to the hostilities between his Most Christian Majesty and these United
States, on the one part, and his Britannic Majesty on the other, and
of terminating the same by a peace founded on such solid and equitable
principles as reasonably to promise a permanency of the blessings of
tranquillity, did heretofore appoint the honorable John Adams, late a
Commissioner of the United States of America at the Court of
Versailles, late Delegate in Congress from the State of Massachusetts,
and Chief Justice of the said State, their Minister Plenipotentiary,
with full powers, general and special, to act in that quality, to
confer, treat, agree, and conclude with the Ambassadors, or
Plenipotentiaries, of his Most Christian Majesty, and of his Britannic
Majesty, and those of any other Princes or States, whom it might
concern, relating to the re-establishment of peace and friendship; and
whereas, the flames of war have since that time been extended, and
other nations and States are involved therein,
Now know ye, that we, still continuing earnestly desirous, as far as
it depends upon us, to put a stop to the effusion of blood, and to
convince the powers of Europe, that we wish for nothing more ardently,
than to terminate the war by a safe and honorable peace, have thought
proper to renew the powers formerly given to the said John Adams, and
to join four other persons in commission with him, and having full
confidence in the integrity, prudence, and ability of the honorable
Benjamin Franklin, our Minister Plenipotentiary at the Court of
Versailles, and the honorable John Jay, late President of Congress,
and Chief Justice of the State of New York, and our Minister
Plenipotentiary at the Court of Madrid, and the honorable Henry
Laurens, formerly President of Congress, and commissioned and sent as
our Agent to the United Provinces of the Low Countries, and the
honorable Thomas Jefferson, Governor of the Commonwealth of Virginia,
have nominated, constituted, and appointed, and by these presents do
nominate, constitute, and appoint, the said Benjamin Franklin, John
Jay, Henry Laurens, and Thomas Jefferson, in addition to the said John
Adams, giving and granting to them, the said John Adams, Benjamin
Franklin, John Jay, Henry Laurens, and Thomas Jefferson, or the
majority of them, or of such of them as may assemble, or, in the case
of the death, absence, indisposition, or other impediment of the
others, to any one of them, full power and authority, general and
special, conjunctly and separately, and general and special command to
repair to such place as may be fixed upon for opening negotiations for
peace, and there for us, and in our name, to confer, treat, agree, and
conclude with the Ambassadors, Commissioners, and Plenipotentiaries
of the Princes and States, whom it may concern, vested with equal
powers relating to the establishment of peace, and whatsoever shall be
agreed and concluded for us, and in our name to sign and thereupon
make a treaty or treaties, and to transact everything, that may be
necessary for completing, securing, and strengthening the great work
of pacification, in as ample form, and with the same effect, as if we
were personally present and acted therein, hereby promising in good
faith, that we will accept, ratify, fulfil and execute whatever shall be
agreed, concluded, and signed by our said Ministers Plenipotentiary,
or a majority of them, or of such of them as may assemble, or, in case
of the death, absence, indisposition, or other impediment of the
others, by any one of them; and that we will never act, nor suffer any
person to act, contrary to the same, in whole or in any part.
In witness whereof, we have caused these presents to be signed by our
President, and sealed with his seal.
Done at Philadelphia, the fifteenth day of June, in the year of our
Lord one thousand seven hundred and eightyone, and in the fifth year
of our independence, by the United States in Congress assembled.
SAMUEL HUNTINGTON, _President_.
* * * * *
COMMISSION TO ACCEPT THE MEDIATION OF THE EMPRESS
OF RUSSIA AND THE EMPEROR OF GERMANY.
The United States of America to all to whom these presents shall come,
send Greeting.
