The Diplomatic Correspondence of the American Revolution, Vol. 11
Chapter 24
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SIR GUY CARLETON TO ROBERT R. LIVINGSTON.
New York, March 26th, 1783.
Sir,
I have received your letter of the 24th instant, enclosing a resolution of Congress of the same date, taken in consequence of the arrival of the cutter, Triomphe, commanded by Lieutenant du Quesne, with, orders of the 10th of February last, given at Cadiz by Vice Admiral d'Estaing, for him to put to sea and cruize on such stations as he shall judge most likely to meet with ships of his nation, and inform them of the happy reconciliation of the belligerent powers, and to order all their ships of war to cease hostilities against those of Great Britain; the Preliminary Articles of a general peace being signed the 20th of January. You thereupon are pleased to express your expectation that I would think this information thus conveyed, "sufficiently authentic to justify my taking immediate measures to stop the further effusion of blood."
For my own part, I have hitherto abstained from all hostilities, and this conduct I meant to continue so far as our own security would permit; but how great soever my desire is to put an entire stop to the calamities of war, and whatever respect this information may deserve, yet I do not find myself thereby justified in recommending measures that might give facility to the fleets and armies menacing any part of the King's possessions, to carry their hostilities into execution.
To adopt a measure of this importance, it is necessary I should receive orders from home, which I may reasonably expect every hour, as a cruiser sent out on other purposes is already arrived at Philadelphia; and I assure you, Sir, I only wait the official certainty of this great event, to assume the language, and the spirit too, of the most perfect conciliation and peace.
I perceive, Sir, by the resolution enclosed in your letter, that Congress have thought fit to consider this information as authentic, and, thereupon, have taken one considerable step towards carrying the terms of peace into immediate execution.
Another, not less important, I presume, has been taken, or is taking. With the cessation of hostilities, I perceive, is connected in the seventh Article of the provisional treaty an engagement, that "all prisoners on both sides shall be set at liberty;" of this event, therefore, I hope likewise speedily to receive the very necessary and welcome notice, as I shall find the highest satisfaction in seeing released on all sides, men upon whom the evils and calamities of war have more peculiarly fallen.
I am, Sir, &c.
GUY CARLETON.
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ADMIRAL DIGBY TO ROBERT R. LIVINGSTON.
New York, March 27th, 1783.
Sir,
I have received your letter, enclosing me the resolve of Congress, with a copy of a letter to his Excellency, Sir Guy Carleton, but, as I have as yet received no official accounts from England, I must wait till you, on your side, relieve our prisoners, before I give that general relief to you, I so much wish. There can be no reason for detaining our prisoners one moment, as Congress must suppose the peace signed. I shall take every precaution in my power consistent with my duty, to stop any further mischief upon the seas, but should recommend the preventing any vessels sailing, as I have not yet received sufficient authority to enable me to withdraw my cruisers.
I am, Sir, &c.
ROBERT DIGBY.
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TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, March 28th, 1783.
Sir,
There remains in my hands the sum of thirtyeight thousand three hundred and thirtytwo livres, equal on exchange at par to about seven thousand three hundred and ten dollars, arising from the excess on the payment of the salaries of the Ministers of the United States in Europe, occasioned by the course of exchange during the last year, which Congress have been pleased to direct that I should pass to the account of the United States. In this I have not calculated six hundred and eightyeight livres excess upon M. Dumas's account, being too inconsiderable to make a deduction worth attention.
Desirous of settling all my accounts on the 1st of April, previous to my leaving the department, I pray Congress to pass some order relative to the disposition of the money, so that I may discharge myself of it. As Congress may be led to suppose, from a passage in Mr Laurens's letter, that I have charged a commission on this transaction, I take the liberty to inform them, that though this is an extra service attended with some trouble and risk, I once had it in view, if our Ministers compelled me to be their agent, to charge a commission while the exchange was in their favor, yet not having then done it, I cannot think it would be reasonable to deduct a commission from the reduced sum that is now paid them.
I have honor to be, &c.
ROBERT R. LIVINGSTON.
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TO THOMAS JEFFERSON.
Philadelphia, April 4th, 1783.
Sir,
I have the honor to inform you, by the direction of Congress, in answer to your letter of the 13th of March, "that they consider the object of your appointment as so far advanced, as to render it unnecessary for you to pursue your voyage; and that Congress are well satisfied with the readiness you have shown in undertaking a service, which from the present situation of affairs, they apprehend can be dispensed with."
I have caused your account to be settled to the 1st of April, and hope to be able to send you the warrant for the amount tomorrow. If you please, I will apply for such further sum as you may think proper to charge for the time that may be necessary to carry you home, as I think that within the spirit of the resolution of Congress.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
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WILLIAM PACA TO ROBERT R. LIVINGSTON.
