there is not the least prospect of obtaining any decision upon it in
time to send by this conveyance, if at all. I leave you to collect
their sentiments, as far as I know them, from the following state of
their proceedings. After your joint and separate letters, and the
journals had been submitted to them by me, and had been read, they
were referred back to me to report upon, when I wrote them a letter,
and when it was taken into consideration, motions were made and
debated a whole day. After which the letter and motions were
committed, and a report brought in. This was under consideration two
days, when the arrival of a vessel from Cadiz with letters from the
Count d'Estaing and the Marquis de Lafayette, containing accounts,
that the preliminaries were signed, induced many members to think it
would be improper to proceed in the report, and in that state it
remains without any express decision. From this you will draw your own
inferences.
I make no apology for the part I have taken in this business. I am
satisfied you will readily acquit me for having discharged what I
conceived to be my duty upon such a view of things as you presented to
me. In declaring my sentiments freely, I invite you to treat me with
equal candor in your letters, and in sending original papers, I guard
against misrepresentations that might give you pain. Upon the whole I
have the pleasure of assuring you, that the services you have rendered
your country, in bringing this business to a happy issue, are very
gratefully received by them; however we may differ in sentiments about
the mode of doing it.
I am sorry that the extreme negligence of the different States, has
prevented, and will probably long prevent, my being able to send you a
state of the injury done to real property, and the number of slaves
destroyed and carried off by the British troops and their allies,
though no pains have been, or shall be wanting, on my part to urge
them to it.
I have the honor to be, Gentlemen,
ROBERT R. LIVINGSTON.
* * * * *
PROCLAMATION OF CONGRESS DECLARING A CESSATION OF ARMS.
By the United States of America in Congress assembled.
A PROCLAMATION,
Declaring the cessation of arms, as well by sea as by land, agreed
upon between the United States of America and his Britannic Majesty,
and enjoining the observance thereof.
Whereas Provisional Articles were signed at Paris on the 30th day of
November last, between the Ministers Plenipotentiary of the United
States of America for treating of peace, and the Minister
Plenipotentiary of his Britannic Majesty, to be inserted in, and to
constitute the treaty of peace proposed to be concluded between the
United States of America and his Britannic Majesty, when terms of
peace should be agreed upon between their Most Christian and Britannic
Majesties; and whereas preliminaries for restoring peace between their
Most Christian and Britannic Majesties were signed at Versailles, on
the 20th day of January last, by the Ministers of their Most Christian
and Britannic Majesties; and whereas preliminaries for restoring peace
between the said King of Great Britain and the King of Spain, were
also signed at Versailles on the same 20th day of January last;
By which said Preliminary Articles it has been agreed, that as soon as
the same were ratified, hostilities between the said Kings, their
kingdoms, states and subjects, should cease in all parts of the world;
and it was further agreed, that all vessels and effects that might be
taken in the Channel and in the North Seas, after the space of twelve
days from the ratification of the said Preliminary Articles, should be
restored; that the term should be one month from the Channel and North
Seas as far as the Canary Islands, inclusively, whether in 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 more particular
description of time or place;
And whereas it was declared by the Minister Plenipotentiary of the
King of Great Britain, in the name and by the express order of the
King his master, on the said 20th day of January last, that the said
United States of America, their subjects and their possessions, shall
be comprised in the above mentioned suspension of arms, at the same
epochs, and in the same manner as the three Crowns abovementioned,
their subjects and possessions respectively; upon condition, that on
the part and in the name of the United States of America, a similar
declaration shall be delivered, expressly declaring their assent to
the said suspension of arms, and containing an assurance of the most
perfect reciprocity on their part;
And whereas the Ministers Plenipotentiary of these United States, did,
on the 20th day of January, in the name and by the authority of the
said United States, accept the said declaration, and declare that the
said States should cause all hostilities to cease against his
Britannic Majesty, his subjects and his possessions, at the terms and
epochs agreed upon between his said Majesty the King of Great Britain,
his Majesty the King of France, and his Majesty the King of Spain, so
and in the same manner as had been agreed upon between those three
Crowns, and to produce the same effects;
And whereas the ratifications of the said Preliminary Articles,
between their Most Christian and Britannic Majesties, were exchanged
by their Ministers on the 3d day of February last; and between his
Britannic Majesty and the King of Spain, on the 9th day of February
last;
And whereas it is our will and pleasure, that the cessation of
hostilities between the United States of America and his Britannic
Majesty, should be conformable to the epochs fixed between their Most
Christian and Britannic Majesties;
We have thought fit to make known the same to the citizens of these
States; and we hereby strictly charge and command all our officers,
both by sea and land, and other subjects of these United States, to
forbear all acts of hostility, either by sea or by land, against his
Britannic Majesty or his subjects, from and after the respective times
agreed upon between their Most Christian and Britannic Majesties, as
aforesaid.
