Part 13

ARTICLE I. To interpret, as far as is necessary, the 2d Article of the treaty of amity and commerce, concluded February 6th, 1778, the United States declare, that all the advantages, privileges, and exemptions, which are accorded, or may be accorded hereafter, in regard to navigation and commerce, to any nation, power, or state, whatever, shall be common to the French nation, and that these shall be enjoyed conformably to Article 3d of the treaty, in such manner that in no case, or under any pretext, shall the said United States exact any compensation from his Most Christian Majesty.

ARTICLE II. His Most Christian Majesty promises and engages on his part, to cause the subjects of the United States to enjoy, in conformity with the 3d Article abovementioned, all the advantages, privileges, and exemptions, which the most favored nations now enjoy, or may enjoy hereafter, and that without exacting any compensation from the said States.

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TO MR GRAND.

Paris, May 22d, 1783.

Sir,

We have received the letter you did us the honor to write us on the 10th day of this month, containing a brief state of the affairs of the United States, in your hands.

We see the difficulties you are in, and are sorry to say that it is not in our power to afford you any relief.

We have the honor to be, Sir, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

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ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 28th, 1783.

Gentlemen,

By the direction of Congress contained in the enclosed resolutions, I have the honor to transmit you the correspondence between General Washington and Sir Guy Carleton, together with minutes of their conference, when in pursuance of the invitation of the first, they met in Orange county. Nothing can be a more direct violation of the seventh Article of the provisional treaty, than sending off the slaves, under pretence, that their Proclamations had set them free, as if a British General had, either by their laws or those of nations, a right by Proclamation, to deprive any man whatever of his property. They may with much more propriety pretend to re-establish every one of their adherents in all the rights they had before the war, since they engaged so to do, and the people with whom they made these engagements were capable of entering into them, which slaves were not. Or even if they were, the promise made to them must be under the same limitations with those made to their other adherents in this country, and amounts to nothing more than this; "make yourselves free, and we will protect you in that freedom as long as we can." The Articles imply, that they were no longer able to protect them. You will be pleased to remonstrate on this subject, and inform Congress of the effects of your representations.

We have been much embarrassed by your silence, not having had a line from you since the Provisional Articles took effect, nor being at all acquainted with the progress of the definitive treaty; though the earliest information on this subject becomes very important. Congress, after some hesitation have ventured to hope, that it will meet with no obstructions, and have accordingly discharged by the enclosed resolution a considerable part of their army upon those principles of economy which extreme necessity dictated. As scarce a week passes without several arrivals from France, Congress complain with some reason of your silence. For my own part I could wish, that you would severally impose upon yourselves the task of writing weekly, and sending your letters to Mr Barclay. As you are possessed of cyphers, there can be no hazard in this, where the subject of your correspondence requires secrecy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

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ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 31st, 1783.

Gentlemen,

Congress yesterday passed the enclosed resolutions on the subject of the payment of British debts. The language they speak requires no comment.

I complained in my last of your long silence, or rather laid before you the complaints of Congress. These, I think receive additional force from the intelligence that I have since had, that the negotiations are still going on; and that important propositions have been made you from Holland. As Congress have adjourned for two days, and the packet sails tomorrow, I cannot procure their instructions on this subject; though I think I may venture to say that they will not without reluctance go one step further than their honor requires of them in making new engagements which may involve them in the disputes of Europe, from which they wish to be totally disengaged. I make no observations on these propositions, or your power to accede to them, being well persuaded that you will take no step in this business without a full persuasion that important advantages will result therefrom to these States. The second proposition, in case France and Spain should decline acceding to the first, is more peculiarly delicate from the inability of the contracting powers to enforce them; if, which is hardly to be supposed, they should unite in wishing it.

I cannot help lamenting since so much time has elapsed before any conclusion is formed, that you had not thought it advisable to write me on this subject, explaining the advantages and disadvantages of the measure, and enabling me to take the sense of Congress thereon; for though they have the highest confidence in your judgment and knowledge of the true interests of this country, yet I am persuaded that they think it a duty to see with their own eyes; and to form their own conclusions on great national objects, where there is a possibility of so doing. The experience of the last war has shown that the propositions of the Empress of Russia were little more than a dead letter. Those whom England dared to offend derived no advantage from them. Our engagement therefore on this head will, in my opinion, add little weight to them, unless the great maritime powers of Europe agree to support them, and they may involve us in disagreeable discussions. These however are only my sentiments; those of Congress I am ignorant of.

