The Diplomatic Correspondence of the American Revolution, Vol. 10

by Unknown

THE CORRESPONDENCE OF THE COMMISSIONERS FOR NEGOTIATING A PEACE WITH GREAT BRITAIN.

Commission to treat of Peace,

Commission to accept the mediation of the Empress of Russia and the Emperor of Germany,

Instructions to the Commissioners for Peace. In Congress, June 15th, 1781,

The King's warrant for Richard Oswald's first Commission for negotiating Peace,

Richard Oswald's second Commission for negotiating Peace,

Commission to William T. Franklin,

From Benjamin Franklin and John Jay, appointing him Secretary to the Commissioners.

Resolutions of Congress. In Congress, October 3d, 1782,

Declaring their intention to adhere to their alliance with France, and to prosecute the war till the conclusion of a general peace, and their entire confidence in the support of France.

Articles agreed on between the American and British Commissioners. October 8th, 1782,

Richard Oswald to the Commissioners. Paris, November 4th, 1782,

Insisting on the restoration of the property confiscated for attachment to the British cause, and on a general amnesty.

Articles taken to England by Mr Strachey. November 5th, 1782,

H. Strachey to the Commissioners. Paris, November 5th, 1782,

Urging the indemnification of the refugees as indispensable to peace.

To Richard Oswald. Paris, November 5th, 1782,

Restitution of the estates of the refugees is impossible.—Indemnification can only be granted on condition of retribution to American citizens for the destruction of their property during the war.—The amnesty cannot be extended any further.

To H. Strachey. Paris, November 6th, 1782,

Enclosing the preceding letter.

Third set of Articles. November 25th, 1782,

Article proposed and read to the Commissioners, before signing the Preliminary Articles,

Demanding compensation for all the private property seized or destroyed during the war.—Facts in regard to this subject.

To M. de Lafayette. Paris, November 28th, 1782,

Approve of his return to America.

Provisional Articles of Peace,

To Francis Dana at Petersburg. Paris, December 12th, 1782,

Informing him of the signing of the Provisional Articles, and advising the communication of his mission.

To Robert R. Livingston. Paris, December 14th, 1782,

Enclosing a copy of the preliminaries of peace, with remarks on some of the articles.

Resolution of Congress respecting Commercial Stipulations. In Congress, December 31st, 1782,

Instructing the Commissioners to stipulate for a direct commerce between the British dominions and the United States.

English Commissioners' Declaration of the Cessation of Hostilities. Paris, January 20th, 1783,

Signature of the above Declaration by the American Commissioners,

British King's Proclamation, Declaring a Cessation of Arms,

Alleyne Fitzherbert to the Commissioners. Paris, February 18th, 1783,

Enclosing passports for American vessels and the preceding proclamation.

American Commissioners' Declaration of the Cessation of Hostilities,

Robert R. Livingston to the Commissioners. Philadelphia, March 25th, 1783,

General satisfaction with the Preliminary Articles.—Remarks on the 5th Article.—Regrets the signing of the treaty without communication with the French Court, and the concealing of the Separate Article.

Proclamation of Congress, Declaring a Cessation of Arms,

Robert R. Livingston to the Commissioners. Philadelphia, April 21st, 1783,

Proceedings in Congress relative to the ratification of the Provisional Articles.—Points out some ambiguities in the Articles.

Mr Grand to the Commissioners. Paris, May 10th, 1783,

Enclosing a statement of sums for which he is responsible on behalf of the United States.—Difficulty of meeting the payment.

M. de Lafayette to the Commissioners. Paris, May 12th, 1783,

Is requested by the Count de Vergennes to inquire if the Commissioners will conclude the treaty under the mediation of Austria and Russia.

David Hartley's Commission,

An Order of the British Council. At the Court of St James, May 14th, 1783,

Authorising the importation of unmanufactured articles from the United States, and allowing the same privileges on merchandise exported into the United States, as upon those exported to the foreign dominions of Great Britain.

Count de Vergennes' Proposed New Articles,

Interpreting the 2d and 3d Articles of the treaty of commerce of 1778, so as to place the two powers mutually on the footing of the most favored nation.

To Mr Grand. Paris, May 22d, 1783,

Regret that they cannot relieve his difficulties.

Robert R. Livingston to the Commissioners. Philadelphia, May 28th, 1783,

Violation of the Articles of the Provisional Treaty, by the British General sending off slaves.—Complains of want of information from the Commissioners.

Robert R. Livingston to the Commissioners. Philadelphia, May 31st, 1783,

Propositions from Holland.—Congress will be averse to engagements that may involve them in European quarrels.—Dissatisfaction with the 5th and 6th Preliminary Articles.

John Adams's Proposed Agreement. June, 1783,

John Jay's Proposed Agreement. June, 1783,

David Hartley's Proposed Agreement. June, 1783,

Report of a Committee of Congress,

On the proposition of Holland, that America should accede to the treaty of the armed neutrality and conclude a similar treaty with the other belligerents.—Congress came to the resolution, to instruct the Commissioners not to enter into any engagement, which should bind the contracting parties to support it by arms.

David Hartley to the Commissioners. Paris, June 14th, 1783,

The British Court desires a sincere reconciliation of the two countries.—It is not an exact literal reciprocity that is desirable, but a substantial reciprocity.—The old British policy cannot easily be abandoned at once.—A temporary convention between the two powers would tend to remove the difficulties in the way of an entire reconciliation and reciprocity.

David Hartley's Memorial to the Commissioners,

On the proposed reciprocity of intercourse between Great Britain and America.—Circumstances which must prevent a permanent connexion between America and France; Spain; the Italian powers; the Northern powers; Holland.—Great Britain and America must be connected in friendly or hostile relations.

The President of Congress to the Commissioners. Philadelphia, June 16th, 1783,

Transmitting papers in consequence of Mr Livingston's resignation.

Henry Laurens to the Commissioners. London, June 17th, 1783,

Interview with Mr Fox.—Symptoms of coldness.

The President of Congress to B. Franklin. Philadelphia, June 18th, 1783,

Thanks him for medals.—The Americans are irritated by the British holding New York and sending away negroes.

Henry Laurens to the Commissioners. London, June 20th, 1783,

Coolness of the Ministry.

To the Count de Vergennes. Passy, June 28th, 1783,

Desiring assistance to meet the bills drawn by Mr Morris.

Propositions made by the Commissioners to David Hartley for the Definitive Treaty,

MISSING PAGE

To the President of Congress. Passy, September 10th, 1783,

Recommending Mr Thaxter.—Account of their negotiations subsequent to the signing of the Provisional Articles.—The articles relating to the tories.—Injurious impressions made in Europe by the popular assemblies in America.—Recommends the appointment of a Minister to Great Britain.—Connexions with other powers.—Necessity of a common national policy in the States.

From Congress to the Commissioners. October 29th, 1783,

Instructing them to express to the Emperor the desire of Congress to enter into a treaty of amity and commerce with him; to meet the advances of other European powers on the basis of perfect equality and reciprocity; to demand satisfaction of the Danish Court for the seizure of American prizes in Danish ports; to report to Congress information as to the expedition of Commodore Jones; to take no further steps for the admission of the United States into the confederacy of the neutral powers; to hasten the conclusion of the Definitive Treaty; to negotiate an explanation of a paragraph in the Declaration of the cessation of hostilities.—Authorising Mr Jay to call Mr Carmichael to Paris for the purpose of adjusting their accounts.—Giving Mr Jay leave to go to Bath.

Ratification of the Definitive Treaty by Congress,

Proclamation of Congress respecting the Definitive Treaty,

Accompanied by Resolutions recommending the adoption of measures by the States for the restitution of confiscated property of British subjects.

Ratification of the Definitive Treaty by Great Britain,

CONRAD ALEXANDER GERARD'S CORRESPONDENCE.

Letter from the King of France to Congress,

Letter of credence for M. Gerard, in the character of Minister of France to the United States.

Appointment of Consul-General of France in the United States,

The King of France to Congress,

Letter of credence for Count d'Estaing.

Count d'Estaing to the President of Congress. At Sea, July 8th, 1778,

Communicating his credentials and his readiness to co-operate with General Washington.—M. Gerard.

Resolves of Congress respecting the Count d'Estaing's Letter, and the reception of M. Gerard. In Congress, July 11th, 1778,

To the President of Congress. Philadelphia, July 14th, 1778,

Offering the protection of Count d'Estaing's squadron to the armed vessels of the United States.

To the President of Congress. Philadelphia, July 14th, 1778,

Requesting Congress to make provision for the English prisoners on board the French squadron.

Ceremonial of admitting the French Minister to Congress. In Congress, July 20th, 1778,

To the President of Congress. Philadelphia, November 9th, 1778,

Requesting Congress to take measures for the sailing of vessels with supplies for the French forces.

To the President of Congress. Philadelphia, November 20th, 1778,

Informing Congress, that it is not usual to publish treaties until the ratifications have been exchanged.

Notes of M. Gerard to Congress. Philadelphia, December 2d, 1778,

Method of rendering acts in America valid in France.—Plan for discharging the debt due to Hortalez & Co. by furnishing the French forces in America with provisions at the expense of the United States.

To the President of Congress. Philadelphia, December 6th, 1778,

Intends to encourage the capture of ships loaded with ship-timber by privateers.

To the President of Congress. Philadelphia, December 7th, 1778,

Requesting to be informed if the United States have reserved the liberty of treating separately with England.

To the President of Congress. Philadelphia, December 14th, 1778,

On the purchase of flour and rice for the French fleet.

To the President of Congress. Philadelphia, January 4th, 1779,

The articles furnished by Beaumarchais were sold to him by the government, who is, therefore, a creditor of the United States.

To the President of Congress. Philadelphia, January 5th, 1779,

Complaining of certain assertions in the newspapers, which imply that France had assisted America previous to the alliance.

To the President of Congress. Philadelphia, January 10th, 1779,

Urging an answer of Congress to the representations of the preceding letter.—Answer of Congress disproving the passages referred to.

To the President of Congress. Philadelphia, January 14th, 1779,

Acknowledging the answer of Congress abovementioned.

To the President of Congress. Philadelphia, January 15th, 1779,

Relative to the sentiments of Congress concerning certain French officers.

Messrs Duportail, La Radiere, and Laumoy to M. Gerard. Philadelphia, January 15th, 1779,

Consenting to remain in the service of the United States.

To the President of Congress. Philadelphia, February 3d, 1779,

Supply of provisions for the French fleet in the Gulf of Mexico.

To the President of Congress. Philadelphia, February 8th, 1779,

Requesting to be admitted to an audience by Congress.

To the President of Congress. Philadelphia, February 9th, 1779,

The King of France grants a new supply of seven hundred and fifty thousand livres.—The articles furnished by Beaumarchais were not a present from France.—The French Court cannot answer for the house of Hortalez & Co.

To the President of Congress. Philadelphia, February 9th, 1779,

The King of Spain has determined to adopt decisive measures.—Advises the nomination of agents to conduct the negotiations for peace.—Conference of M. Gerard with Congress.

To the President of Congress. Philadelphia, March 14th, 1779,

Relative to means of regulating the rate of exchange.

To the President of Congress. Philadelphia, March 16th, 1779,

Requesting facilities for transporting French prisoners.

To the President of Congress. Philadelphia, March 17th, 1779,

Urging the measures for conducting the negotiations for peace.—The delay of this measure creates suspicions of divisions in Congress.

To the President of Congress. Philadelphia, March 31st, 1779,

Intention of returning to France.—Urges the sending out of Ministers with full powers to treat.

To the President of Congress. Mount Pleasant, April 6th, 1779,

Communicating extracts of letters from Martinique.

To the President of Congress. Philadelphia, April 24th, 1779,

Respecting the capture of two Spanish vessels by American privateers, and their condemnation.—Memorial of Don Juan de Miralles to M. Gerard on this subject.

To the President of Congress. Philadelphia, May 3d, 1779,

Urging Congress to adopt measures for taking part in the negotiations for peace.

To the President of Congress. May 4th, 1779,

Communicating a note of the King of France.

From the King of France to Congress,

Informing them of the birth of a Princess.

To the President of Congress. Philadelphia, May 6th, 1779,

Urging measures for entering into the negotiations.—The British government intend to push the war with vigor.—Further grant of supplies.

To the President of Congress. Philadelphia, May 9th, 1779,

Count d'Estaing will appear on the American coasts in compliance with the wishes of Congress.—Desires that supplies may be in readiness on the arrival of the fleet.

To the President of Congress. Philadelphia, May 9th, 1779,

On the proposed co-operation of Count d'Estaing.

To the President of Congress. Philadelphia, May 19th, 1779,

Communicating the succeeding Memorial on the Spanish vessels brought into port by American privateers.—Reply of Congress, promising reparation in case of injustice.

To the President of Congress. Philadelphia, May 22d, 1779,

Objects of the alliance between France and the United States.—Consequent measures of the French government.—Extent of the engagements of France.—Necessity of speedy measures on the part of Congress for participating in the negotiations for peace.

To the President of Congress. Philadelphia, May 24th, 1779,

Expressing his satisfaction with the arrangements of Congress for levying supplies by a tax.

To the President of Congress. Philadelphia, May 25th, 1779,

Acknowledges the reception of resolutions of Congress, expressing their determination to retaliate for cruelties committed by the English on French subjects in America, in the same manner as if committed on citizens of the States.

To the President of Congress. Philadelphia, May 27th, 1779,

Importance of a speedy decision of Congress in regard to the negotiations for peace, for securing the favor of Spain, and for facilitating the co-operation of the French forces in America.

To the President of Congress. Philadelphia, June 21st, 1779,

Proposing the adoption of measures for maintaining the immunity of the French flag in the United States.

To the President of Congress. Philadelphia, July 5th, 1779,

Relative to the loading and destination of a French supply ship.—Frauds committed in exporting provisions for the French fleet.

To the President of Congress. Philadelphia, July 5th, 1779,

Requesting that protection may be given to the provisions purchased for the French forces.—Desires to know if a sufficient supply can be obtained in the States.

Report of a Committee respecting a Conference with the Minister of France. In Congress, July 10th, 1779,

Containing seven articles read by the Minister, with his verbal explanations on each article, relating to the claims of Beaumarchais, the disavowal by Congress of any disposition to conclude a separate peace, the appointment of a Minister Plenipotentiary to France, the want of preparation for the approaching campaign on the part of the States, the desire of the English Court to be reconciled with France without an express acknowledgment of American independence, &c.

To the President of Congress. Philadelphia, July 26th, 1779,

Returning thanks for the permission to expedite the supply ship, and requesting an examination into the pretended frauds, practised with regard to the ships employed in carrying provisions to the French fleet.

To the President of Congress. Philadelphia, July 26th, 1779,

Requesting that the provisions destined for the French fleet may remain in the public magazines.

To the President of Congress. Philadelphia, July 26th, 1779,

Demanding satisfaction for the attacks made on M. Holker, French Consul, and requesting the adoption of measures for protecting the officers of France from future insults.

M. Gerard to the President of the State of Pennsylvania. Philadelphia, July 26th, 1779,

M. Holker to Joseph Reed, President of Pennsylvania. Philadelphia, July 24th, 1779,

To the President of Congress. Philadelphia, July 28th, 1779,

Enclosing certain papers relative to M. Holker, viz.;

Joseph Reed to M. Holker. Philadelphia, July 24th, 1779,

Joseph Reed to William Henry, Chairman of the Committee. Walnut Street, July 23d, 1779,

William Henry to Joseph Reed. Friday Afternoon, 5 o'clock, Committee Room,

M. Holker to M. Gerard. Philadelphia, July 29th, 1779,

Transmitting papers relative to the affair of the flour at Wilmington.

To the President of Congress. Philadelphia, July 30th, 1779,

Transmitting papers relative to M. Holker.

Resolves of Congress. In Congress, July 30th, 1779,

Resolves, assuring the protection of the United States to the officers of his Most Christian Majesty, approving the conduct of M. Holker, &c.

The President of Pennsylvania to M. Gerard. In Council, Philadelphia, July 31st, 1779,

Expressing regret that any disagreeable discussions should have taken place, and informing him that the flour is now at the disposition of M. Holker.

To the President of Congress. Philadelphia, August 5th, 1779,

Acknowledging the reception of certain resolutions of Congress.

To the President of Congress. Philadelphia, August 5th, 1779,

Expressing his satisfaction with the resolutions of Congress on the affair of M. Holker, and requesting that no prosecutions may be commenced against the offenders.

To the President of Congress. Philadelphia, August 11th, 1779,

Failure of the attempt to procure military stores at Martinique.

The Marquis de Bouillé to M. Gerard. Martinique, July 11th, 1779,

Unable to furnish any supplies for the United States.

Resolution of Congress. In Congress, August 23d, 1779,

Resolution, appointing a committee to offer congratulations on the birth-day of his Most Christian Majesty.

M. Gerard to the Committee of Congress. Philadelphia, August 23d, 1779,

Acknowledging the reception of the foregoing resolution.

The Count de Vergennes to M. Gerard,

Spain joins the alliance.—The English Court will attempt to separate America from the alliance by advantageous offers.

To the President of Congress. Philadelphia, September 15th, 1779,

Appointment of Mr Wilson Attorney General for France in the United States.

To the President of Congress. Philadelphia, September 15th, 1779,

Requesting an audience of leave.

M. Gerard's Speech on taking leave of Congress,

Reply of the President of Congress to M. Gerard's Speech on his taking leave,

Congress to the King of France,

Expressing their approbation of M. Gerard's conduct and character.

Proceedings of Congress. In Congress, September 25th, 1779,

Draft of a letter to M. Gerard, reported by a committee, expressing the inviolable attachment of the United States to their allies.—Letter as adopted by Congress.

CAESAR ANNE DE LA LUZERNE'S CORRESPONDENCE.

Substance of a Conference between M. de la Luzerne and General Washington at Head Quarters, West Point. September 16th, 1779,

Relative to a co-operation with a proposed expedition of Count d'Estaing to the American coasts, and also with the Spanish expedition against the Floridas.—Project of an invasion of Canada and Nova Scotia.

Reception of the French Minister by Congress. In Congress, November 17th, 1779,

Containing his letter of credence, his speech to Congress, and their answer.

Don Juan Miralles to M. de la Luzerne. Philadelphia, November 25th, 1779,

Desiring the co-operation of the United States with the Spanish forces in the Floridas, and against the English possessions northeast of Louisiana.—Requests to be informed what kind of supplies may be expected from the States.

To the President of Congress. Philadelphia, November 26th, 1779,

Communicating the foregoing letter.

To the President of Congress. Philadelphia, December 6th, 1779,

Requesting instructions as to the disposition of certain property captured by American seamen.

The President of Congress to M. de la Luzerne. In Congress, December 16th, 1779,

Plan of co-operation with the Spanish forces in Florida.

M. Holker to M. de la Luzerne. Philadelphia, January 10th, 1780,

Representing the injurious effects of a law of Maryland on his measures for supplying the French forces.

William Smith to M. Holker. Baltimore, January 7th, 1780,

The supplies intended for the French forces will be seized by the American Commissioners.

The President of the Council of Maryland to William Smith. In Council, Annapolis, January 6th, 1780,

The supplies purchased for the French fleet cannot be exempted from seizure for the American army.

To the President of Congress. Philadelphia, January 10th, 1780,

Urging the adoption of measures for securing the supplies raised for the French forces from liability to seizure.

To George Washington. Philadelphia, January 23d, 1780,

The English government are unable to raise soldiers, and intend to obtain them by an exchange of prisoners in America.—In case of exchange, advantage may be taken to obtain a virtual acknowledgment of independence.

Extract of a Memorial communicated by the Ambassador of England to the Court of Madrid, on the 28th of March, 1779,

Ultimatum proposed by the Court of Madrid to the Courts of France and England, dated 3d of April, 1779,

Extract from the Exposition of the Motives of the Court of Spain relative to England,

To the President of Congress. Philadelphia, January 24th, 1780,

Announcing the appointment of a French Consul for North Carolina.

To the President of Congress. Philadelphia, January 25th, 1780,

Preparations for another campaign by the European belligerents.—Necessity of similar preparations on the part of America.—Desires to concert a plan of common operations.

Report of a Committee on the Communications of the French Minister. In Congress, January 28th, 1780,

The French Minister informs Congress, that great exertions are making in Europe by England, to persuade the other powers that America may be detached from France; that her negotiations may result in an armed mediation, to which it would be necessary to submit; that in this case, it would be probably necessary to leave Great Britain whatever territories in America were actually in her hand; he, therefore, urges the necessity of pushing the approaching campaign with vigor.

Answer of Congress to the Communications of the French Minister. In Congress, January 31st, 1780,

Forces and plans of Congress for the approaching campaign.—The general disposition in the United States is to adhere to the alliance.

Communications of the French Minister to a Committee of Congress at a second Conference. In Congress, February 2d, 1780,

Communicating the views of the Spanish Court on the Western boundary, the exclusive navigation of the Mississippi, the possession of the Floridas, and the lands on the left bank of the Mississippi.

George Washington to M. de la Luzerne. Head Quarters, Morristown, February 4th, 1780,

The small number of British prisoners will, probably, prevent any important concessions for the sake of effecting an exchange.

George Washington to M. de la Luzerne. Head Quarters, Morristown, February 15th, 1780,

Declines granting a detachment requested of him, on account of the feebleness of his forces.—A covering party, if necessary, may be furnished by the militia.

To the President of Congress. Philadelphia, March 8th, 1780,

M. Gerard obtains facilities for fitting out the Confederation in Martinique, but has no materials for masts.

The King of France to Congress,

Communicating an additional grant of aid.

George Washington to M. de la Luzerne. Morristown, May 5th, 1780,

Expressing his esteem for M. de la Luzerne, and his satisfaction with his approbation of the state of the army.

George Washington to M. de la Luzerne. Morristown, May 11th, 1780,

Expresses his pleasure at the arrival of M. de Lafayette.

George Washington to M. de la Luzerne. Head Quarters, Morristown, May 14th, 1780,

French fleet in the West Indies.

To the President of Congress. Philadelphia, May 16th, 1780,

His Majesty intends to send out a reinforcement.—Desires the concurrence of Congress in combining a plan of operations.—Requests information as to the forces, resources, and posts of the enemy.—Additional supplies obtained by Dr Franklin.—Favorable situation of affairs.

To George Washington. Philadelphia, May 21st, 1780,

Operations of the approaching campaign.

Report of a Committee of Congress on a Conference with the French Minister. In Congress, May 24th, 1780,

Plan for raising supplies.—Propose the establishment of posts from Boston to Charleston to facilitate communication.—Recommend the preparation of a reinforcement to the French fleet, and the adoption of measures to prevent desertions from the same.

George Washington to M. de la Luzerne. Morristown, June 5th, 1780,

The French troops will be cordially received.—Desires to maintain a correspondence with him.

Report of a Committee of Congress respecting Communications from the French Minister. In Congress, June 5th, 1780,

Raising of supplies for the French troops.—Mode of paying them.

Report of a Committee of Congress respecting a Conference with the French Minister. In Congress, June 7th, 1780,

Raising of supplies for the French forces.

To the President of Congress. Philadelphia, June 18th, 1780,

Urging the completion of the American army.—Forces necessary for an effective co-operation.

To the President of Congress. Philadelphia, June 28th, 1780,

Desiring permission for the supplying of the Spanish forces with provisions.

Congress to the Minister of France. In Congress, July 7th, 1780,

Supplies for the Spanish forces.

To the President of Congress. Philadelphia, July 22d, 1780,

Arrival of part of the French forces destined to act in America.—The other part separated for security.

To the President of Congress. Philadelphia, July 25th, 1780,

Requesting that the American vessels of war may join the French squadron.

Joseph Reed to M. de la Luzerne. In Council, Philadelphia, July 25th, 1780,

The Hessian deserters are at liberty to enter the French service, if desired.

To the President of Congress. Philadelphia, July 26th, 1780,

Desiring arrangements to be made for the subsistence of the Hessian recruits.

George Washington to M. de la Luzerne. Head Quarters, July 27th, 1780,

Plan of a junction of the French fleets.—Rumored project of an attack on the French forces by General Clinton.

To George Washington. Philadelphia, July 30th, 1780,

Relative to certain proposed naval operations.

George Washington to M. de la Luzerne. Peekskill, August 4th, 1780,

Project of junction of the two divisions of the French forces.

George Washington to M. de la Luzerne. Peekskill, August 6th, 1780,

Relative to the employment of American frigates to aid in the junction of the French forces.

To the President of Congress. Philadelphia, August 15th, 1780,

Readiness of the French government to co-operate with the American forces against the common enemy.

To the President of Congress. Philadelphia, August 15th, 1780,

Case of a citizen of Bermuda.

To the President of Congress. Philadelphia, September 1st, 1780,

Improbable that certain bills of exchange drawn on Dr Franklin will be accepted.

George Washington to M. de la Luzerne. Head Quarters, Bergen County, September 12th, 1780,

Projected naval operations.

To the President of Congress. Philadelphia, September 15th, 1780,

Desires the publication of the treaty for the purpose of settling difficulties arising as to the 11th and 12th Articles.

To the President of Congress. Philadelphia, September 16th, 1780,

Announcing the appointment of M. de Marbois as Chargé d'Affaires during his absence.

M. de Marbois to the President of Congress. Philadelphia, October 8th, 1780,

Acknowledging the reception of certain resolutions of Congress.

M. de Marbois to the President of Congress. Philadelphia, October 27th, 1780,

Requesting a convoy for store ships.

To the President of Congress. Philadelphia, November 1st, 1780,

Suggesting changes in the mode of authenticating ships' papers.

From Congress to the King of France,

Unprosperous state of things.—Retrospect of events.—Praying for assistance in raising a loan.

To George Washington. Philadelphia, December 5th, 1780,

Expected arrival of clothing for the army.—Spanish operations.

George Washington to M. de la Luzerne. New Windsor, December 14th, 1780,

Forwards his despatches for Rhode Island.

To the President of Congress. Philadelphia, January 15th, 1781,

American prizes carried into French ports will be judged in the same manner as those of subjects.

To the President of Congress. Philadelphia, February 25th, 1781,

Arrival of a French squadron in the Chesapeake.

To the President of Congress. Philadelphia, February 28th, 1781,

Authorises Mr Morris to draw bills of exchange.

To the President of Congress. Philadelphia, March 2d, 1781,

The French squadron sails from the Chesapeake.

M. Destouches to M. de la Luzerne. On Board the Duc de Bourgogne, March 19th, 1781,

Engagement between a French and English squadron.

To the President of Congress. Philadelphia, March 24th, 1781,

Supplies granted by France.—Proposes Congress should furnish the French forces with provisions, receiving in payment bills on the Treasury of France.

To George Washington. Philadelphia, March 27th, 1781,

Failure of the expedition of M. Destouches.

George Washington to M. de la Luzerne. Head Quarters, New Windsor, March 31st, 1781,

Return of M. Destouches to Newport.—Good conduct of the expedition.

To George Washington. Philadelphia, May 7th, 1781,

Forwarding proposals of an expedition to M. Destouches.

To M. Destouches. Philadelphia, May 7th, 1781,

Dangerous situation of Virginia and Maryland.—Proposes an expedition into the Chesapeake for their relief.

To the President of Congress. Philadelphia, May 9th, 1781,

Abuse of intercepted ships' papers by the English.—Proposes the adoption of measures of prevention.

To the President of Congress. Philadelphia, May 22d, 1781,

Transmitting the King's letter.

The King of France to Congress,

Granting further assistance.

George Washington to M. de la Luzerne. Weathersfield, May 23d, 1781,

Intended attack on New York.—Urges the presence of the French West India fleet in the American seas.

To the President of Congress. Philadelphia, May 25th, 1781,

The expected reinforcements of the French forces have not been despatched.—Pecuniary grant of the French government.

To the President of Congress. Philadelphia, May 26th, 1781,

Offered mediation of Austria and Russia between the belligerents.—France declines accepting the offer without the consent of the United States.—Urges the appointment of Plenipotentiaries to take part in the proposed negotiations.

Report of a Conference with the French Minister. In Congress, May 28th, 1781,

The French Ministry considers the mission of Mr Dana to St Petersburg premature.—Desires that Mr Adams may be restricted by instructions.—English agent at Madrid.—Spain and France decline the mediation, but will accept it finally.—Desires to know the sentiments of America.—Advises moderation in the demands of the United States.

Congress to the King of France,

Returning thanks for supplies.—Their opinion as to the mediation will be communicated through their Minister.

To George Washington. Philadelphia, June 1st, 1781,

Regrets the delay of the reinforcements from France.—Promises to propose his plan of operations to the Count de Grasse.

George Washington to M. de la Luzerne. Head Quarters, New Windsor, June 13th, 1781,

Desires that a body of land forces may accompany the Count de Grasse's squadron.

Report of a Conference with the French Minister. In Congress, June 18th, 1781,

Communications of the Minister relative to losses of French subjects in America.—Proceedings of the armed neutrality.—Violation of its principles by American privateers.—Mr Cumberland's negotiations in Spain.—Supplies.—Mediation of the Imperial powers.—Situation of affairs in Europe obliges France to maintain a considerable force.—State of affairs in Holland.—Amount of the pecuniary aid granted by France.

To the President of Congress. Philadelphia, July 1st, 1781,

Leaves M. de Marbois Chargé d'Affaires during his visit to the American army.

M. de Marbois to the President of Congress. Philadelphia, July 9th, 1781,

The French naval commander desires permission to recruit his forces by the impressment of French seamen.

M. de Marbois to the Secretary of Congress. Philadelphia, July 11th, 1781,

On the appointment of Mr McKean to the Presidency.

To the President of Congress. Philadelphia, July 20th, 1781,

Desires to communicate despatches from his Court to Congress.

