shall be permitted to import into, and export from, any part of his
Britannic Majesty’s dominions in American ships, any goods, wares
and merchandise, which have been so imported, or exported, by the
inhabitants of the British American Colonies, before the commencement
of the 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 by British subjects in British ships, from any
British island or plantation in America, and that all the subjects
of his Britannic Majesty shall be permitted to import 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, upon payment of the same
duties and charges, as the like sort of goods, wares and merchandise
are now, or may be subject and liable to, if imported in American
ships by any of the citizens of the United States of America.
This agreement to continue in force until _______. Provided always,
that nothing contained in this agreement shall at any time hereafter
be argued on either side, in support of any future demand or claim.
_Observations and Propositions of Mr Hartley, left with the
American Ministers, May 21st_, 1783.
A proposition having been offered by the American ministers for
the consideration of his Britannic Majesty’s ministers, and of the
British nation, for an entire and reciprocal freedom of intercourse
and commerce between Great Britain and the American United States, in
the following words, viz.
“That all rivers, harbors, lakes, ports and places, belonging to the
United States or any of them, shall be open and free to the merchants
and other subjects of the Crown of Great Britain and their trading
vessels, who shall be received, treated and protected like the
merchants and trading vessels of the State in which they may be, and
may be liable to no other charges or duties.
“And reciprocally, that all rivers, harbors, lakes, ports and places,
under the dominion of his Britannic Majesty, shall be open and free
to the merchants and trading vessels of the said United States,
and of each and every of them, who shall be received, treated, and
protected like the merchants and trading vessels of Great Britain,
and to be liable to no other charges and duties, saving always to the
chartered trading companies of Great Britain, such exclusive use and
trade of their respective ports and establishments, as neither the
other subjects of Great Britain, or any of the most favored nations
participate in.”
It is to be observed, that this proposition implies a more ample
participation of British commerce, than the American States possessed
even under their former connexion of dependence upon Great Britain,
so as to amount to an entire abolition of the British act of
navigation, in respect to the thirteen United States of America, and
although proceeding on their part from the most conciliatory and
liberal principles of amity and reciprocity, nevertheless it comes
from them, as newly established States, and who, in consequence
of their former condition of dependence, have never yet had any
established system of national commercial laws, or of commercial
connexions by treaties with other nations, free and unembarrassed
of many weighty considerations, which require the most scrupulous
attention and investigation on the part of Great Britain, whose
ancient system of national and commercial policy is thus suddenly
called upon to take a new principle for its foundation, and whose
commercial engagements with other ancient States may be most
materially affected thereby. For the purpose, therefore, of giving
sufficient time for the consideration and discussion of so important
a proposition, respecting the present established system of the
commercial laws and policy of Great Britain, and their subsisting
commercial engagements with foreign powers, it is proposed that a
temporary intercourse of commerce shall be established between Great
Britain and the American States, previously to the conclusion of
any final and perpetual compact. In this intervening period, as the
strict line and measure of reciprocity, from various circumstances,
cannot be absolutely and completely adhered to, it may be agreed that
the commerce between the two countries shall revive, as nearly as can
be, upon the same footing and terms as formerly subsisted between
them, provided always, that no concession on either side, in the
proposed temporary convention, shall be argued hereafter in support
of any future demand or claim. In the mean time, the proposition
above stated may be transmitted to London, requesting (with his
Majesty’s consent) that it may be laid before Parliament for their
consideration.
It is proposed therefore, that the unmanufactured produce of the
United States should be admitted into Great Britain without any
other duties, (those imposed during the war excepted) than those to
which they were formerly liable. And it is expected in return, that
the produce and manufactures of Great Britain should be admitted
into the United States in like manner. If there should appear any
want of reciprocity in this proposal, upon the grounds of asking
admission for British manufactures into America, while no such
indulgence is given to American manufactures in Great Britain, the
answer is obvious, that the admission of British manufactures into
America is an object of great importance, and equally productive
of advantage to both countries, while, on the other hand, the
introduction of American manufactures into Great Britain can be of
no service to either, and may be productive of innumerable frauds,
by enabling persons, so disposed, to pass foreign European goods,
either prohibited or liable to great duties by the British laws, for
American manufactures.
