THE CORRESPONDENCE OF THE COMMISSIONERS FOR NEGOTIATING A PEACE WITH GREAT BRITAIN. (continued 2)

I intended to have submitted this letter to Congress, but I find there is not the least prospect of obtaining any decision upon it in time to send by this conveyance, if at all. I leave you to collect their sentiments, as far as I know them, from the following state of their proceedings. After your joint and separate letters, and the journals had been submitted to them by me, and had been read, they were referred back to me to report upon, when I wrote them a letter, and when it was taken into consideration, motions were made and debated a whole day. After which the letter and motions were committed, and a report brought in. This was under consideration two days, when the arrival of a vessel from Cadiz with letters from the Count d'Estaing and the Marquis de Lafayette, containing accounts, that the preliminaries were signed, induced many members to think it would be improper to proceed in the report, and in that state it remains without any express decision. From this you will draw your own inferences.

I make no apology for the part I have taken in this business. I am satisfied you will readily acquit me for having discharged what I conceived to be my duty upon such a view of things as you presented to me. In declaring my sentiments freely, I invite you to treat me with equal candor in your letters, and in sending original papers, I guard against misrepresentations that might give you pain. Upon the whole I have the pleasure of assuring you, that the services you have rendered your country, in bringing this business to a happy issue, are very gratefully received by them; however we may differ in sentiments about the mode of doing it.

I am sorry that the extreme negligence of the different States, has prevented, and will probably long prevent, my being able to send you a state of the injury done to real property, and the number of slaves destroyed and carried off by the British troops and their allies, though no pains have been, or shall be wanting, on my part to urge them to it.

I have the honor to be, Gentlemen,

ROBERT R. LIVINGSTON.

PROCLAMATION OF CONGRESS DECLARING A CESSATION OF ARMS.

By the United States of America in Congress assembled.

A PROCLAMATION,

Declaring the cessation of arms, as well by sea as by land, agreed upon between the United States of America and his Britannic Majesty, and enjoining the observance thereof.

Whereas Provisional Articles were signed at Paris on the 30th day of November last, between the Ministers Plenipotentiary of the United States of America for treating of peace, and the Minister Plenipotentiary of his Britannic Majesty, to be inserted in, and to constitute the treaty of peace proposed to be concluded between the United States of America and his Britannic Majesty, when terms of peace should be agreed upon between their Most Christian and Britannic Majesties; and whereas preliminaries for restoring peace between their Most Christian and Britannic Majesties were signed at Versailles, on the 20th day of January last, by the Ministers of their Most Christian and Britannic Majesties; and whereas preliminaries for restoring peace between the said King of Great Britain and the King of Spain, were also signed at Versailles on the same 20th day of January last;

By which said Preliminary Articles it has been agreed, that as soon as the same were ratified, hostilities between the said Kings, their kingdoms, states and subjects, should cease in all parts of the world; and it was further agreed, that all vessels and effects that might be taken in the Channel and in the North Seas, after the space of twelve days from the ratification of the said Preliminary Articles, should be restored; that the term should be one month from the Channel and North Seas as far as the Canary Islands, inclusively, whether in the ocean or the Mediterranean; two months from the said Canary Islands as far as the Equinoctial line or Equator; and lastly, five months in all other parts of the world, without any exception or more particular description of time or place;

And whereas it was declared by the Minister Plenipotentiary of the King of Great Britain, in the name and by the express order of the King his master, on the said 20th day of January last, that the said United States of America, their subjects and their possessions, shall be comprised in the above mentioned suspension of arms, at the same epochs, and in the same manner as the three Crowns abovementioned, their subjects and possessions respectively; upon condition, that on the part and in the name of the United States of America, a similar declaration shall be delivered, expressly declaring their assent to the said suspension of arms, and containing an assurance of the most perfect reciprocity on their part;

And whereas the Ministers Plenipotentiary of these United States, did, on the 20th day of January, in the name and by the authority of the said United States, accept the said declaration, and declare that the said States should cause all hostilities to cease against his Britannic Majesty, his subjects and his possessions, at the terms and epochs agreed upon between his said Majesty the King of Great Britain, his Majesty the King of France, and his Majesty the King of Spain, so and in the same manner as had been agreed upon between those three Crowns, and to produce the same effects;

And whereas the ratifications of the said Preliminary Articles, between their Most Christian and Britannic Majesties, were exchanged by their Ministers on the 3d day of February last; and between his Britannic Majesty and the King of Spain, on the 9th day of February last;

And whereas it is our will and pleasure, that the cessation of hostilities between the United States of America and his Britannic Majesty, should be conformable to the epochs fixed between their Most Christian and Britannic Majesties;

We have thought fit to make known the same to the citizens of these States; and we hereby strictly charge and command all our officers, both by sea and land, and other subjects of these United States, to forbear all acts of hostility, either by sea or by land, against his Britannic Majesty or his subjects, from and after the respective times agreed upon between their Most Christian and Britannic Majesties, as aforesaid.

And we do further require all governors and others, the executive powers of these United States respectively, to cause this our proclamation to be made public, to the end that the same may be duly observed within their several jurisdictions.

Given under the seal of the United States. Witness, his Excellency Elias Boudinot, President, this twelfth day of April, in the year of our Lord one thousand seven hundred and eightythree, and of the sovereignty and independence of the United States the seventh.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, April 21st, 1783.

Gentlemen,

Upon the receipt of the Provisional Articles, and a subsequent account brought by a vessel, despatched by Count d'Estaing, I wrote letters to Sir Guy Carleton and Admiral Digby, to which I received answers. You will find them cold and distant. Those they wrote to the Minister of France, in answer to similar communications made by him, were still more so, and contain the same illiberal doubts which are mentioned in mine, expressed in much stronger terms. When they received an authentic account of the treaty, they sent a copy of it, (no part being omitted) to Congress, through the General. When the Proclamation for the cessation of hostilities was received at New York, it was sent to me by an officer with a letter, to which I returned an answer.

After this two great questions were agitated in Congress. 1st. Whether they should proceed to the immediate ratification of the Provisional Articles; and 2dly. Whether they should release their prisoners. Some maintained with respect to the first of these points, that they knew not in what light to consider the Provisional Articles, whether as preliminaries or a definitive treaty. That the preamble said they were to constitute the treaty, while at the same time, they were only to be inserted in it. These terms they considered as contradictory; and they wished to have explanations from you on this head, to know what the operation of a ratification would be, and they inferred from your silence, that none was necessary. They observed, that no time was set for the evacuation of New York; that the ratification would in some measure compel them to release their prisoners, and thus strengthen their hands, when it was possible a definitive treaty might not take effect between Great Britain and France; and that the ratification and the restoration of prisoners, if it left us nothing more to do, was in some sort to desert our allies. To this it was answered, that the Provisional Articles were only to be received as preliminary, that from the very nature of them, they could not he definitive; that the ratification would not alter the nature of them, but confirm them as they stood; that they were confessedly very advantageous to us; that the neglecting any such acceptation of them as was necessary on our part would give the enemy a pretence for violating the stipulations they contained; that the principal points between France and Great Britain being settled, we had no reason to apprehend a failure of a definitive treaty; that it was important to show, that we were determined to adhere in every particular to the engagements you had made. These arguments prevailed, and a resolution passed directing the ratification which I enclose. It is probable that the definitive treaty will be signed before this can reach you, otherwise it would be extremely desirable that some ambiguities in the Provisional Articles should be cleared up, and other objects, which have been at different times touched upon in my public letters, attended to.

The sixth Article is not so precisely expressed as to point out to what time the word future refers, whether to the signature of the Provisional Articles, whether to the act, which gave it the force of a treaty, or to the definitive treaty. Though I should suppose the second to be the intention from the opposition between the words now, and the time of the ratification in America.

The seventh Article leaves the time for the evacuation of New York upon so loose a footing, that I fear our troublesome guests will long continue to be such, unless a day is fixed on for their departure, in the definitive treaty. You can easily conceive the impatience that the distressed inhabitants of New Fork feel at every moment's delay; and the fears and jealousies that prevail among them lest it should be meant to retain these posts as pledges for the performance of the stipulations in favor of the tories. By the debates in Parliament on the 3d of March, it is evident that they had then no orders to evacuate.

You will observe that the ratification does not extend to the Separate Article. The treaty between Spain and Great Britain renders it unnecessary; and Congress not caring to express any sentiment upon that subject, I refer you to my letters to Dr Franklin and Mr Jay upon the subject of a free trade with the West Indies, and the logwood trade, which are important objects here; and, I hope, will be attended to in your definitive treaty. It were to be wished that the ambiguity with respect to the time of the cessation of hostilities upon this coast was cleared up, and the construction we put upon it adopted, to wit, that by as far as the Canaries, was intended the latitude of the Canaries, which construction can be supported by a variety of arguments, and is extremely important to us, as a number of our vessels have been taken since the 3d of March.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

MR GRAND TO THE COMMISSIONERS.