Report of Communications from the French Minister. In Congress, July 23d, 1781,

Causes of the delay of the intended reinforcement of the French arms in America.—The relations of Holland and England render a connexion between that country and America probable.

To the President of Congress. Philadelphia, July 26th, 1781,

Communication of a draft of a convention relative to the establishment of Consuls by France and America.

To the President of Congress. Philadelphia, August 23d, 1781,

Desires the recognition of the French Consul for New England, regularly appointed.

To the President of Congress. Philadelphia, September 6th, 1781,

Desires the passing of acts authorising the French Consul for New England to exercise his official functions.

THE
CORRESPONDENCE
OF
GEN. LAFAYETTE;
ON THE FOREIGN AFFAIRS OF THE UNITED STATES.

Although the services of General Lafayette to the United States were rendered chiefly in the military line, yet he contributed very essentially by his efforts, and the weight of his personal character, to promote the interests of our foreign relations. When he left the United States at the close of the year 1781, Congress instructed the American Ministers abroad to consult him on the public affairs of the United States. His correspondence with Congress, now to be published, will show how effectually he executed his trust in this respect, and how deeply and constantly he watched over the interests of his adopted country, long after his return to Europe. These letters are a testimony not more of his patriotism, love of liberty, the warmth of his affections, and the fulness of his gratitude, than of his close observation, correct opinions, and enlarged views on political affairs.

THE
CORRESPONDENCE
OF
GENERAL LAFAYETTE.

RESOLVE OF CONGRESS RESPECTING GENERAL LAFAYETTE.

In Congress, November 23d, 1781.

On the report of a Committee, consisting of Mr Carroll, Mr Madison, and Mr Cornell, to whom was referred a letter of the 22d, from Major-General the Marquis de Lafayette,

Resolved, That Major-General the Marquis de Lafayette, have permission to go to France; and that he return at such time as shall be most convenient to him.

That he be informed, that on a review of his conduct throughout the past campaign, and particularly during the period in which he had the chief command in Virginia, the many new proofs, which present themselves of his zealous attachment to the cause he has espoused, and of his judgment, vigilance, gallantry, and address in its defence, have greatly added to the high opinion entertained by Congress of his merits and military talents.

That he make known to the officers and troops whom he commanded during that period, that the brave and enterprising services with which they seconded his zeal and efforts, and which enabled him to defeat the attempts of an enemy far superior in numbers, have been beheld by Congress with particular satisfaction and approbation.

That the Secretary of Foreign Affairs acquaint the Ministers Plenipotentiary of the United States, that it is the desire of Congress that they should confer with the Marquis de Lafayette, and avail themselves of his information relative to the situation of public affairs in the United States.

That the Secretary of Foreign Affairs further acquaint the Minister Plenipotentiary at the Court of Versailles, that he will conform to the intention of Congress by consulting with, and employing the assistance of the Marquis de Lafayette, in accelerating the supplies, which may be afforded by his Most Christian Majesty for the use of the United States.

That the Superintendent of Finance, the Secretary for Foreign Affairs, and the Board of War, make such communication to the Marquis de Lafayette, touching the affairs of their respective departments, as will best enable him to fulfil the purpose of the two resolutions immediately preceding.

That the Superintendent of Finance take order for discharging the engagement entered into by the Marquis de Lafayette with the merchants of Baltimore referred to in the act of the 24th of May last.

That the Superintendent of Finance furnish the Marquis de Lafayette with a proper conveyance to France.

That the Secretary of Foreign Affairs report a letter to his Most Christian Majesty, to be sent by the Marquis de Lafayette.[1]

FOOTNOTE:

[1] Extract of a letter from Congress to the King of France, dated November 29th, 1781.

"Major-General the Marquis de Lafayette, has in this campaign so greatly added to the reputation he had before acquired, that we are desirous to obtain for him, on our behalf even, notice, in addition to that favorable reception, which his merits cannot fail to meet with from a generous and enlightened Sovereign; and, in that view, we have directed our Minister Plenipotentiary to present the Marquis to your Majesty."

TO ROBERT R. LIVINGSTON.

Antony, near Paris, March 30th, 1782.

Dear Sir,

I have been honored with your letter by the Hermione, and have made the best use I could of the intelligence you were pleased to communicate. The sailing of the Alliance was unexpected, and I could not improve that opportunity. This letter will be carried by a vessel that is immediately despatched. I shall soon have an opportunity to write by a frigate. Dr Franklin, whom I have acquainted with the departure of this vessel, has no doubt communicated very important intelligence. Mahon has been taken rather sooner than was expected; the siege of Gibraltar is going on, and some do not consider it impossible that it should fall into the hands of the Spaniards. The taking of St Kitts was felt in England; the more so, as Sir Samuel Hood had given great expectations of preserving the Island.

There is a great deal of confusion in England, which their late resolutions clearly prove; many think the loss of the majority is a finesse of Lord North; but from later advices it appears there will be a change of Ministers. The opposition members do not agree together, and none of them are true friends to America; none of them are wishing for independence; they want to make the best bargain they can, either with France, at the expense of America, or by satisfying America at the cheapest rate. By Mr Adams's letters I find Holland is about acknowledging American independence, as far as it will neither cost them blood nor money; but at this period I think it important to obtain such a political advantage.

I beg you will please to communicate the contents of my letter to Congress; as I do not enter into any particulars with the President. Accept the assurance of the high esteem and most affectionate sentiments with which I am, &c.

LAFAYETTE.

P. S. Since writing the above, we have just got certain intelligence that Lord North has left his place. It is generally believed he will be replaced by Lord Rockingham.

TO ROBERT R. LIVINGSTON.

St Germain, June 25th, 1782.

Dear Sir,

It is needless for me to enter into such details as will of course be communicated to Congress by the Minister. Dr Franklin will doubtless be very particular. But as Congress have been pleased to order that I should give my opinion, I now have the honor to tell you what I think upon the several transactions that have lately taken place.

Before the change of Ministry, the old Administration had sent people to feel the pulse of the French Court and of the American Ministers. They had reasons to be convinced that neither of the two could be deceived into separate arrangements, that would break the union and make both their enemies weaker. In the meanwhile, a cabal was going on against the old Ministry. New appointments took place, and it is not known how far Lord North would have gone towards a general negotiation.

It had ever been the plan of the opposition to become masters of the Cabinet. But while every one of them united against the Ministry, they committed this strange blunder, never to think what would become of them after their views had been fulfilled. They even made Ministers, and upon the same day they did not know how to divide the prey; upon the second they perceived that they had different interests and different principles to support; upon the third they were intriguing against each other. And now the British Ministry are so much divided, that nothing but their disputes can account for their indecision in public affairs.

The Marquis of Rockingham has nothing of a Minister, but the parade of levees, and a busy appearance. He is led by Mr Burke. He is also upon the best terms with Charles Fox. The principles of the latter everybody knows. That party it appears is on one side of the Administration.

The Duke of Grafton and Lord Camden think it their interest to support Lord Shelburne, whom, however, they inwardly dislike. The Earl of Shelburne seems to have by far the greater share in the King's confidence. He is intriguing, and, upon a pretence to follow Lord Chatham's opinions, he makes himself agreeable to the King by opposing American independence. He is, they say, a faithless man, wishing for a continuation of the war, by which he hopes to raise his own importance; and, should the Rockingham party fall, should Lord Shelburne be found to divide power with another party, he is not far, it is said, from uniting with Lord North and many others in the old Administration.

The King stands alone, hating every one of his Ministers, grieving at every measure that combats his dispositions, and wishing for the moment when the present Ministry, having lost their popularity, will give way to those whom he has been obliged to abandon for a time.

Such is the position in which they stand, and I am going to relate the measures they have taken towards negotiation.

It appears Lord Shelburne, on the one hand, and Charles Fox on the other, went upon the plan which Lord North had adopted, to make some private advances, but they neither communicated their measures to each other, nor said at first anything of it in the Cabinet. Count de Vergennes said that France could never think to enter into a treaty, but in concurrence with her allies, and upon being told that America herself did not so much insist upon asking for independence, he answered, "people need not ask for what they have got." Mr Adams in Holland, and Dr Franklin in Paris, made such answers as were consistent with the dignity of the United States. But they as well as Count de Vergennes, expressed a sincere desire for peace, upon liberal and generous terms.

From the very beginning Mr Adams has been persuaded, that the British Ministry were not sincere—that the greater part of them were equally against America as any in the old Administration, and that all those negotiations were not much to be depended upon. His judgment of this affair has been confirmed by the events; though at present the negotiation has put on a better outward appearance.

Dr Franklin's pen is better able than mine can be, to give you all the particulars through which Mr Grenville, a young man of some rank, is now remaining in Paris, with powers to treat with his Most Christian Majesty, and all other Princes or States now at war with Great Britain.

I shall only remark, that in late conversations with Count de Vergennes, Mr Grenville has considered the acknowledgment of independence as a matter not to be made a question of, but to be at once and previously declared. But upon Count de Vergennes's writing down Mr Grenville's words to have them signed by him, the gentleman, instead of this expression, "the King of England has resolved at once to acknowledge," &c., insisted to have the words is disposed made use of in what he intended to be considered as his official communication. He has also evinced a backwardness in giving Dr Franklin a copy of his powers; and their Ministry are so backward also in bringing before Parliament a bill respecting American independence, that it does not show a great disposition towards a peace, the preliminaries of which must be an acknowledgment of America as a separate and independent nation.

It is probable that within these two days, Dr Franklin had some communication with Mr Grenville, which may throw some light upon the late points I have just now mentioned.

Mr Jay is arrived from Madrid. Mr Laurens, it seems, intends to return home. Mr Adams's presence in Holland is for the moment necessary. A few days will make us better acquainted with the views of Great Britain; and since the Ministers from Congress have thought that I ought for the service of America to remain here some time longer, I shall, under their direction devote myself to promote the interests of the United States. The footing I am upon at this Court enables me sometimes to go greater lengths than could be done by a foreigner. But unless an immediate earnest negotiation, which I am far from hoping, renders my services very useful, I will beg leave to return to my labors, and be employed in a shorter way to ensure the end of this business, than can be found in political dissertation.

I have communicated the opinion of Mr Adams, such as I found it in his letter. Dr Franklin's ideas will be presented by himself, and also those of Mr Jay, both of which must be preferable to mine, though I do not believe they much differ. But from what I have collected by communications with your Ministers, with those of the French, and by private intelligence, I conclude;

1st. That the British Ministry are at variance between themselves, embarrassed upon the conduct they ought to hold, and not firm in their principles and their places.

2dly. That negotiations will go on shortly, establish principles, and facilitate a treaty; but that the King of England and some of the Ministers, have not lost the idea of breaking the union between France and the United States.

3dly. That the situation of England, want of men and money, and the efforts France is about to make, will reduce the former to a necessity for making peace before the end of next spring.

America will no doubt exert herself, and send back every emissary to her Plenipotentiaries here; for the Ministry in England are now deceiving the people with the hope that —— is going to operate a reconciliation, and with many his —— of the same nature.

In the course of this affair, we have been perfectly satisfied with the French Ministry. They have proved candid and moderate. Mr Jay will write about Spain. Very little is to be said of her, and by her very little is to be done. It appears Holland is going on well, and I believe Mr Adams is satisfied, except upon the affair of money, which is the difficult point, and goes on very slowly.

By all I can see, I judge that if America insists on a share in the fisheries, she will obtain it by the general treaty; this point is too near my heart to permit me not to mention it.

The news of Count de Grasse's defeat has been very much felt in France, and the whole nation was made truly unhappy by this disagreeable event. The general cry of the people was such, that I do not believe any French Admiral will, in any case take upon himself to surrender his own ship. The people at large have perhaps been too severe, and government have not pronounced, as there is to be a court martial. But I was happy to see a patriotic spirit diffused through every individual. The States of several Provinces, the great cities, and a number of different associations of men, have offered ships of the line to a greater number than have been lost. In the meanwhile, government are using the greatest activity, and this has given a spur to the national exertions. But independent of the stroke in itself, I have been sighing upon the ruin of the plans I had proposed towards a useful co-operation upon the coasts of America. My schemes have been made almost impracticable, and my voyage (the case of negotiations excepted) has not been so serviceable to the public, as I had good reasons to expect.

The Spaniards are going at last to besiege Gibraltar. Count d'Artois, the King of France's brother, and the Duc de Bourbon, a Prince of the blood, are just setting out to serve there as volunteers. They intend to begin in the first days of September; so that we may expect one way or other to get rid of that encumbrance, and let the siege succeed or miscarry, we may expect hereafter to make use of the combined forces of the House of Bourbon.

We are waiting for intelligence from the East Indies, where it appears we have got a superiority, and are entitled to expect good news from that quarter. The enemy had some despatches by land, but either our operations are of a later date, or they only have published a part of their intelligence.

Paris, June 29th. Dr Franklin and Mr Jay will acquaint you with Count de Vergennes's answer to Mr Grenville, and also with what Mr Grenville has said respecting the enabling act. This act and also the answer to Count de Vergennes, are every day expected in Paris, and the way in which both will be expressed may give us a pretty just idea upon the present intentions of the British Ministry. The only thing that remains for me to inform you of, is, that under the pretence of curiosity, admiration, or private affairs, England will probably send emissaries to America, who cannot hope to insinuate themselves under any other but a friendly appearance.

With the greatest regard, &c.

LAFAYETTE.

ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.

Philadelphia, September 18th, 1782.

You should not, my Dear Sir, have been thus long without hearing from me, had I not persuaded myself, that I should see you before a letter could reach you. I still entertain this hope from a passage in Dr Franklin's letter, but have been in this often disappointed; I will not indulge it longer, so far as to let it arrest my pen.

The Count de Segur delivered me your letters of April. I thank you sincerely for having made him the bearer of them, since you know the eagerness with which I embrace your friends, even without taking into consideration, that merit which makes them so. The Count leaves town for the army today, so that I shall not have the full benefit of your introduction to him till next winter, when I flatter myself you will join our circle. The Prince de Broglio told me last night, that he had a letter from you to me. I expect to see him here this morning.

I cannot help remarking the just estimate you made of the British Ministry. Late events have fully justified it. They are made up of heterogeneous particles, and, as might naturally be expected, they begin to fly off from each other. You have nothing to apprehend from your adopted country. We are immovably fixed in our determination to adhere to our allies, in spite of every endeavor to change our sentiments. I am sorry that I have not leisure to enlarge. My horses wait to carry me to the banks of the Hudson, while I write; let me however inform you of the misfortune that has happened to Chevalier de Latouche; his frigate being pursued by the enemy was run on shore in the Delaware, and is lost. The gentlemen, his passengers, are however happily saved, together with the money and papers. Everything else is lost, and what is most to be lamented, he himself must have fallen into the hands of the enemy. The flag that went to inquire his fate is not yet returned.

The fleet of the Marquis de Vaudreuil has also sustained a loss in the sinking of the Magnifique, in the harbor of Boston. Congress have endeavored to repair this, by presenting the America to his Majesty.

The troops from Virginia have joined those on the Hudson. Our army is in noble order at present; you will be charmed to see our countrymen well dressed, since you used to admire them even in their rags.

I send you the papers for a month back; they contain all our public news, and some particulars worthy your attention.

I am, my Dear Sir, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.

Philadelphia, November 2d, 1782.

Dear Sir,

The confusion occasioned by the misfortune of the Eagle, and the delay that the gentlemen who saved their baggage experienced in getting here, prevented my receiving your favor of the 25th and 29th of July till the last of September, although I had acknowledged the receipt of the letters, by the same conveyance, much earlier.

Your letter contained so much important matter, that it was laid before Congress, for knowing it would be advantageous to you and place your assiduity and attention to their interests in its strongest point of light. I choose to consider most of yours as public letters; this last was particularly acceptable, as neither Dr Franklin nor Mr Jay had been so explicit, as we had reason to expect. Our system of politics has been so much the same for a long time, tending only to one point, a determination to support the war till we can make peace in conjunction with our allies, that the whole history of our Cabinet amounts to nothing more than a reiteration of the same sentiments in different language; and so plain is our political path, so steadily do we walk in it, that I can add nothing to what I have already written you on that subject.

The events of the campaign are as uninteresting; the inactivity and caution of the enemy have given us leisure to form the finest army this country ever saw, while they conspire to render that army useless for the present. The troops are gone into winter quarters; ours at Fishkill, West Point, and its vicinity; the French as far east as Hartford.

This day we are informed from New York, that fourteen sail of the line, one of forty guns, and seven frigates, sailed from thence on the 26th. We cannot learn that they had troops on board or under convoy.

The Magnifique is lost, I believe without hope of recovery. She will, however, be well replaced by the America, which all accounts concur in calling a fine ship. But unless your fleet is very considerably strengthened in those seas, another campaign may slip away as uselessly as the last; for I see no reason to suppose, while Lord Shelburne is at the head of Administration, that the negotiations for peace will wear a serious aspect. I believe with you, that his royal master is set upon risking everything, rather than acknowledge our independence, and as he possesses the art of seduction in a very eminent degree, it will require more firmness to resist his solicitations, than is generally found among courtiers. I am very much pleased to hear that the siege of Gibraltar is at last undertaken, with some prospects of success. This I sincerely wish. England has found in that single fortress a more powerful ally than any other she could make in Europe. It has for the most part employed the navy of Spain, and cost them five ships of the line.

You need feel no anxiety on the score of an apology for your absence; everybody here attributes it to its true cause, and considers it as a new proof of your attachment to the interests of America.

The papers I send with this will serve to confirm this assertion. I thank you for the acquaintance of the Prince de Broglio and the Count de Segur; they handed me your letters the day I was unfortunately obliged to leave town. They have, however, promised to be here this winter, and to give me an opportunity of consoling myself for your absence by the attention they will enable me to show to those you love. Your brother-in-law is gone I find to the siege of Gibraltar. I beg you to write particularly to remind him of his American friends. He shall hear from me by the first opportunity; in the meanwhile, tell him he will not do justice to our expectations if he neglects to promote the great object, which we discussed together a little before he left this country, foreseeing then that he would ere long be called to Spain. I ought not to conclude this without informing you, that the chair of state is transferred to Mr Boudinot, Mr Hanson's term having expired.

I am, my Dear Sir, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF THE CONGRESS.

Brest, December 3d, 1782.

Dear Sir,

I have the honor to beg the attention of Congress upon a subject, which, though it appears personal, may bring about events of public utility.

On a past voyage I have had the happiness to return with such means as proved useful to the United States, and when I embarked last, I had a leave of absence till such a time as I would think proper.

What has been done respecting former demands of money, has been communicated to Congress. As to the late ones, I leave it to the Ministers of Congress to give an account of those transactions.

I have the heartfelt happiness to think, that I did not leave Versailles until I had, to the utmost, exerted every means in my power; and I wish they had been an aid to promote every view of Congress and every interest of the United States.

The Ministers of Congress in Europe have in former letters acquainted them with the request they made, that I should defer my departure to America. They thought I might serve her in the political field, and I yielded to their opinion.

Now, Sir, that I am going to embark, I have done it by their advice. Upon the voyage, the mode and the time of it, I have taken their opinion, and it has been, that I was acting consistent with the interests of America, and the instructions of General Washington. But I could not submit to think, that any member of Congress, might, from public report, imagine that I enlarge so far their permission, as to follow pursuits, that would not particularly promote the views of America; and as they do not choose being intruded upon with minute details of military plans, let it suffice to say, that I beg leave to refer them to the opinion of General Washington.

With a heart bound to America by every sentiment of a grateful, an everlasting, and, I may add, a patriotic love,

I have the honor to be, &c.

LAFAYETTE.

ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.

Philadelphia, January 10th, 1783.

Dear Sir,

I was honored by yours of the 14th of October last. It contains much useful information, and upon the whole exhibits a pleasing picture of our affairs in Europe. Here the scene is more chequered with good and evil; the last I think predominates. The want of money has excited very serious discontents in the army. They have formed committees. A very respectable one, with General McDougal at their head, is now here. Their demands, though strictly just, are such as Congress have not the means of satisfying. The states upon whom they call, complain of inability. Peace is wished for with more anxiety than it should be; wearied out with the length of the war, the people will reluctantly submit to the burdens they bore at the beginning of it; in short, peace becomes necessary. If the war continues we shall lean heavier upon France than we have done. If peace is made she must add one obligation more to those she has already imposed. She must enable us to pay off our army; or we may find the reward of her exertions and ours suspended longer than we could wish.

Charleston is at length evacuated; the enemy made a convention with General Greene and were suffered to depart in peace. In one of the papers I send you, you will see the general orders at going off.

The embarkation of your army, before the war in this country had closed, gave me some pain. Their stay might have answered useful political purposes, had they been at hand to operate against New York, which they will not otherwise quit.

Congress saw this in its true light, but were too delicate to mention it; I enclose their resolutions on being apprized of it. You speak of operations in America. I agree with you, that they are devoutly to be wished, both by France and by us; but if they are to depend upon operations in the West Indies, it is ten to one but they fail. The machine is too complex. If it is to be worked in any part by Spanish springs, the chance against it is still greater, for whatever the latter may be in Europe, in the West Indies they lose their elasticity.

The great cause between Connecticut and Pennsylvania has been decided in favor of the latter. It is a singular event. There are few instances of independent States submitting their cause to a Court of Justice. The day will come, when all disputes in the great republic of Europe will be tried in the same way; and America be quoted to exemplify the wisdom of the measure.

Adieu my Dear Sir, continue to love this country, for though she owes you much, she will repay you all with interest, when in ages to come she records you with her patriots and heroes.

I have the honor to be, Dear Sir, with the sincerest esteem and regard, &c.

ROBERT R. LIVINGSTON.

TO WILLIAM CARMICHAEL, AT MADRID.

Cadiz, January 20th, 1783.

Dear Sir,

Your letter of the 14th has this day come to hand. The occasion of it I lament, but it becomes my duty to answer it.

From an early period, I had the happiness to rank among the foremost in the American revolution. In the affection and confidence of the people, I am proud to say, I have a great share. Congress honors me so far as to direct, that I am to be consulted by their European Ministers, which circumstances I do not mention out of vanity, but only to show, that in giving my opinion, I am called upon by dictates of honor and duty, which it becomes me to obey.

The measure being right, it is beneath me to wait for a private opportunity. Public concerns have a great weight with me, but nothing upon earth can intimidate me into selfish considerations. To my opinion you are entitled, and I offer it with the freedom of a heart that ever shall be independent.

To France you owe a great deal; to others you owe nothing. As a Frenchman, whose heart is glowing with patriotism, I enjoy the part France has acted, and the connexion she has made. As an American, I acknowledge the obligation, and in that I think true dignity consists; but dignity forbade our sending abroad political forlorn hopes, and I ever objected to the condescension; the more so, as a French treaty had secured their allies to you; and because America is more likely to receive advances, than to need throwing herself at other people's feet.

The particulars of the negotiation with Spain I do not dwell upon. In my opinion they were wrong, but I may be mistaken. Certain it is, that an exchange of Ministers ought to have been, and now an exchange of powers must be, upon equal footing. What England has done is nothing, either as to the right or the mode. The right consisted in the people's will, the mode depends upon a consciousness of American dignity. But if Spain has hitherto declined to acknowledge what the elder branch of the Bourbons thought honorable to declare, yet will it be too strange, that England ranks before her in the date and the benefits of the acknowledgment.

There are more powers than you know of, who are making advances to America; some of them I have personally received; but you easily guess that no treaty would be so pleasing as the one with Spain. The three natural enemies of Britain should be strongly united. The French alliance is everlasting, but such a treaty between the friends of France is a new tie of confidence and affection. The Spaniards are slow in their motions, but strong in their attachments. From a regard to them, but still more out of regard to France, we must have more patience with them than with any other nation in Europe.

But peace is likely to be made, and how then can the man, who advised against your going at all, propose your remaining at a Court where you are not decently treated? Congress, I hope, and through them the whole nation, do not intend their dignity to be trifled with, and, for my part, I have no inclination to betray the confidence of the American people. I expect peace, and I expect Spain to act by you with propriety; but should they hesitate to treat you as a public servant of the United States, then, however disagreeable the task, Mr Carmichael had better go to Paris where France may stand a mediator, and through that generous common friend, we may come to the wished for connexion with the Court of Spain.

With a high regard and sincere affection, &c.

LAFAYETTE.

TO ROBERT R. LIVINGSTON.

Cadiz, February 5th, 1783.

Dear Sir,

On the 7th of December, I had the honor to write to you from Brest, and my letters down to that date have contained accounts of our political affairs. Since which time, I have been taken up in preparations of a plan that would have turned out to the advantage of America; indeed, it exceeded my first expectations, and to my great surprise, the King of Spain had not only consented his forces should co-operate with us, but on the consideration of obtaining a necessary diversion, he had been induced by Count d'Estaing to approve my being detached into Canada with a French force. Nay, had the war continued, I think that, if not for love, at least on political motives, they would have consented to offer pecuniary assistance.

The conditions of the peace I do not dwell upon. I hope they are such as will be agreeable in America. They have no doubt been sent from France, and the part that respects the United States will have been immediately forwarded for their ratification. I do not hope to send you the first tidings of a general peace. Yet I have prevailed upon a small vessel to alter her course, and my own servant is going with the despatches, to prevent either neglect or other accidental delays.

On the moment of my arrival at Cadiz, I began a close correspondence with Mr Carmichael. It at first respected money matters, but soon took a still more important turn. Having been officially asked my advice upon his future conduct, I gave it in a letter, of which the enclosed is a copy. Whatever light my opinion may appear in at Madrid, or elsewhere, I think it is consistent with the dignity of the United States. Now, Sir, while enjoying the hope of being in a few weeks on the American shore, I have a letter from Mr Carmichael, wherein he requests my assistance at Madrid. How far it may serve him I do not know; but since I am thought useful, I shall yield to my zeal for the service of America, I readily give up personal gratifications. On my arrival at Madrid, I shall have the honor to give you my opinion of our situation there. Among the Spaniards we have but few well wishers, and as they, at the bottom, hate cordially the French, our alliance, though a political, is not a sentimental consideration with them. But I wish a settlement of boundaries may remove the more immediate prospects of dispute. It is, I believe, very important to America; the more so, as she became a national ally to France, a national enemy to Britain. But the Spaniards will be forever extravagant in their territorial notions, and very jealous of the increase of American wealth and power. But it is good policy for us to be upon friendly terms with them, and I wish on my return to Paris, that I may carry for Mr Jay some hopes of better success in his Spanish negotiation.

I have just heard that both Floridas were given to Spain. This accounts for Lord Shelburne's condescension in fixing our Southern limits. The people of Florida will, I hope, remove into Georgia. But the Spaniards will insist upon a pretended right to an extent of country all along the left shore of the Mississippi. Not that they mean to occupy it, but because they are afraid of neighbors that have a spirit of liberty. I am sorry those people have the Floridas. But as we cannot help it, we must endeavor to frustrate Lord Shelburne's views, which I presume are bent upon a dispute between Spain and the United States. A day will come, I hope, when Europeans will have little to do on the northern continent; and God grant it may ever be for the happiness of mankind and the propagation of liberty.

On the perusal of my letter to Mr Carmichael, I beg you will remember it is calculated to undergo the inspection of both cabinets at Versailles and Madrid; and to be a proof against the unfriendly connexions of a Spanish Ministry. Be pleased to tell Mr Morris, that I remember his want of money extends further than occasions of war. At the time of my leaving France, I had been made to hope, but do not know for the present what has taken place. On my arrival at Madrid, I will be very attentive to that point, but shall take care to preserve the dignity of the United States, of which I have a proper and exalted sense.

In my determination to go to Madrid, I have consulted with Mr Harrison, a gentleman whose residence at this place enables him to know a great deal about the Spaniards. He has to this moment acted as a consul in this place; so far at least, as to serve his countrymen, and spend his own money; for he has no public character, and what he has done he undertook at Mr Jay's request. There ought, I think, to be a consul at this place, and if the appointment is deferred, several inconveniences will be laid upon the American trade. There is no gentleman, exclusive of what his voluntary services deserve, who could better fill the place than Mr Harrison, and was I to take the freedom to advise, I would warmly recommend him for the appointment.

So far as we know of the Spanish preliminaries, they give up their claim upon having Gibraltar, but keep Mahon, and have the two Floridas. The islands of Providence are returned to England. We hourly expect a French courier. Tobago excepted, they gave up their conquests in the West Indies, and have St Lucia again. Before the vessel is gone I hope to be more particular. As to the American preliminaries, they have long ago been sent to Philadelphia.

While I am writing a French courier is arrived. Enclosed you will find an extract of the preliminaries, such as they are, sent to me. May I beg you will please to communicate my letter to General Washington, though it is a public one, I may ask the favor from you, as I would otherwise have sent him a copy of it.

With the highest regard, I have the honor to be, &c.

LAFAYETTE.

P. S. I have just received a note from the French Ambassador at Madrid, whereby I find that my letter had a good effect.

TO THE PRESIDENT OF CONGRESS.

Cadiz, February 5th, 1783.

Sir,

Whatever despatch I make in sending a vessel, I do not flatter myself to apprize Congress with the news of a general peace; yet such are my feelings on the occasion, that I cannot defer presenting them with my congratulations. Upon their knowledge of my heart, I depend more than upon expressions, which are so far inadequate to my sentiments. Our early times I recollect with a most pleasing sense of pride; our present ones make me easy and happy. To futurity I look forward in the most delightful prospects.

Former letters have acquainted Congress, that, upon my intending to leave France, I had been detained by their Commissioners. To my letter of the 3d of December I beg leave to refer them for a further account of my conduct.

Now the noble contest is ended, and I heartily rejoice at the blessings of peace. Fortynine ships of the line and twenty thousand men are now here, with whom Count d'Estaing was to join the combined forces in the West Indies; and during the summer they were to co-operate with our American army. Nay, it had lately been granted, that, whilst Count d'Estaing acted elsewhere, I should enter the St Lawrence river at the head of a French corps. So far as respects me, I have no regret, but, independent of personal gratifications, it is known that I ever was bent upon the addition of Canada to the United States.

