John Jay Papers
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American Peace Commissioners to the Secretary for Foreign Affairs (Robert R. Livingston), 27 July 1783

American Peace Commissioners to the Secretary
for Foreign Affairs (Robert R. Livingston)

Passy July 27 1783.

Sir,

The Definitive Treaties between the late belligerent Powers are none of them yet compleated. Ours has gone on slowly, owing partly to the Necessity Mr. Hartley (Successor of Mr. Oswald) thinks himself under of sending every Proposition either his own or ours to his Court for their Approbation; and their Delay in answering, thro’ Negligence perhaps since they have heard our Ports are open, or thro’ Indecision occasioned by Ignorance of the Subject or thro’ want of Union among the Ministers. We send you herewith Copies of several Papers that have pass’d between us. He has for sometime assured us that he is in Hourly Expectation of Answers but they do not arrive. The British Proclamation respecting the Commerce appears to vex him a good deal. We enclose a Copy.1 And we are of Opinion that finally we shall find it best to drop all Commercial Articles in our Definitive Treaty and leave every thing of that kind to a future special Treaty to be made either in America or in Europe as Congress shall think fit to Order. Perhaps it may be best to give Powers for that Purpose to the Minister that probably will be sent to London. The Opinion here is that it will be becoming in us to take the first Step towards the mutual Exchange of Ministers; and we have been assured by the English Minister who treats with us here, that ours will be well received.

The Dutch Preliminaries are not yet agreed on, and it seems to be settled, that we are to sign all together, in the Presence of the Ministers of the two Imperial Courts who are to be complimented with the Opportunity of Signing as Mediators, tho’ they have not yet, and perhaps will not be consulted in the negociations. Mr. Adams has gone to Holland for three Weeks, but will return sooner if wanted. The Propositions you mention as made to us from that State we suppose he has given you an Account of. Nothing was or is likely to be done upon them here, and therefore it was less necessary to say anything towards concerning them. A Minister from thence has been gone some time to Congress, and if he has those Propositions in Charge they will best be consider’d there.2 With great Esteem, we have the Honour to be, Sir, Your most obedient & most humble Sevts.

B. Franklin
John Jay
Henry Laurens3

Copies of Papers that passed between the Joint Ministers & Mr. Hartley, mentioned to be enclosed in their Letter of 27 July 1783. Vizt.4

Mr. Hartley’s six Propositions for the definitive Treaty, and the Answers to them.—5

Propositions to Mr. Hartley for the definitive Treaty.—6

Mr. Hartley’s letter to the Joint Ministers of 14 June 1783, with a Memorial of 1 June 1783.7

Memorial from British Merchants to Mr. Fox enclosing a former Meml. to Lord Shelburne.8

Letter from the Joint Ministers to Mr. Hartley of 17th. July 1783.—9

British Proclamation respecting Commerce.10

LS, body in the hand of William Temple Franklin, DNA: PCC, item 85, 316–20 (EJ: 9940). Enclosures as listed below, follow this document in DNA: PCC, item 85, 322–66.

1The Order in Council of 2 July 1783 (RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 6: 541). On trade negotiations to this point, see the editorial note “Negotiating a Trade Agreement” on pp. 373–86.

2Pieter J. van Berckel, the first Dutch minister to the United States, did not arrive there until 11 Oct. 1783. On his reception, see PRM description begins E. James Ferguson et al., eds., The Papers of Robert Morris, 1781–1784 (9 vols.; Pittsburgh, Pa., 1973–99) description ends , 8: 615–16.

3Congress received this letter on 12 Sept. 1783. See 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 , 20: 669–70; and PJM description begins William T. Hutchinson, William M. E. Rachal, Robert A. Rutland et al., eds., The Papers of James Madison, Congressional Series (17 vols.; Chicago and Charlottesville, Va., 1962–91) description ends , 7: 314–16.

4The list of enclosures is in JJ’s hand.

5Hartley’s propositions are printed under the date of 19 June, and the commissioners’ propositions under [c. 1 July 1783], both above.

6The commissioners’ proposals are printed above, [c. 1 July 1783].

7See above, 14 June 1783; and for the enclosed memorial of 1 June, RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 6: 465–69.

8See the copies of the memorial of British merchants trading to South Carolina and Georgia to Charles James Fox of 11 Apr. 1783, and the memorial of British merchants to Shelburne of 3 May 1782, DNA: PCC, item 85, 354–62.

10Enclosure not found.

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