Chapter XV: Part 15

It is yet difficult to say what will be the effect of the present peace, upon the approaching war with the Turks. Though it will not probably prevent it, yet it may moderate its views towards that quarter, and thus save the continent of Europe from the mischief of a general conflagration. I shall communicate my mission to the Vice Chancellor, as soon as some necessary arrangements can be made, and shall endeavor to bring on the business of the commercial treaty without loss of time, as there is now little doubt but some of our vessels may arrive here early in the spring. I have it in view to procure some special favors, for a direct commerce between the West Indies and this empire, to be carried on by our vessels, which will turn to the advantage of both parties. But to render it more certain, it may be necessary to procure a right of trading freely with the British West Indies, and also exporting from thence in our vessels, to any part of the world, the productions of their Islands, paying the same duties as their native subjects pay upon the same articles, when they export them for Great Britain or elsewhere. I think we may obtain this privilege in our commercial treaty with Great Britain, if we insist upon it. Our treaties with France and Holland, appear to me to be exceedingly defective respecting a commerce with their American territories. If Great Britain should refuse us that privilege, we might perhaps arrive at the same end, by reserving to ourselves a right to impose what extra duties we judge proper, either upon our productions exported to any part of her dominions, or upon her productions imported into America, if any higher duties should be imposed upon her West India productions when exported by us, than when by her native subjects, notwithstanding any general clause giving her the advantages of the most favored nations. The object appears to me to be of importance to our interests, and that we can obtain it in the manner I first proposed, (which would be the most beneficial, and least liable to create mutual disgusts) if we should think proper to make it the _sine qua non_ of a commercial treaty with Great Britain. We should reap advantages from it, not only in our commerce with this empire, but with every other in Europe, not having such establishments in America.

Now I am upon this subject of commerce, I will take the liberty to acquaint you, that Portugal intends to procure the right of establishing factories in the United States, under the protection of the Oporto company, in order to secure special advantages for the sale of her wines. This plan will not be particularly mentioned, but the end will be obtained under the general right of establishing factories in America without naming the Oporto company. You may rely upon this information, and will make your advantage of it. It will occur to you, that we may demand as a compensation, the right to export not only from Portugal but from the wine Islands, that article in our vessels, paying the same duties as the native subjects, or the Oporto Company pay upon it. Without something of this sort the Portuguese factories might secure to themselves almost the exclusive supply of their wines to America. They have a factory here, under the protection of the Oporto Company. You will not take it amiss, that I suggest these subjects to your consideration. If any of them can be turned to the benefit of our country, my end in troubling you with them will be answered.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, February 25th, 1783.

Sir,

In the last letter I did myself the honor to write you, I acquainted you I should communicate my mission to the Vice Chancellor as soon as some necessary arrangements could be made. Being entirely prepared to do so, I thought it but decent to communicate my intention to the French Minister, rather in the form of consulting him upon the expediency of the measure. He at first thought it would be advisable to wait till the signing of the definitive treaty of peace, adding, that though he could not take upon himself to say, that I should not be received in the present moment, yet that it would not surprise him if my admission should be postponed to that time, intimating that the present unsettled state of affairs, (of which I have spoken in my late letters) might have some influence upon the determination of this Court in a matter of that sort. He concluded with saying, that it would not be amiss to wait till the British Minister here should have communicated in form the signature of the preliminaries of peace to this Court. I shall conform entirely to his advice; for the time is now most certainly indifferent as to our interests, which are most solidly established by the peace.

I cannot add anything to what I have before said respecting the Turkish war, which since the conclusion of the late one, is the grand object which engages the general attention. According to the course of business here, I expect to be detained two or three months in negotiating our commercial treaty. I hope, however, the resolution of Congress of the 14th of September last, respecting their moneys in Europe (a copy of which Mr Adams sent me by the last post) will not be any impediment to the conclusion of it. The money Dr Franklin and Mr Adams have engaged upon my application to them to advance for that purpose, being indispensably necessary, I presume they will not withdraw the credit they have given me, and that Congress will approve of their conduct, as well as of mine in this business. The resolution is doubtless a wise one, but there are circumstances for which Congress cannot provide in season, and this seems to be of that nature. If those gentlemen should not, therefore, withdraw their credit, I shall venture to apply the money when it shall become necessary, to the use for which they have granted it. It would be a great satisfaction to me, if I could receive in season an answer to my letter of the 25th of last August, in which I acquainted you I should stand in need of the money.

