said subjects upon any other terms or conditions what

soever.

That the honourable Mr. Jefferson be furnished with a copy of these instructions, and directed to make known to his most christian majesty the sincere regard they have for his person and family, the gratitude they bear for his former good offices, and the earnest desire they have of his friendly mediation with the catholick king, that by his interposition the interfering claims of the two nations may be amicably settled.

That the resolutions of the 20th July, 1785, and the 25th of August following, authorizing the secretary of foreign affairs to treat with don Diego de Gardoqui respecting the boundaries and the Mississippi, in the words above recited, be and they are hereby repealed.

That two commissioners be appointed and associated with the secretary of foreign affairs, with powers to enter into a treaty with don Diego de Gardoqui, or such other person as his catholick majesty shall appoint, upon the following principles; upon the Mississippi and the boundaries as above; but that they receive no proposition on the said points until he shall be authorized by his said majesty to accede to the said

terms.

That they be authorized to enter into a commercial treaty with Spain upon the following principles: 1st, That each party shall have a right to carry their own produce, manufactures and merchandise, in their own bottoms, to the ports of the other, paying in both cases such duties only as are paid by the most favoured nations, freely where it is freely granted to such nation, or paying the compensation where such nation does the same; and so on as in the 3d, 4th, 5th, 6th, 7th resolutions of the 7th of May, 1784.

On the question to postpone for the purpose abovementioned, the yeas and nays being required by the delegates of Virginia

So it passed in the negative.

On the question to agree to the first resolution re

ported by the committee of the whole, the yeas and nays being required by the delegates of Virginia

New Hampshire, Mr. Livermore, Ay.

Mr. Long,

Ay: Av.

Resolved, That so much of the resolution of Congress of the 25th day of August, 1785, being an instruction to the secretary of the United States for the department of foreign affairs, as is contained in the following words, namely, " and that the following be "substituted in its place; that the secretary of the "United States for the department of foreign affairs " be and hereby is instructed, in his plan of a treaty " with the encargado de negocios of his catholick ma"jesty, particularly to stipulate the right of the United "States to their territorial boundaries, and the free " navigation of the Mississippi, from the source to the " ocean, established in their treaties with Great Bri"tain; and that he neither conclude or sign any "treaty, compact or convention, until he hath pre"viously communicated it to Congress, and received "their approbation," be and the same is hereby repealed and made void.

AUGUST 30, 1786.

Congress proceeded in the consideration of the report of the committee of the whole; and the second resolution reported by the committee being read, a motion was made by Mr. King, seconded by Mr. Smith, to amend the resolution by striking out the last clause from "provided farther that the said secretary for "foreign affairs do and hereby is directed," inclusive, to the end, and in lieu thereof to insert " provided far"ther, that the said secretary for foreign affairs do and "hereby is directed, to insist on the territorial limits " or boundaries of the United States, as fixed in the "definitive treaty of peace and friendship between the "United States of America and his Britannick majesty; "and he is farther instructed, not to form any treaty " with the said encargado de negocios unless the said "limits or boundaries are thereby acknowledged and "secured."

A motion was made by Mr. Pinckney, seconded by Mr. Monroe, to postpone the farther consideration of the resolution and amendment, in order to take up the following proposition :

Whereas under the 9th of the articles of the confederation it is declared "The United States in " Congress assembled shall not enter into treaties or "alliances, unless nine states assent to the same:" And whereas by resolutions of 20th July and 25th day of August, 1785, the honourable John Jay, secretary for foreign affairs, was authorized with the assent of the United States to negotiate with don Diego de Gar