Adjourned to 10 o'Clock on Monday.
During the adjournment, Mr. [Simeon] Deane, brother to S [ilas] Deane, Esqr one of the commissioners at the court of Versailles, arrived express from France, with sundry important despatches; Whereupon,
Congress was convened, and the despatches laid before them. Among which a treaty of commerce and alliance, concluded between the king of France and the United States of America, on the 6 February last.
Congress took into consideration the treaties concluded between the king of France and the United States of America, and after some time spent thereon, adjourned to 3 o'Clock.
Congress resumed the consideration of the treaty of amity and commerce concluded at Paris, on the 6th of February, between the most Christian king and the United States of America, and signed by Conrad Alexander Gerard, plenipotentiary, on the part of his most Christian Majesty, and Benjamin Franklin, Silas Deane and Arthur Lee, plenipotentiaries on the part of the United States of America, and the same being read, duly weighed and considered.
Resolved unanimously, That the same be and is hereby ratified.
Congress also took into consideration the treaty of Alliance, concluded at Paris on the 6 day of February, 1778, between the most Christian King and the United States of America, and signed by Conrad Alexander Gerard, plenipotentiary on the part of his most Christian Majesty, and Benjamin Franklin, Silas Deane, and Arthur Lee, plenipotentiaries on the part of the United States of America, and the same being read, duly weighed and considered.
Resolved, unanimously, That the same be and is hereby ratified.
Congress also took into consideration an "Act separate and secret ", concluded at Paris, the 6 day of February, 1778, between his most Christian Majesty and the United States of America, signed as the above, and the same being duly weighed,
Resolved, unanimously, That the same be, and is hereby ratified.
Resolved, That this Congress entertain the highest sense of the magnanimity and wisdom of his most Christian majesty, so strongly exemplified in the treaty of amity and commerce, and the treaty of alliance, entered into on the part of his majesty, with these United States, at Paris, on the 6th day of February last; and the commissioners, or any of them, representing these States at the court of France, are directed to present the grateful acknowledgments of this Congress to his most Christian majesty, for his truly magnanimous conduct respecting these states, in the said generous and disinterested treaties, and to assure his majesty, on the part of this Congress, it is sincerely wished that the friendship so happily commenced between France and these United States may be perpetual.
Resolved, That a committee of three be appointed to prepare the form of ratification of the foregoing treaties:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Francis] Dana, and Mr. [William Henry] Drayton.
[Adjourned to 10 o'Clock to Morrow.]
Resolved, That the commissioners, or any one of them, representing these states at the court of France, be instructed to inform that court that, although Congress have readily ratified the treaties of amity and commerce, and treaty of alliance, and the act, separate and secret, between his most Christian majesty and these United States, in order to evince more clearly their sense of the magnanimity and goodness of his most Christian majesty, evidenced in the said treaties; yet, Congress are of The opinion that dissentions may hereafter arise from the imposition of duties upon on the produce of these states might be prevented by means of the prohibition contained in the 12 Article of the said treaty; wherefore relying on the same magnanimity and desire of permanent friendship and mutual advantage between the two countries which have strongly marked the councils of France in this treaty, and sincerely desirous of establishing the most permanent and perpetual friendship and alliance founded on equal interest and convenience have no doubt but that it will be agreed that the from a sincere desire of rendering the friendship and alliance, so happily begun, permanent and perpetual, and being apprehensive that differences may arise from the 11 and 12 articles in the treaty of amity and commerce, Congress are desirous that the said 11 and 12 articles may be revoked and utterly expunged:
The commissioners, or any of them, are therefore instrueted to use their best endeavours to procure the abolition of the said 11 and 12 articles of the said treaty.