On the happy prospect of peace I had prepared to go to America. Never did an idea please me so much as the hope to rejoice with those to whom I have been a companion in our labors; but however painful the delay, I now must defer my departure. In the discharge of my duty to America no sacrifice shall ever be wanting, and when it had pleased Congress to direct that their Ministers should consult with me, it became my first concern to deserve their confidence.

From my letter to Mr Livingston an opinion may be formed of our situation in Spain; my advice has been called for, and I have given it; my presence is requested, and instead of sailing for America, I am going to Madrid, being so far on my way; and as Mr Jay is in Paris, I think it is better for me to go there. But unless Congress shall honor me with their commands, I shall embark in the course of June, and am eager for the moment when I may again enjoy the sight of the American shores.

Now, Sir, our noble cause has prevailed; our independence is firmly settled, and American virtue enjoys its reward. No exertions, I hope, will now be wanting to strengthen the Federal Union.

May the States be so bound to each other, as forever to defy European politics. Upon that union their consequence, their happiness, will depend. This is the first wish of a heart more truly American than words can express.

With the highest respect I have the honor to be, &c.

LAFAYETTE.

TO THE COUNT DE FLORIDA BLANCA.

Translation.

Madrid, February 19th, 1783.

Sir,

Having had the honor to confer with your Excellency on the objects relative to the United States, and being soon to repair to the American Congress, I wish to be fully impressed with the result of our conversations. Instead of the indifference, and even of the divisions, which another nation would be glad to foresee, I am happy to have it in my power to inform the United States of your good dispositions. It is to you, Sir, I am indebted for this advantage, and in order to make it complete, and to make myself certain that I forget nothing, give me leave to submit to your Excellency the account which I intend to lay before Congress.

His Catholic Majesty desires, that a lasting confidence and harmony may subsist between him and the United States, and he is determined on his part to do everything that will be necessary to keep it up. The American Chargé d'Affaires is at this moment received as such, and your Excellency is going to treat of the interests of the two nations. As you wish to show Mr Jay every kind of regard, you wait only till the Count d'Aranda shall have notified your dispositions to him, before you present Mr Carmichael to his Majesty.

With respect to the limits, his Catholic Majesty has adopted those that are determined by the preliminaries of the 30th of November, between the United States and the Court of London. The fear of raising an object of dissension, is the only objection the King has to the free navigation of the river Mississippi. The Virginia tobacco, and the naval stores, may furnish matter for reciprocal conventions in the treaty, and by means of the productions of America, arrangements might be made which would be useful to her finances. When I had the honor to speak to you in favor of a diminution of the duties on codfish, you answered, that it would be necessary to give to France a similar advantage, and that by virtue of former treaties, the English might set up pretensions to the same; but that you will do in every respect all that will be in your power to satisfy America.

I would with very great pleasure touch upon every detail, which may enter into a connexion between Spain and the United States, but I am not to be concerned in this happy work. The Ministers of the United States, and the one whom you may send thither are to make it their business, and I content myself with reminding you of the general ideas you have given me. A word from you will satisfy me that I have not omitted anything. The dispositions of his Catholic Majesty, and the candor of your Excellency, will leave no pretexts for misrepresentations. The alliance of the House of Bourbon with the United States is founded on reciprocal interest; it will still acquire greater strength from the confidence which your Excellency wishes to establish.

Such, Sir, are the conclusions, which I have drawn from our conferences, and the account which I intend to give to Congress, without having any mission for that purpose. I am acquainted with the sentiments of Congress, and I am convinced they will set a just value upon your dispositions. In permitting me to acquaint them with these particulars, you will have a claim to my personal gratitude. To the assurance of this I join that of the respect, with which I have the honor, &c.

LAFAYETTE.

COUNT DE FLORIDA BLANCA TO M. DE LAFAYETTE.

Translation.

Pardo, February 22d, 1783.

Sir,

I cannot comply better with your desire, than by asking your leave to give you here my answer. You have perfectly well understood whatever I have had the honor to communicate to you, with respect to our dispositions towards the United States. I shall only add, that although it is his Majesty's intentions to abide, for the present, by the limits established by the treaty of the 30th of November, 1782, between the English and the Americans, yet the King intends to inform himself particularly whether it can be in any ways inconvenient or prejudicial to settle that affair amicably with the United States.

I have the honor to be, &c.

COUNT DE FLORIDA BLANCA.

TO THE COUNT DE FLORIDA BLANCA.

Translation.

Madrid, February 22d, 1783.

On receiving the answer of the Count de Florida Blanca, I desired an explanation respecting the addition that relates to the limits. I was answered, that it was a fixed principle to abide by the limits established by the treaty between the English and Americans, that his remarks related only to mere unimportant details, which he wished to receive from the Spanish commandants, which would be amicably regulated, and would by no means oppose the general principle. I asked him, before the Ambassador of France, whether he could give me his word of honor for it. He answered me, he would, and that I might engage it to the United States.

LAFAYETTE.

TO ROBERT R. LIVINGSTON.

Bordeaux, March 2d, 1783.

Dear Sir,

Upon the news of a general peace, I had the honor to write to you, and took the liberty to address Congress in a letter, of which the enclosed is a duplicate. Those despatches have been sent by the Triomphe, a French vessel, and by her you will also have received a note of the general preliminaries.

The reasons of my going from Cadiz to Madrid being known to you, I shall only inform you, that upon my arrival there, I waited upon the King, and paid a visit to the Count de Florida Blanca. Independent of my letter to Mr Carmichael, of which you have a copy, I had very openly said, that I expected to return with him to Paris. So that after the first compliments, it was easy for me to turn the conversation upon American affairs. I did it with the more advantage, as I had beforehand fully conversed with Mr Carmichael, who gave me his opinion upon every point, and I was happy to find it coincided with mine.

In the course of our conversation, I could see, that American independence gives some umbrage to the Spanish Ministry. They fear the loss of their Colonies, and the success of our revolution appears to be an encouragement to this fear. Upon this subject their King has odd notions, as he has indeed upon everything. The reception of Mr Carmichael they wanted to procrastinate, and yet they knew it must be done. In offering my opinion to Count de Florida Blanca, I did it in a very free manner. I rejected every idea of delay. I gave a description of America, and of each of the States, of which Count de Florida Blanca appeared to know very little. While I abated their fears from our quarter, I endeavored to awaken them upon other accounts. It is useless to mention the particulars of this conversation, which lasted very long, and which he promised to lay before the King. In two days he said he should pay me a visit at Madrid.[2]

Agreeably to the appointment, I waited for Count de Florida Blanca, and there, in presence of the French Ambassador, he told me that the King had determined immediately to receive the Envoy from the United States. Our conversation was also very long, and I owe Count de Montmorin the credit to say, that not only at that time, but in every instance where he could operate on the Count de Florida Blanca in our favor, he threw in all the weight of the influence of France.

It was on Wednesday that I received Count de Florida Blanca's visit. In conformity with the Spanish style, he endeavored to delay our affairs. I took the liberty to say, that on Saturday I must set out, and it was at last fixed that on Friday, Mr Carmichael should deliver his credentials, and on Saturday would be invited to the dinner of the foreign Ministers.

As to more important matters, I conversed upon the affair of limits, and upon the navigation of the Mississippi, to the last of which points I found him very repugnant. I spoke upon the codfish duties. I wanted to have a preference engaged for in writing, upon all bargains respecting tobacco and naval stores; in a word, I did my best, and would have been more particular in point of money, had not the Minister's answer put it out of my power to do it in any other way, than such as was inconsistent with the dignity of the United States.

As Count de Florida Blanca was taking leave, I told him that my memory must be somewhat aided. I proposed writing to him, and getting from him an answer. To this he first objected, but afterwards consented, saying, however, that his word was as good as his writing. And as I had been sometimes a little high toned with him in behalf of America, he added, that Spain was sincere in her desire to form an everlasting friendship, but did not act out of fear. I had before observed, that it was on Spain's account that I wished for a good understanding between her and America.

The reading of my letter, a copy of which I enclose, will better inform you of the points that have been either wholly or partially granted. I endeavored to make the best of our conversations, and to engage him as far as I could. On the other hand, I kept our side clear of any engagement, which it was easy for me to do in my private capacity. I did not even go so far as general professions. But since I had been called there, I desired only to induce him into concessions that might serve the purposes of Mr Jay. My letter was delivered on Thursday. The next day I accompanied Mr Carmichael, who is much and universally beloved and respected in that country. On Saturday, before dinner, I received the answer, which for fear of ambiguities, I had requested to be given at the end of the letter. A sentence of the answer I made him explain before the French Ambassador. Herein are joined those copies, and I keep the original for Mr Jay, whose political aid de camp I have thus been. I have of course referred to him everything, and this negotiation, wherein he has exercised the virtue of patience, will now require his care and his abilities. The Ministers of some powers, Prussia among them, having asked me if Congress would be willing to make an advance towards them, I have answered, that the United States ought in my opinion not to make, but to receive advances.

At the same time I was employed in conversation with Count de Florida Blanca, I did not neglect speaking upon the same subject with the other Ministers. M. de Galvez, in whose department the Indies are, appears much averse to the English limit. He has for the present sent orders to the Spanish governors, to abide by those limits, and an official copy of those orders has been promised to me. But M. de Galvez was of opinion, that those limits would not do. I have therefore thought it proper, officially by writing, and before witnesses, so effectually to bind them, that the affair of limits cannot now but be settled on their side. Independent of their hand writing, France, through her Ambassador, is a witness to the engagement; and yet, being in a private capacity, I took care not to engage America to anything.

Never was a man further from a partiality for Spain than I am. But I think I now have left them in a sincere and steady intention to cultivate the friendship of America. The French party at that Court will be for it. They labor under fits of occasional madness. They have an ill conducted pride. It is disagreeable to treat with them, and their own interest does not persuade them out of their prejudices. But though they had rather there were not such a place as North America, they are truly and earnestly desirous to maintain a good harmony and live in friendship and neighborly union with the United States. The Mississippi is the great affair. I think it is the interest of America to be well with Spain, at least for many years; and particularly on account of the French alliance; so that I very much wish success to Mr Jay's negotiations. I have advised Mr Carmichael to continue his conferences, and I think they will be of service.

On my arrival at this city, I hear that Lord Shelburne is out of place, and has been succeeded by Lord North. But I cannot give it as certain. The American flag has already made its appearance before the city of London.

Upon the principles of an unbounded zeal for America, can I be permitted to repeat, that every American patriot must wish that the federal union between the States may continue to receive additional strength? Upon that intimate national union their happiness and their consequence depend.

Hoping that my voluntary excursion to Madrid may have somewhat prepared the way to fulfil the intentions of Congress, I hasten to join Mr Jay, whose abilities will improve the account I shall lay before him.

I have the honor to be, with the most affectionate regard, &c.

LAFAYETTE.

FOOTNOTE:

[2] The Court was then at Pardo.

ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.

Philadelphia, May 1st, 1783.

Dear Sir,

I am now to acknowledge your favor of the 5th of February, by the Triomphe, and that of the 2d of March, from Bordeaux. You were the happy messenger of glad tidings on both occasions. Before her arrival we had received no account of the signature of the general preliminaries, or of the cessation of hostilities. You can easily conceive the joyful reception it met with here, where we began to be heartily tired of the war; nor was it less welcome intelligence to the army, than to the other citizens of America.

The second letter, which promises a happy settlement of all differences with Spain, was flattering to those among us who knew the importance of her friendship, both in a commercial and political view. Congress feel themselves under great obligations to you, for the ardor you discovered in accelerating this happy event; and the address with which you placed it in such a train as to make it difficult for the Spanish Minister to go back from his engagements.

By this conveyance I send our Ministers the ratification of the provisional articles. Carleton and Digby have sent out their prisoners, and we are making arrangements to send in ours. Congress having determined on their part to do, not only all that good faith may require, but by this mark of confidence to convince them, that they have no doubt of the sincerity of their professions. Our Ministers will show you the letters that have passed between Carleton and me. Some among us, from finding nothing yet done that leads to the evacuation of New York, have been apprehensive that the British will effect delays on that subject, till the tories are satisfied, which I can venture to tell you in confidence they never will be unless the English shall on their part repair all the cruel losses they have unnecessarily occasioned. I this moment received a letter from the General, informing me, that he had proposed a personal interview with Carleton, in hopes of learning something of his intentions with respect to the evacuation, but I fear he will be deceived in this hope, if I may judge from the debates of the 3d of March, which prove that no orders had then been transmitted.

I cannot leave writing, without expressing how sincerely I agree with you, in your wishes that unanimity may prevail, and the band of union among us be strengthened; there is no thinking man here, who does not at the same time feel the necessity and lament the difficulty of effecting a measure, on which our happiness so greatly depends. Congress have made some general arrangements in their finances, which if adopted by the several States, will render our national debt a national tie, which time and experience may strengthen. Our Ministers will show you those resolutions; I will not therefore unnecessarily burden Colonel Ogden with them. For general information I refer you to him,

And have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Chavaniac, in the Province of
Auvergne, July 20th, 1783.

Sir,

Having been for some days in the country, where I am waiting for the arrival of the Triomphe I am honored with your Excellency's favor of the 12th of April, which I hasten to acknowledge. It is for me a great happiness to think, that Congress have been pleased to approve my conduct, and that an early intelligence has proved useful to our American trade. To my great satisfaction I also hear, that my endeavors in Spain have been agreeable to Congress. Upon my arrival in Paris I made Mr Jay acquainted with my proceedings. The concessions I had obtained from the Spanish Court (without any on our part) were also put into his hands. Since which I could have no more to do in the negotiations, wherein I had taken the part of a temporary volunteer.

However repeated may have been the marks of confidence, which Congress have conferred upon me, they ever fill my heart with a new satisfaction. What you have mentioned respecting payment of debts, will of course become my first and most interesting object. I have warmly applied to the French Ministry, and will on that point solicit the confidence of the gentlemen in the American Commission. But upon hearing of an opportunity, I could not an instant defer to acknowledge your Excellency's letter. Agreeably to the last despatches, I am waiting for the orders which I hope to receive by the Triomphe. Any commands which Congress may have for me, shall be cheerfully executed, by one of their earliest soldiers, whose happiness it is to think, that at a less smiling moment he had the honor to be adopted by America, and whose blood, exertions, and affections, will in her good times, as they have been in her worst, be entirely at her service.

It appears Russia is determined upon a Turkish war, and should they give it up now, the matter would only be postponed. What part the Emperor is to take, we cannot at present so well determine. Whenever the way is opened to me, I endeavor to do that which may prove agreeable to Congress, and intend to keep them acquainted with political occurrences. It is a pleasing idea for me now to think, that nothing can derange our glorious state of liberty and independence. Nothing, I say, for I hope measures will be taken to consolidate the Federal Union, and by those means to defeat European arts, and insure eternal tranquillity.

With the highest respect, I have the honor to be, &c.

LAFAYETTE.

P. S. Congress have no doubt received accurate accounts respecting the affair of free ports. On my arrival from Spain, I found that Bayonne and Dunkirk had been pitched upon, and I immediately applied for L'Orient and Marseilles. L'Orient is by far the most convenient on the coast, and we now have got it. That being done, I am again applying for Bayonne, which has some advantages, and I wish Congress would send orders to Mr Barclay. In the meanwhile, the more free ports we have the better. This affair of free ports, the subject which Congress have recommended, and the despatches I am directed to expect by the Triomphe, will determine the time when, having no more American business here, I may indulge my ardent desire to return to the beloved shores of America.

LAFAYETTE.

TO THE PRESIDENT OF CONGRESS.

Nantes, September 7th, 1783.

Sir,

In consequence of the late arrangements, the French September packet is about to sail, and I beg your Excellency's leave to improve that regular, speedy, and safe opportunity. At the same time, Congress will receive a definitive treaty. But upon this point, since I left Madrid, my services have not been wanting. From our Commissioners, Congress will of course receive better information. This one object I must however mention, which respects American debts. As soon as I knew the wishes of Congress, I did, as I ever shall in such a case, earnestly apply to the French Ministry and the American Commissioners. But I was answered that it could not be done, and did not even consist with the powers of the British Ministry. After which, and at that time of the negotiation, I had no means to improve the hint I had received from your Excellency.

As to mercantile affairs in France, Mr Barclay will acquaint Congress with their present situation. Bayonne and Dunkirk having been pointed out as American free ports, and the opinion of Congress not being known, I took upon myself to represent the harbor of L'Orient as preferable to either of those abovementioned. It has lately been made a free port; and I now wish the affair of Bayonne may be again taken up. Those three ports, with Marseilles, would make a very proper chain, and in the meanwhile, I hope L'Orient will prove agreeable to the American merchants.

There now exist in this kingdom many obstacles to trade, which I hope, by little and little, will be eradicated, and from the great national advantages of this country over England, it will of course result that a French trade, generally speaking, must prove more beneficial to America. Upon many articles of American produce I wish preference may be obtained from this government, and besides commercial benefits in Europe, your Excellency feels that West India arrangements cannot easily be adjusted, with European notions and at the present costs. Upon those objects, Mr Barclay has had, and again will have, conferences with the Ministers. Circumstanced as we now are, he is, and the Commissioners also are of opinion, that my presence in France may be serviceable. As he was pleased to apply to me on the subject, saying he would mention the matter to Congress, and as their orders which I was to expect have not yet reached me, I think it my present duty, and it ever shall be my rule, to do that in which I hope to serve the United States.

Warlike preparations are still going on in the eastward. Immediately after she had signed a commercial treaty with the Turks, it pleased the Empress of Russia to seize upon the Crimea under a frivolous pretence. Her armies are ready to take the field, stores and troops have been collected upon the borders of the Black Sea, and the Turks are making immense, but I think not very formidable, preparations. By our last accounts the Austrians were gathering upon those borders, which lead towards an invasion of Turkish Provinces; and it is thought by many, that for fear of the plague, the two Imperial powers will prefer winter operations. How far matters may be carried, or compromised, cannot yet be well determined. What part France, Prussia, and England will take, is not yet known. The Levant trade cannot but be interested in the affair.

In every American concern, Sir, my motives are so pure, my sentiments so candid, my attachments so warm and so long experienced, that from me nothing, I hope, will appear intruding or improper. Upon many points lately debated, my opinions, if worth a remark, are well and generally known. But I must frankly add, that the effect which some late transactions have upon European minds cannot but make me uneasy. In the difficulties, which a patriotic and deserving army have met with, Europeans have been misled to conceive a want of public gratitude. In the opinions that have from every quarter been stated, Europeans have also mistaken partial notions for a want of disposition to the Federal Union; and, without that Union, Sir, the United States cannot preserve that dignity, that vigor, that power, which insures the glory and the happiness of a great, liberal, and independent nation. Nay, it would be ill fate to us, who have worked, fought, and bled in this cause, to see the United States a prey to the snares of European politics. But I am only mentioning the opinions of men on this side of the water, and in my heart, I hope everything will be adjusted to the satisfaction of that part of the citizens, who have served in the army, and that other part in the civil line, who, during the war, have sympathised with their troops. I, above every other earthly wish, most fervently pray, that the enemies of liberty, or such as are jealous of America, may not have the pleasure to see us deviate from the principles of the Federal Union. And upon a recollection of my introductory apology, I hope the observations I humbly offer will be as kindly received, as they are respectfully and affectionately presented.

When it is thought my presence here can be dispensed with, or in case the situation of affairs should persuade me it were more useful in America, I will not delay to join a wished for and beloved land. Any orders or commands whatever, which Congress may be pleased to give me, I shall most cheerfully obey; and as every moment in my life is devoted to the love and respect of the United States, so will it ever be my happiness to serve them.

With every sentiment of an affectionate regard, I have the honor to be, &c.

LAFAYETTE.

TO THE PRESIDENT OF CONGRESS.

Paris, December 26th, 1783.

Sir,

Having received no commands from Congress by the last packet, I must, however, trespass upon their time to give them a few hints respecting American commerce. I have of course directed them to Mr Morris; and although Dr Franklin (the other Ministers being in England) will give you political intelligence, I cannot help adding, that by a refined piece of cunning, the King of England has got Mr Fox out of the Ministry. After having entangled him by a success in the House of Commons, he found means to stop him short in the House of Lords; in consequence of which Mr Fox has been dismissed. Mr Pitt, and the last of the Temples called in, and the new administration, (Lord North being also out) necessitates the calling of a new Parliament.

The affairs between Russia and the Ottoman Empire are still negotiating, and although in my opinion a war cannot be much deferred in that quarter, there is no probability of its taking place so soon as next summer. The Emperor is in Italy, upon which some say he has also got an eye, and there he will meet with the King of Sweden. There is no change in the French Ministry, since M. de Calonne has succeeded to M. de Omillon, and Baron de Breteuil to M. Amelot, both of whom are more sensible than their predecessors.

Unless I have some commands from Congress to execute in Europe, I shall in the Spring embark for America, and present them with the personal homage of one, whose happiness is to feel himself forever a zealous member in the service of the United States.

With the utmost regard, and affectionate attachment, I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.

Mount Vernon, November 25th, 1784.

Dear Sir,

Although I hope in a few days to have the pleasure of seeing you, I must beg leave to mention a matter, which has not a little hurt my feelings. You probably know that on my way, passing through New York, and particularly on my visit to Albany, it was intimated my presence at the Indian treaty would be of some use to the public. At Fort Schuyler I was desired to speak to the Indians, which I did, and the Commissioners had the papers filled up with their other transactions. But copies were taken, which was thought then a matter of no consequence. The enclosed letter from Mr St John, and the gazette that accompanied it, will show you that from the most obliging and humble motives in the world, he attempted to translate and print such incorrect parts of the relation as he had been able to come at. Had his kind intentions only given him an instant to reflect, he might have seen the impropriety of that measure, but in the meanwhile, it looks as if it had my consent; and such deviation is it from the manner in which our servants of the United States ever did business, that out of respect for Congress, for the Commissioners, and myself, I could not rest easy until the matter should be fully explained. Enclosed in my letter to the French Consul, which, after you have taken out such extracts as you think proper, I beg you will seal up and send by the bearer. Indeed, my Dear Sir, upon your friendship I depend to have this little circumstance officially laid before Congress, and should these letters be worth their reading, it will be, I hope, a satisfactory explanation of the affair.

In the first days of next month I shall have the pleasure to meet you at Trenton, and at that time will have the opportunity of conversing with you on several subjects. No answer from you ever came to hand.

I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Versailles, February 8th, 1785.

Dear Sir,

After thirty days passage, I was safely landed at Brest, and am so lately arrived in Paris, that I had better refer you to your Ministerial intelligence. In consequence of Austrian demands upon the Dutch, and the gun these have fired at —— forty thousand men were sent to the Low Countries by the Emperor, and a second division was in motion the same way, when France gave orders for two armies to be got in readiness, the one, probably, in Flanders, and the other in Alsace. Holland is gathering some troops, the greater number purchased in Germany, and will have at the utmost, thirty thousand men in the field. Count de Maillebois, an old and able French General, has been demanded by them. Russia seems friendly to the Emperor; and although the Stadtholder is a friend to the King of Prussia, while the patriots are wholly attached to France, yet Prussia will, no doubt, side in politics with France, and the Stadtholder will command his own country's troops.

A grand plan is spoken of, whereby the Emperor would endeavor to obtain Bavaria, and in return, give the Low Countries to the Palatine House; a bargain, which betters and increases the Imperial forces. Under these circumstances, negotiations cannot but be very interesting. Although the freedom of Holland, and the protection of the German Princes, are very proper objects for France to support, yet a war with the Emperor must be peculiarly disagreeable to the Court. It will certainly be avoided, if consistent with the liberties of Holland, with faith, and dignity; and, upon the whole, I am strongly of opinion, that no war will take place, at least for this year. The appearance of things, however, is still warlike enough to have made it proper for me to be arrived at the time I did; an idea, I confess, the more necessary for the situation of my mind, as I most heartily lamented the shortness of this visit to America, and the obligation I had been under to give up favorite plans, and break off more agreeable arrangements. The officers of the regiments under marching orders, Colonels excepted, have joined their corps. But I hope matters will be compromised; and such at least is my private opinion; but even they, who know more than I do on the subject, would, perhaps, find it difficult to form a precise one.

The Ministers of Congress will, no doubt, inform you of the situation of their negotiations in Europe. You will have seen M. de Castine's compliance with engagements. He had taken a letter to me, which Mr Morris laid before Congress. Nothing new was granted, and although the suspended decisions about flour and sugars were favorable to them, the French merchants have complained of what has been obtained. In every country, mercantile prejudices wear off by little and little.

I beg, my Dear Sir, you will forgive the hurry in which I write. Be pleased to remember me to all our friends.

I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Paris, March 19th, 1785.

Dear Sir,

I have been honored with your letter of January the 19th, and am happy to hear that federal ideas are thriving in America. The more I see, hear, and think in Europe, the more I wish for every measure that can ensure to the United States, dignity, power, and public confidence. Your three Ministers being in Paris, they will, of course, acquaint you with the present state of America, and also of European politics. Great Britain perseveres in her ill-humor. Spain in her ill-understood policy. On my arrival, I repeated what I had written; namely, the idea of getting New Orleans, or at least to advise the Spaniards to make it a free port. The former is impossible. As to the second, I had no positive answer, but I am sure my opinion was not thrown away. However, I confess it is difficult to make converts of a Spanish cabinet. You know them better than I do.

Negotiations in Europe are still going on, and there is every reason to hope this will be terminated without bloodshed. Enclosed you will find a declaration, which has been published officially in some measure, in the Leyden Gazette. Count de Maillebois is now in Holland, where they are raising troops, and where parties run very high. In the meanwhile, the Emperor had another plan in view, of which I wrote to you in my last letters; it was to exchange his dominions in the Low Countries for the Electorate of Bavaria. But, fortunately for all the members of the empire, the Duke of Deux Ponts, nephew and heir to the Elector, has firmly opposed it. A report had been spread, that the Emperor had intended to surprise Maestricht. But although matters are not yet finally settled, I am pretty certain there will not be this year any Dutch war, nor Bavarian war, both of which could not fail to involve France. It is, however, difficult to be decided in an opinion upon a matter, which the ideas of one man may derange.

You speak to me of the introduction of flour in the West Indies. My wishes and my efforts are not unknown to you. But such clamors have been raised by the merchants against what we lately have obtained, that our efforts now, must be directed towards holding it fast. Those people are encouraged by the narrow politics of England, who, say they, have all the trade of America. I have appointed a conference with the Duc de la Vauguyon, who is setting out for Spain, and I will tell him everything I know respecting the Mississippi.

Your Ministers will, probably, write to you respecting the Algerine business. What information I can collect will be presented to them.

I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Paris, May 11th, 1785.

Dear Sir,

This opportunity being very safe, Congress will have been fully informed by their Minister and the bearer, Mr John Adams's son, who is himself very well fit to give them proper intelligence.

The appearances of a war are more and more remote. Politicians do, however, look towards the Ottoman Empire. The Emperor is restless. The Empress of Russia is ambitious; the King of Prussia is old; a King of the Romans is to be elected; an arrangement for Bavaria, a reason or a pretence, an interest or a whim might set fire to combustible matters; but it is not expected for the present.

As it seems to me that favors granted to American importations are one of the best services that can be rendered to American trade, I wish it had been possible to obtain a total abolition of duties upon whale oil. But in this moment government are taken up with a scheme to revive that fishery in France. It was therefore necessary to follow a round about course, and Mr Adams is charged with some private proposals, which may be advantageous.

In a few days I intend visiting Nismes, Montpellier, and Rochelle, which are manufacturing and trading towns. I hope my little journey may not be quite useless; after which I shall go to Berlin and Silesia, to Vienna and Bohemia, where the King of Prussia, and the Emperor, at several periods of the summer, have grand manœuvres executed by their troops. Should I in those visits find the least opportunity to gratify my zeal for the United States, I should think myself more happy than I can expect, and as much so as your patriotic heart can feel.

With the most sincere regard and affection, I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Vienna, September 6th, 1785.

Dear Sir,

The enclosed is a Memorial in behalf of M. d'Argaynarats, which has been recommended to me by persons of the most respectable character. It seems M. d'Argaynarat's situation is very particular, and the distress of himself and family very urgent. As in the number of petitions that may be received, it is not possible for Congress to be acquainted with the family affairs of individuals, I hope it is not improper for me to lay before them this particular case; and while it is officially presented by others, not to withhold my certificate of the accounts which respectable characters have given me about M. d'Argaynarat's present distresses.

With the highest and most affectionate regard, I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Paris, February 11th, 1786.

Dear Sir,

I have not for a long time had the honor to address you, either in public or private letters. This has been owing to a tour I made through several parts of Europe, and to a derangement in the packets, which, to my great concern, I found to have taken place during my absence.

In the course of a journey to Prussia, Silesia, the Austrian dominions, and back again to Berlin, I could not but have many opportunities to improve myself by the inspection of famous fields of battle, the conversation of the greatest Generals, and the sight of excellent troops; those of Prussia particularly exceeding my expectations. I had occasions not less numerous to lament the folly of nations, who can bear a despotic government, and to pay a new tribute of respect and attachment to the constitutional principles we had the happiness to establish. Wherever I went, America was of course a topic in the conversation. Her efforts during the contest are universally admired; and in the transactions, which have so gloriously taken place, there is a large field of enthusiasm for the soldier, of wonder and applause for the politician; and to the philosopher, and the philanthropist, they are a matter of unspeakable delight, and I could say of admiration. Those sentiments I had the pleasure to find generally diffused. But to my great sorrow, (and I will the more candidly tell it in this letter, as it can hurt none more than it hurts myself,) I did not find that every remark equally turned to the advantage of my pride, and of that satisfaction I feel in the admiration of the world for the United States.

