The Diplomatic Correspondence of the American Revolution Volume X Part 23

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 friends.h.i.+p 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 princ.i.p.al 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 const.i.tutional 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 a.s.sure 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:

[18] See Mr Adams's proposed agreement, above, p. 151.

[19] See Mr Hartley's proposed agreement, p. 154.

[20] Above, p. 182.

[21] See above, p. 195.

[22] See above, p. 146.

FROM CONGRESS TO THE COMMISSIONERS.

October 29th, 1783.

By the United States in Congress a.s.sembled.

To the Commissioners of the United States of America at the Court of Versailles, empowered to negotiate a peace, or to any one or more of them;

1st. You are instructed and authorised to announce to his Imperial Majesty the Emperor of Germany, or to his Ministers, the high sense which the United States in Congress a.s.sembled entertain of his exalted character and eminent virtues, and their earnest desire to cultivate his friends.h.i.+p, and to enter into a treaty of amity and commerce for the mutual advantage of the subjects of his Imperial Majesty, and the citizens of these United States.

2dly. You are instructed to meet the advances and encourage the disposition of the other commercial powers in Europe for entering into treaties of amity and commerce with these United States. In negotiations on this subject, you will lay it down as a principle in no case to be deviated from, that they shall respectively have for their basis the mutual advantage of the contracting parties on terms of the most perfect equality and reciprocity, and not to be repugnant to any of the treaties already entered into by the United States with France and other foreign powers. That such treaties shall, in the first instance, be proposed for a term not exceeding fifteen years, and shall not be finally conclusive until they shall respectively have been transmitted to the United States in Congress a.s.sembled, for their examination and final direction; and that, with the drafts or propositions for such treaties, shall be transmitted all the information which shall come within the knowledge of the said Ministers respecting the same; and their observations after the most mature inquiry on the probable advantages or disadvantages and effects of such treaties respectively.

3dly. You are instructed to continue to press upon the Ministers of his Danish Majesty the justice of causing satisfaction to be made for the value of the s.h.i.+ps and goods captured by the Alliance frigate and sent into Bergen, and how essentially it concerns the honor of the United States that their gallant citizens should not be deprived of any part of those prizes, which they had so justly acquired by their valor. That as far as Congress have been informed, the estimate of those prizes at fifty thousand pounds sterling is not immoderate; that no more however is desired than their true value, after every deduction which shall be thought equitable. That Congress have a sincere disposition to cultivate the friends.h.i.+p of his Danish Majesty, and to promote a commercial intercourse between his subjects and the citizens of the United States, on terms which shall promise mutual advantage to both nations. That it is therefore the wish of Congress, that this claim should still be referred to the equitable disposition of his Danish Majesty, in full confidence that the reasonable expectations of the parties interested will be fully answered; accordingly you are fully authorised and directed, after exerting your best endeavors to enforce the said claim to the extent it shall appear to you to be well founded, to make abatements if necessary, and ultimately to accept such compensation as his Danish Majesty can be prevailed upon to grant.

4thly. You are further instructed, to inquire and report to Congress the reasons why the expedition of the Alliance and Bon Homme Richard, and the squadron which accompanied them, was carried on at the expense and on account of the Court of France; whether any part of the profit arising therefrom accrued to the United States; or any of the expense thereof has been placed to their account; whether the proceeds of any of the prizes taken in that expedition, and which is due to the American officers and seamen employed therein, is deposited in Europe; and what amount, where, and in whose hands.

5thly. The acquisition of support to the independence of the United States having been the primary object of the instructions to our Ministers respecting the convention of the neutral maritime powers for maintaining the freedom of commerce, you will observe, that the necessity of such support is superseded by the treaties lately entered into for restoring peace. And although Congress approve of the principles of that convention, as it was founded on the liberal basis of the maintenance of the rights of neutral nations, and of the privileges of commerce, yet they are unwilling at this juncture, to become a party to a confederacy which may hereafter too far complicate the interests of the United States with the politics of Europe; and, therefore, if such a progress is not already made in this business as may render it dishonorable to recede, it is the desire of Congress and their instruction to each of the Ministers of the United States at the respective Courts in Europe, that no further measures be taken at present towards the admission of the United States into that confederacy.

6thly. The Ministers of these States for negotiating a peace with Great Britain are hereby instructed, authorised and directed, to urge forward the definitive treaty to a speedy conclusion; and unless there shall be an immediate prospect of obtaining articles or explanations beneficial to the United States, in addition to the Provisional Articles, that they shall agree to adopt the Provisional Articles as the substance of a definitive treaty of peace.

7thly. The Minister or Ministers of these United States for negotiating a peace are hereby instructed to negotiate an explanation of the following paragraph of the declaration acceded to by them on the 20th of January, 1783, relative to captures, viz. "that the term should be one month from the Channel and North Sea as far as the Canary Islands, inclusively, whether in the ocean or the Mediterranean."

