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.