* * * * *

DAVID HARTLEY TO THE COMMISSIONERS.

Paris, August, 29th, 1783.

Gentlemen,

As the day is now fixed for the signatures of the definitive treaties,

between Great Britain, France, and Spain, I beg leave to inform your

Excellencies, that I am ready to sign the definitive treaty, between

Great Britain and the United States of America, whenever it shall be

convenient to you. I beg the favor, therefore, of you to fix the day.

My instructions confine me to Paris, as the place appointed to me for

the exercise of my functions, and, therefore, whatever day you may fix

upon for the signature, I shall hope to receive the honor of your

company at the _Hotel de York_.

I am, Gentlemen, with the greatest respect, yours, &c.

DAVID HARTLEY.

* * * * *

TO DAVID HARTLEY.

Passy, August 30th, 1783.

The American Ministers Plenipotentiary for making peace with Great

Britain, present their compliments to Mr Hartley. They regret that Mr

Hartley's instructions will not permit him to sign the definitive

treaty of peace with America at the place appointed for the signature

of the others. They will, nevertheless, have the honor of waiting upon

Mr Hartley at his lodgings at Paris, for the purpose of signing the

treaty in question, on Wednesday morning at eight o'clock.

* * * * *

DAVID HARTLEY TO THE COMMISSIONERS.

Paris, September 4th, 1783.

Gentlemen,

It is with the sincerest pleasure that I congratulate you on the happy

event which took place yesterday, viz.; the signature of the

definitive treaty between our two countries. I considered it as the

auspicious presage of returning confidence, and of the future

intercourse of all good offices between us. I doubt not that our two

countries will entertain the same sentiments, and that they will

behold with satisfaction the period which terminates the memory of

their late unhappy dissensions, and which leads to the renewal of all

the ancient ties of amity and peace. I can assure you, that his

Britannic Majesty and his confidential servants entertain the

strongest desire of a cordial good understanding with the United

States of America. And that nothing may be wanting on our parts to

perfect the great work of pacification, I shall propose to you in a

very short time, to renew the discussion of those points of amity and

intercourse which have been lately suspended, to make way for the

signature of the treaties between all the late belligerent powers,

which took place yesterday.

We have now the fairest prospects before us, and an unembarrassed

field for the exercise of every beneficent disposition, and for the

accomplishment of every object of reciprocal advantage between us. Let

us, then, join our hearts and hands together in one common cause for

the reunion of all our ancient affections and common interests.[16]

I am, Gentlemen, &c.

DAVID HARTLEY.

FOOTNOTE:

[16] As the definitive treaty was an exact copy of the Provisional

Articles (see above, p. 109) it is here omitted.

* * * * *

B. FRANKLIN TO CHARLES FOX.

Passy, September 5th, 1783.

Sir,

I received in its time the letter you did me the honor of writing to

me by Mr Hartley; and I cannot let him depart without expressing my

satisfaction in his conduct towards us, and applauding the prudence of

that choice, which sent us a man possessed of such a spirit of

conciliation, and of all that frankness, sincerity, and candor, which

naturally produce confidence, and thereby facilitate the most

difficult negotiations. Our countries are now happily at peace, on

which I congratulate you most cordially; and I beg you to be assured,

that as long as I have any concern in public affairs, I shall readily

and heartily concur with you in promoting every measure that may tend

to promote the common felicity.

With great and sincere esteem and respect, I have the honor to be, &c.

B. FRANKLIN.

* * * * *

TO DAVID HARTLEY.

Passy, September 5th, 1783.

Sir,

We have received the letter you did us the honor to write yesterday.

Your friendly congratulations on the signature of the definitive

treaty meet with cordial returns on our part; and we sincerely rejoice

with you on that event, by which the Ruler of nations has been

graciously pleased to give peace to our two countries.

We are no less ready to join our endeavors than our wishes with yours,

to concert such measures for regulating the future intercourse between

Great Britain and the United States, as, by being consistent with the

honor and interests of both, may tend to increase and perpetuate

mutual confidence and good will.

