To us, at this distance, the present opportunity appears to be the

most favorable for you to communicate your mission to the Ministers of

the Empress of Russia, and to the Ministers of the other neutral

powers residing at her Court, and if you have no objections, we

presume you will wish to be furnished with the enclosed paper, to

communicate at the same time.

We heartily wish you success, and if you should inform us of a fair

prospect of it, we shall propose an article in the definitive treaty,

to secure the freedom of navigation, according to the principles of

the late marine treaty between the neutral powers.

With great respect, we have the honor to be, &c.

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

* * * * *

TO ROBERT R. LIVINGSTON.

Paris, December 14th, 1782.

Sir,

We have the honor to congratulate Congress on the signature of the

preliminaries of a peace between the Crown of Great Britain and the

United States of America, to be inserted in a definitive treaty so

soon as the terms between the Crowns of France and Great Britain shall

be agreed on. A copy of the Articles is here enclosed, and we cannot

but flatter ourselves, that they will appear to Congress, as they do

to all of us, to be consistent with the honor and interest of the

United States, and we are persuaded Congress would be more fully of

that opinion if they were apprized of all the circumstances and

reasons which have influenced the negotiation. Although it is

impossible for us to go into that detail, we think it necessary

nevertheless to make a few remarks on such of the Articles, as appear

most to require elucidation.

_Remarks on Article 2d, relative to Boundaries._

The Court of Great Britain insisted on retaining all the territories

comprehended within the Province of Quebec, by the Act of Parliament

respecting it. They contended that Nova Scotia should extend to the

river Kennebec; and they claimed not only all the lands in the western

country and on the Mississippi, which were not expressly included in

our charters and governments, but also all such lands within them as

remained ungranted by the King of Great Britain. It would be endless

to enumerate all the discussions and arguments on the subject.

We knew this Court and Spain to be against our claims to the western

country, and having no reason to think that lines more favorable could

ever have been obtained, we finally agreed to those described in this

Article; indeed they appear to leave us little to complain of, and not

much to desire. Congress will observe, that although our northern line

is in a certain part below the latitude of fortyfive, yet in others it

extends above it, divides the Lake Superior, and gives us access to

its western and southern waters, from which a line in that latitude

would have excluded us.

_Remarks on Article 4th, respecting Creditors._

We had been informed that some of the States had confiscated British

debts, but although each State has a right to bind its own citizens,

yet in our opinion, it appertains solely to Congress, in whom

exclusively are vested the rights of making war and peace, to pass

acts against the subjects of a power with which the Confederacy may be

at war. It therefore only remained for us to consider, whether this

Article is founded in justice and good policy.

In our opinion no acts of government could dissolve the obligations of

good faith, resulting from lawful contracts between individuals of the

two countries prior to the war. We knew that some of the British

creditors were making common cause with the refugees, and other

adversaries of our independence; besides, sacrificing private justice

to reasons of State and political convenience, is always an odious

measure; and the purity of our reputation in this respect, in all

foreign commercial countries, is of infinitely more importance to us

than all the sums in question. It may also be remarked, that American

and British creditors are placed on an equal footing.

_Remarks on Articles 5th and 6th, respecting Refugees._

These Articles were among the first discussed, and the last agreed to.

And had not the conclusion of this business, at the time of its date,

been particularly important to the British administration, the

respect, which both in London and Versailles, is supposed to be due to

the honor, dignity and interest of royalty, would probably have

forever prevented our bringing this Article so near to the views of

Congress and the sovereign rights of the States as it now stands. When

it is considered, that it was utterly impossible to render this

Article perfectly consistent, both with American and British ideas of

honor, we presume that the middle line adopted by this Article, is as

little unfavorable to the former as any that could in reason be

expected.

As to the Separate Article, we beg leave to observe, that it was our

policy to render the navigation of the river Mississippi so important

to Britain, as that their views might correspond with ours on that

subject. Their possessing the country on the river, north of the line

from the Lake of the Woods, affords a foundation for their claiming

such navigation. And as the importance of West Florida to Britain was

for the same reason rather to be strengthened than otherwise, we

thought it advisable to allow them the extent contained in the

Separate Article, especially as before the war it had been annexed by

Britain to West Florida, and would operate as an additional

inducement to their joining with us in agreeing, that the navigation

of the river should forever remain open to both. The map used in the

course of our negotiations was Mitchell's.

As we had reason to imagine that the Articles respecting the

boundaries, the refugees, and fisheries, did not correspond with the

policy of this Court, we did not communicate the preliminaries to the

Minister until after they were signed; and not even then the _Separate

Article_. We hope that these considerations will excuse our having so

far deviated from the spirit of our instructions. The Count de

Vergennes, on perusing the Articles, appeared surprised, but not

displeased, at their being so favorable to us.

