An opportunity will offer of writing to you by a frigate in the course

of next week, when I shall be able to treat more fully the subject of

your letters of December 21st, and January 3d and 15th, which have

been duly received, and which are now under the consideration of

Congress. This is principally designed to cover the enclosed

resolution, directing your return, unless you should have commenced a

treaty of commerce. But upon examining your instructions, you will

find that the embarrassment you speak of with respect to the money to

be paid upon signing the treaty, cannot exist under your present

powers. With respect to the Neutral Confederacy, it is a treaty which

is now of little consequence to us, and since we were not admitted to

it during the war, we ought not to pay for admission upon a peace;

besides, that it can no more be considered as a treaty with her

Imperial Majesty than it is a treaty with all the other neutral

powers, whose Ministers may with equal propriety demand the

perquisites you speak of. Therefore, let it be understood, that as the

United States, or their servants, are above receiving perquisites or

presents, so they have not the presumption to assume such superiority

over those with whom they treat as to offer them.

With respect to a commercial treaty, none can be signed by you, as

your powers only extend to "communicate with her Imperial Majesty's

Ministers on the subject of a treaty, &c." but not to sign it; so that

you will find no difficulty upon the subject you speak of; if you

should, I am persuaded that it is the wish of Congress rather to

postpone any treaty with Russia, than to buy one at this day.

I have seen your letter to Mr Morris on the subject of your salary.

The mistake you mention shall be corrected. I was led into it by not

having been furnished with the resolution you mention, among those

relative to salaries sent me from the Secretary's office. However, it

is of no consequence as yet, since the sums remitted with what you

have received from Dr Franklin, will exceed the amount of your demand.

You can now draw on Dr Franklin for three quarters' salary, at one

thousand pounds sterling, a fourth is enclosed in a letter from Mr

Lewis Morris to you; the last quarter's due in April will be subject

to some deductions, as you will see by the enclosed resolutions

transmitted you by Mr Lewis Morris, out of that quarter. I shall pay

Mr Tracy's order, counting the commencement of the year from the date

of the order.

I am, Sir, with great respect, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO COUNT OSTERMANN.

St Petersburg, May 8th, 1783.

Sir,

I do myself the honor to lay before your Excellency the enclosed

Memorial, containing what I take to be the substance of the answer to

my letter, communicating my mission to your Excellency, which you

delivered to me verbally on the 23d ultimo, and also the reply which I

then made to it, together with some other observations upon it, which,

fearing to obtrude too much upon your time, I omitted to make. The

whole being thus reduced to writing, takes away all danger of mistakes

on either part, and may be more deliberately and accurately

considered. I hope this will be deemed a sufficient apology for the

additional trouble it may give your Excellency. I pray you would be

pleased to favor me with an answer to this Memorial in writing, or

otherwise to grant me the honor of an interview with your Excellency,

that I may know the final pleasure of her Imperial Majesty respecting

my mission.

I have the honor to be, &c.

FRANCIS DANA.

_Mr Dana's Memorial to Count Ostermann._

The undersigned, named by the United States of America to reside near

her Majesty, the Empress of all the Russias, in the character of

their Minister, has the honor to lay before your Excellency this

Memorial, containing the substance of the answer he received verbally

from your Excellency on the 23d ultimo, to his letter communicating to

you his mission abovementioned, and also his reply to the same.

The answer which your Excellency has given to him on the part of her

Imperial Majesty, is unexpected not only to himself, but to the United

States also; for which last reason he is unable to say anything upon

it from instructions. He nevertheless thinks it to be his duty in so

extraordinary a case, which will not admit of his waiting for their

particular instructions to make use of his best discretion, in

replying to it. He prays, therefore, that this Memorial may be

considered as containing his private sentiments only. Whether they

will accord with those of the United States he cannot be certain.

