American Peace Commissioners to David Hartley, 17 July 1783
American Peace Commissioners to David Hartley
Passy, July 17th. 1783.
Sir,
We have the honour to inform you that we have just received from Congress their Ratification in due Form of the Provisional Articles of the 30th: of November 1782, and we are ready to exchange Ratifications with his Britannic Majesty’s Ministers as soon as may be.1
By the same Articles it is stipulated, that his Britannic Majesty shall with all convenient Speed, and without causing any Destruction or carrying away any Negroes or other Property of the American Inhabitants, withdraw all his Armies, Garrisons and Fleets from the United States and from every Port, Place & Harbour within the same.2 But, by Intelligence lately received from America, and by the inclosed Copies of Letters and Conferences between General Washington and Sir Guy Carleton,3 it appears that a considerable Number of Negroes belonging to the Citizens of the United States, have been carried off from New-York, contrary to the express Stipulation contained in the said Article. We have received from Congress their Instructions to4 represent this Matter to you, and to request that speedy and effectual Measures be taken to render that Justice to the Parties interested which the true Intent and meaning of the Article in Question plainly dictates.5
We are also instructed to represent to you, that many of the British Debtors in America have in the Course of the War sustained such considerable and heavy Losses by the Operation of the British Arms in that Country, that a great Number of them have been rendered incapable of immediately satisfying those Debts: we refer it to the Justice and Equity of Great Britain, so far to amend the Article on this Subject, as that no Execution shall be issued on a Judgment to be obtained in any such Case but after the Expiration of three Years from the Date of the definitive Treaty of Peace. Congress also think it reasonable that such Part of the Interest which may have accrued on such Debts during the War shall not be payable, because all Intercourse between the two Countries, had, during that Period become impracticable as well as improper, it does not appear just that Individuals in America should pay for Delays in payment which were occasioned by the civil and military measures of Great Britain. In our Opinion the Interest of the Creditors as well as the Debitors requires that some Tenderness be shewn to the Latter, and that they should be allowed a little Time to acquire the means of discharging Debts which in many Instances exceed the whole Amount of their Property.6
As it is necessary to ascertain an Epocha, for the Restitution and Evacuations to be made, we propose that it be agreed, that his Britiannic Majesty, shall cause to be evacuated the Ports of New-York, Penobscot7 and their Dependences, with all other Posts and Places in Possession of his Majesty’s Arms, within the United States, in the Space of three months after the Signature of this definitive Treaty, or sooner if possible, excepting those Posts contiguous to the Water-Line, mentioned in the fourth Proposition, and these shall be evacuated, when Congress shall give the Notice therein mentioned.8
We do ourselves the honour of making these Communications to you, Sir, that you may transmit them and the Papers accompanying them to your Court, and inform us of their Answer. We have the honour to be, Sir, Your most obedient and most humble Servants
John Adams
B Franklin
John Jay
Dd. Hartley Esqr.
LS, UkLPR, FO 4/ 2 (EJ: 5055, 5056). DftS, by JA only, body of the letter in the hand of William Temple Franklin, with corrections by JJ, MHi: Adams. Cs, MiU-C: Hartley (EJ: 4956); and DLC: Franklin (EJ: 10340). C, enclosed in American Peace Commissioners to RRL, 27 July 1783, DNA: PCC, item 85, 364–66 (EJ: 9941).
1. Congress, after debate, provisionally ratified the preliminary treaty on 15 Apr. 1783. , 24: 242. The news was conveyed by the secretary for foreign affairs to the American peace commissioners in his letter of 21 Apr. 1783, above, an official copy of which Matthias Ogden delivered to the commissioners on 12 July. See “The Commissioners Defend the Treaty” (editorial note) on pp. 416–19.
2. On 15 Apr. 1783 Congress instructed Washington to make proper arrangements with Guy Carleton for taking over the posts and recovering “negroes and other property of the United States in the possession of the British forces, or any subjects of, or adherents to his said Britannic Majesty”, as well as to arrange for freeing “all land prisoners.” , 24: 242–43.
Following a meeting between Washington and Carleton on 5 May RRL informed the American commissioners that the British were continuing to violate the article 7 of the treaty by “sending off the slaves under pretence that the proclamations had set them free, as if a British general had, either by their laws or those of nations, a right of proclamation to deprive any man whatever of his property.” See RRL to the American Peace Commissioners, 28 May 1783, , 14: 503–4.
3. Copies of Thomas Walker to the Virginia delegates, 3 May (, 7: 5–7); the resolution of Congress signed by Charles Thomson of 8 May, ordering that a copy of that letter be sent to Washington (, 24: 333); Washington to the President of Congress, 8 May; “The Substance of the Conference between General Washington & Sir Guy Carleton at an Interview at Orange-Town,” 6 May; Washington to Carleton, 6 May; and a copy of a letter from Carleton to RRL, dated 14 Apr., enclosed in Washington to Egbert Benson, William S. Smith, and Daniel Parker, the commissioners supervising the evacuation of New York, 8 May 1783, are all filed with the letter at UkLPR, FO 4/ 2 (EJ: 5056); see also DLC: Washington, ser. 4: 858ff. The memorandum of Washington’s conference with Carleton also appears in , 1: 848–51.
4. Here, in the Dft: “remonstrate upon this Violation of the Treaty, and to take such Measures for obtaining Reparation as the Nature of the Case will admit”, was deleted, and the remainder of this paragraph substituted in the hand of JJ.
5. Here in the Dft William Temple Franklin marked: “No 1”, indicating the placement of a proposed addition of the following two paragraphs. On a separate page filed with the Dft appears one paragraph, in the hand of JA, that Franklin labelled “No 2”, and a second paragraph, in the hand of JJ, that Franklin labelled “No 1”, MHi: Adams, reel 361 (EJ: 11664). The paragraphs are placed in the proper order in the final copies.
6. This paragraph is in the hand of JJ in the Dft. On the debt issue, see the final text of the American Peace Commissioners to RRL, 18 July 1783, below.
7. Here in the Dft, the words “Niagara, Detroit, Mihilimackinac” are excised. On the delayed evacuation of Penobscot, see Oswald to Townshend, 5 Oct. 1782, and notes, above.
8. This paragraph is in the hand of JA in the Dft.