We ought, nevertheless, to apprize you, that as no construction of our

commission could at any period extend it, unless by implication, to

several of the proposed stipulations; and as our instructions

respecting commercial provisions, however explicit, suppose their

being incorporated in the definitive treaty, a recurrence to Congress

previous to the signature of them will be necessary, unless obviated

by the despatches we may sooner receive from them.

We shall immediately write to them on the subject, and we are

persuaded that the same disposition to confidence and friendship,

which has induced them already to give unrestrained course to British

commerce and unconditionally to liberate all prisoners at a time when

more caution would not have appeared singular, will also urge their

attention to the objects in question, and lead them to every proper

measure for promoting a liberal and satisfactory intercourse between

the two countries.

We have communicated to Congress the repeated friendly assurances with

which you have officially honored us on these subjects, and we are

persuaded that the period of their being realized will have an

auspicious and conciliating influence on all the parties in the late

unhappy dissensions.

We have the honor to be, &c.

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

* * * * *

TO DAVID HARTLEY.

Passy, September 7th, 1783.

Sir,

We have the honor of transmitting, herewith enclosed an extract of a

resolution of Congress of the 1st of May last, which we have just

received.

You will perceive from it, that we may daily expect a commission in

due form, for the purposes mentioned in it; and we assure you of our

readiness to enter upon the business whenever you may think

proper.[17]

We have the honor to be, &c.

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

FOOTNOTE:

[17] _In Congress, May 1st, 1783._ On the report of a committee to

whom was referred a letter of February 5th, from the honorable John

Adams,

"Ordered, That a commission be prepared to Messrs John Adams, Benjamin

Franklin and John Jay, authorising them, or either of them in the

absence of the others, to enter into a treaty of commerce between the

United States of America and Great Britain, subject to the revisal of

the contracting parties, previous to its final conclusion, and in the

meantime to enter into a commercial convention, to continue in force

one year.

"That the Secretary of Foreign Affairs lay before Congress, without

delay, a plan of a treaty of commerce, and instructions relative to

the same, to be transmitted to the said commissioners."

* * * * *

TO THE PRESIDENT OF CONGRESS.

Passy, September 10th, 1783.

Sir,

On the 3d instant definitive treaties of peace were concluded between

all the late belligerent powers, except the Dutch, who the day before

settled and signed preliminary articles of peace with Britain.

We most sincerely and cordially congratulate Congress and our country

in general on this happy event; and we hope, that the same kind

providence, which has led us through a rigorous war to an honorable

peace, will enable us to make a wise and moderate use of that

inestimable blessing.

We have communicated a duplicate original of the treaty to the care of

Mr Thaxter, who will go immediately to L'Orient, whence he will sail

in the French packet to New York. That gentleman left America with Mr

Adams as his private Secretary, and his conduct having been perfectly

satisfactory to that Minister, we join in recommending him to the

attention of Congress. We have ordered Mr Grand to pay him one hundred

and thirty louis d'ors, on account of the reasonable expenses to be

incurred by his mission to Congress, and his journey from thence to

his family at Hingham, in the Massachusetts Bay. For the disposition

of the money he is to account. The definitive treaty being in the

terms of the Provisional Articles, and not comprehending any of the

objects of our subsequent negotiations, it is proper that we give a

summary account of them.

When Mr Hartley arrived here, he brought with him only a set of

instructions, signed by the King. We objected to proceeding with him

until he should have a commission in form. This occasioned some delay.

A proper commission was, however, transmitted to him, a copy of which

was shortly after sent to Mr Livingston.

We having been instructed to obtain, if possible, an Article for a

direct trade to the West Indies, made to Mr Hartley the proposition

No. 1.[18]

He approved of it greatly, and recommended it to his Court, but they

declined assenting to it.