And we do further require all governors and others, the executive
powers of these United States respectively, to cause this our
proclamation to be made public, to the end that the same may be duly
observed within their several jurisdictions.
Given under the seal of the United States. Witness, his Excellency
ELIAS BOUDINOT, President, this twelfth day of April, in the year of
our Lord one thousand seven hundred and eightythree, and of the
sovereignty and independence of the United States the seventh.
* * * * *
ROBERT R. LIVINGSTON TO THE COMMISSIONERS.
Philadelphia, April 21st, 1783.
Gentlemen,
Upon the receipt of the Provisional Articles, and a subsequent account
brought by a vessel, despatched by Count d'Estaing, I wrote letters to
Sir Guy Carleton and Admiral Digby, to which I received answers. You
will find them cold and distant. Those they wrote to the Minister of
France, in answer to similar communications made by him, were still
more so, and contain the same illiberal doubts which are mentioned in
mine, expressed in much stronger terms. When they received an
authentic account of the treaty, they sent a copy of it, (_no part_
being omitted) to Congress, through the General. When the Proclamation
for the cessation of hostilities was received at New York, it was sent
to me by an officer with a letter, to which I returned an answer.
After this two great questions were agitated in Congress. 1st. Whether
they should proceed to the immediate ratification of the Provisional
Articles; and 2dly. Whether they should release their prisoners. Some
maintained with respect to the first of these points, that they knew
not in what light to consider the Provisional Articles, whether as
preliminaries or a definitive treaty. That the preamble said they were
to constitute the treaty, while at the same time, they were only to be
inserted in it. These terms they considered as contradictory; and they
wished to have explanations from you on this head, to know what the
operation of a ratification would be, and they inferred from your
silence, that none was necessary. They observed, that no time was set
for the evacuation of New York; that the ratification would in some
measure compel them to release their prisoners, and thus strengthen
their hands, when it was possible a definitive treaty might not take
effect between Great Britain and France; and that the ratification and
the restoration of prisoners, if it left us nothing more to do, was in
some sort to desert our allies. To this it was answered, that the
Provisional Articles were only to be received as preliminary, that
from the very nature of them, they could not he definitive; that the
ratification would not alter the nature of them, but confirm them as
they stood; that they were confessedly very advantageous to us; that
the neglecting any such acceptation of them as was necessary on our
part would give the enemy a pretence for violating the stipulations
they contained; that the principal points between France and Great
Britain being settled, we had no reason to apprehend a failure of a
definitive treaty; that it was important to show, that we were
determined to adhere in every particular to the engagements you had
made. These arguments prevailed, and a resolution passed directing
the ratification which I enclose. It is probable that the definitive
treaty will be signed before this can reach you, otherwise it would be
extremely desirable that some ambiguities in the Provisional Articles
should be cleared up, and other objects, which have been at different
times touched upon in my public letters, attended to.
The sixth Article is not so precisely expressed as to point out to
what time the word _future_ refers, whether to the signature of the
Provisional Articles, whether to the act, which gave it the force of a
treaty, or to the definitive treaty. Though I should suppose the
second to be the intention from the opposition between the words
_now_, and the time of the ratification in America.
