Notes on Debates, 12 June 1783
Notes on Debates
MS (LC: Madison Papers). For a description of the manuscript of Notes on Debates, see V, 231–34.
,The Instruction in the Secret Journal touching the principles &c of the Neutral Confederacy, passed unanimously.1
The Resolution as reported by the Committee being in a positive style, and eight States only being present, the question occurred whether nine States were not necessary.2 To avoid the difficulty a negative form was given the Resolution; by which the preamble became somewhat unsuitable. It was suffered to pass however, rather than risk the experiment of further alteration.3
1. Rights of Neutral Nations, 12 June 1783; , XXIV, 392–94. The tallied vote is not shown in the journal.
2. Georgia was unrepresented in Congress. Rhode Island, Connecticut, New York, and Maryland, each having only one delegate in attendance, could not cast effective votes. Article IX of the Articles of Confederation included entering “into any treaties or alliances” among the powers of Congress which could be exercised only with the assent of at least nine states ( , XIX, 220).
3. Rights of Neutral Nations, 12 June 1783, and n. 11. The committee had recommended that the peace commissioners endeavor to include in the definitive treaty a qualified “recognition & establishment of the Rights of Neutral Nations.” Congress replaced this suggestion with an instruction to the commissioners, in the event that the treaty should contain “stipulations amounting to a recognition of the rights of neutral nations,” to avoid concurring with “any engagements which shall oblige the contracting parties to support those stipulations by arms.” The constitutional doubt was thus resolved by agreeing that, although nine or more states were required to determine what a treaty must “include,” eight or less were competent to decide what a treaty must not “include.” This change in the resolution obviously rendered “somewhat unsuitable” the “positive style” of the preamble of the committee’s report following the words “Ministers in Europe” ( , XXIV, 394).