8thly. Mr Jay is hereby authorised to direct Mr Carmichael to repair to Paris, should Mr Jay be of opinion that the interest of the United States at the Court of Madrid may not be injured by Mr Carmichael's absence; and that Mr Carmichael carry with him the books and vouchers necessary to make a final and complete settlement of the accounts of public moneys which have pa.s.sed through the hands of Mr Jay and himself; and that Mr Barclay attend Mr Jay and Mr Carmichael to adjust those accounts.

9thly. Mr Jay has leave to go to Bath, should he find it necessary for the benefit of his health.

RATIFICATION OF THE DEFINITIVE TREATY BY CONGRESS.

Know ye, that we, the United States in Congress a.s.sembled, having seen and considered the Definitive Articles aforesaid, (meaning the treaty signed by the Commissioners in Paris, on the 30th of November, 1782,) have approved, ratified, and confirmed, and by these presents do approve, ratify, and confirm the said Articles, and every part and clause thereof, engaging and promising, that we will sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as lies in our power.

In testimony whereof, we have caused the seal of the United States to be hereunto affixed. Witness, his Excellency THOMAS MIFFLIN, President, this fourteenth day of January, in the year of our Lord, one thousand seven hundred and eighty four, and in the eighth year of the sovereignty and independence of the United States of America.

PROCLAMATION OF CONGRESS RESPECTING THE DEFINITIVE TREATY.

By the United States in Congress a.s.sembled,

A PROCLAMATION.

Whereas Definitive Articles of peace and friends.h.i.+p between the United States of America and his Britannic Majesty, were concluded and signed at Paris, on the third day of September, one thousand seven hundred and eightythree, by the Plenipotentiaries of the said United States and of his said Britannic Majesty, duly and respectively authorised for that purpose; which Definitive Articles are in the words following; [Here follows the treaty.]

And we, the United States in Congress a.s.sembled, having seen and duly considered the Definitive Articles aforesaid, did, by a certain act under the seal of the United States, bearing date this 14th day of January, 1784, approve, ratify, and confirm the same, and every part and clause thereof, engaging and promising, that we would sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should be in our power; and being sincerely disposed to carry the said Articles into execution, truly, honestly, and with good faith, according to the intent and meaning thereof, we have thought proper by these presents, to notify the premises to all the good citizens of the United States, hereby requiring and enjoining all bodies of magistracy, legislative, executive, and judiciary, all persons bearing office, civil or military, of whatever rank, degree, and powers, and all others the good citizens of these States, of every vocation and condition, that reverencing those stipulations entered into on their behalf, under the authority of that federal bond, by which their existence as an independent people is bound up together, and is known and acknowledged by the nations of the world, and with that good faith, which is every man's surest guide, within their several offices, jurisdictions, and vocations, they carry into effect the said Definitive Articles, and every clause and sentence thereof, sincerely, strictly, and completely.

Given under the seal of the United States. Witness, his Excellency Thomas Mifflin, our President, at Annapolis, this fourteenth day of January, in the year of our Lord, one thousand seven hundred and eightyfour, and of the sovereignty and independence of the United States of America, the eighth.

Resolved, unanimously, nine States being present, that it be, and it is hereby earnestly recommended to the legislatures of the respective States, to provide for the rest.i.tution of all estates, rights, and properties, which have been confiscated, belonging to real British subjects; and also of the estates, rights, and properties of persons resident in districts, which were in the possession of his Britannic Majesty's arms, at any time between the thirtieth day of November, 1782, and the 14th day of January, 1784, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go to any part or parts of any of the Thirteen United States, and therein to remain twelve months unmolested in their endeavors to obtain the rest.i.tution of such of their estates, rights, and properties, as may have been confiscated; and it is also hereby earnestly recommended to the several States, to reconsider and revise all their acts or laws regarding the premises, so as to render the said laws or acts 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 it is hereby also earnestly recommended to the several States, that the estates, rights, and properties of such last mentioned persons should be restored to them, they refunding to any persons who may be now in possession, the _bona fide_ price, (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since the confiscation.

Ordered, That a copy of the Proclamation of this date, together with the recommendation, be transmitted to the several States by the Secretary.

RATIFICATION OF THE DEFINITIVE TREATY BY GREAT BRITAIN.

George the Third, by the Grace of G.o.d, King of Great Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch Treasurer, and Prince Elector of the Holy Roman Empire, &c. To all to whom these presents shall come, Greeting.

Whereas a definitive treaty of peace and friends.h.i.+p, between us and our good friends, the United Stales of America, viz. New Hamps.h.i.+re, Ma.s.sachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, was concluded and signed at Paris, the 3d day of September last, by the Plenipotentiaries of us, and our said good friends, duly and respectively authorised for that purpose, which definitive treaty is in the form and words following; [Here follows the treaty.]

We, having seen and considered the definitive treaty aforesaid, have approved, ratified, accepted, and confirmed it, in all and every one of its Articles and clauses, as we do by these presents, for ourself, our heirs and successors, approve, ratify, accept, and confirm the same, 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 treaty, and that we will never suffer it 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 the Court of St James, the ninth day of April, one thousand seven hundred and eightyfour, in the twentyfourth year of our reign.