The fifth and sixth Articles of the provisional treaty excite much ferment here. For though the most dissatisfied spirits acknowledge the whole treaty taken together to answer their highest expectations, yet they wish to take only what they like, and leave out what they disapprove; and such is the relaxation of government, and so great the disorder and uneasiness introduced by the war, that it will be found very difficult to bridle the just resentments of some, and the unfounded apprehensions that others entertain of reimbursement that may effect their particular interests.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

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JOHN ADAMS'S PROPOSED AGREEMENT.

June, 1783.

ARTICLES

Agreed upon by and between David Hartley, Minister Plenipotentiary of his Britannic Majesty for and in behalf of his said Majesty, on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, Ministers Plenipotentiary of the United States of America, for treating of peace with the Minister Plenipotentiary of his said Majesty, on their behalf, on the other part,

_In addition_ to those Articles agreed upon, on the 30th day of November, 1782, by and between Richard Oswald, the Commissioner of his Britannic Majesty for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty, on the one part, and the said John Adams, Benjamin Franklin, and Henry Laurens, Commissioners of the said States, for treating of peace, with the Commissioner of his said Majesty, on their behalf, on the other part;

Whereas it is expedient, that intercourse and commerce should be opened, between the people and territories subject to the Crown of Great Britain and those of the United States of America, and that this intercourse and commerce should be established on the most enlarged principles of reciprocal benefit to both countries;

1st. It is agreed, that Ministers shall be forthwith nominated and vested with full powers, to treat, agree, and conclude, upon a permanent treaty of commerce between the two powers and their respective citizens, subjects and countries.

2dly. For the purpose of a temporary regulation of such intercourse and commerce, it is agreed,

That the citizens of the United States shall import into, and export from, any part of the dominions, subject to the Crown of Great Britain, in American ships, any goods, wares, and merchandises, which have been so imported, or exported, by the inhabitants of the British American Colonies before the commencement of the late war, paying only the same duties and charges, as the like sort of goods or merchandises are now, or may be, subject to, if imported by British subjects, in British ships, from any British island, or plantation in America; and that the subjects of his Britannic Majesty shall import to, and export from, any part of the territories of the United States of America, in British ships, any goods, wares, and merchandise, which might have been so imported, or exported, by the subjects of his Britannic Majesty, before the commencement of the war, paying the same duties and charges, as the like sort of goods, wares, and merchandises are now, or may be, subject to, if imported in American ships, by any of the citizens of the said United States.

This agreement to continue in force for all vessels, which shall sail from any port of either party, on or before the ---- day of ---- and no longer; provided always, that nothing in this agreement shall at any time hereafter be argued on either side, in support of any proposition, which may be made in the future negotiation of a permanent treaty of commerce.

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JOHN JAY'S PROPOSED AGREEMENT.

June, 1783.

Whereas a variety of circumstances and considerations oppose the forming at present a permanent treaty of commerce, between the Imperial Crown of Great Britain and the United States of America; and whereas it is expedient that a commercial intercourse should be without delay opened and regulated between the kingdom and territories of Great Britain and the said States, by a temporary convention, therefore,

It is agreed that for the term of ---- from the date hereof, &c. &c.

Provided that the subjects of his Britannic Majesty shall not have any right or claim under the convention, to carry or import, into the said States any slaves from any part of the world; it being the intention of the said States entirely to prohibit the importation thereof.

And whereas questions may arise respecting the operation of this convention on Ireland, it is agreed that it shall not restrain that kingdom from accepting from, and granting to, the said States further and more extensive commercial privileges than that Island and the British American Colonies enjoyed with respect to each other before the late war.

And whereas this convention is dictated by temporary convenience, and the discussion of questions respecting reciprocity has, in forming it, been avoided; therefore, it is agreed, that no arguments shall be drawn from it, for or against any propositions or claims, which either party may make in treating of, and framing the proposed future treaty of commerce.

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DAVID HARTLEY'S PROPOSED AGREEMENT.

June, 1783.