Mr Hartley then made us the proposition No. 2;[19] but being asked,

whether he was authorised to sign it, in case we agreed to it, he

answered in the negative. We, therefore, thought it improper to

proceed to the consideration of it, until after he should have

obtained the consent of his Court to it. We also desired to be

informed, whether his Court would, or would not, comprehend Ireland in

their stipulations with us.

The British Cabinet would not adopt Mr Hartley's propositions, but

their letters to him were calculated to inspire us with expectations,

that as nothing but particular local circumstances, which would

probably not be of long duration, restrained them from preferring the

most liberal system of commerce with us, the Ministry would take the

earliest opportunity of gratifying their own wishes, as well as ours,

on that subject.

Mr Hartley then made us the propositions No. 3.[20] At this time, we

were informed, that letters for us had arrived in France from

Philadelphia; we expected to receive instructions in them, and told Mr

Hartley, that this expectation induced us to postpone giving him an

answer for a few days.

The vessel by which we expected these letters, it seems had not

brought any for us. But at that time information arrived from America,

that our ports were all opened to British vessels. Mr Hartley

thereupon did not think himself at liberty to proceed, until after he

should communicate that intelligence to his Court and receive their

further instructions.

Those further instructions never came; and thus our endeavors as to

commercial regulations proved fruitless. We had many conferences, and

received long Memorials from Mr Hartley on the subject; but his zeal

for systems friendly to us, constantly exceeded his authority to

concert and agree to them.

During the long interval of his expecting instructions, for his

expectations were permitted to exist almost to the last, we proceeded

to make and receive propositions for perfecting the definitive treaty.

Details of all the amendments, alterations, objections, expectations,

&c. which occurred in the course of these discussions, would be

voluminous. We finally agreed that he should send to his Court the

project or draft of a treaty, No. 4.[21] He did so, but after much

time, and when pressed by France, who insisted that we should all

conclude together, he was instructed to sign a definitive treaty in

the terms of the Provisional Articles.

Whether the British Court meant to avoid a definitive treaty with us,

through a vain hope, from the exaggerated accounts of divisions among

our people, and want of authority in Congress, that some revolution

might soon happen in their favor; or whether their dilatory conduct

was caused by the strife of the two opposite and nearly equal parties

in the Cabinet, is hard to decide.

Your Excellency will observe, that the treaty was signed at Paris, and

not at Versailles. Mr Hartley's letter of August 29th, and our answer,

will explain this. His objections, and indeed our proceedings in

general, were communicated to the French Minister, who was content

that we should acquiesce, but desired that we would appoint the

signing early in the morning, and give him an account of it at

Versailles by express, for that he would not proceed to sign on the

part of France, till he was sure that our business was done.

The day after the signature of the treaty, Mr Hartley wrote us a

congratulatory letter, to which we replied.

He has gone to England, and expects soon to return, which for our

parts we think uncertain. We have taken care to speak to him in strong

terms, on the subject of the evacuation of New York, and the other

important subjects proper to be mentioned to him. We think we may rely

on his doing everything in his power to influence his Court to do what

they ought to do; but it does not appear, that they have as yet

formed any settled system for their conduct relative to the United

States. We cannot but think, that the late and present aspect of

affairs in America, has had and continues to have, an unfavorable

influence, not only in Britain but throughout Europe.

In whatever light the Article respecting the tories may be viewed in

America, it is considered in Europe as very humiliating to Britain,

and therefore as being one, which we ought in honor to perform and

fulfil with the most scrupulous regard to good faith, and in a manner

least offensive to the feelings of the King and Court of Great

Britain, who upon that point are extremely tender.

The unseasonable and unnecessary resolves of various towns on this

subject, the actual expulsion of tories from some places, and the

avowed implacability of almost all who have published their sentiments

about the matter, are circumstances, which are construed, not only to

the prejudice of our national magnanimity and good faith, but also to

the prejudice of our governments.

