Part 17

We having seen and considered the Provisional Articles aforesaid, have approved, ratified, accepted, and confirmed the same in all and every one of their clauses, and provisos, as we do by these presents, approve, ratify, accept, and confirm them, for ourself, our heirs, and successors; engaging and promising upon our royal word, that we will sincerely and faithfully perform and observe, all and singular the things which are contained in the aforesaid Provisional Articles, and that we will never suffer them to be violated by any one, or transgressed in any manner, as far as it lies in our power. For the greater testimony and validity of all which, we have caused our great seal of Great Britain to be affixed to these presents, which we have signed with our royal hand.

Given at our Court at St James, the sixth day of August, one thousand seven hundred and eightythree, in the twentythird year of our reign.

GEORGE R.

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_An Act of the British Parliament, repealing certain Acts prohibiting Intercourse with the United States._

An Act to repeal so much of two Acts, made in the sixteenth and seventeenth years of the reign of his present Majesty, as prohibits trade and intercourse with the United States of America.

Whereas it is highly expedient, that the intercourse between Great Britain and the United States of America should be immediately opened; be it therefore enacted and declared by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in the present Parliament assembled, and by the authority of the same, that an Act passed in the sixteenth year of his Majesty's reign, entitled, "An Act to prohibit all trade and intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, during the continuance of the present rebellion within the said Colonies respectively, for repealing an Act made in the fourteenth year of the reign of his present Majesty, to discontinue the lading and discharging, lading or shipping, of goods, wares, and merchandise, at the town and within the harbor of Boston in the province of Massachusetts Bay; and also two Acts, made in the last session of Parliament, for restraining the trade and commerce of the Colonies in the said Acts respectively mentioned; and to enable any person or persons, appointed and authorised by his Majesty to grant pardons, to issue proclamations, in the cases and for the purposes therein mentioned;" and also an Act, passed in the seventeenth year of his Majesty's reign, entitled, "An Act for enabling the Commissioners for executing the office of Lord High Admiral of Great Britain, to grant commissions to the commanders of private ships, and vessels employed in trade, or retained in his Majesty's service, to take and make prize of all such ships and vessels, and their cargoes, as are therein mentioned, for a limited time;" so far as the said Acts, or either of them, may extend, or be construed to extend, to prohibit trade and intercourse with the territories now composing the said United States of America, or to authorise any hostilities against the persons or properties of the subjects and citizens of the said United States, after the respective periods set forth in his Majesty's proclamation for the cessation of hostilities between Great Britain and the United States of America, bearing date the fourteenth day of February, one thousand seven hundred and eightythree, shall be, and the same are henceforth repealed.

Anno vicesimo tertio Georgii III, Regis; cap. 26.

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DAVID HARTLEY TO THE COMMISSIONERS.

Paris, August, 29th, 1783.

Gentlemen,

As the day is now fixed for the signatures of the definitive treaties, between Great Britain, France, and Spain, I beg leave to inform your Excellencies, that I am ready to sign the definitive treaty, between Great Britain and the United States of America, whenever it shall be convenient to you. I beg the favor, therefore, of you to fix the day. My instructions confine me to Paris, as the place appointed to me for the exercise of my functions, and, therefore, whatever day you may fix upon for the signature, I shall hope to receive the honor of your company at the _Hôtel de York_.

I am, Gentlemen, with the greatest respect, yours, &c.

DAVID HARTLEY.

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TO DAVID HARTLEY.

Passy, August 30th, 1783.

The American Ministers Plenipotentiary for making peace with Great Britain, present their compliments to Mr Hartley. They regret that Mr Hartley's instructions will not permit him to sign the definitive treaty of peace with America at the place appointed for the signature of the others. They will, nevertheless, have the honor of waiting upon Mr Hartley at his lodgings at Paris, for the purpose of signing the treaty in question, on Wednesday morning at eight o'clock.

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DAVID HARTLEY TO THE COMMISSIONERS.

Paris, September 4th, 1783.

Gentlemen,

It is with the sincerest pleasure that I congratulate you on the happy event which took place yesterday, viz.; the signature of the definitive treaty between our two countries. I considered it as the auspicious presage of returning confidence, and of the future intercourse of all good offices between us. I doubt not that our two countries will entertain the same sentiments, and that they will behold with satisfaction the period which terminates the memory of their late unhappy dissensions, and which leads to the renewal of all the ancient ties of amity and peace. I can assure you, that his Britannic Majesty and his confidential servants entertain the strongest desire of a cordial good understanding with the United States of America. And that nothing may be wanting on our parts to perfect the great work of pacification, I shall propose to you in a very short time, to renew the discussion of those points of amity and intercourse which have been lately suspended, to make way for the signature of the treaties between all the late belligerent powers, which took place yesterday.

