An important question arises out of this state of things. What remains to be done on the part of the United States? It belongs to me only to answer what I propose to do further myself, which is to draw a memorial containing this answer, with such observations upon it as shall occur to me, tending to show the futility of the objections, which have been made to my immediate reception, and to send it to the Vice Chancellor. To such a measure I am advised on a good part. If this answer should be persisted in, I believe it may be truly said, that the honor of the United States will not suffer by it, in the estimation of any other Sovereign in the world. It is so different from the line of conduct, which some of the powers, who are members of the Neutral Confederation, have adopted already respecting the United States, as for example, Portugal, Denmark, and Sweden, and that which it has been intimated the Emperor was ready to adopt, (of which Mr Adams received an account through Mr William Lee, and which he immediately transmitted to me, and, probably, to Congress also) that, if I mistake not, the effect of it will be quite of another kind. It will be seen to be subversive of the very principles upon which it is pretended to be established, and so revolting in its nature, that it is utterly impossible the United States could ever comply with it.
I plainly told the Vice Chancellor, that for myself, I could never make the proposition respecting my letters of credence; and that if I should, I had no expectation they would ever adopt it, and, therefore, my waiting here the length of time, which it would be necessary for me to learn the pleasure of Congress upon it, seemed to be useless. I cannot in any case quit this country till towards the end of May, because there is no getting out of it before by land or water. I still hope it will not be thought I have precipitated the measure at a time when, if ever it could be, the course of events had prepared the way for it, and when it shall be considered too, that the first objection arises from a matter which took place since. As to the others, they are of so strange a nature, that they could not have been expected by any one, and which no time can do away.
I am under a necessity of closing this letter, without adding anything which may attempt to account for this very unexpected conduct on the part of her Imperial Majesty, otherwise I shall lose the post of the day.
I have the honor to be, with much respect, &c.
FRANCIS DANA.
ROBERT R. LIVINGSTON TO FRANCIS DANA.
Philadelphia, May 1st, 1783.
Sir,
An opportunity will offer of writing to you by a frigate in the course of next week, when I shall be able to treat more fully the subject of your letters of December 21st, and January 3d and 15th, which have been duly received, and which are now under the consideration of Congress. This is principally designed to cover the enclosed resolution, directing your return, unless you should have commenced a treaty of commerce. But upon examining your instructions, you will find that the embarrassment you speak of with respect to the money to be paid upon signing the treaty, cannot exist under your present powers. With respect to the Neutral Confederacy, it is a treaty which is now of little consequence to us, and since we were not admitted to it during the war, we ought not to pay for admission upon a peace; besides, that it can no more be considered as a treaty with her Imperial Majesty than it is a treaty with all the other neutral powers, whose Ministers may with equal propriety demand the perquisites you speak of. Therefore, let it be understood, that as the United States, or their servants, are above receiving perquisites or presents, so they have not the presumption to assume such superiority over those with whom they treat as to offer them.
With respect to a commercial treaty, none can be signed by you, as your powers only extend to "communicate with her Imperial Majesty's Ministers on the subject of a treaty, &c." but not to sign it; so that you will find no difficulty upon the subject you speak of; if you should, I am persuaded that it is the wish of Congress rather to postpone any treaty with Russia, than to buy one at this day.