The Diplomatic Correspondence of the American Revolution Volume X Part 22

Pa.s.sy, 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 a.s.surances 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.

TO DAVID HARTLEY.

Pa.s.sy, 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 a.s.sure 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."

TO THE PRESIDENT OF CONGRESS.

Pa.s.sy, 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 Ma.s.sachusetts 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 a.s.senting 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 circ.u.mstances, 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 circ.u.mstances, 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 subst.i.tutes to const.i.tutional government, and as being only necessary in the interval between the removal of the former and the establishment of the present.

The const.i.tutions 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 a.s.semblies, 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 circ.u.mstances 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 ent.i.tle the decisions to the approbation of disinterested men and dispa.s.sionate 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.