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to reside in a Foreign Court to a commission or embassy to a foreign court, or for negotiating treaties with foreign powers, shall not exceed three thousand dollars per annum.1

A motion was made by Mr. [Richard Dobbs] Spaight, seconded by Mr. [Jacob] Read, to amend by inserting "five hundred" after "three thousand:" And on the question to agree to this amendment, the yeas and nays being required by Mr. [David] Howell,

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On the question to agree to the motion, the yeas and nays being required by Mr. [David] Howell,

Resolved in the affirmative, every member answering ay.2

1 This motion, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 36, II, folio 325.

2 Beginning with Mr. Gerry's motion, the proceedings to this point were entered in both the Public Journal and the Secret Journal, Foreign Affairs. From this point to the end of the day, they were entered only in the Secret Journal, Foreign Affairs, in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.

Congress resumed the consideration of the report of the committee on the letters from the ministers of the United States in Europe; and on the question to agree to the following paragraph:

"That the said ministers be instructed to notify to the powers with whom they may negotiate, the great value at which these United States will esteem their friendship and connection, and that it will be their constant endeavour to promote a good understanding and harmony with them, and to prevent every thing which might interrupt it by every means in their power; but that the heavy debt which they have contracted during the late war has rendered it inconvenient at present for them to keep ministers resident at the courts of Europe, and they hope that this deviation from the practice of friendly nations may be ascribed to its true cause, and not to any want of respect to their friends, or of attachment to treaties, to the faithful observance of which they shall at all times pay the most earnest attention" The yeas and nays being required by Mr. [Hugh] Williamson

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Resolved, That the paragraph "That Consuls be ap

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The rest of the report being amended, was agreed to as follows:

Resolved, That our said ministers to be Commissioned for treating with foreign nations, be referred to the instructions of the thirtieth day of May, 1783, relative to British debts, the objects of which they are hereby directed to urge with perseverance.

That they require with firmness and decision, full satisfaction for all slaves and other property belonging to citizens of these states taken and carried away in violation of the preliminary and definitive articles of peace; and to enable them to do this on precise grounds, Congress will furnish them with necessary facts and documents.

Resolved, That Doctor Franklin be desired to notify to the Apostolical Nuncio at Versailles, that Congress will always be pleased to testify their respect to his sovereign and state; but that the subject of his application to Doctor Franklin, being purely spiritual, it is without the jurisdiction and powers of Congress, who have no authority to permit or refuse it, these powers being reserved to the several states individually.

That Doctor Franklin be instructed to express to the Court of France the constant desire of Congress to meet

their wishes; that these states are about to form a general system of commerce by treaties with other nations; that at this time we cannot foresee what claims might be given to those nations by the explanatory propositions from the Count de Vergennes on the 2d and 3d articles of our treaty of Amity and Commerce with his most Christian Majesty; but that he may be assured it will be our constant care to place no people on more advantageous ground than the subjects of his Majesty.

Resolved, That the papers containing the claim of the five Fosters, Brothers, for the prize of their vessel, the Three Friends, made by Captain Landais, of the Alliance frigate, which papers were communicated by the Count de Vergennes to Doctor Franklin, to the end that he might apply to Congress for an indemnification of the said Fosters, be remitted to the said ministers with a copy of the fourth clause of the instructions to them, of October 29th, 1783, and the following extract from Doctor Franklin's letter of July 22, 1783, to the Secretary for Foreign Affairs, viz. "Mr. Barclay has in his hands the affair of the Alliance and Bon Homme Richard. I will afford him all the assistance in my power; but it is a very perplexed business. That expedition, though for particular reasons under American commissions and colours, was carried on at the King's expense, and under his orders. Mr. de Chaumont was the agent appointed by the Minister of Marine to make the outfit. He was also chosen by all the captains of the squadron, as appears by an instrument under their hands, to be their agent, receive, sell and divide prizes, &c. The Crown bought two of them at public sale; and the money I understand

is lodged in the hands of a responsible person at L'Orient. Mr. de Chaumont says he has given in his accounts to the marine, and that he has no more to do with the affair, except to receive a balance due to him. That account, however, is I believe unsettled; and the absence of some of the captains is said to make another difficulty, which retards the completion of the business. I never paid nor received any thing relating to that expedition, nor had any other concern in it than barely ordering the Alliance to join the squadron at Mr. de Sartine's request."-From which extract there is reason to believe, the United States of America had no concern in the expedition; but that it was carried on wholly under the authority and for the advantage of his Most Christian Majesty. That if this fact should not be so apparent as to give full satisfaction to his Majesty's ministers, they then take such measures as in their discretion shall be thought most conducive to an amicable and equitable adjustment thereof, on the best evidence they shall be able to procure.

Resolved, That the claim of the Sieur Bayard against these United States, for the sum of two hundred and fiftyfive thousand two hundred and thirty-six dollars, Continental money, is not founded in justice, from the circumstances of the case as stated by himself, which are, that a vessel and cargo in which he was interested, sailing in May, 1779, from Charlestown for France, was taken by an English armed vessel, and retaken by an American frigate called the Boston; that she was carried to Boston, and there sold as French property by Mr. de Valnais, consul for France at that port; that he unfaithfully and irregularly, as is suggested, endeavoured to have the whole adjudged to the recaptors, but that

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