1. The question of when and under what circumstances JM made these notes gains in interest because Congress on 1 June adopted a motion, introduced by William C. Houston and seconded by James M. Varnum, declaring “That no person whatsoever be permitted to take copies or extracts from the Secret Journal, or from any papers directed by Congress to be entered therein, or from any papers with respect to which secrecy is injoined, or to require from the secretary such copies or extracts, without the permission of Congress” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 588).

2. The portion of the Witherspoon-Houston motion at issue here reads: “That the minister who is to negotiate in behalf of the United States be further instructed as follows: ‘But as to disputed boundaries, and other particulars, we refer you to your former instructions, from which you will easily perceive the desires and expectations of Congress; but we think it unsafe at this distance to tie you up by absolute and peremptory directions upon any other subject than the two essential articles above-mentioned [independence and sovereignty of the United States and agreeing with Great Britain in nothing that violated the treaties with France]. You will, therefore, use your own judgment and prudence in securing the interest of the United States in such manner as circumstances may direct, and as the state of the belligerent and disposition of the mediating powers may require’” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 606). John Adams, minister plenipotentiary of the United States to the Netherlands, was probably in Witherspoon’s mind as the one whom Congress would reconfirm (below, n. 3) as “Minister for peace” (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 651; above, Notes from Secret Journal, 28 May 1781, editorial note).

3. The “old Ultm.” was the instructions of Congress on 14 August 1779 (supplemented on 18 October 1780) “to the Commissioner to be appointed to negotiate a treaty of Peace with Great Britain.” On 4 October 1779 Congress elected John Adams “minister plenipotentiary,” rather than “Commissioner,” for this purpose. The permission “to recede,” if necessary, referred mainly to the matter of the boundaries of the United States as defined in the instructions of 14 August 1779 to Adams (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XIV, 956–66; XV, 1143; XVIII, 948–50; Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (2 vols. to date; Chicago, 1962——). description ends , II, 128, 302–3).

4. To clarify these jottings, beginning with “on question Sul,” the Witherspoon-Houston motion was defeated by a vote of five states for it, four states against it (one of these because the two delegates deadlocked); two states were represented by only one delegate each, and hence their votes were also lost. New York and Delaware were unrepresented. The New Hampshire delegates, John Sullivan and Samuel Livermore, voted “ay”; the Massachusetts delegates, James Lovell and Artemas Ward, voted “no”; the one Rhode Island delegate, James M. Varnum, voted “ay”; of the Connecticut delegation, Samuel Huntington and Roger Sherman voted “no,” and Oliver Ellsworth “ay”; the New Jersey delegates, John Witherspoon and William C. Houston, voted “ay”; the Pennsylvania delegates, Samuel John Atlee, George Clymer, and Thomas Smith, voted “ay”; the one Maryland delegate, Daniel of St. Thomas Jenifer, voted “ay”; the Virginia delegates, JM, Theodorick Bland, and Meriwether Smith voted “no”; of the North Carolina delegates, William Sharpe voted “ay” and Samuel Johnston “no”; the three South Carolina delegates, John Mathews, Thomas Bee, and Isaac Motte, voted “ay,” and so also did the three from Georgia, George Walton, William Few, and Richard Howly. Thereupon, the report of the committee (Daniel Carroll, Joseph Jones, John Witherspoon, John Sullivan, and John Mathews) appointed on 28 May to consult with La Luzerne was sent back to this committee, accompanied by the defeated Witherspoon-Houston motion (above, Notes from Secret Journal, 28 May 1781, n. 1; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XX, 562, 605–7).