The Diplomatic Correspondence of the American Revolution
Chapter 424 : D. HARTLEY.AN ORDER OF THE BRITISH COUNCIL.Copy of the Order in Council, the 14th of M

D. HARTLEY.

AN ORDER OF THE BRITISH COUNCIL.

Copy of the Order in Council, the 14th of May, 1783, read to, and left with the American Ministers, this 21st day of May, 1783, by Mr Hartley.

At the Court of St James, May 14th, 1783.

Present. The King's Most Excellent Majesty in Council.

Whereas, by an act of Parliament pa.s.sed this session, ent.i.tled, "An Act for preventing certain instruments from being required from s.h.i.+ps belonging to the United States of America, and to give to his Majesty, for a limited time, certain powers for the better carrying on trade and commerce between the subjects of his Majesty's dominions and the inhabitants of the said United States," it is, among other things, enacted, that, during the continuance of the said act, it shall, and may be lawful for his Majesty in Council, by order or orders to be issued and published from time to time, to give such directions, and to make such regulations with respect to duties, drawbacks, or otherwise, for carrying on the trade and commerce between the people and territories belonging to the Crown of Great Britain, and the people and territories of the said United States, as to his Majesty in Council shall appear most expedient and salutary, any law, usage, or custom to the contrary notwithstanding. His Majesty, does, therefore, by, and with the advice of his Privy Council, hereby order and direct, that any oil, or unmanufactured goods or merchandises, being the growth or production of any of the territories of the said United States of America, may, (until further order) be imported directly from thence into any of the ports of this kingdom, either in British or American s.h.i.+ps, by British subjects, or by any of the people inhabiting in, and belonging to the said United States, or any of them, and such goods and merchandises shall and may be entered and landed in any port in this kingdom, upon payment of the same duties, as the like sort of goods are, or may be subject and liable to, if imported by British subjects in British s.h.i.+ps from any British island or plantation in America, and no other, notwithstanding such goods or merchandises, or the s.h.i.+ps in which the same may be brought, may not be accompanied with the certificates, or other doc.u.ments heretofore required by law; and it is hereby further ordered and directed, that there shall be the same drawbacks, exemptions, and bounties on merchandises and goods exported from Great Britain into the territories of the said United States of America, or any of them, as are allowed upon the exportation of the like goods or merchandise, to any of the islands, plantations, or colonies belonging to the Crown of Great Britain in America; and it is hereby further ordered and directed, that all American s.h.i.+ps and vessels, which shall have voluntarily come into any port of Great Britain, since the 20th of January, 1783, shall be admitted, together with the goods and merchandises on board the same s.h.i.+ps and vessels, to the full benefit of this order; and the Right Honorable the Lords, Commissioners of his Majesty's Treasury, and the Lords, Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.[14]

WILLIAM FAWKNER.

FOOTNOTE:

[14] See the following Papers in _Henry Laurens's Correspondence_, Vol. II. pp. 499-502, viz.

1. Articles proposed to the American Commissioners by Mr Hartley.

2. Mr Hartley's proposed Article of Agreement, delivered by him to the American Commissioners for their consideration, May 21st, 1783.

3. Observations and propositions of Mr Hartley, left with the American Ministers, May 21st, 1783.

Also in _Franklin's Correspondence_, Vol. IV. pp. 78, 80, 92, and the following, viz.

1. Conciliatory Propositions.

2. Sketch of a Provisional Treaty of Commerce.

3. Supplemental Treaty.

COUNT DE VERGENNES' PROPOSED NEW ARTICLES.

[Delivered to Dr Franklin on the 20th of May, 1783.]

Translation.

The intention of his Most Christian Majesty and the United States of North America, in concluding between them a treaty of amity and commerce, having been, that their respective subjects should enjoy all the advantages, privileges, and exemptions, which the most favored nations enjoy or may enjoy, and his said Majesty and the United States, wis.h.i.+ng to prevent any misunderstandings that may arise by a false application of the 2d and 3d Articles of the treaty of commerce of February 6th, 1778, have thought it proper to determine in a precise manner the principles which ought to be followed on one part and the other, concerning the matter in question. In consequence, it is proposed, that his Majesty and the Congress of the United States agree to the following Articles.

ARTICLE I. To interpret, as far as is necessary, the 2d Article of the treaty of amity and commerce, concluded February 6th, 1778, the United States declare, that all the advantages, privileges, and exemptions, which are accorded, or may be accorded hereafter, in regard to navigation and commerce, to any nation, power, or state, whatever, shall be common to the French nation, and that these shall be enjoyed conformably to Article 3d of the treaty, in such manner that in no case, or under any pretext, shall the said United States exact any compensation from his Most Christian Majesty.