We have now the fairest prospects before us, and an unembarrassed field for the exercise of every beneficent disposition, and for the accomplishment of every object of reciprocal advantage between us. Let us, then, join our hearts and hands together in one common cause for the reunion of all our ancient affections and common interests.[16]

I am, Gentlemen, &c.

DAVID HARTLEY.

FOOTNOTE:

[16] As the definitive treaty was an exact copy of the Provisional Articles (see above, p. 109) it is here omitted.

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B. FRANKLIN TO CHARLES FOX.

Passy, September 5th, 1783.

Sir,

I received in its time the letter you did me the honor of writing to me by Mr Hartley; and I cannot let him depart without expressing my satisfaction in his conduct towards us, and applauding the prudence of that choice, which sent us a man possessed of such a spirit of conciliation, and of all that frankness, sincerity, and candor, which naturally produce confidence, and thereby facilitate the most difficult negotiations. Our countries are now happily at peace, on which I congratulate you most cordially; and I beg you to be assured, that as long as I have any concern in public affairs, I shall readily and heartily concur with you in promoting every measure that may tend to promote the common felicity.

With great and sincere esteem and respect, I have the honor to be, &c.

B. FRANKLIN.

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TO DAVID HARTLEY.

Passy, September 5th, 1783.

Sir,

We have received the letter you did us the honor to write yesterday.

Your friendly congratulations on the signature of the definitive treaty meet with cordial returns on our part; and we sincerely rejoice with you on that event, by which the Ruler of nations has been graciously pleased to give peace to our two countries.

We are no less ready to join our endeavors than our wishes with yours, to concert such measures for regulating the future intercourse between Great Britain and the United States, as, by being consistent with the honor and interests of both, may tend to increase and perpetuate mutual confidence and good will.

We ought, nevertheless, to apprize you, that as no construction of our commission could at any period extend it, unless by implication, to several of the proposed stipulations; and as our instructions respecting commercial provisions, however explicit, suppose their being incorporated in the definitive treaty, a recurrence to Congress previous to the signature of them will be necessary, unless obviated by the despatches we may sooner receive from them.

We shall immediately write to them on the subject, and we are persuaded that the same disposition to confidence and friendship, which has induced them already to give unrestrained course to British commerce and unconditionally to liberate all prisoners at a time when more caution would not have appeared singular, will also urge their attention to the objects in question, and lead them to every proper measure for promoting a liberal and satisfactory intercourse between the two countries.

We have communicated to Congress the repeated friendly assurances with which you have officially honored us on these subjects, and we are persuaded that the period of their being realized will have an auspicious and conciliating influence on all the parties in the late unhappy dissensions.

We have the honor to be, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

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TO DAVID HARTLEY.

Passy, September 7th, 1783.

Sir,

We have the honor of transmitting, herewith enclosed an extract of a resolution of Congress of the 1st of May last, which we have just received.

You will perceive from it, that we may daily expect a commission in due form, for the purposes mentioned in it; and we assure you of our readiness to enter upon the business whenever you may think proper.[17]

We have the honor to be, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

FOOTNOTE:

[17] _In Congress, May 1st, 1783._ On the report of a committee to whom was referred a letter of February 5th, from the honorable John Adams,

"Ordered, That a commission be prepared to Messrs John Adams, Benjamin Franklin and John Jay, authorising them, or either of them in the absence of the others, to enter into a treaty of commerce between the United States of America and Great Britain, subject to the revisal of the contracting parties, previous to its final conclusion, and in the meantime to enter into a commercial convention, to continue in force one year.

"That the Secretary of Foreign Affairs lay before Congress, without delay, a plan of a treaty of commerce, and instructions relative to the same, to be transmitted to the said commissioners."

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TO THE PRESIDENT OF CONGRESS.

Passy, September 10th, 1783.

Sir,

On the 3d instant definitive treaties of peace were concluded between all the late belligerent powers, except the Dutch, who the day before settled and signed preliminary articles of peace with Britain.

We most sincerely and cordially congratulate Congress and our country in general on this happy event; and we hope, that the same kind providence, which has led us through a rigorous war to an honorable peace, will enable us to make a wise and moderate use of that inestimable blessing.