Sensible that it is the right of every sovereign, to judge whether it

is compatible with his views, or the interests of his empire, to

receive the Minister of another; and persuaded also, that the United

States have not even a wish to obtrude their Minister upon any

Sovereign, the undersigned has not the least intention to oppose

himself to her Imperial Majesty's pleasure, whatever that may finally

be, but only to make such observations upon the answer he has received

as have occurred to him, which, from the known justice of her Imperial

Majesty's character, he has no doubt will be taken into deliberate

consideration, and be allowed their full weight.

He would improve this occasion, to express the high respect which the

United States entertain for her Imperial Majesty, and their sincere

desire to cultivate the friendship of a Sovereign, whose glorious

reign, and eminent virtues have so long fixed the attention, and

commanded the applause of the world. They consider her as one of the

first Sovereigns of it, and in a manner the great legislator of

nations, by her wise and equitable system of neutrality, which they

have fully approved, and have made the principles of it the invariable

rules of their conduct during the late war. Animated with sentiments

of this kind, they wished to give some strong proofs of a

distinguished attention and consideration for her Imperial Majesty's

person and government. With this view, they early named a Minister to

reside near her, that he might improve the first occasion to display

his character, which the course of events should afford. From these

dispositions the United States were naturally led to expect, that her

Imperial Majesty would be the first of the neutral powers, as they had

intended, which should receive a Minister from them.

_Answer._

I. "Her Imperial Majesty having been invited by the Courts of

Versailles, Madrid, and London, to mediate in conjunction with the

Emperor, at the conclusion of the definitive treaty of peace between

them, and having accepted that trust till those arrangements are

completed, and the definitive treaty is concluded, she cannot,

consistent with her character as mediatrix, receive a Minister from

America, without the consent of those powers; the treaty with America

is provisional only, and depends upon those arrangements. Though there

is no doubt but they will take place and the definitive treaty be

concluded, yet till that is done, her Imperial Majesty cannot consider

you in your character as the Minister of America."

_Reply._

The present mediation differs from the former one, which had been

tendered by their Imperial Majesties, in two essential respects. That

was tendered during the continuance of hostilities, and while the

great object of the war, the independence of the United States, was

still in question. It contained also a proposition, which inseparably

connected their interests with those of the other belligerent powers.

At such a time for her Imperial Majesty to have received a Minister

from the United States, would have been to prejudge the most capital

subject of the proposed negotiation, and most certainly repugnant to

the character of a mediator, if not to the laws of neutrality. But in

the present mediation there is no question relative to the United

States, nor can there regularly be any made upon their interests, as

they are not parties to the mediation, and consequently have no right

to send their Ministers to the Congress. If then the United States are

not concerned in any arrangements to be made under the present

mediation, the matter seems to rest upon the general law of nations,

and to be reduced to this simple question: whether the reception of a

Minister from them at this moment, would be incompatible with the laws

of neutrality? If their independence is already completely

acknowledged by the King of Great Britain, is not the question decided

in the negative?

In the preliminary treaty, "His Britannic Majesty acknowledges the

United States to be free, sovereign, and independent States; that _he

treats with them as such; and for himself, his heirs, and successors,

relinquishes all claim to the government, property and territorial

rights of the same, and every part thereof_." But it is said, the

preliminary treaty between the United States and Great Britain is

provisional only, and depends upon the arrangements to be made at the

conclusion of the definitive treaty, between Great Britain and the

other late belligerent powers, under the mediation of their Imperial

Majesties. If we look into that preliminary treaty, we shall find,

that the only provision or condition contained in it is, that the

definitive treaty between the parties "_is not to be concluded until

terms of a peace shall be agreed upon between Great Britain and

France_." Now these terms having been agreed upon by the preliminary

treaty between their Most Christian and Britannic Majesties, the

preliminary treaty between the United States and his Britannic Majesty

has become absolute, and the definitive treaty between them may be

concluded at any time, and without waiting for the conclusion of the

definitive treaty of peace between France and Great Britain. It may

not be improper to remark here, that even that condition was not

annexed to the acknowledgment of the independence of the United

States; it was far from having been inserted into the treaty at the

request of the British Commissioner. It was inserted by the

Commissioners of the United States, to save their faith plighted to

his Most Christian Majesty. However this fact may be, it seems to be

certain, that neither the preliminary treaty, nor definitive treaty

between the United States and Great Britain, can depend upon any

arrangements to be made under the present mediation.

