Part 36

My last is dated Paris, 9th of January. The original and three copies were, for conveyance, divided between Nantes and L’Orient. Five weeks use of the waters at Bath had so far recovered my health, as to induce me to come to London about eighteen days ago, in order to avail myself of opportunities for urging a definitive treaty between Great Britain and the United States, as well as the necessity for removing the British troops from New York. I have signified my opinion to the proper persons, that, until the latter is effected, America will not deem herself at peace. Wise and good men feel the impression, acknowledge the propriety of my observations, and while there was a government by a ministry, that point was attended to. But for some days past, the great struggle has been, who should be the persons to form a new administration. In the mean time, the momentous business in which we are concerned lies dormant, nor do I know where to apply for putting it in motion. The House of Commons had indeed introduced a bill for a “Provisional establishment, and regulation of trade and intercourse between the subjects of Great Britain and those of the United States of North America.” A printed copy was put into my hands, and my opinion asked by many members of that House. I objected generally to opening trade merely by act of Parliament, and especially to certain parts of the bill, but above all to an intercourse, until the citizens of New York shall be left in quiet and complete possession of their whole country, and all hostile troops withdrawn from the United States. That bill I am informed is annihilated and another projected. A copy of the new bill I am to receive tomorrow. I persevere in the same language; be the bill what it may, however suitable to the services of Great Britain, or speciously conducive to the mutual interests of Great Britain and America, I think there cannot be, I hope there will not be permitted on our part, any intercourse until the troops are effectually removed.

Why is not the definitive treaty concluded, and the important “_Then_” established, or why are not measures adopted for withdrawing the troops? Are the troops to be continued there _in terrorem_, to force a trade, or to compel us to measures respecting the people called loyalists? The late First Lord of the Treasury has not failed to boast of his success, in obtaining the provisional treaty without the participation or the concurrence of the Court of France, nor to talk of the happy effects which he hoped to derive from so great an advantage. I have endeavored to counteract his Lordship’s virtuous designs, by observing that, admitting the fact, which I did not admit, the consequence might be disgraceful, possibly fatal, to the American ministers, but could work no injury to the United States. This appears at present to have the effect I wished for. Had his Lordship, who I believe is very angry with us, continued in office, I know not what evils might have attended us. To his influence I ascribe the delay of the definitive treaty, and consequently of the removal of the troops.

I am not backward, upon every proper occasion, to signify my apprehensions to active members of Parliament, and to every man in government, with whom I converse upon these subjects. You will perceive, Sir, that I find some employment here; were I in France, I should be totally idle. I shall remain in London about a fortnight longer. If at the end of that time, there shall be no better prospect of a definitive treaty, I shall immediately take measures for embarkation to America.

I am now to acknowledge the honor of your favor of the 8th of November, No. 2, and to thank you for the remittance of £16,666.13s. through your attention by Mr L. R. Morris.

I thank you, Sir, most sincerely for your kind condolence. I have not yet had resolution enough to inquire into the “cause and manner,” nor dare I indulge myself in speaking of a subject, which too much occupies my thoughts and distresses my mind, in all the moments of retirement.

This will be delivered by Mr John Deas, a young gentleman, native of South Carolina, educated in Britain, who means to become a citizen in his own country. I have every ground for hoping he will be a valuable member of the community; hence I have encouraged him to expect a cordial and hospitable reception. I should observe in Mr Deas’ favor, that he has been long endeavoring to return to America; he once embarked at Ostend, and suffered shipwreck on the coast of England, to his great loss and disappointment.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, April 5th, 1783.

Sir,

With this you will receive the triplicate of a letter, which I had the honor of writing on the 15th of March. I beg leave to refer to its contents. A third bill, called “an amendment for a provisional establishment, and regulation of trade, &c.” had been brought into the House of Commons. My opinion was again solicited by different members, which, as usual, I thought it prudent to withhold; but being pressed, I at length framed a supposed American bill, for regulating commerce with Great Britain, and suggested that it had been received by a courier. This I held up as a mirror to some of the most active men in that House. From that time, the 22d of March, their own bill, which was to have been finished on the 23d, has slept with very little interruption, and is now, to all appearance, dead. I do not ascribe its demise to a sight of the supposed bill, a copy of which you will receive enclosed, although the gentlemen acknowledged themselves affected by it.