Paris, May 10th, 1783.

Gentlemen,

It is some months ago since I had the honor to write you, and am well persuaded, although I received no answer thereto, that it will have engaged your attention. I earnestly wish it may have been productive of an improvement to the finances of Congress, which I then foresaw would be short of our wants, and which is, unfortunately, too much the case at present.

Last month, I remitted to the honorable Robert Morris, the state of his account; the balance of which was 413,892 livres 13c. 9s. due to me. This, added to the subsequent payments I had to make, would have thrown me into a state of perplexity, had it not been for the assistance given me by the Garde du Trésor Royal.

You will see, Gentlemen, by the statement I have the honor to enclose for your consideration, that the sums I am to pay, exceed by one million those that are to be paid me. And making even abstraction of all that is not Mr Morris' bill, there still remains a defect of 500,000 livres, independent of the allowance to be made for his usual wants, from January 24th (date of his last bills) up to the 12th of March.

I am happy to have it in my power to say, that I have exerted to this instant, all that my zeal and my faculties could suggest to me. Did the last keep pace with the former, I should never have applied but to them. However, the state of affairs is such now, that a resolution must be taken relative thereto; and, even, without delay; the bearers of Mr Morris's bills growing so urgent upon me, that rather than to have occasioned any difficulty before I could be informed of your resolution, I preferred accepting a further sum of 54,000 livres this day.

I crave your Excellencies will honor me with a quick answer; meantime, I remain &c.

GRAND.

State of the Finances of Congress at Paris, on the 10th of May, 1783.

Balance due to me on the last account, Livres 413,892 13 9

Sums paid by his Excellency Benjamin Franklin's orders, 172,001 5 1

The honorable Robert Morris's drafts to be paid, 1,872,871 1 10

His fresh drafts from January 24th, at 60 days sight, of which I have already accepted 54,000 livres, 804,371 8

_______________

3,263,136 8 8

Interest on the Dutch Loan, 400,000

Sabatier & Desprez' claim for articles to the Marquis de Lafayette, 134,000

______ 534,000

_______________

Livres 3,797,136 8 8

M. DE LAFAYETTE TO THE COMMISSIONERS.

Paris, May 12th, 1783.

Gentlemen,

Having yesterday conferred with Count de Vergennes upon some public concerns, he requested I would tell you what, instead of troubling you with the demand of a meeting, I think better to mention in this note.

The several powers, said he, are going to make up their treaties, and when ready to sign, they will, of course, meet to do it all together. The mediation of the Emperor and that of Russia have been required, and under that mediation the French treaty will be signed; it now rests with America to know, if she will conclude her treaty under the mediation, or chooses to let it alone. There is no necessity for it. But, in case you prefer to have it, Count de Vergennes thinks it is time to join with England in making a combined application to the Court of Vienna and that of Petersburg.

So far, Gentlemen, I have been requested to speak to you. I will add, that from my last conferences on the subject, I hope we may get the harbor of L'Orient, as we have wished, for the American trade.

Be pleased to accept the assurances of my great and affectionate respect.

LAFAYETTE.

DAVID HARTLEY'S COMMISSION.

George R.

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch Treasurer and Prince Elector of the Holy Roman Empire, and so forth, to all to whom these presents shall come, Greeting.

Whereas, for the perfecting and establishing the peace, friendship, and good understanding so happily commenced by the Provisional Articles signed at Paris, the thirtieth day of November last, by the Commissioners of us, and our good friends, the United States of America, viz; New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, and for opening, promoting, and rendering perpetual, the mutual intercourse of trade and commerce, between our kingdoms and the dominions of the said United States, we have thought proper to invest some fit person with full powers on our part to meet and confer with the Ministers of the said United States, now residing at Paris, duly authorised for the accomplishing of such laudable and salutary purposes.

Now know ye, that we, reposing special trust and confidence in the wisdom, loyalty, diligence, and circumspection of our trusty and well beloved David Hartley, (on whom we have heretofore conferred the rank of our Minister Plenipotentiary,) have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him, our true, certain, and undoubted Commissioner, Procurator, and Plenipotentiary; giving and granting to him all, and all manner of faculty, power, and authority, together with general, as well as special order (so as the general do not derogate from the special, nor on the contrary,) for us, and in our name, to meet, confer, treat, and conclude with the Minister or Ministers, furnished with sufficient powers, on the part of our said good friends, the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplishing and completing the several ends and purposes herein before mentioned, and also for us, and in our name to sign such treaty or treaties, convention or conventions, or other instruments whatsoever, as may be agreed upon in the premises; and mutually to deliver and receive the same in exchange, and to do and perform all such other acts, matters, and things, as may be anyways proper and conducive to the purposes abovementioned, in as full and ample form and manner, and with the like validity and effect, as we ourself, if we were present, could do and perform the same; engaging and promising, on our royal word, that we will accept, ratify, and confirm in the most effectual manner all such acts, matters, and things, as shall be so transacted and concluded by our aforesaid Commissioner, Procurator, and Plenipotentiary, and that we will never suffer any person to violate the same, in the whole, or in part, or to act contrary thereto.

In testimony and confirmation of all which, we have caused our great seal of Great Britain to be affixed to these presents, signed with our royal hand.

Given at our palace at St James, the fourteenth day of May, in the year of our Lord one thousand seven hundred and eightythree, and the twentythird year of our reign.

I, David Hartley, the Minister abovementioned, certify the foregoing to be a true copy from my original commission, delivered to the American Ministers this 19th day of May, 1783.

D. HARTLEY.

AN ORDER OF THE BRITISH COUNCIL.

Copy of the Order in Council, the 14th of May, 1783, read to, and left with the American Ministers, this 21st day of May, 1783, by Mr Hartley.

At the Court of St James, May 14th, 1783.

Present. The King's Most Excellent Majesty in Council.

Whereas, by an act of Parliament passed this session, entitled, "An Act for preventing certain instruments from being required from ships belonging to the United States of America, and to give to his Majesty, for a limited time, certain powers for the better carrying on trade and commerce between the subjects of his Majesty's dominions and the inhabitants of the said United States," it is, among other things, enacted, that, during the continuance of the said act, it shall, and may be lawful for his Majesty in Council, by order or orders to be issued and published from time to time, to give such directions, and to make such regulations with respect to duties, drawbacks, or otherwise, for carrying on the trade and commerce between the people and territories belonging to the Crown of Great Britain, and the people and territories of the said United States, as to his Majesty in Council shall appear most expedient and salutary, any law, usage, or custom to the contrary notwithstanding. His Majesty, does, therefore, by, and with the advice of his Privy Council, hereby order and direct, that any oil, or unmanufactured goods or merchandises, being the growth or production of any of the territories of the said United States of America, may, (until further order) be imported directly from thence into any of the ports of this kingdom, either in British or American ships, by British subjects, or by any of the people inhabiting in, and belonging to the said United States, or any of them, and such goods and merchandises shall and may be entered and landed in any port in this kingdom, upon payment of the same duties, as the like sort of goods are, or may be subject and liable to, if imported by British subjects in British ships from any British island or plantation in America, and no other, notwithstanding such goods or merchandises, or the ships in which the same may be brought, may not be accompanied with the certificates, or other documents heretofore required by law; and it is hereby further ordered and directed, that there shall be the same drawbacks, exemptions, and bounties on merchandises and goods exported from Great Britain into the territories of the said United States of America, or any of them, as are allowed upon the exportation of the like goods or merchandise, to any of the islands, plantations, or colonies belonging to the Crown of Great Britain in America; and it is hereby further ordered and directed, that all American ships and vessels, which shall have voluntarily come into any port of Great Britain, since the 20th of January, 1783, shall be admitted, together with the goods and merchandises on board the same ships and vessels, to the full benefit of this order; and the Right Honorable the Lords, Commissioners of his Majesty's Treasury, and the Lords, Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.[14]

WILLIAM FAWKNER.

FOOTNOTE:

COUNT DE VERGENNES' PROPOSED NEW ARTICLES.

[Delivered to Dr Franklin on the 20th of May, 1783.]

Translation.

The intention of his Most Christian Majesty and the United States of North America, in concluding between them a treaty of amity and commerce, having been, that their respective subjects should enjoy all the advantages, privileges, and exemptions, which the most favored nations enjoy or may enjoy, and his said Majesty and the United States, wishing to prevent any misunderstandings that may arise by a false application of the 2d and 3d Articles of the treaty of commerce of February 6th, 1778, have thought it proper to determine in a precise manner the principles which ought to be followed on one part and the other, concerning the matter in question. In consequence, it is proposed, that his Majesty and the Congress of the United States agree to the following Articles.