In countries so far distant, under constitutions so foreign to republican notions, the affairs of America cannot be thoroughly understood, and such inconveniences as we lament ourselves are greatly exaggerated by her enemies. It would require almost a volume to relate how many mistaken ideas I had the opportunity to set to rights. And it has been painful for me to hear, it is now disagreeable to mention, the bad effect which the want of federal union, and of effective arrangements for the finances and commerce of a general establishment of militia have had on the minds of European nations. It is foolishly thought by some, that democratical constitutions will not, cannot, last, that the States will quarrel with each other, that a King, or at least a nobility, are indispensable for the prosperity of a nation. But I would not attend to those absurdities, as they are answered by the smallest particle of unprejudiced common sense, and will, I trust, be forever destroyed by the example of America. But it was impossible for me to feel so much unconcerned, when those points were insisted upon, for which I could not but acknowledge within myself there was some ground; although it was so unfairly broached upon by the enemies of the United States. It is an object with the European governments to check and discourage the spirit of emigration, which, I hope, will increase among the Germans, with a more perfect knowledge of the situation of America. And while I was enjoying the admiration and respect of those parts of the world for the character of the United States; while I was obliged to hear some remarks, which, although they were exaggerated, did not seem to me quite destitute of a foundation, I heartily addressed my prayers to heaven, that by her known wisdom, patriotism, and liberality of principles, as well as firmness of conduct, America may preserve the consequence she has so well acquired, and continue to command the admiration of the world.

What I now have the honor to write, is the result of conversations with the principal characters in the countries I have visited; and particularly the Austrian and Prussian Ministers, the Emperor, Duke of Brunswick, Prince Henry, a man equally great and virtuous, the Prince Royal, and the King of Prussia. With the last I have often dined in the company of the Duke of York, second son to his Britannic Majesty, when American affairs past and present were brought on the carpet, and sometimes in a manner not a little embarrassing for an English Prince. My stay at Vienna was short, but I had a very long conference with the Emperor, in which we spoke much of the American trade, and I found he had imbibed British prejudices. The next day Prince de Kaunitz introduced the same subject to me, and expressed some astonishment, that the United States did not make advances towards the Emperor. I answered, advances had been made formerly, and more than were necessary on the part of America, whom there was as much occasion to court, as for her to seek for alliances. But that my attachment to his Imperial Majesty made me wish he would address, on that business, the Ministers of Congress, now at Paris and London, through the medium of his Ambassadors. I added, that the best measure to be taken immediately, was to open the Italian ports to American fish. But I do not think the United States will ever find a very extensive commercial benefit in her treaties with that Court.

In everything that concerns France, my respected friend Mr Jefferson will give you sufficient information. The affair of American commerce wears a better prospect than it has hitherto done; so far at least, that a committee has been appointed to hear what we have to say on the trade between this kingdom and the United States.

The King of Prussia is very unwell, and cannot live many months. His nephew is an honest, firm, military man. From the Emperor's temper a war could be feared. But our system is so pacific, and it will be so difficult for England to involve us in a quarrel without acting a part which she has no interest to do, that I do not think the tranquillity of Europe will he deranged. Holland is checking Stadtholderian influence, but no further. The King of Naples and his father are quarrelling on account of a Minister, leaning to the House of Bourbon, and devoted to other powers, whom the son wants to keep. I had lately an opportunity to know, that the last revolt in Peru has lost a hundred thousand lives; but from the same account I find that those people are far remote from the ideas which lead to a sensible revolution.

I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Paris, October 28th, 1786.

Dear Sir,

Owing to several circumstances, and particularly to a journey I have made through some garrison towns, your favor of June the 16th has reached me very late. That there should remain the least doubt with M. Gardoqui respecting the adoption of the English limits, is a matter of amazement to me. The original letter having been sent I herewith enclose a copy, with a few observations. I think its presentation to M. Gardoqui will the better convince him, as he knows Count de Florida Blanca's respect for his own word of honor. And may I be allowed to add, that the more this letter is known, the better it will impress the public with ideas favorable to the Spaniards, and the Spaniards, with a sense of engagements, which men of honor cannot trifle with.[3]

As to the navigation of the Mississippi, you know better than I what are the strong prejudices of that Court against it. But we both know equally well, that in a little time we must have the navigation one way or other, which I hope Spain may at last understand.

It has been said in some newspapers, that the Floridas should be given up to France. But nothing has come to our knowledge, which gives the least ground for an idea of that kind. As Mr Jefferson sends you a letter relative to commerce, which improves the condition of the treaty with England, whereby she has no claims on the favors enjoyed by the United States, although she is to be treated like the other most favored nations, and as M. Dumas is writing on Dutch affairs, I will only beg leave to inform you, that the appointment of the convention has had already a good effect in Europe, and that great benefit will be derived on this side of the water also, from the commercial and federal measures, which it is my happiness to hear are now under consideration.

Although there may be a diversity of opinions, whether a peace must be purchased at any rate from the Barbary Powers, or a war must be carried on against them until they come to proper terms, there can in no mind be any doubt about the advantages of a third measure, which is a confederacy of six or seven powers, each of them giving a small quota, and the reunion of which would ensure a constant and sufficient cruise against those pirates, and after they are brought to terms, would guard against the breaking of a peace which the powers would mutually guarranty to each other. Portugal, Tuscany, Naples, Venice, and Genoa, are now at war with those regencies. I would like at the same time to have the armament so managed as to use American flour, fish, and naval stores. This plan is not as yet very well digested in my head, but I beg leave to submit to Congress the propriety of impowering their Ministers to stipulate for such an arrangement.

I have the honor to be, &c.

LAFAYETTE.

P. S. In case Congress have no particular orders for me, (in which case I should be most happy to wait on them, either as a soldier in their armies, or in any other manner) I may perhaps accept the invitation of the Empress of Russia, to be presented to her next spring in her new dominions of Crimea, which excite my curiosity. Should anything turn out that may employ me as a servant of the United States, I hope they know my zeal.

FOOTNOTE:

[3] See these letters to and from Count de Florida Blanca, above, pp. [30], [32].

TO JOHN JAY.

Paris, February 7th, 1787.

Dear Sir,

This letter goes in the first packet from Havre, a change advantageous both to passengers and correspondents, and through the hands of Colonel Franks, whose good conduct at Morocco has entitled him to a share of that respect, which has been deservedly paid to the American Embassy. Mr Barclay's refusal of the presents has been a matter of wonder to every African, and I dare say to some Europeans, whose accounts do full justice to him.

To Mr Jefferson's despatches I refer for useful intelligence. The affairs of Holland do not make a progress towards conciliation. It seems that the King of Prussia will not find himself the better for counteracting in many points, the line of conduct of his deceased uncle. A treaty of commerce is signed between France and Russia. The Empress has set out on her journey towards Crimea. She had permitted my waiting on her, but I am detained by the Assembly of Notables, an event not very common, neither expected, which does honor to the King and his Ministry, and will, I trust, be productive of public good.

I have had the honor to send copies of my old correspondence with the Count de Florida Blanca. The enclosed one will supply any accident that may have befallen the others. We are told, that the unhappy disturbances in New England have subsided. To us they do not appear so dangerous as to Europeans; but sufficiently so to give us a great deal of concern. May all Americans know the blessings of their own constitutions, and from comparison judge, that if they are to correct, it would be madness in them to destroy.

I hope the convention at Philadelphia will answer the essential and urgent purposes of the confederation, commerce, and the establishment of a uniform and republican militia. Each State has within itself the means fully sufficient to set right the opinions of mistaken citizens, and those means seem to me principally founded on the good sense, knowledge, and patriotic liberality of the people. Every wrong measure of theirs would hurt, not only the consequence of the United States, but also the cause of liberty in all parts of the world.

With the most sincere regard and attachment, I have the honor to be, &c.

LAFAYETTE.

TO JOHN JAY.

Paris, May 3d, 1787.

My Dear Sir,

Had I been sooner acquainted with Mr Forrest's departure, I would have given you more particular accounts of the latter part of our session, but have only time to enclose the speeches that were made by the heads of the several departments. Not that such etiquette speeches are in any way interesting on the other side of the Atlantic, but because you will in the same book find that of the Archbishop of Toulouse, wherein he gives the King's answer to the several demands of the Bureau. You will see, that if the madness and corruption of the late administration have laid us under a necessity to acknowledge that, after all other means would be exhausted, taxes must be employed to fill up the vacancy, yet we have gained not a little by the convocation of the Assembly. A more equal repartition of taxes, including the clergy, who hitherto had escaped them, and the powerful ones among the noblesse, who were not very exact; Provincial Assemblies on an elective principle, which, by the bye, are big with happy, very happy consequences, that will come to light as we go on; economies to the amount of forty millions at least; the destruction of interior custom houses; a modification of the Gabelle; an annual publication of the account of the finances; the printing of all pensions, gifts, &c.; more proper arrangements within some departments; and a more general instruction, habit of thinking on public affairs, &c. &c. are the good effects of this Assembly, which, although it was not national, since we were not representatives, behaved with great propriety and patriotism.

On the last day of our session, I had the happiness to carry two motions in my Bureau which were, I may almost say, unanimously agreed to; the one in favor of the Protestant citizens of France, the other for an examination of the laws, particularly the criminal ones. Enclosed is the resolve framed by the Bureau, which Count D'Artois, our President, presented to the King, and was graciously received. I was the more pleased with it, as some step of the kind, with respect to the protestants, that had been tried in the Parliament of Paris, had not the proper success. So far are we from religious freedom, that even in asking for tolerance, we must measure our expressions. I was more liberally supported, by a learned and virtuous prelate, the bishop of Langres, who spoke admirably on the religious motion I had introduced. You will see that the Bureau clogged it with many compliments to the Roman creed, to appease the priests and devotees.

I cannot express to you, my Dear Sir, what my feelings have been, whenever the unpaid interest of the American debt has been spoken of in the examination of the accounts. May the convention be the happy epocha of federal, energetic, patriotic measures! May the friends of America rejoice! May her enemies be humbled, and her censors silenced at the news of her noble exertions in continuance of those principles, which have placed her so high in the annals of history, and among the nations of the earth.

The archbishop of Toulouse is the ablest, and one of the most honest men, that could be put at the head of administration. He will be the prime influencer in everything, and we may depend upon him as a man equally enlightened and liberal.

I beg you will present my respectful compliments and those of Madame de Lafayette to Mrs Jay. Remember me to General Knox, Colonel Hamilton, Colonel Wadsworth, the Chancellor, Mr Madison, Doctor Cochran, the Governor, in a word, to all friends.

Please send the enclosed printed speeches, and copied resolves of the Bureau, to Mr Otho, who must be very desirous of getting them.

Most respectfully and affectionately yours,

LAFAYETTE.

TO JOHN JAY.

Paris, October 15th, 1787.

Sir,

The present state of politics having been laid before Congress, I shall the less intrude on their time with repetitions, as the late transactions in Holland have nothing pleasing to dwell upon. That the republican party have been disunited in many respects, and blinded in the choice of a General, that our cabinet have been treacherously deceived, are true, but insufficient apologies. The Ottomans, roused by England, will, probably, pay for their folly with one half of their empire. It now lies with England, whether a maritime war is to break out, which must involve the continent, and connect France with the two Imperial Courts. France is sincere in her politics and moderate in her pretensions, as it is the ardent wish of the King, Ministers, and nation, to devote themselves to internal improvements. But the affairs of Holland, those in the east, the giddiness of the King of Prussia's head, and British rancor for the assistance given to America, are causes of war, which, notwithstanding the disposition of this Ministry, may, probably, be blown up in Great Britain.

It is natural for a citizen and servant of the United States to consider what effect a maritime war would have upon them; and I am happy to find in their indulgence and long experienced confidence, every encouragement to offer my opinion.

A co-operation against a proud and rancorous enemy would equally please my politics as a Frenchman, my feelings as an American, my views as an individual. I was nine years ago honored with the choice of Congress, to command an army into Canada, and never have I ceased to enjoy the prospect of its enfranchisement. A successful war, too, might divide the fisheries between France and America. But are not the United States so circumstanced for the present, as to render a war too expensive for them and too dangerous to their commerce?

Convinced as I am, that it is the case, I think myself bound in duty and love for them, not to indulge my ambition further than a neutrality useful to them and favorable to their allies. Every American harbor will offer a shelter for the French ships, a market for their prizes, and all the conveniences of repair and victualling; all which being consistent with treaties gives no ground of complaint. Although the trade is going on between England and America, it does not hinder the French Colonies from being supplied with all their wants. Privateering itself, if under French colors, does no harm; and so may the United States enrich themselves with a free trade with both nations, at the same time that they maintain their own tranquillity and help their allies. And should they be forced into a war, I would wish at least it was delayed as long as possible, and postponed, for obvious reasons, to the last campaign.

It is to be confessed, that France might lay some claims on more decisive measures, but sensible as she is of the unavoidable situation of affairs in America, I have reasons to believe she would not hurry her into a war, and will be satisfied with such a friendly, helping neutrality.

But I consider the present time as a proper one to obtain the restoration of the forts, and, perhaps, the navigation of the Mississippi, two points, which I confess I could never submit to the idea of giving up. The one is ours[4] by the laws of nations, the other by the laws of nature; and may I be permitted to add, that either concession would be inconsistent with the character of the United States.

Mr Jefferson gives an account of the measure taken respecting the commerce between this kingdom and America. I wish that affair had been terminated in time for the departure of Count de Mourtier, a gentleman whose personal character will, I trust, deserve the confidence and approbation of Congress.

We are anxiously waiting for the result of the convention at Philadelphia, as an event which, being engrafted in the present dispositions of the people, will, probably, add a lustre and a proper weight to the affairs of America in Europe; and, while it ensures internal happiness and prosperity, will baffle the insidious wishes, and annihilate the absurd reports of her enemies.

The next month is the appointed time for the sessions of all Provincial Assemblies, an establishment, which will be productive of the best consequences.

The liberty I have taken in expressing my opinion on an event not certain, but not improbable, cannot be referred, I am sure, to any principles of vanity or self-sufficiency; but to the gratitude so well grounded, and the zeal, which shall ever rank me among the most devoted servants of the United States.

With every sentiment of personal attachment and regard, I have the honor to be, &c.

LAFAYETTE.

FOOTNOTE:

[4] It must be remembered, that in these letters General Lafayette always speaks of himself as an American.

THE
CORRESPONDENCE
OF THE
COMMISSIONERS
FOR NEGOTIATING A PEACE WITH GREAT BRITAIN.

As early as September 27th, 1779, John Adams was appointed by Congress Minister Plenipotentiary for negotiating a treaty of peace and commerce with Great Britain, whenever that power should be prepared to acknowledge the independence of the United States, and enter into a treaty. Mr Adams went to Europe on this mission, but as no opportunity occurred for putting it into execution, he received another appointment as Minister to Holland.

Meantime Congress, on the 14th of June, 1781, annulled Mr Adams's first commission for negotiating a treaty, and associated with him four other persons for this purpose, namely, Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson. To these five commissioners, or to a majority of them, or any one of them alone, in case accident prevented the presence of the others, was assigned the power of making a treaty of peace with such commissioners, as should be appointed for the same object on the part of the English Court. Richard Oswald was the British Commissioner. He went to Paris in the Spring of 1782, and commenced the negotiation with Dr Franklin, who was then the only one of the American Commissioners present. Mr Jay arrived in Paris from Spain on the 23d of June, and united with Dr Franklin in the labors of the mission. As Mr Adams was then employed in completing a treaty with Holland, he did not join his colleagues till near the end of October. The Provisional articles were signed on the 30th of November. Mr Laurens was present at the signature of the treaty, having arrived only two days previous to that event. Mr Jefferson did not engage in the mission.

Adams, Franklin, and Jay remained in Paris after the signature of the preliminary articles, as Commissioners for making a Definitive Treaty. The English government sent David Hartley to Paris for the same purpose. Many propositions passed between the Commissioners of the respective countries, but after ten months' fruitless discussion, the Definitive Treaty was signed in the exact words of the Provisional Articles, on the 3d of September, 1783.

As the Commissioners corresponded singly with the Secretary of Foreign Affairs, and the President of Congress, during the whole period of the negotiation, they wrote but few letters in concert. The records of the Commissioners, kept by their Secretary, have also been lost. Nearly all the papers, which have much value, have been found and arranged for the present publication, but there are yet some deficiencies. The history of the negotiation can only be understood by reading carefully, in connexion with these papers and letters, the correspondence of each of the Commissioners during the same period.

THE
CORRESPONDENCE
OF THE
COMMISSIONERS
FOR NEGOTIATING A PEACE WITH GREAT BRITAIN.

COMMISSION TO TREAT OF PEACE.

The United States of America, in Congress assembled, to all to whom these presents shall come, send greeting.

Whereas, these United States, from a sincere desire of putting an end to the hostilities between his Most Christian Majesty and these United States, on the one part, and his Britannic Majesty on the other, and of terminating the same by a peace founded on such solid and equitable principles as reasonably to promise a permanency of the blessings of tranquillity, did heretofore appoint the honorable John Adams, late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, their Minister Plenipotentiary, with full powers, general and special, to act in that quality, to confer, treat, agree, and conclude with the Ambassadors, or Plenipotentiaries, of his Most Christian Majesty, and of his Britannic Majesty, and those of any other Princes or States, whom it might concern, relating to the re-establishment of peace and friendship; and whereas, the flames of war have since that time been extended, and other nations and States are involved therein,

Now know ye, that we, still continuing earnestly desirous, as far as it depends upon us, to put a stop to the effusion of blood, and to convince the powers of Europe, that we wish for nothing more ardently, than to terminate the war by a safe and honorable peace, have thought proper to renew the powers formerly given to the said John Adams, and to join four other persons in commission with him, and having full confidence in the integrity, prudence, and ability of the honorable Benjamin Franklin, our Minister Plenipotentiary at the Court of Versailles, and the honorable John Jay, late President of Congress, and Chief Justice of the State of New York, and our Minister Plenipotentiary at the Court of Madrid, and the honorable Henry Laurens, formerly President of Congress, and commissioned and sent as our Agent to the United Provinces of the Low Countries, and the honorable Thomas Jefferson, Governor of the Commonwealth of Virginia, have nominated, constituted, and appointed, and by these presents do nominate, constitute, and appoint, the said Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson, in addition to the said John Adams, giving and granting to them, the said John Adams, Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson, or the majority of them, or of such of them as may assemble, or, in the case of the death, absence, indisposition, or other impediment of the others, to any one of them, full power and authority, general and special, conjunctly and separately, and general and special command to repair to such place as may be fixed upon for opening negotiations for peace, and there for us, and in our name, to confer, treat, agree, and conclude with the Ambassadors, Commissioners, and Plenipotentiaries of the Princes and States, whom it may concern, vested with equal powers relating to the establishment of peace, and whatsoever shall be agreed and concluded for us, and in our name to sign and thereupon make a treaty or treaties, and to transact everything, that may be necessary for completing, securing, and strengthening the great work of pacification, in as ample form, and with the same effect, as if we were personally present and acted therein, hereby promising in good faith, that we will accept, ratify, fulfil and execute whatever shall he agreed, concluded, and signed by our said Ministers Plenipotentiary, or a majority of them, or of such of them as may assemble, or, in case of the death, absence, indisposition, or other impediment of the others, by any one of them; and that we will never act, nor suffer any person to act, contrary to the same, in whole or in any part.

In witness whereof, we have caused these presents to be signed by our President, and sealed with his seal.

Done at Philadelphia, the fifteenth day of June, in the year of our Lord one thousand seven hundred and eightyone, and in the fifth year of our independence, by the United States in Congress assembled.

SAMUEL HUNTINGTON, President.

COMMISSION TO ACCEPT THE MEDIATION OF THE EMPRESS OF RUSSIA AND THE EMPEROR OF GERMANY.

The United States of America to all to whom these presents shall come, send Greeting.

Whereas his Most Christian Majesty, our great and beloved friend and ally, has informed us by his Minister Plenipotentiary, whom he has appointed to reside near us, that their Imperial Majesties the Empress of Russia and the Emperor of Germany, actuated by sentiments of humanity, and a desire to put a stop to the calamities of war, have offered their mediation to the belligerent powers, in order to promote peace; now know ye, that we, desirous as far as depends upon us, to put a stop to the effusion of blood, and convince all the powers of Europe that we wish for nothing more ardently than to terminate this war by a safe and honorable peace; relying on the justice of our cause, and persuaded of the wisdom and equity of their Imperial Majesties, who have so generously interposed their good offices for promoting so salutary a measure; have appointed and constituted, and by these presents do constitute and appoint, our trusty and well beloved John Adams, late delegate in Congress, from the State of Massachusetts, and Benjamin Franklin, our Minister at the Court of France, John Jay, late President of Congress, and now our Minister at the Court of Madrid, Henry Laurens, formerly President of Congress, and commissioned and sent as our agent to the United Provinces of the Netherlands, and Thomas Jefferson, Governor of the Commonwealth of Virginia, our Ministers Plenipotentiary, giving and granting to them, or such of them as shall assemble, or in case of death, absence, indisposition, or other impediment, of the others, to any one of them, full power and authority in our name, and on our behalf, in concurrence with his Most Christian Majesty, to accept in due form, the mediation of their Imperial Majesties the Empress of Russia and the Emperor of Germany.

In testimony whereof, we have caused these presents to be signed by our President, and sealed with his seal.

Done at Philadelphia this fifteenth day of June, in the year of our Lord one thousand seven hundred and eightyone, and in the fifth year of our independence.

By the United States in Congress assembled.

SAMUEL HUNTINGTON, President.

INSTRUCTIONS TO THE COMMISSIONERS FOR PEACE.

In Congress, June 15th, 1781.

To the Honorable John Adams, Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson, Ministers Plenipotentiary in behalf of the United States, to negotiate a treaty of peace.

Gentlemen,

You are hereby authorised and instructed to concur, in behalf of these United States, with his Most Christian Majesty, in accepting the mediation proposed by the Empress of Russia and the Emperor of Germany.

You are to accede to no treaty of peace, which shall not be such as may 1st, effectually secure the independence and sovereignty of the Thirteen United States, according to the form and effect of the treaties subsisting between the said United States and his Most Christian Majesty; and 2dly, in which the said treaties shall not be left in their full force and validity.

As to disputed boundaries, and other particulars, we refer you to the instructions given to Mr John Adams, dated 14th of August, 1779, and 18th of October, 1780,[5] from which you will easily perceive the desires and expectations of Congress. But we think it unsafe, at this distance, to tie you up by absolute and peremptory directions upon any other subject, than the two essential articles above mentioned. You are therefore at liberty to secure the interest of the United States, in such manner as circumstances may direct, and as the state of the belligerent, and the disposition of the mediating powers may require. For this purpose, you are to make the most candid and confidential communications upon all subjects to the Ministers of our generous ally, the King of France; to undertake nothing in the negotiations for peace or truce, without their knowledge and concurrence; and ultimately to govern yourselves by their advice and opinion, endeavoring in your whole conduct to make them sensible how much we rely upon his Majesty's influence for effectual aid in everything that may be necessary to the peace, security, and future prosperity of the United States of America.

If a difficulty should arise, in the course of the negotiation for peace, from the backwardness of Great Britain to acknowledge our independence, you are at liberty to agree to a truce, or to make such other concessions as may not affect the substance of what we contend for; and provided that Great Britain be not left in possession of any part of the United States.

SAMUEL HUNTINGTON, President.

FOOTNOTE:

[5] See these instructions in John Adams's Correspondence, Vol. IV p. 339; and Secret Journal, Vol. II. p. 339.

THE KING'S WARRANT FOR RICHARD OSWALD'S FIRST COMMISSION FOR NEGOTIATING PEACE.[6]

George R.

Our will and pleasure is, and we hereby authorise and command you forthwith to prepare a bill for our signature, to pass our great seal of Great Britain, in the words or to the effect following, viz;

George the Third, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, and so forth. To our trusty and well beloved Richard Oswald, of our city of London, Esquire, Greeting. Whereas by virtue of an Act passed in the last session of Parliament, entitled "An Act to enable his Majesty to conclude a peace or truce with certain Colonies in North America therein mentioned," it is recited, 'that it is essential to the interest, welfare, and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, that peace, intercourse, trade and commerce, should be restored between them;' Therefore, and for a full manifestation of our most earnest wish and desire, and that of our Parliament to put an end to the calamities of war, it is enacted, that it should and might be lawful for us to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named, by the said Colonies or Plantations, or with any body or bodies, corporate or politic, or any assembly or assemblies or description of men, or any person or persons whatsoever, a peace or truce with the said Colonies or Plantations, or any of them, or any part or parts thereof, any law, act, or acts of Parliament, matter or thing, to the contrary in anywise notwithstanding.

Now know ye that we, reposing special trust in your wisdom, loyalty, diligence, and circumspection in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald, to be our Commissioner in that behalf, to use and exercise all and every the powers and authorities, hereby intrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things, hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we hereby authorise, empower, and require you, the said Richard Oswald, to treat, consult, and conclude with any Commissioner or Commissioners, named or to be named, by the said Colonies or Plantations, and any body or bodies, corporate or politic, assembly or assemblies, or descriptions of men, or person or persons, whatsoever, a peace or truce with the said Colonies or Plantations, or any of them, or any part or parts thereof; any law, act or acts of Parliament, matter or thing, to the contrary notwithstanding.

And it is our further will and pleasure, that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such Commissioner or Commissioners, body or bodies, corporate or politic, assembly or assemblies, descriptions of men, person or persons as aforesaid, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal, on one side, and by such seal or other signatures on the other as the occasion may require, and as may be suitable to the character and authority of the Commissioner or Commissioners, &c. as aforesaid so agreeing, and such instruments so authenticated shall be by you transmitted to us through one of our principal Secretaries of State.

And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us and in our royal name and word, that every regulation, provision, matter, or thing, which may be agreed to and concluded by you, our said Commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted either in whole or in part by any person whatsoever. And we hereby require and command all our officers, civil and military, and all others our loving subjects whatever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we hereby declare and ordain, that the several offices, powers and authorities hereby granted shall cease, determine, and become utterly null and void, on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eightythree, although we shall not otherwise in the meantime have revoked and determined the same, in witness, &c. And for so doing this shall be your warrant.

Given at our Court of St James, the twentyfifth day of July, one thousand seven hundred and eightytwo.[7] In the twentysecond year of our reign. By his Majesty's command.

THOMAS TOWNSHEND.

To our Attorney or Solicitor-General.

FOOTNOTES:

[6] The parts of this Commission, which were objected to by the American Commissioners are printed in italics.

[7] This commission was signed by the King on the 7th of August.

RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING PEACE.[8]

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, and so forth. To our trusty and well beloved Richard Oswald, of our city of London, Esquire, Greeting. Whereas, by virtue of an Act passed in the last session of Parliament, entitled "An Act to enable his Majesty to conclude a peace or truce with certain colonies in North America therein mentioned," it is recited, 'that it is essential to the interest, welfare and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in North America, that peace, intercourse, trade and commerce should be restored between them;' Therefore, and for a full manifestation of our earnest wish and desire, and of that of our Parliament, to put an end to the calamities of war, it is enacted, that it should and might be lawful for us to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named by the said Colonies or Plantations, or any of them respectively, or with any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or a truce with the said Colonies or Plantations, or any of them, or any part or parts thereof; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

Now know ye, that we, reposing special trust in your wisdom, loyalty, diligence and circumspection, in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald to be our Commissioner in that behalf, to use and exercise all and every the powers and authorities hereby intrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we do hereby authorise, empower, and require you, the said Richard Oswald, to treat of, consult, and conclude with any Commissioners or persons vested with equal powers, by and on the part of the Thirteen United States of America, viz. New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, a peace or a truce with the said Thirteen United States; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

And it is our further will and pleasure, that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such Commissioners or persons as aforesaid, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal on one side, and by the hands and seals of such Commissioners or persons on the other, and such instrument so authenticated shall be by you transmitted to us, through one of our principal Secretaries of State.

And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us and in our royal name and word, that every regulation, provision, matter or thing, which may be agreed to, and concluded by you, our said Commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted, either in whole or in part, by any person whatsoever. And we do hereby require and command all our officers civil and military, and all others our loving subjects whatsoever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we do hereby declare and ordain, that the several offices, powers and authorities hereby granted, shall cease, determine, and become utterly null and void, on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eightythree; although we shall not otherwise in the meantime have revoked and determined the same.

And whereas in and by our commission and letters patent under our great seal of Great Britain, bearing date the seventh day of August last, we nominated and appointed, constituted and assigned you, the said Richard Oswald, to be our Commissioner to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named, by certain Colonies or Plantations in America therein specified, a peace or a truce with the said Colonies or Plantations; now know ye, that we have revoked and determined, and by these presents do revoke and determine our said commission and letters patent, and all and every power, article and thing therein contained. In witness whereof we have caused these our letters to be made patent.

Witness ourself at Westminster, the twentyfirst day of September, in the twentysecond year of our reign. By the King himself.

YORKE.

Paris, October 1st, 1782. I certify that the adjoining is a true copy of the commission of which it purports to be a copy, and which has been shown to Mr Franklin and Mr Jay.

RICHARD OSWALD,
The Commissioner therein named.

FOOTNOTE:

[8] The parts of this Commission, which were altered or added, in consequence of the objections of the American Commissioners to Mr Oswald's first commission, are printed in italics.

COMMISSION TO WILLIAM T. FRANKLIN.

To all to whom these Presents shall come, Benjamin Franklin and John Jay send Greeting.