A new ministry is at length arranged, the Duke of Portland at the head, Mr Fox and Lord North, the latter of whom is universally charged with being the author of the late cruel war, Secretaries of State. The Duke of Richmond, who it is said detests the coalition, has resigned. It becomes not me to interfere with or censure an arrangement of servants in this kingdom. I am attentive to the honor and interests of the United States.

I have had a conference with Mr Fox, who has the Foreign Department, in which is included the United States as an Independent Power. It was stipulated, that nothing I should say as a matter of opinion or belief on my part, should either commit or pledge me. I judged it necessary to establish this foundation. Mr Fox was desirous of knowing, whether the American Ministers were authorised and disposed to open an intercourse and commerce upon terms of reciprocity without delay. I replied, I believed they were, although a late publication by a suspected hand, of the revocation of Mr Adams’s commission, left me not so clear on that point, adding, that I could soon be informed from Paris. At the same time, I urged as necessary previous, or accompanying steps, the conclusion of a definitive treaty, and the withdrawing of all the British troops from the United States. In answer to supposed difficulties in obtaining transport ships, I proposed the removal of the troops to Long Island or Staten Island, adding, that some powers might in a similar case insist upon hostages for their peaceable behavior and final removal. I thought it absolutely necessary, that the State of New York should be put in immediate possession of the city and port. Mr Fox, as the Duke of Portland had done before him, discovered a disposition to proceed to business with us with liberality and effect, and I place all proper confidence in their assurances. Upon the whole, Mr Fox asked if he might report, that I believed there was a disposition and powers on the part of the American Ministers to open an intercourse and commerce upon terms of reciprocity without delay? I assented, as my belief and opinion, under the reservations above mentioned. I shall proceed immediately to Paris, as my colleagues are desirous of my presence. David Hartley is, or it is said will be, appointed to join us in finishing our negotiations of a perfect peace. While I regret the loss of Mr Oswald on this occasion, the nomination of another honest man affords me great satisfaction. From France, or before I commence my journey, I shall transmit what may be further necessary.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ I take the liberty of enclosing letters for L. R. Morris, for the delegates from the State of South Carolina, and one for his Excellency General Washington.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, April 10th, 1783.

Sir,

I beg leave to refer you to the enclosed duplicate of my last, of the 5th instant. The “bill for a provisional establishment and regulation of trade,” &c. seems to be dead indeed. Mr Fox yesterday moved for reading the titles of the act, commonly called the prohibitory act, and the act for granting Letters of Marque, which being read, he moved for leave to bring in a bill for repealing so much of said acts, as prohibit trade and intercourse with the United States of America, which was ordered accordingly. My anxiety to see the final turn of this business has detained me in London three or four days longer than I had intended. I shall call upon Mr Fox presently, and if anything new occurs it shall be noticed in a postscript. Immediately after sealing this packet, I shall begin my journey to Paris. Mr Hartley tells me he will follow upon the 15th instant. I shall enclose a copy of the amendment, called the third bill, for the information of Congress. Mr Darby, the gentleman who will be so good as to deliver this, has promised me also to deliver a packet of the latest newspapers.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ I have conversed with Mr Fox, from whom the body of merchants by deputation had just retired. Their errand, as I learned, was on the business of opening the communication between Great Britain and the United States. There is a general and pressing eagerness to that point. I repeated the propriety and necessity of withdrawing the troops, and of restoring to New York their city and port. Mr Fox in return gave the strongest assurances, that this should be done with the utmost despatch, and promised to send to the Ministers at Paris a copy of the orders to be given for that purpose; he further informed me, that he intended to introduce into the new bill the clause on page 4, in the bill No. 2, here enclosed, to which I made only a general reply, that when their plan was completed the American Ministers at Paris would give it due consideration, and that on our part every facility would also be given to reasonable propositions, consistent with our instructions. That in the present moment, I could not speak in positive terms to particular points.

H. L.

_P. S. April 16th._ Just arrived at Paris. Mr Hartley is expected the 19th. From the latest words with that gentleman, which happened subsequently to closing the above, I entertain apprehensions that his principal errand will be to open a trade between the two countries, with assurances that the troops shall be removed “as speedily as possible,” and to take up the definitive treaty at more leisure. I afforded him no encouragement to hope for success in the former point singly.

ROBERT R. LIVINGSTON TO HENRY LAURENS.

Philadelphia, May 8th, 1783.