Article i. To interpret, as far as is necessary, the 2d Article of the treaty of amity and commerce, concluded February 6th, 1778, the United States declare, that all the advantages, privileges, and exemptions, which are accorded, or may be accorded hereafter, in regard to navigation and commerce, to any nation, power, or state, whatever, shall be common to the French nation, and that these shall be enjoyed conformably to Article 3d of the treaty, in such manner that in no case, or under any pretext, shall the said United States exact any compensation from his Most Christian Majesty.

Article ii. His Most Christian Majesty promises and engages on his part, to cause the subjects of the United States to enjoy, in conformity with the 3d Article abovementioned, all the advantages, privileges, and exemptions, which the most favored nations now enjoy, or may enjoy hereafter, and that without exacting any compensation from the said States.

TO MR GRAND.

Paris, May 22d, 1783.

Sir,

We have received the letter you did us the honor to write us on the 10th day of this month, containing a brief state of the affairs of the United States, in your hands. We see the difficulties you are in, and are sorry to say that it is not in our power to afford you any relief.

We have the honor to be, Sir, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 28th, 1783.

Gentlemen,

By the direction of Congress contained in the enclosed resolutions, I have the honor to transmit you the correspondence between General Washington and Sir Guy Carleton, together with minutes of their conference, when in pursuance of the invitation of the first, they met in Orange county. Nothing can be a more direct violation of the seventh Article of the provisional treaty, than sending off the slaves, under pretence, that their Proclamations had set them free, as if a British General had, either by their laws or those of nations, a right by Proclamation, to deprive any man whatever of his property. They may with much more propriety pretend to re-establish every one of their adherents in all the rights they had before the war, since they engaged so to do, and the people with whom they made these engagements were capable of entering into them, which slaves were not. Or even if they were, the promise made to them must be under the same limitations with those made to their other adherents in this country, and amounts to nothing more than this; "make yourselves free, and we will protect you in that freedom as long as we can." The Articles imply, that they were no longer able to protect them. You will be pleased to remonstrate on this subject, and inform Congress of the effects of your representations.

We have been much embarrassed by your silence, not having had a line from you since the Provisional Articles took effect, nor being at all acquainted with the progress of the definitive treaty; though the earliest information on this subject becomes very important. Congress, after some hesitation have ventured to hope, that it will meet with no obstructions, and have accordingly discharged by the enclosed resolution a considerable part of their army upon those principles of economy which extreme necessity dictated. As scarce a week passes without several arrivals from France, Congress complain with some reason of your silence. For my own part I could wish, that you would severally impose upon yourselves the task of writing weekly, and sending your letters to Mr Barclay. As you are possessed of cyphers, there can be no hazard in this, where the subject of your correspondence requires secrecy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 31st, 1783.

Gentlemen,

Congress yesterday passed the enclosed resolutions on the subject of the payment of British debts. The language they speak requires no comment.

I complained in my last of your long silence, or rather laid before you the complaints of Congress. These, I think receive additional force from the intelligence that I have since had, that the negotiations are still going on; and that important propositions have been made you from Holland. As Congress have adjourned for two days, and the packet sails tomorrow, I cannot procure their instructions on this subject; though I think I may venture to say that they will not without reluctance go one step further than their honor requires of them in making new engagements which may involve them in the disputes of Europe, from which they wish to be totally disengaged. I make no observations on these propositions, or your power to accede to them, being well persuaded that you will take no step in this business without a full persuasion that important advantages will result therefrom to these States. The second proposition, in case France and Spain should decline acceding to the first, is more peculiarly delicate from the inability of the contracting powers to enforce them; if, which is hardly to be supposed, they should unite in wishing it.

I cannot help lamenting since so much time has elapsed before any conclusion is formed, that you had not thought it advisable to write me on this subject, explaining the advantages and disadvantages of the measure, and enabling me to take the sense of Congress thereon; for though they have the highest confidence in your judgment and knowledge of the true interests of this country, yet I am persuaded that they think it a duty to see with their own eyes; and to form their own conclusions on great national objects, where there is a possibility of so doing. The experience of the last war has shown that the propositions of the Empress of Russia were little more than a dead letter. Those whom England dared to offend derived no advantage from them. Our engagement therefore on this head will, in my opinion, add little weight to them, unless the great maritime powers of Europe agree to support them, and they may involve us in disagreeable discussions. These however are only my sentiments; those of Congress I am ignorant of.

The fifth and sixth Articles of the provisional treaty excite much ferment here. For though the most dissatisfied spirits acknowledge the whole treaty taken together to answer their highest expectations, yet they wish to take only what they like, and leave out what they disapprove; and such is the relaxation of government, and so great the disorder and uneasiness introduced by the war, that it will be found very difficult to bridle the just resentments of some, and the unfounded apprehensions that others entertain of reimbursement that may effect their particular interests.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

JOHN ADAMS'S PROPOSED AGREEMENT

June, 1783.

ARTICLES

Agreed upon by and between David Hartley, Minister Plenipotentiary of his Britannic Majesty for and in behalf of his said Majesty, on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, Ministers Plenipotentiary of the United States of America, for treating of peace with the Minister Plenipotentiary of his said Majesty, on their behalf, on the other part,

In addition to those Articles agreed upon, on the 30th day of November, 1782, by and between Richard Oswald, the Commissioner of his Britannic Majesty for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty, on the one part, and the said John Adams, Benjamin Franklin, and Henry Laurens, Commissioners of the said States, for treating of peace, with the Commissioner of his said Majesty, on their behalf, on the other part;

Whereas it is expedient, that intercourse and commerce should be opened, between the people and territories subject to the Crown of Great Britain and those of the United States of America, and that this intercourse and commerce should be established on the most enlarged principles of reciprocal benefit to both countries;

1st. It is agreed, that Ministers shall be forthwith nominated and vested with full powers, to treat, agree, and conclude, upon a permanent treaty of commerce between the two powers and their respective citizens, subjects and countries.

2dly. For the purpose of a temporary regulation of such intercourse and commerce, it is agreed,

That the citizens of the United States shall import into, and export from, any part of the dominions, subject to the Crown of Great Britain, in American ships, any goods, wares, and merchandises, which have been so imported, or exported, by the inhabitants of the British American Colonies before the commencement of the late war, paying only the same duties and charges, as the like sort of goods or merchandises are now, or may be, subject to, if imported by British subjects, in British ships, from any British island, or plantation in America; and that the subjects of his Britannic Majesty shall import to, and export from, any part of the territories of the United States of America, in British ships, any goods, wares, and merchandise, which might have been so imported, or exported, by the subjects of his Britannic Majesty, before the commencement of the war, paying the same duties and charges, as the like sort of goods, wares, and merchandises are now, or may be, subject to, if imported in American ships, by any of the citizens of the said United States.

This agreement to continue in force for all vessels, which shall sail from any port of either party, on or before the —— day of —— and no longer; provided always, that nothing in this agreement shall at any time hereafter be argued on either side, in support of any proposition, which may be made in the future negotiation of a permanent treaty of commerce.

JOHN JAY'S PROPOSED AGREEMENT.

June, 1783.

Whereas a variety of circumstances and considerations oppose the forming at present a permanent treaty of commerce, between the Imperial Crown of Great Britain and the United States of America; and whereas it is expedient that a commercial intercourse should be without delay opened and regulated between the kingdom and territories of Great Britain and the said States, by a temporary convention, therefore,

It is agreed that for the term of —— from the date hereof, &c. &c.

Provided that the subjects of his Britannic Majesty shall not have any right or claim under the convention, to carry or import, into the said States any slaves from any part of the world; it being the intention of the said States entirely to prohibit the importation thereof.

And whereas questions may arise respecting the operation of this convention on Ireland, it is agreed that it shall not restrain that kingdom from accepting from, and granting to, the said States further and more extensive commercial privileges than that Island and the British American Colonies enjoyed with respect to each other before the late war.

And whereas this convention is dictated by temporary convenience, and the discussion of questions respecting reciprocity has, in forming it, been avoided; therefore, it is agreed, that no arguments shall be drawn from it, for or against any propositions or claims, which either party may make in treating of, and framing the proposed future treaty of commerce.

DAVID HARTLEY'S PROPOSED AGREEMENT.

June, 1783.