I shall not fail to give you the earliest intelligence of my reception in this Court, which I hope will not be long delayed, as it is my earnest wish to complete our treaty of commerce, and to return to America in the course of the next summer.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

_Mr Dana's Communication of his Mission to Count Ostermann._

St Petersburg, March 7th, 1783.

Sir,

I have the honor to inform your Excellency, that the United States of America, assembled in Congress, having thought fit to appoint a Minister to reside near her Majesty, the Empress of all the Russias, have furnished me with their letter of credence for that purpose.

Convinced of the justice of their cause, and confiding entirely in that exact neutrality, which her Imperial Majesty had been pleased to declare, with a dignity becoming her character, she would make the invariable rule of her conduct, unless compelled to depart from it in maintenance of the rights of her Imperial Crown and of her subjects, the Congress, my Sovereign, have expressly commanded me to delay the communication of my mission till the course of events should prepare the way for it, without the least infraction upon the system adopted by her Imperial Majesty, by which she has acquired so much glory to herself. In the sentiment that that moment has now arrived, I take the liberty to request the honor of an audience of your Excellency, to the end, that I might present to you a copy of my letter of credence to her Imperial Majesty.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, March 7th, 1783.

Sir,

I have time only, by the post of this day, to acknowledge the receipt of yours of the 7th of November last, and of a letter of the same date from Mr S. R. Morris, one of your Secretaries, enclosing a bill for 666,13 livres tournois, and also to inform you, that I have this day communicated my mission to the Vice Chancellor, Count Ostermann, by a letter of which the enclosed is a translation, the original being in French. I have taken this step without being advised to it by my correspondent, the Marquis de Verac, but not before I had received assurances directly from the private Cabinet of her Imperial Majesty, that the way was perfectly clear. You will readily conjecture the reason why I have chosen to mention my last instructions so particularly in this communication, and placed them in so strong a light. There is no question in my mind of the propriety of doing this, and I hope it will not be thought amiss by Congress, whose honor and dignity I shall ever keep in view.

I am, with much esteem and respect, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, March 12th, 1783.

Sir,

In my letter of the 7th of March, I acquainted you that I had that day communicated my mission to the Vice Chancellor, in consequence of assurances received from the Private Cabinet of her Imperial Majesty, that the way was prepared for it. I had an interview on the 5th inst. with one of the members of the Cabinet, who informed me, after some general conversation respecting America, that I might communicate my mission to the Vice Chancellor at any time, that possibly I might not receive an immediate answer to my letter, but that I need give myself no uneasiness on that account, as the delay would not be occasioned by anything which concerned the United States or me personally. I told him, that I could form my opinion only upon general principles; that judging upon them, I did not perceive any obstacle to her Majesty's receiving in this moment a Minister from the United States; yet it was possible her Majesty might have some particular matters in view, which might form an impediment, of which I could have no knowledge.

I threw in this last sentiment to discover if there were any difficulties of the sort, which the French Minister had intimated to me might arise from the unsettled state of affairs alluded to in my letter of the 25th of February, when I consulted him as there mentioned. He replied, there were no such matters, nor would there be any difficulty, especially since the signing of the preliminaries of peace had been communicated to her Majesty, and that I might make myself perfectly easy about it, and send my letter to the Vice Chancellor as soon as I pleased. I have given you the substance of our conversation, omitting only the complimentary parts of it on one side and on the other. I have this day received a verbal message from the Vice Chancellor, acknowledging the receipt of my letter, and informing me, that as this was the first week in the great Lent, he had not yet had an opportunity to lay it before her Majesty. This, Sir, is the present state of things as far as they concern us immediately.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, March 21st, 1783.