Whereas the United States of America, in Congress assembled, did on the 15th of June, in the year of our Lord 1781, appoint and constitute the said Benjamin Franklin, John Jay, John Adams, Henry Laurens, and Thomas Jefferson, and the majority of them, and of such of them as should assemble for the purpose, their Commissioners and Plenipotentiaries, to treat of, and conclude peace in their behalf; and whereas the said United States, in Congress assembled, did on the 26th of June, in the year of our Lord 1781, appoint Francis Dana, until he could proceed to the Court of Petersburg, either in a public or private capacity, to be Secretary to the said Plenipotentiaries for negotiating a peace with Great Britain, and in case Mr Dana should have proceeded, or thereafter proceed to Petersburg, or to any part of the dominions of the Empress of Russia, the Ministers appointed by the said act of Congress of the 15th of June, 1781, or a majority of such of them as should assemble, should be, and thereby were, authorised to appoint a Secretary to their commission, and that he be entitled to receive, in proportion to his time of service, the salary of one thousand pounds sterling per annum allowed to Mr Dana. And whereas his Britannic Majesty has issued a commission, dated the 21st of September, 1782, to Richard Oswald, to treat of, and conclude peace with any Commissioners, or persons vested with equal powers, by, and on the part of the Thirteen United States of America; and whereas the said Richard Oswald is at Paris, ready to execute his said commission, and has exchanged with the said Benjamin Franklin and John Jay, copies of their respective commissions, and entered on the business of the same, whereby the appointment of a Secretary to the American commission has become necessary, and the said Mr Dana now being at Petersburg, the right of appointing such Secretary has, in pursuance of the afore-recited act of Congress, devolved on the said Commissioners, and on the majority of them, and of such of them as have assembled for the purpose of executing their said commission; and whereas Mr Jefferson, one of the said Commissioners, has not come to Europe, and Mr Laurens, another of them, has declined to accept the said office, and Mr Adams, another of them, is at the Hague, so that the said Benjamin Franklin and John Jay are the only Commissioners now assembled to execute the said commission;

Now know ye, that they, reposing special trust and confidence in the ability and integrity of William T. Franklin, to perform and fulfil the duties of Secretary to their said commission, have appointed and constituted, and by these presents do appoint and constitute the said William T. Franklin, Secretary to the said commission.

In witness whereof, the said Benjamin Franklin and John Jay, have hereunto set their hands and seals, this first day of October, in the year of our Lord one thousand seven hundred and eightytwo, and in the seventh year of the independence of the said United States.

B. FRANKLIN,
JOHN JAY.

Approved on my part, Mr Franklin having acted with propriety as Secretary to the commission from the time of my arrival here. Paris, January 10th, 1783.

HENRY LAURENS.

Approved on my part, Mr Franklin having acted with propriety as Secretary to the commission from the time of my arrival here. Paris, September 8th, 1783.

JOHN ADAMS.

RESOLUTIONS OF CONGRESS.

In Congress, October 3d, 1782.

On report of a Committee, to whom were referred notes of a conference with the Minister of France, held by a Committee of Congress on the 24th of September last;[9]

Resolved, That the Minister Plenipotentiary of his Most Christian Majesty be informed;

That the communication, made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war had so justly inspired;

That his Most Christian Majesty's declaration to the British Minister at Paris, that he will neither treat, nor terminate any negotiation, unless the interests of his allies and friends shall be considered and determined, is entirely correspondent to the part, which these United States are resolved to take in any negotiations for peace;

That Congress, with the utmost satisfaction, embrace this opportunity to renew their assurances, that, in every event, the United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glory;

That they will hearken to no propositions for peace, which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to the Minister Plenipotentiary on the 31st day of May last;[10]

That upon this principle, Congress did not hesitate a moment to reject the proposition made by the British General and Admiral, as Commissioners of peace, for admitting Mr Morgan, their Secretary, to an interview at Philadelphia;

And that they are resolved to prosecute the war with vigor, until a general peace shall be obtained, in which their allies shall be comprehended;

That Congress placed the utmost confidence in his Majesty's assurances, that he will readily employ his good offices in support of the United States, in all points relative to their prosperity; and considering the territorial claims of these States, as heretofore made, their participation of the fisheries and of the free navigation of the Mississippi, not only as their indubitable right, but as essential to their prosperity, they trust, that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those rights. Nor can they refrain from making known to his Majesty, that any claim of restitution, or compensation for property confiscated in the several States, will meet with insuperable obstacles; not only on account of the sovereignty of the individual States, by which such confiscations have been made, but of the wanton devastations, which the citizens of these States have experienced from the enemy, and, in many instances, from the very persons in whose favor such claim may be urged;

That Congress trust that the circumstances of the allies, at the negotiation for peace, will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.

Ordered, That the Committee, who brought in the report, communicate to the honorable Minister of France the above answer of Congress to his communications.

Ordered, That the Secretary for Foreign Affairs transmit, by the first opportunity, a copy of the same to the Ministers of these States at foreign Courts.

FOOTNOTES:

[9] See these Notes of a Conference in the Secret Journals of Congress, Vol. III. p. 218.

[10] Secret Journal, Vol. III. p. 138.

ARTICLES AGREED ON BETWEEN THE AMERICAN AND BRITISH COMMISSIONERS.[11]

October 8th, 1782.

Articles agreed upon by and between Richard Oswald, the Commissioner of his Britannic Majesty, for treating of peace with the Commissioners of the United States of America, on the behalf of his said Majesty on the one part, and Benjamin Franklin and John Jay, of the Commissioners of the said States, for treating of peace with the Commissioner of his said Majesty on their behalf, on the other part.

To be inserted in, and to constitute the treaty of peace, proposed to be concluded between the Crown of Great Britain and the said United States; but which treaty is not to be concluded, until his Britannic Majesty shall have agreed to the terms of peace between France and Britain, proposed or accepted by his Most Christian Majesty; and shall be ready to conclude with him such treaty accordingly. It being the duty and intention of the United States not to desert their ally, but faithfully, and in all things to abide by, and fulfil their engagements with his Most Christian Majesty.

Whereas reciprocal advantages and mutual convenience are found by experience, to form the only permanent foundation of peace and friendship between States, it is agreed to frame the articles of the proposed treaty, on such principles of liberal equality and reciprocity, as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established, as to promise and secure to both the blessings of perpetual peace and harmony. 1st. His Britannic Majesty acknowledges the said United States 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, to be free, sovereign and independent States; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof; and that all disputes which might arise in future, on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are, and shall remain to be their boundaries, viz.

The said States are bounded north, by a line to be drawn from the northwest angle of Nova Scotia, along the high lands, which divide those rivers which empty themselves into the river St Lawrence, from those which fall into the Atlantic ocean, to the northernmost head of Connecticut river; thence down along the middle of that river to the fortyfifth degree of north latitude, and thence due west in the latitude fortyfive degrees north from the equator, to the northwesternmost side of the river St Lawrence, or Cadaraqui; thence straight to the south end of the lake Nipissing, and thence straight to the source of the river Mississippi, west by a line to be drawn along the middle of the river Mississippi, from its source to where the said line shall intersect the thirtyfirst degree of north latitude; south by a line to be drawn due east from the termination of the line last mentioned, in the latitude of thirtyone degrees north of the equator to the middle of the river Apalachicola or Catahouchi; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St Mary's river; thence down along the middle of St Mary's river to the Atlantic ocean; and east by a line to be drawn along the middle of St John's river, from its source to its mouth in the Bay of Fundy; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia, on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic ocean.

2dly. From and immediately after the conclusion of the proposed treaty, there shall be a firm and perpetual peace between his Britannic Majesty and the United States, and between the subjects of the one and the citizens of the other; wherefore all hostilities, both by sea and land, shall then immediately cease; all prisoners on both sides shall be set at liberty; and his Britannic Majesty shall forthwith, and without causing any distinction, withdraw all his armies, garrisons, and fleets, from the said United States, and from every post, place, and harbor, within the same, leaving in all fortifications the American artillery that may be therein; and shall also order and cause all archives, records, deeds, and papers, belonging to either of the said States, or their citizens, which in the course of the war, may have fallen into the hands of his officers, to be forthwith restored, and delivered to the proper States and persons to whom they belong.

3dly. That the subjects of his Britannic Majesty and people of the said United States, shall continue to enjoy unmolested, the right to take fish of every kind on the banks of Newfoundland, and other places where the inhabitants of both countries used formerly, to wit, before the last war between France and Britain, to fish and also to dry and cure the same at the accustomed places, whether belonging to his said Majesty or to the United States; and his Britannic Majesty and the said United States will extend equal privileges and hospitality to each other's fishermen as to their own.

4thly. That the navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open, and that both there, and in all rivers, harbors, lakes, ports, and places, belonging to his Britannic Majesty or to the United States, or in any part of the world, the merchants and merchant ships, of the one and the other, shall be received, treated, and protected, like the merchants and merchant ships of the sovereign of the country. That is to say, the British merchants and merchant ships, on the one hand, shall enjoy in the United States, and in all places belonging to them, the same protection and commercial privileges, and be liable only to the same charges and duties as their own merchants and merchant ships; and on the other hand, the merchants and merchant ships of the United States, shall enjoy in all places belonging to his Britannic Majesty, the same protection and commercial privileges and be liable only to the same charges and duties of British merchants and merchant ships, saving always to the chartered trading companies of Great Britain, such exclusive use and trade, and their respective posts and establishments, as neither the subjects of Great Britain, nor any of the more favored nations participate in.

Paris, October 8th, 1782. A true copy of which has been agreed on between the American Commissioners and me, to be submitted to his Majesty's consideration.

RICHARD OSWALD.

Alteration to be made in the treaty, respecting the boundaries of Nova Scotia, viz. East, the true line between which and the United States shall be settled by Commissioners, as soon as conveniently may be after the war.

FOOTNOTE:

[11] These Articles were sent to England for the King's consideration. See Franklin's Correspondence, Vol. IV. p. 49.

RICHARD OSWALD TO THE COMMISSIONERS.

Paris, November 4th, 1782.

Gentlemen,

You may remember, that from the very beginning of our negotiations for settling a peace between Great Britain and America, I insisted that you should positively stipulate for a restoration of the property of all those persons, under the denomination of loyalists or refugees, who have taken part with Great Britain in the present war; or if the property had been resold and passed into such variety of hands, as to render the restoration impracticable, (which you asserted to be the case in many instances) you should stipulate for a compensation or indemnification to those persons, adequate to their losses. To these propositions you said you could not accede. Mr Strachey, since his arrival at Paris, has most strenuously joined me in insisting upon the said restitution, compensation, or indemnification, and in laying before you every argument in favor of those demands, founded upon national honor, and upon the true principles of justice. These demands you must have understood to extend, not only to all persons of the above mentioned description, who have fled to Europe, but likewise to all those who may be now in any parts of North America, dwelling under the protection of his Majesty's arms or otherwise.

We have also insisted upon a mutual stipulation for a general amnesty on both sides, comprehending thereby an enlargement of all persons, who on account of offences, committed or supposed to be committed, since the commencement of hostilities, may be now in confinement; and for an immediate repossession of their properties, and peaceable enjoyment thereof, under the government of the United States. To this you have not hitherto given a particular or direct answer.

It is, however, incumbent on me, as Commissioner of the King of Great Britain, to repeat those several demands; and without going over those arguments upon paper, (which we have so often urged in conversation,) to press your immediate attention to these subjects, and to urge you to enter into proper stipulations for the restitution, compensation, and amnesty above mentioned, before we proceed further in this negotiation.

I have the honor to be, &c.

RICHARD OSWALD.

ARTICLES TAKEN TO ENGLAND BY MR STRACHEY.[12]

November 5, 1782.

Articles agreed upon by and between Richard Oswald, Commissioner of his Britannic Majesty, for treating of peace with the Commissioners of the United States of America, on behalf of his said Majesty on the one part; and John Adams, Benjamin Franklin, and John Jay, three of the Commissioners of the said States, for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part, to be inserted in, and to constitute the treaty of peace, proposed to be concluded between the Crown of Great Britain and the said United States; but which treaty is not to be concluded until his Britannic Majesty shall have agreed to the terms of a peace between France and Britain, proposed or accepted of by his Most Christian Majesty, and shall be ready to conclude with him such treaty accordingly; it being the duty and intention of the United States not to desert their ally, but faithfully and in all things to abide by and fulfil their engagements with his Most Christian Majesty.

Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friendship between States, it is agreed to form the articles of the proposed treaty on such principles of liberal equality and reciprocity as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established as to promise and secure to both perpetual peace and harmony.

His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and independent States; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same and every part thereof; and that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall remain to be their boundaries, viz.

From the northwest angle of Nova Scotia, being that angle which is formed by a line drawn due north from the source of St Croix river to the highlands which divide the rivers which empty themselves into the river St Lawrence from those which fall into the Atlantic ocean, and along the said highlands to the northwesternmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude, following the said latitude until it strikes the river Mississippi; thence by a line, to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the 31st degree of latitude north of the equator; south, by a line to be drawn due east from the termination of the line last mentioned in the latitude of the 31st degree to the middle of the river Apalachicola or Catahouchi, thence along the middle thereof to its junction with the Flint river, thence straight to the head of St Mary's river, and thence down along the middle of St Mary's river to the Atlantic ocean; east, by a line from the mouth of said St Mary's river to the mouth of the river St Croix in the Bay of Fundy, and by a line drawn through the middle of said river to its source, and from its source directly north to the aforesaid highlands, which divide the rivers which fall into the Atlantic ocean from those which empty themselves into the river St Lawrence, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries of St Croix river and St Mary's river shall respectively touch the Bay of Fundy and the Atlantic ocean.

It is agreed, that all such royalists or refugees, as well as all such British merchants or other subjects as may be resident in any of the United States at the time of the evacuation thereof by the arms and garrisons of his Britannic Majesty, shall be allowed six months thereafter to remove to any part of the world; and also, at their election, to dispose of, within the said term, or to carry with them their goods and effects. And it is understood, that the said States shall extend such further favor to the said merchants, and such amnesty and clemency to the said refugees, as their respective circumstances and the dictates of justice and humanity may render just and reasonable; and particularly, that amnesty and indemnity be granted to all such of the said refugees, as may be unaffected by acts, judgments, or prosecutions, actually passed or commenced a month previous to such evacuation.

That the subjects of his Britannic Majesty and the people of the said United States, shall continue to enjoy unmolested, the right to take fish of every kind on all the Banks of Newfoundland, also in the Gulf of St Lawrence, and all other places where the inhabitants of both countries used at any time heretofore to fish; and also to dry and cure their fish on the shores of the Isle of Sables, Cape Sables, and the shores of any of the unsettled bays, harbors or creeks of Nova Scotia, and of the Magdalen Islands. And his Britannic Majesty and the said United States will extend equal privileges and hospitality to each other's fishermen as to their own.

Whereas certain of the United States, excited thereto by the unnecessary destruction of private property, have confiscated all debts due from their citizens to British subjects; and also in certain instances, lands belonging to the latter; and whereas, it is just that private contracts made between individuals of the two countries before the war, should be faithfully executed; and as the confiscation of the said lands may have a latitude not justifiable by the law of nations, it is agreed, that British creditors shall, notwithstanding, meet with no lawful impediment to recovering the full value or sterling amount of such bona fide debts as were contracted before the year 1775. And also, that Congress will recommend to the said States, so to correct (if necessary) their said acts respecting the confiscation of the lands in America, belonging to real British subjects, as to render the said acts consistent with perfect justice and equity. As to the cession made of certain lands in Georgia, by a number of Indians there, on the 1st of June, 1773, for the purpose of paying the debts due from them to a number of traders, the American Commissioners say, that the State of Georgia is alone competent to consider and decide on the same; for that it being a matter of internal police, with which neither Congress nor their Commissioners are authorised to interfere, it must of necessity be referred to the discretion and justice of that State, who, without doubt, will be disposed to do what may be just and reasonable on the subject.

Similar reasons and considerations constrain the Commissioners to give the like answer to the case of Mr Penn's family.

From and immediately after the conclusion of the proposed treaty, there shall be a perpetual and firm peace, &c. (the same as the second article in the preceding set of articles.)

That the navigation of the river Mississippi from its source to the ocean, shall forever remain free and open.

Separate Article. It is hereby understood and agreed, that in case Great Britain at the conclusion of the present war shall be, or be put in possession of West Florida, the line of north boundary between the said Province and the United States, shall be a line drawn from the mouth of the river Yazoo, where it unites with the Mississippi, due east to the river Apalachicola, and thence along the middle of that river to its junction with the Flint river, &c.

FOOTNOTE:

[12] These Articles were agreed to after the return of the first set, which had been sent to England October 8th. See above p. [80].

H. STRACHEY TO THE COMMISSIONERS.

Paris, November 5th, 1782.

Gentlemen,

Knowing the expectation of the King's Ministers, that a full indemnity shall be provided for the whole body of refugees, either by a restitution of their property or by some stipulated compensation for their losses, and being confident, as I have repeatedly assured you, that your refusal upon this point will be the great obstacle to a conclusion and ratification of that peace, which is meant as a solid perfect, permanent reconciliation and reunion between Great Britain and America, I am unwilling to leave Paris without once more submitting the matter to your consideration. It affects equally, in my opinion, the honor and the humanity of your country and of ours. How far you will be justified in risking every favorite object of America, by contending against those principles, is for you to determine. Independence, and more than a reasonable possession of territory, seem to be within your reach. Will you suffer them to be outweighed by the gratification of resentment against individuals? I venture to assert, that such a conduct has no parallel in the history of civilized nations.

I am under the necessity of setting out by two o'clock today; if the time is too short for your reconsideration, and final determination of this important point, I shall hope that you will enable Mr Oswald to despatch a messenger after me, who may be with me before morning at Chantilly, where I propose sleeping tonight, or who may overtake me before I arrive in London, with a satisfactory answer to this letter.

I have the honor to be, &c.

H. STRACHEY.

TO RICHARD OSWALD.

Paris, November 5th, 1782.

Sir,

In answer to the letter you did us the honor to write on the 4th instant, we beg leave to repeat what we often said in conversation, viz; that the restoration of such of the estates of refugees as have been confiscated is impracticable, because they were confiscated by laws of particular States, and in many instances have passed by legal titles through several hands. Besides, Sir, as this is a matter evidently appertaining to the internal polity of the separate States, the Congress, by the nature of our constitution, have no authority to interfere with it.

As to your demand of compensation to those persons, we forbear enumerating our reasons for thinking it ill founded. In the moment of conciliatory overtures, it would not be proper to call certain scenes into view, over which a variety of considerations should induce both parties at present to draw a veil. Permit us therefore only to repeat, that we cannot stipulate for such compensation, unless on your part it be agreed, to make retribution to our citizens for the heavy losses they have sustained by the unnecessary destruction of private property.

We have already agreed to an amnesty more extensive than justice required, and full as extensive as humanity could demand. We can therefore only repeat that it cannot be extended farther. We should be sorry, if the absolute impossibility of our complying further with your propositions, should induce Great Britain to continue the war for the sake of those who caused and prolonged it. But if that should be the case, we hope that the utmost latitude will not be again given to its rigors.

Whatever may be the issue of this negotiation, be assured, Sir, that we shall always acknowledge the liberal, manly, and candid manner in which you have conducted it, and that we shall remain, with the warmest sentiments of esteem and regard, Sir, your most obedient and very humble servants,

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

TO H. STRACHEY.

Paris, November 6th, 1782.

Sir,

We have been honored with your favor of the 5th inst., and as our answer to a letter we received from Mr Oswald on the same subject contains our unanimous sentiments respecting it, we take the liberty of referring you to the enclosed copy of that answer.

We have the honor to be, &c.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

Third Set of Articles.

Monday, November 25th, 1782. The three Commissioners, Adams, Franklin, and Jay, met at Mr Oswald's lodgings at the Hôtel de Muscovie, and after some conferences Mr Oswald delivered them the following Articles, as fresh proposals of the British Ministry, sent by Mr Strachey, viz;

Articles agreed upon 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 John Adams, Benjamin Franklin, and John Jay, three of the Commissioners of the said States, for treating of peace with the Commissioner of his said Majesty, on their behalf on the other part, to be inserted in, and to constitute the treaty of peace, proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty is not to be concluded, until the terms of a peace shall be agreed upon between Great Britain and France, and his Britannic Majesty shall be ready to conclude such treaty accordingly.

Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friendship between States, it is agreed to form the Articles of the proposed treaty on such principles of liberal equity and reciprocity, as that partial advantages, (those seeds of discord,) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established, as to promise and secure to both perpetual peace and harmony.

Article i. His Britannic Majesty acknowledges the said United States, 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, to be free, sovereign and independent States, that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof; and, that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz;

Article ii. From the northwest angle of Nova Scotia, viz; that angle which is formed by a line drawn due north from the source of St Croix river to the highlands, along the said highlands, which divide those rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataroquy; thence along the middle of said river into Lake Ontario, through the middle of said Lake until it strikes the communication by water between that Lake and Lake Erie; thence along the middle of said communication, into Lake Erie, through the middle of said Lake, until it arrives at the water communication between that Lake and Lake Huron; thence along the middle of said water communication into Lake Huron; thence through the middle of the said Lake, to the water communication between that Lake and Lake Superior; thence through Lake Superior, northward of the Isles Royal and Philippeaux to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake to the most northwestern point thereof; and from thence on a due western course to the river Mississippi, thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the 31st degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator to the middle of the river Apalachicola, or Catahouchi; thence along the middle thereof to its junction with the Flint river, thence straight to the head of St Mary's river; and thence down along the middle of St Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St Croix, from its mouth in the Bay of Fundy to its source; and from its source directly north, to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St Lawrence; comprehending all Islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the point where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other shall respectively touch the Bay of Fundy and the Atlantic ocean; excepting such Islands as now are, or heretofore have been, within the limits of the said Province of Nova Scotia.

Article iii. The citizens of the said United States shall have the liberty of taking fish of every kind on all the banks of Newfoundland, and also in the Gulf of St Lawrence; and also to dry and cure their fish on the shores of the Isle of Sables and on the shores of any of the unsettled bays, harbors and creeks of the Magdalen Islands, in the Gulf of St Lawrence, so long as such bays, harbors and creeks shall continue and remain unsettled; on condition that the citizens of the said United States do not exercise the fishery, but at the distance of three leagues from all the coast belonging to Great Britain, as well those of the continent as those of the islands situated in the Gulf of St Lawrence. And as to what relates to the fishery on the coast of the Island of Cape Breton out of the said gulf, the citizens of the said United States shall not be permitted to exercise the said fishery, but at the distance of fifteen leagues from the coasts of the Island of Cape Breton.

Article iv. It is agreed, that the British creditors shall meet with no lawful impediment to the recovery of the full value, in sterling money, of such bona fide debts as were contracted by any persons who are citizens of the United States, before the year 1775.

Article v. It is agreed, that restitution shall be made of all estates, rights and properties in America, which have been confiscated during the war.

Article vi. There shall be a full and entire amnesty of all acts and offences, which have been or may be supposed to have been committed on either side, by reason of the war, and in the course thereof; and no one shall hereafter suffer in life or person, or be deprived of his property, for the part he may have taken therein. All persons in confinement on that account, shall immediately on the ratification of the treaty in America, be set at liberty; all prosecutions which may be depending in consequence of any of the said offences, shall cease, and no fresh prosecutions shall at any time hereafter be commenced thereupon.

Article vii. There shall be a firm and perpetual peace between his Britannic Majesty and the said States, and between the subjects of the one, and the citizens of the other; wherefore all hostilities both by sea and land shall then immediately cease; all prisoners on both sides shall be set at liberty; and his Britannic Majesty shall with all convenient speed and without causing any destruction, withdraw all his armies, garrisons and fleets from the said United States, and from every port, place and harbor within the same, leaving in all fortifications the American artillery that may be therein. And shall also order and cause all archives, records and papers, belonging to any of the said States or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong.

Article viii. The navigation of the Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and citizens of the United States.

Separate Article. It is hereby understood and agreed, that in case Great Britain, at the end of the present war, shall be, or be put in possession of West Florida, the line of north boundary between the said province and the United States, shall be a line drawn from the mouth of the river Yazoo, where it unites with the river Mississippi, due east to the river Apalachicola.

ARTICLE PROPOSED AND READ TO THE COMMISSIONERS, BEFORE SIGNING THE PRELIMINARY ARTICLES.[13]

It is agreed, that his Britannic Majesty will earnestly recommend it to his Parliament to provide for and make a compensation to the merchants and shopkeepers of Boston, whose goods and merchandise were seized and taken out of their stores, warehouses and shops, by order of General Gage and others of his commanders and officers there; and also to the inhabitants of Philadelphia, for the goods taken away by his army there; and to make compensation, also, for the tobacco, rice, indigo, and negroes, &c. seized and carried off by his armies under Generals Arnold, Cornwallis, and others, from the States of Virginia, North and South Carolina, and Georgia, and also for all vessels and cargoes, belonging to the inhabitants of the said United States, which were stopped, seized, or taken, either in the ports, or on the seas, by his Governors, or by his ships of war, before the declaration of war against the said States.

And it is farther agreed, that his Britannic Majesty will also earnestly recommend it to his Parliament to make compensation for all the towns, villages, and farms, burnt and destroyed by his troops, or adherents, in the said United States.

FACTS.

There existed a free commerce, upon mutual faith, between Great Britain and America. The merchants of the former credited the merchants and planters of the latter, with great quantities of goods, on the common expectation, that the merchants, having sold the goods, would make the accustomed remittances; that the planters would do the same by the labor of their negroes, and the produce of that labor, tobacco, rice, indigo, &c.

England, before the goods were sold in America, sends an armed force, seizes those goods in the stores; some even in the ships that brought them, and carries them off; seizes, also, and carries off the tobacco, rice, and indigo, provided by the planters to make returns, and even the negroes, from whose labor they might hope to raise other produce for that purpose.

Britain now demands that the debts shall, nevertheless, be paid.

Will she, can she, justly, refuse making compensation for such seizures?

If a draper, who had sold a piece of linen to a neighbor on credit, should follow him, take the linen from him by force, and then send a bailiff to arrest him for the debt, would any court of law or equity award the payment of the debt, without ordering a restitution of the cloth?

Will not the debtors in America cry out, that, if this compensation be not made, they were betrayed by the pretended credit, and are now doubly ruined; first, by the enemy, and then by the negotiators at Paris, the goods and negroes sold them being taken from them, with all they had besides, and they are now to be obliged to pay for what they have been robbed of?

FOOTNOTE:

[13] This Article, and the Facts which follow, were drawn up by Dr Franklin, and intended to be insisted on, in case the British Commissioners persevered in their demands respecting the fisheries. See Franklin's Correspondence, Vol. IV. p. 50.

TO M. DE LAFAYETTE,

Paris, November 28th, 1782.

Sir,

We have received the letter you did us the honor to write on the 25th instant.

Our country has had early and repeated proofs both of your readiness and abilities to do her service. The prospect of an inactive campaign in America induced us to adopt the opinion, that you might be more useful here than there; especially, in case the negotiation for peace, on the part of France in England, should be committed to your management; for your knowledge of our affairs and attachment to our interest, might have been very advantageous to us on such an occasion. But as an opportunity now offers of your being instrumental in producing a co-operation, which would, probably, put a glorious and speedy termination to the war in America, we, for our part, perfectly approve of your going with Count d'Estaing, in the manner proposed.

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

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

PROVISIONAL ARTICLES OF PEACE.

Articles agreed upon by and between Richard Oswald, Esq. 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 John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of the said States for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part; to be inserted in, and to constitute the treaty of peace, proposed to be concluded between the Crown of Great Britain and the said United States. But which treaty is not to be concluded, until terms of peace shall be agreed upon between Great Britain and France, and his Britannic Majesty shall be ready to conclude such treaty accordingly.

Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friendship between States, it is agreed to form the articles of the proposed treaty on such principles of liberal equity and reciprocity, as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established, as to promise and secure to both perpetual peace and harmony.

Article i. His Britannic Majesty acknowledges the said United States, 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, to be free, sovereign, and independent States; that he treats with them as such; and, for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof; and that all disputes, which might arise in future on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz.

Article ii. From the northwest angle of Nova Scotia, viz. that angle, which is formed by a line drawn due north, from the source of St Croix river to the highlands, along the highlands which divide those rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river; thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataroquy; thence along the middle of said river into Lake Ontario; through the middle of said Lake until it strikes the communication by water, between that Lake and Lake Erie; thence along the middle of said communication into Lake Erie; through the middle of said Lake until it arrives at the water communication between that Lake and Lake Huron, thence along the middle of said water communication into the Lake Huron; thence through the middle of said Lake, to the water communication between that Lake and Lake Superior; thence through Lake Superior, northward of the Isles Royal and Philippeaux to the Long Lake; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake, to the most northwestern point thereof; and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the 31st degree of north latitude; south by a line to be drawn due east from the determination of the line last mentioned in the latitude of 31st degree north of the equator, to the middle of the river Apalachicola or Catahouchi, thence along the middle thereof, to its junction with the Flint river, thence straight to the head of St Mary's river, to the Atlantic ocean. East by a line to be drawn along the middle of the river St Croix, from its mouth in the Bay of Fundy to its source; and from its source directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States; and lying between lines to be drawn due east, from the points where the aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean; excepting such islands as now are or heretofore have been within the limits of the said Province of Nova Scotia.

Article iii. It is agreed, that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind, on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulf of St Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland, as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Britannic Majesty's dominion in America. And that the American fishermen shall have liberty to dry and cure fish, in any of the unsettled bays, harbors and creeks of Nova Scotia, Magdalen islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose, with the inhabitants, proprietors, or possessors of the ground.

Article iv. It is agreed, that creditors on either side shall meet with no lawful impediment to the recovery of the full value, in sterling money, of all bona fide debts, heretofore contracted.

Article v. It is agreed, that the Congress shall earnestly recommend it 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 in the possession of his Majesty's arms, 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 that Congress shall also earnestly recommend to the several States, a reconsideration and revision of all 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 that Congress shall also earnestly recommend to the several States, that the estates, rights, and properties, of such last mentioned persons shall 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, and properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

Article vi. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war, and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property, and that those who may be in confinement on such charges at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.