It is agreed, that the citizens of the United States of America shall be permitted to import into, and export from, any port or place of the territories belonging to the Crown of Great Britain, in American ships, any goods, wares and merchandise, which might have been so imported by the inhabitants of the British American Colonies before the commencement of the late war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now, or may be, subject and liable to, if imported or exported by British subjects, in British ships, into and from any port or place of the territories belonging to the Crown of Great Britain; provided, however, that the citizens of the United States shall not have any right or claim, under this convention, to carry on any direct intercourse of commerce between the British West India Islands and the ports of Great Britain.

It is agreed, likewise, that the subjects of Great Britain shall be permitted to import into, and to export from, any part of the territories of the United States of America, in British ships, any goods, wares, and merchandise, which might have been so imported, or exported, by the subjects of Great Britain before the commencement of the late war, upon payment of the same duties and charges, as the like sort of goods, wares, and merchandise are now, or may be, liable to, if imported, or exported, in American ships by the citizens of the United States of America.

REPORT OF A COMMITTEE OF CONGRESS.

By the United States in Congress assembled, June 12th, 1783.

The Committee, to whom was referred a report of the Secretary for Foreign Affairs, on a letter of the 20th of March last from M. Dumas, and sundry papers enclosed, report;

That it appears from the said letter and the papers enclosed, that propositions have been made, on the part of the States-General, to the Ministers of the United States of America at Paris, in order to render an express stipulation in favor of the freedom of navigation less necessary in the treaty of peace between Great Britain and the United Provinces of the Netherlands, either to accede to the treaty of the armed neutrality already concluded between some powers of Europe, or to enter into similar engagements with France, Spain, and the United Provinces of the Netherlands, or, in case France and Spain should refuse to enter into a Convention founded on the principles of the armed neutrality, or wish to delay it till after the general peace, to form a separate convention for similar purposes, between the United Provinces of the Netherlands and the United States of America. That the answers to these propositions do not appear from the papers transmitted, though there is room to infer from M. Dumas's letter of the fourth and eighteenth of February, that the two first of these propositions were encouraged by our Ministers, and that the States-General proposed to act in consequence thereof, and had made the last proposition, in order to be prepared in case either, or both, of the two first should fail.

It appears from the report of the Secretary for Foreign Affairs, that no powers are at present vested in any person in Europe, to agree to any treaty, similar to that entered into by Russia, Sweden, Denmark, and the United Provinces of the Netherlands, after the peace shall be concluded. The resolution of the 5th of October, 1780, empowers the Ministers of these States, if invited thereto, to accede to such regulations conformable to the spirit of the declaration of Russia, as may be agreed upon by the Congress expected to assemble, in pursuance of the invitation of her Imperial Majesty. Our Ministers received no invitation, and special powers were afterwards given to Mr Dana, which, in their nature, superseded that resolution. Mr Dana was by his commission and instructions empowered to sign the treaty or convention, for the protection of commerce in behalf of the United States, either with her Imperial Majesty, in conjunction with the other neutral powers, or if that shall be inadmissible, separately with her Imperial Majesty, or any of those, that is, those neutral powers. The treaty being only made to continue during the war, his powers terminated with the war, or, at most, extended only to sign it with the neutral powers, and not to form a new separate treaty.

Whereupon Congress came to the following resolution.

Whereas the primary object of the resolution of October 5th, 1780, and of the commission and instructions to Mr Dana, relative to the accession of the United States to the neutral confederacy, no longer can operate, and as the true interest of the States requires, that they should be as little as possible entangled in the politics and controversies of European nations, it is inexpedient to renew the said powers either to Mr Dana, or to the other Ministers of these United States in Europe. But, inasmuch as the liberal principles, on which the said confederacy was established, are conceived to be, in general, favorable to the interests of nations, and, particularly, to those of the United States, and ought, in that view, to be promoted by the latter, as far as will consist with their fundamental policy;

Resolved, that the Ministers Plenipotentiary of these United States for negotiating a peace be, and they are hereby instructed, in case they should comprise in the definitive treaty any stipulation, amounting to a recognition of the rights of neutral nations, to avoid accompanying them by any engagements which shall oblige the contracting parties to support those stipulations by arms.

ELIAS BOUDINOT, President.

DAVID HARTLEY TO THE COMMISSIONERS.

Paris, June 14th, 1783.

Gentlemen,

Permit me to address the enclosed Memorial to your Excellencies, and to explain to you my reasons for so doing.

It is because many consequences, now at a great distance, and unforeseen by us, may arise between our two countries, perhaps from very minute and incidental transactions, which in their beginnings may be imperceptible and unsuspected as to their future effects. Our respective territories are in vicinity, and therefore we must be inseparable. Great Britain, with the British power in America, is the only nation with whom, by absolute necessity, you must have the most intimate concerns, either of friendship or hostility. All other nations are three thousand miles distant from you. You may have political connexions with any of these distant nations, but with regard to Great Britain it must be so. Political intercourse and interests will obtrude themselves between our two countries, because they are the two great powers dividing the continent of North America. These matters are not to come into discussion between us now. They are of too much importance, either to be involved, or even glanced at, in any present transaction.

Let every eventual principle be kept untouched, until the two nations shall have recovered from the animosities of the war. Let them have a pacific interval, to consider deliberately of their mutual and combined interests, and of their engagements with other nations. Let us not, at the outset of a temporary convention, adopt the severe principle of reducing every transaction between the two countries to the footing of exact reciprocity alone. Such a principle would cast a gloom upon conciliatory prospects. America is not restrained from any conciliation with Great Britain by any treaty with any other power. The principles of conciliation would be most desirable between Great Britain and America; and forbearance is the road to conciliation. After a war of animosities, time should be allowed for recollection. There are all reasonable appearances of conciliatory dispositions on all sides, which may be perfected in time. Let us not, therefore, at such a moment as this, and without the most urgent necessity, establish a morose principle between us; if it were a decided point against amity and conciliation, it would be time enough to talk of partition and strict reciprocity. To presume in favor of conciliation may help it forward; to presume against it, may destroy that conciliation, which might otherwise have taken place.

But, in the present case, there is more than reason to presume conciliation. I think myself happy, that I have it in my power to assure you, from authority, that it is the fundamental principle of the British Councils, to establish amity and confidence between Great Britain and the American States, as a succedaneum for the relation, in which they formerly stood one to the other. The proof of this consists, not in words, but in substantial facts. His Britannic Majesty has been graciously pleased to send orders to his commanders in North America, for the speedy and complete evacuation of all the territories of the United States. His Majesty has given orders in council, on the 14th of the last month, for the admission of American ships and cargoes into Great Britain; and on the 6th instant, he has given farther orders, permitting the importation from America of several articles, which have been usually considered as manufactures. He has, likewise, provided for the convenience of American merchants, who may wish to land tobacco in Great Britain for re-exportation. Upon the same principle, Mr Fox, the Secretary of State, corresponding with America, has moved for, and received the liberty of the House of Commons, (nem. con.) to bring in a bill, that any American merchants, importing rice into Great Britain, may, upon re-exportation, draw back the whole duty paid on its first importation. All these circumstances put together, undoubtedly form the most indisputable evidence of the disposition, which prevails in the British Councils to give every facility to the re-establishment of that intercourse, which must be so beneficial to both nations.

I am ordered to inform you, that his Majesty entirely approves of the plan of making a temporary convention, for the purpose of restoring immediate intercourse and commerce, and more particularly for the purpose of putting off, for a time, the decision of that important question, how far the British acts of navigation ought to be sacrificed to commercial considerations, drawn from the peculiar circumstances of the present crisis; a question, which will require much deliberation, and very much inquiry, before it can be determined. I am sure, Gentlemen, you will see and admit the reasonableness of our proceeding, in such a case, with deliberation and discretion; more especially, when these acts of prudence do not proceed from any motives of coolness or reserve towards you. In the meantime, the temporary convention may proceed upon principles of real and accommodating reciprocity. For instance, we agree to put you upon a more favorable footing than any other nation. We do not ask a rigid reciprocity for this, because we know, by your present subsisting treaties, it is not in your power to give it to us. We desire only to be put upon the footing of other nations with you, and, yet, we consent that you shall be upon a better footing with us than any other nation.

Thus far, we must be allowed to be giving something more than reciprocity, and this we do, as I said before, because we are unwilling to ask what you are unable to give. Surely, it is not unreasonable, nor more than, from principles of reciprocity, we have a right to expect that you should imitate our conduct in this particular, and that you should abstain from asking things, under the title of exact and literal reciprocity, which, upon the consideration of our case, you must know that we cannot give. Virtual and substantial reciprocity we are willing to give; literal reciprocity is impossible, as much from your engagements, as from our system of navigation.

