The Diplomatic Correspondence of the American Revolution, Vol. 08
Chapter 2
our commodities adapted to this market; that it would be necessary, therefore, for us, in order to maintain any considerable commerce with this Empire, to do it by means of a circuitous navigation, and I pointed out a course which I thought practicable. That, however, would be absolutely annihilated, if the scheme, communicated in my letter of October 1st, should be carried into execution.
It was not on that account alone that I was led to consider that scheme in so serious a light. I found it a great obstacle in my way, counteracting our immediate views, and aiming a blow at our interests, in the only part where they were liable to, or might most easily be injured and wounded. I was of course an obstacle in the way of that, though at first without the least apprehension of its existence, and it must necessarily have been supposed, that I should be so. How far this may have influenced in certain matters, which I need not point out for your information, I will not take upon me to say. I hope it will not be thought I have already said too much upon it, or that I have been unreasonably alarmed about it. There is not, I believe, the least apprehension that I have come to the knowledge of it, or that I have been in the way of obtaining the least information of it. While things remain in this state, there will be no disagreeable consequences from it. In my last, I have added some circumstances for the explanation of this subject, as I thought it not advisable to say anything upon it in my letter of October 1st, lest it might tend to disclose it, if that letter should be intercepted at the office here. One channel of my correspondence has been lately discovered, and a letter written to me upon political subjects, was opened at the office, and sent to me slightly sealed, that I might know it had been opened there. Fortunately, it placed our affairs in a very favorable light, and can do us no injury, but will serve to confirm the representation I have constantly made of them.
There is another channel of commerce, which we may perhaps enter into with equal or greater benefit to ourselves, and in which we shall have great advantages, if I am not deceived, over all the nations of Europe in this market; I mean through the West Indies, all the productions of which (rum excepted) are brought here, after being carried into the respective mother countries, where they are unloaded, deposited for a considerable time, and loaded again before they are brought in here; all which occasions a great increase of expense, and much enhances their price. Now almost all our commodities find a ready market in the islands. Would it not be practicable, therefore, for us to exchange them there for the proper commodities of the islands, at proper seasons of the year, and to proceed directly for this market? By such means might we not be able to furnish them here at a much cheaper rate than any of the Europeans can do it, and nearly as cheap as if they were our own native productions--and might we not always be at this market with them before they could be, or by the time they arrive in their respective ports? Our want of proper commodities to carry on a commerce with this country to any considerable extent, whose productions we stand in great need of, should, and doubtless will, make us look abroad for them. The Dutch have found it for their advantage to take the commodities of the West Indies through France, and to bring them on here, as well as the wines, brandies, &c. of that country. I am sensible this is a matter of calculation, and that no one but a thorough merchant, should pretend to decide upon it. I throw out the matter therefore for consideration.
I have suggested this plan here, as one by means of which this Empire might be furnished with all the productions of the West Indies, at a much cheaper rate than the European nations can possibly supply them through their respective European countries; and, besides this certain advantage, they may obtain another as a consequence of that, of infinite importance to this country, viz. that the Europeans seeing their West India commodities undersold here by the Americans, may find it necessary to set the commerce of these islands and countries free; and to permit the productions of them to be exported directly to any foreign ports in Europe, and that it is not improbable that such a revolution in commerce will take place.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
ROBERT R. LIVINGSTON TO FRANCIS DANA.
Philadelphia, November 7th, 1782.
Dear Sir,
Since my last, a duplicate of which goes with this, I have been favored with yours of March 5th and June 28th, by which I find some of the inquiries made in my last answered. The reasons you have given for not having taken any steps to display your public character are judicious, and I hope will continue to influence your conduct till you see the moment in which, with the advice of your correspondent, you may do it to advantage.
You will continue to give us the politics of the Court you are at, and of every other from which you can collect any authentic information, which the enclosed resolution of the 17th of October makes more peculiarly your duty.[25] I hope you have received the cypher I sent to Mr Adams for you. Lest you should not, I enclose one. If you have received either of the others, use the large printed one, which you will find much safer than the other, as well as more easy in the practice. The large one is also designed as a common cypher between Mr Adams and you. So that you may communicate freely with each other, from which you may find mutual advantages.
I also enclose several resolutions of Congress declaratory of their determination in no event to conclude a peace without the concurrence of their allies. As it is for the honor of the United States, that their sentiments on this subject should be known, you will make such communication of them as your prudence will direct. In my last, you have a copy of Carleton and Digby's letter to General Washington, in which they say, that they are authorised to declare that his Britannic Majesty has proposed the unconditional independence of America as preliminary to a peace. This change in the British system places them in a truly contemptible light, since it is a direct disavowal of their assertion. Carleton seems to feel this, if we may judge by some expressions in the extracts I enclose you.
The campaign here is brought to a close, the army have gone into winter quarters; the summer has passed in perfecting their discipline and establishing a variety of arrangements, which rendered them, in the opinion of well-informed foreign officers, equal in every point to the best troops in Europe. The enemy are so perfectly conscious of this, that they have never ventured beyond their lines, which they have contracted considerably. We cannot yet hear that Charleston is evacuated, though many arrangements had long since been made for that purpose; it is improbable that the late change in the British system has occasioned a change of sentiment upon this point, even after their annunciation of such a design had driven out their partisans to take protection from us and enlist under our banner, which was insisted upon as a condition precedent to their being received into favor.
The enclosed resolution will inform you of the appointment of Mr Boudinot to the rank of President in the room of Mr Hanson, whose year had expired. The public prints which accompany this, will furnish you with some articles of intelligence, which you may find interesting. I informed you sometime ago, that the salaries of our Ministers would in future be paid here, and I requested you to appoint an agent to receive yours. The expense to which this would put you, would be amply compensated by the profit on the purchase of bills and the regularity of payment. I have taken upon me to act as your agent till I hear from you; and my Secretary, Mr Morris, has hitherto transmitted bills to you on Dr Franklin, on your account, bought at the rate of six shillings and three pence this money for five livres, which makes a saving to you of about twelve per cent. A letter from him containing a state of your account and bills for the last quarter due, will be sent with this.
I wish you to appoint an agent here, or direct me to appoint one for you, as this is a troublesome business to me; particularly while I act without knowing your sentiments on this subject. I have been induced to undertake it, at the pressing instance of the Superintendent of the Finances, and to render your payments more regular than I fear they have hitherto been. No provision is made for your contingent expenses, nor can there be, till you send me an account of them.
I have the honor to be, Sir, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[25] "Resolved, That the Secretary of Foreign Affairs inform the several Ministers of the United States in Europe, that it is the desire and the express direction of Congress, that they transmit full and frequent communications as well of the proceedings of the Courts at which they respectively reside, as those which relate to the negotiations for peace, and also of all such other transactions and events as may in any manner concern the United States."
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, November 18th, 1782.
Sir,
When I was informed by Mr Adams, that Mr Jay had written to him from Paris, that "the British Commissioner there had received full powers to treat of a peace with the Commissioners of the United States," I waited upon the French Minister to consult him on this special occasion upon the expediency of communicating my powers to this Court. It would be imprudent, through this channel, to go into the reasons he assigned against it. It may be sufficient to say, I found him strong in the opinion, that all attempts made prior to a peace would be fruitless.
As his opinion is the rule by which I am to be governed in this case, nothing can be attempted till the period arrives when we shall not feel ourselves under strong obligations to any Sovereign in the world, who should even make advances to form political connexions with us, or acquire much eclat from any such connexions. I thought the opportunity favorable when the only power, which had any pretence of right, to contest our independence, had consented by so formal an act, to treat with us upon the footing of a sovereign and independent State. The consideration we should acquire by a political connexion with the illustrious Sovereign of this empire during the war, and the advantages we might reasonably expect to derive from it in our negotiation for a peace, (for I have never considered independence as our only object) have ever made me desirous, if possible, to effect it during the war. Scarce any political measure of great importance can be undertaken with "an absolute certainty of success." If, therefore, upon mature deliberation, the state of things is found to be such, that success is not improbable, and the benefits of it great and permanent, while the disadvantages of a failure, comparatively speaking, are small, and of a transient nature, in such a case it should seem that the measure should be hazarded. Though I do not believe this to be the very moment, in which her Imperial Majesty would wish to form any political connexion with the United States, but on the contrary, she would wish to postpone it till the conclusion of the war, and be well pleased that no advances should be made on our part till then; because this would afford her opportunity to claim much merit of the Court of London, in having withheld any encouragement to us, when at the same time not only any offence to the United States would be avoided, but she might allege, without a possibility of contradiction, that if an earlier application had been made by them, she would have been happy to have had an occasion to manifest her respect for them, and the early interests she took in their concerns.
Nevertheless there is room to suppose, that if our propositions were communicated while the British King is in fact treating with the United States, as with an independent Sovereign power, that they would not be rejected. And if they were received, this circumstance might be productive of great benefit to our permanent interests. It would, in all probability, bring on a declaration of our independence by some other very considerable powers of Europe, particularly Sweden and Russia. The neutral maritime powers would extend the protection of their commerce and navigation to America, and no longer suffer their flags to be insulted on our coasts. The Court of London would treat of peace with more zeal and good faith. They would the more readily give up certain claims and pretensions, which they will doubtless make upon the United States, and would be exceedingly cautious how they broke off any negotiations, which they had opened. In a word, we should stand on a more advantageous and independent ground of treaty.
For the attainment of objects like these, had any discretionary power been left me, I should have thought it clearly my duty to have made the attempt here in this moment, as I now consider it to be my duty to wait for the conclusion of the war, the period which is pointed out to me as the only proper one, and when most certainly nothing will remain to be hazarded.
If the present negotiations for a peace should happily succeed, I shall have occasion for the money mentioned in my letter of September 5th, before I can expect an answer from Congress on that subject, and I shall apply to Dr Franklin and Mr Adams to advance it between them. It may not be amiss again to inform you, that by the express allowance and order of her Majesty, there is to be paid by every power entering into _any_ treaty with her, six thousand roubles to _each_ of her Ministers signing the same; and it is now understood, that there shall be four signatures on the part of her Majesty, viz. that of Count Ostermann, the Vice Chancellor; Count Woronzow, the President of the College of Commerce; M. Bakournin, Vice President of the College of Finances, and M. Besborodko, Secretary of the Private Affairs, or Particular Cabinet of her Majesty. Matters of this sort were formerly secret and gratuitous. They have now changed, their nature become public, and are demanded as of right, at least no treaty can be otherwise obtained. And care is taken to make it the interest of most powers, to form a commercial treaty with this Empire by declaring in the new tariff, which is just published, that all nations not having such a treaty shall pay the duties, one half in rix dollars, and the other in the money of the country. This has heretofore, under the old tariff, been the rule for all nations except the British, who by their treaty obtained the right of paying _all_ the duties in the money of the country. This privilege is extended to Denmark by their late treaty, and will doubtless be made common to all nations, which shall choose to enter into a commercial treaty with her Majesty, and thus the British will lose the principal benefit of their treaty before it expires, viz. 1786.
I have the honor to be, Sir, with great esteem, &c.
FRANCIS DANA.
* * * * *
ROBERT R. LIVINGSTON TO FRANCIS DANA.
Philadelphia, December 17th, 1782.
Sir,
Your distance, and the difficulty of conveying letters to you, make it proper at times to take a retrospective view of what has passed, and by that means of supplying in part such despatches as may have miscarried.
The last year closed with important advantages gained over the southern States. The winter was unproductive of any events in this country that merit your attention.
The alteration in the British system of warfare in this country, in consequence of their reduced strength, and in pursuance of the victory obtained by the opposition in the House of Commons, has rendered the campaign inactive on the part of the enemy, and the few posts they possessed were so well fortified and garrisoned as to render an attack by us, without the assistance of a fleet, very hazardous. The reasons we had to hope for such assistance kept us from taking measures to act offensively in proper time. But though the summer has passed off without any brilliant military exploit, it has by no means been unemployed. Such attention has been paid during these moments of leisure to the discipline of the troops and recruiting the army, that they are at this time more numerous than they have been at any period during the war. So perfect are the officers and men in every military manoeuvre, that we may, I believe, without vanity, boast to have an army not inferior to any in Europe. We should not know how to give this praise to our troops, but from the facility with which every foreigner gives it, notwithstanding national prejudices.
Among the military events which mark this year, are the evacuation of Savannah, and the measures taken for abandoning Charleston. The poor wretches, whom fear or interest led to join the enemies of their country, find themselves sufficiently punished to merit even our pity. With blasted characters and ruined fortunes, they are seeking new habitations under the line or near the pole. Numerous cargoes of them are sent to the West Indies and Halifax, to St Augustine and Penobscot.
But it is of moment to you, to be acquainted with the political character of your country and their sentiments with respect to the faith that is due to treaties. By knowing how far you can rely upon them yourself, you acquire a degree of confidence in making engagements for them, and you can venture to pronounce upon their conduct on every trying occasion, without waiting for intelligence from this side of the Atlantic. You need not be told, that the British nation, suffering themselves to be deceived by their wishes, and misled by the misrepresentations of those that were interested in the continuance of the war, have believed, or at least pretended to believe, that a majority of the people wished well to their cause. Neither our forms of governments, which gave their partisans annually an opportunity to declare their sentiments, and if most numerous to change their rulers; nor the number that repaired to their standard when hoisted in eleven of the Thirteen States; neither the determined and successful opposition hitherto given to the forty thousand heralds, which they sent to proclaim their champion, encourage his friends, and bid defiance to his foes, had sufficed to cure them of this delusive hope. They still imagined that a few kind words would close the wounds that they had seven years been widening. General Carleton was sent over to speak to them. So little doubt had he that they would be well received, that he was about to send out Mr Morgan, his Secretary, without soliciting a passport, and was much surprised when Colonel Livingston, who was then a prisoner, informed him that he would be stopped at the first post; and still more so, when upon a subsequent application, he found that Congress refused to have any intercourse with him; and referred all negotiations to Europe, where they could treat in conjunction with their allies.
But nothing serves more strongly to show the little confidence the people of this country have in the promises of Great Britain, and their fixed determination not to break their engagements with their allies, than the resolutions passed on the subject by the respective legislatures without consulting each other, and independent of directions from Congress; it proves beyond contradiction, to those who know how our legislatures are formed, and the frequency of their elections, that these sentiments are the sentiments of the people; and that, too, at a time when they most sincerely wished for peace. It anything was wanting to give the last blow to British credit in this country, it was their late change in their administration; from which Mr Fox and others are excluded, for avowing the sentiments that their Commissioners, Digby and Carleton, solemnly pronounced in a public letter to be those of their Sovereign.