| Massachusetts bay, | Mr. Lovell, Dana, |
ay ay |
* |
| Rhode Island, | Mr. Ellery, | no | no |
| Connecticut, | Mr. Sherman, Huntington, Wolcott, |
ay ay ay |
ay |
| New York, | Mr. Livingston, Morris, |
ay ay |
ay |
| New Jersey, | Mr. Scudder, | ay | ay |
| Pensylvania, | Mr. James Smith, J. B. Smith, Clingan, |
no no ay |
no |
| Maryland, | Mr. Chase, Carroll, Henry, Plater, |
ay ay ay ay |
ay |
| Virginia, | Mr. R. H. Lee, F. H. Lee, Adams, |
ay ay ay |
ay |
| South Carolina, | Mr. Laurens, Drayton, Hutson, Mathews, |
ay ay ay ay |
ay |
| Georgia | Mr. Langworthy | ay | ay |
The committee appointed to prepare the form of a ratification, brought in the same, which was read and agreed to:
The Congress of the United States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, by the grace of God, sovereign, free and independent; to all who shall see these presents, greeting:
Whereas, in and by our commission, dated at Philadelphia, the 30th day of September, in the year of our Lord one thousand seven hundred and seventy six, Benjamin Franklin, one of the delegates in Congress from the state of Pennsylvania, and president of the convention of the said State, &e. Silas Deane, late a delegate from the State of Connecticut, and Arthur Lee, barrister at law, were nominated and appointed our commissioners, with full powers to treat, agree, and conclude with his most Christian majesty the king of France, or with such person or persons as should be by him for that purpose authorized, of and upon a true and sincere friendship, and a firm, inviolable, and universal peace, for the defence, protection, and safety of the navigation and mutual commerce of the subjects of his most Christian majesty and the people of the United States, we, promising in good faith to ratify whatsoever our said commissioners should transact in the premises; and, whereas, our said commissioners, in pursuance of their full powers, on the 6th day of February last, at Paris, with Conrad Alexander Gerard, royal syndic of the city of Strasburg, secretary of his most Christian majesty's council of state, by virtue of powers plenipotentiary to him granted by his most Christian majesty, and dated the 30th day of January, in the year of our Lord one thousand seven hundred and seventy eight, did conclude and sign, on the part of the crown of France, and of the United States of America, a (treaty of amity and commerce, or treaty of alliance, or act separate and secret)in the following words, (here insert the respective treaties verbatim, French and English).
Now know ye, that we, the said Congress, have unanimously ratified and confirmed, and by these presents do ratify and confirm the said treaty, and every part, article, and clause thereof, on our part concluded and signed as aforesaid; and further do authorize and direct our commissioners at the court of France, or any of them, to deliver this our act of ratification in exchange for the ratification of the said treaty on the part of his most Christian majesty the king of France and Navarre.
Done in Congress at York town, in the state of Pennsylvania, this 4th day of May, in the year of our Lord one thousand seven hundred and seventy eight.
In testimony whereof, the President, by order of the said Congress, hath subscribed his name and affixed his seal.
Attest. President, (L. S.)
Secretary.
Ordered, That six copies of the treaties, with the ratification agreed to, be made out and transmitted by the Committee for Foreign Affairs to the commissioners of the United States at the court of France, by different conveyances.
Ordered, That the Marine Committee provide vessels for carrying the said despatches.
Ordered, That the committee appointed to prepare the form of ratification, &e. be directed to prepare a proper publication on the present occasion.
The committee appointed to prepare a publication, brought in a draught which was read, and after debate,
Resolved, That the same be re-committed.
That Mr. G[ouverneur] Morris be added to the said committee.
The committee to whom was re-committed the draught for publication, brought in another draught, which was taken into consideration, and agreed to as follows:
Whereas, Congress have received from their commissioners at the court of France, copies of a treaty of amity and commerce, and of a treaty of alliance, between the crown of France and these United States, duly entered into and executed at Paris, on the 6th day of February last, by a minister properly authorized by his most Christian majesty on the one part, and the said commissioners on the other part: and whereas, the said treaties have been maturely considered and unanimously ratified and confirmed by Congress;
It is recommended to the Inhabitants of these United States, that they regard and treat the subjects of France as those of a magnanimous and generous Ally. For it is with pleasure that Congress inform the Public that his most Christian Majesty, declining to avail himself of the situation of these United States, engaged in a war with a powerful and cruel enemy, hath with a magnanimity becoming a great Prince, generously treated on terms of perfect equality and mutual benefit. And to the end Mat all proper alacrity may be strewn in giving aid and protection to the commerce, property and persons, of the subjects of his Most Christian Majesty, the following extracts from said Treaties are published for the information of all, and for regulating the conduct of those whom it may more immediately concern.
in which said treaty of amity and commerce are the articles following, to wit: (here insert Art. 6, 7, 14, 15, 16, 17, 20, 21, 25, 26, 27, and 29, with the form of the passports.) Now, therefore, to the end, that the said treaty may be well and faithfully performed and kept on the part and behalf of these United States:
Resolved, That all captains, commanders, and other of officers and seamen belonging to any of the vessels of war of these United States, or any of them, or of any private armed vessels commissioned by Congress, and all other the subjects of these United States, do govern themselves strictly in all things according to the above recited articles; and that they do afford the same aid and protection to the persons, commerce and property of the subjects of his most Christian majesty, as is due to the persons, commerce and property of the inhabitants of these United States;
And further it is recommended to all the inhabitants of these states to consider the subjects of his most Christian majesty as their brethren and allies, and that they behave towards them with the friendship and attention due to the subjects of a great prince, who, with the highest magnanimity and wisdom hath treated with these United States on terms of perfect equality and mutual advantage, thereby rendering himself the protector of the rights of mankind.
Resolved, That a committee of three be appointed to prepare an address to the inhabitants of these states, upon the present situation of public affairs:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Samuel] Chase and Mr. [Gouverneur] Morris.
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Source: Journals of Congress |