The Diplomatic Correspondence of the American Revolution Volume X Part 12

We have the honor to congratulate you on the signature of the preliminary treaty of peace, between his Britannic Majesty and the United States of America, to be inserted in the definitive treaty when France and Britain shall have agreed upon their terms. The articles, of which we do ourselves the honor to enclose you a copy, were completed on the 30th of last month.

To us, at this distance, the present opportunity appears to be the most favorable for you to communicate your mission to the Ministers of the Empress of Russia, and to the Ministers of the other neutral powers residing at her Court, and if you have no objections, we presume you will wish to be furnished with the enclosed paper, to communicate at the same time.

We heartily wish you success, and if you should inform us of a fair prospect of it, we shall propose an article in the definitive treaty, to secure the freedom of navigation, according to the principles of the late marine treaty between the neutral powers.

With great respect, we have the honor to be, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

TO ROBERT R. LIVINGSTON.

Paris, December 14th, 1782.

Sir,

We have the honor to congratulate Congress on the signature of the preliminaries of a peace between the Crown of Great Britain and the United States of America, to be inserted in a definitive treaty so soon as the terms between the Crowns of France and Great Britain shall be agreed on. A copy of the Articles is here enclosed, and we cannot but flatter ourselves, that they will appear to Congress, as they do to all of us, to be consistent with the honor and interest of the United States, and we are persuaded Congress would be more fully of that opinion if they were apprized of all the circ.u.mstances and reasons which have influenced the negotiation. Although it is impossible for us to go into that detail, we think it necessary nevertheless to make a few remarks on such of the Articles, as appear most to require elucidation.

_Remarks on Article 2d, relative to Boundaries._

The Court of Great Britain insisted on retaining all the territories comprehended within the Province of Quebec, by the Act of Parliament respecting it. They contended that Nova Scotia should extend to the river Kennebec; and they claimed not only all the lands in the western country and on the Mississippi, which were not expressly included in our charters and governments, but also all such lands within them as remained ungranted by the King of Great Britain. It would be endless to enumerate all the discussions and arguments on the subject.

We knew this Court and Spain to be against our claims to the western country, and having no reason to think that lines more favorable could ever have been obtained, we finally agreed to those described in this Article; indeed they appear to leave us little to complain of, and not much to desire. Congress will observe, that although our northern line is in a certain part below the lat.i.tude of fortyfive, yet in others it extends above it, divides the Lake Superior, and gives us access to its western and southern waters, from which a line in that lat.i.tude would have excluded us.

_Remarks on Article 4th, respecting Creditors._

We had been informed that some of the States had confiscated British debts, but although each State has a right to bind its own citizens, yet in our opinion, it appertains solely to Congress, in whom exclusively are vested the rights of making war and peace, to pa.s.s acts against the subjects of a power with which the Confederacy may be at war. It therefore only remained for us to consider, whether this Article is founded in justice and good policy.

In our opinion no acts of government could dissolve the obligations of good faith, resulting from lawful contracts between individuals of the two countries prior to the war. We knew that some of the British creditors were making common cause with the refugees, and other adversaries of our independence; besides, sacrificing private justice to reasons of State and political convenience, is always an odious measure; and the purity of our reputation in this respect, in all foreign commercial countries, is of infinitely more importance to us than all the sums in question. It may also be remarked, that American and British creditors are placed on an equal footing.

_Remarks on Articles 5th and 6th, respecting Refugees._

These Articles were among the first discussed, and the last agreed to.

And had not the conclusion of this business, at the time of its date, been particularly important to the British administration, the respect, which both in London and Versailles, is supposed to be due to the honor, dignity and interest of royalty, would probably have forever prevented our bringing this Article so near to the views of Congress and the sovereign rights of the States as it now stands. When it is considered, that it was utterly impossible to render this Article perfectly consistent, both with American and British ideas of honor, we presume that the middle line adopted by this Article, is as little unfavorable to the former as any that could in reason be expected.

As to the Separate Article, we beg leave to observe, that it was our policy to render the navigation of the river Mississippi so important to Britain, as that their views might correspond with ours on that subject. Their possessing the country on the river, north of the line from the Lake of the Woods, affords a foundation for their claiming such navigation. And as the importance of West Florida to Britain was for the same reason rather to be strengthened than otherwise, we thought it advisable to allow them the extent contained in the Separate Article, especially as before the war it had been annexed by Britain to West Florida, and would operate as an additional inducement to their joining with us in agreeing, that the navigation of the river should forever remain open to both. The map used in the course of our negotiations was Mitch.e.l.l's.

As we had reason to imagine that the Articles respecting the boundaries, the refugees, and fisheries, did not correspond with the policy of this Court, we did not communicate the preliminaries to the Minister until after they were signed; and not even then the _Separate Article_. We hope that these considerations will excuse our having so far deviated from the spirit of our instructions. The Count de Vergennes, on perusing the Articles, appeared surprised, but not displeased, at their being so favorable to us.

We beg leave to add our advice, that copies be sent us of the accounts directed to be taken by the different States, of the unnecessary devastations and sufferings sustained by them from the enemy in the course of the war. Should they arrive before the signature of the definitive treaty they might possibly answer very good purposes.

