by Jonathan Elliot

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Friday, May 30, 1783

The debates on the report recommending to the states a compliance with the fourth, fifth, and sixth of the provisional articles were renewed; the report being finally committed, nem. con. See Secret Journal.

The report, including the objections to interest on British debts, was also agreed to, nem. con.; not very cordially by some who were indifferent to the object, and by others who doubted the mode of seeking it by a new stipulation.⁴³

Journals of the Continental Congress, 1774-1789 

Mr. Richard Beresford, a delegate for South Carolina, attended, and produced the credentials of his appointment, by which it appears, that on the 15 March last he was duly elected.

In The House Of Representatives

March ye 15th. 1783

State Of South Carolina,

The Honorable The Senate attended and together with this House Voted for another Delegate to represent this State in Congress.

On Casting up the Ballots Mr. Speaker declared The Honorable Richard Beresford Esquire to be duly Elected.

I do hereby certify that the above is a true Extract taken from the Journals of the House of Representatives.

John Sandford Dart, C H R¹

[Note 1: The original is in the Papers of the Continental Congress, South Carolina, Credentials of Delegates. It was entered in No. 179, Record of Credentials, and not in the Journal.]

The committee, consisting of Mr. [Alexander] Hamilton, Mr. [Oliver] Ellsworth, Mr. [Ralph] Izard, Mr. [James] Madison and Mr. [Benjamin] Hawkins, appointed to take into consideration and report to Congress what further steps are proper to be taken by them for carrying into effect the stipulations contained in the articles between the United States and Great Britain, dated the 30 day of November last, having reported as follows:

“Whereas by the treaty entered into at Paris, on the 30 day of November last, between the commissioners for making peace on the part of the United States, and the commissioner for making peace on the part of his Britannic Majesty, it is stipulated, among other things, in the 4th, 5th and 6th articles, as follows:

“Art. 4. It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.

“Art. 5. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty’s arms, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties as may have been confiscated. And that Congress shall also earnestly recommend to the several states, a re-consideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states, that the estates, rights and properties of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.

“And it is agreed, that all persons who may have any interest in confiscated lands, either by debts, marriage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

“Art. 6. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for, or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage, either in his person, liberty or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.”

And whereas, Congress are desirous of giving speedy and full effect to all the stipulations in the said treaty on the part of the United States, and of accelerating thereby the blessings of peace, in confidence, that the conduct of his Britannic Majesty will be governed by a like disposition; therefore,

Resolved, That the several states be required, and they are hereby required to remove all obstructions which may interpose in the way of the entire and faithful execution of the 4th and 6th articles above recited. And that it be at the same time earnestly recommended to them, to take into serious consideration the 5th article also above recited, and to conform to the several matters therein contained, with that spirit of moderation and liberality, which ought ever to characterise the deliberations and measures of a free and enlightened nation.¹

[Note 1: 1 This report, and the vote following it, were also entered in the manuscript Secret Journal, Foreign Affairs.]

A motion was made by Mr. [Richard] Peters, seconded by Mr. [Ralph] Izard, that the said report be committed,

And on the question for commitment, the yeas and nays being required by Mr. [Alexander] Hamilton,

{table}

So it was resolved in the affirmative.

On motion of Mr. [Theodorick] Bland, seconded by Mr. [Benjamin] Hawkins:

Resolved, That no commercial agent of the United States in foreign ports shall be entitled to a salary, unless such salary is expressed in the resolution appointing the agent.²

[Note 2: This resolution, in the writing of Benjamin Hawkins, is in the Papers of the Continental Congress, No. 36, II, folio 141.
The resolution and the paragraph following it were also entered in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III. The proceedings for the remainder of the day are in the three Secret Journals but not in the Public Journal.]

Congress proceeded to the election of a commercial agent of the United States, at the port of Havannah, and, the ballots being taken, Mr. Oliver Pollock was elected, having been previously nominated by Mr. [Abraham] Clark.

The committee, consisting of Mr. [John Francis] Mercer, Mr. [Thomas] Fitzsimmons and Mr. [Theodorick] Bland, to whom were referred the resolutions of the General Assembly of Virginia, passed on the 17th of December, 1782, and a letter of the 19th March,

1783, from the supreme executive council of the State of Pensylvania, report,

That by the resolutions of the General Assembly of Virginia, the delegates of that State are instructed to move Congress, that they may direct their deputies who shall represent these states in the general Congress for adjusting a peace or truce, neither to agree to any restitution of property confiscated by the State, nor submit that the laws made by any independent State of this union be subjected to the adjudication of any power or powers on earth.