In Council, Annapolis, April 4th, 1783.
Sir,
We have been honored with your favor of the 18th ultimo.
The requisitions made in your former letters have been regularly laid before the Legislature of this State, (Maryland) and we are very sorry to find that the early attention which their importance merited has not been paid to them.
The Assembly at their last session, passed an act directing persons to be appointed in each county to ascertain upon oath the damages done by the enemy within their respective counties, and to report the same to this Board. As soon as we are furnished with their returns, you may rest assured, Sir, that no time shall be lost in transmitting to you, properly authenticated, the information you have been solicitous to obtain.
With great regard and respect, &c.
WILLIAM PACA.
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SIR GUY CARLETON TO ROBERT R. LIVINGSTON.
New York, April 6th, 1783.
Sir,
A packet from England arrived at this port last night, by which I have despatches from Mr Townshend, one of his Majesty's principal Secretaries of State, communicating official intelligence, that Preliminary Articles of Peace with France and Spain were signed at Paris, on the 20th of January last, and that the ratifications have been since exchanged at the same place.
The King, Sir, has been pleased, in consequence of these events, to order a Proclamation to be published, declaring a cessation of arms,[28] as well by sea as land, and his Majesty's pleasure signified, that I should cause the same to be published in all places under my command, in order, that His Majesty's subjects may pay immediate and due obedience thereto, and such Proclamation I shall accordingly cause to be made on Tuesday next, the 8th instant.
In consequence thereof, and in conformity to the Articles of peace, all our prisoners of war are to be set at liberty and restored, with all convenient despatch; entertaining no doubt, but that similar measures will be taken on the part of the United States of America. In like manner no doubt can be entertained, but that Congress, in conformity to the fifth Article of the provisional treaty, will lose no time in earnestly recommending to the Legislatures of the respective States, to provide for the restitution of confiscated estates, and to reconsider and revise all laws of confiscation, that they may be rendered perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which on the return of the blessings of peace should universally prevail.
And I am further to inform you, Sir, that an instrument of accession to the suspension of hostilities, by the States General of the United Provinces, having been received in England, a cessation of arms with those States has been thereupon included in the Proclamation.
Upon this great occasion, Sir, I am to offer my strongest assurances, that during the short period of my command here, I shall be ready and earnest to cultivate that spirit of perfect good will, which between the United States of America, and the King of Great Britain, and the subjects and the citizens of both countries, will I trust always remain.
I am, with much consideration, Sir, &c.
GUY CARLETON.
FOOTNOTES:
[28] See this Proclamation in the _Correspondence of the Commissioners for Peace_, Vol. X. p. 124.
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ADMIRAL DIGBY TO ROBERT R. LIVINGSTON.
Lion, off New York, April 6th, 1783.
Sir,
I have this moment received the enclosed Proclamation from his Majesty's Secretary of State, and shall immediately despatch one of the sloops of war to withdraw all my cruisers upon the coast, and shall also release all the prisoners as quickly as I can dispose of them in the most convenient way to themselves.
I am, Sir, &c.
ROBERT DIGBY.
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TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, April 10th, 1783.
Sir,
I have the honor of laying before Congress two letters, received yesterday by express from New York, the one from General Carleton and the other from Rear Admiral Digby. Both covered copies of his Britannic Majesty's Proclamation for a cessation of hostilities. I presume Congress will consider this advice as sufficiently authentic to justify the discharge of their prisoners, who are now a useless expense, though not so much so as to render it proper to proceed to the measures directed by the fifth Article of the provisional treaty, till that treaty is officially communicated and ratifications exchanged.
I am at a loss to determine when hostilities are of right to cease between the United States and Great Britain. If, as the Proclamation asserts, the times therein mentioned were agreed between the Ministers of the several powers at war, to take effect upon their respective ratifications, then hostilities have not yet ceased between us and Great Britain, except so far as the King of Great Britain has thought proper to shorten the term by his special act. If no such ratification was necessary on our part, then hostilities ceased immediately after ratifications were exchanged between France and England. If the same term has been fixed for the cessation of hostilities between Great Britain and the United States, as that agreed upon between France and Great Britain, then it becomes a question, what is meant by "_as far as the Western Islands_?" If it refers to the latitude, then all prizes made after the 3d of March, on the greater part of our coast, must be restored. As much property may depend upon the decision of these questions, I presume Congress will do no act, which shall lead to a determination of it, till we receive further advices from our own Ministers.
I shall be pardoned when I take the liberty to request, that the enclosed letters may not find their way into the papers, unless Congress shall determine, that this publication may answer some useful purposes.
I have the honor to be, Sir, &c.
ROBERT R. LIVINGSTON.
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TO THE PRESIDENT OF CONGRESS.
Philadelphia, April 10th, 1783.
Sir,
I do myself the honor to enclose the draft of a Proclamation for the suspension of hostilities between the United States and Great Britain, and the resolution for the discharge of prisoners, together with one for referring a part of Mr Adams's letters, which is all that it is necessary to report upon the letters referred to me.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
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TO GENERAL GREENE.
Philadelphia, April 12th, 1783.
Dear Sir,
I am now to congratulate you on the return of peace, and a cessation from your labor. I some time since sent you the Provisional Treaty between Great Britain and the United States. On Wednesday last, Sir Guy Carleton sent me the enclosed Proclamation of his Britannic Majesty, and informed me, that he had directed a similar Proclamation to issue at New York, and proposed to discharge all our prisoners. I had a letter from Admiral Digby to the same effect; the next day I received advices of the agreement of the cessation of hostilities, from our Ministers. Congress, in consequence of these advices, yesterday issued the enclosed Proclamation.
I reported to them on the propriety of releasing their prisoners. The report is to be considered today, and I doubt not that it will be agreed to. The British Parliament appear to be extremely dissatisfied at the terms of peace; a majority, headed by Lord North, has been obtained against the Administration, so that I think Lord Shelburne has little prospect of continuing in the Administration; but this is of no consequence to us, unless we are bound to like an Administration that has served us against their will. As doubts may arise with respect to the restitution of prizes taken after the epoch fixed by the Proclamation, it may not be improper for me to mention to you, that we conceive, that hostilities ceased in those parts of the Atlantic Ocean, which lay in the same _latitude_ with the Canaries, on the 3d of March.
I am, Sir, &c.
ROBERT R. LIVINGSTON.
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TO SIR GUY CARLETON.
Philadelphia, April 12th, 1783.
Sir,
I received your letter of the 6th instant, informing me of the arrival of a Packet, by which you have official intelligence, that the Preliminary Articles of Peace with France and Spain were signed at Paris on the 20th of January last; that the ratifications have been since exchanged, and that his Britannic Majesty has ordered a cessation of arms to be proclaimed, as well by sea as by land; and that you propose, agreeably to his orders, to issue a similar Proclamation, and to set at liberty your prisoners of war.
This interesting intelligence was communicated to the United States in Congress, who, though they had yet received no official accounts, would immediately have made it the basis of pacific measures, without entertaining doubts of its authenticity, or yielding to suspicions which would tend to prolong the calamities of war; but while these measures were under consideration, they received from their Ministers official advices of the agreement between them and the Court of Great Britain relative to a cessation of hostilities, on which they have founded the enclosed Proclamation.[29] They have likewise under consideration measures for the discharge of their prisoners; these measures will be carried into effect as soon as possible after they are determined on.
It cannot be doubted, Sir, as you justly observe, that Congress will embrace the earliest opportunity to perform the stipulations contained in the fifth, as well as every other of the Provisional Articles, immediately after the same shall have been ratified. In the meanwhile, it must be obvious to your Excellency that a recommendation to restore to the loyalists the estates they have forfeited, will come with less weight before Legislatures composed of men, whose property is still withheld from them by the continuance of his Britannic Majesty's fleets and armies in this country, than it will do when peace and the full enjoyment of their rights shall have worn down those asperities, which have grown out of eight years' war. This reflection will, I doubt not, induce you to give every facility in your power to the execution of the seventh Article of the Provisional Treaty, and to fix as early a day for the evacuation of New York, and its dependencies, as may consist with your orders.
I give the fullest credit, Sir, to your assurances, that you are ready to cultivate the spirit of harmony and good will between the subjects and citizens of his Britannic Majesty and these States, since I find them warranted by the humanity which has uniformly distinguished your command in America. But, Sir, time only, with liberality in those that govern in both countries, can entirely efface the remembrance of what has passed, and produce that perfect good will, which I sincerely concur with you in wishing to cultivate.
I am, Sir, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[29] See this Proclamation in the _Correspondence of the Commissioners for Peace_, Vol. X. p. 133.
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TO REAR ADMIRAL DIGBY.
Philadelphia, April 12th, 1783.
Sir,
I received your letter, enclosing a Proclamation for the suspension of hostilities, and informing me of your design to recall your cruisers and release your prisoners. In return, Sir, I have the pleasure to enclose a Proclamation by the United States of America for a suspension of hostilities. Congress have the measures necessary for the return of their prisoners under consideration; I shall acquaint you with those they adopt.
The resolution transmitted in my last, has already informed you, that the humanity of Congress induced them, on the first intimation of the cessation of hostilities, to recall their cruisers. It is to be hoped, Sir, that no difficulties will arise on either side as to the restitution of such vessels as may have been taken after the epoch mentioned in the Proclamations of his Britannic Majesty and the United States. For though this may be of no great moment when considered in a national light, yet it becomes important, from the number of captures made on this coast within the latitude of the Canaries, since the 3d of March last, as well as from the presages, which the first steps may furnish, of the respect that will in future be paid to the stipulations in the treaty.
The gentleman, who delivered me your letter, will inform you, that it came open to my hands from a mistake in the direction. I am so fully persuaded, Sir, that I do not deceive myself, when I impute this rather to mistake, than to the principle followed, in some instances, in an early period of the late war, that I should not have noticed it now but to prevent, in future, the inconveniences, with which it has been in this instance attended.
I am, &c.
ROBERT R. LIVINGSTON.
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TO GEORGE WASHINGTON.
Philadelphia, April 12th, 1783.
Dear Sir,
I congratulate your Excellency most sincerely upon the cessation of hostilities, which you will learn from the enclosed Proclamation. You will doubtless have heard directly from General Carleton on the subject, so that it will not be necessary to trouble you with the substance of his letter to me.
Congress will this day, upon my report, take into consideration the propriety of discharging the prisoners, and the manner in which it is to be done. Sir Guy Carleton presses hard in his letter for the execution of the fifth of the Preliminary Articles. I have replied, that it cannot be executed till the treaty is ratified; and in the mean time endeavored to convince him, that the recommendation of Congress will be received with much more respect, when the persons, who compose our Legislatures, have returned to their respective homes, and the asperities occasioned by the war shall be a little worn down by the enjoyment of peace. It is a very capital omission in our treaty, that no time has been fixed for the evacuation of New York.
It were to be wished, that General Carleton's intentions on this head could be sounded by your Excellency.
I have the honor to be, Dear Sir, &c.
ROBERT R. LIVINGSTON.
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CIRCULAR TO THE GOVERNORS OF THE STATES.
Philadelphia, April 12th, 1783.
Sir,
Permit me to offer you my congratulations on the important event announced by the United States, in Congress, in the enclosed Proclamation for the cessation of hostilities; an event, which is not only pleasing, as it relieves us from the accumulated distresses of war in the bowels of our country, but as it affords the fairest and most flattering prospects of its future greatness and prosperity. I need not, I am persuaded, Sir, use any arguments to urge your Excellency and the State over which you preside, to the most scrupulous attention to the execution of every stipulation in our treaty, which may depend on you or them. A national character is now to be acquired. I venture to hope, that it will be worthy of the struggles by which we became a nation.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
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SIR GUY CARLETON TO ROBERT R. LIVINGSTON.
New York, April 14th, 1783.
Sir,
As I observe in the seventh article of the Provisional Treaty it is agreed, after stipulating that "all prisoners on both sides shall be set at liberty," that "his Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the United States, and from every port, place, and harbor within the same, &c.;" and as embarkations of persons and property are on the point of being made, I am to request that Congress would be pleased to empower any person or persons, on behalf of the United States, to be present at New York, and to assist such persons as shall be appointed by me to inspect and superintend all embarkations, which the evacuation of this place may require; and they will be pleased to represent to me every infraction of the letter or spirit of the treaty, that redress may be immediately ordered.
I am, Sir, &c.
GUY CARLETON.
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TO THE PRESIDENT OF CONGRESS.
Philadelphia, April 21st, 1783.
Sir,
I have the honor to enclose a letter, just received from Mr Dana. I am much surprised to find that such considerable sums as he mentions are necessary on the signature of a treaty with Russia, since I cannot learn that money is demanded of right on similar occasions by any civilized nation in Europe; though it is usual among them to present gratifications to the Ministers on both sides, which being for the most part of equal value, the account is balanced. As I do not conceive, that we are under the least necessity of buying a treaty with Russia, I think it would be well for Mr Dana, (if he should not have been misinformed) to declare to the Court of St Petersburg, that the Ministers of the United States are restrained from receiving presents, that to make them in such circumstance, would be either to arrogate a superiority to which they were not entitled, or to acknowledge that they were so far the inferior of those with whom they treated, as to be compelled to purchase a connexion, which should be founded in equality and mutual advantage. That he therefore found himself compelled in the one case, by respect for the Empress, in the other by a regard to the United States, rather to break off the treaty, than to take a step which might be supposed to derogate from either. After all, I apprehend, that Mr Dana has not received his information on this subject through the best channel, and that he must have mistaken a particular case for a general custom.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
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GEORGE WASHINGTON TO ROBERT R. LIVINGSTON.
Head Quarters, April 22d, 1783.
Sir,
I have been honored with your two favors, dated the 12th and 15th instant.