appointed to make the necessary arrangements for the public audience of General Washington,

Resolved, That the order for the public audience of General Washington be as follows:

1. The President and members are to be seated and covered, and the secretary to be standing by the side of the President.

2. The arrival of the General is to be announced by the messenger to the secretary, who is thereupon to introduce the General attended by his aids to the Hall of Congress.

3. The General being conducted to a chair by the secretary is to be seated with an aid on each side, standing, and the secretary is to resume his place.

4. After a proper time for the arrangement of spectators, silence is to be ordered by the secretary, if necessary, and the President is to address the General in the following words:

"Sir, The United States in Congress assembled are prepared to receive your communications.”

Whereupon the General is to arise and address Congress, and being seated again after which he is to deliver [his Commission and a] copy of his address to his aid to be presented to the Secretary [to the President]

5. The aid [General] having resumed his place, by the side of the General the President is to deliver the answer of Congress, which the General is to receive standing.

6. The President having finished, the secretary is to deliver the General a copy of the address answer, and receive the commission from the General, whe [and the General] is then to take his leave.

When the General rises to make his address, and also when he retires, he is to bow to Congress, which they are to return by uncovering without bowing.1

1 This report, in the writing of Elbridge Gerry, the words in brackets being in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 19, VI, folio 457.

The Committee consisting of M: [Thomas] Jefferson, M: [Elbridge] Gerry, and M [Hugh] Williamson to whom were referred the letters of the Ministers for the U. S. in Europe have agreed to the following Report:

They find that instructions bearing date the 29 of October, 1783, were sent to the Ministers Plenipotentiary of the U. S. of America at the Court of Versailles empowered to negotiate a peace, or to any one or more of them for concerting draughts or propositions for treaties of amity and commerce with the commercial powers of Europe; but that their powers will not extend to the actual signature of any such treaty, nor to negotiate with any State or power out of Europe.

They do not find that any commission consonant with these instructions has been issued to the said Ministers.

Postponed from [

They are of opinion it will be advantageous to these United States to conclude such treaties with Russia Germany, the Court of Vienna, Prussia, Denmark, The Elector of Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, [Rome, Naples, Venice, Sardinia and the Ottoman Porte, for its possessions in Europe, Asia and Africa.] That in the formation of these Treaties the following points be carefully stipulated:

1. That each party shall have a right to carry their own produce, manufactures and merchandize in their own bottoms to the ports of the other and thence to take the produce and merchandize of the other paying in both cases such duties only as are paid by the most favored nation, freely where it is freely granted to such nation, or paying the compensation where such nation does the same.

2. That with the nations holding territorial possessions in America a direct and similar intercourse be admitted between the U. S. and such possessions, or if this cannot be obtained then a direct and similar intercourse between the U. S. and certain free ports within such possessions; that if this neither can be obtained, permission be stipulated to bring from such possessions in their own bottoms the produce and merchandize thereof to these States directly and for these States to carry in their own bottoms their produce and merchandize to such possessions directly, or lastly a permission to the inhabitants of such possessions to carry their produce and merchandise in their own bottoms to the free ports of other nations, [and

thenee to take back directly the produce and merchandise of these States.11

3. That these U. S., being by their constitutions consolidated inte one feederal republie, they be considered in all such Treaties and in every case arising under them as one Nation [upon the principles of the fœderal Constitution.]*

4. That it be proposed, though not indispensably required, that if war should hereafter arise between the two contracting parties the merchants of either Country then residing in the other shall be allowed to remain 9 months to collect their debts and settle their affairs and may depart freely carrying off all their effects without molestation or hindrance, and all fishermen, all cultivators of the earth and all artizans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labour for the common subsistence and benefit of mankind, and peaceably following their respective employments shall be allowed to continue the same, and shall not be molested by the armed force of the enemy in whose power by the events of war they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force the same shall be paid for at a reasonable price, and all merchants and traders exchanging the products of different places and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain and more general, shall be allowed to pass free and unmolested and neither of the contracting powers shall grant or issue any Commission to any private armed vessel, empowering them to take or destroy such trading ships or interrupt such Commerce.

