1. During the war Congress occasionally empowered continental officers to impress food, vehicles, and other military supplies, even though many of the delegates had doubted the constitutionality of those authorizations. On 18 May 1781, for example, Congress adopted JM’s motion directing Brigadier General Anthony Wayne, in case of need, to impress “provisions and forage,” and “report the amount thereof to the executives of the states within which the same shall be taken” (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , III, 124, and n. 2). See also ibid., III, 227–28, 229, n. 10; 326, n. 5; IV, 72, n. 2; 287.

Although the right to impress might be inferred from the war power delegated by Articles VI and IX of the Articles of Confederation, Congress had no courts in which citizens, aggrieved because they had been deprived of property for military use, could sue the impressment officers. Only the states had the power to render these officers immune from prosecution for damages. For the report of the Lee committee, see JM Notes, 7 May. See also Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , IV, 91–92; Instruction to Delegates, 4 June 1783, n. 1.

2. JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 330, and n. 1. See also JM to Randolph, 12 August 1783.

3. In a dispatch of 5 February 1783 from Paris to Robert R. Livingston, John Adams discussed various aspects of United States foreign relations, especially the advisability of concluding a treaty of commerce with Great Britain (Wharton, Revol. Dipl. Corr description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends ., VI, 242–47). See also Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (7 vols. to date; Chicago, 1962——). description ends , V, 476, and nn. 1, 2; 477, nn. 4, 5; VI, 452–53, and n. 7; JM to Jefferson, 6 May 1783, and n. 5. In accordance with Alexander Hamilton’s report of 29 April on behalf of a committee appointed the day before to consider Adams’ dispatch, Congress on 1 May “Ordered, That a commission be prepared” authorizing Adams, Franklin, and Jay to negotiate a treaty, subject to revision by Congress, “and in the mean time to enter into a commercial convention” of one year’s duration. Congress also adopted the committee’s recommendation by instructing Livingston to “lay before Congress, without delay, a plan of a treaty of commerce and instructions relative to the same” for transmittal to the three commissioners (NA: PCC, No. 186, fol. 97; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 320–21). Upon receiving Livingston’s “plan” and “instructions” on 6 May, Congress referred them to the FitzSimons’ committee (NA: PCC, No. 185, III, 64). Its report of 19 June was evidently tabled. On 15 August 1783, eleven days before discharging this committee as reconstituted on 5 August, Congress transferred its assignment to a new committee, of which neither FitzSimons nor JM was a member (NA: PCC, No. 186, fols. 99, 116, 118; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIV, 404–5).