The undersigned, named by the United States of America to reside near her Majesty, the Empress of all the Russias, in the character of their Minister, has the honor to lay before your Excellency this Memorial, containing the substance of the answer he received verbally from your Excellency on the 23d ultimo, to his letter communicating to you his mission abovementioned, and also his reply to the same.
The answer which your Excellency has given to him on the part of her Imperial Majesty, is unexpected not only to himself, but to the United States also; for which last reason he is unable to say anything upon it from instructions. He nevertheless thinks it to be his duty in so extraordinary a case, which will not admit of his waiting for their particular instructions to make use of his best discretion, in replying to it. He prays, therefore, that this Memorial may be considered as containing his private sentiments only. Whether they will accord with those of the United States he cannot be certain. Sensible that it is the right of every sovereign, to judge whether it is compatible with his views, or the interests of his empire, to receive the Minister of another; and persuaded also, that the United States have not even a wish to obtrude their Minister upon any Sovereign, the undersigned has not the least intention to oppose himself to her Imperial Majesty's pleasure, whatever that may finally be, but only to make such observations upon the answer he has received as have occurred to him, which, from the known justice of her Imperial Majesty's character, he has no doubt will be taken into deliberate consideration, and be allowed their full weight.
He would improve this occasion, to express the high respect which the United States entertain for her Imperial Majesty, and their sincere desire to cultivate the friendship of a Sovereign, whose glorious reign, and eminent virtues have so long fixed the attention, and commanded the applause of the world. They consider her as one of the first Sovereigns of it, and in a manner the great legislator of nations, by her wise and equitable system of neutrality, which they have fully approved, and have made the principles of it the invariable rules of their conduct during the late war. Animated with sentiments of this kind, they wished to give some strong proofs of a distinguished attention and consideration for her Imperial Majesty's person and government. With this view, they early named a Minister to reside near her, that he might improve the first occasion to display his character, which the course of events should afford. From these dispositions the United States were naturally led to expect, that her Imperial Majesty would be the first of the neutral powers, as they had intended, which should receive a Minister from them.
Answer.
I. "Her Imperial Majesty having been invited by the Courts of Versailles, Madrid, and London, to mediate in conjunction with the Emperor, at the conclusion of the definitive treaty of peace between them, and having accepted that trust till those arrangements are completed, and the definitive treaty is concluded, she cannot, consistent with her character as mediatrix, receive a Minister from America, without the consent of those powers; the treaty with America is provisional only, and depends upon those arrangements. Though there is no doubt but they will take place and the definitive treaty be concluded, yet till that is done, her Imperial Majesty cannot consider you in your character as the Minister of America."
Reply.
The present mediation differs from the former one, which had been tendered by their Imperial Majesties, in two essential respects. That was tendered during the continuance of hostilities, and while the great object of the war, the independence of the United States, was still in question. It contained also a proposition, which inseparably connected their interests with those of the other belligerent powers. At such a time for her Imperial Majesty to have received a Minister from the United States, would have been to prejudge the most capital subject of the proposed negotiation, and most certainly repugnant to the character of a mediator, if not to the laws of neutrality. But in the present mediation there is no question relative to the United States, nor can there regularly be any made upon their interests, as they are not parties to the mediation, and consequently have no right to send their Ministers to the Congress. If then the United States are not concerned in any arrangements to be made under the present mediation, the matter seems to rest upon the general law of nations, and to be reduced to this simple question: whether the reception of a Minister from them at this moment, would be incompatible with the laws of neutrality? If their independence is already completely acknowledged by the King of Great Britain, is not the question decided in the negative?
In the preliminary treaty, "His Britannic Majesty acknowledges the United States to be free, sovereign, and independent States; that he treats with them as such; and for himself, his heirs, and successors, relinquishes all claim to the government, property and territorial rights of the same, and every part thereof." But it is said, the preliminary treaty between the United States and Great Britain is provisional only, and depends upon the arrangements to be made at the conclusion of the definitive treaty, between Great Britain and the other late belligerent powers, under the mediation of their Imperial Majesties. If we look into that preliminary treaty, we shall find, that the only provision or condition contained in it is, that the definitive treaty between the parties "is not to be concluded until terms of a peace shall be agreed upon between Great Britain and France." Now these terms having been agreed upon by the preliminary treaty between their Most Christian and Britannic Majesties, the preliminary treaty between the United States and his Britannic Majesty has become absolute, and the definitive treaty between them may be concluded at any time, and without waiting for the conclusion of the definitive treaty of peace between France and Great Britain. It may not be improper to remark here, that even that condition was not annexed to the acknowledgment of the independence of the United States; it was far from having been inserted into the treaty at the request of the British Commissioner. It was inserted by the Commissioners of the United States, to save their faith plighted to his Most Christian Majesty. However this fact may be, it seems to be certain, that neither the preliminary treaty, nor definitive treaty between the United States and Great Britain, can depend upon any arrangements to be made under the present mediation.
But if the case should be otherwise, it is conceived, that the provisional nature of the preliminary treaty, cannot affect the acknowledgment of their independence, by the King of Great Britain. For although from abundant caution, this has been inserted into the preliminary treaty of peace, yet it has never been a subject of negotiation. The United States would never submit to negotiate for their independence their very existence. They early resolved, and have uniformly persisted in that resolution, that they would not enter into negotiation with the King of Great Britain, unless, as a preliminary thereto, he would acknowledge their independence. Hence the failure of many attempts to draw them into a negotiation, without a compliance with that resolution. And hence the necessity the King of Great Britain has been under, to revoke a former commission granted to Mr Oswald, on the 7th of August last, to treat with them under the name of "certain Colonies and Plantations in America," and of granting him a new one, on the 27th of September, in which he was authorised and required to treat of a peace or truce, with the Commissioners of the "Thirteen United States of America" (naming them all,) "any law, act, or acts of Parliament matter or thing to the contrary notwithstanding," giving them their proper corporate name and title.