But if the case should be otherwise, it is conceived, that the

provisional nature of the preliminary treaty, cannot affect the

acknowledgment of their independence, by the King of Great Britain.

For although from abundant caution, this has been inserted into the

preliminary treaty of peace, yet it has never been a subject of

negotiation. The United States would never submit to negotiate for

their independence their very existence. They early resolved, and have

uniformly persisted in that resolution, that they would not enter into

negotiation with the King of Great Britain, unless, as a preliminary

thereto, he would acknowledge their independence. Hence the failure of

many attempts to draw them into a negotiation, without a compliance

with that resolution. And hence the necessity the King of Great

Britain has been under, to revoke a former commission granted to Mr

Oswald, on the 7th of August last, to treat with them under the name

of "_certain Colonies and Plantations in America_," and of granting

him a new one, on the 27th of September, in which he was authorised

and required to treat of a peace or truce, with the Commissioners of

the "_Thirteen United States of America_" (naming them all,) "_any

law, act, or acts of Parliament matter or thing to the contrary

notwithstanding_," giving them their proper corporate name and title.

Their independence being thus clearly, unconditionally, and solemnly

acknowledged by this commission, passed under the great seal of the

kingdom, as a preliminary to any negotiation, and in full compliance

with the foregoing resolution, the negotiations were then, and not

before, opened, and have by the blessing of God, been brought to a

happy conclusion. Their independence being once acknowledged, is it

not irrevocable in its nature? If in the moment the British

Commissioner entered into negotiation with the Commissioners of the

United States, in virtue of his last commission, any neutral power had

declared it would consider and treat them in every respect, as

sovereign and independent States, and would protect the lawful

commerce of its subjects with them, would this have been a violation

of the laws of neutrality? If not, much less could the King of Great

Britain pretend it would be so, after the conclusion of the

preliminary treaty with them, after that treaty has become absolute,

by the conclusion of the preliminary treaty between his Most Christian

Majesty and himself, after a cessation of hostilities has been

proclaimed by them, and also by the Commissioners of the United

States, and finally, after the Parliament of Great Britain has

solemnly engaged to observe and maintain those treaties, which puts an

end to the question, if it was ever seriously made, upon the authority

of the King, to make such a treaty with the United States.

In conformity with sentiments of this kind, we have seen that the

Queen of Portugal, a member of the neutral confederation, and a

Sovereign in the strictest amity with the King of Great Britain, has

by an edict opened the ports of her kingdom to the vessels of the

United States, and promised them the enjoyment of the same hospitality

and favor, which the vessels of other nations there enjoy. In all

probability the King of Denmark has adopted a similar line of conduct

towards the United States.

_Answer._

II. "When these arrangements shall be completed, and the definitive

treaty be concluded, if you shall produce new letters of credence,

bearing date since the King of Great Britain has acknowledged the

independence of America, her Imperial Majesty will be very willing to

receive you as the Minister of America. But it would be incompatible

with that exact neutrality, which she has hitherto observed, to

receive you while your letter of credence bears date before that

time."

