American Peace Commissioners to the Secretary for Foreign Affairs (Robert R. Livingston), 14 December 1782
American Peace Commissioners to the Secretary for
Foreign Affairs (Robert R. Livingston)
Paris, Decr. 14. 1782.
Sir,
We have the honour to congratulate Congress on the Signature of the Preliminaries of a Peace between the Crown of Great Britain & the United States of America, to be inserted in a definitive Treaty so soon as the Terms between the Crowns of France & Great Britain shall be agreed on.1 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 honour and Interest of the United States, and we are persuaded Congress would be more more fully of that Opinion if2 they were apprized of all the Circumstances and Reasons which have influenc’d 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.3 They contended that Nova Scotia should extend to the River Kennebeck, 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 all such Lands within4 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,5 and having no Reason to think that Lines more favourable 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,6 divides the Lake Superior, and gives us Access to its Western & Southern Waters, from which a Line in that Latitude would have excluded us.7
Remarks on Article 4th. respecting Creditors.
We have 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 & 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:8 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 5 & 6, 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,9 the Respect, which both in London and Versailles, is supposed to be due to the honour, Dignity and Interests 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 consider’d, that10 it was utterly impossible to render this Article perfectly consistent, both with American and British Ideas of Honour, we presume that the middle Line adopted by this Article, is as little unfavourable 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 strengthen’d than otherwise, we thought it advisable to allow them the Extent contained in the Separate Article, especially as before the War it had been annex’d by Britain to W. 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 Mitchells.11
As we had reason to imagine that the Articles respecting the Boundaries, the Refugees & 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.12 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 appear’d surprized, but not displeased, at their being so favourable to us.13
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.—14 With great Respect, We have the honour to be, Sir, Your most obedient, & most humble Servants.
Entered on the Minutes.
W.T. Franklin Secy:
LS, body in the hand of William Temple Franklin, DNA: PCC, item 85, 254–59 (EJ: 9952). Dft, in the hand of JA, except for one paragraph each by JJ and Laurens, as indicated in the notes below. MHi: Adams (EJ: 11667). Endorsed by JA: “rough draught of common letter.” LbkCs, DLC: Franklin; and DNA: PCC, item 106: 1–5 (EJ: 4397).
1. See the Preliminary Articles of Peace, 30 Nov. 1782, above.
2. In the Dft: “if it they”. On the circumstances in which the draft was prepared, see , 14: 130–31.
3. The Quebec Act of 1774.
4. In the Dft: “within those Lines”.
5. See JJ to the Secretary for Foreign Affairs, 17 Nov. 1782, above.
6. In the Dft: “yet in another others it extends beyond above it, and”.
7. In its instructions to JA of 14 Aug. 1779, reaffirmed in its instructions to the peace commissioners of 15 June 1781 (: 469–71), Congress had specified that the northern boundary of the United States should generally follow the 45th parallel from the headwaters of the Connecticut River westward to the source of the Mississippi River. See , 14: 958–59.
8. In the Dft: “our Independence, it was our Policy to render that Opposition as insignificant as
possible, and it was easy to foresee that by satisfying these Creditors, they would be among the first to clamour for Peace and the Return of Commerce.”
9. In the Dft: “of these Articles this Business at the time of its Date been particularly important to the British Ministry Administration, the Ideas which there prevail of British Honour”.
10. In the Dft: “that the Sense of Honour in Great Britain and in the United States, were directly opposed to each other,”
11. The preceding paragraph does not appear in the Dft.
12. The preceding phrase, beginning with “and not” does not appear in the Dft.
13. The preceding paragraph is in JJ’s hand. In the Dft it is followed by a sentence in the hand of Henry Laurens that reads: “To urge Congress to obtain the most ample Account of Losses sustained by the Citizens and respective States of America by Plunder, Robbery, burnings, exportation of Negroes &c. &c. by the British Troops and to a transmission as early as possible.”
14. This paragraph reads as follows in the Dft: “We beg leave to add our Advice, that Congress should take Measures to obtain, as soon as possible an Account of the Losses Sustained and Cruelties suffered by the Citizens of the respective States of America, by Plunder, Burnings, Robberies and Exportation of Negroes, Plate and other Property, by the British Forces, and transmit them to Us, and preserve them for their own Use, as soon as possible. Should Such an Account arrive before the Signature of the definitive Treaty, it may Serve as a Ground Work for demanding Satisfaction.” RRL had not been able to obtain this information from the states. See , 38: 452.
15. On this same date, BF concluded a letter to RRL begun on 5 Dec. in which he summarized the peace negotiations, commented on the preliminaries, and reported that France and Britain had agreed in principle on theirs while the Dutch and the Spanish had not. Without remarking on the French minister’s displeasure, he noted that Vergennes considered that the Americans had “manag’d well, and . . . had settled what was most apprehended as a Difficulty in the Work of a General Peace, by obtaining the Declaration of our Independency.” , 38: 412–14.
16. In his letter to the South Carolina delegates of 16 Dec. 1782, Laurens noted that he had asked his colleagues if “we were proceeding agreeable to the instructions . . . of Congress, particularly respecting Boundaries and the Confidence and concurrence of the Court of France.” He continued: “to the latter a reply was made, nearly in the same terms as you will see in our joint letter with some enlargements, I was not altogether convinced. But the Evil, if any, had taken place, and could not be remedied, Wherefore I subscribed from the necessity of the Case.” In the event that Congress criticized the commissioners’ conduct, he asked the South Carolina delegation to take steps to suspend judgment against him until he could answer for himself. , 16: 80. For RRL’s acknowledgement, see his letter to the American Peace Commissioners, 25 Mar. 1783, below.