The other general objects, which it is necessary for you to be acquainted with, are the commerce, the finances, and the government of this country. The first suffered considerably in the beginning of this year, by the great vigilance of the British cruisers, but has since been very flourishing and successful. None of those wants are known, which prevailed at the beginning of this controversy. Our stores and warehouses are amply supplied with everything, that can administer to the necessities or luxuries of the people. The West Indies and Europe furnish a ready market for all we raise beyond what is necessary for our own consumption. The embargoes and restrictions, which were once thought necessary to enable us to obtain a scanty supply for our army, have been unknown among us for three years past; and yet a most ample provision has been made both for our troops and those of our allies. Our trade with the Havana has furnished considerable sums in specie; paper is entirely out of circulation, if we except the bank paper, which, being payable at sight in specie, is equal to it in value. So extensive has this circulation been, that the managers, not long since, published a distribution of the first _half year's_ dividend at four and a half per cent, notwithstanding a variety of expenses to which they had been put, in the first organization of the bank. So that the profit upon bank stock, is generally estimated at about ten per cent per annum, which will, I should conceive, when known in Europe, be a strong inducement with many people, those particularly who have thoughts of coming to this country, to lodge their money here.
I would not, however, have you think the flourishing state of the bank (which is the property of a private company, under the protection of government) a certain indication of the happy situation of our own finances. This is by no means the case. The demand for money to replace the property, which the enemy have destroyed, to repair buildings, and the profits which commerce yields, together with the difficulty of forming new systems of taxation in a country, which has hitherto scarce known a tax, beyond what was necessary for the support of its own frugal governments, renders the collection of a direct tax extremely difficult. Duties and excises must be levied upon some general system, so as to prevent one State from depending on another. This has been attempted by a five per cent duty on all imports, but it has hitherto been defeated by the refusal of Rhode Island to come into the plan. Congress are about to send down a committee of their own body to urge them to a compliance with this measure. Should it be attended with success, a very considerable revenue will arise from that source. Public credit, which has so frequently tottered during the revolution, will be established upon a firm and lasting basis.
The evacuation of the southern States, which we have reason to believe has taken place by this time, though we have yet received no official information of it, will greatly increase our resources. Their exports will consist in the most valuable articles at foreign markets, and must occasion such an influx of wealth, as will enable them to contribute to the public expenses, which they have hitherto been in a great measure incapable of doing.
Before you left this, I believe most of the States had formed their governments. Massachusetts has since completed hers upon plans similar to those of the other States. That of New Hampshire is printed for the approbation of the people, and I am told will shortly be agreed to.
The causes which occasioned a temporary suspension of government in South Carolina and Georgia being removed, they are again in the full exercise of them, and, indeed, have been so ever since Lord Cornwallis left the latter State.
Upon this head, therefore, I have nothing to inform you unless it be that the people appear to be perfectly happy under their new establishment; not the smallest commotion having arisen in any of the States from discontents on this, or, indeed, on any other ground, if we except an attempt, which was made by an inconsiderable party in one county of Massachusetts, to prevent the collection of debts till the termination of the war. This was instantly suppressed by the punishment of their leader. Indeed, this trifling matter was so little attended to here, that I should not have thought of mentioning it, if I had not seen that they had magnified it in England, into a revolt of the New England States against the government of the Congress. A letter from a Dr Walter, who I believe was originally of Massachusetts, is printed as a voucher for this impudent falsehood. As British emissaries may endeavor to circulate this with you, where they have an interest in deceiving, I concluded it proper to furnish you with the means of refuting it.
Your knowledge of the continental forms of governments, leaves me nothing to say on that head. It will, however, give you pleasure to be informed, that the great Council is at present as respectable for numbers, integrity, and abilities as it has been at any time during the war, and I believe much freer from party spirit or partial views. Add to this, they have acquired an experience in public business, which they could not but want at first. I would not have you infer from this, that the old members are always continued; this is far from being the case; but as the new delegates are generally elected from the number of gentlemen who have held important offices in their respective States, they bring with them that knowledge, and habit of business which they acquired at home. The establishment of Ministers for the great executive department (a regulation which has taken place since you left us) has been found to be productive of very great advantages. Congress are no longer troubled with those little details, which used to take up their time. The business brought before them from those departments, is digested before it comes up, and they are not now obliged to wade through a variety of unnecessary circumstances, to come at what merits their attention. You are personally acquainted with the Ministers of Finance, and War, so that I need say nothing relative to the character of either. Their conduct gives general satisfaction; and Mr Morris's attention, abilities, and personal credit, have done much towards relieving that of the United States.
As this revolution makes a new era in the history of man, which furnishes no other instance of a whole people's uniting to form governments for themselves, and their posterity, I have thought it would not be unacceptable to the philosophic mind of the Empress of all the Russias, to contemplate the first rudiments of these governments, which may hope after the example of her own dominions, by an assiduous application to the arts of peace and war, to obtain an elevated station among the nations of the earth. I have, therefore, directed to your care, a packet containing the confederation, and such of the constitutions of the respective States as have been hitherto printed.
Thus, Sir, I have endeavored to give you a general view of our situation. In return for which I must pray you to be more minute in your information of what passes with you. I have already explained to you the objects on which I wish you particularly to enlarge. None of your letters have embraced those objects. I would recommend it to you to keep a journal of every remarkable event, to minute down every conversation you have upon political subjects; and to digest them weekly into a despatch for us; adding thereto, a sketch of the character and station of the person whose sentiments you give. I know, Sir, that this will be attended with some trouble, but I know too, that you will have no reluctance to impose any task upon yourself, which the duties of your station render necessary.
I am, Sir, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, December 21st, 1782.
Sir,
I had the honor of your letter of the 18th of September, last week, in which you acknowledge the receipt of mine of March 30th, but add, that the one of March 5th has never reached you. I am at a loss how to account for the failure of that, when a copy of it accompanied the other.
I am glad to learn the observations I sent you upon the trade of this empire, have been deemed at all pertinent, and have afforded any useful hints, as well as that the state of its connexion with the Porte, has not been wholly uninteresting. If you have received my other letters in course, you will find I have not been silent upon the particular subjects you mention, and upon which you want information, nor altogether an idle spectator of events; although to this moment I have not had any conferences with either of her Majesty's Ministers, or taken any official step, yet I have constantly endeavored to clear up all misrepresentations of every kind, of our enemies or others, in a channel which I have reason to believe has had a good effect. I am assured that all alarms about a dangerous concurrence in commerce, which had been artfully raised to serve particular interests, are perfectly quieted, and that it is now also believed, that a free and direct commerce between this empire and America, will be highly beneficial to the former. A sketch of the arguments made use of to these ends, you will find in my preceding letters.
As to the great point of our independence, the armed neutrality sprung out of it, and the propositions of the mediators, were built upon it. These sentiments were expressed in my first letters from hence to the President, have since been repeated in several of my letters to you, and I have never seen occasion to change them. I have never troubled the French Minister with any conversation upon the subject you allude to, since that I first detailed to Congress, except when I thought some important change had taken place in the state of affairs, such as the capture of Lord Cornwallis and his army, when the Parliament passed their several resolutions respecting the American war, preceding the change of the old Ministry, when Mr Fox communicated to this Court a new proposition relative to the mediation, the substance of which was, "His Britannic Majesty says, that he does not prejudice, nor will he prejudice, any question whatsoever, and that he does not pretend to exclude any one from the negotiation, which is had in view, who can be supposed to be interested in it, whether it may be a question respecting the States-General or the American Colonies;" and finally, when I had authentic intelligence, that a commission had passed the great seal to authorise Mr Oswald to treat of peace with the Commissioners of the United States. On all these occasions I consulted him freely, but found him as I had expected, invariably against the measure I proposed to his consideration, always assigning the old reasons in support of his advice. My sentiments upon the last most important change, you will have in my last letter, three copies of which are forwarded to you.
Persuaded that the system of this Court, so far as it respects Great Britain and the United States, is such as I have pointed out heretofore, but more particularly in my last, I should not despair of bringing them from that chosen ground by communicating our propositions at this moment. The United States have acquired too much consideration in Europe to be lightly offended by any Sovereign, and I do not believe the illustrious Sovereign of this empire, has the least disposition to offend them. If, therefore, the question was brought before her, shall we admit or shall we reject their propositions? in my opinion they would not be rejected. Upon what ground could a rejection be founded at this time? When the Parliament of Great Britain had long since declared in the face of the world their utter inability to conquer any one of the United States, and have even made the attempt itself criminal, by resolving, that the Minister who should advise it, or the General who should obey an order to that effect, should be deemed enemies of their King and country; when they had passed an act to enable the King to make a peace or truce with America, when their military commanders in America have published under their hands from authority, that their Sovereign had commanded his Ministers, to direct Mr Granville, that the independency of America should be proposed by him in the first instance, unshackled with conditions, and when another of his Ministers (Mr Oswald) is in fact in treaty with the United States, as with an independent sovereign power, in virtue of a commission passed in form under the great seal of the kingdom, could it be plausibly alleged, that an acceptance of our propositions, or the admission of your Minister at this Court, would be a breach of the most scrupulous neutrality? If not, is not our way clear? But as it is a possible case, let it be supposed, that after all this our propositions would be rejected, and your Minister denied an admission into this Court; and that in consequence of it he should immediately retire from the empire. Under such circumstances, which would have suffered most, the honor and dignity of the United States, or the honor and dignity of this Sovereign? Besides, to remain masked at such a moment, does it not seem to argue a self-conviction, that we are unworthy that rank among the nations of the world, which we have so justly assumed, and so bravely maintained?
I should not have time to copy this letter, if I should enlarge upon this subject; and enough has, perhaps, been already said upon it, to point out fully the reasons, which would induce me, if I was at liberty, to make an immediate communication of my mission to this Court. You may be assured, Sir, the cause of America has lost no ground here, and that the impression of our revolution has been irresistible throughout all Europe. We have nothing to fear from any quarter, even if the present negotiation should be broken off. In such a case, we shall have only to lament, that we did not seize upon the advantages, which the moment presented to us. The letter of General Carleton and Admiral Digby, which you enclosed, and desired me to have published, had been published before in the principal gazettes of Europe.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, December 27th, 1782.
Sir,
Though neither the French Minister nor myself has any intelligence of it from Paris, yet yesterday's post brings through several channels an account, that the preliminaries for a general peace were signed on the 1st of this month. Thus there is an end to the great contest in which we have been engaged; and with regard to myself, every one will now agree that all obstacles are removed. I expect, therefore, soon to take my proper station at this Court, and to be engaged in the business of making a commercial treaty with her Imperial Majesty.
But I shall find an impediment in this business not to be surmounted, if Dr Franklin and Mr Adams should not be able, or think themselves authorised to advance the cash mentioned in my former letter, for which purpose I wrote to them as soon as the negotiations were commenced, at least as soon as intelligence of it reached us here. It is not time yet for me to expect their answer.
I have heretofore acquainted you, that I proposed to return to America as soon after I should be received at this Court as our commercial treaty should be finished. It would be less justifiable for me to quit this Court before the completion of that treaty, because the Minister who might succeed me, would probably want that information relative to the commerce of this Empire, which I may have acquired by my long residence here. I still continue of the same mind, and will now assign my reasons for it, when it will certainly be too late for any one to consider them in the light of a solicitation for my own benefit. Congress have been pleased to honor me with the same rank in the diplomatic corps, which they have conferred upon their Ministers in Europe, viz. that of a Minister in the second class, and though this is unquestionably the most expensive Court at which they have any Minister, they have thought fit to reduce my appointment to three fifths of that granted to their other Ministers. It is the same which the _Charge d'Affaires_ of Spain had, of whom it was not expected that he should hold a house and a table, as it is of the other Ministers. I have lived here long enough to see that it will be absolutely impossible for me to sustain the indispensable expenses of my rank, with an appointment less than that of our other Ministers in Europe. If there was, therefore, no other motive to influence my determination, that alone, I have no doubt, Congress will admit for my full justification.
For their particular information, I have endeavored to procure an account of the appointments of all the foreign Ministers residing at this Court, but have not yet obtained it. I can only say with regard to the Minister of Sweden, who has a Secretary to his Embassy, that his appointment and allowance for his house rent, exclusive of some other benefits, amount to more than double my appointment, including everything I can charge agreeably to what I suppose to be the intention of Congress. I will send the abovementioned account as soon as the gentleman, who has promised to procure it for me, shall furnish me with it.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, December 30th, 1782.
Sir,
Yesterday's post has not brought us any further news respecting the peace. The French Minister has received no account of it yet, nor have I from the Commissioners. No one, however, doubts that the preliminaries are in fact signed. It is supposed no courier will be despatched with them till after advice shall have been received at Paris, that an account of it has been communicated to Parliament, which were to meet on the 5th instant. The particular articles are not _certainly_ known here. This is the present state of things, and we anxiously wait for full information.
As we can have no interests now depending upon any contingency, I think it would not be advisable to appear very eager to seize upon the first occasion to make the communication of my mission, but to wait, if they be not too long delayed, for the answers of Dr Franklin and Mr Adams to the application I have made to them, as mentioned in several of my letters, when I shall know what I have to depend upon touching the principal object of my mission, and can better govern myself as to the communication of it. For to speak of a matter about which I am unable to do anything, would be to place ourselves in a disagreeable condition.
I expect to find a strong inclination to come to the business alluded to, for reasons which will be very obvious to you. The commercial treaty with Portugal is not yet finished. Sweden has one upon the carpet. There may be an advantage in waiting till these are concluded, as we may found ours upon them. I shall give a preference to the commercial treaty, and endeavor to postpone the other, in which we can have no present interests, until I shall receive the instructions of Congress, after they shall have been advised, by my letter of September 5th, of what is essential to the execution of it. There is something besides to be distributed among the subalterns of the Chancery; so that upon the whole, both treaties will cost us between nine and ten thousand pounds sterling. An enormous sum, especially when it is considered that they are intended to promote the mutual interests of the contracting parties. But so we find the state of things here. And it is not to be expected that any difference should be made in our favor, and, perhaps, it would not be consistent with our honor that there should be. We have only then to consider, whether it is expedient for us, under such conditions, to form those connexions with the sovereign of this Empire. As to the first, I have no doubt of its expediency, the last is somewhat equivocal, unless the omission of it should not be well received by her Imperial Majesty, who would doubtless be much gratified by our ready acceptance of her invitation to accede to it, and seems to have a right to expect it of us, after the resolutions of Congress respecting that subject. It is an expense, which, once made, is made forever, and under these views it may be deemed a bagatelle, or at least necessary to the promotion of our greatest interests.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, January 3d, 1783.