Popular committees are considered here, as with us, in the light of

substitutes to constitutional government, and as being only necessary

in the interval between the removal of the former and the

establishment of the present.

The constitutions of the different States have been translated and

published, and pains have been taken to lead Europe to believe, that

the American States, not only made their own laws, but obeyed them.

But the continuance of popular assemblies, convened expressly to

deliberate on matters proper only for the cognizance of the different

legislatures and officers of government, and their proceeding not only

to ordain, but to enforce their resolutions, has exceedingly lessened

the dignity of the States in the eyes of these nations.

To this we may also add, that the situation of the army, the

reluctance of the people to pay taxes, and the circumstances under

which Congress removed from Philadelphia, have diminished the

admiration, in which the people of America were held among the nations

of Europe, and somewhat abated their ardor for forming connexions with

us, before our affairs acquire a greater degree of order and

consistence.

Permit us to observe, that in our opinion, the recommendation of

Congress, promised in the fifth Article, should immediately be made in

the terms of it, and published, and that the States should be

requested to take it into consideration, as soon as the evacuation by

the enemy shall be completed. It is also much to be wished, that the

legislatures may not involve all the tories in banishment and ruin,

but that such discrimination may be made, as to entitle the decisions

to the approbation of disinterested men and dispassionate posterity.

On the 7th instant we received your Excellency's letter of the 16th of

June last, covering a resolution of Congress of the 1st of May,

directing a commission to us for making a treaty of commerce, &c. with

Great Britain. This intelligence arrived very opportunely to prevent

the anti-American party in England from ascribing any delays, on our

part, to motives of resentment to that country. Great Britain will

send a Minister to Congress, as soon as Congress shall send a Minister

to Britain, and we think much good might result from that measure.

The information of M. Dumas, that we encouraged the idea of entering

into engagements with the Dutch, to defend the freedom of trade, was

not well founded. Our sentiments on that subject exactly correspond

with those of Congress; nor did we even think or pretend, that we had

authority to adopt any such measures.

We have reason to think that the Emperor, and Russia, and other

commercial nations, are ready to make treaties of commerce with the

United States. Perhaps it might not be improper for Congress to

direct, that their disposition on the subject be communicated to those

Courts, and thereby prepare the way for such treaties.

The Emperor of Morocco has manifested a very friendly disposition

towards us. He expects, and is ready to receive a Minister from us;

and as he may either change his mind, or may be succeeded by a prince

differently disposed, a treaty with him may be of importance. Our

trade to the Mediterranean will not be inconsiderable, and the

friendship of Morocco, Algiers, Tunis, and Tripoli may become very

interesting, in case the Russians should succeed in their endeavors to

navigate freely into it by Constantinople.

Much, we think, will depend on the success of our negotiations with

England. If she should be prevailed upon to agree to a liberal system

of commerce, France, and perhaps some other nations, will follow her

example; but if she should prefer an exclusive, monopolizing plan, it

is probable that her neighbors will continue to adhere to their

favorite restrictions.

Were it certain that the United States could be brought to act as a

nation, and would jointly and fairly conduct their commerce on

principles of exact reciprocity with all nations, we think it probable

that Britain would make extensive concessions. But, on the contrary,

while the prospect of disunion in our councils, or want of power and

energy in our executive departments exist, they will not be

apprehensive of retaliation, and consequently lose their principal

motive to liberty. Unless, with respect to all foreign nations and

transactions, we uniformly act as an entire united nation, faithfully

executing and obeying the constitutional acts of Congress on those

subjects, we shall soon find ourselves in the situation in which all

Europe wishes to see us, viz. as unimportant consumers of her

manufactures and productions, and as useful laborers to furnish her

with raw materials.

We beg leave to assure Congress that we shall apply our best endeavors

to execute this new commission to their satisfaction, and shall

punctually obey such instructions as they may be pleased to give us

relative to it. Unless Congress have nominated a Secretary to that

commission, we shall consider ourselves at liberty to appoint one; and

as we are satisfied with the conduct of Mr Franklin, the Secretary to

our late commission, we propose to appoint him, leaving it to Congress

to make such compensation for his services as they may judge proper.

