We have received the letter you did us the honor to write us on the

10th day of this month, containing a brief state of the affairs of the

United States, in your hands.

We see the difficulties you are in, and are sorry to say that it is

not in our power to afford you any relief.

We have the honor to be, Sir, &c.

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

* * * * *

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 28th, 1783.

Gentlemen,

By the direction of Congress contained in the enclosed resolutions, I

have the honor to transmit you the correspondence between General

Washington and Sir Guy Carleton, together with minutes of their

conference, when in pursuance of the invitation of the first, they met

in Orange county. Nothing can be a more direct violation of the

seventh Article of the provisional treaty, than sending off the

slaves, under pretence, that their Proclamations had set them free, as

if a British General had, either by their laws or those of nations, a

right by Proclamation, to deprive any man whatever of his property.

They may with much more propriety pretend to re-establish every one of

their adherents in all the rights they had before the war, since they

engaged so to do, and the people with whom they made these engagements

were capable of entering into them, which slaves were not. Or even if

they were, the promise made to them must be under the same limitations

with those made to their other adherents in this country, and amounts

to nothing more than this; "make yourselves free, and we will protect

you in that freedom as long as we can." The Articles imply, that they

were no longer able to protect them. You will be pleased to

remonstrate on this subject, and inform Congress of the effects of

your representations.

We have been much embarrassed by your silence, not having had a line

from you since the Provisional Articles took effect, nor being at all

acquainted with the progress of the definitive treaty; though the

earliest information on this subject becomes very important. Congress,

after some hesitation have ventured to hope, that it will meet with no

obstructions, and have accordingly discharged by the enclosed

resolution a considerable part of their army upon those principles of

economy which extreme necessity dictated. As scarce a week passes

without several arrivals from France, Congress complain with some

reason of your silence. For my own part I could wish, that you would

severally impose upon yourselves the task of writing weekly, and

sending your letters to Mr Barclay. As you are possessed of cyphers,

there can be no hazard in this, where the subject of your

correspondence requires secrecy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 31st, 1783.

Gentlemen,

Congress yesterday passed the enclosed resolutions on the subject of

the payment of British debts. The language they speak requires no

comment.

I complained in my last of your long silence, or rather laid before

you the complaints of Congress. These, I think receive additional

force from the intelligence that I have since had, that the

negotiations are still going on; and that important propositions have

been made you from Holland. As Congress have adjourned for two days,

and the packet sails tomorrow, I cannot procure their instructions on

this subject; though I think I may venture to say that they will not

without reluctance go one step further than their honor requires of

them in making new engagements which may involve them in the disputes

of Europe, from which they wish to be totally disengaged. I make no

observations on these propositions, or your power to accede to them,

being well persuaded that you will take no step in this business

without a full persuasion that important advantages will result

therefrom to these States. The second proposition, in case France and

Spain should decline acceding to the first, is more peculiarly

delicate from the inability of the contracting powers to enforce them;

if, which is hardly to be supposed, they should unite in wishing it.

I cannot help lamenting since so much time has elapsed before any

conclusion is formed, that you had not thought it advisable to write

me on this subject, explaining the advantages and disadvantages of the

measure, and enabling me to take the sense of Congress thereon; for

though they have the highest confidence in your judgment and knowledge

of the true interests of this country, yet I am persuaded that they

think it a duty to see with their own eyes; and to form their own

conclusions on great national objects, where there is a possibility of

so doing. The experience of the last war has shown that the

propositions of the Empress of Russia were little more than a dead

letter. Those whom England dared to offend derived no advantage from

them. Our engagement therefore on this head will, in my opinion, add

little weight to them, unless the great maritime powers of Europe

agree to support them, and they may involve us in disagreeable

discussions. These however are only my sentiments; those of Congress I

am ignorant of.

The fifth and sixth Articles of the provisional treaty excite much

ferment here. For though the most dissatisfied spirits acknowledge the

whole treaty taken together to answer their highest expectations, yet

they wish to take only what they like, and leave out what they

disapprove; and such is the relaxation of government, and so great the

disorder and uneasiness introduced by the war, that it will be found

very difficult to bridle the just resentments of some, and the

unfounded apprehensions that others entertain of reimbursement that

may effect their particular interests.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

JOHN ADAMS'S PROPOSED AGREEMENT.

June, 1783.