5. And in case either of the Contracting parties shall happen to be engaged in war with any other nation, it be farther agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandize heretofore called contraband, such as arms, ammunition and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other shall on any account be deemed contraband, so as to induce confiscation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such ships, and detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, [paying however a reasonable 1 The words in brackets are in the handwriting of Thomas Jefferson. 2 The words in brackets are in the writing of Hugh Williamson.

compensation for the loss such arrest shall occasion to the proprietors; and it shall farther be allowed to use in the service of the captors the whole or any part of the military stores so detained paying the owners the full value of the same, to be ascertained by the current price at the place of its destination; but if the other contracting party will not consent to discontinue the confiscation of contraband goods, then that it be stipulated that if the master of the vessel stopped will deliver out the goods charged to be contraband, he shall be admitted to do it and the vessel shall not in that case be carried into any port; but shall be allowed to proceed on her voyage.

6. That in the same case where either of the contracting parties shall happen to be engaged in war with any other power, all goods not contraband belonging to the subjects of that other power and shipped in the bottoms of the party hereto who is not engaged in the war shall be entirely free, and that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament when the assailing power shall have taken such a station as to expose to eminent danger any ship or ships, that would attempt to sail in or out of the said ports, and that no vessel of the party who is not engaged in the said war shall be stopped without a material and well grounded cause, and in such cases justice shall be done, and an indemnification given without loss of time to the persons aggrieved and thus stopped without sufficient cause.]'

7. That no rights be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy; [but where on the death of any person holding real estate, within the territories of one of the contracting parties, such real estate would by their laws descend on a subject or citizen of the other, were he not disqualified by alienage, there he shall be allowed a reasonable time to qualify himself for holding it by changing his country and allegiance to dispose of the same, and withdraw the proceeds without molestation.]"

8. That such Treaties be limited to the made for a term not exceeding 10 years from the exchange of ratifications.

[9. That these instructions be considered as supplementary to those of Oct. 1783 and not as revoking except where they contradict them. That our ministers be informed that such articles as may be 1 The portion in brackets is in the writing of Thomas Jefferson. 2 The portion in brackets is in the writing of Thomas Jefferson.

disagreeable to the other party, and are indifferent to us in point of interest we mean not that they should insist on indispensably. That where in treaty with a particular nation, they can procure particular advantages, to the specification of which we have been unable to descend, our object in these instructions having been to form outlines only and general principles of treaty with many nations, it is our expectation they will procure them, tho not pointed out in these instructions (and where they may be able to form treaties on general principles which in their judgement will be more beneficial to the United States than those herein directed to be made their basis, they are notwithstanding anything herein permitted to adopt such and agree to such principles.) That as to the duration of the treaties, tho' we have proposed to restrain them to the term of 10 years, yet they are at liberty to extend the same as far as 15 years with any nation which may pertinaciously insist thereon; and that it will be agreeable to us to have supplementary treaties with France, the United Netherlands and Sweden, which may bring the treaties we have entered into with them as nearly as may be to the principles of those now directed; but that this be not pressed if the proposal should be found disagreeable.]1

That treaties of amity or of amity and commerce be entered into with Morocco, and the other states on the coast of Barbary Regencies of Algiers, Tunis and Tripoli [to continue for the same term of 10 years, or for a term as much longer as can be procured.]2

That our Ministers to be commissioned for treating with foreign nations, make known to the Emperor of Morocco the great satisfaction which Congress feel from the amicable disposition he has shewn towards these States and his readiness to enter into alliance with them; that the occupations of the war and distance of our situation have prevented our meeting his friendship so early as we wished; but that powers are now delegated to them for entering into treaty with him, in the execution of which they are ready to proceed, and that as to the expences of his Minister they do therein what is for the honor and interest of the United States, and conformable to the practice of other nations.

That a Commission be issued to Mr Adams, Mr Franklin, and Mr: Jay Mr Jefferson giving powers to them, or the greater part of them to make and receive propositions for such treaties of amity 1 The paragraph in brackets is in the writing of Thomas Jefferson, except the words in parentheses, which are in the writing of John Francis Mercer.

2 The words in brackets are in the writing of Thomas Jefferson.