James Madison Papers

Motion on Mission to Portugal, [8 May] 1782

Motion on Mission to Portugal

Printed text (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 250).

[8 May 1782]

Thereupon,1 on motion of Mr. [James] Madison, seconded by Mr. [Edward] Telfair,2

Resolved, That it be an instruction to Mr. Jay not to send Mr. Carmichael to the Court of Portugal in pursuance of the resolution of the 11th day of July, 1781, unless he shall have good grounds to expect that such a measure will attain the object proposed by the Superintendant of Finance.3

1This motion was a response to Robert R. Livingston’s letter of 7 May to Congress. In Jay’s dispatch of 3 October 1781, read in Congress on 18 March 1782 (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 140–41, and n.), the minister to Spain had written that to send an accredited envoy to Portugal “could do no harm, and might do good; I am therefore for it” (Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , IV, 764). Countering this suggestion, Livingston advised that, because the possibility of an envoy’s success in Lisbon was so remote, Congress should not incur the financial cost or the “loss of reputation” which would be the penalty of the mission’s failure. Influenced by Great Britain, Portugal had barred American ships from her harbors and occasionally confiscated a vessel obliged by stress of weather or other emergency to disregard the injunction (ibid., V, 586; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , VI, 1035–36, 1057; VII, 318). On 21 June 1780, when Arnold Henry Dohrman, a merchant of Lisbon, was appointed agent of the United States to help distressed American seamen who were stranded in Portugal (Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (4 vols. to date; Chicago, 1962——). description ends , II, 34, n. 4), Congress directed Jay to ascertain whether “any advantageous connection” could be effected with the court of Lisbon (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XVII, 542). Jay’s inability to be sanguine in this regard, and the continuing discrimination by that court against American shipping, no doubt largely accounted for Livingston’s adverse recommendation.

2The words in brackets are in the JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends . Edward Telfair (1735–1807) of Scottish nativity, had been a merchant in Savannah since 1766. His service as a delegate in Congress extended through most of the period, 1777–1783. He was governor of Georgia in 1786 and from 1790 to 1793.

3In a letter on 9 July 1781 to the president of Congress, Robert Morris advised that, in view of the improbability that public or private sources in the United States or in France or the Netherlands could be further relied upon to relieve the desperate need of money, John Jay be extended greater discretionary powers in bargaining for a subsidy or loan from the court of Spain and be directed “to try the Court of Portugal also.” Morris suggested that Lisbon might be enticed by an offer of more “Extensive unfettered” commercial privileges than were accorded to Portugal by Great Britain. If William Carmichael “can be spared from Madrid,” Morris concluded, Jay would do well to send him “in his private capacity” to Lisbon, where he quickly could ascertain “what may be expected from that Quarter, and Mr. Jay can then Act Accordingly” (NA: PCC, No. 137, I, 69–76). On 11 July 1781 Congress adopted a resolution conforming fully with Morris’ counsel (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 739). In his letter of 7 May 1782, mentioned in n. 1, Livingston recommended that this resolution be repealed. By adopting JM’s motion, Congress qualified its acceptance of Livingston’s advice. Portugal continued to bar American shipping from her harbors until 15 February 1783 (Wharton, Revolutionary Diplomatic Correspondence description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, 1889). description ends , VI, 294).

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