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

JOHN ADAMS, B. FRANKLIN, JOHN JAY, HENRY LAURENS.

RESOLUTION OF CONGRESS RESPECTING COMMERCIAL STIPULATIONS.

In Congress, December 31st, 1782.

On the report of the committee to whom was referred a letter of the 14th of October last, from the Minister Plenipotentiary at the Court of Versailles,

Resolved, That the Ministers Plenipotentiary for negotiating peace, be instructed, in any commercial stipulations with Great Britain, which may be comprehended in a treaty of peace, to endeavor to obtain for the citizens and inhabitants of the United States, a direct commerce to all parts of the British dominions and possessions, in like manner as all parts of the United States may be opened to a direct commerce of British subjects; or, at least, that such direct commerce be extended to all parts of the British dominions and possessions in Europe and the West Indies. And the said Ministers are informed that stipulations are particularly expected by Congress, in case the citizens and subjects of each party are to be admitted to an equality in matters of commerce with the natives of the other party.

ENGLISH COMMISSIONERS DECLARATION OF THE CESSATION OF HOSTILITIES.

Paris, January 20th, 1783.

DECLARATION.

Whereas the Preliminary Articles agreed to, and signed this day, between his Majesty, the King of Great Britain, and his Most Christian Majesty, on the one part, and also between his said Britannic Majesty and his Catholic Majesty, on the other part, stipulate a cessation of hostilities between those three powers, which is to commence upon the exchange of the ratifications of the said Preliminary Articles; and whereas by the provisional treaty signed on the thirtieth of November last, between his Britannic Majesty and the United States of North America, it was stipulated, that the said treaty should have its effect as soon as peace between the said Crowns should be established; the underwritten Minister Plenipotentiary of his Britannic Majesty declares, in the name and by the express order of the King, his master, that the said United States of North America, their subjects and their possessions, shall be comprised in the suspension of arms above mentioned, and that they shall, consequently, enjoy the benefit of the cessation of hostilities, at the same periods and in the same manner as the three Crowns aforesaid, and their subjects and possessions, respectively; on condition, however, that on the part, and in the name, of the said United States of North America, there shall be delivered a similar declaration, expressing their a.s.sent to the present suspension of arms, and containing an a.s.surance of the most perfect reciprocity on their part.

In faith whereof, we, the Minister Plenipotentiary of his Britannic Majesty, have signed this present declaration, and have thereto caused the seal of our arms to be affixed, at Versailles, this twentieth day of January, one thousand seven hundred and eightythree.

ALLEYNE FITZHERBERT.

_Signature of the above Declaration by the American Commissioners._

We, the underwritten, Ministers Plenipotentiary of the United States of North America, having received from Mr Fitzherbert, Minister Plenipotentiary of his Britannic Majesty, a declaration relative to a suspension of arms to be established between his said Majesty and the said States, of which the following is a copy, viz; [See the preceding Declaration.]

We have, in the name of the said United States of North America, and in virtue of the powers we are vested with, received the above declaration, and do accept the same by these presents, and we do reciprocally declare, that said States cause to cease all hostilities against his Britannic Majesty, his subjects and possessions, at the terms or periods agreed to between his said Majesty the King of Great Britain, his Majesty the King of France, and his Majesty the King of Spain, in the same manner as stipulated between those three Crowns, and to have the same effect.

In faith whereof, we, Ministers Plenipotentiary from the United States of America, have signed the present declaration, and have hereunto affixed the seals of our arms, at Versailles, the twentieth of January, one thousand seven hundred and eightythree.

JOHN ADAMS, B. FRANKLIN.

BRITISH KING'S PROCLAMATION DECLARING A CESSATION OF ARMS.

By the King.

A proclamation, declaring the cessation of arms, as well by sea as land, agreed upon between his Majesty, the Most Christian King, the King of Spain, the States-General of the United Provinces, and the United States of America, and enjoining the observance thereof

George R.

Whereas Provisional Articles were signed at Paris, on the thirtieth day of November last, between our Commissioner for treating of peace with the Commissioners of the United States of America, and the Commissioners of the said States, to be inserted in, and to const.i.tute the treaty of peace proposed to be concluded between us and the said United States, when terms of peace should be agreed upon between us and his Most Christian Majesty; and whereas preliminaries for restoring peace between us and his Most Christian Majesty were signed at Versailles on the twentieth day of January last, by the Ministers of us and the Most Christian King; and whereas preliminaries for restoring peace between us and the King of Spain were also signed at Versailles on the twentieth day of January last, between the Ministers of us and the King of Spain; and whereas for putting an end to the calamity of war, as soon and as far as it may be possible, it has been agreed between us, his Most Christian Majesty, the King of Spain, the States-General of the United Provinces, and the United States of America, as follows, that is to say;

That such vessels and effects as should be taken in the Channel and in the North Seas, after the s.p.a.ce of twelve days, to be computed from the ratification of the said Preliminary Articles, should be restored on all sides; that the term should be one month from the Channel and the North Seas, as far as the Canary Islands inclusively, whether in the ocean or in the Mediterranean; two months from the said Canary Islands, as far as the equinoctial line or equator; and, lastly, five months in all other parts of the world, without any exception, or any other more particular description of time or place;