Sir,
Our impatience respecting the state of a negotiation is not yet at an end. No courier has arrived, nor have I received any intelligence by yesterday's post, (the third which has come on since our first accounts) upon the subject from either of our Commissioners. The French Minister continues in the same uncertainty. By private letters, and the gazettes brought by the last post, it appears only that the preliminaries between Great Britain and the United States were signed conditionally. I rest therefore in the same state.
Since my last, I have seen a copy of the treaty of amity and of commerce between Russia and Denmark, and find that the chief principles of the Marine Convention are inserted into it word for word. The treaty is limited to _twelve_ years, which will probably be the term fixed for the duration of all their commercial treaties. That with Great Britain was limited to _twenty_, a term it would seem sufficiently short to provide for the changes, which time and accidents may introduce into the affairs of empires. You will easily conjecture from some of my letters, the motive which must have occasioned this alteration, and will make your own reflections upon it.
Upon a more careful examination upon the Marine Convention, it appears to me from its nature as well as from its terms, to be limited to the duration of the present war, and in that case, there is no other way of taking up its principles than in a commercial treaty, after the manner of that with Denmark. Lest you should not have an accurate copy of that convention, I will cite the article upon which I form my opinion.
"ART. IX. This convention, fixed and concluded for the time of the continuance of the present war, shall serve as a basis of the engagements, which future conjunctures may cause to be contracted, and on occasion of new maritime wars, with which Europe may unfortunately be troubled. These stipulations ought to be regarded as permanent, and shall be the law in matters of commerce and navigation." On this supposition I shall proceed in framing our treaty of commerce. This will make an essential change in the matter mentioned in my last. I have not yet received an answer from Dr Franklin or Mr Adams upon that subject.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO THE COMMISSIONERS OF THE UNITED STATES AT PARIS.
St Petersburg, January 14th, 1783.
Gentlemen,
I was honored with your favor of the 12th of December by the late post, enclosing a copy of the preliminary treaty of peace between his Britannic Majesty and the United States. I most heartily congratulate with you upon this great event, in which you have had the honor of so distinguished a part. I think that we ought to be, and shall be, satisfied with the terms of peace. But we are here wholly at a loss whether the other belligerent parties will be able to adjust their several pretensions, and of course, whether our treaty will take effect. The prevailing opinion here among the best informed is, that we shall have a general peace. However this may be, we shall see a war break out on the other side of Europe. Some of the powers which will be engaged in it do not wish to see all the present belligerent powers at peace, for reasons, which will readily occur to you.
I thank you, gentlemen, for your opinions respecting the communication of my mission to the Ministers of her Imperial Majesty, and of the other neutral powers residing at this Court. But "absolute certainty of success" are strong words, and will bind me down to a state of inaction till the conclusion of the present war, unless I should receive positive assurance, that things are prepared for my reception, of which I have no expectation. I have yesterday consulted the French Minister upon this matter, and acquainted him at the same time with your opinions, as well as communicated to him the preliminary treaty. He thinks that though in this moment I might not meet with a refusal, yet my admission would be, upon various pretences, postponed till advice should be received here, whether we are to have peace or war, a question which it is expected will be decided, at furthest, in the course of a fortnight, and that if the war should be continued, I should _not_ be received. Thus I am doubly bound down as above, during the war. If unfortunately the negotiations should be broken off, it is my present determination to retire from this Court without communicating my mission, and to return by the first opportunity to America. I cannot think it for the honor or interest of the United States, after what has already taken place between them and his Britannic Majesty, that I should wait the issue of another campaign. I am persuaded we have nothing to fear from this quarter in any event. If they will not improve a fair occasion, which is presented to them, to promote the mutual interests of both empires, they may hereafter repent it.
I am, Gentlemen, &c.
FRANCIS DANA.
* * * * *
TO JOHN ADAMS.
St Petersburg, January 15th, 1783.
Dear Sir,
The post of this day has brought me your favor of the 22d ultimo, in which you acknowledge the receipt of mine of the 25th of November. In the first place, let me thank you and the Doctor for the ready manner in which you have consented to my proposition. You say, my treaty may now be made _as soon as I please_. I should rejoice most sincerely if that was the truth of fact.
Besides what is said in my letter to the Commissioners, you are acquainted with the positive nature of my last instructions, and know that I cannot move, till I am advised to do so. There are, in my opinion, no plausible pretences to countenance a refusal at this time. It would mark so strong a partiality as would throw all the dishonor of it upon her Imperial Majesty. Yet things are conducted here in so strange manner, that I cannot take upon me to say with certainty, what would be the effect of an immediate application. You will readily agree, that all things considered, it would be taking too much upon myself to make it. The Ministry are well enough informed of my business, yet they preserve a most profound reserve, which I think is as impolitic as profound. Do you ask me, if they do not feel and see that America is independent? That they must soon speak it out? Will they wait till the moment shall arrive, when the United States will not thank them for doing so? Will they suffer all the other neutral powers to take the lead of their Sovereign, in a measure in which she might lead them with so much glory to herself? Yes, I believe all these questions may be answered in the affirmative.
Do you ask how is this to be accounted for? I can say in general, they are looking for glory towards the East only, when they might find no inconsiderable proportion of it in the West.
I am, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, January 15th, 1783.
Sir,
The post of this week brought me a letter from our Commissioners, accompanied with a copy of the preliminary treaty of peace between his Britannic Majesty and the United States; but we have not yet any certainty about the state of the negotiations, as they respect the other belligerent powers. On this point the Commissioners have been totally silent. They have, however, given it as their opinions, judging of things at that distance, "that the present opportunity appears to be the most favorable for me to communicate my mission to the Ministers of her Imperial Majesty, and to the Ministers of the other neutral powers residing at this Court."
I immediately communicated the preliminary treaty to the French Minister, (which he had not received) and also the opinion of our Commissioners; and prayed him once more to give me his sentiments upon the subject. Which in substance were, that though I might not now meet with an immediate rejection, yet the granting me an audience would be postponed upon various pretences, till the issue of the negotiations should be known here, and that if the war should be continued, I should _not_ be admitted to an audience. Having his opinion so fully upon this point, there can be no question, but that it is my duty to wait the issue of the negotiations. You will be acquainted with this nearly as soon in America as we shall, and all my letters upon the subject will, of course, arrive long after the objects of them have ceased to engage your attention, yet you may wish to know the progress of things in this quarter.
A new and an important scene seems to be opening upon us. Though the Porte has not interfered in the affair of the restoration of the deposed Khan of the Crimea, yet this forbearance, it is thought, will not save them from the tempest which is gathering about them. The Tartars of the Crimea have been the constant enemies of Russia, from the commencement of the fourteenth century to the last war with the Turks, when, in the year 1771, being overpowered by the Russians, they concluded a separate treaty with the Empress, in which they renounced their alliance with the Porte, and placed themselves under her protection. This independence of the Crimea, and of the hordes dependent upon it, was confirmed by the treaty of 1774, between Russia and the Porte, and their right of electing and deposing their Khans at will, engaged to them; though it was of importance to Russia to reinstate the deposed Khan, thereby to preserve its newly acquired influence over the Crimea, yet his restoration was, probably, not the only object in view.
The existence of the connexion mentioned in my letter of March 30th, seems no longer to be doubted, or that the object of it (which you will find in the first clause of the paragraph relative to it) will be productive of a general war in Europe, if attempted to be carried into execution. How far such an apprehension may influence the present negotiation, is uncertain. I think it must be unfavorable to them, should the negotiations be unhappily broken off, and the prospect of this new war become certain, we being the ally of France, which will be the enemy of her Majesty, and the enemy of Great Britain, which will be her ally, it will be expedient for me to quit this empire, and to return to America by the first opportunity. Even upon such a supposition, I hope my long residence here will not have been wholly unserviceable to our country.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, January 31st, 1783.
Sir,
We still remain in the same uncertainty about the negotiations of the other belligerent powers, yet they are believed to be in a favorable state, and it is expected we shall soon receive the news of the preliminaries being signed by them all. If so, I should think the approaching war with the Turks will not be productive of a general war in Europe. For it seems repugnant to the interests of some of the present belligerent powers, to close this war with an almost certain prospect before them of being speedily engaged in another.
In a letter, received by the last post from Mr Adams, he informs me that Dr Franklin and himself had agreed to advance the money necessary to the conclusion of a commercial treaty with her Imperial Majesty; so that I have now only to wait the issue of the present negotiations for peace. Whenever that moment arrives, I shall endeavor to make all convenient despatch in the business of the treaty, to the end, that if any of our vessels should arrive here early in the spring, which seems probable, they may reap the benefit of it. I shall immediately after return to America, as I have proposed to do in my letter of the 23d of September last. I do not foresee any inconvenience that will happen to our interests in consequence of our being without a Minister at this Court for some time. I hope, therefore, that Congress will not take it amiss that I should return without obtaining the express permission for it. Besides the reasons given in my letter of the 27th ultimo, which appear to me to render such a step necessary, my health has suffered so much since my coming into this climate, that every consideration presses me to quit it as soon as possible. I have not been honored with any letter from you since No. 6.
I am, with the greatest respect, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, February 10th, 1783.
Sir,
In the afternoon of the 6th instant, we received the most agreeable news, that the preliminary treaty of peace was signed at Paris, on the 20th ultimo, between France, Spain, and Great Britain. The articles are still unknown here, as the above fact simply was communicated by Count de Vergennes to the foreign Ministers at Versailles, and the Russian Minister immediately despatched an account of it to the Vice Chancellor, Count Ostermann. No courier has yet arrived for either of the foreign Ministers here.
You will be pleased to accept my most hearty congratulations upon this great event, especially as the peace we have obtained is both honorable and glorious. America, I believe, stands high in the esteem of all the world; to which not only her successes in this great revolution, but the proofs she has given in the course of it, of her sacred regard to her plighted faith, have contributed. Our revolution is universally spoken of as the most important which the world has ever seen. Its influence penetrates the innermost recesses of every Cabinet in Europe, they will and they must give way to it.
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 L2500 sterling fixed appointment. I think L3000 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 L1000 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.
2dly. Because their compliance with it would amount to a confession on their part, that they owed their existence, as a free nation, to the acknowledgment of their independence by the King of Great Britain.
3dly. Because it would go to annul all their acts of sovereignty prior to that period, and among others, the important ones of their treaties with his Most Christian Majesty, and with the United Provinces of the Low Countries, 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 make in virtue thereof.
4thly. Because it would be repugnant to a resolution contained in their declaration of independence, viz. "that as free and sovereign States, they have 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."
The United States have been induced to constitute this mission thus early, solely from the laudable views abovementioned. It is singularly unfortunate then, that the very circumstance, which they intended as a mark of particular respect and consideration for her Imperial Majesty's person and government, should be turned against them, and have an operation to defeat the design of it.
Besides, it is to be observed, that the King of Great Britain has by his Commissioner, consented to treat with the Commissioners of the United States, whose powers had date long before he had acknowledged their independence, and without requiring them to produce new ones bearing date since that time. Which is a strong and necessary implication, that he did not consider that acknowledgment as conferring their sovereignty upon them, but, on the contrary, they were a complete sovereign power before, and had a full right to name their Ministers as such, to treat with him of a peace. He cannot, therefore, consider it as a violation of the laws of neutrality, if any neutral power should consider them in the same light, and receive their Minister, whose letters of credence bear date prior to his acknowledgment of their independence.
_Answer._
III. "Besides, no Minister has been received at the Court of London from America yet, and her Imperial Majesty could not consistently receive a Minister from America, before that Court had done it."
_Reply._
There seems not to be any objections against the immediate reception of a Minister from the United States at the Court of London, which might not be made with equal force against the reception of Ministers from any of the other late belligerent powers, and as they have already mutually sent and received Ministers, it is highly probable there are, in fact, no such objections existing. The omission, therefore, must be attributed to the only apparent cause, viz. the great distance of the two countries, which alone would render the appearance of a Minister from the United States at the Court of London impossible. Unless it should be supposed that Court is averse to forming any intimate connexions with the United States, the contrary of which seems to be the case, from the generous, liberal, and wise policy they have in contemplation respecting them.
But if it should be laid down as a principle, that the powers of Europe could not consistently receive a Minister from the United States till one had been received at the Court of London, it might have serious consequences upon the exercise of the right of sovereignty, and the most important interests, not only of the United States, but of such of the powers of Europe, as have not already received a Minister from them. For it would oblige them, whether they chose to do it or not, if they wished to form connexions with those powers, to send a Minister to the Court of London, as a step necessarily preparatory to that end. And when they had done this, it would be in the power of that Court, by refusing to receive him, to render their design abortive, and thus to prevent all friendly and beneficial intercourse between those powers and the United States, which cannot be formed and maintained but by the instrumentality of public Ministers.
If then it is clear, that the United States are not at all concerned in the present mediation, that their provisional treaty has become absolute, and that their definitive treaty may be concluded at any time, and without waiting for the conclusion of the definitive treaty under the mediation; that their independence has been unconditionally acknowledged by the King of Great Britain, as a preliminary to any negotiation; that it is irrevocable in its nature; and if the observations made upon the other objections are well founded, it is confidently hoped from that justice and impartiality, which have ever formed so distinguished a part of her Imperial Majesty's character, that it will be thought, all obstacles to the immediate reception of a Minister from the United States are removed.
FRANCIS DANA.
_St Petersburg, May 8th, 1783._
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, May 9th, 1783.
Sir,
Having very little doubt that this letter will be opened at the post office, I do but enclose a copy of the Memorial spoken of in my last, which I sent yesterday to the Vice Chancellor, and of my letter accompanying it. They will not, I presume, detain the letter merely to give themselves the trouble of copying or translating papers, the original of which is in the hands of the principal Minister. I have only to apologise to you for the slovenly appearance of this copy, with its interlineations and obliterations. I have not time to make a fair copy for this day's post, and though but a few days might be lost here by waiting for the next post, yet an opportunity might be lost for a long time by it, of forwarding it from some port in France.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, May 9th, 1783.