Article vii. There shall be a firm and perpetual peace, between his Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other, wherefore all hostilities, both by sea and land, shall then immediately cease. All prisoners on both sides shall be set at liberty; and his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets, from the said United States, and from every port, place, and harbor, within the same, leaving in all fortifications the American artillery that may be therein. And shall also order and cause all archives, records, deeds, and papers belonging to any of the said States, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong.

Article viii. The navigation of the Mississippi river, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States.

Article ix. In case it should so happen, that any place or territory, belonging to Great Britain or the United States, should be conquered by the arms of either from the other, before the arrival of these Articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation.

Done at Paris, the thirtieth day of November, in the year one thousand seven hundred and eightytwo.

RICHARD OSWALD,
JOHN ADAMS,
B. FRANKLIN,
JOHN JAY,
HENRY LAURENS.

Witness, CALEB WHITEFOORD,
Secretary to the British Commission.

W. T. FRANKLIN,
Secretary to the American Commission.

Separate Article. It is hereby understood and agreed, that in case Great Britain, at the conclusion of the present war, shall recover or be put in possession of West Florida; the line of north boundary between the said Province and the United States, shall be a line drawn from the mouth of the river Yazoo, where it unites with the Mississippi, due east, to the river Apalachicola.

Done at Paris, the thirtieth day of November, in the year one thousand seven hundred and eightytwo.

RICHARD OSWALD,
JOHN ADAMS,
B. FRANKLIN,
JOHN JAY,
HENRY LAURENS.

Attest, CALEB WHITEFOORD,
Secretary to the British Commission.

W. T. FRANKLIN,
Secretary to the American Commission.

TO FRANCIS DANA AT PETERSBURG.

Paris, December 12th, 1782.

Sir,

We have the honor to congratulate you on the signature of the preliminary treaty of peace, between his Britannic Majesty and the United States of America, to be inserted in the definitive treaty when France and Britain shall have agreed upon their terms. The articles, of which we do ourselves the honor to enclose you a copy, were completed on the 30th of last month.

To us, at this distance, the present opportunity appears to be the most favorable for you to communicate your mission to the Ministers of the Empress of Russia, and to the Ministers of the other neutral powers residing at her Court, and if you have no objections, we presume you will wish to be furnished with the enclosed paper, to communicate at the same time.

We heartily wish you success, and if you should inform us of a fair prospect of it, we shall propose an article in the definitive treaty, to secure the freedom of navigation, according to the principles of the late marine treaty between the neutral powers.

With great respect, we have the honor to be, &c.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

TO ROBERT R. LIVINGSTON.

Paris, December 14th, 1782.

Sir,

We have the honor to congratulate Congress on the signature of the preliminaries of a peace between the Crown of Great Britain and the United States of America, to be inserted in a definitive treaty so soon as the terms between the Crowns of France and Great Britain shall be agreed on. A copy of the Articles is here enclosed, and we cannot but flatter ourselves, that they will appear to Congress, as they do to all of us, to be consistent with the honor and interest of the United States, and we are persuaded Congress would be more fully of that opinion if they were apprized of all the circumstances and reasons which have influenced the negotiation. Although it is impossible for us to go into that detail, we think it necessary nevertheless to make a few remarks on such of the Articles, as appear most to require elucidation.

Remarks on Article 2d, relative to Boundaries.

The Court of Great Britain insisted on retaining all the territories comprehended within the Province of Quebec, by the Act of Parliament respecting it. They contended that Nova Scotia should extend to the river Kennebec; and they claimed not only all the lands in the western country and on the Mississippi, which were not expressly included in our charters and governments, but also all such lands within them as remained ungranted by the King of Great Britain. It would be endless to enumerate all the discussions and arguments on the subject.

We knew this Court and Spain to be against our claims to the western country, and having no reason to think that lines more favorable could ever have been obtained, we finally agreed to those described in this Article; indeed they appear to leave us little to complain of, and not much to desire. Congress will observe, that although our northern line is in a certain part below the latitude of fortyfive, yet in others it extends above it, divides the Lake Superior, and gives us access to its western and southern waters, from which a line in that latitude would have excluded us.

Remarks on Article 4th, respecting Creditors.

We had been informed that some of the States had confiscated British debts, but although each State has a right to bind its own citizens, yet in our opinion, it appertains solely to Congress, in whom exclusively are vested the rights of making war and peace, to pass acts against the subjects of a power with which the Confederacy may be at war. It therefore only remained for us to consider, whether this Article is founded in justice and good policy.

In our opinion no acts of government could dissolve the obligations of good faith, resulting from lawful contracts between individuals of the two countries prior to the war. We knew that some of the British creditors were making common cause with the refugees, and other adversaries of our independence; besides, sacrificing private justice to reasons of State and political convenience, is always an odious measure; and the purity of our reputation in this respect, in all foreign commercial countries, is of infinitely more importance to us than all the sums in question. It may also be remarked, that American and British creditors are placed on an equal footing.

Remarks on Articles 5th and 6th, respecting Refugees.

These Articles were among the first discussed, and the last agreed to. And had not the conclusion of this business, at the time of its date, been particularly important to the British administration, the respect, which both in London and Versailles, is supposed to be due to the honor, dignity and interest of royalty, would probably have forever prevented our bringing this Article so near to the views of Congress and the sovereign rights of the States as it now stands. When it is considered, that it was utterly impossible to render this Article perfectly consistent, both with American and British ideas of honor, we presume that the middle line adopted by this Article, is as little unfavorable to the former as any that could in reason be expected.

As to the Separate Article, we beg leave to observe, that it was our policy to render the navigation of the river Mississippi so important to Britain, as that their views might correspond with ours on that subject. Their possessing the country on the river, north of the line from the Lake of the Woods, affords a foundation for their claiming such navigation. And as the importance of West Florida to Britain was for the same reason rather to be strengthened than otherwise, we thought it advisable to allow them the extent contained in the Separate Article, especially as before the war it had been annexed by Britain to West Florida, and would operate as an additional inducement to their joining with us in agreeing, that the navigation of the river should forever remain open to both. The map used in the course of our negotiations was Mitchell's.

As we had reason to imagine that the Articles respecting the boundaries, the refugees, and fisheries, did not correspond with the policy of this Court, we did not communicate the preliminaries to the Minister until after they were signed; and not even then the Separate Article. We hope that these considerations will excuse our having so far deviated from the spirit of our instructions. The Count de Vergennes, on perusing the Articles, appeared surprised, but not displeased, at their being so favorable to us.

We beg leave to add our advice, that copies be sent us of the accounts directed to be taken by the different States, of the unnecessary devastations and sufferings sustained by them from the enemy in the course of the war. Should they arrive before the signature of the definitive treaty they might possibly answer very good purposes.

With great respect we have the honor to be, Sir, your most obedient and most humble servants,

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY,
HENRY LAURENS.

RESOLUTION OF CONGRESS RESPECTING COMMERCIAL STIPULATIONS.

In Congress, December 31st, 1782.

On the report of the committee to whom was referred a letter of the 14th of October last, from the Minister Plenipotentiary at the Court of Versailles,

Resolved, That the Ministers Plenipotentiary for negotiating peace, be instructed, in any commercial stipulations with Great Britain, which may be comprehended in a treaty of peace, to endeavor to obtain for the citizens and inhabitants of the United States, a direct commerce to all parts of the British dominions and possessions, in like manner as all parts of the United States may be opened to a direct commerce of British subjects; or, at least, that such direct commerce be extended to all parts of the British dominions and possessions in Europe and the West Indies. And the said Ministers are informed that stipulations are particularly expected by Congress, in case the citizens and subjects of each party are to be admitted to an equality in matters of commerce with the natives of the other party.

ENGLISH COMMISSIONERS DECLARATION OF THE CESSATION OF HOSTILITIES.

Paris, January 20th, 1783.

DECLARATION.

Whereas the Preliminary Articles agreed to, and signed this day, between his Majesty, the King of Great Britain, and his Most Christian Majesty, on the one part, and also between his said Britannic Majesty and his Catholic Majesty, on the other part, stipulate a cessation of hostilities between those three powers, which is to commence upon the exchange of the ratifications of the said Preliminary Articles; and whereas by the provisional treaty signed on the thirtieth of November last, between his Britannic Majesty and the United States of North America, it was stipulated, that the said treaty should have its effect as soon as peace between the said Crowns should be established; the underwritten Minister Plenipotentiary of his Britannic Majesty declares, in the name and by the express order of the King, his master, that the said United States of North America, their subjects and their possessions, shall be comprised in the suspension of arms above mentioned, and that they shall, consequently, enjoy the benefit of the cessation of hostilities, at the same periods and in the same manner as the three Crowns aforesaid, and their subjects and possessions, respectively; on condition, however, that on the part, and in the name, of the said United States of North America, there shall be delivered a similar declaration, expressing their assent to the present suspension of arms, and containing an assurance of the most perfect reciprocity on their part.

In faith whereof, we, the Minister Plenipotentiary of his Britannic Majesty, have signed this present declaration, and have thereto caused the seal of our arms to be affixed, at Versailles, this twentieth day of January, one thousand seven hundred and eightythree.

ALLEYNE FITZHERBERT.

Signature of the above Declaration by the American Commissioners.

We, the underwritten, Ministers Plenipotentiary of the United States of North America, having received from Mr Fitzherbert, Minister Plenipotentiary of his Britannic Majesty, a declaration relative to a suspension of arms to be established between his said Majesty and the said States, of which the following is a copy, viz; [See the preceding Declaration.]

We have, in the name of the said United States of North America, and in virtue of the powers we are vested with, received the above declaration, and do accept the same by these presents, and we do reciprocally declare, that said States cause to cease all hostilities against his Britannic Majesty, his subjects and possessions, at the terms or periods agreed to between his said Majesty the King of Great Britain, his Majesty the King of France, and his Majesty the King of Spain, in the same manner as stipulated between those three Crowns, and to have the same effect.

In faith whereof, we, Ministers Plenipotentiary from the United States of America, have signed the present declaration, and have hereunto affixed the seals of our arms, at Versailles, the twentieth of January, one thousand seven hundred and eightythree.

JOHN ADAMS,
B. FRANKLIN.

BRITISH KING'S PROCLAMATION DECLARING A CESSATION OF ARMS.

By the King.

A proclamation, declaring the cessation of arms, as well by sea as land, agreed upon between his Majesty, the Most Christian King, the King of Spain, the States-General of the United Provinces, and the United States of America, and enjoining the observance thereof

George R.

Whereas Provisional Articles were signed at Paris, on the thirtieth day of November last, between our Commissioner for treating of peace with the Commissioners of the United States of America, and the Commissioners of the said States, to be inserted in, and to constitute the treaty of peace proposed to be concluded between us and the said United States, when terms of peace should be agreed upon between us and his Most Christian Majesty; and whereas preliminaries for restoring peace between us and his Most Christian Majesty were signed at Versailles on the twentieth day of January last, by the Ministers of us and the Most Christian King; and whereas preliminaries for restoring peace between us and the King of Spain were also signed at Versailles on the twentieth day of January last, between the Ministers of us and the King of Spain; and whereas for putting an end to the calamity of war, as soon and as far as it may be possible, it has been agreed between us, his Most Christian Majesty, the King of Spain, the States-General of the United Provinces, and the United States of America, as follows, that is to say;

That such vessels and effects as should be taken in the Channel and in the North Seas, after the space of twelve days, to be computed from the ratification of the said Preliminary Articles, should be restored on all sides; that the term should be one month from the Channel and the North Seas, as far as the Canary Islands inclusively, whether in the ocean or in the Mediterranean; two months from the said Canary Islands, as far as the equinoctial line or equator; and, lastly, five months in all other parts of the world, without any exception, or any other more particular description of time or place;

And whereas the ratifications of the said Preliminary Articles, between us and the Most Christian King, in due form were exchanged by the Ministers of us, and of the Most Christian King, on the third day of this instant February; and the ratifications of the said Preliminary Articles, between us and the King of Spain, were exchanged between the Ministers of us and of the King of Spain, on the ninth day of this instant February, from which days, respectively, the several terms above mentioned, of twelve days, of two months, and five months, are to be computed; and whereas, it is our royal will and pleasure, that the cessation of hostilities, between us and the States-General of the United Provinces, and the United States of America, should be agreeable to the epochs fixed between us and the Most Christian King;

We have thought fit, by and with the advice of our Privy Council, to notify the same to all our loving subjects; and we do declare that our royal will and pleasure is, and we do hereby strictly charge and command all our officers, both at sea and land, and all our other subjects whatsoever, to forbear all acts of hostility, either by sea or land, against his Most Christian Majesty, the King of Spain, the States-General of the United Provinces, and the United States of America, their vessels, or subjects, from and after the respective times above mentioned, and under the penalty of incurring our highest displeasure.

Given at our Court at St James, the fourteenth day of February, in the twentythird year of our reign, and in the year of our Lord one thousand seven hundred and eightythree.

God save the King.

ALLEYNE FITZHERBERT TO THE COMMISSIONERS.

Paris, February 18th, 1783.

Gentlemen,

I have the honor to transmit to you herewith a packet, containing one hundred passports for American vessels, which I have this moment received by a courier from England.

I take this opportunity of acquainting you, that a proclamation was issued out in the King's name on the 14th instant, making known the cessation of hostilities, which has been agreed upon between the several belligerent powers; and declaring further, that the several epochas, at which the said armistice is to commence, between his Majesty and the United States of North America, are to be computed from the third day of this instant February, being the day on which the ratifications of the preliminaries were exchanged between his Majesty and the Most Christian King. I must add, that his Majesty was induced to take this step, under the firm expectation, that you, Gentlemen, will correspond to it on your parts, by adopting the same measure reciprocally, in the name of the States, your masters.

I have the honor to be, &c.

ALLEYNE FITZHERBERT.

AMERICAN COMMISSIONERS' DECLARATION OF THE CESSATION OF HOSTILITIES.

By the Ministers Plenipotentiary of the United States of America for making peace with Great Britain,

A DECLARATION

Of the cessation of arms, as well by sea as land, agreed upon between his Majesty the King of Great Britain and the United States of America.

Whereas Preliminary Articles were signed at Paris, on the thirtieth day of November last, between the Plenipotentiaries of his said Majesty the King of Great Britain and of the said States, to be inserted in, and to constitute the treaty of peace, to be concluded between his said Majesty and the said United States, when terms of peace should be agreed upon, between his said Majesty and his Most Christian Majesty. And whereas preliminaries for restoring peace, between his said Majesty the King of Great Britain and his Most Christian Majesty, were signed at Versailles, on the twentieth day of January last, by the respective Ministers of their said Majesties; and whereas preliminaries for restoring peace, between his said Majesty the King of Great Britain and his Majesty the King of Spain, were also signed at Versailles on the twentieth day of January last, by their respective Ministers; and whereas, for putting an end to the calamity of war, as soon and as far as possible, it has been agreed, between the King of Great Britain, his Most Christian Majesty, the King of Spain, the States-General of the United Provinces, and the United States of America, as follows, that is to say;

That such vessels and effects as should be taken in the Channel and in the North Seas, after the space of twelve days, to be computed from the ratification of the said Preliminary Articles, should be restored on all sides; that the term should be one month, from the Channel and North Seas as far as the Canary Islands, inclusively, whether the ocean or the Mediterranean; two months from the said Canary Islands, as far as the Equinoctial Line, or Equator; and, lastly, five months in all other parts of the world, without any exception, or any other more particular description of time or place;

And whereas the ratifications of the said Preliminary Articles between his said Majesty the King of Great Britain and his Most Christian Majesty, in due form were exchanged by their Ministers, on the third day of this instant February, from which day the several terms abovementioned, of twelve days, of one month, of two months, and of five months, are to be computed, relative to all British and American vessels and effects;

Now, therefore, we, the Ministers Plenipotentiary from the United States of America, for making peace with Great Britain, do notify to the people and citizens of the said United States of America, that hostilities on their part against his Britannic Majesty, both by sea and land, are to cease at the expiration of the terms herein before specified therefor, and which terms are to be computed from the third day of February instant. And we do, in the name and by the authority of the said United States, accordingly warn and enjoin all their officers and citizens, to forbear all acts of hostility whatever, either by land or by sea, against his said Majesty the King of Great Britain, or his subjects, under the penalty of incurring the highest displeasure of the said United States.

Given at Paris, the twentieth day of February, in the year of our Lord one thousand seven hundred and eightythree, under our hands and seals.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, March 25th, 1783.

Gentlemen,

I am now to acknowledge the favor of your joint letter by the Washington, together with a copy of the Preliminary Articles; both were laid before Congress. The Articles have met with their warmest approbation, and have been generally seen by the people in the most favorable point of view.

The steadiness manifested in not treating without an express acknowledgment of your independence previous to a treaty is approved, and it is not doubted but it accelerated that declaration. The boundaries are as extensive as we have a right to expect; and we have nothing to complain of with respect to the fisheries. My sentiments as to English debts you have in a former letter. No honest man could wish to withhold them. A little forbearance in British creditors, till people have recovered in part from the losses sustained by the war, will be necessary to render this Article palatable, and indeed to secure more effectually the debt. The Article relative to the loyalists is not quite so accurately expressed as I could wish it to have been. What for instance is intended by real British subjects? It is clear to me that it will operate nothing in their favor in any State in the union, but as you made no secret of this to the British Commissioners, they will have nothing to charge you with; and indeed the whole clause seems rather to have been inserted to appease the clamor of these poor wretches, than to satisfy their wants. Britain would have discovered more candor and magnanimity in paying to them three months' expense of the war establishment, which would have been an ample compensation for all their losses, and left no germ of dissatisfaction to bud and bloom and ripen into discontents here. Another mad Administration may think the noncompliance of the Legislatures with the recommendations of Congress on this subject, a sufficient cause for giving themselves and us new troubles. You however were perfectly right in agreeing to the Article, the folly was theirs, who did not either insist upon more, or give up this.

But, Gentlemen, though the issue of your treaty has been successful, though I am satisfied that we are much indebted to your firmness and perseverance, to your accurate knowledge of our situation, and of our wants for this success, yet I feel no little pain at the distrust manifested in the management of it; particularly in signing the treaty without communicating it to the Court of Versailles till after the signature, and in concealing the Separate Article from it even when signed. I have examined with the most minute attention all the reasons assigned in your several letters to justify these suspicions. I confess they do not appear to strike me so forcibly as they have done you; and it gives me pain, that the character for candor and fidelity to its engagements, which should always characterise a great people, should have been impeached thereby. The concealment was in my opinion absolutely unnecessary; for had the Court of France disapproved the terms you had made, after they had been agreed upon, they could not have acted so absurdly as to counteract you at that late day; and thereby put themselves in the power of an enemy, who would certainly betray them, and perhaps justify you in making terms for yourselves.

The Secret Article is no otherwise important, than as it carries in it the seeds of enmity to the Court of Spain, and shows a marked preference for an open enemy. It would in my opinion, have been much better to have fixed on the same boundaries for West Florida, into whatever hands it fell, without showing any preference, or rendering concealment necessary; since all the arguments in favor of the cession to England would then have operated with equal force, and nothing have been lost by it; for there can be no doubt, that whether Florida shall at the close of the war be ceded to England or to Spain, it will be ceded as it was held by Britain. The Separate Article is not, I suppose, by this time a secret in Europe; it can hardly be considered as such in America. The treaty was sent out to the General with this Article annexed by Sir Guy Carleton, without the smallest injunction of secrecy. So that I dare say it has been pretty generally read at head quarters. Congress still conceal it here. I feel for the embarrassment explanations on this subject must subject you to, when this secret is known to your allies.

I intended to have submitted this letter to Congress, but I find there is not the least prospect of obtaining any decision upon it in time to send by this conveyance, if at all. I leave you to collect their sentiments, as far as I know them, from the following state of their proceedings. After your joint and separate letters, and the journals had been submitted to them by me, and had been read, they were referred back to me to report upon, when I wrote them a letter, and when it was taken into consideration, motions were made and debated a whole day. After which the letter and motions were committed, and a report brought in. This was under consideration two days, when the arrival of a vessel from Cadiz with letters from the Count d'Estaing and the Marquis de Lafayette, containing accounts, that the preliminaries were signed, induced many members to think it would be improper to proceed in the report, and in that state it remains without any express decision. From this you will draw your own inferences.

I make no apology for the part I have taken in this business. I am satisfied you will readily acquit me for having discharged what I conceived to be my duty upon such a view of things as you presented to me. In declaring my sentiments freely, I invite you to treat me with equal candor in your letters, and in sending original papers, I guard against misrepresentations that might give you pain. Upon the whole I have the pleasure of assuring you, that the services you have rendered your country, in bringing this business to a happy issue, are very gratefully received by them; however we may differ in sentiments about the mode of doing it.

I am sorry that the extreme negligence of the different States, has prevented, and will probably long prevent, my being able to send you a state of the injury done to real property, and the number of slaves destroyed and carried off by the British troops and their allies, though no pains have been, or shall be wanting, on my part to urge them to it.

I have the honor to be, Gentlemen,

ROBERT R. LIVINGSTON.

PROCLAMATION OF CONGRESS DECLARING A CESSATION OF ARMS.

By the United States of America in Congress assembled.

A PROCLAMATION,

Declaring the cessation of arms, as well by sea as by land, agreed upon between the United States of America and his Britannic Majesty, and enjoining the observance thereof.

Whereas Provisional Articles were signed at Paris on the 30th day of November last, between the Ministers Plenipotentiary of the United States of America for treating of peace, and the Minister Plenipotentiary of his Britannic Majesty, to be inserted in, and to constitute the treaty of peace proposed to be concluded between the United States of America and his Britannic Majesty, when terms of peace should be agreed upon between their Most Christian and Britannic Majesties; and whereas preliminaries for restoring peace between their Most Christian and Britannic Majesties were signed at Versailles, on the 20th day of January last, by the Ministers of their Most Christian and Britannic Majesties; and whereas preliminaries for restoring peace between the said King of Great Britain and the King of Spain, were also signed at Versailles on the same 20th day of January last;

By which said Preliminary Articles it has been agreed, that as soon as the same were ratified, hostilities between the said Kings, their kingdoms, states and subjects, should cease in all parts of the world; and it was further agreed, that all vessels and effects that might be taken in the Channel and in the North Seas, after the space of twelve days from the ratification of the said Preliminary Articles, should be restored; that the term should be one month from the Channel and North Seas as far as the Canary Islands, inclusively, whether in the ocean or the Mediterranean; two months from the said Canary Islands as far as the Equinoctial line or Equator; and lastly, five months in all other parts of the world, without any exception or more particular description of time or place;

And whereas it was declared by the Minister Plenipotentiary of the King of Great Britain, in the name and by the express order of the King his master, on the said 20th day of January last, that the said United States of America, their subjects and their possessions, shall be comprised in the above mentioned suspension of arms, at the same epochs, and in the same manner as the three Crowns abovementioned, their subjects and possessions respectively; upon condition, that on the part and in the name of the United States of America, a similar declaration shall be delivered, expressly declaring their assent to the said suspension of arms, and containing an assurance of the most perfect reciprocity on their part;

And whereas the Ministers Plenipotentiary of these United States, did, on the 20th day of January, in the name and by the authority of the said United States, accept the said declaration, and declare that the said States should cause all hostilities to cease against his Britannic Majesty, his subjects and his possessions, at the terms and epochs agreed upon between his said Majesty the King of Great Britain, his Majesty the King of France, and his Majesty the King of Spain, so and in the same manner as had been agreed upon between those three Crowns, and to produce the same effects;

And whereas the ratifications of the said Preliminary Articles, between their Most Christian and Britannic Majesties, were exchanged by their Ministers on the 3d day of February last; and between his Britannic Majesty and the King of Spain, on the 9th day of February last;

And whereas it is our will and pleasure, that the cessation of hostilities between the United States of America and his Britannic Majesty, should be conformable to the epochs fixed between their Most Christian and Britannic Majesties;

We have thought fit to make known the same to the citizens of these States; and we hereby strictly charge and command all our officers, both by sea and land, and other subjects of these United States, to forbear all acts of hostility, either by sea or by land, against his Britannic Majesty or his subjects, from and after the respective times agreed upon between their Most Christian and Britannic Majesties, as aforesaid.

And we do further require all governors and others, the executive powers of these United States respectively, to cause this our proclamation to be made public, to the end that the same may be duly observed within their several jurisdictions.

Given under the seal of the United States. Witness, his Excellency Elias Boudinot, President, this twelfth day of April, in the year of our Lord one thousand seven hundred and eightythree, and of the sovereignty and independence of the United States the seventh.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, April 21st, 1783.

Gentlemen,

Upon the receipt of the Provisional Articles, and a subsequent account brought by a vessel, despatched by Count d'Estaing, I wrote letters to Sir Guy Carleton and Admiral Digby, to which I received answers. You will find them cold and distant. Those they wrote to the Minister of France, in answer to similar communications made by him, were still more so, and contain the same illiberal doubts which are mentioned in mine, expressed in much stronger terms. When they received an authentic account of the treaty, they sent a copy of it, (no part being omitted) to Congress, through the General. When the Proclamation for the cessation of hostilities was received at New York, it was sent to me by an officer with a letter, to which I returned an answer.

After this two great questions were agitated in Congress. 1st. Whether they should proceed to the immediate ratification of the Provisional Articles; and 2dly. Whether they should release their prisoners. Some maintained with respect to the first of these points, that they knew not in what light to consider the Provisional Articles, whether as preliminaries or a definitive treaty. That the preamble said they were to constitute the treaty, while at the same time, they were only to be inserted in it. These terms they considered as contradictory; and they wished to have explanations from you on this head, to know what the operation of a ratification would be, and they inferred from your silence, that none was necessary. They observed, that no time was set for the evacuation of New York; that the ratification would in some measure compel them to release their prisoners, and thus strengthen their hands, when it was possible a definitive treaty might not take effect between Great Britain and France; and that the ratification and the restoration of prisoners, if it left us nothing more to do, was in some sort to desert our allies. To this it was answered, that the Provisional Articles were only to be received as preliminary, that from the very nature of them, they could not he definitive; that the ratification would not alter the nature of them, but confirm them as they stood; that they were confessedly very advantageous to us; that the neglecting any such acceptation of them as was necessary on our part would give the enemy a pretence for violating the stipulations they contained; that the principal points between France and Great Britain being settled, we had no reason to apprehend a failure of a definitive treaty; that it was important to show, that we were determined to adhere in every particular to the engagements you had made. These arguments prevailed, and a resolution passed directing the ratification which I enclose. It is probable that the definitive treaty will be signed before this can reach you, otherwise it would be extremely desirable that some ambiguities in the Provisional Articles should be cleared up, and other objects, which have been at different times touched upon in my public letters, attended to.

The sixth Article is not so precisely expressed as to point out to what time the word future refers, whether to the signature of the Provisional Articles, whether to the act, which gave it the force of a treaty, or to the definitive treaty. Though I should suppose the second to be the intention from the opposition between the words now, and the time of the ratification in America.

The seventh Article leaves the time for the evacuation of New York upon so loose a footing, that I fear our troublesome guests will long continue to be such, unless a day is fixed on for their departure, in the definitive treaty. You can easily conceive the impatience that the distressed inhabitants of New Fork feel at every moment's delay; and the fears and jealousies that prevail among them lest it should be meant to retain these posts as pledges for the performance of the stipulations in favor of the tories. By the debates in Parliament on the 3d of March, it is evident that they had then no orders to evacuate.

You will observe that the ratification does not extend to the Separate Article. The treaty between Spain and Great Britain renders it unnecessary; and Congress not caring to express any sentiment upon that subject, I refer you to my letters to Dr Franklin and Mr Jay upon the subject of a free trade with the West Indies, and the logwood trade, which are important objects here; and, I hope, will be attended to in your definitive treaty. It were to be wished that the ambiguity with respect to the time of the cessation of hostilities upon this coast was cleared up, and the construction we put upon it adopted, to wit, that by as far as the Canaries, was intended the latitude of the Canaries, which construction can be supported by a variety of arguments, and is extremely important to us, as a number of our vessels have been taken since the 3d of March.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

MR GRAND TO THE COMMISSIONERS.

Paris, May 10th, 1783.

Gentlemen,

It is some months ago since I had the honor to write you, and am well persuaded, although I received no answer thereto, that it will have engaged your attention. I earnestly wish it may have been productive of an improvement to the finances of Congress, which I then foresaw would be short of our wants, and which is, unfortunately, too much the case at present.

Last month, I remitted to the honorable Robert Morris, the state of his account; the balance of which was 413,892 livres 13c. 9s. due to me. This, added to the subsequent payments I had to make, would have thrown me into a state of perplexity, had it not been for the assistance given me by the Garde du Trésor Royal.

You will see, Gentlemen, by the statement I have the honor to enclose for your consideration, that the sums I am to pay, exceed by one million those that are to be paid me. And making even abstraction of all that is not Mr Morris' bill, there still remains a defect of 500,000 livres, independent of the allowance to be made for his usual wants, from January 24th (date of his last bills) up to the 12th of March.

I am happy to have it in my power to say, that I have exerted to this instant, all that my zeal and my faculties could suggest to me. Did the last keep pace with the former, I should never have applied but to them. However, the state of affairs is such now, that a resolution must be taken relative thereto; and, even, without delay; the bearers of Mr Morris's bills growing so urgent upon me, that rather than to have occasioned any difficulty before I could be informed of your resolution, I preferred accepting a further sum of 54,000 livres this day.

I crave your Excellencies will honor me with a quick answer; meantime, I remain &c.

GRAND.

State of the Finances of Congress at Paris, on the 10th of May, 1783.