Sir,

As I have not received an answer to my letter to the Vice Chancellor, I can say nothing upon it at present. The verbal message, mentioned in my last, was an apology for the omission of the first week; perhaps I shall have an answer in a few days; if so, I shall transmit a copy of it immediately.

I beg leave again to recommend to your attention the subject of a commerce with the British West Indies, to supply the defects of our treaties with France and with Holland. Great Britain is so eager to obtain a free commerce with the United States, that we may probably secure that of her West India Islands as a compensation for it. The commerce with her European territories only, is no longer an adequate one, since we have all the rest of Europe open to us. I have formed a plan of a commercial treaty with this empire, which, if aided by that circuitous commerce, I think will be found highly advantageous.

I have already advised you of my intention to quit this Court as soon as I shall have concluded the commercial treaty, even without waiting for the permission of Congress to do so. I pray you to represent the matter to Congress in such a light, that they may not consider it as disrespectful to themselves, or a breach of duty. It is truly, Sir, an act of absolute necessity, which Congress, doubtless without intention, have imposed upon me, by annexing an appointment to my office, which is not more than half sufficient to defray the expenses of it. As I can now do it with more freedom, not being interested in the matter, I take the liberty to acquaint you, that if Congress should think proper to send another Minister to this Court, of the second class, they should grant him at least £2500 sterling fixed appointment. I think £3000 will not be too much, or more than put him upon an equality with their other Ministers in Europe, or the Ministers of the lesser Sovereigns at this Court, leaving him to pay his Secretary out of the last sum. It will be further necessary to grant him at least £1000 more for his equipage and household furniture. He will find it exceedingly difficult with the best economy, to provide himself but decently with those articles, according to the fashion of this country with that sum. And he must, in some measure, adapt himself to this fashion or manner of living, or, in the eyes of those among whom he is obliged to live, disgrace his country.

My ideas of these matters are not extravagant. I find them fully supported by my own observations, and by the inquiries I have made respecting the appointments of the other foreign Ministers residing at this Court, as well as by the opinion of my correspondent, to whom, feeling the necessity of my situation, I have communicated my intention of returning to America, and disclosed to him the reasons of a conduct, which he might otherwise think unaccountable. I have consulted him as a private friend only. An ill state of health, the distance of America, the dangers of a winter passage, &c. &c. must be the ostensible reasons why I quit this Court without being relieved by another Minister, or waiting for the permission of Congress. I shall take the whole upon myself, and hope to be justified in the measure by Congress, when they shall be still more particularly informed of facts. It is necessary Congress should be acquainted with the foregoing facts, that if they should think proper to send another Minister before my arrival in America, he may not be obliged to follow the example I shall have set him, by quitting his station without leave.

I am, Sir, with the greatest respect, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, April 17th, 1783.

Sir,

My letter of the 7th of March will have advised you, that on that day I communicated my mission to the Vice Chancellor by a letter, the translation of which was enclosed. By that of the 12th of March, you will have a particular account of the assurances mentioned in the former, and which, together with the general state of affairs, confirmed me in the opinion, that I ought no longer to delay taking that step. I have not, however, yet had an answer to my letter. That the assurances I received were well founded at the time, I think, may not be doubted. What, it may be asked, has since taken place which could occasion any change? All that I know, or have heard of is, that on the 7th of February, three days after, and before my letter had been laid before her Majesty, a courier arrived with despatches for the French Minister, inviting her Imperial Majesty to mediate, in conjunction with the Emperor at the conclusion of the definitive treaty of peace, between the Courts of Versailles, Madrid, and London; this invitation was immediately accepted; that an account has been received, that the King of Sweden has concluded a treaty of commerce with the United States, at Paris, or is at least in treaty with them for that purpose; that the King of France has signified to the Emperor, that since the Porte has made the concessions required by the Empress, and supported by himself, he had reason to expect all military preparations would have ceased; that he cannot regard the continuance of them with indifference, &c. &c. Add to these things, that her Majesty has been either so much indisposed, or particularly engaged, that she has not appeared at Court for more than a month past.