Upon these resolutions the committee remark, that by the 5th Article of the provisional treaty concluded between the ministers of these United States, and the ministers of his Britannic Majesty it is agreed that Congress shall recommend to the several states a reconsideration of all acts or laws for confiscating property. Whreh implies that the states may judge for themselves how far they will comply with that requisition. But in the fourth Article of the provisional treaty, concluded between the ministers of these United States and the Commissioner of his Britannick Majesty, it is expressly stipulated, “that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.” From which stipulation the committee conceive the commissioners of these states cannot retract without a violation of the national faith; and that the honour and the interest of these United States require that it should be substantially complied with.

Resolved, That Congress agree to the said report.

The committee, consisting of Mr. [James] Wilson, Mr. [Gunning] Bedford and Mr. [John Francis] Mercer, to whom was referred so much of the report of the foregoing committee as related to the letter from the executive council of Pensylvania, together with sundry motions made in Congress, report,

That the letter from the executive council of Pensylvania is well worthy the serious consideration of Congress and, stating the hardships which will arise to the citizens of Pensylvania, if the fourth article in the treaty aforesaid is taken strictly, brings to view the situation of numbers of the inhabitants of every State who are debtors to people residing in Great Britain.

It may be proper to remark to Congress, that at the commencement of the present war, when the policy of this country forbid its inhabitants to trade it became impracticable to make remittances for the payments of debts due in Europe, and that great numbers of commercial people from prudential as well as from patriotic views lent to the public that money which they had before employed in their commerce.

It is well known too that merchants residing in these states who had considerable debts due to them were obliged by tender laws to receive paper money in every stage of its depreciation by which means a considerable portion of their debts were actually sunk, and as the public cannot immediately repay the sums lent to them and their securities cannot be negotiated without great loss, the Committee are of opinion that a time should be limited before which those debts should not be recoverable.

Thatthe Assembly of Pensylvaniaseveral states in the union have found it necessary to restrict the recovery of debts due among their own citizens, before the present war, upon principles of justice and convenience; nor can foreigners complain of being put upon the same footing: Whereupon,

Resolved, That the ministers of these United States for making peace with Great Britain be instructed to represent to the ministers of that kingdom the hardshipand injusticewhich would result to the citizens of these United States if their creditors in Great Britain were permitted to press them for the immediate payment of the debts contracted before the war; and to endeavour to procure such an amendment as that no execution shall issue for any debt contracted before the war, in less than three years after the signing of the definitive treaty.³

[Note 3: To this point the report, in the writing of James Wilson, is in the Papers of the Continental Congress, No. 20, II, folio 153. The indorsement, together with the record in Committee Books 186 and 191, shows that the Pennsylvania letter and resolutions were referred, on March 20, to Mr. [Samuel] Osgood, Mr. [John Francis] Mercer and Mr. [Thomas] FitzSimons. They delivered a report April 1, which was recommitted, on May 20, with a motion of Mr. [James] Madison respecting Canadians, and a motion of Mr. [Alexander] Hamilton respecting a naval force on the lakes, to Mr. [John Francis] Mercer, Mr. [Thomas] FitzSimons and Mr. [Theodorick] Bland. This committee reported on May 29, and their report was recommitted, the same day, to Mr. [James] Wilson, Mr. [Gunning] Bedford and Mr. [John Francis] Mercer, who reported May 30.]

And that the said ministers be informed, that Congress are of opinion, that all demands for interest accruing during the war would be highly inequitable and unjust. The citizens of these United States, subjected by the war commenced by Great Britain, to continual depredations of private property peculiarly distressing to individuals, have been excluded in a great measure from a commercial intercourse with foreign nations, and consequently deprived of all mart for their produce. They cannot, therefore, consistently with the plain principles of justice be said to have enjoyed the use of the capital sums due from them previous to the war, the only equitable foundation of a claim to interest; but have stood the involuntary insurers of their original debts under circumstances manifestly prejudicial, and attended with certain loss. And if the said ministers shall find it necessary or expedient, it is the desire of Congress, that they endeavour to obtain a precise definition of that article of the preliminary treaty which stipulates payment of debts, expressly excluding all demand for interest, in order to prevent any disputes which may hereafter arise from the inexplicit terms of that article.

That the said ministers be farther instructed, to contend for an express stipulation in the definitive treaty of peace, providing for a fair liquidation of all
charges for subsistence of prisoners of war, and other reasonable demands, and for a proper provision for the discharge, in a reasonable period, of whatever balances may appear to be justly due.

The Committee [Mr. John Rutledge, Mr. William Hemsley, Mr. Stephen Higginson] on the letter of March 20, 1783, from the Governor of New York Report,

That they have considered the matter referred to them, and submit, as their opinion, that the land and jurisdiction offered to Congress, by the Corporation of Kingston and the Legislature of New York are too limited; but, that, if the corporation will grant a tract of three miles square, or to the limit of that quantity, and the state will vest in Congress an exclusive jurisdiction, in all criminal matters arising within that district, it may be advisable for Congress to accept such grant and fix upon the said district, as a place for their residence, and that of their several officers.⁴

[Note 4: This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 20, I, folio 385. According to the indorsement and the record in Committee Book No. 191, it was delivered this day, entered and read; acted upon June 4, and filed.]