Count de Vergennes communicated to us a proposition, viz. herewith

enclosed,[22] for explaining the 2d and 3d Articles of our treaty with

France in a manner different from the sense in which we understand

them. This being a matter in which we have no right to interfere, we

have not expressed any opinion about it to the Court.

With great respect, we have the honor to be, Sir, your Excellency's

most obedient and most humble servants,

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

FOOTNOTES:

[18] See Mr Adams's proposed agreement, above, p. 151.

[19] See Mr Hartley's proposed agreement, p. 154.

[20] Above, p. 182.

[21] See above, p. 195.

[22] See above, p. 146.

* * * * *

FROM CONGRESS TO THE COMMISSIONERS.

October 29th, 1783.

By the United States in Congress assembled.

To the Commissioners of the United States of America at the Court

of Versailles, empowered to negotiate a peace, or to any one or

more of them;

1st. You are instructed and authorised to announce to his Imperial

Majesty the Emperor of Germany, or to his Ministers, the high sense

which the United States in Congress assembled entertain of his exalted

character and eminent virtues, and their earnest desire to cultivate

his friendship, and to enter into a treaty of amity and commerce for

the mutual advantage of the subjects of his Imperial Majesty, and the

citizens of these United States.

2dly. You are instructed to meet the advances and encourage the

disposition of the other commercial powers in Europe for entering into

treaties of amity and commerce with these United States. In

negotiations on this subject, you will lay it down as a principle in

no case to be deviated from, that they shall respectively have for

their basis the mutual advantage of the contracting parties on terms

of the most perfect equality and reciprocity, and not to be repugnant

to any of the treaties already entered into by the United States with

France and other foreign powers. That such treaties shall, in the

first instance, be proposed for a term not exceeding fifteen years,

and shall not be finally conclusive until they shall respectively have

been transmitted to the United States in Congress assembled, for their

examination and final direction; and that, with the drafts or

propositions for such treaties, shall be transmitted all the

information which shall come within the knowledge of the said

Ministers respecting the same; and their observations after the most

mature inquiry on the probable advantages or disadvantages and effects

of such treaties respectively.

3dly. You are instructed to continue to press upon the Ministers of

his Danish Majesty the justice of causing satisfaction to be made for

the value of the ships and goods captured by the Alliance frigate and

sent into Bergen, and how essentially it concerns the honor of the

United States that their gallant citizens should not be deprived of

any part of those prizes, which they had so justly acquired by their

valor. That as far as Congress have been informed, the estimate of

those prizes at fifty thousand pounds sterling is not immoderate; that

no more however is desired than their true value, after every

deduction which shall be thought equitable. That Congress have a

sincere disposition to cultivate the friendship of his Danish Majesty,

and to promote a commercial intercourse between his subjects and the

citizens of the United States, on terms which shall promise mutual

advantage to both nations. That it is therefore the wish of Congress,

that this claim should still be referred to the equitable disposition

of his Danish Majesty, in full confidence that the reasonable

expectations of the parties interested will be fully answered;

accordingly you are fully authorised and directed, after exerting your

best endeavors to enforce the said claim to the extent it shall appear

to you to be well founded, to make abatements if necessary, and

ultimately to accept such compensation as his Danish Majesty can be

prevailed upon to grant.

4thly. You are further instructed, to inquire and report to Congress

the reasons why the expedition of the Alliance and Bon Homme Richard,

and the squadron which accompanied them, was carried on at the expense

and on account of the Court of France; whether any part of the profit

arising therefrom accrued to the United States; or any of the expense

thereof has been placed to their account; whether the proceeds of any

of the prizes taken in that expedition, and which is due to the

American officers and seamen employed therein, is deposited in Europe;

and what amount, where, and in whose hands.