ARTICLE II. His Most Christian Majesty promises and engages on his part, to cause the subjects of the United States to enjoy, in conformity with the 3d Article abovementioned, all the advantages, privileges, and exemptions, which the most favored nations now enjoy, or may enjoy hereafter, and that without exacting any compensation from the said States.

TO MR GRAND.

Paris, May 22d, 1783.

Sir,

We have received the letter you did us the honor to write us on the 10th day of this month, containing a brief state of the affairs of the United States, in your hands.

We see the difficulties you are in, and are sorry to say that it is not in our power to afford you any relief.

We have the honor to be, Sir, &c.

JOHN ADAMS, B. FRANKLIN, JOHN JAY.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 28th, 1783.

Gentlemen,

By the direction of Congress contained in the enclosed resolutions, I have the honor to transmit you the correspondence between General Was.h.i.+ngton and Sir Guy Carleton, together with minutes of their conference, when in pursuance of the invitation of the first, they met in Orange county. Nothing can be a more direct violation of the seventh Article of the provisional treaty, than sending off the slaves, under pretence, that their Proclamations had set them free, as if a British General had, either by their laws or those of nations, a right by Proclamation, to deprive any man whatever of his property.

They may with much more propriety pretend to re-establish every one of their adherents in all the rights they had before the war, since they engaged so to do, and the people with whom they made these engagements were capable of entering into them, which slaves were not. Or even if they were, the promise made to them must be under the same limitations with those made to their other adherents in this country, and amounts to nothing more than this; "make yourselves free, and we will protect you in that freedom as long as we can." The Articles imply, that they were no longer able to protect them. You will be pleased to remonstrate on this subject, and inform Congress of the effects of your representations.

We have been much embarra.s.sed by your silence, not having had a line from you since the Provisional Articles took effect, nor being at all acquainted with the progress of the definitive treaty; though the earliest information on this subject becomes very important. Congress, after some hesitation have ventured to hope, that it will meet with no obstructions, and have accordingly discharged by the enclosed resolution a considerable part of their army upon those principles of economy which extreme necessity dictated. As scarce a week pa.s.ses without several arrivals from France, Congress complain with some reason of your silence. For my own part I could wish, that you would severally impose upon yourselves the task of writing weekly, and sending your letters to Mr Barclay. As you are possessed of cyphers, there can be no hazard in this, where the subject of your correspondence requires secrecy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, May 31st, 1783.

Gentlemen,

Congress yesterday pa.s.sed the enclosed resolutions on the subject of the payment of British debts. The language they speak requires no comment.

I complained in my last of your long silence, or rather laid before you the complaints of Congress. These, I think receive additional force from the intelligence that I have since had, that the negotiations are still going on; and that important propositions have been made you from Holland. As Congress have adjourned for two days, and the packet sails tomorrow, I cannot procure their instructions on this subject; though I think I may venture to say that they will not without reluctance go one step further than their honor requires of them in making new engagements which may involve them in the disputes of Europe, from which they wish to be totally disengaged. I make no observations on these propositions, or your power to accede to them, being well persuaded that you will take no step in this business without a full persuasion that important advantages will result therefrom to these States. The second proposition, in case France and Spain should decline acceding to the first, is more peculiarly delicate from the inability of the contracting powers to enforce them; if, which is hardly to be supposed, they should unite in wis.h.i.+ng it.

I cannot help lamenting since so much time has elapsed before any conclusion is formed, that you had not thought it advisable to write me on this subject, explaining the advantages and disadvantages of the measure, and enabling me to take the sense of Congress thereon; for though they have the highest confidence in your judgment and knowledge of the true interests of this country, yet I am persuaded that they think it a duty to see with their own eyes; and to form their own conclusions on great national objects, where there is a possibility of so doing. The experience of the last war has shown that the propositions of the Empress of Russia were little more than a dead letter. Those whom England dared to offend derived no advantage from them. Our engagement therefore on this head will, in my opinion, add little weight to them, unless the great maritime powers of Europe agree to support them, and they may involve us in disagreeable discussions. These however are only my sentiments; those of Congress I am ignorant of.

The fifth and sixth Articles of the provisional treaty excite much ferment here. For though the most dissatisfied spirits acknowledge the whole treaty taken together to answer their highest expectations, yet they wish to take only what they like, and leave out what they disapprove; and such is the relaxation of government, and so great the disorder and uneasiness introduced by the war, that it will be found very difficult to bridle the just resentments of some, and the unfounded apprehensions that others entertain of reimburs.e.m.e.nt that may effect their particular interests.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.