_Reply._

This objection seems deeply to affect the rights and interests of the

United States. The United Colonies, on the 4th of July, 1776, erected

themselves into an Independent Sovereign Power. Great Britain,

notwithstanding, kept up her claim of sovereignty over them, without

having any in fact. The war was continued on the one part, to maintain

the actual possession of sovereignty, and on the other, to regain that

sovereignty which had been lost. Despairing of success, Great Britain

acknowledges, but does not grant, the independence of the United

States. The United States have not, therefore, acquired the rights of

sovereignty, in consequence of this acknowledgment of their

independence. Their independence must necessarily have existed prior

to the acknowledgment of it by the King of Great Britain. At what

period then can the commencement of it be fixed, if not at the time

when they declared themselves independent? Have they not from the

moment of the declaration of their independence, been constantly in

the actual possession and full exercise of their sovereignty? Not to

meddle with the matter of right, the fact is beyond all question. The

undersigned thinks, therefore, it is incompatible for him to propose

to the United States to revoke his present letter of credence, because

it bears date prior to the acknowledgment of their independence by the

King of Great Britain, and to grant him another bearing date since

that time, for the following among other reasons.

1st. Because it would be to propose to the United States, in effect,

to strike off near seven years of their existence, as free, sovereign,

and independent States.

2dly. Because their compliance with it would amount to a confession on

their part, that they owed their existence, as a free nation, to the

acknowledgment of their independence by the King of Great Britain.

3dly. Because it would go to annul all their acts of sovereignty prior

to that period, and among others, the important ones of their treaties

with his Most Christian Majesty, and with the United Provinces of the

Low Countries, as well as their commissions granted to their Ministers

at the Court of Madrid, and other Courts, and such treaties as they

have already made, or shall make in virtue thereof.

4thly. Because it would be repugnant to a resolution contained in

their declaration of independence, viz. "that as free and sovereign

States, they have full power to levy war, conclude peace, contract

alliances, establish commerce, and to do all other acts and things,

which independent States may of right do."

The United States have been induced to constitute this mission thus

early, solely from the laudable views abovementioned. It is singularly

unfortunate then, that the very circumstance, which they intended as a

mark of particular respect and consideration for her Imperial

Majesty's person and government, should be turned against them, and

have an operation to defeat the design of it.

Besides, it is to be observed, that the King of Great Britain has by

his Commissioner, consented to treat with the Commissioners of the

United States, whose powers had date long before he had acknowledged

their independence, and without requiring them to produce new ones

bearing date since that time. Which is a strong and necessary

implication, that he did not consider that acknowledgment as

conferring their sovereignty upon them, but, on the contrary, they

were a complete sovereign power before, and had a full right to name

their Ministers as such, to treat with him of a peace. He cannot,

therefore, consider it as a violation of the laws of neutrality, if

any neutral power should consider them in the same light, and receive

their Minister, whose letters of credence bear date prior to his

acknowledgment of their independence.

_Answer._

III. "Besides, no Minister has been received at the Court of London

from America yet, and her Imperial Majesty could not consistently

receive a Minister from America, before that Court had done it."

_Reply._

There seems not to be any objections against the immediate reception

of a Minister from the United States at the Court of London, which

might not be made with equal force against the reception of Ministers

from any of the other late belligerent powers, and as they have

already mutually sent and received Ministers, it is highly probable

there are, in fact, no such objections existing. The omission,

therefore, must be attributed to the only apparent cause, viz. the

great distance of the two countries, which alone would render the

appearance of a Minister from the United States at the Court of London

impossible. Unless it should be supposed that Court is averse to

forming any intimate connexions with the United States, the contrary

of which seems to be the case, from the generous, liberal, and wise

policy they have in contemplation respecting them.

But if it should be laid down as a principle, that the powers of

Europe could not consistently receive a Minister from the United

States till one had been received at the Court of London, it might

have serious consequences upon the exercise of the right of

sovereignty, and the most important interests, not only of the United

States, but of such of the powers of Europe, as have not already

received a Minister from them. For it would oblige them, whether they

chose to do it or not, if they wished to form connexions with those

powers, to send a Minister to the Court of London, as a step

necessarily preparatory to that end. And when they had done this, it

would be in the power of that Court, by refusing to receive him, to

render their design abortive, and thus to prevent all friendly and

beneficial intercourse between those powers and the United States,

which cannot be formed and maintained but by the instrumentality of

public Ministers.