With regard to the West Indies, there is no objection to the most
free intercourse between them and the United States. The only
restriction proposed to be laid upon that intercourse, is prohibiting
American ships carrying to those Colonies any other merchandise, than
the produce of their own country. The same observation may be made
upon this restriction as upon the former. It is not meant to affect
the interests of the United States, but it is highly necessary, lest
foreign ships should make use of the American flag, to carry on a
trade with the British West India Islands.
It is also proposed upon the same principle to restrain the ships,
that may trade to Great Britain from America, from bringing foreign
merchandise into Great Britain. The necessity of this restriction is
likewise evident, unless Great Britain meant to give up the whole
navigation act. There is no necessity for any similar restrictions on
the part of the American States, those States not having as yet any
acts of navigation.
TO THE SECRETARY OF FOREIGN AFFAIRS.
Bath, June 27th, 1783.
Sir,
I beg leave to refer you to the contents of a letter, which I had
the honor of writing from London the 17th instant, by the hands of
Mr John Vaughan, and a copy by Mr Thomas Stoughton. Two days ago, I
had the pleasure of receiving your letter of the 8th of May, together
with an act of Congress of the 1st of April, giving leave for my
return to America, agreeably to my request, for which I make the most
sincere acknowledgments.
I am happy to find the provisional treaty had received the plaudit
and ratification of Congress, and should have been ready to have
given the best answers in my power to the inquiries which you allude
to, had you been pleased to extend them. I know not whether any
steps have been taken toward a definitive or other treaty since the
7th instant, when I left Paris, having received no letters from my
colleagues, but they no doubt will keep you regularly informed.
You will have seen, Sir, in several of my former letters, which
must have reached you before this day, that no exertions of mine
were wanting, for delivering you from those troublesome guests of
whom you complain. I foresaw the great uneasiness, which their long
continuance at New York would create. I regret exceedingly, that
so free a communication as “on the former footing” preceded the
accomplishment of that great and necessary work. I had entertained
ideas, that my country would have treated it with more solemnity.
I have no account to settle with Dr Franklin, having received no
money but from Mr Grand, viz. twenty thousand livres, and sixteen
thousand six hundred and sixtysix livres, thirteen sols, which I
believe are all the remittances you have made to me, and which I have
already formally acknowledged. The latter sum, indeed, I have not
actually received, but it stands to my credit with Mr Grand, and I
soon shall have occasion to draw for it. I am at present in a poor
state of health, but I hope Bath and sea bathing will be of service
to me. The summer season being so far advanced, I shall prepare for
embarkation early in October. No opportunity of serving my country in
the mean time shall be slighted or neglected.
I have the honor to be, with great respect, &c.
HENRY LAURENS.
TO THE SECRETARY OF FOREIGN AFFAIRS.
Bath, July 17th, 1783.
Sir,
My present address will be accompanied by a copy of my last of
the 27th of June, to which I beg leave to refer. The enclosed
proclamation of the 2d of July, in the London Gazette of the 12th,
seems to complete a commercial treaty with America on the part of
Great Britain, “until further order.” I am informed Mr David Hartley
is soon expected from Paris, without having made any treaty with the
American Ministers. I speak from report, but have received no advices
from my colleagues.
This will be delivered to you by Thomas Carpenter, who is going
with three other persons, under the auspices of Rev. Mr Wells of
Broomsgrove, to offer themselves as settlers and citizens in the
United States. Mr Wells and his concerns are strongly recommended to
me by Dr Price, and by the Rev. Mr Wrenn, of Portsmouth. Upon this
ground, permit me to crave your countenance and protection in favor
of Mr Carpenter and his associates. I was informed yesterday, and
though by pretty good authority I speak only as from report, that Mr
Silas Deane, who has been in London about four months, has been an
active hand in chalking out a treaty of commerce for us. I shall know
more of this when I get to London, some ten days hence. I have not
yet fully recovered my health, but am nevertheless taking measures
for embarking early in October.
