts specified, relating merely to the general growing political importance of these states, the injunction of secrecy being taken off, any member who inclines to communicate them to his state may take copies of them, and more especially as Mr. Howell was furnished with complete copies of letters, from which particular detached sentences are now requested; and with respect to such extracts as relate to the subject of foreign loans, they are already within the purview of the resolution of the 20th of December last, directing the secretary for foreign affairs, to transmit to the executive of the state of Rhode-Island, an authenticated state of the applications for foreign loans, and the result; that the same observation applies to that part of the motion which relates generally to the transmission of the letters from our foreign ministers, on the subject of loans not under the injunction of secrecy, with this additional consideration, that such of those letters, as would in fact throw light upon the subject, compre hend many delicate transactions, which it is the duty of Congress, at the present juncture, to conceal : the committee, notwithstanding, are of opinion, that to obviate misrepresentation, it will be advisable to transmit to the executive of the state of Rhode-Island, a copy of Mr. Arnold's motion, and the proceedings thereupon, with a request, that precautions may be taken to prevent their appearing in the public prints." On the question, resolved, that Congress agree to the said report. WEDNESDAY, January 15, 1783. The hon. the minister plenipotentiary of his most Christian majesty having notified to Congress, that the term allowed to the capitulants of St. Christophers, Nevis and Montserat, for receiving cargoes from Great-Britain, and for loading back the vessels under neutral colours, for that kingdom, is expired; and that the governor-general of those islands is instructed to grant no more permits for such purposes. Ordered, That the notification be published. THURSDAY, January 16, 1783. A letter, of the 15th, from the war office, was read, accompanied with one of the same date, from brigadier-general O. H. Williams, representing that the present state of the army, and the late arrangement of brigadiers to districts, render it impossible that brigadier Williams should obtain any command, and expressing a wish, that he may be permitted to retire with the emoluments allowed to retiring officers; Whereupon, Resolved, That brigadier-general O. H. Williams be permitted to retire from service with the emoluments allowed by the acts of Congress to supernumerary officers. FRIDAY, January 17, 1783. On the report of a committee, consisting of Mr. Rutledge, Mr. Mifflin and Mr. Williamson, to whom was referred a letter of the 19th of December last, from major-general Greene, giving information of the evacuation of Charleston, by the British, and of our being by that event in complete possession of all the southern states: Resolved, That the thanks of the United States in Congress assembled, be presented to major-general Greene, for his many signal and important services; and that he be assured that Congress retain a lively sense of the frequent and uniform proofs he has given of prudence, wisdom and military skill, during his command in the southern department. Resolved, That general Greene be desired to present the thanks of the United States in Congress assembled, to the officers and private soldiers under his command, who, in all the vicissitudes of season, under the numerous inconveniences of long and rapid marches in a country plunderd and desolated by an enemy greatly superior in force, have surmounted every difficulty and danger, and manifested such bravery, perseverance and fortitude, as to do honor to themselves and to the cause they have so zealously and successfully supported. TUESDAY, January 21, 1783. The superintendent of finance having laid before Congress a copy of a contract between his most Christian majesty and the United States of America, entered into and executed on the 16th of July, 1782, by the count de Vergennes and Dr. B. Franklin, for ascertaining the sums of money advanced on loan by his majesty to the United States, and settling the terms of payment; and it being stipulated in the said contract, that the ratifications thereof shall be exchanged in nine months from the date, or sooner if possible : Ordered, That the secretary prepare and lay before Congress the form of a ratification. A letter of the 8th of October, 1782, from the hon. J. Adams, was read, accompanied with a certified copy of a treaty of amity and commerce, and of a convention respecting re-captured vessels, agreed to between their high mightinesses the states general of the Netherlands, and the United States of America, on the said 8th day of October, 1782. WEDNESDAY, January 22, 1783. The form of a ratification being brought in and agreed to, the contract between his most Christian majesty and the United States of America, entered into on the 16th of July, 1782, was ratified. THURSDAY, January 23, 1783. On motion of Mr. Ellsworth, seconded by Mr. Hamilton, Resolved, That the commissioner for settling the accounts of the commissary-general's department, be directed to reduce into specie value the whole of the purchases and expenditures of the late commissary-general, Joseph Trumbull, the value to be ascertained at the end of every month, and to estimate the commission on the said expenditures in specie, agreeable to the rates mentioned in the act of Congress of the 31st day of March, 1779. On the report of a committee, consisting of Mr. Madison, Mr. Hamilton, and Mr. Ellsworth, to whom were referred the letter of the 8th of October, 1782, from the