Sir,
By this day's post I have sent you, by the way of France, a copy of the Memorial, which I yesterday delivered to the Vice Chancellor. In that I have expressly declared, that I could not reply to the answer I had received from instructions, and desired that it might be considered as containing my private sentiments only upon the subject. This I thought it advisable to do, not only because it was the strict truth, but that Congress might be more at liberty, if they should judge it expedient, to disavow the whole. A reply I deemed absolutely necessary for me to make, to endeavor to show that the objections, which had been made to my immediate reception were invalid in themselves. Whether I have succeeded in the design, is for others to judge. It is to be observed, however, that I have thought myself under the necessity of omitting to urge some very obvious and forcible reasons, from an apprehension, that from the extreme sensibility of her Imperial Majesty, they would give offence, which I was determined to avoid as far as possible, without sacrificing the honor of the United States.
What the effect of this Memorial will be, it is impossible to say. I have no sanguine hopes from it. If it should not effect a change of resolution upon the matter, I still think I ought to leave this empire, without waiting here at least six months longer, to learn certainly whether Congress would consent to revoke my present letter of credence, and to grant me a new one bearing date since the acknowledgment of the independence of the United States by the King of Great Britain, of which I have not the least expectation. But if they should be inclined even to do this, would it not be more eligible for me to return, when they would have an opportunity to get rid of the matter without any revocation of letters of credence, by nominating another Minister after I had quitted the empire. If I might offer my opinion upon this subject, I do not think the advantage of a Minister at this Court will compensate for the expense of it.
Of all the causes, which might occasion this answer of her Imperial Majesty, I can think of none which is likely to have more influence in the case, than the second matter pointed out in my letter of April 17th, as having happened since my communication was made. It will be wondered, perhaps, how that could have such an effect, and it may be supposed it would have a direct contrary one. I supposed quite otherwise when I mentioned it, and I feared the consequence of it when it was known here. This is to be accounted for only, from particular local knowledge of what kind of influence governs here. I shall lose this day's post, if I do not immediately close this letter.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, May 13th, 1783.
Sir,
I did myself the honor to forward to you, by the last post, of the 9th instant, by the way of France, a copy of the Memorial I presented the day before to the Vice Chancellor, and of my letter accompanying the same. By this day's post, I send you a second copy of them through the same channel, and a third, by the way of Holland. I wrote you a separate letter on the day of the last post, not thinking it advisable to trust it with the packet. For the same reason, I send those by today's post unaccompanied with any letter to you.
I have before given it as my opinion, that if this answer of her Imperial Majesty should be persisted in, it will not wound the honor or dignity of the United States in the sentiment of any Sovereign of Europe. I am more and more confirmed in this opinion, as I reflect upon the objections, which have been raised against the immediate reception of a Minister from the United States. They appear to me to be totally unsupported by any principles of sound policy, or of the laws of nations. So far from its being thought, that the communication has been precipitated, I believe it is rather a matter of wonder, why it was so long delayed. Every one will see, that the course of events had most certainly prepared the way for it, judging upon any fixed principles. The other neutral powers were accordingly inviting the United States to enter into political connexions with them; and none of them have really a stronger interest to do so than this empire. The account alluded to in my letter of the 25th of April, as having been transmitted to me by Mr Adams, is as follows. (Extract of a Letter from William Lee, February 18th, 1783.) "I am advised, from very good authority, that the Emperor is desirous of entering into a treaty of commerce with the United States of America, on terms of equality and mutual advantage. Therefore, shall be much obliged to you for informing me, if there is any person _in Europe_ authorised by Congress to enter into such a treaty with her Imperial Majesty," &c. Is it probable, after such an inquiry, that that illustrious Sovereign, if any of your Ministers in Europe had communicated such powers, would have made either of the objections, which have been raised here? The motives, which have given occasion to so singular a determination on the part of her Imperial Majesty, will be known. I can speak very generally only upon this subject while I remain here. I must again, therefore, beseech Congress to suspend forming any judgment upon this matter.
I propose to wait a reasonable time for an answer to my Memorial. If none should be given, or the former one should be persisted in, I shall then set off for Stockholm, from whence I will write to you more freely, first taking another step, which appears to me advisable, I mean, to communicate what has passed at this Court, to the foreign Ministers, to prevent misrepresentations to the prejudice of the United States. The truth I think can do them none.
I am in hopes of receiving an answer to the Memorial in a few days, and will transmit you an account of it immediately. In the meantime, I am preparing to quit this city in case it should not be such as we have a right to expect from the uniform conduct of the United States respecting her Imperial Majesty.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO JOHN ADAMS.
St Petersburg, May 15th, 1783.
Sir,
You will see, with astonishment, I dare say, the objections that have been raised against my immediate reception at this Court. I must acquaint you, that the first has taken place since I made my communication; the courier having arrived here with the proposals three days after, viz. on the 27th of February. However, I think it far from being a solid objection. The second is of so extraordinary a nature, that it is impossible, in my opinion, that the United States can ever comply with it. If they should incline to do it, it shall never be done upon my request. I would perish before I would propose it to them. If they have not lost all sense of their own dignity, and I believe they have not, they would sooner resolve never to send a Minister to this Court during the life of the present Sovereign. I have said all upon that point that I thought it prudent to say in my Memorial; but you will at once perceive, I must have suppressed some very forcible arguments merely to avoid giving offence. It is not my business to embroil matters between the two countries; quite otherwise.
With this view, I have openly disavowed all instructions relative to the subject, and expressly desired that my reply may be considered as containing my private sentiments only. This leaves Congress at full liberty to avow or disavow whatever they think proper. They may sacrifice my reputation and character, if they judge the interests of our country require it, but I will never sacrifice the dignity of the United States, by seeming, for a moment, to give into a proposition, which I conceive would be an eternal disgrace to them. For this reason, I have resolved, after waiting a reasonable time for an answer to my Memorial, if none should be given, or the first be persisted in, to return with all speed to America. Which again will be the means of leaving Congress more at liberty to act, by affording them an occasion of sending another Minister here, if they should incline to do it, without being under the necessity of revoking my letter of credence and granting me another, bearing date since the acknowledgment of our independence by the King of Great Britain. I spare all reflections upon this system, if it can be called one, of politics; and shall not attempt to account for it at this time.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
ROBERT R. LIVINGSTON TO FRANCIS DANA.
Philadelphia, May 27th, 1783.
Sir,
Since my last, a copy of which will be transmitted with this, Congress were pleased to pass the enclosed resolution limiting the term to which they conceive the duration of the treaty of commerce to be proposed to Russia should be confined, and directing that it should be in no way obligatory upon them, till they had revised and approved it.[26] This latter part of the resolution, will I dare say make no difficulty, since it only conforms to the powers you already have, and which if you have made any propositions, must I presume have been made under this restriction. You will find, however, that Congress do not wish to perplex or embarrass you, if your propositions are not exactly conformable to their intentions, but have left it to your discretion to proceed if you are too far engaged to recede with honor; but they are still anxious not to engage extensively in commercial treaties, till experience has shown the advantages or disadvantages that may result from them.
I wish you had enlarged upon this subject so as to have shown minutely the conveniences, that will arise from trading with the dominions of her Imperial Majesty under a treaty rather than without. You hint at one of them, when you speak of the different coin in which the duties are to be paid, but not having explained the value of the money of the country, or the amount of duties, we know not what advantage we are to gain from being permitted to pay them in it.
By a late resolution, Congress have been pleased to direct, that the postage of letters and the payment of couriers be allowed as contingent expenses.
Give me leave, Sir, again to remind you, that your letters have hitherto been silent on the subject of government, police, laws, arts, manufactures, finances, civil and military establishments, &c. It is true, a general knowledge of these may be acquired from several publications; but minute and accurate details are necessary to answer political purposes; and as you have much leisure, an ample support, and the means of acquiring this information, with the ability to employ those means to the best advantage, I must again request you to impose this task upon yourself, and to consider it as a standing instruction, to write at least once a week on these subjects.
I have nothing to add as to general intelligence, since my last, but that Congress have ordered that furloughs be granted to about two thirds of the army. And that we have some reason to complain of the infraction of the seventh article of the provisional treaty; Sir Guy Carleton having sent off numbers of slaves under pretence of having come in under proclamation, which gave them their freedom, and they could not be within the letter or spirit of the article.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[26] "_In Congress, May 22d, 1783._ Resolved, that Mr Dana be instructed, in case he has not already proceeded too far in the commercial treaty between the United States of America and Russia, that the treaty be limited to the term of fifteen years; and that the same be subject to the revisal and approbation of Congress before they shall be under obligations to accept or ratify it." For the proceedings of Congress on the subject of Mr Dana's letters, see the _Secret Journal_, Vol. III. pp. 344-354.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, May 30th, 1783.
Sir,
I have already sent you three copies of the Memorial, which I presented to the Vice Chancellor, Count Ostermann. There is no doubt, now hostilities have ceased, but one of them at least will come safe to hand. It has all along been uncertain to me what the effect of the Memorial would be, that is, whether it would produce any change in her Majesty's present plan of conduct towards the United States. I had in view by it principally, to place our affairs in such a point of light, that if her Majesty should persist in her answer, the dishonor of it, if any, should not fall upon the United States.
The Memorial was as unexpected to the Vice Chancellor, as his answer was to me, after the previous assurances I had received, that all obstacles were removed. He expected the whole matter would have ended with the conference I had with him. In which case they could, and they would without any scruple, have made what they pleased of it; have varied it, added to it, or diminished it, as future circumstances should render expedient. To prevent this, finding I could not obtain a note in writing of the substance of the answer, I determined to make that certain, as well as my reply to it, by throwing the whole into a Memorial.
Not having received an answer to this, as I had desired in my letter accompanying it, on the 28th instant, I wrote another letter for the Vice Chancellor, as my ultimatum, and intended to have sent it yesterday, but a private friend called upon me in the evening of the same day, and told me he was informed, that I should have an answer in the course of this week, which would be satisfactory to me, but that he knew nothing of the particulars. Upon this intelligence I have omitted to send my letter to the Vice Chancellor, and shall wait patiently for the answer, at least through the week. Though my expectations are not sanguine from this information, which I have no doubt has been delivered exactly as it was received, yet it gives some room to hope for further explanations upon the subject, and that a proper system, such as the true interests of this empire point out, may be finally adopted, and without my coming to the last measure, that of quitting the country, a measure which I cannot but consider as indispensably necessary to the maintenance of the honor of the United States, if her Majesty should persist in her first answer. A few days will now determine whether all obstacles to my reception are effectually removed, or whether more plausible pretences only are intended to be opposed to it. Not a moment shall be lost to communicate to you whatever may take place relative to so interesting a subject.
As to general news there seems to be no doubt of the war breaking out between Russia and the Porte, but it is still thought that the Emperor will not take a part in it, knowing the consequence of his doing so will be a general war upon the continent, in which he may probably suffer much. I am told the Khan of the Crimea, who has lately been restored by Russia, has ceded that important peninsula to the Empress, and retired into the Cuban. Thus that country has been made independent of the Porte, but to become a province of this empire; an event which most have been foreseen, though probably not expected so early. You will find some particulars relative to the Crimea in my letter of the 15th of January last. Russia must henceforward be considered as having the absolute command of the Black Sea. But on the other hand, she will not probably be able to act with her fleets in the Archipelago against the Turks, as in the last war, for a plan it is said, is forming by the House of Bourbon, to render the Mediterranean a privileged sea like the Baltic, (which was done by a confederation of the powers bordering upon that sea) by a similar confederation of the powers upon the Mediterranean. By this means the Russian fleet will be obliged to quit that sea, and France without entering into the war will render a most essential service to the Porte. Seven sail of men-of-war, which had received orders to sail from hence and Archangel, to join the fleet at Leghorn, have in consequence of this plan, as is supposed, been stopped. It is said likewise to be intended to suppress those troublesome piratical people upon the coasts of Barbary, and who so frequently insult the first maritime powers of the world, and in a manner make them all their tributaries.
I am, Sir, with the greatest respect, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, June 6th, 1783.
Sir,
In my last I acquainted you, that I had been informed I should receive a satisfactory answer to my Memorial, in the course of that week. None has yet been given. Through the same channel I was yesterday informed, that it was intended to give the answer on Monday or Tuesday next. From this delay I am inclined to think, they wait to receive an account of the definitive treaty, when all ideas of a mediation will be done away. This is daily expected here. The other objections may be then dropped. It would be thought perhaps to be too humiliating to give them all up at once. In this way probably the whole may be compounded. I shall wait patiently in this expectation till we receive that account.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, June 17th, 1783.
Sir,
Although we have not received any account of the conclusion of the definitive treaty, under the mediation of their Imperial Majesties, I have the satisfaction to acquaint you, that our affairs have taken the turn, which I supposed in my last they might do. This is the utmost effect I could ever expect from my Memorial, for the reason mentioned in that letter. On Saturday morning I received a note from the Vice Chancellor, of which the following is a copy.
Translation.
"Count Ostermann begs Mr Dana to do him the favor to call on him today at one o'clock, taking this occasion to assure him, with great pleasure, of his perfect esteem.
"_Saturday, June 14th._"
Having waited upon him accordingly, he entered into a conversation tending to explain away the principal parts of his first answer. He said, however, that he did not intend that as the answer to my Memorial, this being included wholly in the note which he would read to me, and that I might take a copy of it to prevent any mistakes, which is as follows.
Translation.
"I have not failed, Sir, to place under the eyes of the Empress, my Sovereign, the letters which you addressed to me on the 8th and 10th of April, accompanied with a Memorial and a supplement to that Memorial.
"Their contents proving that you have taken in a wrong sense what I had the honor of saying to you previously respecting the overture, which you made to me relative to the honorable commission with which you are charged, I have renewed to you the expression of satisfaction with which the Empress has accepted the mark of attention, which your constituents have shown in sending to her a person expressly clothed in a public character, and that she will receive him with pleasure in that quality, as soon as the definitive treaties, which are now on the eve of being concluded between the powers, who have been at war, shall be consummated. Her delicacy has been a law to her not to make any advance before that time, which should be considered inconsistent with those principles, which have characterised her strict impartiality during the course of the late war. In other respects, the Empress designs that you shall enjoy, not only in your own person, but also your countrymen, who shall visit her empire either on commercial or other affairs, the most favorable reception, and the protection of the laws of nations.
"As to what I said to you, Sir, concerning the date of your letters of credence, there has been no occasion for any question respecting the consequences you have drawn from it. The conduct, which the Empress has held during the whole course of the war, sufficiently proves the impartiality of her sentiments, renders all discussion on this subject unnecessary, and ought to be perfectly satisfactory to you."
To which I returned the following answer.
TO HIS EXCELLENCY COUNT OSTERMANN.