I have the honor to be, &c.
HENRY LAURENS.
TO THE SECRETARY OF FOREIGN AFFAIRS.
Bath, July 17th, 1783.
Sir,
A few hours after I had despatched an address to you of the present
date, by the hands of Mr Carpenter, who, I hope, will also be the
bearer of this, I received a letter from Doctor Franklin, in which he
writes, “I want you here on many accounts, and should be glad of your
assistance in considering and answering our public letters; there are
matters in them, of which I cannot conveniently give you an account
at present.” Although I had flattered myself with the hope of being
free, and however so long a journey at the present season may further
impair my health, and the delay derange my measures for embarkation,
I must not refuse to obey such a call. I shall begin my journey
tomorrow morning, and, barring accidents, be at Paris in seven days,
or sooner.
I have the honor to be, with the highest respect, &c.
HENRY LAURENS.
TO THE SECRETARY OF FOREIGN AFFAIRS.
Washington, off Poole, August 2d, 1783.
Sir,
In pursuance of the determination signified in the preceding copy of
my last, of the 17th ult, I proceeded to Paris, and arrived there
on the 23d. The despatches being finished for captain Barney, by
advice of Dr Franklin and Mr Jay, I embarked in the Washington,
and am presently going on shore at Poole, from whence I shall
immediately proceed to London, and apply to the Ministers at that
Court for learning their resolutions, respecting the long pending
treaties, and particularly for information, whether a Minister from
the United States will be properly received there. Had the wind been
unfavorable, I should have detained Captain Barney for conveyance
of such answers as I may receive, but I have recommended to him to
profit by the present easterly gale, without losing a moment. I am
from sea sickness unable to add more, except that I shall advise by
the earliest opportunities, and that,
I have the honor to be, &c.
HENRY LAURENS.
TO L. R. MORRIS.
London, August 9th, 1783.
Sir,
On the 4th instant, I had the honor of receiving your very obliging
letter of April the 18th, accompanied by “a state of Mr Laurens’s
account with the United States,” &c. and a bill on Mr Grand for its
apparent balance 7083 livres, 7s. which is said to be for three
months’ salary from the 1st of January, to the 31st of March 1783.
For former quarter’s salary, about 16,666 livres, 13s. had been
remitted to me, wherefore I presume there is an error in the present
article. I have not learned of any alteration made by Congress in
the Ministers’ salaries, except in the mode of calculating the
exchange of dollars. If there is an error you will cause it to be
rectified. Be pleased, Sir, to accept this as an acknowledgment of
the receipt of the said bill for seven thousand and eighty-three
livres and seven sols, and also of my best thanks for your goodness
in forwarding the remittance. Besides the above mentioned error,
the account is partial, confined probably to the administration of
Mr Robert R. Livingston, or of Mr R. Morris, and an adjustment of
the whole therefore must be deferred to a future day. I would also
remark another omission, the commission for agency, due either to Mr
Livingston or yourself, which may be deducted from a future bill, and
will be admitted on my part with alacrity and thankfulness for your
trouble.
I have the honor to be, with great respect and esteem,
HENRY LAURENS.
TO THE MINISTERS OF THE UNITED STATES AT PARIS.
London, August 9th, 1783.
Gentlemen,
Availing myself of your consent and recommendation, I embarked at
Lettavre, on board the Washington, and sailed from thence the 1st
instant. On the 2d, 9 o’clock A.M. we were within six leagues of
Poole, in Dorsetshire. The wind being very favorable, I quitted the
ship, went on board a small hoy bound to Poole, and urged Captain
Barney to proceed on his voyage, leaving my excellent post carriage
to take its fate on the ship’s deck, in preference to the risk of
delaying him a single hour. Had the wind been westerly, I might have
detained him a few days, for despatching to Congress the result of my
application to the Ministers of this Court. I judge from the state of
the wind since I parted with Captain Barney, that he was clear of the
channel Sunday night the 3d, and that he is now 150 or 200 leagues
advanced on his voyage.
I arrived in London late in the night of the 3d, and on the 5th had
a conference with Mr Fox, which I committed to writing as soon as it
had ended. I shall give it in a short dialogue, as the best way, not
pretending to accuracy in every word, but fully preserving the sense
and substance.
_Mr Fox._ I suppose, Mr L. you wish to forward the ratification of
the provisional articles.
_L._ I could wish that was done, Sir, but it is not the particular
business I have in charge.
_F._ I understood from Mr Hartley’s letter, which you sent me, that
it was, but he does not speak positively.
_L._ No, Sir, the only business I have in charge, is to inquire,
whether a Minister from the United States of America would be
properly received at this Court.
_F._ Most undoubtedly, Sir; I could wish that there was one here at
present; I think we have lost much time from a want of a Minister
from your side.
_L._ Then, Sir, will you be so good as to ask his Majesty, and inform
me?
_F._ I will take the King’s pleasure tomorrow, and you shall hear
from me; I suppose there is already a conditional appointment of some
person now in Europe.
_L._ Not that I know of, though I do not know the contrary, but I
have an excellent opportunity of writing to Congress, and I have no
doubt an appointment will be made immediately.
_F._ That is unlucky; there must be two crossings of the ocean
then; if a Minister of Congress had been here, we might have done
our business in half the time we have already spent, but I shall
certainly inform you tomorrow; this is the very time a Minister from
your people is most necessary.
_L._ Though I have nothing particularly in charge except the business
already mentioned, I regret the delay of both the commercial and
definitive treaty. We had flattered ourselves with hopes in March and
April, that both would have been finished in a few days.
_F._ Why, as to a definitive treaty, I cannot see any necessity for
one, or not immediately. The provisional articles are to be inserted,
and to constitute a treaty; a ratification of those, I apprehend,
will answer all the purposes of a definitive treaty; they may be made
definitive. The case with respect to France and Spain differs widely;
several articles in our preliminaries with them refer to a definitive
treaty.
_L._ I agree with you, Sir, that the provisional articles, mutually
ratified, may, by the consent of the parties, be made definitive; but
there may be additional articles suggested and agreed to for mutual
benefit.
_F._ That is true; but I do not see any at present; I very much
regret the want of a Minister from America.
_L._ Permit me, Sir, to ask you, is it intended by the proclamation
of the 2d of July, to exclude American ships from the West India
trade, between the United States and the British islands?
_F._ Yes, certainly, it was so intended, in order that we might have
something to treat for, and this will be a subject for a commercial
treaty.
On the 6th, I waited upon his Grace, the Duke of Portland. His Grace
was equally clear and positive as Mr Fox had declared himself, that a
Minister from the United States of America would be well received at
this Court, and also regretted that an appointment had not earlier
taken place. I touched upon the commercial and definitive treaty,
referred to assurances in March and April, intimated my apprehensions
of pernicious effects, which might arise from excluding American
ships from a freedom between the United States and the British West
India Islands, adding what I had learnt from Doctor Franklin of the
commerce intended by the Court of France, between our America and
the French Islands. I can only say, the Duke seemed to wish that
everything had been settled to mutual satisfaction, and hoped that
everything would soon be settled.
Yesterday, by the desire of Mr Fox, I called upon him again; he said
he had not seen the King, but that he had transmitted an account to
his Majesty of my application; that we might be perfectly satisfied,
however, that a Minister from Congress would be well received; that
the appointment of one was much wished for here; that he must take
blame to himself in some degree for the long delay of a commercial
regulation, but that business would now soon be finished; he had no
objection himself to opening the West India trade to the Americans,
but there were many parties to please, and you know, added Mr Fox,
the people of this country very well. Yes, Sir, I know something
of them, and I find not only the West India planters, but some of
the most judicious merchants, anxious for opening the trade. I have
been told by some of them, that they should be ruined without it.