Sir,

Congress have been pleased, in compliance with your request, to pass the enclosed resolution, giving you permission to return to America. I sincerely wish that your native air may confirm your health, which I hope has by this time amended by your residence at Bath, where I presume you have been, though I have had no advice of it. The provisional treaty has been very well received, here, and has been ratified. The ratifications are sent to you and our other Ministers at Paris.

I presume you have by this time made some progress in, if not entirely concluded the definitive treaty, in which I dare say you have taken care to fix the day which is to deliver us from our troublesome guests, who cause great uneasiness to the unhappy people they keep out of their possessions. At present, we are quite at a loss to determine when this will be. We have returned them their prisoners, who amount to about six thousand effective men, so that you see we are not disposed to discover any distrust of the sincerity of our new friends, with whom we at present communicate on the former footing.

As I am uncertain whether this letter will reach you before you sail for America, I do not choose to enlarge or enter into any of those particulars relative to your late negotiations, on which however I have some inquiries to make, which I could wish to have answered by you. I wish you before you leave France to settle with Doctor Franklin, and to receive from him the amount of the bills remitted on your account, so that I may close my accounts.

I am, Sir,

ROBERT R. LIVINGSTON.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, June 17th, 1783.

Sir,

My last address is dated London, 10th of April, forwarded by the hands of Mr Darby, copy of the same with a postscript on the 16th, conveyed from Paris by Doctor Franklin. Permit me to refer to the several contents, and also to a despatch of the 6th of that month by Mr Hodge. Duplicate by Mr Darby, triplicate from Paris.

In order to meet the question of Mr Secretary Fox, “Whether the American Ministers were authorised and disposed to open an intercourse and commerce upon terms of reciprocity without delay,” the Ministers of the United States, on the 29th of April, proposed to Mr Hartley the enclosed articles, marked A, which they were ready to confirm. Mr Hartley signified his approbation, but could not agree without consulting his Court. Indeed he had omitted to take with him his commission and full powers. A messenger was despatched to London, and upwards of three weeks were wasted in waiting for a return; the articles were not acceptable.

On the 21st of May, Mr Hartley on his part laid before us the enclosed article, marked B, and left it for our consideration. We judged it necessary, without intimating our own sentiments, to demand from him in writing, whether he was authorised to confirm his proposition? To save writing, Mr Hartley returned a verbal answer in the negative, and again despatched a messenger. In a word, it appeared that his full powers, which he had then received, authorised him to do nothing. I had in vain waited for the result of the second consultation to the 7th instant, when, at the request of my colleagues, founded upon a suggestion of my own, I proceeded to this city on special business, for easing if practicable the weight of public bills lately drawn upon Mr Grand, which probably the gentlemen at Paris will more fully explain.

I can say nothing yet of my hopes of success. My apprehensions of danger, in committing the United States in the present moment of uncertainty, deters me from acting as I might have done, had our treaties been concluded, or had I a prospect of their being soon brought to good effect. Those assurances, which I had the honor of communicating in my former letters, seem to have undergone a wonderful refinement. Reciprocity appears now to mean enjoyment on one side, and restrictions on the other. This change may have been wrought by the sudden and unexpected arrival of divers ships and cargoes from different ports in the United States. The British Minister at Paris cordially assured me that he was of this opinion.

In a conference with Mr Secretary Fox on the 14th instant, he informed me, that positive orders for the removal of the British troops from New York were actually despatched, that he had transmitted an answer to Mr Hartley’s last consultation, and at the same time intimated upon a question from me, that in his opinion I might have time enough for taking some days’ benefit of Bath, which my enfeebled limbs call loudly for. Hence I infer, that the last instructions to Mr Hartley are either calculated for gaining further time, or are such as the American Ministers cannot accede to; and I conclude that my absence from Paris, whether I make any attempts in the particular business of my journey hither or not, will prove no inconvenience to my colleagues. I intend therefore to go to Bath in two or three days, and while I am endeavoring to recover my health, the interests of my country shall be my principal study; at the same time I flatter myself with hopes of receiving from Congress the formal permission which I have solicited, to return to America.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ Besides the papers A and B, you will find enclosed a copy of an Order in Council of the 14th of May, 1783, and Mr Hartley’s observations on his propositions of the 21st of May.

_P. S. 18th._ I have just received an intimation of the tottering state of the present Ministry from their own quarter. Should the late premier recover the reins, which were plucked out of his hands, I apprehend everything in his power will be attempted to embarrass our proceeding.

