States having been the primary object of the instructions to our
Ministers respecting the convention of the neutral maritime powers for
maintaining the freedom of commerce, you will observe, that the
necessity of such support is superseded by the treaties lately entered
into for restoring peace. And although Congress approve of the
principles of that convention, as it was founded on the liberal basis
of the maintenance of the rights of neutral nations, and of the
privileges of commerce, yet they are unwilling at this juncture, to
become a party to a confederacy which may hereafter too far complicate
the interests of the United States with the politics of Europe; and,
therefore, if such a progress is not already made in this business as
may render it dishonorable to recede, it is the desire of Congress and
their instruction to each of the Ministers of the United States at the
respective Courts in Europe, that no further measures be taken at
present towards the admission of the United States into that
confederacy.
6thly. The Ministers of these States for negotiating a peace with
Great Britain are hereby instructed, authorised and directed, to urge
forward the definitive treaty to a speedy conclusion; and unless there
shall be an immediate prospect of obtaining articles or explanations
beneficial to the United States, in addition to the Provisional
Articles, that they shall agree to adopt the Provisional Articles as
the substance of a definitive treaty of peace.
7thly. The Minister or Ministers of these United States for
negotiating a peace are hereby instructed to negotiate an explanation
of the following paragraph of the declaration acceded to by them on
the 20th of January, 1783, relative to captures, viz. "that the term
should be one month from the Channel and North Sea as far as the
Canary Islands, inclusively, whether in the ocean or the
Mediterranean."
8thly. Mr Jay is hereby authorised to direct Mr Carmichael to repair
to Paris, should Mr Jay be of opinion that the interest of the United
States at the Court of Madrid may not be injured by Mr Carmichael's
absence; and that Mr Carmichael carry with him the books and vouchers
necessary to make a final and complete settlement of the accounts of
public moneys which have passed through the hands of Mr Jay and
himself; and that Mr Barclay attend Mr Jay and Mr Carmichael to adjust
those accounts.
9thly. Mr Jay has leave to go to Bath, should he find it necessary for
the benefit of his health.
* * * * *
RATIFICATION OF THE DEFINITIVE TREATY BY CONGRESS.
Know ye, that we, the United States in Congress assembled, having seen
and considered the Definitive Articles aforesaid, (meaning the treaty
signed by the Commissioners in Paris, on the 30th of November, 1782,)
have approved, ratified, and confirmed, and by these presents do
approve, ratify, and confirm the said Articles, and every part and
clause thereof, engaging and promising, that we will sincerely and
faithfully perform and observe the same, and never suffer them to be
violated by any one, or transgressed in any manner, as far as lies in
our power.
In testimony whereof, we have caused the seal of the United States to
be hereunto affixed. Witness, his Excellency THOMAS MIFFLIN,
President, this fourteenth day of January, in the year of our Lord,
one thousand seven hundred and eighty four, and in the eighth year of
the sovereignty and independence of the United States of America.
* * * * *
PROCLAMATION OF CONGRESS RESPECTING THE DEFINITIVE TREATY.
By the United States in Congress assembled,
A PROCLAMATION.
Whereas Definitive Articles of peace and friendship between the United
States of America and his Britannic Majesty, were concluded and signed
at Paris, on the third day of September, one thousand seven hundred
and eightythree, by the Plenipotentiaries of the said United States
and of his said Britannic Majesty, duly and respectively authorised
for that purpose; which Definitive Articles are in the words
following; [Here follows the treaty.]