I believe all this, said Mr Fox, but there are other people of a
different opinion. As to the definitive treaty, there may be, as
you observed, new articles necessary for mutual advantage, and we
may either add such to the provisional articles and make the whole
definitive, or make a new treaty; but I understand it is expected
this should be done under the eye of, or in concert with the Court of
France, which for my own part I do not like, and cannot consent to.
I replied, in my opinion a new treaty definitive would be best, as
well for incorporating additional articles, as for clearing away some
of the rubbish in the provisional, which contained, if not nonsense,
more than a little ambiguity; that though I did not see the necessity
for it now, yet I had been told it was expected our definitive treaty
should be finished in communication with the French Court, but as I
had formerly observed, I had received no charge on this head, and
spoke only the sentiments of Mr Laurens to Mr Fox, and not to a
Minister of Great Britain.
I have detailed facts as fully and freely as memory has enabled me.
I leave them with you under this one remark, that we are cooler in
the dog days than we were at the vernal equinox. The philosophy of
Versailles and Passy may account for, and guard against the effect of
extreme changes. I have found my presence here at this juncture of
some use in explaining, or attempting to explain, the late mutiny at
Philadelphia. The enemies of this country, and of the United States
had exulted, the friends of both had too much abandoned themselves
to dread, that the soldiery had assumed the reins of government, and
that all the States of America were rushing into anarchy. Captain
Carberry and Lieutenant Sullivan, those rash young officers who led
on the mutineers to the State House, arrived a few days ago. The
former has been with me, expressing deep concern for his conduct,
desirous of returning, with an assurance of personal safety, and
wanting money for supporting daily expenses, alleging that the United
States are indebted to him at least “twelve hundred pounds currency
exclusive of land.” I have recommended to him to return immediately,
and demean himself to the laws of his country, and submit to the
magnanimity of Congress. He expresses a dread of undergoing a
trial. Could I afford it, and were to advance money for his living
in London, should I not incur censure at home? I beg you will
communicate such particulars of that disturbance and the event of it,
as you may have learned, and your opinion for my conduct respecting
these officers.
Mr Barclay will tell you of a display of the American standard under
a triumphant British pendant at a very capital inland fair. Trifling
as the insult may appear, it discovers a little leaven at the centre.
I have the honor to be, &c.
HENRY LAURENS.
TO THE SECRETARY OF FOREIGN AFFAIRS.
London, August 9th, 1783.
Sir,
The annexed is a duplicate of a few lines, which I had the honor of
addressing you, on the 2d instant, by Captain Barney, in the ship
Washington, and enclosed with this you will find an exact copy of my
letter of the present date, written to the Ministers of the United
States at Paris, which will show in brief, what I have been doing
since my return to London, and afford some information to Congress
for their government in the appointment of a Minister at this Court.
To both which I beg leave to refer.
I have received a letter of the 18th of April from Mr L. R. Morris,
enclosing what is called a state of my account with the United
States, and a bill on Mr Grand for its balance, 7083 livres, 7s.
which, as far as it goes, appears to be right, though I have not
yet had time for minute examination. I am much obliged for the
remittance, but the account must rest to a future day for final
settlement. I had formerly intimated my ignorance of the stipend
Congress had determined to allow me, and having no information on
that head it is not in my power to correct or confirm this, or to
frame a new account. It may appear that my services were as valuable
in the Tower of London, and after my release, antecedently to an
appointment in the commission for peace, as they could possibly have
been in any other station, notwithstanding the former might not have
been quite so pleasant a sphere to myself; but I am in the judgment
of Congress, and shall perfectly acquiesce in their will.