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Report on Anglo-American Relations, 23 April 1787

Report on Anglo-American Relations

[New York] Office for foreign Affairs 23d April 1787

The Secretary of the United States for the Department of foreign Affairs in obedience to the Order of Congress directing him to report Instructions to their Minister Plenipotentiary at the Court of London, on the Subject of his Letter of 4th. March 1786, and of the Papers which accompanied it.1

Reports the following

Resolved That the Minister of the United States at the Court of Great Britain, be, and he hereby is, instructed to inform his britannic Majesty, that Congress do candidly admit, that the 4th. and 6th. Articles of the Treaty of Peace have been violated in America, and that they consider the 7th. Article as having been violated on the part of Great Britain.2 That he do also inform his britannic Majesty, that Congress are taking effectual measures for removing all Cause of Complaint on their part, and that he communicate to his Majesty their Resolutions of the 21st. Day of March last, together with their Circular Letter to the States of the 13th. Day of April Instant.3

Resolved That the said Minister be, and he hereby is authorized and directed, in the name and Behalf of the United States to propose and conclude a Convention with his Majesty, whereby it shall be agreed that the value of the Slaves or other American Property carried away contrary to the 7th. Article, be estimated by Commissioners and paid for, and that the said Payment, together with a Surrender of all the ‘Posts and Places now held by his Majesty within the Limits of the United States shall be made within   Months after the several States shall each have passed such a Law for repealing all the Acts or parts of Acts existing in the same and repugnant to the said Treaty, as is specified in the Circular Letter above mentioned, which   months shall be computed from the Time that formal notice, of all the States having passed such Laws, shall be duly given to his britannic Majesty.4

Resolved That the said Minster be, and he hereby is, further instructed to assure his Majesty that it will always give pleasure to Congress fairly and candidly to discuss and accommodate every Difference or Complaint that may arise relative to the Construction or to the Performance of the Treaty. That they ^are^ determined to execute it with good Faith, and that as this is the only Instance in which any Complaints of that kind5 have ever come regularly before them, they flatter themselves, that the Frankness and Candor of their Conduct on this occasion will create in him the same Confidence in the Purity of their Intentions, which they repose in his Assurances “that whenever America shall manifest a real Determination to fulfil her part of the Treaty, Great Britain will not hesitate to co-operate in whatever points depend upon her, for carrying every article into real and compleat Effect.[”]6

Resolved That the said Minister be, and he hereby is, further instructed to endeavour to have an Article inserted in the Convention for the Remission of the Interest or a proportion ^of^ it, which accrued on private contracts during the war. And that he also endeavour to obtain an Article to fix the true Construction of the Declaration for ceasing Hostilities, and to stipulate, that Compensation be made for all Captures contrary to it.7

And to the End that the said Minister may have the more ample Information on these several Subjects. Ordered that a copy of the Report of the Secretary for foreign Affairs on his said Letter be transmitted to him by means of some proper and confidential person that may be going from Hence to London.8

All which is submitted to the Wisdom of Congress9

John Jay

DS, DNA: PCC, item 81, 3: 97–99 (EJ: 3946). Endorsed: “Report of the Secy. forn Affairs / Instructions to Mr Adams / Entd. read 23 April 1787 / July 18. 1787 / Referred to / Mr Kean / Mr Lee / Mr Dana / Sec. report Commer on this / report—passed july 20th. 1787)”. LbkCs, DNA: PCC, item 124, 3: 70–73 (EJ: 4596); NNC: JJ Lbk. 3.

1See the editorial note “Anglo-American Relations,” above.

2Article 4 stipulated that there should be no lawful impediment placed in the way of creditors of either side attempting to collect the full value of debts; Article 6 stipulated that there should be no future prosecutions of Loyalists or confiscations of their property, and that imprisoned Loyalists should be immediately freed. Article 7 provided that Britain would speedily withdraw its armed forces from the United States, would restore all archives belonging to its states or citizens, and would refrain from carrying away slaves or destroying other American property.

3Congress’s resolutions of 21 Mar. stipulated that the states had no right to limit the operation of any treaty concluded by Congress, and that all state acts contravening the treaty ought to be repealed. As suggested in JJ’s report of 13 Oct. 1786, above, and JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 31: 870, Congress also recommended that repeals be made in general terms. See JJ’s report of a draft circular to the states of 6 Apr. 1787, above, which Congress approved on 13 Apr. JA subsequently informed JJ that Carmarthen was greatly pleased by the resolutions and proclaimed that they did honor to Congress. See JA to JJ, 14 May 1787, ALS, DNA: PCC, item 84, 6: 477 (EJ: 11948); and OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends , July 1787 (EJ: 3777).

