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THE COMMISSIONERS TO SECRETARY LIVINGSTON.1

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Paris, 14 December, 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 inclosed, 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 apprised of all the circumstances 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 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 latitude of forty-five, yet in others it extends above it, divides the Lake Superior, and gives us access to its western

1 This joint letter of the commissioners is inserted in this work on the strength of the evidence furnished by the original draft, in the handwriting of Mr. Adams. The paragraph respecting the secret article is not, however, found there, and the next one touching their action towards the French Court is in the handwriting of Mr. Jay.

and southern waters, from which a line in that latitude 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 pass 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 Mitchell'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.

J. G. HOLTZHEY TO JOHN ADAMS.

Amsterdam, 23 Decembre, 1782.

MONSIEUR,-Je me trouve honoré de la vôtre du 2e du passé ; sensible aux louanges que vous me faites de mon travail, ils

1 The words inclosed in parentheses are not in Mr. Jay's draft of this paragraph.

m'ont engagé d'en faire une autre médaille, que je prends la liberté de vous envoyer ci-jointe, dans la ferme attente qu'elle ne vous fera pas moins de satisfaction que la précédente. Au reste, monsieur, comme né dans cette ville, dans laquelle demeurent tant de braves gens qui ont vivement desiré l'union de vos États avec les nôtres, j'ai été inspiré à la faire connoître par la postérité.1

Au reste, monsieur, je récommande les médailles à votre bonté pour l'Amérique quand l'occasion se présentera, et je suis, &c. &c. JEAN GEORGE HOLTZHEY.

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M. DUMAS TO JOHN ADAMS.

La Haie, 26 Decembre, 1782.

MONSIEUR, Nos amis vous prient d'appuyer de tous vos bons offices possibles la négociation de messieurs les plénipotentiaires de cette république, surtout quant aux dédommagemens qu'ils demandent, ainsi que pour la liberté parfaite et illimitée de leur navigation; afin que ces messieurs aient lieu de faire mention dans leurs dépêches ici de ces bons offices, et que nos amis puissent s'en prévaloir non seulement pour confondre les Anglomanes, mais pour exalter à leurs peuples respectifs les effets de l'amitié fraternelle des Américains pour cette nation. Un petit mot de réponse là-dessus que je puisse leur répéter de la part de votre excellence, leur fera grand plaisir. En attendant je suis chargé de vous présenter leurs respects.

M. Holtzhey m'a envoyé une seconde médaille pour vous, charmante. Je vous l'enverrai, monsieur, par première occasion. En attendant, voici sa lettre et description. L'emblème du coq m'a rappelé un trait, si je ne me trompe, des mémoires de Vargas. L'ambassadeur de France au concile de Trente parlant d'une manière qui déplaisait au ministre du pape, celui-ci l'interrompit en criant, Gallus cantat. L'ambassadeur, sans se déconcerter, répliqua, Utinam Petrus fleret. Je suis, &c.

DUMAS.

1 This relates to the medal commemorative of the signature of the treaty between the United States and Holland, an engraving of which accompanies

this volume.

TO M. DUMAS.

-

Paris, 1 January, 1783.

DEAR SIR, Returning this evening from Versailles, where I had been to make the compliments of the season, I found your favors of the 26th and 27th of December. The letters inclosed shall be forwarded, as you desire.

The Dutch ministers here have no occasion for my assistance. Non tali auxilio, &c. I have the honor to be more particularly acquainted with M. Brantzen, who is certainly a very able man, and universally acknowledged to be so by all who know him. The arguments, which I know he has used with the British minister, are such as can never be answered, both upon the liberty of navigation, and the compensation for damages. He is an entire master of his subject, and has urged it with a degree of perspicuity and eloquence, that I know has much struck his antagonists.

Unnecessary, however, as any exertions of mine have been, I have not omitted any opportunity of throwing in any friendly suggestions in my power, where there was a possibility of doing any good to our good friends, the Dutch. I have made such suggestions to Mr. Fitzherbert. But with Mr. Oswald I have had several very serious conversations upon the subject. So I have also with Mr. Vaughan and Mr. Whitefoord. To Mr. Oswald I urged the necessity of Great Britain's agreeing with the Dutch upon the unlimited freedom of navigation, from a variety of topics, some of which I may explain to you more particularly hereafter. Thus much I may say at present, that I told him it was impossible for Great Britain to avoid it; it would probably be insisted upon by all the other powers. France and Spain, as well as Russia, Sweden, Denmark, Prussia, the Emperor, and Portugal, as well as Holland, had already signed the armed neutrality. The United States of America had declared themselves ready to sign, and were ready. The combination being thus powerful, Great Britain could not resist it. But if she should refuse to agree to it with Holland, and the other powers should acquiesce, and Holland should make peace without it (which would never, however, be the case), yet all would be ineffectual, for Holland would forever be able to

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