We beg leave to add our advice, that copies be sent us of the accounts

directed to be taken by the different States, of the unnecessary

devastations and sufferings sustained by them from the enemy in the

course of the war. Should they arrive before the signature of the

definitive treaty they might possibly answer very good purposes.

With great respect we have the honor to be, Sir, your most obedient

and most humble servants,

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY,

HENRY LAURENS.

* * * * *

RESOLUTION OF CONGRESS RESPECTING COMMERCIAL STIPULATIONS.

In Congress, December 31st, 1782.

On the report of the committee to whom was referred a letter of the

14th of October last, from the Minister Plenipotentiary at the Court

of Versailles,

Resolved, That the Ministers Plenipotentiary for negotiating peace, be

instructed, in any commercial stipulations with Great Britain, which

may be comprehended in a treaty of peace, to endeavor to obtain for

the citizens and inhabitants of the United States, a direct commerce

to all parts of the British dominions and possessions, in like manner

as all parts of the United States may be opened to a direct commerce

of British subjects; or, at least, that such direct commerce be

extended to all parts of the British dominions and possessions in

Europe and the West Indies. And the said Ministers are informed that

stipulations are particularly expected by Congress, in case the

citizens and subjects of each party are to be admitted to an equality

in matters of commerce with the natives of the other party.

* * * * *

ENGLISH COMMISSIONERS DECLARATION OF THE CESSATION OF HOSTILITIES.

Paris, January 20th, 1783.

DECLARATION.

Whereas the Preliminary Articles agreed to, and signed this day,

between his Majesty, the King of Great Britain, and his Most

Christian Majesty, on the one part, and also between his said

Britannic Majesty and his Catholic Majesty, on the other part,

stipulate a cessation of hostilities between those three powers, which

is to commence upon the exchange of the ratifications of the said

Preliminary Articles; and whereas by the provisional treaty signed on

the thirtieth of November last, between his Britannic Majesty and the

United States of North America, it was stipulated, that the said

treaty should have its effect as soon as peace between the said Crowns

should be established; the underwritten Minister Plenipotentiary of

his Britannic Majesty declares, in the name and by the express order

of the King, his master, that the said United States of North America,

their subjects and their possessions, shall be comprised in the

suspension of arms above mentioned, and that they shall, consequently,

enjoy the benefit of the cessation of hostilities, at the same periods

and in the same manner as the three Crowns aforesaid, and their

subjects and possessions, respectively; on condition, however, that on

the part, and in the name, of the said United States of North America,

there shall be delivered a similar declaration, expressing their

assent to the present suspension of arms, and containing an assurance

of the most perfect reciprocity on their part.

In faith whereof, we, the Minister Plenipotentiary of his Britannic

Majesty, have signed this present declaration, and have thereto caused

the seal of our arms to be affixed, at Versailles, this twentieth day

of January, one thousand seven hundred and eightythree.

ALLEYNE FITZHERBERT.

* * * * *

_Signature of the above Declaration by the American

Commissioners._

We, the underwritten, Ministers Plenipotentiary of the United States

of North America, having received from Mr Fitzherbert, Minister

Plenipotentiary of his Britannic Majesty, a declaration relative to a

suspension of arms to be established between his said Majesty and the

said States, of which the following is a copy, viz; [See the preceding

Declaration.]

We have, in the name of the said United States of North America, and

in virtue of the powers we are vested with, received the above

declaration, and do accept the same by these presents, and we do

reciprocally declare, that said States cause to cease all hostilities

against his Britannic Majesty, his subjects and possessions, at the

terms or periods agreed to between his said Majesty the King of Great

Britain, his Majesty the King of France, and his Majesty the King of

Spain, in the same manner as stipulated between those three Crowns,

and to have the same effect.

In faith whereof, we, Ministers Plenipotentiary from the United States

of America, have signed the present declaration, and have hereunto

affixed the seals of our arms, at Versailles, the twentieth of

January, one thousand seven hundred and eightythree.

JOHN ADAMS,

B. FRANKLIN.

* * * * *

BRITISH KING'S PROCLAMATION DECLARING A CESSATION OF ARMS.

By the King.

A proclamation, declaring the cessation of arms, as well

by sea as land, agreed upon between his Majesty, the

Most Christian King, the King of Spain, the States-General

of the United Provinces, and the United States

of America, and enjoining the observance thereof

George R.