Whereas his Most Christian Majesty, our great and beloved friend and
ally, has informed us by his Minister Plenipotentiary, whom he has
appointed to reside near us, that their Imperial Majesties the Empress
of Russia and the Emperor of Germany, actuated by sentiments of
humanity, and a desire to put a stop to the calamities of war, have
offered their mediation to the belligerent powers, in order to promote
peace; now know ye, that we, desirous as far as depends upon us, to
put a stop to the effusion of blood, and convince all the powers of
Europe that we wish for nothing more ardently than to terminate this
war by a safe and honorable peace; relying on the justice of our
cause, and persuaded of the wisdom and equity of their Imperial
Majesties, who have so generously interposed their good offices for
promoting so salutary a measure; have appointed and constituted, and
by these presents do constitute and appoint, our trusty and well
beloved John Adams, late delegate in Congress, from the State of
Massachusetts, and Benjamin Franklin, our Minister at the Court of
France, John Jay, late President of Congress, and now our Minister at
the Court of Madrid, Henry Laurens, formerly President of Congress,
and commissioned and sent as our agent to the United Provinces of the
Netherlands, and Thomas Jefferson, Governor of the Commonwealth of
Virginia, our Ministers Plenipotentiary, giving and granting to them,
or such of them as shall assemble, or in case of death, absence,
indisposition, or other impediment, of the others, to any one of them,
full power and authority in our name, and on our behalf, in
concurrence with his Most Christian Majesty, to accept in due form,
the mediation of their Imperial Majesties the Empress of Russia and
the Emperor of Germany.
In testimony whereof, we have caused these presents to be signed by
our President, and sealed with his seal.
Done at Philadelphia this fifteenth day of June, in the year of our
Lord one thousand seven hundred and eightyone, and in the fifth year
of our independence.
By the United States in Congress assembled.
SAMUEL HUNTINGTON, _President_.
* * * * *
INSTRUCTIONS TO THE COMMISSIONERS FOR PEACE.
In Congress, June 15th, 1781.
To the Honorable John Adams, Benjamin Franklin, John Jay, Henry
Laurens, and Thomas Jefferson, Ministers Plenipotentiary in behalf
of the United States, to negotiate a treaty of peace.
Gentlemen,
You are hereby authorised and instructed to concur, in behalf of these
United States, with his Most Christian Majesty, in accepting the
mediation proposed by the Empress of Russia and the Emperor of
Germany.
You are to accede to no treaty of peace, which shall not be such as
may 1st, effectually secure the independence and sovereignty of the
Thirteen United States, according to the form and effect of the
treaties subsisting between the said United States and his Most
Christian Majesty; and 2dly, in which the said treaties shall not be
left in their full force and validity.
As to disputed boundaries, and other particulars, we refer you to the
instructions given to Mr John Adams, dated 14th of August, 1779, and
18th of October, 1780,[5] from which you will easily perceive the
desires and expectations of Congress. But we think it unsafe, at this
distance, to tie you up by absolute and peremptory directions upon
any other subject, than the two essential articles above mentioned.
You are therefore at liberty to secure the interest of the United
States, in such manner as circumstances may direct, and as the state
of the belligerent, and the disposition of the mediating powers may
require. For this purpose, you are to make the most candid and
confidential communications upon all subjects to the Ministers of our
generous ally, the King of France; to undertake nothing in the
negotiations for peace or truce, without their knowledge and
concurrence; and ultimately to govern yourselves by their advice and
opinion, endeavoring in your whole conduct to make them sensible how
much we rely upon his Majesty's influence for effectual aid in
everything that may be necessary to the peace, security, and future
prosperity of the United States of America.
If a difficulty should arise, in the course of the negotiation for
peace, from the backwardness of Great Britain to acknowledge our
independence, you are at liberty to agree to a truce, or to make such
other concessions as may not affect the substance of what we contend
for; and provided that Great Britain be not left in possession of any
part of the United States.
SAMUEL HUNTINGTON, _President_.
FOOTNOTE:
[5] See these instructions in _John Adams's Correspondence_, Vol. IV
p. 339; and _Secret Journal_, Vol. II. p. 339.
* * * * *
THE KING'S WARRANT FOR RICHARD OSWALD'S FIRST COMMISSION FOR
NEGOTIATING PEACE.[6]
George R.
Our will and pleasure is, and we hereby authorise and command you
forthwith to prepare a bill for our signature, to pass our great seal
of Great Britain, in the words or to the effect following, viz;
George the Third, by the Grace of God, King of Great Britain, France,
and Ireland, Defender of the Faith, and so forth. To our trusty and
well beloved Richard Oswald, of our city of London, Esquire, Greeting.
