higher Degree than the former; that this depreciation was not effected by any arbitrary change by Congress in the value or denomination of the Money (which yet has been frequently practised by european states who never have thought themselves bound to make good the losses thereby incurred either by their own citizens or by foreigners that ensued-against the will and the unremitting endeavours of Congress that in this case too it might have been lessened if not prevented by investing-it the money immediately in gold & silver or in other commodities. Your come therefore are of opinion that these states are not bound to make good the loss by depreciation, and that the doing would bring on an infinitude of other cases with endless investigations and unfairness and would require greater funds than we are pre pared with.

That as to the residue of the claims of the S! Bayard if founded. in truth and Right they lie only against the state of Georgia, to the governor whereof it will be proper for Congress to transmit copies. of the papers expressing our confidence that that state will cause to be done in it what justice and the respect due between friendly nations require; and that the S: Bayard be referred to them.

That the friendly services rendered by the S John Baptist Pequet, Agent for the french nation at Lisbon to great numbers of American sailors carried prisoners into that port during the late war and his sufferings on that account merit the sincere acknowledgments of Congress and that it be referred to the said Ministers to deliver him these in honorable terms and to make him such gratification as may indemnify his losses & properly reward his zeal.

REPORT ON CEREMONIAL FOR WASHINGTON.1

C.C.

[December 22, 1783.]

1. The President and members are to be seated and covered, and the Secretary to be standing by the side of the President.

1 A committee, consisting of Jefferson, Gerry, and M'Henry, was appointed by Congress to make suitable arrangements for the last public audience of General Washington. In conformity with their report it was resolved, on the 22d of December, that the ceremony should be conducted as above.

2. The arrival of the General is to be announced by the messenger to the Secretary, who is thereupon to introduce the General, attended by his aids, into the Hall of Congress.

3. The General, being conducted to a chair by the Secretary, is to be seated with an aid on each side standing, and the Secretary is to resume his place.

4. After a proper time for the arrangement of spectators, silence is to be ordered by the Secretary if necessary, and the President is to address the General in the following words. 'Sir; The United States in Congress assembled are prepared to receive your communications.' Whereupon the General is to arise and address Congress; after which he is to deliver his commission and a copy of his address to the President.

5. The General having resumed his place, the President is to deliver the answer of Congress, which the General is to receive standing.

6. The President having finished, the Secretary is to deliver the General a copy of the answer, and the General is then to take his leave. When the General rises to make his address, and also when he retires, he is to bow to Congress, which they are to return by uncovering without bowing.

TO THE GOVERNOR OF VIRGINIA.1

(BENJAMIN HARRISON.)

ANNAPOLIS, Dec. 24, 1783.

SIR,-The present week affords us nothing new for communication unless it be the affecting scene of yesterday. Gen'l Washington then had his last audience of Congress, laid down his connection and bid a final adieu to them and to all public life. His address on the occasion was worthy of him. This you will see in the public papers. I cannot help expressing my extreme anxiety at our present critical situation. The departure of a member two days

1 From the original in the possession of Mr. F. J. Dreer, of Philadelphia.

hence leaves us with only six states and of course stops all business. We have no certain prospect of nine within a given time; chance may bring them in, and chance may keep them back, in the meantime only a little over two months remain for their assembling, ratifying & getting the ratification across the Atlantic to Paris. All that can be said is that it is yet possible. It is well known that Great Britain wished to postpone the conclusion of the treaty. Her reasons we know not, but she certainly knew that a great continental war was kindling, and that France our principal support would be probably deeply engaged in it. It is not impossible then but she might hope for some favorable opportunity of changing the face of the treaty. If the ratifications are not there by the day she will have too much ground for objection to the validity of the treaty, and to ratify or not as she pleases. As every circumstance of distress will render her the easier on this point, we are pleased with the intelligence of the day which is that she has actually landed twenty-one regiments in Ireland, it comes by a ship from London to Baltimore, & from thence here, but Baltimore has not been famed for the truth of its intelligence.

REPORT ON RATIFICATION OF TREATY.1 J. MSS. [December 27, 1783.] Resolved that however earnestly and anxiously Congress wish to proceed to the ratification of the Definitive treaty, yet

Resolved that Congress consisting at present of seven states

1 There is no record in the Journals of Congress of the appointment of the committee who made this report. It was probably the same that later reported

only they are ought not to undertake that ratification of the Definitine treaty without proper explanations.

1. Because the 9th article of Confederation takes from

1. Because by the usage of modern nations it is now established

them the power, by declaring that Congress shall

that the ratification of a treaty by a Sovereign power is the

not enter into any treaty unless nine states assent essential act which gives it validity; the signature of the to the same

ministers, notwithstanding their plenipotentiary com

mission, being understood as placing it, according to the phrase of the writers on this subject, subsparati only & as leaving to each sovereign an acknowledged right of rejection.

9. Because it would be a precedent replete with

2. Because ratification being an act of so much energy and danger to these states, as under that on future

substance the authority to perform it is reserved to occasions seven states in opposition to six maynine States by those words in the ninth article of

ratify treaties entered into by ministers in

Confederation which declare that Congress shall not enter

direct opposition to their instructions though such instructions should have had the con

into any treaty unless nine States assent

eurrenee of nine states to the same?

3. Because by the terms 'entering into a treaty' the Confederation must have intended that the assent of nine states should be necessary to the it's completion as well as to the it's commencement; of a treaty; it's the object having been to guard the rights of the Union in all those important cases wherein it has required the assent of nine states; is required whereas by admitting the contrary construction, seven states containing less than one third of the citizens of the Union, in opposition to six containing more than two

the form of ratification, consisting of Jefferson, Gerry, Ellery, Read, and Hawkins. See Jefferson's Autobiography (1, 76–8). The report is printed from the rough draft in Jefferson's handwriting. No copy can be found in the files of the Continental Congress papers, nor is it printed in Wharton's Revolutionary Diplomatic Correspondence.

thirds, may fasten on them a treaty, commenced indeed under the eo instru commission & instructions from nine states but concluded by the negotiators in express contradiction to such instructions and in direct sacrifice of their interests of so great a majority.

4. Because if 7 states be incompetent generally to the ratification of a treaty they are not made competent in this particular instance by the circumstances of the ratification of the provisional articles by nine states and in the instructions to our ministers to form a definitive one by them and their actual agreement in substance; for either these circumstances are in themselves a ratification, or are not, if they are, nothing further is requisite than to give attested copies of them in exchange for the British ratification; if they are not, then we remain where we were, without a ratification of by 9 states, and incompetent to ratify ourselves. [The next line is illegible but erased.]

5. Because the seven states now present in Congress saw this question in the same point of view only 4 days ago when by their unanimous resolution they declared that the assent of nine states was requisite to ratify this treaty and urged this as a reason to hasten forward the absent states.

6. Because such a ratification would be rejected by the other contracting party as null & unauthorized, or, if attested to them by the seal of the states without apprising them that it has been accredited- expedited by order of seven states only, it will be a breach of faith in us, a prostitution of our seal, & a future ground, when that circumstance shall become known, of denying the validity, of a ratification into which they shall have been so surprised.

7. Because there being still 67. days before the exchange of ratifications is requisite and states only wanting to render us competent, we have the we may yet hope the presence of 9 states in time strongest presumptions that the measures taken by Congress will bring them forward in time for ratification & for it's passage across the Atlantic.

And 8. because should we be disappointed in this hope, the ratification will yet be placed on more honorable and defensible ground if made by 9. states as soon as so many shall be present, and then sent for exchange, urging in it's support the small importance of an exchange of ratifications, a few days sooner or