Whereas Provisional Articles were signed at Paris, on the thirtieth

day of November last, between our Commissioner for treating of peace

with the Commissioners of the United States of America, and the

Commissioners of the said States, to be inserted in, and to constitute

the treaty of peace proposed to be concluded between us and the said

United States, when terms of peace should be agreed upon between us

and his Most Christian Majesty; and whereas preliminaries for

restoring peace between us and his Most Christian Majesty were signed

at Versailles on the twentieth day of January last, by the Ministers

of us and the Most Christian King; and whereas preliminaries for

restoring peace between us and the King of Spain were also signed at

Versailles on the twentieth day of January last, between the Ministers

of us and the King of Spain; and whereas for putting an end to the

calamity of war, as soon and as far as it may be possible, it has been

agreed between us, his Most Christian Majesty, the King of Spain, the

States-General of the United Provinces, and the United States of

America, as follows, that is to say;

That such vessels and effects as should be taken in the Channel and in

the North Seas, after the space of twelve days, to be computed from

the ratification of the said Preliminary Articles, should be restored

on all sides; that the term should be one month from the Channel and

the North Seas, as far as the Canary Islands inclusively, whether in

the ocean or in 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 any

other more particular description of time or place;

And whereas the ratifications of the said Preliminary Articles,

between us and the Most Christian King, in due form were exchanged by

the Ministers of us, and of the Most Christian King, on the third day

of this instant February; and the ratifications of the said

Preliminary Articles, between us and the King of Spain, were exchanged

between the Ministers of us and of the King of Spain, on the ninth day

of this instant February, from which days, respectively, the several

terms above mentioned, of twelve days, of two months, and five months,

are to be computed; and whereas, it is our royal will and pleasure,

that the cessation of hostilities, between us and the States-General

of the United Provinces, and the United States of America, should be

agreeable to the epochs fixed between us and the Most Christian King;

We have thought fit, by and with the advice of our Privy Council, to

notify the same to all our loving subjects; and we do declare that our

royal will and pleasure is, and we do hereby strictly charge and

command all our officers, both at sea and land, and all our other

subjects whatsoever, to forbear all acts of hostility, either by sea

or land, against his Most Christian Majesty, the King of Spain, the

States-General of the United Provinces, and the United States of

America, their vessels, or subjects, from and after the respective

times above mentioned, and under the penalty of incurring our highest

displeasure.

Given at our Court at St James, the fourteenth day of February, in the

twentythird year of our reign, and in the year of our Lord one

thousand seven hundred and eightythree.

God save the King.

* * * * *

ALLEYNE FITZHERBERT TO THE COMMISSIONERS.

Paris, February 18th, 1783.

Gentlemen,

I have the honor to transmit to you herewith a packet, containing one

hundred passports for American vessels, which I have this moment

received by a courier from England.

I take this opportunity of acquainting you, that a proclamation was

issued out in the King's name on the 14th instant, making known the

cessation of hostilities, which has been agreed upon between the

several belligerent powers; and declaring further, that the several

epochas, at which the said armistice is to commence, between his

Majesty and the United States of North America, are to be computed

from the third day of this instant February, being the day on which

the ratifications of the preliminaries were exchanged between his

Majesty and the Most Christian King. I must add, that his Majesty was

induced to take this step, under the firm expectation, that you,

Gentlemen, will correspond to it on your parts, by adopting the same

measure reciprocally, in the name of the States, your masters.

I have the honor to be, &c.

ALLEYNE FITZHERBERT.

* * * * *

AMERICAN COMMISSIONERS' DECLARATION OF THE CESSATION OF

HOSTILITIES.

By the Ministers Plenipotentiary of the United States of America

for making peace with Great Britain,

A DECLARATION

Of the cessation of arms, as well by sea as land, agreed upon between

his Majesty the King of Great Britain and the United States of

America.

Whereas Preliminary Articles were signed at Paris, on the thirtieth

day of November last, between the Plenipotentiaries of his said

Majesty the King of Great Britain and of the said States, to be

inserted in, and to constitute the treaty of peace, to be concluded

between his said Majesty and the said United States, when terms of

peace should be agreed upon, between his said Majesty and his Most

Christian Majesty. And whereas preliminaries for restoring peace,

between his said Majesty the King of Great Britain and his Most

Christian Majesty, were signed at Versailles, on the twentieth day of

January last, by the respective Ministers of their said Majesties; and

whereas preliminaries for restoring peace, between his said Majesty

the King of Great Britain and his Majesty the King of Spain, were also

signed at Versailles on the twentieth day of January last, by their

respective Ministers; and whereas, for putting an end to the calamity

of war, as soon and as far as possible, it has been agreed, between

the King of Great Britain, his Most Christian Majesty, the King of

Spain, the States-General of the United Provinces, and the United

States of America, as follows, that is to say;

That such vessels and effects as should be taken in the Channel and in

the North Seas, after the space of twelve days, to be computed from

the ratification of the said Preliminary Articles, should be restored

on all sides; that the term should be one month, from the Channel and

North Seas as far as the Canary Islands, inclusively, whether 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 any other

more particular description of time or place;