Whereas by virtue of an Act passed in the last session of Parliament,
entitled "An Act to enable his Majesty to conclude a peace or truce
with certain Colonies in North America therein mentioned," it is
recited, 'that it is essential to the interest, welfare, and
prosperity of Great Britain and the Colonies or Plantations of New
Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New
Jersey, Pennsylvania, the lower counties on Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia, in North
America, that peace, intercourse, trade and commerce, should be
restored between them;' Therefore, and for a full manifestation of our
most earnest wish and desire, and that of our Parliament to put an end
to the calamities of war, it is enacted, that it should and might be
lawful for us to treat, consult of, agree and conclude, with any
Commissioner or Commissioners, named or to be named, by the said
Colonies or Plantations, or with any body or bodies, corporate or
politic, or any assembly or assemblies or description of men, or any
person or persons whatsoever, a peace or truce with the said Colonies
or Plantations, or any of them, or any part or parts thereof, any law,
act, or acts of Parliament, matter or thing, to the contrary in
anywise notwithstanding.
Now know ye that we, reposing special trust in your wisdom, loyalty,
diligence, and circumspection in the management of the affairs to be
hereby committed to your charge, have nominated and appointed,
constituted and assigned, and by these presents do nominate and
appoint, constitute and assign you, the said Richard Oswald, to be our
Commissioner in that behalf, to use and exercise all and every the
powers and authorities, hereby intrusted and committed to you, the
said Richard Oswald, and to do, perform, and execute all other matters
and things, hereby enjoined and committed to your care, during our
will and pleasure, and no longer, according to the tenor of these our
letters patent. And it is our royal will and pleasure, and we hereby
authorise, empower, and require you, the said Richard Oswald, to
treat, consult, and conclude with any Commissioner or _Commissioners,
named or to be named, by the said Colonies or Plantations, and any
body or bodies, corporate or politic, assembly or assemblies, or
descriptions of men, or person or persons, whatsoever, a peace or
truce with the said Colonies or Plantations, or any of them, or any
part or parts thereof_; any law, act or acts of Parliament, matter or
thing, to the contrary notwithstanding.
And it is our further will and pleasure, that every regulation,
provision, matter or thing, which shall have been agreed upon between
you, the said Richard Oswald, and such _Commissioner or Commissioners,
body or bodies, corporate or politic, assembly or assemblies,
descriptions of men, person or persons as aforesaid_, with whom you
shall have judged meet and sufficient to enter into such agreement,
shall be fully and distinctly set forth in writing, and authenticated
by your hand and seal, on one side, and _by such seal or other
signatures on the other as the occasion may require, and as may be
suitable to the character and authority of the Commissioner or
Commissioners, &c. as aforesaid so agreeing_, and such instruments so
authenticated shall be by you transmitted to us through one of our
principal Secretaries of State.
And it is our further will and pleasure, that you, the said Richard
Oswald, shall promise and engage for us and in our royal name and
word, that every regulation, provision, matter, or thing, which may be
agreed to and concluded by you, our said Commissioner, shall be
ratified and confirmed by us in the fullest manner and extent, and
that we will not suffer them to be violated or counteracted either in
whole or in part by any person whatsoever. And we hereby require and
command all our officers, civil and military, and all others our
loving subjects whatever, to be aiding and assisting unto you, the
said Richard Oswald, in the execution of this our commission, and of
the powers and authorities herein contained; provided always, and we
hereby declare and ordain, that the several offices, powers and
authorities hereby granted shall cease, determine, and become utterly
null and void, on the first day of July, which shall be in the year of
our Lord one thousand seven hundred and eightythree, although we shall
not otherwise in the meantime have revoked and determined the same, in
witness, &c. And for so doing this shall be your warrant.
Given at our Court of St James, the twentyfifth day of July, one
thousand seven hundred and eightytwo.[7] In the twentysecond year of
our reign. By his Majesty's command.
THOMAS TOWNSHEND.
To our Attorney or Solicitor-General.
FOOTNOTEs:
[6] The parts of this Commission, which were objected to by the
American Commissioners are printed in italics.
[7] This commission was signed by the King on the 7th of August.
* * * * *
RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING PEACE.[8]
George the Third, by the Grace of God, King of Great Britain, France
and Ireland, Defender of the Faith, and so forth. To our trusty and
well beloved Richard Oswald, of our city of London, Esquire, Greeting.