minister plenipotentiary at the Hague, with copies of a treaty of amity and commerce, and of a convention concerning vessels re-captured, Resolved, That the said treaty of amity and commerce, and the said convention concerning vessels recaptured, between their high mightinesses the states general of the Netherlands, and the United States of America, dated at the Hague, the 8th day of October, 1782, be accepted and ratified, and that the forms of the ratifications be as follows: Form of a Ratification for the Treaty of Amity and Commerce. The United States of America in Congress assembled, to all who shall see these presents, greeting. Whereas by our commission, dated at Philadelphia, the 29th day of December, 1780, John Adams, formerly a delegate from Massachusetts, &c. was nominated and constituted our minister, with full powers on the part of the United States of America, to concert and conclude, with persons equally empowered on the part of their high mightinesses, the states general of the United Netherlands, a treaty of amity and commerce, having for its basis the most perfect equality, and for its object the mutual advantage of the parties, we promising, in good faith, to ratify whatever should be transacted by virtue of the said commission: and whereas our said minister, in pursuance of his full powers at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B. V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, plenipotentiaries, named for that purpose, on the part of their high mightinesses, the states general of the United Netherlands, did conclude and sign on the part of their high mightinesses, &c. and of the United States of America, a treaty of amity and commerce, in the words following, to wit: [Here insert the treaty.] Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the said treaty, and every article and clause thereof: and we do authorize and direct our minister plenipotentiary at the Hague, to deliver this our act of ratification, in exchange for the ratification of the said treaty by their high mightinesses, the states general of the United Netherlands. In testimony whereof, we have caused our seal to be hereunto affixed. Witness his excellency Elias Boudinot, president, this 23d day of January, 1783, and of our sovereignty and independence the 7th. Form of a ratification for the Convention concerning re-captured vessels. The United States of America in Congress assembled, to all who shall see these presents, greeting. Whereas John Adams, our minister plenipotentiary, at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B, V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, ministers plenipotentiaries of the lords of the states general of the United Netherlands, did conclude and sign on the part of the said lords, the states general of the United Netherlands, and of the United States of America, a convention concerning vessels re-captured, in the words following, to wit: [Here insert the convention. Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the same, and do authorize and direct the minister plenipotentiary of the United States at the Hague, to deliver this ou act of ratification, in exchange for the ratification of the said convention by the lords, the states general of the United Netherlands. In testimony whereof, we have caused our seal to be hereunto affixed. Witness his excellency Elias Boudinot, president, this 23d day of January, 1783, and of our sovereignty and independence the 7th. The committee having reported the drau ght of a proclamation to be issued by Congress, the same was agreed to as follows: By the United States in Congress assembled: A PROCLAMATION. Whereas in pursuance of a plenipotentiary commission, given on the 29th day of December, 1780, to the hon. John Adams, esq. a treaty of amity and commerce, between their high mightinesses, the states general of the United Netherlands, and the United States of America, was on the 8th day of October, 1782, concluded by the said John Adams, with plenipotentiaries named for that purpose by their said high mightinesses the states general of the United Netherlands: and whereas the said treaty hath been this day approved and ratified by the United States in Congress assembled, as the same is contained in the words following, to wit: A treaty of Amity and Commerce, between their high mightinesses, the states general of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, RhodeIstand and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. Their high mightinessess, the states general of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed, relative to the commerce and correspondence which they intend to establish between their respective states, countries and inhabitants, have judged that the said end cannot be better obtained, than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burthensome preferences which are usually the sources of debate, embarrassment and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself, and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse, reserving with all, to each party the liberty of admitting, at its plessure, other nations to a participa tion of the same advantages. On these principles their high mightinesses, the states general of the United Netherlands, have named for their plenipotentiaries, from the midst of their assembly, Messrs. their deputies for the foreign affairs; and the said United States of America, on their part, have furnished with full powers, Mr. John Adams, late commissioner of the United States of America at the court of Versailles, heretofore delegate in Congress, from the state of MassachusettsBay, and chief justice of the said state; who have agreed and concluded as follows, to wit: ART. 1. There shall be a firm, inviolable and universal peace and sincere friendship between their high mightinesses the lords, the states general of the United Netherlands and the United States of America; and between the subjects and inhabitants of the said parties, and between the countries, islands, cities and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants of every degree, without exception of persons or places. ART. 2 The subjects of the said states general of the United Netherlands, shall pay in the ports, havens, roads, countries, islands, cities or places of the United States of America, or any of them, no other nor greater duties or impost, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall en. joy, whether in passing from one port to another in the said states, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports. ART 3 The subjects and inhabitants of the said United States of America, shall pay in the ports, havens, roads, countries, islands, cities or places of the said United Nether lands, or any of them, no other nor greater duties or imposts of whatever nature and denomination they may be, than those which the nations the most favoured are or shall be ob liged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, Whether in passing from one port to another in the said states, or from any one towards any one of those ports, from or to any foreign port of the world: and the United States VOL. IV. 19 of America, with their subjects and inhabitants, shall leave to those of their high mightinesses, the peaceable enjoyment of their rights in the countries, islands and seas in the East and West-Indias, without any hindrance or molestation. ART. 4. There shall be an entire and perfect liberty of conscience allowed to the subjects and inhabitants of each party, and to their families, and no one shall be molested in regard to his worship, provided he submits as to the public demonstration of it, to the laws of the country: there shall be given moreover liberty, when any subjects or inhabitants of either party shall die in the territory of the other, to bury them in the usual burying places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require and the dead bodies of those who are buried, shall not in any wise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested. ART. 5. Their high mightinesses, the states general of the United Netherlands, and the United States of America shall endeavour, by all the means in their power, to defend and protect all vessels and other effects belonging to their subjects and inhabitants respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover and cause to be restored to the true proprietors, their agents or attornies, all such vessels and effects, which shall be taken under their jurisdiction: and their vessels of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessels belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace, and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route; and they shall defend such vessels as long as they shall hold the same course, or follow the same route, against all attacks, force and violence of the common enemy, in the same manner, as they ought to protect and defend the vessels, belonging to their own respective subjects. ART. 6. The subjects of the contracting parties may, on one side and on the other, in the respective countries and states, dispose of their effects by testament, donation or otherwise, and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab in testato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or prerogatives of any province, city or private person; and if the heirs, to whom such successions may have fallen, shall be minors, the tutors or curators, established by the judge domiciliary of the said minors, may govern, direct, administer, sell and alienate the effects fallen to the said minors, by inheritance; and in general, in relation to the said successions and effects, use ail the rights and fulfil all the functions, which belong by the disposition of the laws, to guardians, tutors, and curators; provided nevertheless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal in strument. ART. 7. It shall be lawful and free for the subjects of each party, to employ such advocates, attornies, notaries, solicitors or factors, as they shall judge proper. ART. 8. Merchants. masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandises, and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores or dominations whatsoever of the other confederate, for any military expedition, public or private use of any one, by arrests, vio. lence or any colour thereof; much less shall it be permitted to the subjects of either party, to take or extort by force, any thing from the subjects of the other party, without the consent of the owner: which however is not to be understood of seizures, detentions and arrests, which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof, the proceedings must be, by way of law, according to the forms of justice. ART. 9. It is further agreed and concluded, that it shall be wholly free for all mer. chants, commanders of ships and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two powers respectively, to manage themselves, their own business. And moreover as to the use of interpreters, or brokers, as also in relation to the loading or unloading of their vessels, and every thing which has relation thereto, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or at least upon an equality with the most favoured nation ART. 10. The merchant-ships of either of the parties coming from the port of an enemy, or from their own or a neutral port, may navigate freely towards any port of an ene |