ARTICLES

Agreed upon by and between David Hartley, Minister Plenipotentiary of

his Britannic Majesty for and in behalf of his said Majesty, on the

one part, and John Adams, Benjamin Franklin, John Jay, and Henry

Laurens, Ministers Plenipotentiary of the United States of America,

for treating of peace with the Minister Plenipotentiary of his said

Majesty, on their behalf, on the other part,

_In addition_ to those Articles agreed upon, on the 30th day of

November, 1782, by and between Richard Oswald, the Commissioner of his

Britannic Majesty for treating of peace with the Commissioners of the

United States of America, in behalf of his said Majesty, on the one

part, and the said John Adams, Benjamin Franklin, and Henry Laurens,

Commissioners of the said States, for treating of peace, with the

Commissioner of his said Majesty, on their behalf, on the other part;

Whereas it is expedient, that intercourse and commerce should be

opened, between the people and territories subject to the Crown of

Great Britain and those of the United States of America, and that this

intercourse and commerce should be established on the most enlarged

principles of reciprocal benefit to both countries;

1st. It is agreed, that Ministers shall be forthwith nominated and

vested with full powers, to treat, agree, and conclude, upon a

permanent treaty of commerce between the two powers and their

respective citizens, subjects and countries.

2dly. For the purpose of a temporary regulation of such intercourse

and commerce, it is agreed,

That the citizens of the United States shall import into, and export

from, any part of the dominions, subject to the Crown of Great

Britain, in American ships, any goods, wares, and merchandises, which

have been so imported, or exported, by the inhabitants of the British

American Colonies before the commencement of the late war, paying only

the same duties and charges, as the like sort of goods or

merchandises are now, or may be, subject to, if imported by British

subjects, in British ships, from any British island, or plantation in

America; and that the subjects of his Britannic Majesty shall import

to, and export from, any part of the territories of the United States

of America, in British ships, any goods, wares, and merchandise, which

might have been so imported, or exported, by the subjects of his

Britannic Majesty, before the commencement of the war, paying the same

duties and charges, as the like sort of goods, wares, and merchandises

are now, or may be, subject to, if imported in American ships, by any

of the citizens of the said United States.

This agreement to continue in force for all vessels, which shall sail

from any port of either party, on or before the ---- day of ---- and

no longer; provided always, that nothing in this agreement shall at

any time hereafter be argued on either side, in support of any

proposition, which may be made in the future negotiation of a

permanent treaty of commerce.

* * * * *

JOHN JAY'S PROPOSED AGREEMENT.

June, 1783.

Whereas a variety of circumstances and considerations oppose the

forming at present a permanent treaty of commerce, between the

Imperial Crown of Great Britain and the United States of America; and

whereas it is expedient that a commercial intercourse should be

without delay opened and regulated between the kingdom and territories

of Great Britain and the said States, by a temporary convention,

therefore,

It is agreed that for the term of ---- from the date hereof, &c. &c.

Provided that the subjects of his Britannic Majesty shall not have any

right or claim under the convention, to carry or import, into the said

States any slaves from any part of the world; it being the intention

of the said States entirely to prohibit the importation thereof.

And whereas questions may arise respecting the operation of this

convention on Ireland, it is agreed that it shall not restrain that

kingdom from accepting from, and granting to, the said States further

and more extensive commercial privileges than that Island and the

British American Colonies enjoyed with respect to each other before

the late war.

And whereas this convention is dictated by temporary convenience, and

the discussion of questions respecting reciprocity has, in forming it,

been avoided; therefore, it is agreed, that no arguments shall be

drawn from it, for or against any propositions or claims, which either

party may make in treating of, and framing the proposed future treaty

of commerce.

* * * * *

DAVID HARTLEY'S PROPOSED AGREEMENT.

June, 1783.

It is agreed, that the citizens of the United States of America shall

be permitted to import into, and export from, any port or place of the

territories belonging to the Crown of Great Britain, in American

ships, any goods, wares and merchandise, which might have been so

imported by the inhabitants of the British American Colonies before

the commencement of the late war, upon payment of the same duties and

charges, as the like sort of goods or merchandise are now, or may be,

subject and liable to, if imported or exported by British subjects, in

British ships, into and from any port or place of the territories

belonging to the Crown of Great Britain; provided, however, that the

citizens of the United States shall not have any right or claim, under

this convention, to carry on any direct intercourse of commerce

between the British West India Islands and the ports of Great Britain.