Whereas, by virtue of an Act passed in the last session of Parliament,
entitled "An Act to enable his Majesty to conclude a peace or truce
with certain colonies in North America therein mentioned," it is
recited, 'that it is essential to the interest, welfare and prosperity
of Great Britain and the Colonies or Plantations of New Hampshire,
Massachusetts, 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, that peace, intercourse, trade and commerce should be
restored between them;' Therefore, and for a full manifestation of our
earnest wish and desire, and of that of our Parliament, to put an end
to the calamities of war, it is enacted, that it should and might be
lawful for us to treat, consult of, agree and conclude, with any
Commissioner or Commissioners, named or to be named by the said
Colonies or Plantations, or any of them respectively, or with any body
or bodies, corporate or politic, or any assembly or assemblies, or
description of men, or any person or persons whatsoever, a peace or a
truce with the said Colonies or Plantations, or any of them, or any
part or parts thereof; any law, act, or acts of Parliament, matter or
thing to the contrary, in anywise, notwithstanding.
Now know ye, that we, reposing special trust in your wisdom, loyalty,
diligence and circumspection, in the management of the affairs to be
hereby committed to your charge, have nominated and appointed,
constituted and assigned, and by these presents do nominate and
appoint, constitute and assign you, the said Richard Oswald to be our
Commissioner in that behalf, to use and exercise all and every the
powers and authorities hereby intrusted and committed to you, the said
Richard Oswald, and to do, perform, and execute all other matters and
things hereby enjoined and committed to your care, during our will and
pleasure, and no longer, according to the tenor of these our letters
patent. And it is our royal will and pleasure, and we do hereby
authorise, empower, and require you, the said Richard Oswald, to treat
of, consult, and conclude with any _Commissioners or persons vested
with equal powers, by and on the part of the Thirteen United States of
America, viz. New Hampshire, Massachusetts Bay, Rhode Island,
Connecticut, New Jersey, Pennsylvania, the three lower counties on
Delaware, Maryland, Virginia, North Carolina, South Carolina, and
Georgia, in North America, a peace or a truce with the said Thirteen
United States_; any law, act, or acts of Parliament, matter or thing
to the contrary, in anywise, notwithstanding.
And it is our further will and pleasure, that every regulation,
provision, matter or thing, which shall have been agreed upon between
you, the said Richard Oswald, and such _Commissioners or persons as
aforesaid_, with whom you shall have judged meet and sufficient to
enter into such agreement, shall be fully and distinctly set forth in
writing, and authenticated by your hand and seal on one side, _and by
the hands and seals of such Commissioners or persons on the other_,
and such instrument so authenticated shall be by you transmitted to
us, through one of our principal Secretaries of State.
And it is our further will and pleasure, that you, the said Richard
Oswald, shall promise and engage for us and in our royal name and
word, that every regulation, provision, matter or thing, which may be
agreed to, and concluded by you, our said Commissioner, shall be
ratified and confirmed by us in the fullest manner and extent, and
that we will not suffer them to be violated or counteracted, either in
whole or in part, by any person whatsoever. And we do hereby require
and command all our officers civil and military, and all others our
loving subjects whatsoever, to be aiding and assisting unto you, the
said Richard Oswald, in the execution of this our commission, and of
the powers and authorities herein contained; provided always, and we
do hereby declare and ordain, that the several offices, powers and
authorities hereby granted, shall cease, determine, and become utterly
null and void, on the first day of July, which shall be in the year of
our Lord one thousand seven hundred and eightythree; although we shall
not otherwise in the meantime have revoked and determined the same.
_And whereas in and by our commission and letters patent under our
great seal of Great Britain, bearing date the seventh day of August
last, we nominated and appointed, constituted and assigned you, the
said Richard Oswald, to be our Commissioner to treat, consult of,
agree and conclude, with any Commissioner or Commissioners, named or
to be named, by certain Colonies or Plantations in America therein
specified, a peace or a truce with the said Colonies or Plantations;
now know ye, that we have revoked and determined, and by these
presents do revoke and determine our said commission and letters
patent, and all and every power, article and thing therein contained._
In witness whereof we have caused these our letters to be made patent.