Balance due to me on the last account,	Livres	413,892	13	9
Sums paid by his Excellency Benjamin Franklin's orders,		172,001	5	1
The honorable Robert Morris's drafts to be paid,		1,872,871	1	10
His fresh drafts from January 24th, at60 days sight, of which I have alreadyaccepted 54,000 livres,		804,371	8
		_______________
		3,263,136	8	8
Interest on the Dutch Loan,	400,000
Sabatier & Desprez' claim for articles to the Marquis de Lafayette,	134,000
	______	534,000
		_______________
	Livres	3,797,136	8	8

M. DE LAFAYETTE TO THE COMMISSIONERS.

Paris, May 12th, 1783.

Gentlemen,

Having yesterday conferred with Count de Vergennes upon some public concerns, he requested I would tell you what, instead of troubling you with the demand of a meeting, I think better to mention in this note.

The several powers, said he, are going to make up their treaties, and when ready to sign, they will, of course, meet to do it all together. The mediation of the Emperor and that of Russia have been required, and under that mediation the French treaty will be signed; it now rests with America to know, if she will conclude her treaty under the mediation, or chooses to let it alone. There is no necessity for it. But, in case you prefer to have it, Count de Vergennes thinks it is time to join with England in making a combined application to the Court of Vienna and that of Petersburg.

So far, Gentlemen, I have been requested to speak to you. I will add, that from my last conferences on the subject, I hope we may get the harbor of L'Orient, as we have wished, for the American trade.

Be pleased to accept the assurances of my great and affectionate respect.

LAFAYETTE.

DAVID HARTLEY'S COMMISSION.

George R.

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch Treasurer and Prince Elector of the Holy Roman Empire, and so forth, to all to whom these presents shall come, Greeting.

Whereas, for the perfecting and establishing the peace, friendship, and good understanding so happily commenced by the Provisional Articles signed at Paris, the thirtieth day of November last, by the Commissioners of us, and our good friends, the United States of America, viz; New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, and for opening, promoting, and rendering perpetual, the mutual intercourse of trade and commerce, between our kingdoms and the dominions of the said United States, we have thought proper to invest some fit person with full powers on our part to meet and confer with the Ministers of the said United States, now residing at Paris, duly authorised for the accomplishing of such laudable and salutary purposes.

Now know ye, that we, reposing special trust and confidence in the wisdom, loyalty, diligence, and circumspection of our trusty and well beloved David Hartley, (on whom we have heretofore conferred the rank of our Minister Plenipotentiary,) have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him, our true, certain, and undoubted Commissioner, Procurator, and Plenipotentiary; giving and granting to him all, and all manner of faculty, power, and authority, together with general, as well as special order (so as the general do not derogate from the special, nor on the contrary,) for us, and in our name, to meet, confer, treat, and conclude with the Minister or Ministers, furnished with sufficient powers, on the part of our said good friends, the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplishing and completing the several ends and purposes herein before mentioned, and also for us, and in our name to sign such treaty or treaties, convention or conventions, or other instruments whatsoever, as may be agreed upon in the premises; and mutually to deliver and receive the same in exchange, and to do and perform all such other acts, matters, and things, as may be anyways proper and conducive to the purposes abovementioned, in as full and ample form and manner, and with the like validity and effect, as we ourself, if we were present, could do and perform the same; engaging and promising, on our royal word, that we will accept, ratify, and confirm in the most effectual manner all such acts, matters, and things, as shall be so transacted and concluded by our aforesaid Commissioner, Procurator, and Plenipotentiary, and that we will never suffer any person to violate the same, in the whole, or in part, or to act contrary thereto.

In testimony and confirmation of all which, we have caused our great seal of Great Britain to be affixed to these presents, signed with our royal hand.

Given at our palace at St James, the fourteenth day of May, in the year of our Lord one thousand seven hundred and eightythree, and the twentythird year of our reign.

I, David Hartley, the Minister abovementioned, certify the foregoing to be a true copy from my original commission, delivered to the American Ministers this 19th day of May, 1783.

D. HARTLEY.

AN ORDER OF THE BRITISH COUNCIL.

Copy of the Order in Council, the 14th of May, 1783, read to, and left with the American Ministers, this 21st day of May, 1783, by Mr Hartley.

At the Court of St James, May 14th, 1783.

Present. The King's Most Excellent Majesty in Council.

Whereas, by an act of Parliament passed this session, entitled, "An Act for preventing certain instruments from being required from ships belonging to the United States of America, and to give to his Majesty, for a limited time, certain powers for the better carrying on trade and commerce between the subjects of his Majesty's dominions and the inhabitants of the said United States," it is, among other things, enacted, that, during the continuance of the said act, it shall, and may be lawful for his Majesty in Council, by order or orders to be issued and published from time to time, to give such directions, and to make such regulations with respect to duties, drawbacks, or otherwise, for carrying on the trade and commerce between the people and territories belonging to the Crown of Great Britain, and the people and territories of the said United States, as to his Majesty in Council shall appear most expedient and salutary, any law, usage, or custom to the contrary notwithstanding. His Majesty, does, therefore, by, and with the advice of his Privy Council, hereby order and direct, that any oil, or unmanufactured goods or merchandises, being the growth or production of any of the territories of the said United States of America, may, (until further order) be imported directly from thence into any of the ports of this kingdom, either in British or American ships, by British subjects, or by any of the people inhabiting in, and belonging to the said United States, or any of them, and such goods and merchandises shall and may be entered and landed in any port in this kingdom, upon payment of the same duties, as the like sort of goods are, or may be subject and liable to, if imported by British subjects in British ships from any British island or plantation in America, and no other, notwithstanding such goods or merchandises, or the ships in which the same may be brought, may not be accompanied with the certificates, or other documents heretofore required by law; and it is hereby further ordered and directed, that there shall be the same drawbacks, exemptions, and bounties on merchandises and goods exported from Great Britain into the territories of the said United States of America, or any of them, as are allowed upon the exportation of the like goods or merchandise, to any of the islands, plantations, or colonies belonging to the Crown of Great Britain in America; and it is hereby further ordered and directed, that all American ships and vessels, which shall have voluntarily come into any port of Great Britain, since the 20th of January, 1783, shall be admitted, together with the goods and merchandises on board the same ships and vessels, to the full benefit of this order; and the Right Honorable the Lords, Commissioners of his Majesty's Treasury, and the Lords, Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.[14]

WILLIAM FAWKNER.

FOOTNOTE:

[14] See the following Papers in Henry Laurens's Correspondence, Vol. II. pp. 499-502, viz.

1. Articles proposed to the American Commissioners by Mr Hartley.

2. Mr Hartley's proposed Article of Agreement, delivered by him to the American Commissioners for their consideration, May 21st, 1783.

3. Observations and propositions of Mr Hartley, left with the American Ministers, May 21st, 1783.

Also in Franklin's Correspondence, Vol. IV. pp. 78, 80, 92, and the following, viz.

1. Conciliatory Propositions.

2. Sketch of a Provisional Treaty of Commerce.

3. Supplemental Treaty.

COUNT DE VERGENNES' PROPOSED NEW ARTICLES.

[Delivered to Dr Franklin on the 20th of May, 1783.]

Translation.

The intention of his Most Christian Majesty and the United States of North America, in concluding between them a treaty of amity and commerce, having been, that their respective subjects should enjoy all the advantages, privileges, and exemptions, which the most favored nations enjoy or may enjoy, and his said Majesty and the United States, wishing to prevent any misunderstandings that may arise by a false application of the 2d and 3d Articles of the treaty of commerce of February 6th, 1778, have thought it proper to determine in a precise manner the principles which ought to be followed on one part and the other, concerning the matter in question. In consequence, it is proposed, that his Majesty and the Congress of the United States agree to the following Articles.

Article i. To interpret, as far as is necessary, the 2d Article of the treaty of amity and commerce, concluded February 6th, 1778, the United States declare, that all the advantages, privileges, and exemptions, which are accorded, or may be accorded hereafter, in regard to navigation and commerce, to any nation, power, or state, whatever, shall be common to the French nation, and that these shall be enjoyed conformably to Article 3d of the treaty, in such manner that in no case, or under any pretext, shall the said United States exact any compensation from his Most Christian Majesty.

Article ii. His Most Christian Majesty promises and engages on his part, to cause the subjects of the United States to enjoy, in conformity with the 3d Article abovementioned, all the advantages, privileges, and exemptions, which the most favored nations now enjoy, or may enjoy hereafter, and that without exacting any compensation from the said States.

TO MR GRAND.

Paris, May 22d, 1783.

Sir,

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.

If we can agree upon an article of intercourse and commerce, in the nature of a temporary convention, on the basis of the Memorial, which I had the honor of giving lately to you, bearing date 19th of May, 1783, no time need be lost in finishing this business; but with this explanation, that although it is proposed, that the commerce between the United States and the British West Indies should be free with regard to their respective productions, yet, that we are not bound to admit the importation of West India commodities into Great Britain in American vessels. Believe me, Gentlemen, that this restriction does not proceed from any invidious disposition towards the American States. It is imposed by indispensable prudence and necessity upon the British Ministers, who, in the present state of things, could not be justified to their own country, to go hastily to a larger extent of concession. This point is not to be looked upon merely as commercial, but as affecting fundamentally the great political system of British navigation; and you are to consider, that the principle, upon which the whole of our proposed temporary convention is to stand, is, that the commerce between the two countries is to be revived nearly upon the old footing; but that each nation is to keep in its own hands, the power of making such regulations respecting navigation, as shall seem fit. I assure you, that this point has been discussed by the Ministers of the British cabinet with infinite candor, and with every possible disposition of amity and favor towards your country; but the more they have inquired upon this subject, the more they are overborne by conviction, that the prejudices upon this matter (if that be the name these opinions deserve) are so strong, that such a measure as a relaxation of the act of navigation, in this instance, never can be taken, but upon such a full and solemn Parliamentary inquiry, as it is impossible to go into at this time of the year, and in this stage of the session. I cannot, therefore, Gentlemen, help flattering myself, that you, who are so well acquainted with difficulties, which must embarrass an English administration in a business of this sort, will rather endeavor to remove them, than to increase them; and I am sure, that such a plan, on your part, would ultimately be most conducive to your own objects. When an amicable intercourse is once opened, and when conciliatory confidence comes to take place of those jealousies, which have lately subsisted, you may easily conceive in how different a manner the whole of this matter will be considered. I am confident that this will be the case, but if it is not, the provisions being only temporary, it will be in the power of the United States, to take up any hostile mode of proceeding, by restraints and prohibitions, &c. whenever they may think fit.

I have made use above of the word prejudices in speaking of the principles of the British act of navigation. I hope you will accept that term from me, as proceeding so far in compliance towards the future consideration of the points now between us, as to keep the question open and free for discussion. If Great Britain should, in any case, throw down the barriers of her act of navigation towards America, she should be very secure against the possible case of future enmity, or alliance against her. Such considerations as these, lead to objects far beyond our present scope or powers. But I must still add one word more upon this article of prejudices. Such prejudices (if they are so) are not confined to Great Britain. By your commercial treaty with France, Article 4th, you are only entitled to an European trade with that kingdom, and not, even by that treaty, to any direct commerce between their West India Islands and the ports of the American States; much less to the immediate communication between the French Islands and the dominions of the Crown of France in Europe. Every public proceeding in England, since the commencement of our present negotiation for opening the intercourse and commerce between our two countries, will, I am sure, support me in saying, that we have very liberally taken the lead; that we have not waited for any assurance of reciprocity, but have given orders for almost a universal admission of American articles, before we even know that any vessel from Great Britain will find admission into any American ports. What do we ask in return? No more than this; that while we gratuitously, and without stipulation, give advantages and favors to the American States, which we deny to all other nations, they would so far justify our liberal way of proceeding, as to receive us in the same manner as other nations, which are foreign, and to permit us to carry to North America, what it is evidently for their interest that we should carry thither.

I need hardly add, that it is of infinite importance, that some temporary convention should be finished without loss of time. I hope and trust that we shall not find much more difficulty in this business. You must see the advantage of an immediate renewal of intercourse, and from the candor of your dispositions, I am sure you must likewise be convinced, that to give us some facility in the outset, is the sure road to such an equitable arrangement for the future, as you must have at heart. The reasons, which I have given in the Memorial appear to me to be cogent and convincing, upon the natural alliance between our two countries. And when the intercourse has once begun, everything will go in its natural road. It is, therefore, of infinite consequence to begin that intercourse. Great Britain, by all public proceedings of repeals, proclamations, &c. &c. has made the first advances, with warmth and confidence, and, therefore, I conclude, with the fullest assurance, that you will meet those advances with cordial reciprocity.

I have the honor to be, &c.

D. HARTLEY.

DAVID HARTLEY'S MEMORIAL TO THE COMMISSIONERS.

The proposition, which has been made for a universal and unlimited reciprocity of intercourse and commerce, between Great Britain and the American United States, requires a very serious consideration on the part of Great Britain, for the reasons already stated in a Memorial, dated May 19th, 1783, and for many other reasons, which in the future discussion of the proposition will appear. To the American States, likewise, it is a matter of the deepest importance, not only as a proposition of commercial intercourse, which is the least part, but most principally, as a political basis and guarantee for their newly established constitutions. The introduction of British interests into a communion of intercourse, will bring forward a universal guarantee on the part of Great Britain, in the future progress of political events, which may affect the United States of America in their national capacity. The proposition is fertile in future prospects to Great Britain; and America also may wisely see in it a solid foundation for herself.

All circumstances are most fortunately disposed between Great Britain and the American States, to render them useful friends and allies to each other, with a higher degree of suitableness between themselves than any other nations can pretend to. France cannot interchange reciprocities with the American States, by reason of numberless impediments in her system of government, in her monopolies, and her system of commerce. France has the great disability of difference in language to contend with; and the institution of the present French manufactures has never, at any time heretofore, been trained or adapted to American commerce. The only particular and pacific facility which France ever possessed for American intercourse, has for many years been transferred into the British scale by the cession of Canada to Great Britain. The future commerce, between France and America, will chiefly be regulated by such conveniences as France can draw to herself from America, without much aptitude on the part of France, to accommodate her manufactures and commerce to American demands. In short, an interchange of reciprocities between France and America, would run against the stream on both sides; and all established habits, manners, language, together with the principles of government and commerce, would militate against such a system.

Conformably to this reasoning, it appears, that France has not at any time entertained any systematical design of forming any union or consolidation of interests with America. She took up the American cause, as instrumental to her political views in Europe. America likewise accepted the alliance with France, for her separate views, viz. for the establishment of her independence. The alliance, therefore, is completed and terminated, without leaving behind it any political principle of future permanent connexion between them. Occasional circumstances produced a temporary alliance. Similar circumstances may, on any future occasion, produce a similar event of a temporary compact. Dissimilar circumstances, arising from any future political views of the Court of France in Europe, may without any inconsistency of principle, throw the power of that kingdom into a scale adverse to the future interests of the American States. In such case, therefore, where there cannot exist any permanent political connexion between France and America, and where the commercial attachments can be but feeble, it would be vain to expect in the French nation any such ally, as newly established States ought to look out for, to give maturity and firmness to their constitutions.

As to Spain, every argument which has been stated respecting diversity of language, manners, government, monopolies, and system of commerce, from those which prevail in the United States of America, obtains in a superior degree. And much more to add besides, for Spain is not only incompetent to interchange reciprocities with the American States, but likewise her own situation in America will at all times render her extremely jealous of her neighbors. The only activity which Spain has exerted in the war, has been to procure a barrier against the American States, by annexing West Florida to her former acquisition of New Orleans; thereby embracing the mouth of the Mississippi, and by means of that river, jointly with her landed possessions, establishing a strong and jealous boundary against any future progress of the American States in those parts. Spain, therefore, cannot be looked upon by the American States as a suitable object of their election, to become a permanent ally and friend to them. Portugal, likewise, labors under all the disabilities of language, manners, monopolies, government and system of commerce. Her national power and importance would be likewise insufficient to constitute a strong and permanent ally to the American States. All these nations will undoubtedly be found to have many commodious qualities for participation in commerce; but the permanent facilities necessary to constitute a firm and permanent ally to the American States, will be found deficient in them.

As to the Italian States, or any other powers in the Mediterranean, they are certainly not adequate to any competition of political alliance with the rising States of America. They will also form very commodious links and connexions in the general circuit of commerce; but beyond these considerations, they have no share in the present question. The several States in the Germanic body are in the same predicament.

As to the Northern powers, viz. those in the Baltic, they are not favored either by vicinity, or climate, for a frequent or facile intercourse of commerce with America. And even respecting several material articles of commerce, jealousies and competitions might arise. As to political alliances, there are no such in prospect from them to the American States. Even if there were any superfluity of force in any of them beyond the necessities of their respective domestic situations, the extreme distance would be conclusive against any possible application of such power, as a political alliance favorable to the establishment and conformation of the American States.

The only maritime state on the continent of Europe remaining to be discussed, as a competent candidate for commerce, or connexion with America, is the Republic of the United Netherlands, commonly called Holland. In respect to American commerce, the Dutch have among themselves every facility combined, which the separate States of Europe, possess distinctly in their own concerns, or nearly. Their industry, frugality, and habits of commerce, may even carry them so far, as to make them rivals to the Americans themselves, in the transportation of European merchandise to America. These faculties of commerce would have been of infinite importance to the American States, if the war had continued between Great Britain and them. But upon the event of peace, it becomes a matter of the most perfect indifference to America, whether each European State navigates its own commerce into the ports of America, which will open to all, or whether the commercial faculties of Holland enable her to exceed in rivalship her European neighbors, and thereby to navigate European goods to America beyond the proportion of her national share. The faculties of a nation of carriers may be fortunate for the marine of that nation; but considered in themselves, and with respect to other nations, they are but secondaries in commerce. They give no ground of reciprocities, or participation. That one nation should say to another, you shall navigate all our rivers, harbors, lakes, ports, and places, if we may do the same in yours, is a proposition of reciprocity; but that Holland should say to America, we will bring European goods to you, or you may be your own carriers, is neither concession nor reciprocity. Holland is not a nation of rivers, harbors, lakes, ports, and places, for the distribution of goods and manufactures for internal consumption, and, therefore, her reciprocities must be very scanty. Holland is the market-place of Europe, and the Dutch seamen are the carriers appertaining to that market-place. The admission of American ships to that market-place, freely to import and to export, is, undoubtedly, an act of reciprocity on the part of Holland as far as it goes, but in no degree adequate to the unlimited participation of American commerce throughout the rivers, harbors, lakes, ports, and places of that vast continent. The commercial reciprocities of Holland, therefore, being inferior, on her part, towards America, the next point of view in which Holland is to be considered, as relevant to this question, is, as a nation of power, capable of becoming an effectual and permanent ally and guarantee to the American States, for that is the great object, which America, as a wise nation, recently arisen into independence, ought to keep in view. Holland has certainly been a nation of great and celebrated naval force. She remains so still; but having for many years suspended her exertions of force, and having directed the faculties of her people into the commercial line, she seems not to have any superfluity of force beyond the necessity of providing for her own security; and, certainly, no such redundance of power, as to extend to the protection of distant nations, as allies or guarantees. It appears, therefore, upon the whole of this argument, that Holland, although a commercial nation, cannot even interchange commercial reciprocities with America upon an equal footing, and that her faculties of force are inadequate to those, which America ought to expect in the permanent allies and guarantees of her country.

The independence of the American States being established, their first consideration ought to be, to determine with what friendships and alliances they will enter into the new world of nations. They will look round them, and cast about for some natural, permanent, and powerful ally, with whom they may interchange all cementing reciprocities, both commercial and political. If such an ally be to be found anywhere for them, it is still in Great Britain; at least, it is certain, that, in looking round Europe, no other is to be found. There is no inherent impossibility to prevent such a connexion from taking place; it must depend on the free will and common interest of the parties. There are all possible faculties on both sides, to give and to receive all adequate and beneficial reciprocities, which are practicable and more likely to be permanent between independent parties, than between two parties, of which one is dependent on the other. Great Britain is, undoubtedly, the first of European nations, in riches, credit, faculties, industry, commerce, manufactures, internal consumption, and foreign export, together with civil liberty, which is the source of all, and naval power, which is the support of all. The dominions appertaining to the Crown of Great Britain are large and fertile; its Colonies still extensive, and in close vicinity to the American States, Great Britain being an American, as well as an European power, and all her empire connected by her naval force.

The territories of the American States, from the Atlantic ocean to the Mississippi, contain an inexhaustible source of riches, industry, and future power. These will be the foundations of great events in the new page of life. Infinite good, or infinite evil, may arise according to the principles upon which the intercourse between Great Britain and America shall be arranged in its foundation. Great Britain and America must be still inseparable, either as friends or foes. This is an awful and important truth. These are considerations not to be thought of slightly; not to be prejudged in passion, nor the arrangements of them to be hastily foreclosed. Time given for consideration may have excellent effects on both sides. The pause of peace, with friendly intercourse, returning affection, and dispassionate inquiry, can alone decide these important events, or do justice to the anxious expectations of Great Britain and America.

THE PRESIDENT OF CONGRESS TO THE COMMISSIONERS.

Philadelphia, June 16th, 1783.

Gentlemen,

I am sorry to inform you, that by the resignation of Mr Livingston as Minister for Foreign Affairs, it has become necessary that you should receive the resolutions of Congress, relative to your mission through my hands. The disadvantage arising from this necessity, until a successor to that worthy gentleman is appointed, will be yours, as it is impossible for me to do more than barely to transmit the acts of Congress necessary for your information.

Enclosed you have one of the 1st of May last, and another of the 12th instant, which I hope will get safe to hand time enough for your government. The commission and instructions referred to in the first, not being ready, it was thought best to forward the resolution without delay, that you might know what was intended in the present important period of your negotiation. We have been much surprised, that we have not received any communications from you since the cessation of hostilities, except a letter of the 5th of April, from Mr Laurens.

I have the honor to be, &c.

ELIAS BOUDINOT, President.

HENRY LAURENS TO THE COMMISSIONERS.

London, June 17th, 1783.

Gentlemen,

I had the honor of addressing you on the 10th, immediately after my landing at Dover. As early as possible after my arrival here, I obtained an interview with Mr Secretary Fox, who was pleased to read to me part of his latest despatches to Mr Hartley, which he supposed would reach Paris on the 14th. It is probable, therefore, that before this time, as much of the contents as is proper for your knowledge has been communicated.

"Reciprocity," since the 10th of April, has undergone a certain degree of refinement. The definition of that term appears now to be possession of advantages on one side, and restrictions on the other. "The navigation act is the vital of Great Britain, too delicate to bear a touch." The sudden and unexpected, perhaps illicit, arrival of ships and cargoes from America, may have caused this change of tone. But you have heard in detail, and are more competent to judge.

From a desire of forming an opinion, I asked Mr Fox, whether he thought I might venture for a few days, to take the benefit of Bath, and yet be in time enough at Paris for the intended commercial agreement? He replied, "I rather think you may." One need not be a conjurer to draw an inference; you will either have finished the business before I could travel to Paris, or without being missed there I may go to Bath and repair my nerves.

In this state of uncertainty, when it is easy to perceive affections are not as we could wish them, nor quite so warm as we had been taught to believe, it would not be wise to commit the United States; wherefore I shall rest the business till I hear from you, or until a more favorable prospect; flattering myself with hopes of your surmounting the late seeming difficulties. An inconvenience on your side is preferable to the hazard of a disgrace.

I am, with great regard and respect, &c.

HENRY LAURENS.

THE PRESIDENT OF CONGRESS TO B. FRANKLIN.

Philadelphia, June 18th, 1783.

Sir,

I have the honor of enclosing you an official letter, directed to our Ministers Plenipotentiary at Paris.

The resignation of the late Secretary for Foreign Affairs, (occasioned by his preference of the Chancellorship of the State of New York, which he could not hold longer and retain his Secretaryship,) has cast the business of his office on me, till a successor is elected, which I hope will speedily take place.

As part of the resolution of Congress of the 12th instant, enclosed in that letter, is of a secret nature, I have written it in cyphers, but not having that of Mr Livingston's, I thought it best to use Mr Morris's to you, which he has obligingly supplied me with; so that the Ministers will be indebted for your decyphering it.

Your letter to Mr Livingston of the 15th of April, enclosing the two medals, came to hand this morning. I am sorry to find, that you have cause for similar complaints to those we have been making for two months past, on the subject of want of intelligence. We have not heard from any of our Commissioners at Paris, since February, excepting a letter from Mr Laurens, though our anxiety and expectations have been wound up to the highest pitch.

I feel myself much indebted for your polite compliment of the medal; it is thought very elegant, and the device and workmanship much admired. You will be pleased, Sir, to accept my acknowledgments on this occasion. As I doubt not but the copper one was designed for Mr Livingston personally, I shall send it to him by the first convenient opportunity. He is a worthy deserving character, and the United States will suffer greatly by his resignation, though I think him justified in attending to the calls of his private affairs.

You will receive herewith a number of our late newspapers, in which are inserted many resolves, associations, &c. from all parts of the country, which I earnestly wish could be kept out of sight. But the truth is, that the cruelties, ravages, and barbarisms of the refugees and loyalists, have left the people so sore, that it is not yet time for them to exercise their good sense and cooler judgment. And that cannot take place, while the citizens of New York are kept out of their city, and despoiled daily of their property, by the sending off their negroes by hundreds, in the face of the treaty. It has been exceedingly ill judged in the British to retain New York so long, and to persist in sending away the negroes, as it has irritated the citizens of America to an alarming degree.

I have the honor to be, &c.

ELIAS BOUDINOT.

HENRY LAURENS TO THE COMMISSIONERS.

London, June 20th, 1783.

Gentlemen,

Permit me to refer to what I had the honor of writing to you the 17th. You will recollect my suggestions, as soon as we perceived the falling off from those warm assurances, which had been pressed in March and April. They were not ill founded. I delayed a week in hopes of intelligence, and left you with reluctance; the temper of the times forbids even an essay.

What a happy country is this, where everything pertaining to the public is rendered to them in public newspapers. See the enclosed, containing nearly as accurate an account of certain recent occurrences, as if it had been penned by one of the parties. It might indeed have been made a little stronger. Modest men are sometimes restrained from attempting a public good, from a dread of the effects of envy, of being held up in an invidious light. It would be cruel to disturb them.

I have heard nothing from America, save what you may have read in the prints. Tomorrow I shall proceed to Bath, and be waiting for intelligence, as well from yourselves as from Congress. Some consolation arises from reflecting, that while I am endeavoring to mend my health, you suffer no inconvenience from my absence.

With sincere regard and respect,

HENRY LAURENS.

TO THE COUNT DE VERGENNES.

Passy, June 28th, 1783.

Sir,

Mr Grand, banker to the Congress, having laid before us the annexed state of their affairs in his hands, we conceive ourselves indispensably obliged to communicate the same to your Excellency, as some important interests of both countries are concerned.[15]

Before the peace was known in America, and while Mr Morris had hopes of obtaining the five per cent duty and a larger loan from his Majesty, the immediate urgent necessities of the army obliged him to draw bills, and sell them to the merchants, to raise money for the purchase of provisions, to prevent their starving or disbanding.

The merchants have thereupon formed their plans of business, and remitted those bills to their correspondents here, to pay debts, and purchase goods in this kingdom, to be carried home in the ships, that are come, or coming to France, thus to open a larger commerce with this nation.

If those bills cannot be paid, the creditors of America will be disappointed and greatly hurt, and the commerce will be deranged and discouraged in its first operations, of which the numerous ill consequences are more easily imagined than described.

Our loan in Holland is going on, and with such prospect of success, that the bankers, who have the care of it, have lately sent by express to Mr Adams all the blank obligations, necessary to complete it, for him to sign, that they might have them ready to deliver, as demanded, his return thither being delayed.

This loan will, therefore, probably answer the bills Mr Morris has drawn on those bankers.

But the protesting any of his bills here would occasion such an alarm there, as must probably entirely stop any further progress of that loan, and thereby increase the mischief.

The government of the Congress would also be enfeebled by it.

We apprehend, too, that, in the present unsettled situation of our affairs with England, such a failure might have very ill effects, with respect to our negotiations.

We therefore request your counsel, hoping your wisdom, which has so often befriended our nation, may point out some way, by which we may be extricated from this distress.

And as the King has hitherto so generously assisted us, we hope that, if it is any way practicable, his Majesty will crown the glorious work, by affording us this help, at the different periods when it will be wanted, and which is absolutely the last that will be asked.

We are, with sincere and great respect, &c.

B. FRANKLIN,
JOHN JAY.

FOOTNOTE:

[15] See Mr Grand's letter above, p. [139].

PROPOSITIONS MADE BY THE COMMISSIONERS TO DAVID HARTLEY FOR THE DEFINITIVE TREATY.

Article i. To omit in the definitive treaty the exception, at the end of the second Article of the provisional treaty, viz. these words, "excepting such islands as now are, or heretofore have been within the limits of the said Province of Nova Scotia."

Article ii. The prisoners made respectively, by the arms of his Britannic Majesty, and the United States, by sea and by land, not already set at liberty, shall be restored reciprocally and bona fide, immediately after the ratification of the definitive treaty, without ransom, and on paying the debts they may have contracted during their captivity; and each party shall respectively reimburse the sums, which shall have been advanced, for the subsistence and maintenance of the prisoners, by the sovereign of the country where they shall have been detained, according to the receipts and attested accounts, and other authentic titles, which shall be produced on each side.

Article iii. His Britannic Majesty shall employ his good offices and interposition with the King or Emperor of Morocco or Fez, the Regencies of Algiers, Tunis and Tripoli, or with any of them, and also with every other Prince, State or power of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States and powers and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency and safety of the said United States and each of them, their subjects, people and inhabitants, and their vessels and effects, against all violence, insult, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects.