It is agreed, likewise, that the subjects of Great Britain shall be

permitted to import into, and to export from, any part of the

territories of the United States of America, in British ships, any

goods, wares, and merchandise, which might have been so imported, or

exported, by the subjects of Great Britain before the commencement of

the late war, upon payment of the same duties and charges, as the like

sort of goods, wares, and merchandise are now, or may be, liable to,

if imported, or exported, in American ships by the citizens of the

United States of America.

* * * * *

REPORT OF A COMMITTEE OF CONGRESS.

By the United States in Congress assembled, June 12th, 1783.

The Committee, to whom was referred a report of the Secretary for

Foreign Affairs, on a letter of the 20th of March last from M. Dumas,

and sundry papers enclosed, report;

That it appears from the said letter and the papers enclosed, that

propositions have been made, on the part of the States-General, to the

Ministers of the United States of America at Paris, in order to

render an express stipulation in favor of the freedom of navigation

less necessary in the treaty of peace between Great Britain and the

United Provinces of the Netherlands, either to accede to the treaty of

the armed neutrality already concluded between some powers of Europe,

or to enter into similar engagements with France, Spain, and the

United Provinces of the Netherlands, or, in case France and Spain

should refuse to enter into a Convention founded on the principles of

the armed neutrality, or wish to delay it till after the general

peace, to form a separate convention for similar purposes, between the

United Provinces of the Netherlands and the United States of America.

That the answers to these propositions do not appear from the papers

transmitted, though there is room to infer from M. Dumas's letter of

the fourth and eighteenth of February, that the two first of these

propositions were encouraged by our Ministers, and that the

States-General proposed to act in consequence thereof, and had made

the last proposition, in order to be prepared in case either, or both,

of the two first should fail.

It appears from the report of the Secretary for Foreign Affairs, that

no powers are at present vested in any person in Europe, to agree to

any treaty, similar to that entered into by Russia, Sweden, Denmark,

and the United Provinces of the Netherlands, after the peace shall be

concluded. The resolution of the 5th of October, 1780, empowers the

Ministers of these States, if invited thereto, to accede to such

regulations conformable to the spirit of the declaration of Russia, as

may be agreed upon by the Congress expected to assemble, in pursuance

of the invitation of her Imperial Majesty. Our Ministers received no

invitation, and special powers were afterwards given to Mr Dana,

which, in their nature, superseded that resolution. Mr Dana was by his

commission and instructions empowered to sign the treaty or

convention, for the protection of commerce in behalf of the United

States, either with her Imperial Majesty, in conjunction with the

other neutral powers, or if that shall be inadmissible, separately

with her Imperial Majesty, or any of those, that is, those neutral

powers. The treaty being only made to continue during the war, his

powers terminated with the war, or, at most, extended only to sign it

with the neutral powers, and not to form a new separate treaty.

Whereupon Congress came to the following resolution.

Whereas the primary object of the resolution of October 5th, 1780, and

of the commission and instructions to Mr Dana, relative to the

accession of the United States to the neutral confederacy, no longer

can operate, and as the true interest of the States requires, that

they should be as little as possible entangled in the politics and

controversies of European nations, it is inexpedient to renew the said

powers either to Mr Dana, or to the other Ministers of these United

States in Europe. But, inasmuch as the liberal principles, on which

the said confederacy was established, are conceived to be, in general,

favorable to the interests of nations, and, particularly, to those of

the United States, and ought, in that view, to be promoted by the

latter, as far as will consist with their fundamental policy;

Resolved, that the Ministers Plenipotentiary of these United States

for negotiating a peace be, and they are hereby instructed, in case

they should comprise in the definitive treaty any stipulation,

amounting to a recognition of the rights of neutral nations, to avoid

accompanying them by any engagements which shall oblige the

contracting parties to support those stipulations by arms.

ELIAS BOUDINOT, _President_.

* * * * *

DAVID HARTLEY TO THE COMMISSIONERS.

Paris, June 14th, 1783.

Gentlemen,

Permit me to address the enclosed Memorial to your Excellencies, and

to explain to you my reasons for so doing.

