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.