And we, the United States in Congress assembled, having seen and duly
considered the Definitive Articles aforesaid, did, by a certain act
under the seal of the United States, bearing date this 14th day of
January, 1784, approve, ratify, and confirm the same, and every part
and clause thereof, engaging and promising, that we would sincerely
and faithfully perform and observe the same, and never suffer them to
be violated by any one, or transgressed in any manner, as far as
should be in our power; and being sincerely disposed to carry the said
Articles into execution, truly, honestly, and with good faith,
according to the intent and meaning thereof, we have thought proper by
these presents, to notify the premises to all the good citizens of the
United States, hereby requiring and enjoining all bodies of
magistracy, legislative, executive, and judiciary, all persons bearing
office, civil or military, of whatever rank, degree, and powers, and
all others the good citizens of these States, of every vocation and
condition, that reverencing those stipulations entered into on their
behalf, under the authority of that federal bond, by which their
existence as an independent people is bound up together, and is known
and acknowledged by the nations of the world, and with that good
faith, which is every man's surest guide, within their several
offices, jurisdictions, and vocations, they carry into effect the said
Definitive Articles, and every clause and sentence thereof, sincerely,
strictly, and completely.
Given under the seal of the United States. Witness, his Excellency
Thomas Mifflin, our President, at Annapolis, this fourteenth day of
January, in the year of our Lord, one thousand seven hundred and
eightyfour, and of the sovereignty and independence of the United
States of America, the eighth.
* * *
Resolved, unanimously, nine States being present, that it be, and it
is hereby earnestly recommended to the legislatures of the respective
States, to provide for the restitution of all estates, rights, and
properties, which have been confiscated, belonging to real British
subjects; and also of the estates, rights, and properties of persons
resident in districts, which were in the possession of his Britannic
Majesty's arms, at any time between the thirtieth day of November,
1782, and the 14th day of January, 1784, and who have not borne arms
against the said United States; and that persons of any other
description shall have free liberty to go to any part or parts of any
of the Thirteen United States, and therein to remain twelve months
unmolested in their endeavors to obtain the restitution of such of
their estates, rights, and properties, as may have been confiscated;
and it is also hereby earnestly recommended to the several States, to
reconsider and revise all their acts or laws regarding the premises,
so as to render the said laws or acts perfectly consistent, not only
with justice and equity, but with that spirit of conciliation, which,
on the return of the blessings of peace, should universally prevail;
and it is hereby also earnestly recommended to the several States,
that the estates, rights, and properties of such last mentioned
persons should be restored to them, they refunding to any persons who
may be now in possession, the _bona fide_ price, (where any has been
given) which such persons may have paid on purchasing any of the said
lands, rights, or properties since the confiscation.
Ordered, That a copy of the Proclamation of this date, together with
the recommendation, be transmitted to the several States by the
Secretary.
* * * * *
RATIFICATION OF THE DEFINITIVE TREATY BY GREAT BRITAIN.
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, &c. To
all to whom these presents shall come, Greeting.
Whereas a definitive treaty of peace and friendship, between us and
our good friends, the United Stales of America, viz. New Hampshire,
Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia, was concluded
and signed at Paris, the 3d day of September last, by the
Plenipotentiaries of us, and our said good friends, duly and
respectively authorised for that purpose, which definitive treaty is
in the form and words following; [Here follows the treaty.]
We, having seen and considered the definitive treaty aforesaid, have
approved, ratified, accepted, and confirmed it, in all and every one
of its Articles and clauses, as we do by these presents, for ourself,
our heirs and successors, approve, ratify, accept, and confirm the
same, engaging and promising, upon our royal word, that we will
sincerely and faithfully perform and observe all and singular the
things which are contained in the aforesaid treaty, and that we will
never suffer it to be violated by any one, or transgressed in any
manner, as far as it lies in our power. For the greater testimony and
validity of all which, we have caused our great seal of Great Britain
to be affixed to these presents, which we have signed with our royal
hand.
Given at the Court of St James, the ninth day of April, one thousand
seven hundred and eightyfour, in the twentyfourth year of our reign.
GEORGE R.
THE
CORRESPONDENCE
OF
CONRAD ALEXANDER GERARD;
MINISTER PLENIPOTENTIARY FROM THE COURT OF FRANCE TO THE UNITED
STATES.