It is because many consequences, now at a great distance, and

unforeseen by us, may arise between our two countries, perhaps from

very minute and incidental transactions, which in their beginnings may

be imperceptible and unsuspected as to their future effects. Our

respective territories are in vicinity, and therefore we must be

inseparable. Great Britain, with the British power in America, is the

only nation with whom, by absolute necessity, you must have the most

intimate concerns, either of friendship or hostility. All other

nations are three thousand miles distant from you. You _may_ have

political connexions with any of these distant nations, but with

regard to Great Britain it _must_ be so. Political intercourse and

interests will obtrude themselves between our two countries, because

they are the two great powers dividing the continent of North America.

These matters are not to come into discussion between us now. They are

of too much importance, either to be involved, or even glanced at, in

any present transaction.

Let every eventual principle be kept untouched, until the two nations

shall have recovered from the animosities of the war. Let them have a

pacific interval, to consider deliberately of their mutual and

combined interests, and of their engagements with other nations. Let

us not, at the outset of a temporary convention, adopt the severe

principle of reducing every transaction between the two countries to

the footing of exact reciprocity alone. Such a principle would cast a

gloom upon conciliatory prospects. America is not restrained from any

conciliation with Great Britain by any treaty with any other power.

The principles of conciliation would be most desirable between Great

Britain and America; and forbearance is the road to conciliation.

After a war of animosities, time should be allowed for recollection.

There are all reasonable appearances of conciliatory dispositions on

all sides, which may be perfected in time. Let us not, therefore, at

such a moment as this, and without the most urgent necessity,

establish a morose principle between us; if it were a decided point

against amity and conciliation, it would be time enough to talk of

partition and strict reciprocity. To presume in favor of conciliation

may help it forward; to presume against it, may destroy that

conciliation, which might otherwise have taken place.

But, in the present case, there is more than reason to presume

conciliation. I think myself happy, that I have it in my power to

assure you, from authority, that it is the fundamental principle of

the British Councils, to establish amity and confidence between Great

Britain and the American States, as a succedaneum for the relation, in

which they formerly stood one to the other. The proof of this

consists, not in words, but in substantial facts. His Britannic

Majesty has been graciously pleased to send orders to his commanders

in North America, for the speedy and complete evacuation of all the

territories of the United States. His Majesty has given orders in

council, on the 14th of the last month, for the admission of American

ships and cargoes into Great Britain; and on the 6th instant, he has

given farther orders, permitting the importation from America of

several articles, which have been usually considered as manufactures.

He has, likewise, provided for the convenience of American merchants,

who may wish to land tobacco in Great Britain for re-exportation. Upon

the same principle, Mr Fox, the Secretary of State, corresponding with

America, has moved for, and received the liberty of the House of

Commons, (_nem. con._) to bring in a bill, that any American

merchants, importing rice into Great Britain, may, upon

re-exportation, draw back the whole duty paid on its first

importation. All these circumstances put together, undoubtedly form

the most indisputable evidence of the disposition, which prevails in

the British Councils to give every facility to the re-establishment of

that intercourse, which must be so beneficial to both nations.

I am ordered to inform you, that his Majesty entirely approves of the

plan of making a temporary convention, for the purpose of restoring

immediate intercourse and commerce, and more particularly for the

purpose of putting off, for a time, the decision of that important

question, how far the British acts of navigation ought to be

sacrificed to commercial considerations, drawn from the peculiar

circumstances of the present crisis; a question, which will require

much deliberation, and very much inquiry, before it can be determined.

I am sure, Gentlemen, you will see and admit the reasonableness of our

proceeding, in such a case, with deliberation and discretion; more

especially, when these acts of prudence do not proceed from any

motives of coolness or reserve towards you. In the meantime, the

temporary convention may proceed upon principles of real and

accommodating reciprocity. For instance, we agree to put you upon a

more favorable footing than any other nation. We do not ask a rigid

reciprocity for this, because we know, by your present subsisting

treaties, it is not in your power to give it to us. We desire only to

be put upon the footing of other nations with you, and, yet, we

consent that you shall be upon a better footing with us than any other

nation.

Thus far, we must be allowed to be giving something more than

reciprocity, and this we do, as I said before, because we are

unwilling to ask what you are unable to give. Surely, it is not

unreasonable, nor more than, from principles of reciprocity, we have a

right to expect that you should imitate our conduct in this

particular, and that you should abstain from asking things, under the

title of exact and literal reciprocity, which, upon the consideration

of our case, you must know that we cannot give. Virtual and

substantial reciprocity we are willing to give; literal reciprocity is

impossible, as much from your engagements, as from our system of

navigation.

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