Chapter D: Hartley (1)

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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.

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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_.

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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.

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.