If we can agree upon an article of intercourse and commerce, in the nature of a temporary convention, on the basis of the Memorial, which I had the honor of giving lately to you, bearing date 19th of May, 1783, no time need be lost in finishing this business; but with this explanation, that although it is proposed, that the commerce between the United States and the British West Indies should be free with regard to their respective productions, yet, that we are not bound to admit the importation of West India commodities into Great Britain in American vessels. Believe me, Gentlemen, that this restriction does not proceed from any invidious disposition towards the American States. It is imposed by indispensable prudence and necessity upon the British Ministers, who, in the present state of things, could not be justified to their own country, to go hastily to a larger extent of concession. This point is not to be looked upon merely as commercial, but as affecting fundamentally the great political system of British navigation; and you are to consider, that the principle, upon which the whole of our proposed temporary convention is to stand, is, that the commerce between the two countries is to be revived nearly upon the old footing; but that each nation is to keep in its own hands, the power of making such regulations respecting navigation, as shall seem fit. I assure you, that this point has been discussed by the Ministers of the British cabinet with infinite candor, and with every possible disposition of amity and favor towards your country; but the more they have inquired upon this subject, the more they are overborne by conviction, that the prejudices upon this matter (if that be the name these opinions deserve) are so strong, that such a measure as a relaxation of the act of navigation, in this instance, never can be taken, but upon such a full and solemn Parliamentary inquiry, as it is impossible to go into at this time of the year, and in this stage of the session. I cannot, therefore, Gentlemen, help flattering myself, that you, who are so well acquainted with difficulties, which must embarrass an English administration in a business of this sort, will rather endeavor to remove them, than to increase them; and I am sure, that such a plan, on your part, would ultimately be most conducive to your own objects. When an amicable intercourse is once opened, and when conciliatory confidence comes to take place of those jealousies, which have lately subsisted, you may easily conceive in how different a manner the whole of this matter will be considered. I am confident that this will be the case, but if it is not, the provisions being only temporary, it will be in the power of the United States, to take up any hostile mode of proceeding, by restraints and prohibitions, &c. whenever they may think fit.

I have made use above of the word prejudices in speaking of the principles of the British act of navigation. I hope you will accept that term from me, as proceeding so far in compliance towards the future consideration of the points now between us, as to keep the question open and free for discussion. If Great Britain should, in any case, throw down the barriers of her act of navigation towards America, she should be very secure against the possible case of future enmity, or alliance against her. Such considerations as these, lead to objects far beyond our present scope or powers. But I must still add one word more upon this article of prejudices. Such prejudices (if they are so) are not confined to Great Britain. By your commercial treaty with France, Article 4th, you are only entitled to an European trade with that kingdom, and not, even by that treaty, to any direct commerce between their West India Islands and the ports of the American States; much less to the immediate communication between the French Islands and the dominions of the Crown of France in Europe. Every public proceeding in England, since the commencement of our present negotiation for opening the intercourse and commerce between our two countries, will, I am sure, support me in saying, that we have very liberally taken the lead; that we have not waited for any assurance of reciprocity, but have given orders for almost a universal admission of American articles, before we even know that any vessel from Great Britain will find admission into any American ports. What do we ask in return? No more than this; that while we gratuitously, and without stipulation, give advantages and favors to the American States, which we deny to all other nations, they would so far justify our liberal way of proceeding, as to receive us in the same manner as other nations, which are foreign, and to permit us to carry to North America, what it is evidently for their interest that we should carry thither.

I need hardly add, that it is of infinite importance, that some temporary convention should be finished without loss of time. I hope and trust that we shall not find much more difficulty in this business. You must see the advantage of an immediate renewal of intercourse, and from the candor of your dispositions, I am sure you must likewise be convinced, that to give us some facility in the outset, is the sure road to such an equitable arrangement for the future, as you must have at heart. The reasons, which I have given in the Memorial appear to me to be cogent and convincing, upon the natural alliance between our two countries. And when the intercourse has once begun, everything will go in its natural road. It is, therefore, of infinite consequence to begin that intercourse. Great Britain, by all public proceedings of repeals, proclamations, &c. &c. has made the first advances, with warmth and confidence, and, therefore, I conclude, with the fullest assurance, that you will meet those advances with cordial reciprocity.

I have the honor to be, &c.

D. HARTLEY.

DAVID HARTLEY'S MEMORIAL TO THE COMMISSIONERS.

The proposition, which has been made for a universal and unlimited reciprocity of intercourse and commerce, between Great Britain and the American United States, requires a very serious consideration on the part of Great Britain, for the reasons already stated in a Memorial, dated May 19th, 1783, and for many other reasons, which in the future discussion of the proposition will appear. To the American States, likewise, it is a matter of the deepest importance, not only as a proposition of commercial intercourse, which is the least part, but most principally, as a political basis and guarantee for their newly established constitutions. The introduction of British interests into a communion of intercourse, will bring forward a universal guarantee on the part of Great Britain, in the future progress of political events, which may affect the United States of America in their national capacity. The proposition is fertile in future prospects to Great Britain; and America also may wisely see in it a solid foundation for herself.

All circumstances are most fortunately disposed between Great Britain and the American States, to render them useful friends and allies to each other, with a higher degree of suitableness between themselves than any other nations can pretend to. France cannot interchange reciprocities with the American States, by reason of numberless impediments in her system of government, in her monopolies, and her system of commerce. France has the great disability of difference in language to contend with; and the institution of the present French manufactures has never, at any time heretofore, been trained or adapted to American commerce. The only particular and pacific facility which France ever possessed for American intercourse, has for many years been transferred into the British scale by the cession of Canada to Great Britain. The future commerce, between France and America, will chiefly be regulated by such conveniences as France can draw to herself from America, without much aptitude on the part of France, to accommodate her manufactures and commerce to American demands. In short, an interchange of reciprocities between France and America, would run against the stream on both sides; and all established habits, manners, language, together with the principles of government and commerce, would militate against such a system.

Conformably to this reasoning, it appears, that France has not at any time entertained any systematical design of forming any union or consolidation of interests with America. She took up the American cause, as instrumental to her political views in Europe. America likewise accepted the alliance with France, for her separate views, viz. for the establishment of her independence. The alliance, therefore, is completed and terminated, without leaving behind it any political principle of future permanent connexion between them. Occasional circumstances produced a temporary alliance. Similar circumstances may, on any future occasion, produce a similar event of a temporary compact. Dissimilar circumstances, arising from any future political views of the Court of France in Europe, may without any inconsistency of principle, throw the power of that kingdom into a scale adverse to the future interests of the American States. In such case, therefore, where there cannot exist any permanent political connexion between France and America, and where the commercial attachments can be but feeble, it would be vain to expect in the French nation any such ally, as newly established States ought to look out for, to give maturity and firmness to their constitutions.

As to Spain, every argument which has been stated respecting diversity of language, manners, government, monopolies, and system of commerce, from those which prevail in the United States of America, obtains in a superior degree. And much more to add besides, for Spain is not only incompetent to interchange reciprocities with the American States, but likewise her own situation in America will at all times render her extremely jealous of her neighbors. The only activity which Spain has exerted in the war, has been to procure a barrier against the American States, by annexing West Florida to her former acquisition of New Orleans; thereby embracing the mouth of the Mississippi, and by means of that river, jointly with her landed possessions, establishing a strong and jealous boundary against any future progress of the American States in those parts. Spain, therefore, cannot be looked upon by the American States as a suitable object of their election, to become a permanent ally and friend to them. Portugal, likewise, labors under all the disabilities of language, manners, monopolies, government and system of commerce. Her national power and importance would be likewise insufficient to constitute a strong and permanent ally to the American States. All these nations will undoubtedly be found to have many commodious qualities for participation in commerce; but the permanent facilities necessary to constitute a firm and permanent ally to the American States, will be found deficient in them.

As to the Italian States, or any other powers in the Mediterranean, they are certainly not adequate to any competition of political alliance with the rising States of America. They will also form very commodious links and connexions in the general circuit of commerce; but beyond these considerations, they have no share in the present question. The several States in the Germanic body are in the same predicament.

As to the Northern powers, viz. those in the Baltic, they are not favored either by vicinity, or climate, for a frequent or facile intercourse of commerce with America. And even respecting several material articles of commerce, jealousies and competitions might arise. As to political alliances, there are no such in prospect from them to the American States. Even if there were any superfluity of force in any of them beyond the necessities of their respective domestic situations, the extreme distance would be conclusive against any possible application of such power, as a political alliance favorable to the establishment and conformation of the American States.