"I have considered the answer to my Memorial, which your Excellency gave to me, on the part of her Imperial Majesty on the 14th instant, as contained in the written note, of which you permitted me to take a copy. Knowing the high sense the United Status of America have, of that strict impartiality between all the late belligerent powers, which her Imperial Majesty has so evidently manifested during the course of the war, and that they would not wish any propositions should be made on their part, which she might possibly think in the least degree repugnant to it, I omitted to make the communication of my mission to your Excellency, till the conclusion of the preliminary treaty between the Courts of Versailles, Madrid, and London, had been in form communicated to her Imperial Majesty. It is to be observed, that at the time I made it, the mediation had not taken place, the despatches relative to it, if I am not mistaken, having arrived three days after. The other matters being waved, I shall conform with the utmost satisfaction, to her Imperial Majesty's manner of thinking respecting the present mediation, and wait the conclusion of the definitive treaty of peace. I have a most grateful sense of the assurances, which her Imperial Majesty has been pleased to give to me, that in the meantime, not only myself, but such of the citizens of the United States, as affairs of commerce or others may bring into her empire, shall enjoy the most favorable reception, and the protection of the laws of nations.
"I pray your Excellency to accept my sincere acknowledgments of the polite manner in which you communicated the answer to my Memorial.
"I have the honor to be, &c.
FRANCIS DANA.
"_St Petersburg, June 16th, 1783._"
You will not suppose, from anything contained in the answer to my Memorial, that I had misstated any part of the first answer. Whether my reasoning upon the several parts of it is just, or not, you are best able to determine. If I have drawn consequences from it that are not true, as the reply supposes, it has at least had the effect to remove every obstacle except that of the mediation, which a very short time will probably put an end to, and also to draw forth an express assurance of the most favorable reception of the citizens of the United States, of a liberty freely to carry on their commerce with this empire, and under the protection of the laws of nations. If this is not in effect giving up every objection, so far as they have any pretence to be grounded upon established principles, I am greatly mistaken in the matter. Considering it in this light, I have made no difficulty to declare, that I should conform, with the utmost satisfaction, to her Majesty's sentiments respecting the mediation. Thus, I flatter myself, all discussion of every kind, especially of matters of so much delicacy, is at an end. I am much deceived, if what has taken place will be of the least disadvantage to our interests. I am happy to add, I found the Vice Chancellor in an exceeding good disposition; and have every reason to expect that all will go on in future in the most perfect harmony.
You will observe mention is made in the written answer of a letter of the 10th of May, and of a supplement to the Memorial. This is nothing more than to introduce a paragraph, which I had omitted to insert in the copy sent to the Vice Chancellor. You have it in the second and third copies which I sent to you, but not in the first.
Her Majesty will set off in a few days for Fredericksham, a town in Finland, near the frontiers of her Empire, to meet the King of Sweden. The object of their meeting is supposed to be to insure tranquillity on that side, while the war may be prosecuted on the other against the Turks. The information respecting the Crimea, which I communicated to you, is not yet beyond all question. If it has not already become a fact, there is little room to doubt but it will, in the course of a short time. Protection and subjugation are not far separated in such cases. Besides, it forms so capital a part of the present ruling system, that no means will be neglected to effect it as early as possible.
The duplicate of your letter of the 17th of December, was brought me by the last post; the first copy has not come to hand, and the enclosures sent with that, you say in a postscript, are omitted in this for want of time. They are, however, become useless by the great change of peace. It is not the trouble, but the danger of meddling too particularly with the subjects you speak of, that has hitherto prevented my going further into them. You will be pleased to recollect, as I have mentioned before, that I have no cypher from you but what has come to me through this office, and that the duplicate of it did not accompany the duplicate letter, which was said to enclose it. I am not without my apprehensions, that it was taken out of your letter here. I have never received any other cypher than the first from you, though it seems by your letters, that you had sent me both a written and a printed one since. I sent you one by Mr Adams's son, who left me last October, but instead of being two months as I expected at furthest upon his route to Holland, he has been near six, so that you have not probably received that.
If you will be pleased to turn to my letter of the 30th of March, and to read that _single_ sentence in it, which begins with the words "There has lately been a lively sensation," &c. you will find the great object which has constantly engaged the attention of this Court. It is the polestar of their system, and everything else has been subject to its influence. Nothing has been adopted but with a view to facilitate the execution of that project. The policy mentioned in the last paragraph of my letter of October 14th, (sent by Mr Adams,) had no other object in view. You will instantly perceive the reason why I have supposed they would have been well pleased with the events there pointed out. You will see of course, that the different turn those affairs have taken cannot be very agreeable here, and how they may, and in fact do, obstruct the great project in this moment. Sir, I have been very unwell for four days past, and am at this instant so feeble, that I can add nothing more than, that I am, with much respect, &c.
FRANCIS DANA.
* * * * *
PLAN OF A COMMERCIAL TREATY BETWEEN RUSSIA AND THE UNITED STATES.[27]
ARTICLE I.
There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between her Imperial Majesty and her heirs and successors to the throne and the United States of America, and between the countries and territories situated under their jurisdiction respectively, the people and inhabitants thereof, and between their citizens and subjects of every degree without exception of persons or places.
ARTICLE II.
The rights, liberties, privileges, immunities, and exemptions respecting navigation, trade, commerce, or the distribution of justice, which now are, or hereafter shall be granted by either of the contracting parties to any nation whatever, by any treaty, tariff, law, or ordinance whatever, shall immediately become common to the other party, whose citizens and subjects shall enjoy the same in as ample a manner, to all intents and purposes, as if the articles and clauses in virtue of which, they now are, or hereafter shall be granted to any nation, had been inserted into this treaty, and made a part thereof.
ARTICLE III.
It is particularly agreed and concluded, that the citizens and subjects of the contracting parties respectively, shall freely enjoy the right of passing with their vessels from one port to another, within the territories of the other party, of going from any of those ports to any foreign port of the world, or of coming from any foreign port of the world to any of those ports. The citizens and subjects of the contracting parties respectively, shall pay within the territories of the other party no other or greater duties or imposts, of whatever nature or denomination they may be, than those which the most favored nations now are, or hereafter shall be obliged to pay. And it is particularly agreed, that the citizens of the United States may pay the duties and imposts laid upon merchandises which they shall import into, or export from Russia, and which are or shall be ordered to be paid in rix dollars, in the current money of Russia, at the rate of one hundred and twentyfive copeaks for each rix dollar of full weight. The citizens and subjects of the contracting parties shall have full liberty of navigation, trade, and commerce in all parts of the territories of the other party where navigation, trade, and commerce now are, or hereafter shall be permitted to any other nation whatever; and to that end they shall mutually have free liberty to enter by water and by land with their vessels, boats, and carriages, loaded and unloaded, into all such ports, harbors, rivers, lakes, cities, towns, and places, within the territories of the other party, where navigation, trade, and commerce now are, or hereafter shall be permitted to any other nation, and there to import or export, to sell or to buy all goods, wares, and merchandises of any country whatsoever, the importation and exportation of which shall not be prohibited; and to remain there or to depart from thence, with their vessels, boats, carriages, and effects, paying the duties and imposts prescribed in each place, and conforming, with regard to their boats, vessels, and carriages, and the transportation of their effects, to the laws established in the place where such transportations shall be had and done, and which shall not be repugnant to any articles or clauses of this treaty.
SEPARATE ARTICLE.
Whereas, it may sometimes happen, that the citizens of the United States of America, may make circuitous voyages from America, through some other parts of Europe into Russia, and may take on board their vessels merchandise of the growth, production, or manufacture of such other parts of Europe, with an intent to carry the same into America; it is agreed, that such merchandises shall not be liable to seizure or confiscation, when they shall be brought into any port of Russia, although they should happen to be of the sort called contraband or prohibited merchandise, nor shall they be subjected to the payment of any duties, either of importation or exportation, or of any other duty whatever; provided, always, that they shall not be attempted clandestinely to be landed, or be exposed to sale, but a full report of all such merchandise shall be duly made to the Custom-house, and they shall if required, be deposited in some suitable magazine, under the custody of a proper officer of the port, to be reloaded on board the same vessel, when she shall have made up the residue of her cargo to be exported for America, according to the original intention, paying only the expense of storing the same and other reasonable charges.
ARTICLE IV.
And to enable them more amply to enjoy the benefits and advantages granted in the foregoing articles, the citizens and subjects of the contracting parties shall mutually have full liberty to establish factories in all parts of the territories of the other party, where such liberty now is, or hereafter shall be granted to any other nation whatever; which factories shall enjoy the same rights, liberties, privileges, immunities and exemptions, as those of the most favored nations.
ARTICLE V.
All special advantages and benefits, of whatever name or nature, which are or hereafter shall be granted by either of the contracting parties, in virtue of any treaty, tariff, law, or ordinance, in favor of any nation where commodities of the growth, production, or manufacture of its territories shall be imported, whether in their own vessels or others, by a direct navigation into the territories of the contracting party, which shall have granted such advantages, shall immediately become common to the other contracting party, whose citizens and subjects shall fully enjoy the same special advantages and benefits, to all intents and purposes, whenever they shall in their own proper vessels, likewise import the same commodities into the territories of the party granting the same, by a direct navigation from the territories of such favored nation.
ARTICLE VI.
It is further agreed and concluded, that when any of the commodities of the Islands, commonly called the West Indies, or of other neighboring Islands, or of any part of the continent of America, shall be imported into any of the territories of her Imperial Majesty, by the citizens of the United States in their own proper vessels, by a direct navigation from the countries where the same commodities shall have been produced or manufactured, that in such case there shall be abated and deducted from the duties imposed upon such commodities one ---- part thereof; but if they shall import the same indirectly from any European port, they shall pay the duties in full, according to the tariff. It is particularly agreed, that all raw and refined sugars, not in loaves, when imported by the citizens of the United States as above by a direct navigation shall be free of any duties.
ARTICLE VII.
All possible assistance and despatch shall be given to the loading and unloading of vessels, as well for the importation as for the exportation of commodities, according to the regulations on that head established; and they shall not be detained in any manner, under the penalties denounced in the said regulations. And to prevent vexations and grounds of complaint, it is agreed, that all merchandises when once put on board the vessels of the citizens and subjects of the contracting parties, shall be subject to no further visitation or search; but all visitation or search shall be made beforehand, and all prohibited merchandises shall be stopped on shore before the same be put on board such vessels. Nevertheless, to prevent on both sides the defrauding the customs, if it should be discovered, that any merchandises have been imported or attempted to be put on board such vessels clandestinely, or without paying the duties, they shall be confiscated, but in neither case the persons, vessels, or other merchandises of the citizens and subjects, on one part or the other, shall be put under any arrest, or be in any manner detained or molested, nor shall any other punishment be inflicted upon them for such offences.
ARTICLE VIII.
It shall be wholly free for all merchants, commanders of vessels, and others, citizens and subjects of the contracting parties, within the territories of the other party, to manage their own business themselves, or to commit it to the management of whomsoever they please; nor shall they be obliged to make use of any interpreter or broker, nor to pay them any salary, unless they choose to make use of them. They shall likewise have full liberty to employ such advocates, procurators, notaries, solicitors and factors, as they shall think proper. Moreover, masters of vessels shall not be obliged in loading or unloading them, to make use of any workmen who may be appointed by public authority for that purpose; but it shall be entirely free for them to load or unload their vessels by themselves, and their own proper mariners, or to make use of such persons in loading or unloading their vessels as they shall think fit, without the payment of any salary to any other whomsoever; neither shall they be forced to unload any sort of merchandises into other vessels of any sort, or to receive them into their own, or to wait for their being loaded longer than they shall have contracted for.
ARTICLE IX.
If any dispute shall arise between any commander of the vessels of either party and his seamen, in any port of the other party, concerning wages due to the said seamen, or other civil causes, the magistrate of the place shall require no more from the person complained against, than that he give to the complainant a declaration in writing, witnessed by the magistrate, whereby he shall be bound to prosecute that matter before a competent judge in his own country according to the law thereof; which being done, it shall not be lawful, either for the seaman to desert the vessel, or to hinder the commander from prosecuting his voyage. And if at any time any seamen should desert their vessels, upon complaint thereof made to the magistrate of the place by the commander of the vessel, he shall cause all such deserters to be sought for, and if found, to be restored immediately to the commander of the vessel, or, if he shall desire it, to be confined in prison, or some safe place at his expense, to be delivered up to him when he shall be about to depart with his vessel.
ARTICLE X.
It shall be permitted to the citizens of the United States, who shall establish themselves in Russia, to build, buy, sell, hire, or let houses in the towns of St Petersburg, Moscow, and Archangel, and in all other towns of the empire, which have not rights of burghership, and privileges to the contrary; and it is particularly agreed, that the houses which they shall possess and inhabit within any parts of the empire, shall be exempted from all quartering of soldiers or other lodgements, so long as the same shall be actually possessed and occupied by themselves. On the other hand, permission shall likewise be granted to the Russian merchants to build, buy, hire, sell, or let houses within all parts of the territories of the United States, in the same manner as now is, or shall hereafter be granted to the most favored nations; and all such houses as they shall build, buy, or hire, shall, so long as they shall continue to dwell in the same themselves, be exempt from all quartering of soldiers or other lodgements, throughout all parts of the same territories, without exemption of places.
ARTICLE XI.
The citizens and subjects of the contracting parties shall, within the territory of the other party, have full liberty to take and receive into the houses they inhabit, or into their particular magazines, all such commodities as they shall have imported, or as shall be consigned to them; and to this end, they shall be delivered up to them from the public magazines, if required, as soon as conveniently may be, after they shall have paid the duties and other lawful charges thereon; and they shall have full liberty to sell and dispose of the same at their houses and particular magazines as they shall think fit, upon this express condition, however, that they shall not sell them there or elsewhere by retail; and they shall not be charged with any taxes or impositions whatever on account of their enjoying this privilege, or with any other than the most favored nations shall pay.
ARTICLE XII.
To prevent fraud, which might otherwise take place, and to establish a mutual confidence in matters of commerce, it is agreed, that all the citizens and subjects of the contracting parties, whether residents in their own or in the territories of the other party, who shall have arrived to the full age of twentyone years, (being of sound mind, excepting always the Russian peasants) shall be judged capable of making contracts in their own names, and shall, accordingly, be held and obliged to fulfil and perform all contracts and engagements, which they shall so make and enter into, agreeably to the rules of good faith; and this, whether their fathers, or mothers, or both, shall be living or dead at the time of making the contract, or whether they have been portioned or not by them, or either of them. And all the Russian clerks or servants employed in the shops shall be registered in some tribunal, and their masters shall be responsible for them in affairs of trade and commerce, bargains or contracts, which they shall make in their names.