The seventh Article leaves the time for the evacuation of New York
upon so loose a footing, that I fear our troublesome guests will long
continue to be such, unless a day is fixed on for their departure, in
the definitive treaty. You can easily conceive the impatience that the
distressed inhabitants of New Fork feel at every moment's delay; and
the fears and jealousies that prevail among them lest it should be
meant to retain these posts as pledges for the performance of the
stipulations in favor of the tories. By the debates in Parliament on
the 3d of March, it is evident that they had then no orders to
evacuate.
You will observe that the ratification does not extend to the Separate
Article. The treaty between Spain and Great Britain renders it
unnecessary; and Congress not caring to express any sentiment upon
that subject, I refer you to my letters to Dr Franklin and Mr Jay upon
the subject of a free trade with the West Indies, and the logwood
trade, which are important objects here; and, I hope, will be
attended to in your definitive treaty. It were to be wished that the
ambiguity with respect to the time of the cessation of hostilities
upon this coast was cleared up, and the construction we put upon it
adopted, to wit, that by _as far as the Canaries_, was intended the
latitude of the Canaries, which construction can be supported by a
variety of arguments, and is extremely important to us, as a number of
our vessels have been taken since the 3d of March.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
MR GRAND TO THE COMMISSIONERS.
Paris, May 10th, 1783.
Gentlemen,
It is some months ago since I had the honor to write you, and am well
persuaded, although I received no answer thereto, that it will have
engaged your attention. I earnestly wish it may have been productive
of an improvement to the finances of Congress, which I then foresaw
would be short of our wants, and which is, unfortunately, too much the
case at present.
Last month, I remitted to the honorable Robert Morris, the state of
his account; the balance of which was 413,892 livres _13c. 9s._ due to
me. This, added to the subsequent payments I had to make, would have
thrown me into a state of perplexity, had it not been for the
assistance given me by the _Garde du Tresor Royal_.
You will see, Gentlemen, by the statement I have the honor to enclose
for your consideration, that the sums I am to pay, exceed by one
million those that are to be paid me. And making even abstraction of
all that is not Mr Morris' bill, there still remains a defect of
500,000 livres, independent of the allowance to be made for his usual
wants, from January 24th (date of his last bills) up to the 12th of
March.
I am happy to have it in my power to say, that I have exerted to this
instant, all that my zeal and my faculties could suggest to me. Did
the last keep pace with the former, I should never have applied but to
them. However, the state of affairs is such now, that a resolution
must be taken relative thereto; and, even, without delay; the bearers
of Mr Morris's bills growing so urgent upon me, that rather than to
have occasioned any difficulty before I could be informed of your
resolution, I preferred accepting a further sum of 54,000 livres this
day.
I crave your Excellencies will honor me with a quick answer;
meantime, I remain &c.
GRAND.
* * *
_State of the Finances of Congress at Paris, on the 10th
of May_, 1783.
Balance due to me on the last account, Livres 413,892 13 9
Sums paid by his Excellency Benjamin
Franklin's orders, 172,001 5 1
The honorable Robert Morris's drafts to
be paid, 1,872,871 1 10
His fresh drafts from January 24th, at
60 days sight, of which I have already
accepted 54,000 livres, 804,371 8
---------------
3,263,136 8 8
Interest on the Dutch Loan, 400,000}
Sabatier & Desprez' claim }
for articles to the Marquis }
de Lafayette, 134,000}
-------
534,000
---------------
Livres 3,797,136 8 8
* * * * *
M. DE LAFAYETTE TO THE COMMISSIONERS.
Paris, May 12th, 1783.
Gentlemen,
Having yesterday conferred with Count de Vergennes upon some public
concerns, he requested I would tell you what, instead of troubling you
with the demand of a meeting, I think better to mention in this note.
The several powers, said he, are going to make up their treaties, and
when ready to sign, they will, of course, meet to do it all together.
The mediation of the Emperor and that of Russia have been required,
and under that mediation the French treaty will be signed; it now
rests with America to know, if she will conclude her treaty under the
mediation, or chooses to let it alone. There is no necessity for it.
But, in case you prefer to have it, Count de Vergennes thinks it is
time to join with England in making a combined application to the
Court of Vienna and that of Petersburg.