The only maritime state on the continent of Europe remaining to be discussed, as a competent candidate for commerce, or connexion with America, is the Republic of the United Netherlands, commonly called Holland. In respect to American commerce, the Dutch have among themselves every facility combined, which the separate States of Europe, possess distinctly in their own concerns, or nearly. Their industry, frugality, and habits of commerce, may even carry them so far, as to make them rivals to the Americans themselves, in the transportation of European merchandise to America. These faculties of commerce would have been of infinite importance to the American States, if the war had continued between Great Britain and them. But upon the event of peace, it becomes a matter of the most perfect indifference to America, whether each European State navigates its own commerce into the ports of America, which will open to all, or whether the commercial faculties of Holland enable her to exceed in rivalship her European neighbors, and thereby to navigate European goods to America beyond the proportion of her national share. The faculties of a nation of carriers may be fortunate for the marine of that nation; but considered in themselves, and with respect to other nations, they are but secondaries in commerce. They give no ground of reciprocities, or participation. That one nation should say to another, you shall navigate all our rivers, harbors, lakes, ports, and places, if we may do the same in yours, is a proposition of reciprocity; but that Holland should say to America, we will bring European goods to you, or you may be your own carriers, is neither concession nor reciprocity. Holland is not a nation of rivers, harbors, lakes, ports, and places, for the distribution of goods and manufactures for internal consumption, and, therefore, her reciprocities must be very scanty. Holland is the market-place of Europe, and the Dutch seamen are the carriers appertaining to that market-place. The admission of American ships to that market-place, freely to import and to export, is, undoubtedly, an act of reciprocity on the part of Holland as far as it goes, but in no degree adequate to the unlimited participation of American commerce throughout the rivers, harbors, lakes, ports, and places of that vast continent. The commercial reciprocities of Holland, therefore, being inferior, on her part, towards America, the next point of view in which Holland is to be considered, as relevant to this question, is, as a nation of power, capable of becoming an effectual and permanent ally and guarantee to the American States, for that is the great object, which America, as a wise nation, recently arisen into independence, ought to keep in view. Holland has certainly been a nation of great and celebrated naval force. She remains so still; but having for many years suspended her exertions of force, and having directed the faculties of her people into the commercial line, she seems not to have any superfluity of force beyond the necessity of providing for her own security; and, certainly, no such redundance of power, as to extend to the protection of distant nations, as allies or guarantees. It appears, therefore, upon the whole of this argument, that Holland, although a commercial nation, cannot even interchange commercial reciprocities with America upon an equal footing, and that her faculties of force are inadequate to those, which America ought to expect in the permanent allies and guarantees of her country.

The independence of the American States being established, their first consideration ought to be, to determine with what friendships and alliances they will enter into the new world of nations. They will look round them, and cast about for some natural, permanent, and powerful ally, with whom they may interchange all cementing reciprocities, both commercial and political. If such an ally be to be found anywhere for them, it is still in Great Britain; at least, it is certain, that, in looking round Europe, no other is to be found. There is no inherent impossibility to prevent such a connexion from taking place; it must depend on the free will and common interest of the parties. There are all possible faculties on both sides, to give and to receive all adequate and beneficial reciprocities, which are practicable and more likely to be permanent between independent parties, than between two parties, of which one is dependent on the other. Great Britain is, undoubtedly, the first of European nations, in riches, credit, faculties, industry, commerce, manufactures, internal consumption, and foreign export, together with civil liberty, which is the source of all, and naval power, which is the support of all. The dominions appertaining to the Crown of Great Britain are large and fertile; its Colonies still extensive, and in close vicinity to the American States, Great Britain being an American, as well as an European power, and all her empire connected by her naval force.

The territories of the American States, from the Atlantic ocean to the Mississippi, contain an inexhaustible source of riches, industry, and future power. These will be the foundations of great events in the new page of life. Infinite good, or infinite evil, may arise according to the principles upon which the intercourse between Great Britain and America shall be arranged in its foundation. Great Britain and America must be still inseparable, either as friends or foes. This is an awful and important truth. These are considerations not to be thought of slightly; not to be prejudged in passion, nor the arrangements of them to be hastily foreclosed. Time given for consideration may have excellent effects on both sides. The pause of peace, with friendly intercourse, returning affection, and dispassionate inquiry, can alone decide these important events, or do justice to the anxious expectations of Great Britain and America.

THE PRESIDENT OF CONGRESS TO THE COMMISSIONERS.

Philadelphia, June 16th, 1783.

Gentlemen,

I am sorry to inform you, that by the resignation of Mr Livingston as Minister for Foreign Affairs, it has become necessary that you should receive the resolutions of Congress, relative to your mission through my hands. The disadvantage arising from this necessity, until a successor to that worthy gentleman is appointed, will be yours, as it is impossible for me to do more than barely to transmit the acts of Congress necessary for your information.

Enclosed you have one of the 1st of May last, and another of the 12th instant, which I hope will get safe to hand time enough for your government. The commission and instructions referred to in the first, not being ready, it was thought best to forward the resolution without delay, that you might know what was intended in the present important period of your negotiation. We have been much surprised, that we have not received any communications from you since the cessation of hostilities, except a letter of the 5th of April, from Mr Laurens.

I have the honor to be, &c.

ELIAS BOUDINOT, President.

HENRY LAURENS TO THE COMMISSIONERS.

London, June 17th, 1783.

Gentlemen,

I had the honor of addressing you on the 10th, immediately after my landing at Dover. As early as possible after my arrival here, I obtained an interview with Mr Secretary Fox, who was pleased to read to me part of his latest despatches to Mr Hartley, which he supposed would reach Paris on the 14th. It is probable, therefore, that before this time, as much of the contents as is proper for your knowledge has been communicated.

"Reciprocity," since the 10th of April, has undergone a certain degree of refinement. The definition of that term appears now to be possession of advantages on one side, and restrictions on the other. "The navigation act is the vital of Great Britain, too delicate to bear a touch." The sudden and unexpected, perhaps illicit, arrival of ships and cargoes from America, may have caused this change of tone. But you have heard in detail, and are more competent to judge.

From a desire of forming an opinion, I asked Mr Fox, whether he thought I might venture for a few days, to take the benefit of Bath, and yet be in time enough at Paris for the intended commercial agreement? He replied, "I rather think you may." One need not be a conjurer to draw an inference; you will either have finished the business before I could travel to Paris, or without being missed there I may go to Bath and repair my nerves.

In this state of uncertainty, when it is easy to perceive affections are not as we could wish them, nor quite so warm as we had been taught to believe, it would not be wise to commit the United States; wherefore I shall rest the business till I hear from you, or until a more favorable prospect; flattering myself with hopes of your surmounting the late seeming difficulties. An inconvenience on your side is preferable to the hazard of a disgrace.

I am, with great regard and respect, &c.

HENRY LAURENS.

THE PRESIDENT OF CONGRESS TO B. FRANKLIN.

Philadelphia, June 18th, 1783.

Sir,

I have the honor of enclosing you an official letter, directed to our Ministers Plenipotentiary at Paris.

The resignation of the late Secretary for Foreign Affairs, (occasioned by his preference of the Chancellorship of the State of New York, which he could not hold longer and retain his Secretaryship,) has cast the business of his office on me, till a successor is elected, which I hope will speedily take place.

As part of the resolution of Congress of the 12th instant, enclosed in that letter, is of a secret nature, I have written it in cyphers, but not having that of Mr Livingston's, I thought it best to use Mr Morris's to you, which he has obligingly supplied me with; so that the Ministers will be indebted for your decyphering it.

Your letter to Mr Livingston of the 15th of April, enclosing the two medals, came to hand this morning. I am sorry to find, that you have cause for similar complaints to those we have been making for two months past, on the subject of want of intelligence. We have not heard from any of our Commissioners at Paris, since February, excepting a letter from Mr Laurens, though our anxiety and expectations have been wound up to the highest pitch.

I feel myself much indebted for your polite compliment of the medal; it is thought very elegant, and the device and workmanship much admired. You will be pleased, Sir, to accept my acknowledgments on this occasion. As I doubt not but the copper one was designed for Mr Livingston personally, I shall send it to him by the first convenient opportunity. He is a worthy deserving character, and the United States will suffer greatly by his resignation, though I think him justified in attending to the calls of his private affairs.

You will receive herewith a number of our late newspapers, in which are inserted many resolves, associations, &c. from all parts of the country, which I earnestly wish could be kept out of sight. But the truth is, that the cruelties, ravages, and barbarisms of the refugees and loyalists, have left the people so sore, that it is not yet time for them to exercise their good sense and cooler judgment. And that cannot take place, while the citizens of New York are kept out of their city, and despoiled daily of their property, by the sending off their negroes by hundreds, in the face of the treaty. It has been exceedingly ill judged in the British to retain New York so long, and to persist in sending away the negroes, as it has irritated the citizens of America to an alarming degree.

I have the honor to be, &c.

ELIAS BOUDINOT.

HENRY LAURENS TO THE COMMISSIONERS.

London, June 20th, 1783.