ARTICLE XIII.
When the Russian merchants shall cause to be enregistered at the custom house their contracts or bargains for the sale or purchase of merchandises, by their clerks or factors, or others employed by them, the officers of the customs where these contracts shall be enregistered, shall carefully examine if those who contract for the account of their principals, are authorised by them with orders or full powers made in good and due form, in which case, the said principals shall be responsible as if they had contracted themselves in person. But if the said clerks, factors, or other persons employed for the said merchants, are not provided with sufficient orders or full powers in writing, they shall not be believed upon their word, and although the officers of the customs are charged to watch in this respect, the contractors shall, nevertheless, take care for themselves that the agreements or contracts that they make together exceed not the procurations or full powers, which have been confided to them by their employers, since these last are not held to answer but for the objects and amount for which the full powers have been given by them.
ARTICLE XIV.
The Russians shall be amenable to justice touching all their contracts and engagements between them and the citizens of the United States residing in Russia, in the place where they shall have made them, unless it shall be otherwise stipulated therein, and according to the laws of the same place; and if any process should arise between them in the towns of St Petersburg, Moscow, or Archangel, the College of Commerce alone, to the exclusion of every other tribunal, shall take cognizance thereof, after complaint shall have been duly made; and said College shall cite the person complained against to appear before them in person, or by his attorney, to answer such complaint, allowing a reasonable time therefor; and if he should appear, or fail to appear and answer within the time fixed, upon due proof of the matter in question being produced, the said College shall proceed to pass judgment thereupon against the person complained of, and where it is necessary to carry their judgment into execution against an absent person, shall forthwith when desired by the complainant, at his expense, send an express to the proper Governors or Waywodes, and shall order them to cause the judgment to be executed without loss of time, and thus shall oblige the person condemned, to pay the sums of money specified in such judgment, with reasonable costs.
ARTICLE XV.
But whenever a process or dispute shall take place concerning any contract made between the citizens of the United States and the Russian subjects, in a place where the College of Commerce hath no department, they shall be heard and determined by the ordinary magistrate of the place; and in all such cases, the process shall be conducted in like manner as is agreed in the preceding article, as well with respect to the obtaining of judgment, as to the execution thereof; and the citizens of the United States, in all causes between them and the Russian subjects, which shall be tried by any magistrate of a place where the College of Commerce hath no department, shall have a right to appeal from the judgment of the magistrate to that of the College of Commerce, whenever they shall think themselves aggrieved thereby. On the other hand, the Russian merchants within the territories of the United States shall, in their turn, enjoy the same administration of justice as the native citizens.
ARTICLE XVI.
It shall be lawful for the merchants on the one part and on the other, to keep in the places of their abode, or elsewhere, books of their accounts and affairs, and also to maintain an intercourse of letters in any language they please, without being liable to any restraint in these respects. Nor shall they be obliged to show their books or papers to any person whatever, unless it be in the course of justice; and if it should become necessary for them to produce their books or papers for deciding any controversy, in such case, no other articles or parts thereof shall be shown, than such as shall relate to the matter in question, or shall be necessary to give credit to the same books and papers. And it shall not be lawful under any pretence, to take the said books or papers forcibly out of the hands of the owners, or to retain them; the case of bankruptcy always excepted.
ARTICLE XVII.
If any bankruptcies shall happen in Russia, in which any of the citizens of the United States shall be interested, either as creditors or debtors, the creditors shall assemble under the authority of the College of Commerce, and the major part of them, as well with respect to number as to the value of their demands, shall name three or more persons, from among themselves or elsewhere, trustees, who shall take possession of all the effects movable and immovable of such bankrupt, and of his books and papers, and shall examine the same to discover the state of his affairs, and they may decide upon the claims of any one pretending to be a creditor of such a bankrupt, if his claim shall be questioned by any other creditor in whole or in part; and the decision of the major part of such trustees thereupon, shall be final and binding upon all the creditors. The trustees shall have full authority also to demand and receive all debts due to the bankrupt, to sell and dispose of his effects movable and immovable, and shall distribute with all convenient speed the proceeds thereof among all the creditors, in a just proportion to their respective demands and credits, as finally settled and allowed by the trustees, without any preference whatever among the creditors, on account of the different nature of their demands. It is to be understood always, however, that when any immovable estate of the bankrupt shall have been mortgaged and pledged to any creditor, such creditor shall receive the full of his debt before the same estate shall be taken out of his possession and sold for the profit of the other creditors. But, as to movable effects, no right of pledge shall be admitted, unless the thing claimed by any creditor as a pledge for his debt, shall have been actually delivered to him before the bankruptcy was committed, and shall have remained constantly in his hands; in which case, he shall also be paid the whole of his just debt, before he shall be dispossessed of such pledge to be sold for the benefit of the creditors in general. The trustees shall make a report to the College of Commerce in what state they have found the books, papers, and affairs of the bankrupt, and by what means he has failed, and, if they declare him to be an honest man, he shall be immediately discharged.
ARTICLE XVIII.
To multiply the ties, and to establish a more intimate and friendly intercourse between the citizens and subjects of the contracting parties, it is agreed, that whenever any citizen of the United States, resident in any part of Russia, shall associate and enter into partnership with any Russian merchant, he shall thereby acquire and be entitled, for so long time as the said association and partnership shall be continued, all the rights, liberties, privileges, immunities, and exemptions, in navigation, trade, and commerce, of a native subject of Russia. And on the other hand, whenever any Russian merchant resident in any of the territories of the United States, shall associate, and enter into partnership, with any merchant or citizen of the United States, he shall thereby acquire and be entitled to enjoy, for so long a time as the said association and partnership shall be continued, all the rights, liberties, privileges, immunities, and exemptions in navigation, trade, and commerce, of a native citizen of the United States. But the said citizens and subjects, on the one part and on the other, shall not be subjected on such account to any tax or imposition whatever, and they shall also be exempt from all burdens, charges, and services, of what nature soever, which are peculiar to native citizens, and subjects, and burghers, and are not exacted from the most favored nations.
ARTICLE XIX.
All necessary precaution shall be taken, that the brack be trusted to persons of known ability and probity, and the brackers shall be responsible for the quality of the goods, and fraudulent package, and shall be obliged after sufficient proofs produced against them, to make up the losses occasioned by their negligence or fraud. The officers of the customs shall have the charge of examining the clerks or servants of the American merchants residing in Russia, when they cause their goods to be entered, whether they have the orders of their masters in writing for that purpose, and if they have not, they shall not be credited, nor shall their masters be responsible for any entries their clerks or servants may cause to be made in their names, without their orders in writing for the same.
ARTICLE XX.
The citizens and subjects of the one part and on the other, shall have full liberty to remove themselves and their families (if they have any) together with their effects of every kind, whensoever they think fit, out of the territories of the other party; paying their just debts, and the ordinary established duties of exportation, but without being subjected to any extra duties or deduction from their effects, for the right of carrying them out of the territories of such party; and the proper passports for their persons and effects shall be granted without unnecessary delay. It is particularly agreed, that passports shall be granted to all such citizens of the United States, who being merchants within the Russian dominions, shall desire to quit the same, by the government, at the end of two months after they shall have published their intention of departing in the Gazette of St Petersburg, without their being obliged to give any security whatever, and if within that time there shall not appear any lawful cause to detain them, they shall be permitted to depart freely, with all their effects.
ARTICLE XXI.
There shall be an entire and perfect liberty of conscience allowed to the citizens and subjects of both nations, within the territories of the other party; and in consequence thereof they shall be permitted to worship freely, either in their own houses, or churches destined and allowed for that purpose by the government, according to the rites of their own religion, nor shall they in any measure be molested therein. There shall, moreover, be granted liberty whenever any of the citizens or subjects of either party shall die in the territories of the other party, to bury them in the usual burying places, or in decent and convenient grounds, appointed for that purpose, as occasion shall require, and the dead bodies of those who are buried shall not in any measure be disturbed.
ARTICLE XXII.
Although the _Droit d'Aubaine_ does not exist within the territories of either of the contracting parties, it is nevertheless agreed between them, to clear away all doubts which might arise thereupon, that their respective citizens and subjects shall have full right to dispose of all effects, which they shall have or ought to have within the territories of the other party, by testament, donation, or otherwise, in favor of such persons as they shall think fit; and their heirs, subjects of one of the parties, and residing in the territories of the other, or elsewhere, whether so by testament, donation, or other particular titles, or as intestate, shall freely succeed to, and take possession of all such effects, whether in person or by procuration, or if minors by their guardians, tutors, or curators, although they shall not have obtained letters of naturalization, and may dispose of the same as they shall think fit, paying the just debts only which shall have been due from the deceased at the time of his death; and they shall not be chargeable with the payment of any duties or imposts whatever, upon entering into the possession of such effects, movable or immovable; and who shall be deemed heirs of any citizen of the United States, who shall die intestate in Russia, and in what proportion his effects, movable or immovable, which he shall have left there, shall be divided among them, shall be determined by the laws of the State in the Union of which the deceased was last a member; and if the heirs of the deceased shall be absent, or minors, at the time of his death, and he shall not have named a particular trustee of his effects for their use, in such case an inventory shall be taken of all such effects, movable and immovable, by a Notary Public, under the direction and in presence of the consul, vice consul, agent or commissioner of the United States, if there be any in or near the place where the deceased last dwelt; all which effects shall be immediately after committed to the care of one or more persons, to be named by the said consul, vice consul, agent, or commissioner, or in default thereof, to those whom the public authority shall designate for that purpose, to the end, that they may safely be kept by them, and preserved for the lawful heirs of the deceased.
ARTICLE XXIII.
The contracting parties shall mutually endeavor by all the means in their power, to defend and protect all vessels and other effects belonging to the citizens or subjects of the other party, and being in their ports, roads, harbors, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover, and cause to be restored entire, to the true proprietors, their agents or attornies, all such vessels and effects which shall be taken under their respective jurisdictions, and their vessels of war and convoys sailing under their authority, in cases when they may have a common enemy, shall take under their protection all the vessels belonging to the citizens and subjects of the other party, which shall not be ladened with contraband goods, (according to the description thereof made in the article of this treaty) for places with which one of the parties is at peace and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route, and they shall defend such vessel as long as they shall hold the same course, or follow the same route against all attacks, force, and violence of the common enemy, in the same manner as they ought to protect and defend the vessels belonging to the people and subjects of their proper sovereign.
ARTICLE XXIV.
Merchants, masters, and owners of vessels, mariners, men of all kinds, vessels, merchandises, and effects in general, of either of the contracting parties, or of their citizens and subjects, shall not be seized or detained within the territories of the other party for any military expedition, public or private use of any one, by arrests, violence, or any color thereof; much less shall it be permitted to take or extort by force anything from the citizens or subjects of the other party, and without the consent of the owner; which, however, is not to be understood of seizures, detentions, and arrests, which shall be made by the command and authority of justice, and by the ordinary method, on account of debts and crimes, in respect whereof the proceedings must be by way of law and according to the forms of justice.
ARTICLE XXV.
In case the citizens or subjects of either party, with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbor to retreat and enter into any rivers, bays, roads, or ports, belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help, and they shall be permitted to refresh, and provide themselves at reasonable rates with victuals, and all things needful for the sustenance of their persons, or reparation of their vessels, and conveniency of their voyage, and shall no ways be detained or hindered from returning out of the said ports or roads, but may come to sail and depart when and whither they please, nor shall they be subject to any visit or to the payment of any duties whatever, provided always, that during their remaining in port, they do not break bulk, or expose any merchandise to sale. It is nevertheless to be understood, that if it shall become necessary for the effectual reparation of any vessel to unload her in part or in whole, permission for that purpose shall be granted, and there shall not be demanded any duties whatever upon the merchandises which shall be unloaded, but they shall be deposited in some suitable magazine under the inspection of a proper officer of the port, to be delivered up to the master of the vessel after she shall have been repaired, to be again loaded on board her; likewise, permission shall be granted to sell so much of the said merchandises as shall be necessary to defray the expenses of repairing and equipping the vessel for sea, paying the duties only upon such part as shall be sold, and they shall not be demanded upon any other part of the cargo under pretence of her having broken bulk, or any other pretence whatever, but she shall be permitted freely to proceed to sea with the remainder of her cargo, without any molestation or impediment whatever.
ARTICLE XXVI.
If the vessels of the citizens or subjects of either of the contracting parties come upon the coasts of the other party, without intending to enter into port, or being entered into port, not designing to unload their cargoes or to break bulk, they shall not be obliged to pay for their vessels or cargoes any duties of entry or departure, nor to render any account of their cargoes, at least if there is not probable cause to suspect that they carry contraband goods to the enemies of such party; in which case they shall be obliged to exhibit their passports and certificates described in the article of this treaty, to which full faith and credit shall be given.
ARTICLE XXVII.
It shall be lawful for captains and masters of vessels belonging to the United States, or any of them, or to their citizens, freely to receive on board their vessels, or take into their service as passengers or seamen, the natives or citizens of any of the United States, being in any port or place subject to the jurisdiction of her Imperial Majesty, upon such conditions as they shall agree upon, without being subject for so doing to any fine, punishment, process, or reprehension whatsoever; and reciprocally, the captains and masters belonging to her Imperial Majesty, or any of her subjects, shall enjoy in all the ports and places under the obedience of the United States, the same privilege of receiving and taking into their service passengers and seamen, being natives or subjects of any country of the domination of her Imperial Majesty, provided that neither on the one side nor the other, they may not receive or take into their service such of their countrymen who are already engaged either in the public or any private service, or who shall have fled from the justice of the country, but they shall surrender up all such persons whenever duly required so to do.
ARTICLE XXVIII.
If any vessels belonging to either of the parties, their citizens or subjects, shall within the coasts or dominions of the other party, stick upon the sands or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or shall be in danger thereof; and the vessels, effects, and merchandises which shall have been saved, or the proceeds of them, if being perishable they shall have been sold, being claimed within the space of ---- months by the masters or owners, their agents or attornies, shall be faithfully restored, paying only that which ought to be paid by the native citizens or subjects in such cases for salvage. There shall also be delivered, gratis, to the persons shipwrecked, safe conducts or passports for their free passage from thence, and to return each one to his country.
ARTICLE XXIX.
The two contracting parties, fully convinced of the wisdom and justice of the principles contained in the declaration of her Imperial Majesty of the 28th day of February, 1780, made to the then belligerent powers, and proposed by her as the basis of a system to be established for the general benefit of the commercial world, and that the same ought to be regarded as sacred by all belligerent powers forever; which principles have since been established and agreed upon in the maritime convention concluded at Copenhagen, between her said Imperial Majesty and the King of Denmark and of Norway, on the 9th of July, 1780; and being desirous to make the same the invariable rule of their own conduct, and to have recourse thereto upon all proper occasions, as to stipulations and laws, which merit a distinguished rank in the human code;
The contracting parties do here solemnly adopt and immediately apply to themselves the few important principles, which have been established as above in favor of neutral nations in general, viz.
1st. That all vessels shall navigate freely from port to port, and upon the coasts of nations at war, excepting always ports blocked;
2dly. That effects belonging to powers at war, or to their subjects, shall be free upon neutral vessels, excepting contraband merchandises;
3dly. That to determine what shall characterise a port blocked, this denomination shall be granted but to such port only, where the vessels of war of the power that attacks it shall be sufficiently near, and stationed in such a manner, that there is an evident danger of entering into it;
4thly. That neutral vessels shall not be arrested, but upon just causes and evident facts, and they shall be judged without delay; that the process shall always be uniform, prompt, and legal, and that always besides the indemnification, which shall be granted to those who have sustained any damages or losses without being in fault, there shall be given complete satisfaction for the insult committed upon the respective flags.
ARTICLE XXX.
If the merchant vessels of the citizens or subjects of one of the other parties, sailing along the coasts or on the high seas without any escort, are met by the vessels of war or private armed vessels of the other party, being engaged in a war with any other power, they shall be held, if required, to exhibit their passports, sea-letters, and other documents described in the article of this treaty; and to prevent all disorder and violences, the vessels of war and private armed vessels making the visit shall constantly remain out of cannon-shot from the armed vessels, and shall send their boats to them, but they shall not board them with more than two or three men for the purpose of examining their papers abovementioned. Nevertheless, it shall not be permitted to visit or to examine the papers of any merchant vessels when convoyed by vessels of war, but full faith shall be given to the declaration of the officer commanding the escorts, that the merchant vessels are not charged with any contraband merchandises for an enemy's port.
ARTICLE XXXI.
And when it shall appear by the papers exhibited, or by the verbal declaration of the officer commanding the escort, that the merchant vessels are not charged with any contraband merchandises destined for a port of the enemy of the other party, they shall be permitted to pursue their voyage without any molestation or impediment; and that more effectual care may be taken for the security of the citizens, subjects, and people of both parts, it shall be expressly forbidden to the captains and commanders of all vessels of war, and of private armed vessels, their officers and people, to molest or to do any damage to the vessels, citizens, subjects, and people of the other party, and if they shall act to the contrary, they shall be obliged to answer therefor in their persons and goods, besides the reparation due for the insult committed upon the flag.
ARTICLE XXXII.
If, by exhibiting the sea-letters and other documents, the other party shall discover there any of those sorts of goods, which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks, or other vessels found therein, or to remove the smallest parcel of the goods, unless the lading be brought on shore in presence of the officers of the Court of Admiralty, and an inventory thereof be made; but there shall be no allowance to sell, exchange, or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the Court of Admiralty by a sentence pronounced shall have confiscated the same, saving always as well the ship itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize. But, on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover any there, he shall be condemned in all the charges and damages, which he shall have caused, both to the owners of the vessels, and to the owners and freighters of the cargoes with which they shall be loaded, for his temerity in taking and carrying them into port; it being declared most expressly, that free vessels shall assure the liberty of the effects with which they shall be ladened, and that this liberty shall extend itself equally to the persons who shall be found in free vessels, although they are enemies to both, or either party, who may not be taken out of her unless they are military men actually in the service of an enemy.
ARTICLE XXXIII.
On the contrary, it is agreed, that whatever shall be found to be ladened by the citizens and subjects of either party, on any ships belonging to the enemies of the other, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated as if it belonged to the enemy; excepting always such effects and merchandises as were put on board such vessel before the declaration of war, or in the space of ---- months after it; which effects shall not be in any manner subject to confiscation, but shall be faithfully, and without delay, restored in nature to the owners who shall claim them, or cause them to be claimed before the confiscation or sale; and, if they should not be claimed before then, the proceeds thereof shall be restored, provided they are duly claimed within ---- months after the sale, which shall always be public. Nevertheless, if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to the enemies of the other ally.
ARTICLE XXXIV.
And under this denomination of contraband or merchandises prohibited, shall be comprehended only ----. All other effects and merchandises not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or by sea, shall not be adjudged contraband, neither by the letter nor according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband; so that all effects and merchandises, which are not expressly before mentioned, may, without any exception and in perfect liberty, be transported by the citizens and subjects of both allies from and to places belonging to the enemy of the other, excepting only the place, which at the same time shall be blocked, as described in the article of this treaty.
ARTICLE XXXV.
All vessels and merchandises of whatever nature, which shall be rescued out of the hands of any pirates or robbers navigating the high seas without requisite commissions, shall be brought into some port of one of the two States, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprietors, as soon as due and sufficient proofs shall be made concerning the property thereof.
ARTICLE XXXVI.
It shall be lawful, as well for the ships of war of the two contracting parties, as for the private armed vessels belonging to their respective citizens and subjects, to carry whithersoever they please, the ships and goods taken from their enemies; neither shall they be obliged to pay anything to the officers of the Admiralty, or to any other judges or persons whatever; nor shall the aforementioned prizes, when they come to and enter the ports of the said States be detained by arrest, or be subject to any search or visit; nor shall the validity of the capture be questioned; but they may come to sail, depart, and carry their prizes to those places, which are mentioned in their commissions, which the commanders of such ships of war, or private armed vessels shall be obliged to show, if required. On the contrary, no shelter or refuge shall be given in the ports of one of the parties to such as shall have made a prize upon the citizens and subjects of the other party, and if, perchance, such ships shall come in, being forced by stress of weather, or the danger of the seas, they shall be obliged to depart as soon as possible.
ARTICLE XXXVII.
No subject of her said Imperial Majesty, shall apply for or take any commission or letters-of-marque for arming any ship or vessels, to act as privateers against the said United States, or any of them, the citizens or inhabitants thereof, or against the property of any of them, from any Prince or State, with which the United States shall be at war; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any commission or letters-of-marque, for arming any ships or vessels to act as privateers against the subjects of her said Imperial Majesty, or any of them, or against their property, from any Prince or State with which her said Imperial Majesty shall be at war; and if any persons of either nation shall take such commission or letters-of-marque, he shall be punished as a pirate.
ARTICLE XXXVIII.
It shall not be lawful for any foreign privateers, not belonging to the subjects of her said Imperial Majesty, or to the citizens or inhabitants of the said United States, which have commissions from any other Prince or State, at war with either of the parties, to fit their ships in the ports of either of them, to sell the prizes which they shall have made, or in any other manner whatsoever to discharge the vessels, merchandises, or any part of their cargoes; neither shall they be allowed even to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.
ARTICLE XXXIX.
To the end that all dissension and quarrel may be avoided and prevented, it is agreed, that in case one of the two parties happens to be at war, the vessels belonging to the citizens and subjects of the other ally, shall be provided with sea-letters or passports, expressing the name and the place of abode of the master or commander of said vessel, to the end, that thereby it may appear, that the vessel really and truly belongs to the citizens or subjects of one of the contracting parties; which passports shall be drawn and distributed according to the form annexed to this treaty. Each time that the vessel shall return she shall have such of her passports renewed, or at least they ought not to be of more ancient date than two years from the time the vessel last came from her own country. It is also agreed, that such vessels being loaded, ought to be provided, not only with the said passports or sea-letters, but also with a general passport, or with particular passports or manifests, or other public documents which are ordinarily given, to vessels which are outward bound, in the ports from whence they have set sail in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and of that of her destination; or instead of all these, certificates from the magistrates or governors of cities, places, and colonies, from whence the vessel came, given in the usual form, to the end, that it may be known whether there are any effects prohibited or contraband on board the vessels, and whether they are destined to be carried to an enemy's country or not. And in case any one judges proper to express in the said documents, the person to whom the effects on board belong, he may do it freely, without however being bound to do it; and the omission of such expression cannot and ought not to be deemed a cause of confiscation.
ARTICLE XL.
The contracting parties grant to each other mutually, the liberty of having, each in the ports of the other, consuls, vice consuls, agents, and commissaries, of their own appointment, whose functions shall be regulated by particular agreement whenever the parties shall choose to enter into one.
ARTICLE XLI.
For the better promoting commerce on both sides, it is agreed that if a war should break out between the contracting parties (which may God prevent) the term of twelve months, to commence from the day of the publication of a proclamation by the sovereign authority of the State to be made for that purpose whenever it shall be judged proper, shall be allowed to the citizens and subjects of each part residing within the dominions of the other, in which they themselves may retire, together with their families, goods, and effects, and carry them whithersoever they please; and for this end, passports and safe conducts shall be freely granted to them, as well for their persons as for their vessels and other effects, for some convenient ports of their respective countries, and for a time necessary for the voyage; and likewise during the said term, the selling and disposing of their effects, both movable and immovable, shall be allowed to them freely, and without any molestation; and also their goods and effects of every sort, and more especially their persons, shall not be detained or troubled by arrest or seizure, except it be in a due course of justice on account of debts or crimes, but rather in the meantime, they shall have and enjoy good and speedy justice, so that within that term they may be able to recover their goods, effects, and debts intrusted as well to the public as to private persons; and it shall be lawful for them also before, or at the time of their departure, to consign to whom they shall think fit, or otherwise dispose of according to their pleasure or convenience, such of their effects as they shall not have parted with, as well as the debts which shall be due to them, and their debtors shall be obliged to pay the same in like manner as if the contracting parties were in full peace with each other.
FOOTNOTES:
[27] It does not appear that this plan of a treaty was ever discussed between the parties, but was drawn up by Mr Dana on such principles as he intended to maintain, should the negotiation proceed.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, June 24th, 1783.
Sir,
In my last, I had the honor to transmit to you a copy of the answer which I had received to my Memorial, and my reply to it. Things remain in the same state, as we have no news of the conclusion of peace under the mediation of their Imperial Majesties. This delay is supposed to arise from some difficulties still subsisting between Great Britain and the United Provinces respecting their affairs in the East Indies, and though the latter are not concerned (any more than the United States) in the mediation, yet France will not probably conclude her definitive treaty till Great Britain and the United Provinces have agreed upon their terms. To give time for this, was not the least object which France had in view by the present mediation.
Notwithstanding the language of all the gazettes in Europe respecting an adjustment of affairs between the Imperial Courts and the Porte being at hand, it is still thought here, that the war between the latter and this empire, at least, is inevitable. Should the Emperor take a part in it, we shall see this continent in a flame. The naval reinforcements intended to be sent from hence into the Mediterranean, are stopped most certainly on account of an opposition from the quarter mentioned in mine of May 30th. Though in my last, by the references there made, I have pointed out the general object of the war with the Porte, on the part of the Imperial Courts, yet there are some particulars relative to the Empress, of which you are not particularly informed, I will give them to you by the first safe opportunity. I shall have one in about a month by Mr Allen, a merchant of Boston, who arrived here last week, and proposes to return to America about that time. The journey of the Empress into Finland, as mentioned in my last, has been postponed on account of a hurt the King of Sweden received from a fall from his horse; it will take place in a few days.
The flag of the United States is now displayed at Riga, upon a ship of five hundred tons, commanded by a Captain McNeil, belonging to Massachusetts, who arrived there on the first instant from Lisbon with salt, an article permitted in that port though prohibited here. This is the only arrival of any American vessel in any part of this empire. She carries out hemp only, it being the only article with which she can be furnished there proper for our markets. This demand comes very seasonably to destroy the allegations of those who had endeavored to promote their particular interests at the expense of ours, and also to support the contrary representation which I had constantly made of our commerce. Cordage may indeed be had at Riga, as well as hemp, but both of them are dearer than in this port. They are, however, of a better quality, but they are seldom exported on private account, as the difference of the price is thought to be too great for that of the quality. The Admiralty of England prefers them. I mention these circumstances as they may give some useful information, not only to the Admiralty of the United States, but to our private merchants. The one may seek them, the other may avoid them. A vessel owned partly in Ireland, and partly by a Mr Wharton and others, of Philadelphia, I am told, will sail from hence for Philadelphia in about a month. Mr Allen will take his passage in one of the two abovementioned vessels.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, July 1st, 1783.
Sir,
I do myself the honor to write you by this day's post, merely to let you know, that we have not yet received an account of the conclusion of the definitive treaty of peace, and of course, that I remain in the same state as at the date of my last. Her Imperial Majesty set off last Friday to meet the King of Sweden at Fredericksham, and is expected here again next Friday. The object of this meeting is doubtless such as I have mentioned in my letter of June 17th. The King of Sweden has a well appointed army of more than ten thousand men near his frontiers in Finland, and the Russian army, about their frontiers, is said to be greater. The two Sovereigns have been putting their possessions in that quarter into a better state of defence for some time. Sweden has been engaged in completing the fortress of Sweaborg, near Helsingfors, which is said to be an exceeding strong place.
These preparations do not indicate, certainly, hostile intentions on either part. They are such as common prudence, with the most pacific dispositions, might render indispensable in the present prospect of a war with Turkey. Should this empire prove unsuccessful in that, there is little reason to doubt that Sweden would seize upon such an occasion, to recover the territories which have been conquered from it. Or if the Emperor should take a part in the Turkish war, of which there seems to be much doubt at present, and thereby engage Prussia, France, and perhaps, Spain in it, it is highly probable in that case, that Sweden would not long remain inactive. It cannot now be long before the point will be decided, whether we shall have a general war on the continent of Europe or not.
We shall have a great change in the course of the summer, in the diplomatic corps here. The Minister of Spain has lately gone away, leaving a _Charge d'Affaires_. The Ministers of France, Portugal, and Denmark, are about doing the same. The Minister of England will be succeeded by another of the same class, as also the Minister of Naples. Besides these changes, a Minister is coming from the Republic of Venice. France, Spain, Denmark, Portugal, and Sweden, will be represented here by _Charges d'Affaires_, and, if I might offer my opinion upon the matter, when the United States shall have made their commercial treaty with this empire, a _Charge d'Affaires_ would answer every useful purpose they can have in view at the Court. Every day's experience convinces me, that they cannot decently maintain a Minister of the second class at this Court, under an appointment of L3000 sterling per annum, and that it would be a very useless expense for them, as a _Charge d'Affaires_ may be well supported upon half that sum. I have not received any letter from you later than ----, nor has the confederation or the constitutions of the several States, which you say you have sent me, and which would be very acceptable to me, ever come to hand, and as you have not mentioned through what channel you sent them, I know not where to apply for them. I have written to Paris and Holland for them in vain.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, July 8th, 1783.
Sir,
After the departure of her Imperial Majesty for Fredericksham, as mentioned in my last, the Vice Chancellor communicated to the foreign Ministers the information, that their Imperial Majesties had concluded an alliance offensive and defensive against the Porte. Thus it is now become certain, that the Emperor will take a part in this new war; the consequence of which will be, as I have supposed in some of my former letters, a general war on the continent of Europe.
A courier has been sent from hence with a similar communication as above, to the Courts of Berlin and Versailles, which Courts having been apprehensive of such an event, are, doubtless, prepared to meet it, and oppose themselves to the execution of the project of the Imperial Courts, which is nothing short of what was supposed to be in agitation, by my letter of the 30th of March, 1782, particularly by the first sentence of it relative to that subject, to which I beg leave again to refer you for more particular information. Last Saturday, a courier arrived from Versailles for the French Minister, which was sent from thence in consequence of the same matter being communicated there by the Minister of the Emperor, that from this Court had not then arrived. I am told his Most Christian Majesty expresses in a firm tone his surprise at the Empress's seizing upon the Crimea, and demands an explanation upon that subject, concluding, however, with an offer of his mediation between her Imperial Majesty and the Porte for settling their differences and pretensions. But it is evident the sword alone must decide these.
Sometime in last February, France having information of the project formed against the Porte, remonstrated in strong terms against it to the Emperor, upon which, as is said, he gave full assurances that he had not any such design as was imputed to him. This gave rise to the doubts, which have been entertained, whether he would take a part in the war against the Turks, which seemed to be the point upon which a general war upon the continent would depend. For if Russia alone had attacked the Turks, the powers whose interest it is to support them, would have, probably, confined themselves to secret succors. Their own safety will now oblige them to make powerful diversions in their favor. Not only France and Prussia have a deep interest to prevent the aggrandizement of the House of Austria, but many of the Electors and Provinces of Germany also, in order to preserve their own independence and liberties, which are ever in danger from powerful and ambitious Emperors. Hence we may see some of these allied with those two principal powers, to support the Turks against the formidable alliance of the Imperial Courts. Great Britain will remain neuter, rejoicing to see France engaged in an expensive continental war. Or if a favorable occasion should arise, she may take a part in it towards the close, to avenge herself for the part France has taken in our revolution. Thank God, we have a world to ourselves, and may rest in peace while the calamities of war are laying waste and desolating this continent. We may derive special advantages from it, as it will, probably, augment the emigrations of that most useful class of men, the peasants of Germany, into America.
Since my last, a Nuncio from the Pope has arrived here, coming from Poland. Having had no account of the definitive treaty, I remain _in statu quo_.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, July 27th, 1783.
Sir,
I have this day been honored with the duplicate of your letter of the 1st of May last, enclosing the resolution of Congress of the 1st of April, approving of my intention of returning to America, provided I should not be engaged in a negotiation with this Court at the time I should receive that resolution, but that if I should be, it is the desire of Congress that I should finish such negotiation before I return.[28] This letter has come very opportunely to hand, as we are in expectation every moment of receiving the account of the conclusion of the definitive treaty of peace, when I should have immediately had my audience of her Imperial Majesty. I shall now think it expedient to decline that honor. For it would be a very useless ceremony, to take an audience of reception one day, when the next, I must ask one of departure, as according to your letter, it not only seems that Congress declines being at the customary expense of concluding a treaty with her Imperial Majesty, but you say also, with respect to a commercial treaty, (the only one I had any intention of concluding,) none could be signed by me, as my powers only extend "to _communicate_ with her Imperial Majesty's Ministers on the subject of a treaty, &c. &c. but not to sign it." I confess I had put a very different construction upon the passage of my instructions alluded to, which is, "You shall assure her Imperial Majesty and her Ministers, of the sincere disposition of the United States to enter into a treaty of friendship and commerce with her, on terms of the most perfect equality, &c. and you are authorised to communicate with her Imperial Majesty's Ministers on the form and terms of such treaty, and transmit the same to Congress for their ratification," especially when taken into conjunction with the following paragraph of my commission, "And he is further authorised in our name and on behalf of the United States of America, to propose a treaty of amity and commerce between these United States and her said Imperial Majesty, and to confer and treat thereon with her Ministers vested with equal powers, so far as the same shall be founded on principles of equality, &c. transmitting such treaty for our final ratification. And we declare in good faith, that we will confirm whatsoever shall by him be transacted in the premises."
But it is useless to spend a moment's consideration upon the extent of my powers, when you say you are persuaded it is the wish of Congress rather to postpone any treaty with Russia, than to buy one at this day, as I am persuaded no treaty is to be obtained, or could be honorably proposed, without conforming, as other nations have done, to the usage of this Court in that respect. That it would be for the interest of the United States, immediately to conclude a commercial treaty with her Imperial Majesty, such a one as I flatter myself I could obtain, I have not the least doubt upon my mind. As to the neutral confederation, I have the honor to agree in opinion with you, that it is now of little consequence to us; for this reason, I had determined to have nothing to do with it, even if I could not obtain a commercial treaty without acceding to it, as was the case with Portugal.
I pray you to be pleased to acquaint Congress, that I shall improve the earliest opportunity to leave this country and to return to America. Happily, I shall have a very good one in three weeks or a month, in the yacht of the Dutchess of Kingston, which will sail from hence for Boston, where I hope to arrive in all November. I have not received the letter from Mr Morris, which you mention.
I have the honor to be, &c.
FRANCIS DANA.
FOOTNOTES:
[28] "Resolved, That Mr Dana having intimated his intention of returning to America, Congress do approve of the same; provided he should not be engaged in a negotiation with the Court of St Petersburg at the time of receiving this resolution, in which case, it is the desire of Congress that he should finish such negotiation before he returns."
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, August 8th, 1783.
Sir,
In my last, I acknowledged the receipt of yours of the 1st of May, enclosing the resolution of Congress of the 1st of April, relative to my returning to America, and I acquainted you, at the same time, that I should take my passage directly from hence for Boston, in the yacht of the Dutchess of Kingston. It being necessary immediately to prepare for the voyage, I thought it but decent to inform the Vice Chancellor of this change before it should become public, and have this day written a letter to him for that purpose, of which the following is a copy.
TO HIS EXCELLENCY COUNT OSTERMANN.
"I do myself the honor to acquaint your Excellency, that having obtained the permission of the Congress of the United States to return to America, I propose to leave this Empire in a few weeks. And as her Imperial Majesty has been pleased to postpone granting me an audience for the purpose of presenting my letters of credence, till the conclusion of the definitive treaties of peace, under the mediation of their Imperial Majesties, though that event should take place before my departure, yet if would be unnecessary to trouble her Imperial Majesty with that ceremony, when it must be soon followed with another. I have thought it incumbent upon me to inform your Excellency of my intention to return to America, before I had taken any step, which might make it public.
"I have the honor to be, &c.
FRANCIS DANA.
"_St Petersburg, August 8th, 1783._"
As it is probable I shall be in America by the time this letter will reach you, that is in all November, I shall add nothing here.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO ROBERT R. LIVINGSTON.
St Petersburg, August 17th, 1783.
Sir,
Before I received your letter and the resolution of Congress founded upon my letter of the 23d of September last, permitting my return to America, finding it impracticable to support myself upon my appointment for the time I expected to be detained in negotiating a treaty of commerce, I had written to Messrs Willink, and other bankers of the United States in Holland, to give me a credit here, for a sum not exceeding one thousand pounds sterling on account of the United States, engaging at the same time to be responsible for it, if Congress should refuse to allow it. Over and above this, I had applied to my bankers in this city to advance me six hundred pounds sterling, on my private credit, which I found it would be necessary for me to expend for such household furniture only, as is not included in what they call here a furnished house. Such a one I was just upon the point of engaging for six months, at the rate of sixteen hundred rubles a year, when your letter came to hand.
But as the object of negotiation above mentioned, is not thought by Congress to be worth pursuing at this time, I thought it would be most advisable for me to disengage myself from these extraordinary expenses, and to improve the convenient opportunity which now offers to take my passage from this port for Boston, without waiting for the conclusion of the definitive treaties of peace, merely to take an audience of her Imperial Majesty; especially as I doubted whether Congress would approve of my incurring them, after I had received their permission to return, and found that they had no particular object of negotiation in view at this Court. Besides, I saw if I had an audience of her Majesty, it would not do for me to leave the Court abruptly, or before the next spring, and that in consequence of it, I should not be able to arrive in America till nearly the expiration of another year. I therefore wrote to the Vice Chancellor, as you will find by my last, to inform him of my intention to return to America. Further to explain the motive of Congress, as well as my own respecting this measure, I wrote him again on the 14th instant as follows.
TO COUNT OSTERMANN.
"Sir,
"Lest the motive of the Congress of the United States, in granting me permission to return to America, as mentioned in the letter I did myself the honor to write to your Excellency on the 8th instant, might be misapprehended, I beg leave to inform you, that finding my health had suffered greatly since coming into this climate and my private affairs urging it upon me at the same time, I wrote to the Congress in September last, acquainting them with my desire to return to America. It was in consequence of this alone, they have been pleased to grant me that liberty.
"Those causes, but especially my ill state of health, operating with greater force at this day, oblige me to improve the earliest occasion to return to America, and one now offering from this port, I have proposed to take the benefit of it. But independent of such considerations, which are merely personal, as I have not yet been acknowledged in my public character, it appears improper for me after having received the abovementioned act of Congress, to ask an audience of her Imperial Majesty for the purpose of assuming it, and when too, if I should do it, I must immediately after ask an audience of leave. These reasons I hope, will excuse my retiring in a private character, as I have hitherto remained here. Highly sensible of the honor I should derive from being the first Minister from the United States of America at this Imperial Court, it is with infinite regret, I feel myself under the necessity of departing without having assumed that character. If your Excellency should judge it expedient, I will do myself the honor to wait upon you, in order to give you further explanations upon this subject verbally, than I have done in writing.
"I have the honor to be, most respectfully, your Excellency's most obedient and humble servant,
FRANCIS DANA."
In consequence of the above letter I received a message from the Vice Chancellor on the 15th by one of his Secretaries, acquainting me that he should be glad to see me at his house in the country the next morning. When I waited upon him accordingly, he said he had received my two letters respecting my departure for America, assigning the ill state of my health as the occasion of it, that I was already well informed of the time her Imperial Majesty had fixed for my reception, and of the reasons which influenced her in that respect; and that she could not make any change in it; that if my health did not permit me to wait for the event, in such a case it lay wholly with me to return. I told him the cause which I had mentioned was the true cause, that my health was in such a state the last fall, when I wrote to the Congress, that I should not have remained over the winter, but from an expectation that everything would have been settled during the winter, so that I might have had an audience of her Majesty, and been ready to return to America early in the spring, by which time I expected to have received the permission of the Congress, that I wished only to have the matter properly understood, that the permission of the Congress was not owing to any transactions which had taken place here.
He then asked if I had received any answer from the Congress since the communication of my mission. I replied, none at all, that if he would be pleased to attend to dates, he would see it was impossible; that my communication was made on the 24th of February, that the permission of the Congress was dated on the 1st of April, between thirty and forty days after; that the greater part of that time, my letter containing the account of it, must have been on its way to Paris; that if my letters reached them in two or three months it was very well; that six months, sometimes nine, as was the present case, elapsed before I could receive any answer from America, and that I did not receive her Majesty's first answer, till near two months after the communication.
He seemed to be perfectly satisfied with this account, and said he was very sorry my health would not permit me to remain here, that he should have been very happy to have had the honor of seeing me in my public character. I expressed again the great regret with which I should depart, especially after having resided so long in the country without having had an audience of her Imperial Majesty, which I should have deemed the highest honor of my life. I told him, so convenient an opportunity now offering directly from hence for Boston, I thought I ought not to omit improving it, that if I should, I should be detained in the country through the next winter; for I could not think it would be proper to depart sooner, after taking an audience of her Majesty, to which he seemed to assent. He said, perhaps, after I had recovered my health, I might return again, when he should be very happy to see me, &c. I thanked him for his politeness, and we parted without the least apparent dissatisfaction. Yet I am persuaded, that they had much rather I should remain, because they have their apprehensions, that Congress may resent the postponement of my audience to the conclusion of the definitive treaties of peace; an event, which they must know can operate no change in the political existence of the United States.
I thought it best to put the permission upon its true ground, and my speedy departure upon the ill state of my health; because this would not in the least engage Congress, but leave them at perfect liberty to send another Minister at this Court or not, as they shall judge expedient, all circumstances considered. It is clearly my opinion, since Congress decline being at the expense of concluding a commercial treaty with her Majesty, that the supporting a Minister here has become a matter of much indifference to our interests. The interests of this empire are much more in the power of the United States, than theirs are in the power of this empire. Should we vigorously adopt the cultivation of hemp, and our territories along the Ohio are exceedingly well adapted to it, we should strike at the foundation of the commerce of this empire, and give her Majesty reason to repent at leisure of the line of conduct she has chosen to hold with the United States.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Cambridge, December 17th, 1783.
Sir,
I do myself the honor to inform your Excellency of my arrival at Boston in the ship Kingston, on Friday last, after a passage of ninetyfive days from St Petersburg. I propose to set off for Congress as soon as the necessary arrangements can be made for my journey, provided the severity of the season should not render it impracticable. I wish, however, that your Excellency would be pleased to write to me by the return post, (to which time it is possible I may be detained) whether it is the expectation of the Congress, that I should come on to the place of their session, and without loss of time, to render a more particular account of my late mission. There is nothing I should more earnestly wish, than to meet a strict inquiry into my conduct during the time I have had the honor of being a servant of the public.
I have the honor to be, &c.
FRANCIS DANA.
* * * * *
END OF THE EIGHTH VOLUME.
+--------------------------------------------------------------------+ | TRANSCRIBER'S NOTE. | | | | Omitted words, shown as blank spaces in the original, have been | | transcribed as four hyphens ('----'). | | | | Spelling variations between letters have been preserved. | +--------------------------------------------------------------------+