Article iv. If war should hereafter arise between Great Britain and the United States, which God forbid, the merchants of either country then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hinderance. And all fishermen, all cultivators of the earth, and all artisans and manufacturers unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably follow their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy in whose power, by the events of war, they may happen to fall; but if anything is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price. And all merchants or traders with their unarmed vessels employed in commerce, exchanging the products of different places and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain, and more general, shall be allowed to pass freely unmolested. And neither of the powers, parties to this treaty, shall grant or issue any commission, to any private armed vessels, empowering them to take or destroy such trading ships, or interrupt such commerce.

Article v. And in case either of the contracting parties, shall happen to be engaged in war with any other nation, it is further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall on any account be deemed contraband, so as to induce confiscation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such ships and detain them for such length of time as the captors may think necessary to prevent the inconveniences or damage that might ensue from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors. And it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying to the owners the full value of the same.

Article vi. The citizens and inhabitants of the said United States, or any of them, may take and hold real estates in Great Britain, Ireland, or any other of his Majesty's dominions, and dispose by testaments, donations or otherwise of their property, real or personal, in favor of such person as to them shall seem fit; and their heirs, citizens of the said United States, or any of them residing in the British dominions or elsewhere, may succeed them ab intestato, without being obliged to obtain letters of naturalization. The subjects of his Britannic Majesty shall enjoy on their parts, in all the dominions of the said United States, an entire and perfect reciprocity, relative to the stipulations contained in the present Article.

Article vii. The ratifications of the definitive treaty shall be expedited in good and due form, and exchanged in the space of five months, or sooner if it can be done, to be computed from the day of the signature.

Article viii. Query. Whether the King of Great Britain will admit the citizens of the United States to cut logwood on the district allotted to his Majesty by Spain, and on what terms?

DAVID HARTLEY'S SIX PROPOSITIONS FOR A DEFINITIVE TREATY.

June, 1783.

1st. That lands belonging to persons of any description, which have not actually been sold, shall be restored to the old possessors without price.

2dly. That an equal and free participation of the different carrying places, and the navigation of all the lakes and rivers of that country, through which the water line of division passes between Canada and the United States, shall be enjoyed fully and uninterruptedly by both parties.

3dly. That in any such places, within the boundaries assigned generally to the American States, as are adjoining to the water line of division, and which are not specifically under the dominion of any one State, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in peaceable enjoyment of all civil rights, and in pursuit of their respective occupations.

4thly. That in any such places adjoining to the water line of division, as may be under the specific dominion of any particular State, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations, until they shall receive notice of removal from the State to which any such place may appertain; and, upon any such notice of removal, a term of three years shall be allowed for selling, or withdrawing their valuable effects, and for settling their affairs.

5thly. That his Britannic Majesty's forces, not exceeding —— in number, may continue in the posts now occupied by them contiguous to the water line, for the term of three years, for the purpose of securing the lives, property, and peace of any persons settled in that country, against the invasion or ravages of the neighboring Indian nations, who may be suspected of retaining resentments, in consequence of the late war.

6thly. That no tax or impost whatsoever, shall be laid on any articles of commerce passing or repassing through the country, but that the trade may be left entirely open, for the benefit of all parties interested therein.

THE COMMISSIONERS' ANSWERS TO MR HARTLEY'S SIX PROPOSITIONS.

To the 1st. This matter has been already regulated in the 5th and 6th Articles of the Provisional Treaty, to the utmost extent of our powers. The rest must be left to the several States.

2dly. All the lakes, rivers, and waters, divided by the boundary line, or lines, between the United States and his Britannic Majesty's territories, shall be freely used and navigated by both parties, during the whole extent of such divisions. Regulations concerning roads, carrying places, and any land communications between said waters, whether within the line of the United States or that of his Majesty, together with the navigation of all waters and rivers in America, belonging to either party, may be made in a negotiation of a treaty of commerce.

3dly. That in all places belonging to the United States, in the country adjoining to the water line of division, and which, during the war, were in his Majesty's possession, all persons at present resident, or having possessions or occupations as merchants, or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations, until they shall receive notice of removal from Congress, or the State to which any such place may appertain; and that upon any such notice of removal, a term of two years shall be allowed for selling, or withdrawing their effects, and for settling their affairs.

4thly. That his Britannic Majesty's forces, not exceeding —— in number, may continue in the posts now occupied by them contiguous to the water line, until Congress shall give them notice to evacuate the said posts, and garrisons of their own shall arrive at said posts, for the purpose of securing the lives, property, and peace of any persons settled in that country, against the invasion or ravages of the neighboring Indian nations, who may be suspected of retaining resentments, in consequence of the late war.

5thly. The consideration of this proposition may be left to the treaty of commerce.

TO DAVID HARTLEY.

Passy, July 17th, 1783.

Sir,

We have the honor to inform you, that we have just received from Congress, their ratification in due form, of the Provisional Articles of the 30th of November, 1782, and we are ready to exchange ratifications with his Britannic Majesty's Ministers as soon as may be.

By the same Articles it is stipulated, that his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the United States, and from every port, place, and harbor within the same. But, by intelligence lately received from America, and by the enclosed copies of letters and conferences between General Washington and Sir Guy Carleton, it appears that a considerable number of negroes, belonging to the citizens of the United States, have been carried off from New York, contrary to the express stipulation contained in the said Article. We have received from Congress their instructions to represent this matter to you, and to request that speedy and effectual measures be taken to render that justice to the parties interested, which the true intent and meaning of the Article in question plainly dictates.

We are also instructed to represent to you, that many of the British debtors in America have, in the course of the war, sustained such considerable and heavy losses by the operations of the British arms in that country, that a great number of them have been rendered incapable of immediately satisfying those debts; we refer it to the justice and equity of Great Britain, so far to amend the Article on that subject, as that no execution shall be issued on a judgment to be obtained in any such case, but after the expiration of three years from the date of the definitive treaty of peace. Congress also think it reasonable, that such part of the interest, which may have accrued on such debts during the war, shall not be payable, because all intercourse between the two countries had, during that period, become impracticable, as well as improper. It does not appear just, that individuals in America should pay for delays in payment, which were occasioned by the civil and military measures of Great Britain. In our opinion, the interest of the creditors as well as the debtors, requires that some tenderness be shown to the latter, and that they should be allowed a little time to acquire the means of discharging debts, which, in many instances, exceed the whole amount of their property.

As it is necessary to ascertain an epocha for the restitutions and evacuations to be made, we propose, that it be agreed, that his Britannic Majesty shall cause to be evacuated the posts of New York, Penobscot, and their dependencies with all other posts and places in possession of his Majesty's arms within the United States, in the space of three months after the signature of the definitive treaty, or sooner, if possible, excepting those posts contiguous to the water line, mentioned in the 4th proposition, and those shall be evacuated when Congress shall give the notice therein mentioned.

We do ourselves the honor of making these communications to you, Sir, that you may transmit them, and the papers accompanying them, to your Court, and inform us of their answer.

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

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

TO ROBERT R. LIVINGSTON.

Passy, July 18th, 1783.

Sir,

We have had the honor of receiving by Captain Barney your two letters of the 25th of March and 21st of April, with the papers referred to in them.

We are happy to find, that the Provisional Articles have been approved and ratified by Congress, and we regret, that the manner in which that business was conducted, does not coincide with your ideas of propriety. We are persuaded, however, that this is principally owing to your being necessarily unacquainted with a number of circumstances, known to us, who were on the spot, and which will be particularly explained to you hereafter, and, we trust, to your satisfaction, and that of the Congress.

Your doubts respecting the Separate Article, we think, are capable of being removed; but as a full state of the reasons and circumstances, which prompted that measure, would be very prolix, we shall content ourselves with giving you the general outlines.

Mr Oswald was desirous to cover as much of the eastern shores of the Mississippi with British claims as possible; and, for this purpose, we were told a great deal about the ancient bounds of Canada, Louisiana, &c. &c. The British Court, who had, probably, not yet adopted the idea of relinquishing the Floridas, seemed desirous of annexing as much territory to them as possible, even up to the mouth of the Ohio. Mr Oswald adhered strongly to that object, as well to render the British countries there of sufficient extent to be (as he expressed it) worth keeping and protecting, as to afford a convenient retreat to the tories, for whom it would be difficult otherwise to provide; and, among other arguments, he finally urged his being willing to yield to our demands to the east, north, and west, as a further reason for our gratifying him on the point in question. He also produced the commission of Governor Johnson, extending the bounds of his government of West Florida, up to the river Yazoo; and contended for that extent as a matter of right, upon various principles, which, however, we did not admit, the King not being authorised, in our opinion to extend or contract the bounds of the colonies at pleasure.

We were of opinion, that the country in contest was of great value, both on account of its natural fertility and of its position, it being, in our opinion, the interest of America to extend as far down towards the mouth of the Mississippi as we possibly could. We also thought it advisable to impress Britain with a strong sense of the importance of the navigation of that river to their future commerce on the interior waters, from the mouth of the St Lawrence to that of the Mississippi, and thereby render that Court averse to any stipulations with Spain to relinquish it. These two objects militated against each other, because to enhance the value of the navigation, was also to enhance the value of the countries contiguous to it, and thereby disincline Britain to the dereliction of them. We thought, therefore, that the surest way to reconcile and obtain both objects would be by a composition beneficial to both parties. We therefore proposed, that Britain should withdraw her pretensions to all the country above the Yazoo, and that we would cede all below it to her, in case she should have the Floridas at the end of the war; and, at all events, that she should have a right to navigate the river throughout its whole extent. This proposition was accepted, and we agreed to insert the contingent fact of it in a separate Article, for the express purpose of keeping it secret for the present. That Article ought not, therefore, to be considered as a mere matter of favor to Britain, but as the result of a bargain, in which that Article was a quid pro quo.

It was in our opinion, both necessary and justifiable, to keep this Article secret. The negotiations between Spain, France, and Britain were then in full vigor, and embarrassed by a variety of clashing demands. The publication of this Article would have irritated Spain, and retarded, if not have prevented her coming to an agreement with Britain.

Had we mentioned it to the French Minister, he must have not only informed Spain of it, but also been obliged to act a part respecting it, that would probably have been disagreeable to America; and he certainly has reason to rejoice that our silence saved him that delicate and disagreeable task.

This was an Article, in which France had not the smallest interest, nor is there anything in her treaty with us, that restrains us from making what bargain we please with Britain about those or any other lands, without rendering account of such transaction to her or any other power whatever. The same observation applies with still greater force to Spain; and neither justice nor honor forbid us to dispose as we pleased of our own lands without her knowledge or consent. Spain at that very time extended her pretensions and claims of dominion, not only over the tract in question but over the vast region lying between the Floridas and Lake Superior; and this Court was also, at that very time, soothing and nursing those pretensions by a proposed conciliatory line for splitting the difference. Suppose, therefore, we had offered this tract to Spain, in case she retained the Floridas, should we even have had thanks for it? or would it have abated the chagrin she experienced from being disappointed in her extravagant and improper designs on that whole country? We think not.

We perfectly concur with you in sentiment, Sir, that "honesty is the best policy." But, until it be shown that we have trespassed on the rights of any man, or body of men, you must excuse our thinking that this remark as applied to our proceedings was unnecessary.

Should any explanations, either with France or Spain become necessary on this subject, we hope and expect to meet with no embarrassment. We shall neither amuse them nor perplex ourselves with flimsy excuses, but tell them plainly, that it was not our duty to give them the information; we considered ourselves at liberty to withhold it. And we shall remind the French Minister that he has more reason to be pleased than displeased with our silence. Since we have assumed a place in the political system of the world, let us move like a primary and not like a secondary planet.

We are persuaded, Sir, that your remarks on these subjects resulted from real opinion and were made with candor and sincerity. The best men will view objects of this kind in different lights even when standing on the same ground; and it is not to be wondered at, that we, who are on the spot and have the whole transaction under our eyes, should see many parts of it in a stronger point of light, than persons at a distance, who can only view it through the dull medium of representation.

It would give us great pain if anything we have written or now write respecting this Court should be construed to impeach the friendship of the King and nation for us. We also believe that the Minister is so far our friend, and is disposed so far to do us good offices, as may correspond with, and be dictated by his system of policy for promoting the power, riches, and glory of France. God forbid that we should ever sacrifice our faith, our gratitude, or our honor, to any considerations of convenience; and may He also forbid that we should ever be unmindful of the dignity and independent spirit, which should always characterize a free and generous people.

We shall immediately propose an Article to be inserted in the definitive treaty for postponing the payment of British debts for the time mentioned by Congress.

There are, no doubt, certain ambiguities in our Articles, but it is not to be wondered at, when it is considered how exceedingly averse Britain was to any expressions, which explicitly wounded the tories; and how disinclined we were to use any, that should amount to absolute stipulations in their favor.

The words for returning the property of real British subjects were well understood and explained between us, not to mean or comprehend American refugees. Mr Oswald and Mr Fitzherbert know this to have been the case, and will readily confess and admit it. This mode of expression was preferred by them, as a more delicate mode of excluding those refugees, and of making a proper distinction between them and the subjects of Britain, whose only particular interest in America consisted in holding lands or property there.

The 6th Article, viz. where it declares, that no future confiscations shall be made, &c. ought to have fixed the time with greater accuracy. We think the most fair and true construction is, that it relates to the date of the cessation of hostilities. That is the time when peace in fact took place, in consequence of prior informal, though binding, contracts to terminate the war. We consider the definitive treaties, as only giving the dress of form to those contracts, and not as constituting the obligation of them. Had the cessation of hostilities been the effect of truce, and consequently nothing more than a temporary suspension of war, another construction would have been the true one.

We are officially assured by Mr Hartley, that positive orders for the evacuation of New York have been despatched, and that no avoidable delay will retard that event. Had we proposed to fix a time for it, the British Commissioner would have contended, that it should be a time posterior to the date of the definitive treaty, and that would have been probably more disadvantageous to us, than as that Article now stands.

We are surprised to hear, that any doubts have arisen in America, respecting the time when the cessation of hostilities took place there. It most certainly took place at the expiration of one month after the date of that declaration, in all parts of the world, whether by land or sea, that lay north of the latitude of the Canaries.

The ships afterwards taken from us, in the more northerly latitudes, ought to be reclaimed and given up. We shall apply to Mr Hartley on this subject, and also on that of the transportation of negroes from New York, contrary to the words and intention of the provisional articles.

We have the honor to be, &c.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

TO ROBERT R. LIVINGSTON.

Paris, July 27th, 1783.

Sir,

The definitive treaties between the late belligerent powers are none of them yet completed. Ours has gone on slowly, owing partly to the necessity Mr Hartley, successor of Mr Oswald, thinks himself under of sending every proposition, either his own or ours, to his Court for their approbation, and their delay in answering, through negligence perhaps, since they have heard our ports are open, or through indecision, occasioned by ignorance of the subject, or through want of union among the Ministers. We send you herewith copies of several papers, that have passed between us. He has for some time assured us, that he is in hourly expectation of answers, but they do not arrive. The British Proclamation, respecting the commerce, appears to vex him a good deal. We enclose a copy. And we are of opinion, that finally we shall find it best to drop all commercial articles in our definitive treaty, and leave everything of that kind to a future special treaty, to be made either in America or in Europe, as Congress shall think fit to order. Perhaps it may be best to give powers for that purpose to the Minister, that probably will be sent to London. The opinion here is, that it will be becoming in us to take the first step towards the mutual exchange of Ministers, and we have been assured by the English Minister, who treats with us here, that ours will be well received.

The Dutch preliminaries are not yet agreed on, and it seems to be settled, that we are to sign all together, in the presence of the Ministers of the two Imperial Courts, who are to be complimented with the opportunity of signing as mediators, though they have not yet, and perhaps will not be consulted in the negotiations. Mr Adams has gone to Holland for three weeks, but will return sooner if wanted. The propositions you mention, as made to us from that State, we suppose he has given you an account of. Nothing was, or is likely to be, done upon them here, and therefore it was less necessary to say anything concerning them. A Minister from thence has been gone some time to Congress, and if he has those propositions in charge, they will best be considered there.

With great esteem, we have the honor to be, &c.

B. FRANKLIN,
JOHN JAY.

PROJECT FOR A DEFINITIVE TREATY OF PEACE.

Project for the Definitive Treaty of Peace and Friendship, between his Britannic Majesty and the United States of America, concluded at —— the —— day of —— 1783.

Be it known to all those, to whom it shall or may in any manner belong.

It has pleased the Most High to diffuse the spirit of union and concord among the nations, whose divisions had spread troubles in the four parts of the world, and to inspire them with the inclination to cause the comforts of peace, to succeed to the misfortunes of a long and bloody war, which having arisen between Great Britain and the United States of America, in its progress communicated itself to France, Spain, and the United Netherlands.

Consequently the United States of America, did, on the fifteenth of June, in the year of our Lord one thousand seven hundred and eightyone, name and appoint their Ministers Plenipotentiary, and resolve, ordain, and grant their Commission in the following words, viz. [See page [71].]

And his Majesty, the King of Great Britain, did on the twentyfirst day of September, in the twentysecond year of his reign, issue his Commission, under the great seal of Great Britain, to Richard Oswald, in the words following, viz. [See page [80].]

And his said Britannic Majesty, on the one part, and the said United States of America on the other, did lay the foundations of peace in the preliminaries, signed at Paris, on the thirtieth of November last, by the said Richard Oswald, on the part of his said Majesty, and by the said John Adams, Benjamin Franklin, John Jay, and Henry Laurens, on the part of the said United States, in virtue of their respective full powers aforesaid, and after having mutually shown to each other their said full powers in good form, and mutually exchanged authenticated copies of the same.

And his said Britannic Majesty did, on the twentyfourth day of July, in the year of our Lord one thousand, seven hundred and eightytwo, and in the twentysecond year of his reign, issue his Commission, signed with his royal hand, and under the great seal of Great Britain, to Alleyne Fitzherbert, in the following words, viz. [Here follows the Commission.]

And the said Alleyne Fitzherbert, on the part of his said Britannic Majesty, and John Adams and Benjamin Franklin, in the necessary absence of the said John Jay and Henry Laurens, on the part of the said United States, did, at Versailles, on the twentieth day of January last, communicate to each other their full powers aforesaid, in good form, and agreed upon an armistice in the words following; [See pp. [121], [123].]

And his Britannic Majesty did on the —— day of —— in the year of our Lord, one thousand seven hundred and eightythree, and in the twentythird year of his reign, issue his Commission, signed with his royal hand, and under the great seal of Great Britain, to David Hartley, in the following words, viz.; [Here follows the Commission.]

And now the said David Hartley, Minister Plenipotentiary of his said Britannic Majesty, in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, and John Jay, Ministers Plenipotentiary of the said United States of America, in behalf of the said States on the other, having communicated to each other their aforesaid full powers in good form, and mutually exchanged authenticated copies of the same, have, by virtue thereof agreed, and do hereby agree and conclude upon the Articles, the tenor of which is as follows, viz.

Whereas reciprocal advantages and mutual convenience are found, by experience, to form the only permanent foundation of peace and friendship between States, it is agreed to form the Articles of this treaty on such principles of liberal equity and reciprocity, as that partial advantages, those seeds of discord, being excluded, such a beneficial and satisfactory intercourse between the two countries may be established, as to promise and secure to both perpetual peace and harmony.

ARTICLE I.

The same as Article 1st of the preliminary treaty, but finishing at "every part thereof."

ARTICLE II.

The same as Article 2d of the preliminary treaty, but commencing with the remaining part of Article 1st, "and that all disputes," &c. and ending with the words, "and the Atlantic ocean."

ARTICLE III.

The same as Article 3d of the preliminary treaty.

ARTICLE IV.

It is agreed, that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted, excepting that the respective governments on both sides may, if they think proper, pass acts directing, that, in consideration of the distresses and disabilities brought on by the war, and by the interruption of commerce, no execution shall be issued on a judgment to be obtained in any such case, until after the expiration of three years from the date of this definitive treaty; nor shall such judgments include any allowance for interest for the time that passed during the war, and until the signing hereof.

ARTICLE V.

And whereas doubts have arisen concerning the true construction of the 5th Article of the provisional treaty, and great difficulties are likely to arise in its execution, it is hereby agreed, that the same shall be declared void, and omitted in this definitive treaty.

And, instead thereof, it is agreed, that as exact an account as may be, shall be taken by Commissioners to be appointed for that purpose on each part, of all seizures, confiscations, or destruction of property belonging to the adherents of the Crown of Great Britain in America, (exclusive of prizes made at sea, and debts mentioned in the preceding Article,) and an account of all seizures, confiscations, or destruction of property belonging to the adherents of the United States residing either therein, or in Canada; and the said property being duly appraized and valued, the accounts thereof shall be compared, and the balance shall be paid in money by the party, which has suffered least, within one year after such adjustment of the said accounts. And it is further agreed, that all persons, who have any interest in confiscated lands, either by debts, or marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

ARTICLE VI.

The same as Article 6th of the preliminary treaty.

ARTICLE VII.

There shall be a firm and perpetual peace between his Britannic Majesty and the said States, and between the subjects of the one, and the citizens of the other. And his Britannic Majesty shall; with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbor within the same, leaving in all fortifications the American artillery that may be therein. And shall also order and cause all archives, records, deeds, and papers belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong. And all destruction of property, or carrying away of negroes, or other property belonging to the American inhabitants, contrary to the above stipulation, shall be duly estimated and compensated to the owners.

ARTICLE VIII.

The navigation of the rivers Mississippi and St Lawrence from their sources to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States.

ARTICLE IX.

The prisoners made respectively by the arms of his Britannic Majesty and the United States, by land and by sea, not already set at liberty, shall be restored reciprocally and bona fide, immediately after the ratification of the definitive treaty, without ransom, and on paying the debts they may have contracted during their captivity; and each party shall respectively reimburse the sums which shall have been advanced for the subsistence and maintenance of their prisoners by the sovereign of the country where they shall have been detained, according to the receipts and attested accounts and other authentic titles, which shall be produced on each side to commissioners, who shall be mutually appointed for the purpose of settling the same.

ARTICLE X.

His Britannic Majesty shall employ his good offices and interposition with the King or Emperor of Morocco or Fez, the Regencies of Algiers, Tunis, and Tripoli, or with any of them, and also with every other Prince, State, or Power of the coast of Barbary in Africa, and the subjects of the said King, Emperor, States, and Powers, and each of them, in order to provide, as fully and efficaciously as possible, for the benefit, conveniency and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and effects, against all violence, insult, attacks, or depredations, on the part of the said Provinces and States of Barbary, or their subjects.

ARTICLE XI.

If war should hereafter arise between Great Britain and the United States, which God forbid, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hinderance. And all fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages, or places, who labor for the common subsistence and benefit of mankind, and peaceably follow their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy, in whose power, by the events of war, they may happen to fall; but if anything is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. All merchants or traders, with their unarmed vessels employed in commerce, exchanging the products of different places, and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain, and more general, shall be allowed to pass freely unmolested. And neither of the powers, parties to this treaty, shall grant or issue any commission to any private armed vessel, empowering them to take or destroy such trading ships or interrupt such commerce.

ARTICLE XII.

And in case either of the contracting parties shall happen to be engaged in war with any other nation, it is further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall, on any account, be deemed contraband, so as to induce confiscation and a loss of property to individuals; nevertheless, it shall be lawful to stop such ships and detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors. And it shall further be allowed to use in the service of the captors, the whole, or any part of the military stores so detained, paying to the owners the full value of the same, to be ascertained by the current price at the place of its destination.

ARTICLE XIII.

The citizens and inhabitants of the said United States, or any of them, may take and hold real estates in Great Britain, Ireland, or any other of his Majesty's dominions, and dispose by testament, donation, or otherwise, of their property, real or personal, in favor of such persons as to them shall seem fit; and their heirs, citizens of the United States, or any of them, residing in the British dominions, or elsewhere, may succeed them, ab intestato, without being obliged to obtain letters of naturalization.

The subjects of his Britannic Majesty shall enjoy on their part, in all the dominions of the said United States, an entire and perfect reciprocity, relative to the stipulations contained in the present Article.

ARTICLE XIV.

His Majesty consents, that the citizens of the United States may cut logwood as heretofore in the district allotted to his subjects by the treaty with Spain, on condition that they bring or send the said logwood to Great Britain, or Ireland, and to no other part of Europe.

ARTICLE XV.

All the lakes, rivers, and waters, divided by the boundary line, or lines, between his Britannic Majesty's territories and those of the United States, as well as the rivers mentioned in Article —— shall be freely used and navigated by the subjects and citizens of his said Majesty and of the said States, in common over the whole extent or breadth of the said lakes, rivers and waters. And all the carrying places, on which side soever situated of the said dividing waters, or between the said rivers and the waters or territories of either of the parties, may and shall be freely used by the traders of both, without any restraint, demand of duties, or tax, or any imposition whatsoever, except such as inhabitants of the country may be subject to.

ARTICLE XVI.

That in all places belonging to the United States, or either of them, in the country adjoining to the water line of division, and which, during the war, were in his Majesty's possession, all persons at present resident or having possessions or occupations as merchants or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations, unless they shall within seven years from the date hereof, receive notice from Congress or the State to which any such place may appertain, to remove, and that upon any such notice of removal a term of two years shall be allowed for selling or withdrawing their effects and for settling their affairs.

ARTICLE XVII.

It is further agreed, that his Britannic Majesty's forces, not exceeding —— in number, may continue in the posts now occupied by them, contiguous to the water line, until Congress shall give them notice to evacuate the said posts, and American garrisons shall arrive at said posts for the purpose of securing the lives, property, and peace of any persons settled in that country, against the invasion or ravages of the neighboring Indian nations, who may be suspected of retaining resentments in consequence of the late war.

ARTICLE XVIII.

It is further agreed, that his Britannic Majesty shall cause to be evacuated the ports of New York, Penobscot and their dependencies, with all other posts and places in possession of his Majesty's arms within the United States, in three months after the signing of this treaty, or sooner if possible, excepting those posts contiguous to the water line abovementioned, which are to be evacuated on notice as specified in Article XVII.

ARTICLE XIX.

It is agreed that all vessels, which shall have been taken by either party from the other, after the term of twelve days within the Channel or the North Seas, or after the term of one month anywhere to the northward of the latitude of the Canaries inclusively, or after the term of two months between the latitude of the Canaries and the Equinoctial line, or after the term of five months in any other part of the world (all which said terms are to be computed from the third day of February last,) shall be restored.

His said Britannic Majesty and the said United States promise to observe sincerely and bona fide, all the Articles contained and settled in the present treaty; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects and citizens.

The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged in the city of London, or Philadelphia, between the contracting parties in the space of —— months, or sooner if possible, to be computed from the day of the signature of the present treaty.

In witness whereof, we, the underwritten, their Ministers Plenipotentiary, have signed with our hands, in their name, and in virtue of our full powers, the present definitive treaty, and have caused the seal of our arms to be put thereto.

Done at —— the —— day of —— 1783.

RATIFICATION OF THE PROVISIONAL ARTICLES BY GREAT BRITAIN.

George R.

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch Treasurer, and Prince Elector of the Holy Roman Empire, &c.

Whereas Provisional Articles between us and our good friends, the United States 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, were concluded and signed at Paris, on the thirtieth day of November, one thousand seven hundred and eightytwo, by the Commissioners of us and our said good friends, duly and respectively authorised for that purpose; which Provisional Articles are in the form and words following; [Here follows the treaty. See pages [109] to [115].]

We having seen and considered the Provisional Articles aforesaid, have approved, ratified, accepted, and confirmed the same in all and every one of their clauses, and provisos, as we do by these presents, approve, ratify, accept, and confirm them, for ourself, our heirs, and successors; 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 Provisional Articles, and that we will never suffer them 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 our Court at St James, the sixth day of August, one thousand seven hundred and eightythree, in the twentythird year of our reign.

GEORGE R.

An Act of the British Parliament, repealing certain Acts prohibiting Intercourse with the United States.

An Act to repeal so much of two Acts, made in the sixteenth and seventeenth years of the reign of his present Majesty, as prohibits trade and intercourse with the United States of America.

Whereas it is highly expedient, that the intercourse between Great Britain and the United States of America should be immediately opened; be it therefore enacted and declared by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in the present Parliament assembled, and by the authority of the same, that an Act passed in the sixteenth year of his Majesty's reign, entitled, "An Act to prohibit all trade and intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, during the continuance of the present rebellion within the said Colonies respectively, for repealing an Act made in the fourteenth year of the reign of his present Majesty, to discontinue the lading and discharging, lading or shipping, of goods, wares, and merchandise, at the town and within the harbor of Boston in the province of Massachusetts Bay; and also two Acts, made in the last session of Parliament, for restraining the trade and commerce of the Colonies in the said Acts respectively mentioned; and to enable any person or persons, appointed and authorised by his Majesty to grant pardons, to issue proclamations, in the cases and for the purposes therein mentioned;" and also an Act, passed in the seventeenth year of his Majesty's reign, entitled, "An Act for enabling the Commissioners for executing the office of Lord High Admiral of Great Britain, to grant commissions to the commanders of private ships, and vessels employed in trade, or retained in his Majesty's service, to take and make prize of all such ships and vessels, and their cargoes, as are therein mentioned, for a limited time;" so far as the said Acts, or either of them, may extend, or be construed to extend, to prohibit trade and intercourse with the territories now composing the said United States of America, or to authorise any hostilities against the persons or properties of the subjects and citizens of the said United States, after the respective periods set forth in his Majesty's proclamation for the cessation of hostilities between Great Britain and the United States of America, bearing date the fourteenth day of February, one thousand seven hundred and eightythree, shall be, and the same are henceforth repealed.

Anno vicesimo tertio Georgii III, Regis; cap. 26.

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 Hôtel 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.

5thly. The acquisition of support to the independence of the United 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.