Witness ourself at Westminster, the twentyfirst day of September, in
the twentysecond year of our reign. By the King himself.
YORKE.
_Paris, October 1st, 1782._ I certify that the adjoining is a true
copy of the commission of which it purports to be a copy, and which
has been shown to Mr Franklin and Mr Jay.
RICHARD OSWALD,
_The Commissioner therein named_.
FOOTNOTE:
[8] The parts of this Commission, which were altered or added, in
consequence of the objections of the American Commissioners to Mr
Oswald's first commission, are printed in italics.
* * * * *
COMMISSION TO WILLIAM T. FRANKLIN.
To all to whom these Presents shall come, Benjamin Franklin and John
Jay send Greeting.
Whereas the United States of America, in Congress assembled, did on
the 15th of June, in the year of our Lord 1781, appoint and constitute
the said Benjamin Franklin, John Jay, John Adams, Henry Laurens, and
Thomas Jefferson, and the majority of them, and of such of them as
should assemble for the purpose, their Commissioners and
Plenipotentiaries, to treat of, and conclude peace in their behalf;
and whereas the said United States, in Congress assembled, did on the
26th of June, in the year of our Lord 1781, appoint Francis Dana,
until he could proceed to the Court of Petersburg, either in a public
or private capacity, to be Secretary to the said Plenipotentiaries for
negotiating a peace with Great Britain, and in case Mr Dana should
have proceeded, or thereafter proceed to Petersburg, or to any part of
the dominions of the Empress of Russia, the Ministers appointed by the
said act of Congress of the 15th of June, 1781, or a majority of such
of them as should assemble, should be, and thereby were, authorised to
appoint a Secretary to their commission, and that he be entitled to
receive, in proportion to his time of service, the salary of one
thousand pounds sterling per annum allowed to Mr Dana. And whereas his
Britannic Majesty has issued a commission, dated the 21st of
September, 1782, to Richard Oswald, to treat of, and conclude peace
with any Commissioners, or persons vested with equal powers, by, and
on the part of the Thirteen United States of America; and whereas the
said Richard Oswald is at Paris, ready to execute his said commission,
and has exchanged with the said Benjamin Franklin and John Jay, copies
of their respective commissions, and entered on the business of the
same, whereby the appointment of a Secretary to the American
commission has become necessary, and the said Mr Dana now being at
Petersburg, the right of appointing such Secretary has, in pursuance
of the afore-recited act of Congress, devolved on the said
Commissioners, and on the majority of them, and of such of them as
have assembled for the purpose of executing their said commission; and
whereas Mr Jefferson, one of the said Commissioners, has not come to
Europe, and Mr Laurens, another of them, has declined to accept the
said office, and Mr Adams, another of them, is at the Hague, so that
the said Benjamin Franklin and John Jay are the only Commissioners now
assembled to execute the said commission;
Now know ye, that they, reposing special trust and confidence in the
ability and integrity of William T. Franklin, to perform and fulfil
the duties of Secretary to their said commission, have appointed and
constituted, and by these presents do appoint and constitute the said
William T. Franklin, Secretary to the said commission.
In witness whereof, the said Benjamin Franklin and John Jay, have
hereunto set their hands and seals, this first day of October, in the
year of our Lord one thousand seven hundred and eightytwo, and in the
seventh year of the independence of the said United States.
B. FRANKLIN,
JOHN JAY.
Approved on my part, Mr Franklin having acted with propriety as
Secretary to the commission from the time of my arrival here. Paris,
January 10th, 1783.
HENRY LAURENS.
Approved on my part, Mr Franklin having acted with propriety as
Secretary to the commission from the time of my arrival here. Paris,
September 8th, 1783.
JOHN ADAMS.
* * * * *
RESOLUTIONS OF CONGRESS.
In Congress, October 3d, 1782.
On report of a Committee, to whom were referred notes of a conference
with the Minister of France, held by a Committee of Congress on the
24th of September last;[9]
_Resolved_, That the Minister Plenipotentiary of his Most Christian
Majesty be informed;
That the communication, made by the said Minister on the 24th of
September last, is considered by Congress as an additional proof of
his Majesty's magnanimity, and has confirmed those sentiments of
affection and confidence, which his wise, steady, and liberal conduct
in every stage of the war had so justly inspired;