We have communicated a duplicate original of the treaty to the care of Mr Thaxter, who will go immediately to L'Orient, whence he will sail in the French packet to New York. That gentleman left America with Mr Adams as his private Secretary, and his conduct having been perfectly satisfactory to that Minister, we join in recommending him to the attention of Congress. We have ordered Mr Grand to pay him one hundred and thirty louis d'ors, on account of the reasonable expenses to be incurred by his mission to Congress, and his journey from thence to his family at Hingham, in the Massachusetts Bay. For the disposition of the money he is to account. The definitive treaty being in the terms of the Provisional Articles, and not comprehending any of the objects of our subsequent negotiations, it is proper that we give a summary account of them.

When Mr Hartley arrived here, he brought with him only a set of instructions, signed by the King. We objected to proceeding with him until he should have a commission in form. This occasioned some delay. A proper commission was, however, transmitted to him, a copy of which was shortly after sent to Mr Livingston.

We having been instructed to obtain, if possible, an Article for a direct trade to the West Indies, made to Mr Hartley the proposition No. 1.[18]

He approved of it greatly, and recommended it to his Court, but they declined assenting to it.

Mr Hartley then made us the proposition No. 2;[19] but being asked, whether he was authorised to sign it, in case we agreed to it, he answered in the negative. We, therefore, thought it improper to proceed to the consideration of it, until after he should have obtained the consent of his Court to it. We also desired to be informed, whether his Court would, or would not, comprehend Ireland in their stipulations with us.

The British Cabinet would not adopt Mr Hartley's propositions, but their letters to him were calculated to inspire us with expectations, that as nothing but particular local circumstances, which would probably not be of long duration, restrained them from preferring the most liberal system of commerce with us, the Ministry would take the earliest opportunity of gratifying their own wishes, as well as ours, on that subject.

Mr Hartley then made us the propositions No. 3.[20] At this time, we were informed, that letters for us had arrived in France from Philadelphia; we expected to receive instructions in them, and told Mr Hartley, that this expectation induced us to postpone giving him an answer for a few days.

The vessel by which we expected these letters, it seems had not brought any for us. But at that time information arrived from America, that our ports were all opened to British vessels. Mr Hartley thereupon did not think himself at liberty to proceed, until after he should communicate that intelligence to his Court and receive their further instructions.

Those further instructions never came; and thus our endeavors as to commercial regulations proved fruitless. We had many conferences, and received long Memorials from Mr Hartley on the subject; but his zeal for systems friendly to us, constantly exceeded his authority to concert and agree to them.

During the long interval of his expecting instructions, for his expectations were permitted to exist almost to the last, we proceeded to make and receive propositions for perfecting the definitive treaty. Details of all the amendments, alterations, objections, expectations, &c. which occurred in the course of these discussions, would be voluminous. We finally agreed that he should send to his Court the project or draft of a treaty, No. 4.[21] He did so, but after much time, and when pressed by France, who insisted that we should all conclude together, he was instructed to sign a definitive treaty in the terms of the Provisional Articles.

Whether the British Court meant to avoid a definitive treaty with us, through a vain hope, from the exaggerated accounts of divisions among our people, and want of authority in Congress, that some revolution might soon happen in their favor; or whether their dilatory conduct was caused by the strife of the two opposite and nearly equal parties in the Cabinet, is hard to decide.

Your Excellency will observe, that the treaty was signed at Paris, and not at Versailles. Mr Hartley's letter of August 29th, and our answer, will explain this. His objections, and indeed our proceedings in general, were communicated to the French Minister, who was content that we should acquiesce, but desired that we would appoint the signing early in the morning, and give him an account of it at Versailles by express, for that he would not proceed to sign on the part of France, till he was sure that our business was done.

The day after the signature of the treaty, Mr Hartley wrote us a congratulatory letter, to which we replied.

He has gone to England, and expects soon to return, which for our parts we think uncertain. We have taken care to speak to him in strong terms, on the subject of the evacuation of New York, and the other important subjects proper to be mentioned to him. We think we may rely on his doing everything in his power to influence his Court to do what they ought to do; but it does not appear, that they have as yet formed any settled system for their conduct relative to the United States. We cannot but think, that the late and present aspect of affairs in America, has had and continues to have, an unfavorable influence, not only in Britain but throughout Europe.

In whatever light the Article respecting the tories may be viewed in America, it is considered in Europe as very humiliating to Britain, and therefore as being one, which we ought in honor to perform and fulfil with the most scrupulous regard to good faith, and in a manner least offensive to the feelings of the King and Court of Great Britain, who upon that point are extremely tender.