It is agreed, that the citizens of the United States of America shall be permitted to import into, and export from, any port or place of the territories belonging to the Crown of Great Britain, in American ships, any goods, wares and merchandise, which might have been so imported by the inhabitants of the British American Colonies before the commencement of the late war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now, or may be, subject and liable to, if imported or exported by British subjects, in British ships, into and from any port or place of the territories belonging to the Crown of Great Britain; provided, however, that the citizens of the United States shall not have any right or claim, under this convention, to carry on any direct intercourse of commerce between the British West India Islands and the ports of Great Britain.

It is agreed, likewise, that the subjects of Great Britain shall be permitted to import into, and to export from, any part of the territories of the United States of America, in British ships, any goods, wares, and merchandise, which might have been so imported, or exported, by the subjects of Great Britain before the commencement of the late war, upon payment of the same duties and charges, as the like sort of goods, wares, and merchandise are now, or may be, liable to, if imported, or exported, in American ships by the citizens of the United States of America.

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REPORT OF A COMMITTEE OF CONGRESS.

By the United States in Congress assembled, June 12th, 1783.

The Committee, to whom was referred a report of the Secretary for Foreign Affairs, on a letter of the 20th of March last from M. Dumas, and sundry papers enclosed, report;

That it appears from the said letter and the papers enclosed, that propositions have been made, on the part of the States-General, to the Ministers of the United States of America at Paris, in order to render an express stipulation in favor of the freedom of navigation less necessary in the treaty of peace between Great Britain and the United Provinces of the Netherlands, either to accede to the treaty of the armed neutrality already concluded between some powers of Europe, or to enter into similar engagements with France, Spain, and the United Provinces of the Netherlands, or, in case France and Spain should refuse to enter into a Convention founded on the principles of the armed neutrality, or wish to delay it till after the general peace, to form a separate convention for similar purposes, between the United Provinces of the Netherlands and the United States of America. That the answers to these propositions do not appear from the papers transmitted, though there is room to infer from M. Dumas's letter of the fourth and eighteenth of February, that the two first of these propositions were encouraged by our Ministers, and that the States-General proposed to act in consequence thereof, and had made the last proposition, in order to be prepared in case either, or both, of the two first should fail.

It appears from the report of the Secretary for Foreign Affairs, that no powers are at present vested in any person in Europe, to agree to any treaty, similar to that entered into by Russia, Sweden, Denmark, and the United Provinces of the Netherlands, after the peace shall be concluded. The resolution of the 5th of October, 1780, empowers the Ministers of these States, if invited thereto, to accede to such regulations conformable to the spirit of the declaration of Russia, as may be agreed upon by the Congress expected to assemble, in pursuance of the invitation of her Imperial Majesty. Our Ministers received no invitation, and special powers were afterwards given to Mr Dana, which, in their nature, superseded that resolution. Mr Dana was by his commission and instructions empowered to sign the treaty or convention, for the protection of commerce in behalf of the United States, either with her Imperial Majesty, in conjunction with the other neutral powers, or if that shall be inadmissible, separately with her Imperial Majesty, or any of those, that is, those neutral powers. The treaty being only made to continue during the war, his powers terminated with the war, or, at most, extended only to sign it with the neutral powers, and not to form a new separate treaty.

Whereupon Congress came to the following resolution.

Whereas the primary object of the resolution of October 5th, 1780, and of the commission and instructions to Mr Dana, relative to the accession of the United States to the neutral confederacy, no longer can operate, and as the true interest of the States requires, that they should be as little as possible entangled in the politics and controversies of European nations, it is inexpedient to renew the said powers either to Mr Dana, or to the other Ministers of these United States in Europe. But, inasmuch as the liberal principles, on which the said confederacy was established, are conceived to be, in general, favorable to the interests of nations, and, particularly, to those of the United States, and ought, in that view, to be promoted by the latter, as far as will consist with their fundamental policy;

Resolved, that the Ministers Plenipotentiary of these United States for negotiating a peace be, and they are hereby instructed, in case they should comprise in the definitive treaty any stipulation, amounting to a recognition of the rights of neutral nations, to avoid accompanying them by any engagements which shall oblige the contracting parties to support those stipulations by arms.

ELIAS BOUDINOT, _President_.

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DAVID HARTLEY TO THE COMMISSIONERS.

Paris, June 14th, 1783.

Gentlemen,

Permit me to address the enclosed Memorial to your Excellencies, and to explain to you my reasons for so doing.

It is because many consequences, now at a great distance, and unforeseen by us, may arise between our two countries, perhaps from very minute and incidental transactions, which in their beginnings may be imperceptible and unsuspected as to their future effects. Our respective territories are in vicinity, and therefore we must be inseparable. Great Britain, with the British power in America, is the only nation with whom, by absolute necessity, you must have the most intimate concerns, either of friendship or hostility. All other nations are three thousand miles distant from you. You _may_ have political connexions with any of these distant nations, but with regard to Great Britain it _must_ be so. Political intercourse and interests will obtrude themselves between our two countries, because they are the two great powers dividing the continent of North America. These matters are not to come into discussion between us now. They are of too much importance, either to be involved, or even glanced at, in any present transaction.

Let every eventual principle be kept untouched, until the two nations shall have recovered from the animosities of the war. Let them have a pacific interval, to consider deliberately of their mutual and combined interests, and of their engagements with other nations. Let us not, at the outset of a temporary convention, adopt the severe principle of reducing every transaction between the two countries to the footing of exact reciprocity alone. Such a principle would cast a gloom upon conciliatory prospects. America is not restrained from any conciliation with Great Britain by any treaty with any other power. The principles of conciliation would be most desirable between Great Britain and America; and forbearance is the road to conciliation. After a war of animosities, time should be allowed for recollection. There are all reasonable appearances of conciliatory dispositions on all sides, which may be perfected in time. Let us not, therefore, at such a moment as this, and without the most urgent necessity, establish a morose principle between us; if it were a decided point against amity and conciliation, it would be time enough to talk of partition and strict reciprocity. To presume in favor of conciliation may help it forward; to presume against it, may destroy that conciliation, which might otherwise have taken place.

But, in the present case, there is more than reason to presume conciliation. I think myself happy, that I have it in my power to assure you, from authority, that it is the fundamental principle of the British Councils, to establish amity and confidence between Great Britain and the American States, as a succedaneum for the relation, in which they formerly stood one to the other. The proof of this consists, not in words, but in substantial facts. His Britannic Majesty has been graciously pleased to send orders to his commanders in North America, for the speedy and complete evacuation of all the territories of the United States. His Majesty has given orders in council, on the 14th of the last month, for the admission of American ships and cargoes into Great Britain; and on the 6th instant, he has given farther orders, permitting the importation from America of several articles, which have been usually considered as manufactures. He has, likewise, provided for the convenience of American merchants, who may wish to land tobacco in Great Britain for re-exportation. Upon the same principle, Mr Fox, the Secretary of State, corresponding with America, has moved for, and received the liberty of the House of Commons, (_nem. con._) to bring in a bill, that any American merchants, importing rice into Great Britain, may, upon re-exportation, draw back the whole duty paid on its first importation. All these circumstances put together, undoubtedly form the most indisputable evidence of the disposition, which prevails in the British Councils to give every facility to the re-establishment of that intercourse, which must be so beneficial to both nations.

I am ordered to inform you, that his Majesty entirely approves of the plan of making a temporary convention, for the purpose of restoring immediate intercourse and commerce, and more particularly for the purpose of putting off, for a time, the decision of that important question, how far the British acts of navigation ought to be sacrificed to commercial considerations, drawn from the peculiar circumstances of the present crisis; a question, which will require much deliberation, and very much inquiry, before it can be determined. I am sure, Gentlemen, you will see and admit the reasonableness of our proceeding, in such a case, with deliberation and discretion; more especially, when these acts of prudence do not proceed from any motives of coolness or reserve towards you. In the meantime, the temporary convention may proceed upon principles of real and accommodating reciprocity. For instance, we agree to put you upon a more favorable footing than any other nation. We do not ask a rigid reciprocity for this, because we know, by your present subsisting treaties, it is not in your power to give it to us. We desire only to be put upon the footing of other nations with you, and, yet, we consent that you shall be upon a better footing with us than any other nation.

Thus far, we must be allowed to be giving something more than reciprocity, and this we do, as I said before, because we are unwilling to ask what you are unable to give. Surely, it is not unreasonable, nor more than, from principles of reciprocity, we have a right to expect that you should imitate our conduct in this particular, and that you should abstain from asking things, under the title of exact and literal reciprocity, which, upon the consideration of our case, you must know that we cannot give. Virtual and substantial reciprocity we are willing to give; literal reciprocity is impossible, as much from your engagements, as from our system of navigation.