Whether either of these circumstances has occasioned this delay, is to me as yet uncertain. I wait to see the effect of a second letter, which I propose to send to the Vice Chancellor before I attempt to account for it. I have delayed this more than a fortnight, having been in daily expectation of an event which has not taken place, and which may have an influence in the case. I have omitted to write you by several posts, because I was in hopes all things which respect us would have been adjusted to mutual satisfaction, and I was unwilling to suggest anything to the contrary. But as Congress, from my former letters may have expected, that I might soon be on my way to America, and may perhaps name another Minister to this Court, before they receive any intelligence of my reception, I think it incumbent on me to make the present communication, that they may consider the expediency of sending another till they receive a certain account of my reception.

Whatever may be the event, I flatter myself if the general state of affairs at the time of the communication of my mission be considered, and especially the assurances which were given to me, it will not be thought that I have rashly precipitated that measure. It is difficult to conceive one solid objection against the admission of an American Minister into any Court of Europe, after the acknowledgment of our independence by the King of Great Britain, and the cessation of hostilities, which of course puts an end to all ideas of neutrality.

In this instant I am informed, that the event above alluded to has taken place, I shall therefore send my second letter tomorrow, a copy of which I will forward by the next post, when I shall hope to have an answer to my first, which will make known the pleasure of her Majesty concerning my mission. I have purposely avoided waiting upon the Vice Chancellor in person, that I might obtain his answer, if possible, in writing. When I shall have received it, whether it be favorable or not, I shall desire an interview with him. In this course my correspondent agrees with me in opinion. I have only to pray, Congress would be pleased to suspend their judgment upon this matter, and particularly upon my conduct in it, till they shall be fully informed of facts. All may yet end as we wish, it may end otherwise.

I have the honor to be, &c.

FRANCIS DANA.

_P. S._ I make use of the cypher I sent you by Mr Adams's son, having laid yours aside for the reason there mentioned. Your printed one has not come to hand with your letter. Count Panin died since my last, much lamented. He had long lived a retired life in the city. His death, therefore, makes no change.

F. D.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, April 22d, 1783.

Sir,

In my last I acquainted you, that I proposed to send a second letter to the Vice Chancellor the next day. I did not do it, however, till yesterday morning, when he sent me his compliments, and said he would present it to her Majesty. The following is a copy of it.

TO COUNT OSTERMANN.

"I did myself the honor to write to your Excellency on the 7th of March, to inform you of my mission on the part of the United States of America, to reside near her Imperial Majesty, in the character of their Minister, and to request the honor of an audience of your Excellency, that I might present to you a copy of my letter of credence to her Imperial Majesty. I have not yet been honored with an answer to my letter, having had only a verbal message from your Excellency, on the 10th of the same month that you had received it, but it being the first week in Lent, you had not had an opportunity to lay it before her Imperial Majesty.

"After the King of Great Britain has in form acknowledged the independence of the United States of America, and concluded a provisional preliminary treaty of peace with them, which has taken effect by the signing of the preliminary treaty of peace between their most Christian and Britannic Majesties, after those treaties have been ratified on the part of their Majesties, and proclamations in pursuance thereof have been issued by them, and also by the Ministers of the United States of America, ordering a cessation of hostilities, and after the British Parliament have solemnly engaged to observe and maintain those treaties; after such national transactions on both parts, I flatter myself it is not doubted, that the course of events has prepared the way for her Imperial Majesty to receive a Minister from the United States of America, without the least infraction upon the system of neutrality, which she had adopted and so gloriously maintained through the late war. Presuming, from your Excellency's message, that my letter was laid before her Imperial Majesty the week after, I take the liberty to request that you would be pleased to inform me of her pleasure thereupon, as well for the government of my own conduct, as for the certain information of the United States of America.

"I have the honor to be, &c.

FRANCIS DANA.

"_St Petersburg, April 21st, 1783._"

I have some intimations of a very extraordinary objection, which has been suggested to my present admission into this Court, viz. that my letter of credence must necessarily bear date prior to the acknowledgment of the independence of the United States by the King of Great Britain. Should the answer to my communication be of that nature, I will let you know from whence I think it originates. But I shall think it my duty to leave this Court as soon as possible. For I should not dare to apply to Congress to revoke their first letter of credence, and send me another bearing date since that period, for the following reasons, which occur to me at once.

1st. Because it would be to desire the United States to strike off seven years of their existence, as free, sovereign, and independent States.

2dly. Because their compliance with it would, in effect, annul their resolution contained in the declaration of their independence, viz. "that as free and independent States they had full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which independent States may of right do."

3dly. Because it would imply on their part, that they owed their existence as a free nation, to the acknowledgment of their independence by the King of Great Britain.

4thly. Because as a consequence of this last position, it would go to annul all their acts of sovereignty prior to that period, and among others, the most important ones of their treaties with France and Holland, as well as their commissions granted to their Ministers at the Court of Madrid and other Courts, and such treaties as they have already made, or shall hereafter make in virtue thereof.

5thly. Because the requisition of new letters of credence bearing date since the period abovementioned, involves in itself a decision on the part of her Imperial Majesty, that the United States of America ought of right to be considered as a free, sovereign, and independent power, but in virtue of the acknowledgment of them as such by the King of Great Britain.

6thly. Because the granting of new letters of credence, would amount to a confession on the part of the United States, of the justice of such a decision.

7thly. Because a compliance with such a requisition would, in my opinion, in every point of view, be highly derogatory to the dignity of the United States, and is a sacrifice, which circumstances by no means require to be made.

But I hope for more wisdom, justice, and impartiality from her Majesty; and that I shall receive in a day or two, a satisfactory answer to my first letter.

I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, April 25th, 1783.

Sir,

In consequence of my second letter to the Vice Chancellor, of the 21st instant, he sent me a verbal message with his compliments on the 23d in the morning, and desired to see me at four o'clock in the afternoon. I waited upon him accordingly, and had a conference with him upon the subject of my mission. He began by saying that he had received the letters I had done him the honor to write him; that her Majesty had 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; that till those affairs were arranged, and the definitive treaty signed, her Majesty could not, consistent with her character of mediator, receive a Minister from America without the consent of those powers; that the treaty of America was provisional only, and dependent upon those arrangements; and though there was no doubt but they would take place, and that the definitive treaty would be concluded, yet, till that was done, her Majesty could not consider me in my character as the Minister of America.

Here he made a long pause, as if waiting for an answer, but knowing that the whole had not yet come out, I made no attempts to reply. He then added, that he supposed my letter of credence bore date before the acknowledgment of the independence of America by the King of Great Britain, and asked me if that was not the fact. I told him that it must necessarily be so, as a sufficient time had not since elapsed to receive one from America. He then said, that when the above arrangements should be completed, if I should produce new letters of credence, bearing date since the King of Great Britain had acknowledged the independence of America, her Majesty would be very willing to receive me as the Minister of America, but that it would be incompatible with that exact neutrality, which her Majesty had hitherto observed, to do it before; that it would be irregular also for her Majesty to admit a Minister from a power, whose letter of credence bore date before she had acknowledged the independence of that power; that besides, no Minister had been received from America at the Court of Great Britain yet, and that I must be sensible it would not be consistent for her Majesty to receive one before the King of Great Britain had done it. Here he stopped again; and knowing that he had gone through his whole subject, which comprises these simple matters only, viz.

1st. That her Majesty could not, consistent with the character of a mediator as above, receive a Minister from the United States, till the conclusion of the definitive treaty between France, Spain, and Great Britain;

2dly. That she could not do it even then, consistent with the laws of neutrality, while his letter of credence bore date prior to the acknowledgment of their independence by the King of Great Britain;

3dly. That she could not do it regularly, while his letter of credence bore date before she herself had acknowledged their independence;

4thly. That she could not do it consistently before a Minister had been received from the United States in Great Britain.

I desired him to favor me with a note containing the substance of this answer, as it was of great importance, and much in affairs of this sort depended upon the very expressions; that with the fairest intentions, I might misrepresent some parts of it through forgetfulness, and that I would deliver him my observations upon it in writing for consideration, when the exact state of the matter would be known. Finding, as I had expected, that he declined this, I began my reply with a preface of this sort; the answer, which your Excellency has given me on the part of her Imperial Majesty, is wholly unexpected, not only to myself, but to the United States. I cannot, therefore, take upon me to say anything upon it from instructions. I beg you would be pleased to consider whatever I may say as my private sentiments; whether they will accord with those of my Sovereign, I am not certain. At this great distance, I must use my best discretion in all such extraordinary cases. I have no design to oppose myself to her Majesty's pleasure, whatever that may be, but only to make some observations upon the answer, that if they are of any weight, they may be taken into consideration, as I have no doubt they will be. I would beg to take this occasion to express the high respect, which the United States entertain for her Imperial Majesty, and their sincere desire to cultivate her friendship; that they considered her as one of the first sovereigns of the world, and, in a manner, the great legislator of nations by her system of neutrality, which they had early highly applauded, and had made the principles of it the invariable rules of their conduct during the war; that, animated with sentiments of this kind, they wished to give some strong proofs of a distinguished attention and consideration for her Majesty's person and government. With this view, they had early named a Minister to reside near her, as a compliment to the Sovereign who presided over the Neutral Confederation with so much glory; that he might improve the earliest occasion to display his character, which the course of events should afford.

From these dispositions, they were naturally led to expect, as they had intended, that her Imperial Majesty would be the first of the neutral powers, which should receive a Minister from them; that as to the objections, which had been made to my present reception, I begged leave to observe, that the present mediation differed from the former one, which had been tendered by their Imperial Majesties, in two essential respects, that that was tendered during the continuance of hostilities, and that there was a proposition in it, which materially concerned the United States, but in this there was no question relative to them; that their negotiations with Great Britain had been conducted apart from those of the other belligerent powers, and were brought to a happy conclusion. I here took up all the facts stated to him in my second letter of the 21st instant, and enlarged upon them. I added to them, the bill pending before the House of Commons in the beginning of March, for regulating a commercial intercourse between Great Britain and America, as between States, in fact, and absolutely independent; and that the bill itself recited, that the King had concluded a peace with them, and expressly declared the vessels of their citizens should be admitted into all the ports of Great Britain, as the vessels of other independent States; that all were agreed to consider them as such. From these matters, I drew the same conclusion as is mentioned in that letter.

This closed my observations upon the first article. As to the second, I went over the reasons contained in my letter of the 22d instant to you, urging strongly the four first, but passing gently over the rest. Upon the third, it was to be observed, that the mode of expression "before her Majesty had acknowledged the independence of America," seemed to lead beside the matter. That there was no question in the acknowledgment of that independence. The only question was, whether her Majesty would receive a Minister from the United States, who now presents himself. The United States do not ask the acknowledgment of their independence, nor have they a wish, nor do they claim a right to impose their Minister upon any Sovereign. Every Sovereign will judge, whether it is for the interest of his empire to receive the Minister of another, and may do this without deciding upon the perfect rights of that other. This is rather what I would have said, than what I did say upon that point. I could not fully advance the idea, as he several times prevented me, by returning to the matter he had before spoken upon, as if he saw what I intended to say and wished to avoid it. The fourth and last point was chiefly answered by the arguments used upon the first. I did not, however, forget the distance of the countries as the only probable cause of that delay.

Thus, Sir, I have given you a clear idea of a conference, which rests wholly upon my memory, and which had continued an hour wanting a few minutes, as far as I am able to do. Other arguments occurred to me in the time, which might have been urged, but I was apprehensive of obtruding too much upon the patience of the Vice Chancellor, whose view it must be considered, was rather to communicate the answer, than to discuss the points of it.

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.

I have seen your letter to Mr Morris on the subject of your salary. The mistake you mention shall be corrected. I was led into it by not having been furnished with the resolution you mention, among those relative to salaries sent me from the Secretary's office. However, it is of no consequence as yet, since the sums remitted with what you have received from Dr Franklin, will exceed the amount of your demand. You can now draw on Dr Franklin for three quarters' salary, at one thousand pounds sterling, a fourth is enclosed in a letter from Mr Lewis Morris to you; the last quarter's due in April will be subject to some deductions, as you will see by the enclosed resolutions transmitted you by Mr Lewis Morris, out of that quarter. I shall pay Mr Tracy's order, counting the commencement of the year from the date of the order.

I am, Sir, with great respect, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO COUNT OSTERMANN.

St Petersburg, May 8th, 1783.

Sir,

I do myself the honor to lay before your Excellency the enclosed Memorial, containing what I take to be the substance of the answer to my letter, communicating my mission to your Excellency, which you delivered to me verbally on the 23d ultimo, and also the reply which I then made to it, together with some other observations upon it, which, fearing to obtrude too much upon your time, I omitted to make. The whole being thus reduced to writing, takes away all danger of mistakes on either part, and may be more deliberately and accurately considered. I hope this will be deemed a sufficient apology for the additional trouble it may give your Excellency. I pray you would be pleased to favor me with an answer to this Memorial in writing, or otherwise to grant me the honor of an interview with your Excellency, that I may know the final pleasure of her Imperial Majesty respecting my mission.

I have the honor to be, &c.

FRANCIS DANA.

_Mr Dana's Memorial to Count Ostermann._

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.

Their independence being thus clearly, unconditionally, and solemnly acknowledged by this commission, passed under the great seal of the kingdom, as a preliminary to any negotiation, and in full compliance with the foregoing resolution, the negotiations were then, and not before, opened, and have by the blessing of God, been brought to a happy conclusion. Their independence being once acknowledged, is it not irrevocable in its nature? If in the moment the British Commissioner entered into negotiation with the Commissioners of the United States, in virtue of his last commission, any neutral power had declared it would consider and treat them in every respect, as sovereign and independent States, and would protect the lawful commerce of its subjects with them, would this have been a violation of the laws of neutrality? If not, much less could the King of Great Britain pretend it would be so, after the conclusion of the preliminary treaty with them, after that treaty has become absolute, by the conclusion of the preliminary treaty between his Most Christian Majesty and himself, after a cessation of hostilities has been proclaimed by them, and also by the Commissioners of the United States, and finally, after the Parliament of Great Britain has solemnly engaged to observe and maintain those treaties, which puts an end to the question, if it was ever seriously made, upon the authority of the King, to make such a treaty with the United States.

In conformity with sentiments of this kind, we have seen that the Queen of Portugal, a member of the neutral confederation, and a Sovereign in the strictest amity with the King of Great Britain, has by an edict opened the ports of her kingdom to the vessels of the United States, and promised them the enjoyment of the same hospitality and favor, which the vessels of other nations there enjoy. In all probability the King of Denmark has adopted a similar line of conduct towards the United States.

_Answer._

II. "When these arrangements shall be completed, and the definitive treaty be concluded, if you shall produce new letters of credence, bearing date since the King of Great Britain has acknowledged the independence of America, her Imperial Majesty will be very willing to receive you as the Minister of America. But it would be incompatible with that exact neutrality, which she has hitherto observed, to receive you while your letter of credence bears date before that time."

_Reply._

This objection seems deeply to affect the rights and interests of the United States. The United Colonies, on the 4th of July, 1776, erected themselves into an Independent Sovereign Power. Great Britain, notwithstanding, kept up her claim of sovereignty over them, without having any in fact. The war was continued on the one part, to maintain the actual possession of sovereignty, and on the other, to regain that sovereignty which had been lost. Despairing of success, Great Britain acknowledges, but does not grant, the independence of the United States. The United States have not, therefore, acquired the rights of sovereignty, in consequence of this acknowledgment of their independence. Their independence must necessarily have existed prior to the acknowledgment of it by the King of Great Britain. At what period then can the commencement of it be fixed, if not at the time when they declared themselves independent? Have they not from the moment of the declaration of their independence, been constantly in the actual possession and full exercise of their sovereignty? Not to meddle with the matter of right, the fact is beyond all question. The undersigned thinks, therefore, it is incompatible for him to propose to the United States to revoke his present letter of credence, because it bears date prior to the acknowledgment of their independence by the King of Great Britain, and to grant him another bearing date since that time, for the following among other reasons.

1st. Because it would be to propose to the United States, in effect, to strike off near seven years of their existence, as free, sovereign, and independent States.