The unseasonable and unnecessary resolves of various towns on this subject, the actual expulsion of tories from some places, and the avowed implacability of almost all who have published their sentiments about the matter, are circumstances, which are construed, not only to the prejudice of our national magnanimity and good faith, but also to the prejudice of our governments.

Popular committees are considered here, as with us, in the light of substitutes to constitutional government, and as being only necessary in the interval between the removal of the former and the establishment of the present.

The constitutions of the different States have been translated and published, and pains have been taken to lead Europe to believe, that the American States, not only made their own laws, but obeyed them. But the continuance of popular assemblies, convened expressly to deliberate on matters proper only for the cognizance of the different legislatures and officers of government, and their proceeding not only to ordain, but to enforce their resolutions, has exceedingly lessened the dignity of the States in the eyes of these nations.

To this we may also add, that the situation of the army, the reluctance of the people to pay taxes, and the circumstances under which Congress removed from Philadelphia, have diminished the admiration, in which the people of America were held among the nations of Europe, and somewhat abated their ardor for forming connexions with us, before our affairs acquire a greater degree of order and consistence.

Permit us to observe, that in our opinion, the recommendation of Congress, promised in the fifth Article, should immediately be made in the terms of it, and published, and that the States should be requested to take it into consideration, as soon as the evacuation by the enemy shall be completed. It is also much to be wished, that the legislatures may not involve all the tories in banishment and ruin, but that such discrimination may be made, as to entitle the decisions to the approbation of disinterested men and dispassionate posterity.

On the 7th instant we received your Excellency's letter of the 16th of June last, covering a resolution of Congress of the 1st of May, directing a commission to us for making a treaty of commerce, &c. with Great Britain. This intelligence arrived very opportunely to prevent the anti-American party in England from ascribing any delays, on our part, to motives of resentment to that country. Great Britain will send a Minister to Congress, as soon as Congress shall send a Minister to Britain, and we think much good might result from that measure.

The information of M. Dumas, that we encouraged the idea of entering into engagements with the Dutch, to defend the freedom of trade, was not well founded. Our sentiments on that subject exactly correspond with those of Congress; nor did we even think or pretend, that we had authority to adopt any such measures.

We have reason to think that the Emperor, and Russia, and other commercial nations, are ready to make treaties of commerce with the United States. Perhaps it might not be improper for Congress to direct, that their disposition on the subject be communicated to those Courts, and thereby prepare the way for such treaties.

The Emperor of Morocco has manifested a very friendly disposition towards us. He expects, and is ready to receive a Minister from us; and as he may either change his mind, or may be succeeded by a prince differently disposed, a treaty with him may be of importance. Our trade to the Mediterranean will not be inconsiderable, and the friendship of Morocco, Algiers, Tunis, and Tripoli may become very interesting, in case the Russians should succeed in their endeavors to navigate freely into it by Constantinople.

Much, we think, will depend on the success of our negotiations with England. If she should be prevailed upon to agree to a liberal system of commerce, France, and perhaps some other nations, will follow her example; but if she should prefer an exclusive, monopolizing plan, it is probable that her neighbors will continue to adhere to their favorite restrictions.

Were it certain that the United States could be brought to act as a nation, and would jointly and fairly conduct their commerce on principles of exact reciprocity with all nations, we think it probable that Britain would make extensive concessions. But, on the contrary, while the prospect of disunion in our councils, or want of power and energy in our executive departments exist, they will not be apprehensive of retaliation, and consequently lose their principal motive to liberty. Unless, with respect to all foreign nations and transactions, we uniformly act as an entire united nation, faithfully executing and obeying the constitutional acts of Congress on those subjects, we shall soon find ourselves in the situation in which all Europe wishes to see us, viz. as unimportant consumers of her manufactures and productions, and as useful laborers to furnish her with raw materials.

We beg leave to assure Congress that we shall apply our best endeavors to execute this new commission to their satisfaction, and shall punctually obey such instructions as they may be pleased to give us relative to it. Unless Congress have nominated a Secretary to that commission, we shall consider ourselves at liberty to appoint one; and as we are satisfied with the conduct of Mr Franklin, the Secretary to our late commission, we propose to appoint him, leaving it to Congress to make such compensation for his services as they may judge proper.

Count de Vergennes communicated to us a proposition, viz. herewith enclosed,[22] for explaining the 2d and 3d Articles of our treaty with France in a manner different from the sense in which we understand them. This being a matter in which we have no right to interfere, we have not expressed any opinion about it to the Court.

With great respect, we have the honor to be, Sir, your Excellency's most obedient and most humble servants,

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

FOOTNOTES: