John Jay Papers

John Jay’s Draft Resolution on a Consular Convention with France, 14 December 1784

John Jay’s Draft Resolution on a
Consular Convention with France

[Trenton, 14 December 1784]

Resolved ^Unanimously^. Eight States only being represented1 that his Exy the President inform the Minister plenipotentiary of the United States at the Court of France that it is the Desire but not the Instruction of Congress that in Case the Convention proposed for regulating and ascertaining the Powers and Priviledges of Consuls shd. not be already signed, that he delay signing it until he shall recieve further Instructions on the Subject from Congress2

Dft, DNA: PCC, item 36, 2: 479. Endorsed by Charles Thomson: “passed 14 Decr. 1784.” C, DNA: PCC, item 6, 3: 245–46.

1Maryland was not represented, and only one delegate was present from each of the following four states: Connecticut, Delaware, New Hampshire, and Rhode Island. This motion, presented by JJ and seconded by Elbridge Gerry, was passed on 14 Dec. JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 27: 685–86 and n.

2Congress had adopted a scheme for a convention in January 1782, on the basis of which BF had negotiated and signed a convention with Vergennes on 29 July 1784, news of which did not reach Congress until the summer of 1785. JJ was appointed chairman of the committee to revise the scheme for the convention on 14 Dec. 1784, but, after assuming his post as the secretary for foreign affairs, was succeeded by Elbridge Gerry in January 1785. Jared Sparks, The Diplomatic Correspondence of the United States of America, from the Signing of the Definitive Treaty of Peace, 10th September, 1783, to the Adoption of the Constitution, March 4, 1789. (3 vols.; Washington, D.C., 1855), 1: 294–304; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 22, 46–54; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 28: 7n., 158n. For JJ’s subsequent report as Secretary for Foreign Affairs, outlining his objections to the convention negotiated by BF and calling for its revision, see his report of 4 July 1785, DS, DNA: PCC, item 81, 275–304 (EJ: 3844); LbkC, DNA: PCC, item 124, 1: 95–111 (EJ: 4516); LbkC, NNC: JJ Lbk. 3; C, in French, FrPMAE: CP-EU, 30: 117–35 (EJ: 5087); printed broadsides, DLC: Jefferson, 13: 2215–19; DNA: PCC, item 5, 3: 1237; DNA: PCC, Misc., roll 9, f 546–48 (EJ: 11804); JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 29: 500–515. For a discussion of JJ’s views on the consular convention and on the renegotiation of a convention with France by Thomas Jefferson, see PTJ description begins Julian T. Boyd, Charles T. Cullen, et al., eds., The Papers of Thomas Jefferson (37 vols. to date; Princeton, N.J., 1950–) description ends , 14: 67–92.

For the president of Congress’s action on this resolution, see Richard Henry Lee to BF, 14 Dec. 1784, LS, PPAmP: Franklin; C, DNA; PCC, item 16, 316. In his reply to Lee of 8 Feb. 1785, BF noted that he had been expecting congressional ratification of the Franco-American convention that he had signed in July and transmitted to Congress. “As that Copy seems to have miscarried,” BF therein appended another. Moreover, he wondered about the cause of Congress’s objection. “Mr. Jefferson thinks it may have been to the Part which restrained the Consuls from all Concern in Commerce. That Article was omitted, being thought unnecessary to be stipulated, since either party would always have the power of imposing such Restraints on its own Officers, whenever it should think fit—”. BF suggested that “this or any other reasonable article or alteration may be obtained at the Desire of Congress, and established by a Supplement.” Tr, DNA: PCC, item 100, 2: 230; BFS description begins Alfred H. Smyth, ed., The Writings of Benjamin Franklin (10 vols.; New York, 1905–7). description ends , 9: 289–91.

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