And whereas the ratifications of the said Preliminary Articles between

his said Majesty the King of Great Britain and his Most Christian

Majesty, in due form were exchanged by their Ministers, on the third

day of this instant February, from which day the several terms

abovementioned, of twelve days, of one month, of two months, and of

five months, are to be computed, relative to all British and American

vessels and effects;

Now, therefore, we, the Ministers Plenipotentiary from the United

States of America, for making peace with Great Britain, do notify to

the people and citizens of the said United States of America, that

hostilities on their part against his Britannic Majesty, both by sea

and land, are to cease at the expiration of the terms herein before

specified therefor, and which terms are to be computed from the third

day of February instant. And we do, in the name and by the authority

of the said United States, accordingly warn and enjoin all their

officers and citizens, to forbear all acts of hostility whatever,

either by land or by sea, against his said Majesty the King of Great

Britain, or his subjects, under the penalty of incurring the highest

displeasure of the said United States.

Given at Paris, the twentieth day of February, in the year of our Lord

one thousand seven hundred and eightythree, under our hands and seals.

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

* * * * *

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, March 25th, 1783.

Gentlemen,

I am now to acknowledge the favor of your joint letter by the

Washington, together with a copy of the Preliminary Articles; both

were laid before Congress. The Articles have met with their warmest

approbation, and have been generally seen by the people in the most

favorable point of view.

The steadiness manifested in not treating without an express

acknowledgment of your independence previous to a treaty is approved,

and it is not doubted but it accelerated that declaration. The

boundaries are as extensive as we have a right to expect; and we have

nothing to complain of with respect to the fisheries. My sentiments as

to English debts you have in a former letter. No honest man could wish

to withhold them. A little forbearance in British creditors, till

people have recovered in part from the losses sustained by the war,

will be necessary to render this Article palatable, and indeed to

secure more effectually the debt. The Article relative to the

loyalists is not quite so accurately expressed as I could wish it to

have been. What for instance is intended by _real British subjects_?

It is clear to me that it will operate nothing in their favor in any

State in the union, but as you made no secret of this to the British

Commissioners, they will have nothing to charge you with; and indeed

the whole clause seems rather to have been inserted to appease the

clamor of these poor wretches, than to satisfy their wants. Britain

would have discovered more candor and magnanimity in paying to them

three months' expense of the war establishment, which would have been

an ample compensation for all their losses, and left no germ of

dissatisfaction to bud and bloom and ripen into discontents here.

Another mad Administration may think the noncompliance of the

Legislatures with the recommendations of Congress on this subject, a

sufficient cause for giving themselves and us new troubles. You

however were perfectly right in agreeing to the Article, the folly was

theirs, who did not either insist upon more, or give up this.

But, Gentlemen, though the issue of your treaty has been successful,

though I am satisfied that we are much indebted to your firmness and

perseverance, to your accurate knowledge of our situation, and of our

wants for this success, yet I feel no little pain at the distrust

manifested in the management of it; particularly in signing the treaty

without communicating it to the Court of Versailles till after the

signature, and in concealing the Separate Article from it even when

signed. I have examined with the most minute attention all the reasons

assigned in your several letters to justify these suspicions. I

confess they do not appear to strike me so forcibly as they have done

you; and it gives me pain, that the character for candor and fidelity

to its engagements, which should always characterise a great people,

should have been impeached thereby. The concealment was in my opinion

absolutely unnecessary; for had the Court of France disapproved the

terms you had made, after they had been agreed upon, they could not

have acted so absurdly as to counteract you at that late day; and

thereby put themselves in the power of an enemy, who would certainly

betray them, and perhaps justify you in making terms for yourselves.

The Secret Article is no otherwise important, than as it carries in it

the seeds of enmity to the Court of Spain, and shows a marked

preference for an open enemy. It would in my opinion, have been much

better to have fixed on the same boundaries for West Florida, into

whatever hands it fell, without showing any preference, or rendering

concealment necessary; since all the arguments in favor of the cession

to England would then have operated with equal force, and nothing have

been lost by it; for there can be no doubt, that whether Florida shall

at the close of the war be ceded to England or to Spain, it will be

ceded as it was held by Britain. The Separate Article is not, I

suppose, by this time a secret in Europe; it can hardly be considered

as such in America. The treaty was sent out to the General with this

Article annexed by Sir Guy Carleton, without the smallest injunction

of secrecy. So that I dare say it has been pretty generally read at

head quarters. Congress still conceal it here. I feel for the

embarrassment explanations on this subject must subject you to, when

this secret is known to your allies.

The Diplomatic Correspondence of the American Revolution, Vol. 10 · 第 9 / 33 段