Conrad Alexander Gerard was the first Minister from any foreign Court
to the United States. When the American Commissioners went to Paris,
in the year 1776, he was principal Secretary to the Council of State,
and on terms of the strictest intimacy and confidence with Count de
Vergennes, the Minister of Foreign Affairs. Under the auspices of that
Minister, and in concert with him, M. Gerard early took a strong
interest in the concerns of the United States, and abetted the cause
of their independence. He negotiated, on the part of the French
government, the first treaties of alliance and commerce with the
United States, signed on the 6th of February, 1778, by him for one of
the contracting parties, and by Franklin, Deane, and Lee for the
other.
His knowledge of American affairs, and his general ability, pointed
him out as the most suitable person to represent the French Court as
Minister to Congress. He came over to this country in the fleet with
Count d'Estaing and arrived in Philadelphia about the middle of July,
1778. After discharging the duties of a Minister Plenipotentiary for
more than a year, in a manner highly acceptable to Congress and the
whole country, as well as to his own government, he asked his recall,
and took his final leave of Congress on the 17th of September, 1779.
He returned to Europe in the same vessel, which took out Mr Jay as
Minister Plenipotentiary to the Court of Spain.
THE
CORRESPONDENCE
OF
CONRAD ALEXANDER GERARD;
MINISTER FROM FRANCE.
* * * * *
LETTER FROM THE KING OF FRANCE TO CONGRESS.
Very dear and great Friends and Allies,
The treaties which we have signed with you in consequence of the
propositions made to us on your part, by your deputies, are a certain
guarantee to you of our affection for the United States in general,
and for each one of them individually, as well as of the interest
which we take, and shall always continue to take, in their happiness
and prosperity. In order to convince you of this in a more particular
manner, we have appointed M. Gerard, Secretary of our Council of
State, to reside near you in quality of our Minister Plenipotentiary.
He is the better acquainted with the sentiments which we entertain
towards you, and is the more able to answer for them to you, as he has
been intrusted on our part with negotiating with your deputies, and as
he has signed with them the treaties which cement our union, we
request you to give full credit to all that he shall say to you on our
part, particularly when he shall assure you of our affection and of
our constant friendship for you. Moreover, we pray God, that he will
have you, very dear and great Friends and Allies, under his holy and
worthy protection.
Written at Versailles, the 28th of March, 1778.
Your good Friend and Ally,
LOUIS.
* * * * *
APPOINTMENT OF CONSUL-GENERAL OF FRANCE IN THE UNITED STATES.
Louis, by the Grace of God, King of France and Navarre, to all those
to whom these presents shall come, Greeting.
Thinking it necessary to create the office of our Consul-General at
Boston, and other ports belonging to the United States of North
America, and being desirous to confer a favor on M. Gerard, we have
thought that we could not make choice of a better person than he, to
fulfil the duties of this office, by our knowledge of his zeal and
affection for our service and for the interests of our subjects, and
of his judgment and ability in naval affairs; for these reasons, and
others moving us thereto, we have nominated and appointed the said M.
Gerard, and by these presents signed with our hand, do nominate and
appoint him our Consul-General at Boston, and other ports belonging to
the United States of North America, with power to appoint consuls and
vice-consuls in the places where he shall judge them necessary; to
have and to hold the said office, to exercise, enjoy, and use it, so
long as it shall please us, with the honors, authorities, advantages,
prerogatives, privileges, exemptions, rights, benefits, profits,
revenues, and emoluments which belong to it, such, and the same as
those which our other Consuls-General enjoy. We prohibit all French
merchants, and all persons sailing under the French flag, from
disturbing him in the possession, duties and exercise of this
consulate. We enjoin on all captains, masters and commanders of ships,
barks and other vessels, armed and sailing under the said flag, as
well as on all our other subjects, to acknowledge the said M. Gerard,
and to obey him in this capacity. We pray and request our very dear
and great Friends and Allies, the Congress of the United States of
North America, their governors and other officers whom it shall
concern, to allow the said M. Gerard, and the consuls and vice-consuls
whom he shall appoint to the said office, to possess it fully and
peaceably, without causing, or allowing to be caused to them, any
disturbance or hinderance; but on the contrary to give them all favor
and assistance; offering to do the same for all those who shall be
thus recommended to us on their part. In witness whereof we have
caused our privy seal to be affixed to these presents.