So far, Gentlemen, I have been requested to speak to you. I will add,
that from my last conferences on the subject, I hope we may get the
harbor of L'Orient, as we have wished, for the American trade.
Be pleased to accept the assurances of my great and affectionate
respect.
LAFAYETTE.
* * * * *
DAVID HARTLEY'S COMMISSION.
George R.
George the Third, by the Grace of God, King of Great Britain, France
and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg,
Arch Treasurer and Prince Elector of the Holy Roman Empire, and so
forth, to all to whom these presents shall come, Greeting.
Whereas, for the perfecting and establishing the peace, friendship,
and good understanding so happily commenced by the Provisional
Articles signed at Paris, the thirtieth day of November last, by the
Commissioners of us, and our good friends, the United States of
America, viz; New Hampshire, Massachusetts Bay, 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, and for opening, promoting,
and rendering perpetual, the mutual intercourse of trade and commerce,
between our kingdoms and the dominions of the said United States, we
have thought proper to invest some fit person with full powers on our
part to meet and confer with the Ministers of the said United States,
now residing at Paris, duly authorised for the accomplishing of such
laudable and salutary purposes.
Now know ye, that we, reposing special trust and confidence in the
wisdom, loyalty, diligence, and circumspection of our trusty and well
beloved David Hartley, (on whom we have heretofore conferred the rank
of our Minister Plenipotentiary,) have nominated, constituted and
appointed, and by these presents do nominate, constitute and appoint
him, our true, certain, and undoubted Commissioner, Procurator, and
Plenipotentiary; giving and granting to him all, and all manner of
faculty, power, and authority, together with general, as well as
special order (so as the general do not derogate from the special, nor
on the contrary,) for us, and in our name, to meet, confer, treat, and
conclude with the Minister or Ministers, furnished with sufficient
powers, on the part of our said good friends, the United States of
America, of and concerning all such matters and things as may be
requisite and necessary for accomplishing and completing the several
ends and purposes herein before mentioned, and also for us, and in our
name to sign such treaty or treaties, convention or conventions, or
other instruments whatsoever, as may be agreed upon in the premises;
and mutually to deliver and receive the same in exchange, and to do
and perform all such other acts, matters, and things, as may be
anyways proper and conducive to the purposes abovementioned, in as
full and ample form and manner, and with the like validity and effect,
as we ourself, if we were present, could do and perform the same;
engaging and promising, on our royal word, that we will accept,
ratify, and confirm in the most effectual manner all such acts,
matters, and things, as shall be so transacted and concluded by our
aforesaid Commissioner, Procurator, and Plenipotentiary, and that we
will never suffer any person to violate the same, in the whole, or in
part, or to act contrary thereto.
In testimony and confirmation of all which, we have caused our great
seal of Great Britain to be affixed to these presents, signed with our
royal hand.
Given at our palace at St James, the fourteenth day of May, in the
year of our Lord one thousand seven hundred and eightythree, and the
twentythird year of our reign.
I, David Hartley, the Minister abovementioned, certify the foregoing
to be a true copy from my original commission, delivered to the
American Ministers this 19th day of May, 1783.
D. HARTLEY.
* * * * *
AN ORDER OF THE BRITISH COUNCIL.
Copy of the Order in Council, the 14th of May, 1783, read to, and left
with the American Ministers, this 21st day of May, 1783, by Mr
Hartley.
At the Court of St James, May 14th, 1783.
Present. The King's Most Excellent Majesty in Council.
