The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
 |
|
SATURDAY APL 12. |
 | The writings of James Madison, |  |
SATURDAY APL 12.
A letter of the 16th. of Dec O. S. was recd. from Mr. Dana, in
which he intimates that in consequence of the news of peace
taking place & independence being acknowledged by G. B. he
expected soon to take his proper station at the Ct of St. Petersburg
& to be engaged in forming a Commercial Treaty with her
Imperial Majesty.
Mr. Madison observed that as no powers or instructions had
been given to Mr. Dana relative to a Treaty of Com̃erce, he apprehended
there must be some mistake on the part of Mr. Dana;
that it wd be proper to inquire into the matter & let him know the
intentions of Congs on this subject. The letter was committed
to Mr. Madison Mr. Ghorham & Mr. Fitzsimmons.
Mr. Rutledge observed that as Ye. instructions to Foreign Ministers
now stood it was conceived they had no powers for commercial
stipulations other than such as might be comprehended in
a definitive Treaty of Peace with G. B. He said he did not pretend
to commercial knowledge but thought it wd be well for the
U. S. to enter into commercial Treaties with all nations & particularly
with G. B. He moved therefore that the Come sd be
instructed to prepare a General Report for that purpose.
Mr. Madison & Mr. Fitzsimmons thought it wd be proper to be
very circumspect in fettering our trade with stipulations to foreigners,
that as our stipulations wd extend to all the possessions
of the U. S. necessarily—& those of foreign Nations havg colonies
to part of their possessions only; and as the most favd nations enjoyed
greater privileges in the U. S. than elsewhere. The U. S.
gave an advantage in Treaties on this subject, & finally that negotiations
ought to be carried on here, or our Ministers directed to
conclude nothing without previously reporting every thing for the
the general state of instructions existing on the subject of
Commercial Treaties.
Congress took into consideration the report of the Secy for
F. A. for immediately setting at liberty all the Prisoners of war &
ratifying the provisional articles. Several members were extremely
urgent on this point from motives of Oeconomy. Others
doubted whether Congs were bound thereto, & if not bound
whether it would be proper. The first question depended on the
import of the provisional articles, which were very differently interpreted
by different members. After much discussion from
which a general opinion arose of extreme inaccuracy & ambiguity
as to the force of these articles, the business was committed to
Mr. Madison, Mr. Peters, & Mr. Hamilton who were also to report
on the expediency of ratifying the said articles immediately.
| The writings of James Madison, | |