Given at Versailles, the twentyeighth day of March, in the year of our
Lord one thousand seven hundred and seventyeight, and of our reign the
fifth.
LOUIS.
* * * * *
THE KING OF FRANCE TO CONGRESS.
Very dear and great Friends and Allies,
You will learn, undoubtedly, with gratitude, the measure, which the
conduct of the King of Great Britain has induced us to take, of
sending a fleet to endeavor to destroy the English forces upon the
shores of North America. This expedition will convince you of the
eagerness and the vigor, which we are resolved to bring to the
execution of the engagements, which we have contracted with you. We
are firmly persuaded, that your fidelity to the obligations, which
your Plenipotentiaries have contracted in your name, will animate more
and more the efforts, which you are making with so much courage and
perseverance.
The Count d'Estaing, Vice-Admiral of France, is charged to concert
with you the operations, the conduct of which we have intrusted to
him, in order that the combination of measures on each side may render
them as advantageous to the common cause as circumstances will permit.
We entreat you to give full credit to everything, which he shall
communicate to you on our part, and to place confidence in his zeal
and in his talents.
Moreover, we pray God, that he will have you, very dear and great
Friends and Allies, under his holy protection.
Written at Versailles, the twentyeighth day of March, in the year of
our Lord, one thousand seven hundred and seventyeight.
LOUIS.
* * * * *
COUNT D'ESTAING TO THE PRESIDENT OF CONGRESS.
At Sea, July 8th, 1778.
Sir,
I have the honor of informing your Excellency, and by you of giving
notice to Congress, of the arrival of the squadron of the King upon
the shores of the United States of America.
Honored with full powers from the King to treat with Congress, I have
the honor, Sir, of sending to your Excellency the copy of my
credentials relating to this subject, the honor of presenting them
myself; my desire to wait upon the respectable representatives of a
free nation, my eagerness to reverence in them the noble qualities of
wisdom and firmness, which distinguish them, virtues which all Europe
admires and which France loves, are a happiness, which can be delayed
only by my desire to render myself worthy of the favors of the United
States, while I begin by performing the duties, which circumstances
and my military functions impose upon me; I hope that they will serve
as my excuse, and that your Excellency will have the kindness to offer
them as such to Congress.
I have the honor of writing to his Excellency, General Washington, and
shall have that of sending to his head quarters two officers in
succession, in order to offer to him to combine my movements with his
own. The merited reputation, which so great a soldier has so justly
acquired, does not allow me to doubt that he is convinced better than
any one else of the value of the first movements. I hope that the
authority vested in him by Congress, has allowed him the liberty of
taking advantage of them, and that we shall be able immediately, and
without any delay, to act in concert for the benefit of the common
cause; which seemed to me to require, that the orders of Congress
should remove as speedily as possible, the legal difficulties, of
which, perhaps, there are none.
Monsieur de Chouin, Major of infantry, and relation of M. de Sartine,
is charged with delivering this letter to your Excellency; he is one
of the officers whom I send to General Washington.
The readiness with which his Excellency, M. Gerard, Minister
Plenipotentiary of the King, is hastening to take up his residence
near Congress, and there to display the character with which his
Majesty has invested him, will prevent all the delays, which my
distance might occasion with regard to the military agreements. I have
the honor of assuring your Excellency, that I shall make it my duty
and pleasure to execute everything that M. Gerard shall promise. The
promises, which he will make to you, will need no other ratifications
on my part than those, which my physical force demands, and which the
nature of the profession makes necessarily to depend upon the military
or naval force, which is in operation.
A Minister so happy as to have had the glory of signing the treaty,
which unites two powers whose interests are so intimately connected,
will preserve the most important influence upon my further designs.
The escort, which conducts him, that by which the King sends back to
the United States his Excellency, Silas Deane, is, undoubtedly, the
most brilliant which has ever accompanied Ambassadors. I dare hope
that it will prove useful to the mutual interest of the two nations.