The resolution of 20 July instructed JA to “inform his Britannic Majesty that Congress have taken measures for removing all cause of complaint relative to the infraction of the 4th. and 6th. Article of the treaty of peace, and that he communicate to his Majesty their resolutions of the 21st. March last together with their circular letter to the States, of the 13th day of April.” JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 32: 378.

4The OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends for this date indicates that JJ’s report was transmitted to the President of Congress under cover of a letter of this date, in which he suggested that, if it was thought proper to instruct JA to conclude this convention, the states should be informed of it. See JJ to Arthur St. Clair, 23 Apr. 1787, LS, DNA: PCC, item 80, 3: 233 (EJ: 285); Dft, NNC (EJ: 5893); LbkC, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 212–13 (EJ: 2128); OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends , April 1787 (EJ: 3774); JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 32: 369, 375, 378–80; and LDC, description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends 24: 212, 367–68, 469.

The resolution adopted by Congress on 20 July authorized JA “to propose and conclude a Convention with his Britannic Majesty whereby it shall be agreed that the value of slaves or other American property carried away contrary to the 7th Article of the Treaty of peace be estimated by Commissioners; and that he also endeavor to obtain an Article to fix the true construction of the declaration for ceasing hostilities, and to stipulate that compensation be made for all Captures contrary to it.”

In the course of the debate, Melancton Smith moved, and William Grayson seconded, an amendment to the above resolution that stipulated that Britain should make compensation for slaves carried off and evacuate the posts held in violation of the treaty within a reasonable time after the several states had passed acts conformable to Congress’s resolutions and Britain had been notified that the states had done so. The amendment failed. JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 32: 378–80.

5The preceding three words were eliminated from Congress’s resolution. See JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 32: 379.

6Beginning with “Frankness and Candor,” the resolution reads: “that the readiness with which they have taken measures to remove these complaints will create in him a full confidence in the purity of their intentions, and that he assure his Majesty that they fully repose and confide in his assurances “that. …” Ibid.

7There was no resolution to this effect.

8JJ enclosed certified copies of Congress’s resolutions of 21 Mar., 13 Apr., and 20 July under cover of his letter to JA of 31 July in which he mentioned that the resolution of 20 July differed substantially from the convention he had proposed in his report. To support his assertion that several states had acted to remove obstacles to the “full and fair Operation of the Treaty,” he enclosed an Act of New Hampshire of 15 Sept. 1786 passed in compliance with the treaty and founded on Congress’s recommendation of 14 Jan. 1784; an Act of Massachusetts passed 30 Apr. 1787 to repeal all acts infringing on the treaty; a letter from the Governor of Rhode Island to JJ of 4 Sept. 1786, informing that all prosecutions of loyalists had ceased and that British subjects were not prevented from seeking repayment of debts; an act from Connecticut passed the 2d Thursday in May 1787 repealing all acts repugnant to the definitive treaty; Acts of New York of 4 and 20 Apr. 1787 to repeal acts complained of by British merchants; a letter from the Governor of New Jersey to JJ of 15 June 1786, informing that the state had complied with Congress’s recommendation of 14 Jan. 1784; and an Act of Maryland of 15 May 1787, declaring the definitive treaty to be the supreme law within that state. JJ added that there was “great Reason” to think other states might pass such laws when their legislatures met, but that he did not expect universal compliance. See C, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 272–76 (EJ: 2511); and OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends , July 1787 (EJ: 3777). JJ also forwarded copies of the resolutions and circular letter with his letter to TJ of 24 Apr., below.

9JJ’s report was entered into Congress’s Journal on the same day, but Congress did not assign it to a committee (John Kean, Richard Henry Lee, and Nathan Dane) until 18 July. Its report of 19 July ordered JJ to instruct JA to provide the king with its resolutions of the 21st. Mar. and its circular to the states of 13 Apr. which, the committee contended, demonstrated that Congress had taken measures to remove all causes of complaint about American infractions of Articles 4 and 6 of the peace treaty. See JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 32: 124–25, 229–30, 369, 375, 378–80.

Congress had, however, already received JA’s request to be allowed to return home. On 24 Sept., shortly after it received the report from the Constitutional Convention, Congress gave JA permission to return to the United States after the expiration of his appointment on 24 Feb. 1788. JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 33: 516–17.

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