A.

_Articles proposed by the American Commissioners to Mr Hartley._

ARTICLE I.

It is agreed, that as soon as his Britannic Majesty shall have withdrawn all his armies, garrisons, and fleets from the United States of America, and from every port, post, place, and harbor, within the same, as stipulated by the seventh article of the Provisional Treaty of the 30th of November, 1782, then, and from thenceforth, for and during the term of _______ years, all rivers, harbors, lakes, ports, and places, belonging to the United States, or any of them, shall be open and free to the merchants, and other subjects of the crown of Great Britain and their trading vessels, who shall be received, treated, and protected like the merchants and trading vessels of the States in which they may be, and be liable to no other charges or duties.

And reciprocally, all rivers, harbors, lakes, ports, and places, under the dominion of his Britannic Majesty, shall thenceforth be open and free to the trading vessels of the said United States, and of each and every of them, who shall be received, treated, and protected like the merchants and trading vessels of Great Britain, and be liable to no other charges and duties, saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain nor any of the most favored nations participate in.

ARTICLE II.

It is agreed, that such persons as may be in confinement in the United States of America, for or by reason of the part which they may have taken in the late war, shall be set at liberty immediately on the evacuation of the said States, by the troops and fleets of his Britannic Majesty.

And it is likewise agreed, that all such persons who may be in confinement, in any parts under the dominion of his Britannic Majesty, for, or by reason of the part which they may have taken in the late war, shall, at the same time, be also immediately set at liberty.

ARTICLE III.

The prisoners made respectively by the arms of his Britannic Majesty and those of the United States of America, both by land and sea, shall be immediately set at liberty without ransom, on paying the debts they may have contracted during their captivity. And each contracting party shall respectively reimburse the sums, which shall have been advanced for the subsistence and maintenance of their prisoners by the sovereign of the country where they shall have been detained, according to the receipts and attested accounts, and other authentic titles which shall be produced on each side.

B.

_Mr Hartley’s proposed Article of Agreement, delivered by him to the American Commissioners for their Consideration, May 21st, 1783._

Whereas it is highly necessary that an intercourse of trade and commerce should be opened between the people and territories belonging to the Crown of Great Britain, and the people and territories of the United States of America. And, whereas, it is highly expedient that the intercourse between Great Britain and the said United States, should be established on the most enlarged principles of reciprocal benefit to both countries; but from the distance between Great Britain and America, it must be a considerable time before any convention or treaty for establishing and regulating the trade and intercourse between Great Britain and the said United States of America, upon a permanent foundation can be concluded; now for the purpose of making a temporary regulation of the commerce and intercourse between Great Britain and the United States of America,

It is agreed, that all the citizens of the United States of America shall be permitted to import into, and export from, any part of his Britannic Majesty’s dominions in American ships, any goods, wares and merchandise, which have been so imported, or exported, by the inhabitants of the British American Colonies, before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now, or may be subject and liable to, if imported by British subjects in British ships, from any British island or plantation in America, and that all the subjects of his Britannic Majesty shall be permitted to import and export from any part of the territories of the United States of America, in British ships, any goods, wares and merchandise, which might have been so imported, or exported by the subjects of his Britannic Majesty before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods, wares and merchandise are now, or may be subject and liable to, if imported in American ships by any of the citizens of the United States of America.

This agreement to continue in force until _______. Provided always, that nothing contained in this agreement shall at any time hereafter be argued on either side, in support of any future demand or claim.

_Observations and Propositions of Mr Hartley, left with the American Ministers, May 21st_, 1783.

A proposition having been offered by the American ministers for the consideration of his Britannic Majesty’s ministers, and of the British nation, for an entire and reciprocal freedom of intercourse and commerce between Great Britain and the American United States, in the following words, viz.

“That all rivers, harbors, lakes, ports and places, belonging to the United States or any of them, shall be open and free to the merchants and other subjects of the Crown of Great Britain and their trading vessels, who shall be received, treated and protected like the merchants and trading vessels of the State in which they may be, and may be liable to no other charges or duties.

“And reciprocally, that all rivers, harbors, lakes, ports and places, under the dominion of his Britannic Majesty, shall be open and free to the merchants and trading vessels of the said United States, and of each and every of them, who shall be received, treated, and protected like the merchants and trading vessels of Great Britain, and to be liable to no other charges and duties, saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain, or any of the most favored nations participate in.”