That a Committee be appointed to consider of the best manner of carrying into execution the engagements of the United States for certain allowances of land to the Army at the conclusion of the war.⁵

[Note 5: This motion, in the writing of Alexander Hamilton, undated, is in the Papers of the Continental Congress, No. 21, folio 354. It is indorsed: “Grand Committee, Mr. [Samuel] Holten, Mr. [Jonathan] Arnold, Mr. [Oliver] Ellsworth, Mr. [Alexander] Hamilton, Mr. [Abraham] Clark, Mr. [James] Wilson, Mr. [Gunning] Bedford, Mr. [John Francis] Mercer, Mr. [Benjamin] Hawkins, Mr. [John] Rutledge. To meet tomorrow morning at nine o’clock in the committee chamber.” See post, June 4.]

Letters of Delegates to Congress: Volume 20 March 12, 1783 – September 30, 1783

Ralph Izard to Arthur Middleton

Dear Sir Philadelphia 30th. May 1783.
By Mr. Beresford (1) I was favoured with your Letter of 15th instant; & he at the same time delivered me 320 Dollars from you. Your drafts in favour of Walker, & Reedle amount to no more than 260 Dollars; so that I am at a loss to know why you have [in the language of the Chief Magistrate of a very respectable State](2) superadded Sixty Dollars: I shall however keep them, & be ready to pay them to your order.
My House, you say, is in a very ruinous condition. And this, in spite of my Lares; those beautiful & elegant plaster-headed household Gods, who could have been posted on the outward Wall, for no other purpose, but that of affording protection. I hope it will not be inconsistent with the plan to be formed by you, and Dr. Drayton, to have them dismissed, the old bricks rubbed from the top of the House, to the bottom, & the interstices new pointed. My intention is to have a Piazza in each Front, & an Area sunk; to give light to the Offices under the House. I have written to London for a Carpenter, & Builder. If I am so fortunate as to get such a one as McKenzie, or Bernard Elliott had, he will be very serviceable, & save me a great deal of expence. I am sorry to learn that so many of your Negroes are still missing; & the more so, as I fear that it will not be an easy matter to recover them. Sr. Guy Carleton has very explicitly given it as his opinion that the Negroes within the British Lines can not be claimed by virtue of the Preliminary Treaty, as property belonging to the Citizens of the United States, because they have been declared free by Proclamations, issued by Officers acting under the authority of the King of Great Britain. This is a most impudent evasion of the Treaty; & yet we are not in a condition to help ourselves. The conduct of the States respecting Revenue, has so totally annihilated all Continental Strength, & credit, that no Enemy need be afraid of insulting us. If the most Southern States do not in the course of a few years exhibit some melancholy proofs of the truth of this observation, I shall be greatly mistaken. The Delegates from those States which are most immediately interested in Carleton’s affected misconstruction of the Article in the Treaty, respecting the Negroes, have attempted everything in their power to obtain redress. A majority of Congress were afraid to make an express declaration that the British had violated it. It was said that a renewal of hostilities might be the consequence of such declaration, & the case of General Burgoyne was adduced as a proof of the danger of declaring a Treaty broken. It is most certain that without money, and without credit we are by no means in a condition to continue the War: but bad as the British Ministry are, I can hardly think it possible that they should have the effrontery to support Carleton in the measure I have mentioned. Besides, it is very well known that though we are not at our ease, they can not be said to be on a bed of Roses: Peace was almost as desirable an event to them, as to us. We therefore urged the necessity that Congress should signify their disapprobation of Carleton’s conduct, & would not consent that the Army should be furloughed, till our proposition, (which I now enclose)(3) was complied with. I thank you for your congratulations on the arrival of my family, but am sorry to inform you that it is a mistake. My last Letter from my Wife is dated at Paris the 10th of April. The four youngest Children had just recovered from the Measles. They were to set out for Bourdeaux on the 22d of that Month, & expected to sail from thence for Philadelphia, about the 10th of this. Miss Stead is with them, & accompanies them to America. I beg to be affectionately remembered to Mrs. Middleton, & the Children, & am with great regard Dr. Sr., Your friend & hble Servt. Ra. Izard

RC (ScHi: Middleton Papers).
1 Richard Beresford had just arrived in Philadelphia and took his seat in Congress this day. JCC, 24:369.
2 The passage within brackets appears to have been added later, in a space which Izard originally left blank.
3 For the enclosed May 26 congressional resolve, concerning Britain’s responsibility to evacuate the United States “without causing any destruction, or carrying away any negroes or other property of the American inhabitants,” see JCC, 24:363-64.

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