That will be the happiest moment of my life, in which I shall be able
to contribute to it in anything. I shall, at the same time fulfil my
duty, as an officer charged with the orders of his Majesty, and I
shall satisfy my principles and my inclination as an individual.
I have the honor to be, &c.
ESTAING.
_P. S._ Permit me to recommend to the favor of Congress, Messrs John
Nicholson, Elias Johnson, and Henry Johnson. Mr Nicholson preserved
the ship Tonnant, which is the second in the squadron, and Mr Elias
Johnson conducted himself with the greatest zeal and the greatest
bravery on board the frigate Engageante, in the engagement in which
she took the privateer Rose, in the Chesapeake Bay.
* * * * *
RESOLVES OF CONGRESS RESPECTING THE COUNT D'ESTAING'S LETTER,
AND THE RECEPTION OF M. GERARD.
In Congress, July 11th, 1778.
Resolved, that General Washington be informed by the President, that
it is the desire of Congress, that he co-operate with the Count
d'Estaing, commander of a French squadron now on the coast of North
America, and proceeding to New York, in the execution of such
offensive operations against the enemy as they shall mutually approve.
His Most Christian Majesty, the King of France, having thought proper
to send on the coasts a powerful fleet, in order to co-operate with
the forces of these States in the reduction of the British army and
navy, Resolved, that General Washington be impowered to call on the
States of New Hampshire, Massachusetts Bay, Connecticut, Rhode Island,
New York, New Jersey, or such of them as he shall judge proper, for
such aids of their militia as he shall think requisite for carrying on
his operations, in concert with Count d'Estaing, commander of the
French fleet; and that it be earnestly recommended to the
abovementioned, to exert themselves in forwarding the force, which may
be required of them with the utmost despatch.
Resolved, that the Marine Committee be directed to order the
Commissioners of the navy to the eastward, to fit out as many
continental frigates and armed vessels as possible, with the utmost
despatch, to join the French squadron in their operations against the
enemy.
Ordered, that the Board of War take measures for providing a suitable
house for the accommodation of M. Gerard; and that they give the
necessary orders for receiving M. Gerard with proper honor on his
arrival.
Resolved, that a committee of five be appointed to wait on M. Gerard
on his arrival, and conduct him to his lodgings.
The members chosen, Mr Hancock, Mr Lee, Mr Drayton, Mr Roberdeau, and
Mr Duer.
Next morning the committee went to Chester to meet M. Gerard, who
received them on board the frigate. In going on board they were
saluted with fifteen guns. They then went on shore and waited on him
to Philadelphia, and conducted him to General Arnold's head quarters,
where a dinner was provided for him and his suit, and a number of the
members of Congress. Before dinner he waited on the President.
On Tuesday he delivered to the President sundry papers to be laid
before Congress,[23] desiring to know in what capacity Congress were
willing to receive him; whether as Minister Plenipotentiary or
resident, intimating, that in whatever quality he was received, it
would be expected, that the Commissioners from the States at the Court
of France should be vested with the same.
FOOTNOTE:
[23] Letters from the King, and notes of M. Gerard.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 14th, 1778.
Sir,
His Excellency, the Count d'Estaing, Vice-Admiral of France, commander
of the squadron of the King, being desirous to procure for the armed
vessels, whether public or private, of the United States, the means of
availing themselves of the operations of this squadron, in order to
take prizes from the common enemy, the undersigned has the honor to
inform Congress, that all their armed vessels will enjoy the most
extended protection of the squadron of his Most Christian Majesty, and
that the prizes which they may be able to take will belong entirely to
them. He leaves it to the wisdom of Congress to fix upon the means of
deriving from this arrangement, the advantage of which it is
susceptible. The American vessels, which shall apply to his Excellency
the Vice-Admiral, will receive the signals which will be necessary;
and the undersigned will successively communicate them to Congress,
that information of them may be given to those who shall sail from the
ports. He relies on the prudence of Congress in relation to the
measures necessary to ensure success in this matter.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 14th, 1778.
Sir,