Gentlemen,

Permit me to refer to what I had the honor of writing to you the 17th. You will recollect my suggestions, as soon as we perceived the falling off from those warm assurances, which had been pressed in March and April. They were not ill founded. I delayed a week in hopes of intelligence, and left you with reluctance; the temper of the times forbids even an essay.

What a happy country is this, where everything pertaining to the public is rendered to them in public newspapers. See the enclosed, containing nearly as accurate an account of certain recent occurrences, as if it had been penned by one of the parties. It might indeed have been made a little stronger. Modest men are sometimes restrained from attempting a public good, from a dread of the effects of envy, of being held up in an invidious light. It would be cruel to disturb them.

I have heard nothing from America, save what you may have read in the prints. Tomorrow I shall proceed to Bath, and be waiting for intelligence, as well from yourselves as from Congress. Some consolation arises from reflecting, that while I am endeavoring to mend my health, you suffer no inconvenience from my absence.

With sincere regard and respect,

HENRY LAURENS.

TO THE COUNT DE VERGENNES.

Passy, June 28th, 1783.

Sir,

Mr Grand, banker to the Congress, having laid before us the annexed state of their affairs in his hands, we conceive ourselves indispensably obliged to communicate the same to your Excellency, as some important interests of both countries are concerned.[15]

Before the peace was known in America, and while Mr Morris had hopes of obtaining the five per cent duty and a larger loan from his Majesty, the immediate urgent necessities of the army obliged him to draw bills, and sell them to the merchants, to raise money for the purchase of provisions, to prevent their starving or disbanding.

The merchants have thereupon formed their plans of business, and remitted those bills to their correspondents here, to pay debts, and purchase goods in this kingdom, to be carried home in the ships, that are come, or coming to France, thus to open a larger commerce with this nation.

If those bills cannot be paid, the creditors of America will be disappointed and greatly hurt, and the commerce will be deranged and discouraged in its first operations, of which the numerous ill consequences are more easily imagined than described.

Our loan in Holland is going on, and with such prospect of success, that the bankers, who have the care of it, have lately sent by express to Mr Adams all the blank obligations, necessary to complete it, for him to sign, that they might have them ready to deliver, as demanded, his return thither being delayed.

This loan will, therefore, probably answer the bills Mr Morris has drawn on those bankers.

But the protesting any of his bills here would occasion such an alarm there, as must probably entirely stop any further progress of that loan, and thereby increase the mischief.

The government of the Congress would also be enfeebled by it.

We apprehend, too, that, in the present unsettled situation of our affairs with England, such a failure might have very ill effects, with respect to our negotiations.

We therefore request your counsel, hoping your wisdom, which has so often befriended our nation, may point out some way, by which we may be extricated from this distress.

And as the King has hitherto so generously assisted us, we hope that, if it is any way practicable, his Majesty will crown the glorious work, by affording us this help, at the different periods when it will be wanted, and which is absolutely the last that will be asked.

We are, with sincere and great respect, &c.

B. FRANKLIN, JOHN JAY.

FOOTNOTE:

PROPOSITIONS MADE BY THE COMMISSIONERS TO DAVID HARTLEY FOR THE DEFINITIVE TREATY.

Article i. To omit in the definitive treaty the exception, at the end of the second Article of the provisional treaty, viz. these words, "excepting such islands as now are, or heretofore have been within the limits of the said Province of Nova Scotia."

Article ii. The prisoners made respectively, by the arms of his Britannic Majesty, and the United States, by sea and by land, not already set at liberty, shall be restored reciprocally and bona fide, immediately after the ratification of the definitive treaty, without ransom, and on paying the debts they may have contracted during their captivity; and each party shall respectively reimburse the sums, which shall have been advanced, for the subsistence and maintenance of the prisoners, by the sovereign of the country where they shall have been detained, according to the receipts and attested accounts, and other authentic titles, which shall be produced on each side.

Article iii. His Britannic Majesty shall employ his good offices and interposition with the King or Emperor of Morocco or Fez, the Regencies of Algiers, Tunis and Tripoli, or with any of them, and also with every other Prince, State or power of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States and powers and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency and safety of the said United States and each of them, their subjects, people and inhabitants, and their vessels and effects, against all violence, insult, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects.

Article iv. If war should hereafter arise between Great Britain and the United States, which God forbid, the merchants of either country then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hinderance. And all fishermen, all cultivators of the earth, and all artisans and manufacturers unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably follow their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy in whose power, by the events of war, they may happen to fall; but if anything is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price. And all merchants or traders with their unarmed vessels employed in commerce, exchanging the products of different places and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain, and more general, shall be allowed to pass freely unmolested. And neither of the powers, parties to this treaty, shall grant or issue any commission, to any private armed vessels, empowering them to take or destroy such trading ships, or interrupt such commerce.

Article v. And in case either of the contracting parties, shall happen to be engaged in war with any other nation, it is further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall on any account be deemed contraband, so as to induce confiscation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such ships and detain them for such length of time as the captors may think necessary to prevent the inconveniences or damage that might ensue from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors. And it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying to the owners the full value of the same.

Article vi. The citizens and inhabitants of the said United States, or any of them, may take and hold real estates in Great Britain, Ireland, or any other of his Majesty's dominions, and dispose by testaments, donations or otherwise of their property, real or personal, in favor of such person as to them shall seem fit; and their heirs, citizens of the said United States, or any of them residing in the British dominions or elsewhere, may succeed them ab intestato, without being obliged to obtain letters of naturalization. The subjects of his Britannic Majesty shall enjoy on their parts, in all the dominions of the said United States, an entire and perfect reciprocity, relative to the stipulations contained in the present Article.

Article vii. The ratifications of the definitive treaty shall be expedited in good and due form, and exchanged in the space of five months, or sooner if it can be done, to be computed from the day of the signature.

Article viii. Query. Whether the King of Great Britain will admit the citizens of the United States to cut logwood on the district allotted to his Majesty by Spain, and on what terms?

DAVID HARTLEY'S SIX PROPOSITIONS FOR A DEFINITIVE TREATY.

June, 1783.

1st. That lands belonging to persons of any description, which have not actually been sold, shall be restored to the old possessors without price.

2dly. That an equal and free participation of the different carrying places, and the navigation of all the lakes and rivers of that country, through which the water line of division passes between Canada and the United States, shall be enjoyed fully and uninterruptedly by both parties.

3dly. That in any such places, within the boundaries assigned generally to the American States, as are adjoining to the water line of division, and which are not specifically under the dominion of any one State, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in peaceable enjoyment of all civil rights, and in pursuit of their respective occupations.

4thly. That in any such places adjoining to the water line of division, as may be under the specific dominion of any particular State, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations, until they shall receive notice of removal from the State to which any such place may appertain; and, upon any such notice of removal, a term of three years shall be allowed for selling, or withdrawing their valuable effects, and for settling their affairs.

5thly. That his Britannic Majesty's forces, not exceeding —— in number, may continue in the posts now occupied by them contiguous to the water line, for the term of three years, for the purpose of securing the lives, property, and peace of any persons settled in that country, against the invasion or ravages of the neighboring Indian nations, who may be suspected of retaining resentments, in consequence of the late war.

6thly. That no tax or impost whatsoever, shall be laid on any articles of commerce passing or repassing through the country, but that the trade may be left entirely open, for the benefit of all parties interested therein.

THE COMMISSIONERS' ANSWERS TO MR HARTLEY'S SIX PROPOSITIONS.

To the 1st. This matter has been already regulated in the 5th and 6th Articles of the Provisional Treaty, to the utmost extent of our powers. The rest must be left to the several States.

2dly. All the lakes, rivers, and waters, divided by the boundary line, or lines, between the United States and his Britannic Majesty's territories, shall be freely used and navigated by both parties, during the whole extent of such divisions. Regulations concerning roads, carrying places, and any land communications between said waters, whether within the line of the United States or that of his Majesty, together with the navigation of all waters and rivers in America, belonging to either party, may be made in a negotiation of a treaty of commerce.

3dly. That in all places belonging to the United States, in the country adjoining to the water line of division, and which, during the war, were in his Majesty's possession, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations, until they shall receive notice of removal from Congress, or the State to which any such place may appertain; and that upon any such notice of removal, a term of two years shall be allowed for selling, or withdrawing their effects, and for settling their affairs.

4thly. That his Britannic Majesty's forces, not exceeding —— in number, may continue in the posts now occupied by them contiguous to the water line, until Congress shall give them notice to evacuate the said posts, and garrisons of their own shall arrive at said posts, for the purpose of securing the lives, property, and peace of any persons settled in that country, against the invasion or ravages of the neighboring Indian nations, who may be suspected of retaining resentments, in consequence of the late war.