If then it is clear, that the United States are not at all concerned

in the present mediation, that their provisional treaty has become

absolute, and that their definitive treaty may be concluded at any

time, and without waiting for the conclusion of the definitive treaty

under the mediation; that their independence has been unconditionally

acknowledged by the King of Great Britain, as a preliminary to any

negotiation; that it is irrevocable in its nature; and if the

observations made upon the other objections are well founded, it is

confidently hoped from that justice and impartiality, which have ever

formed so distinguished a part of her Imperial Majesty's character,

that it will be thought, all obstacles to the immediate reception of a

Minister from the United States are removed.

FRANCIS DANA.

_St Petersburg, May 8th, 1783._

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, May 9th, 1783.

Sir,

Having very little doubt that this letter will be opened at the post

office, I do but enclose a copy of the Memorial spoken of in my last,

which I sent yesterday to the Vice Chancellor, and of my letter

accompanying it. They will not, I presume, detain the letter merely to

give themselves the trouble of copying or translating papers, the

original of which is in the hands of the principal Minister. I have

only to apologise to you for the slovenly appearance of this copy,

with its interlineations and obliterations. I have not time to make a

fair copy for this day's post, and though but a few days might be lost

here by waiting for the next post, yet an opportunity might be lost

for a long time by it, of forwarding it from some port in France.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, May 9th, 1783.

Sir,

By this day's post I have sent you, by the way of France, a copy of

the Memorial, which I yesterday delivered to the Vice Chancellor. In

that I have expressly declared, that I could not reply to the answer I

had received from instructions, and desired that it might be

considered as containing my private sentiments only upon the subject.

This I thought it advisable to do, not only because it was the strict

truth, but that Congress might be more at liberty, if they should

judge it expedient, to disavow the whole. A reply I deemed absolutely

necessary for me to make, to endeavor to show that the objections,

which had been made to my immediate reception were invalid in

themselves. Whether I have succeeded in the design, is for others to

judge. It is to be observed, however, that I have thought myself under

the necessity of omitting to urge some very obvious and forcible

reasons, from an apprehension, that from the extreme sensibility of

her Imperial Majesty, they would give offence, which I was determined

to avoid as far as possible, without sacrificing the honor of the

United States.

What the effect of this Memorial will be, it is impossible to say. I

have no sanguine hopes from it. If it should not effect a change of

resolution upon the matter, I still think I ought to leave this

empire, without waiting here at least six months longer, to learn

certainly whether Congress would consent to revoke my present letter

of credence, and to grant me a new one bearing date since the

acknowledgment of the independence of the United States by the King of

Great Britain, of which I have not the least expectation. But if they

should be inclined even to do this, would it not be more eligible for

me to return, when they would have an opportunity to get rid of the

matter without any revocation of letters of credence, by nominating

another Minister after I had quitted the empire. If I might offer my

opinion upon this subject, I do not think the advantage of a Minister

at this Court will compensate for the expense of it.

Of all the causes, which might occasion this answer of her Imperial

Majesty, I can think of none which is likely to have more influence in

the case, than the second matter pointed out in my letter of April

17th, as having happened since my communication was made. It will be

wondered, perhaps, how that could have such an effect, and it may be

supposed it would have a direct contrary one. I supposed quite

otherwise when I mentioned it, and I feared the consequence of it when

it was known here. This is to be accounted for only, from particular

local knowledge of what kind of influence governs here. I shall lose

this day's post, if I do not immediately close this letter.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, May 13th, 1783.

Sir,

I did myself the honor to forward to you, by the last post, of the 9th

instant, by the way of France, a copy of the Memorial I presented the

day before to the Vice Chancellor, and of my letter accompanying the

same. By this day's post, I send you a second copy of them through the

same channel, and a third, by the way of Holland. I wrote you a

separate letter on the day of the last post, not thinking it advisable

to trust it with the packet. For the same reason, I send those by

today's post unaccompanied with any letter to you.

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