Whereas, by an act of Parliament passed this session, entitled, "An
Act for preventing certain instruments from being required from ships
belonging to the United States of America, and to give to his Majesty,
for a limited time, certain powers for the better carrying on trade
and commerce between the subjects of his Majesty's dominions and the
inhabitants of the said United States," it is, among other things,
enacted, that, during the continuance of the said act, it shall, and
may be lawful for his Majesty in Council, by order or orders to be
issued and published from time to time, to give such directions, and
to make such regulations with respect to duties, drawbacks, or
otherwise, for carrying on the trade and commerce between the people
and territories belonging to the Crown of Great Britain, and the
people and territories of the said United States, as to his Majesty in
Council shall appear most expedient and salutary, any law, usage, or
custom to the contrary notwithstanding. His Majesty, does, therefore,
by, and with the advice of his Privy Council, hereby order and direct,
that any oil, or unmanufactured goods or merchandises, being the
growth or production of any of the territories of the said United
States of America, may, (until further order) be imported directly
from thence into any of the ports of this kingdom, either in British
or American ships, by British subjects, or by any of the people
inhabiting in, and belonging to the said United States, or any of
them, and such goods and merchandises shall and may be entered and
landed in any port in this kingdom, upon payment of the same duties,
as the like sort of goods are, or may be subject and liable to, if
imported by British subjects in British ships from any British island
or plantation in America, and no other, notwithstanding such goods or
merchandises, or the ships in which the same may be brought, may not
be accompanied with the certificates, or other documents heretofore
required by law; and it is hereby further ordered and directed, that
there shall be the same drawbacks, exemptions, and bounties on
merchandises and goods exported from Great Britain into the
territories of the said United States of America, or any of them, as
are allowed upon the exportation of the like goods or merchandise, to
any of the islands, plantations, or colonies belonging to the Crown of
Great Britain in America; and it is hereby further ordered and
directed, that all American ships and vessels, which shall have
voluntarily come into any port of Great Britain, since the 20th of
January, 1783, shall be admitted, together with the goods and
merchandises on board the same ships and vessels, to the full benefit
of this order; and the Right Honorable the Lords, Commissioners of
his Majesty's Treasury, and the Lords, Commissioners of the Admiralty,
are to give the necessary directions herein, as to them may
respectively appertain.[14]
WILLIAM FAWKNER.
FOOTNOTE:
[14] See the following Papers in _Henry Laurens's Correspondence_,
Vol. II. pp. 499-502, viz.
1. Articles proposed to the American Commissioners by Mr Hartley.
2. Mr Hartley's proposed Article of Agreement, delivered by him to the
American Commissioners for their consideration, May 21st, 1783.
3. Observations and propositions of Mr Hartley, left with the American
Ministers, May 21st, 1783.
Also in _Franklin's Correspondence_, Vol. IV. pp. 78, 80, 92, and the
following, viz.
1. Conciliatory Propositions.
2. Sketch of a Provisional Treaty of Commerce.
3. Supplemental Treaty.
* * * * *
COUNT DE VERGENNES' PROPOSED NEW ARTICLES.
[Delivered to Dr Franklin on the 20th of May, 1783.]
Translation.
The intention of his Most Christian Majesty and the United States of
North America, in concluding between them a treaty of amity and
commerce, having been, that their respective subjects should enjoy all
the advantages, privileges, and exemptions, which the most favored
nations enjoy or may enjoy, and his said Majesty and the United
States, wishing to prevent any misunderstandings that may arise by a
false application of the 2d and 3d Articles of the treaty of commerce
of February 6th, 1778, have thought it proper to determine in a
precise manner the principles which ought to be followed on one part
and the other, concerning the matter in question. In consequence, it
is proposed, that his Majesty and the Congress of the United States
agree to the following Articles.
ARTICLE I. To interpret, as far as is necessary, the 2d Article of the
treaty of amity and commerce, concluded February 6th, 1778, the United
States declare, that all the advantages, privileges, and exemptions,
which are accorded, or may be accorded hereafter, in regard to
navigation and commerce, to any nation, power, or state, whatever,
shall be common to the French nation, and that these shall be enjoyed
conformably to Article 3d of the treaty, in such manner that in no
case, or under any pretext, shall the said United States exact any
compensation from his Most Christian Majesty.
ARTICLE II. His Most Christian Majesty promises and engages on his
part, to cause the subjects of the United States to enjoy, in
conformity with the 3d Article abovementioned, all the advantages,
privileges, and exemptions, which the most favored nations now enjoy,
or may enjoy hereafter, and that without exacting any compensation
from the said States.
* * * * *
TO MR GRAND.
Paris, May 22d, 1783.
Sir,