5thly. The consideration of this proposition may be left to the treaty of commerce.

TO DAVID HARTLEY.

Passy, July 17th, 1783.

Sir,

We have the honor to inform you, that we have just received from Congress, their ratification in due form, of the Provisional Articles of the 30th of November, 1782, and we are ready to exchange ratifications with his Britannic Majesty's Ministers as soon as may be.

By the same Articles it is stipulated, that his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the United States, and from every port, place, and harbor within the same. But, by intelligence lately received from America, and by the enclosed copies of letters and conferences between General Washington and Sir Guy Carleton, it appears that a considerable number of negroes, belonging to the citizens of the United States, have been carried off from New York, contrary to the express stipulation contained in the said Article. We have received from Congress their instructions to represent this matter to you, and to request that speedy and effectual measures be taken to render that justice to the parties interested, which the true intent and meaning of the Article in question plainly dictates.

We are also instructed to represent to you, that many of the British debtors in America have, in the course of the war, sustained such considerable and heavy losses by the operations of the British arms in that country, that a great number of them have been rendered incapable of immediately satisfying those debts; we refer it to the justice and equity of Great Britain, so far to amend the Article on that subject, as that no execution shall be issued on a judgment to be obtained in any such case, but after the expiration of three years from the date of the definitive treaty of peace. Congress also think it reasonable, that such part of the interest, which may have accrued on such debts during the war, shall not be payable, because all intercourse between the two countries had, during that period, become impracticable, as well as improper. It does not appear just, that individuals in America should pay for delays in payment, which were occasioned by the civil and military measures of Great Britain. In our opinion, the interest of the creditors as well as the debtors, requires that some tenderness be shown to the latter, and that they should be allowed a little time to acquire the means of discharging debts, which, in many instances, exceed the whole amount of their property.

As it is necessary to ascertain an epocha for the restitutions and evacuations to be made, we propose, that it be agreed, that his Britannic Majesty shall cause to be evacuated the posts of New York, Penobscot, and their dependencies with all other posts and places in possession of his Majesty's arms within the United States, in the space of three months after the signature of the definitive treaty, or sooner, if possible, excepting those posts contiguous to the water line, mentioned in the 4th proposition, and those shall be evacuated when Congress shall give the notice therein mentioned.

We do ourselves the honor of making these communications to you, Sir, that you may transmit them, and the papers accompanying them, to your Court, and inform us of their answer.

We have the honor to be, &c. &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

TO ROBERT R. LIVINGSTON.

Passy, July 18th, 1783.

Sir,

We have had the honor of receiving by Captain Barney your two letters of the 25th of March and 21st of April, with the papers referred to in them.

We are happy to find, that the Provisional Articles have been approved and ratified by Congress, and we regret, that the manner in which that business was conducted, does not coincide with your ideas of propriety. We are persuaded, however, that this is principally owing to your being necessarily unacquainted with a number of circumstances, known to us, who were on the spot, and which will be particularly explained to you hereafter, and, we trust, to your satisfaction, and that of the Congress.

Your doubts respecting the Separate Article, we think, are capable of being removed; but as a full state of the reasons and circumstances, which prompted that measure, would be very prolix, we shall content ourselves with giving you the general outlines.

Mr Oswald was desirous to cover as much of the eastern shores of the Mississippi with British claims as possible; and, for this purpose, we were told a great deal about the ancient bounds of Canada, Louisiana, &c. &c. The British Court, who had, probably, not yet adopted the idea of relinquishing the Floridas, seemed desirous of annexing as much territory to them as possible, even up to the mouth of the Ohio. Mr Oswald adhered strongly to that object, as well to render the British countries there of sufficient extent to be (as he expressed it) worth keeping and protecting, as to afford a convenient retreat to the tories, for whom it would be difficult otherwise to provide; and, among other arguments, he finally urged his being willing to yield to our demands to the east, north, and west, as a further reason for our gratifying him on the point in question. He also produced the commission of Governor Johnson, extending the bounds of his government of West Florida, up to the river Yazoo; and contended for that extent as a matter of right, upon various principles, which, however, we did not admit, the King not being authorised, in our opinion to extend or contract the bounds of the colonies at pleasure.

We were of opinion, that the country in contest was of great value, both on account of its natural fertility and of its position, it being, in our opinion, the interest of America to extend as far down towards the mouth of the Mississippi as we possibly could. We also thought it advisable to impress Britain with a strong sense of the importance of the navigation of that river to their future commerce on the interior waters, from the mouth of the St Lawrence to that of the Mississippi, and thereby render that Court averse to any stipulations with Spain to relinquish it. These two objects militated against each other, because to enhance the value of the navigation, was also to enhance the value of the countries contiguous to it, and thereby disincline Britain to the dereliction of them. We thought, therefore, that the surest way to reconcile and obtain both objects would be by a composition beneficial to both parties. We therefore proposed, that Britain should withdraw her pretensions to all the country above the Yazoo, and that we would cede all below it to her, in case she should have the Floridas at the end of the war; and, at all events, that she should have a right to navigate the river throughout its whole extent. This proposition was accepted, and we agreed to insert the contingent fact of it in a separate Article, for the express purpose of keeping it secret for the present. That Article ought not, therefore, to be considered as a mere matter of favor to Britain, but as the result of a bargain, in which that Article was a quid pro quo.

It was in our opinion, both necessary and justifiable, to keep this Article secret. The negotiations between Spain, France, and Britain were then in full vigor, and embarrassed by a variety of clashing demands. The publication of this Article would have irritated Spain, and retarded, if not have prevented her coming to an agreement with Britain.

Had we mentioned it to the French Minister, he must have not only informed Spain of it, but also been obliged to act a part respecting it, that would probably have been disagreeable to America; and he certainly has reason to rejoice that our silence saved him that delicate and disagreeable task.

This was an Article, in which France had not the smallest interest, nor is there anything in her treaty with us, that restrains us from making what bargain we please with Britain about those or any other lands, without rendering account of such transaction to her or any other power whatever. The same observation applies with still greater force to Spain; and neither justice nor honor forbid us to dispose as we pleased of our own lands without her knowledge or consent. Spain at that very time extended her pretensions and claims of dominion, not only over the tract in question but over the vast region lying between the Floridas and Lake Superior; and this Court was also, at that very time, soothing and nursing those pretensions by a proposed conciliatory line for splitting the difference. Suppose, therefore, we had offered this tract to Spain, in case she retained the Floridas, should we even have had thanks for it? or would it have abated the chagrin she experienced from being disappointed in her extravagant and improper designs on that whole country? We think not.

We perfectly concur with you in sentiment, Sir, that "honesty is the best policy." But, until it be shown that we have trespassed on the rights of any man, or body of men, you must excuse our thinking that this remark as applied to our proceedings was unnecessary.

Should any explanations, either with France or Spain become necessary on this subject, we hope and expect to meet with no embarrassment. We shall neither amuse them nor perplex ourselves with flimsy excuses, but tell them plainly, that it was not our duty to give them the information; we considered ourselves at liberty to withhold it. And we shall remind the French Minister that he has more reason to be pleased than displeased with our silence. Since we have assumed a place in the political system of the world, let us move like a primary and not like a secondary planet.

We are persuaded, Sir, that your remarks on these subjects resulted from real opinion and were made with candor and sincerity. The best men will view objects of this kind in different lights even when standing on the same ground; and it is not to be wondered at, that we, who are on the spot and have the whole transaction under our eyes, should see many parts of it in a stronger point of light, than persons at a distance, who can only view it through the dull medium of representation.

It would give us great pain if anything we have written or now write respecting this Court should be construed to impeach the friendship of the King and nation for us. We also believe that the Minister is so far our friend, and is disposed so far to do us good offices, as may correspond with, and be dictated by his system of policy for promoting the power, riches, and glory of France. God forbid that we should ever sacrifice our faith, our gratitude, or our honor, to any considerations of convenience; and may He also forbid that we should ever be unmindful of the dignity and independent spirit, which should always characterize a free and generous people.

We shall immediately propose an Article to be inserted in the definitive treaty for postponing the payment of British debts for the time mentioned by Congress.

There are, no doubt, certain ambiguities in our Articles, but it is not to be wondered at, when it is considered how exceedingly averse Britain was to any expressions, which explicitly wounded the tories; and how disinclined we were to use any, that should amount to absolute stipulations in their favor.

The words for returning the property of real British subjects were well understood and explained between us, not to mean or comprehend American refugees. Mr Oswald and Mr Fitzherbert know this to have been the case, and will readily confess and admit it. This mode of expression was preferred by them, as a more delicate mode of excluding those refugees, and of making a proper distinction between them and the subjects of Britain, whose only particular interest in America consisted in holding lands or property there.