University of Virginia Library

MONDAY APRIL 14.

The Committee on the report of the Secretary of foreign
Affrs. reported as follows. Mr. Hamilton dissenting.

1.

• That it does not appear that Congress are any wise bound
  to go into the ratification proposed. “The Treaty” of which a ratification
  is to take place, as mentioned in the 6th. of the Provisional
  articles, is described in the title of those articles to be “a Treaty of
  Peace proposed to be concluded between the Crown of G. B. and
  the said U. S., but which is not to be concluded until terms of
  Peace shall be agreed upon between G. B. & France.” The Act
  to be ratified therefore is not the Provl. articles themselves, but
  an Act distinct,—future,—and even contingent. Again altho' the
  Declaratory Act entered into on the 20th. of Jan.y last, between the
  American & British Plenipotentiaries relative to a cessation of
  hostilities, seems to consider the contingency on which the
  Provl. articles were suspended as having taken place, yet that act
  cannot itself be considered as the Treaty of Peace meant to be
  concluded; nor does it stipulate that either the Provl. articles, or
  the act itself should be ratified in America; it only engages that
  the U. S. shall cause hostilities to cease on their part, an
  

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  engagement which was duly fulfilled by the Proclamation issued on
  the 11th. instant; lastly it does not appear from the correspondence
  of the American Ministers, or from any other information, either
  that such ratification was expected from the U. S. or intended on
  the part of G. B.; still less that any exchange of mutual
  ratifications has been in contemplation.

2.

• If Congress are not bound to ratify the articles in question,
  the Come are of opinion that it is inexpedient for them to go immediately
  into such an Act; inasmuch as it might be thought to
  argue that Congress meant to give to those articles the quality
  & effect of a definitive Treaty of Peace with G. B., tho' neither
  their allies nor friends have as yet proceeded farther than to sign
  preliminary articles; and inasmuch as it may oblige Congs to fulfil
  immediately all the stipulations contained in the provl articles,
  tho' they have no evidence that a correspondent obligation will
  be assumed by the other party.

3.

• If the ratification in question be neither obligatory nor expedient,
  
  the Come are of opinion, that an immediate discharge of
  all prisoners of war,[91] on the part of the U. S., is premature and
  unadvisable; especially as such a step may possibly lessen the
  

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  force of demands for a reimbursement of the sums expended in
  the subsistence of the prisoners.

Upon these considerations the Come recommend that a
decision of Congs on the papers referred to them be postponed.

On this subject a variety of sentiments prevailed.

Mr. Dyer, on a principle of frugality was strenuous for a
liberation of the prisoners.

Mr. Williamson thought Congs not obliged to discharge the
Prisoners previous to a definitive treaty, but was willing to go into
the measure as soon as that public honor would permit. He
wished us to move pari passu, with the British Com̃ander at New
York. He suspected that the place would be held till the
interests of the Tories should be provided for.

Mr. Hamilton contended that Congress were bound, by the
tenor of the Provl. Treaty immediately to Ratify it, and to
execute the several stipulations inserted in it; particularly that
relating to a discharge of Prisoners.

Mr. Bland thought Congs. not bound.

Mr. Elseworth was strenuous for the obligation and policy of
going into an immediate execution of the treaty. He supposed
that a ready & generous execution on our part wd. accelerate the
like on the other part.

Mr. Wilson was not surprised that the obscurity of the Treaty
sd. produce a variety of ideas. He thought upon the whole that
the Treaty was to be regarded as “contingently definitive.”

The Report of the Come. being not consonant to the prevailing
sense of Congs., it was laid aside.