The Diplomatic Correspondence of the American Revolution
Chapter 423 : Given under the seal of the United States. Witness, his Excellency ELIAS BOUDINOT, Pre

Given under the seal of the United States. Witness, his Excellency ELIAS BOUDINOT, President, this twelfth day of April, in the year of our Lord one thousand seven hundred and eightythree, and of the sovereignty and independence of the United States the seventh.

ROBERT R. LIVINGSTON TO THE COMMISSIONERS.

Philadelphia, April 21st, 1783.

Gentlemen,

Upon the receipt of the Provisional Articles, and a subsequent account brought by a vessel, despatched by Count d'Estaing, I wrote letters to Sir Guy Carleton and Admiral Digby, to which I received answers. You will find them cold and distant. Those they wrote to the Minister of France, in answer to similar communications made by him, were still more so, and contain the same illiberal doubts which are mentioned in mine, expressed in much stronger terms. When they received an authentic account of the treaty, they sent a copy of it, (_no part_ being omitted) to Congress, through the General. When the Proclamation for the cessation of hostilities was received at New York, it was sent to me by an officer with a letter, to which I returned an answer.

After this two great questions were agitated in Congress. 1st. Whether they should proceed to the immediate ratification of the Provisional Articles; and 2dly. Whether they should release their prisoners. Some maintained with respect to the first of these points, that they knew not in what light to consider the Provisional Articles, whether as preliminaries or a definitive treaty. That the preamble said they were to const.i.tute the treaty, while at the same time, they were only to be inserted in it. These terms they considered as contradictory; and they wished to have explanations from you on this head, to know what the operation of a ratification would be, and they inferred from your silence, that none was necessary. They observed, that no time was set for the evacuation of New York; that the ratification would in some measure compel them to release their prisoners, and thus strengthen their hands, when it was possible a definitive treaty might not take effect between Great Britain and France; and that the ratification and the restoration of prisoners, if it left us nothing more to do, was in some sort to desert our allies. To this it was answered, that the Provisional Articles were only to be received as preliminary, that from the very nature of them, they could not he definitive; that the ratification would not alter the nature of them, but confirm them as they stood; that they were confessedly very advantageous to us; that the neglecting any such acceptation of them as was necessary on our part would give the enemy a pretence for violating the stipulations they contained; that the princ.i.p.al points between France and Great Britain being settled, we had no reason to apprehend a failure of a definitive treaty; that it was important to show, that we were determined to adhere in every particular to the engagements you had made. These arguments prevailed, and a resolution pa.s.sed directing the ratification which I enclose. It is probable that the definitive treaty will be signed before this can reach you, otherwise it would be extremely desirable that some ambiguities in the Provisional Articles should be cleared up, and other objects, which have been at different times touched upon in my public letters, attended to.

The sixth Article is not so precisely expressed as to point out to what time the word _future_ refers, whether to the signature of the Provisional Articles, whether to the act, which gave it the force of a treaty, or to the definitive treaty. Though I should suppose the second to be the intention from the opposition between the words _now_, and the time of the ratification in America.

The seventh Article leaves the time for the evacuation of New York upon so loose a footing, that I fear our troublesome guests will long continue to be such, unless a day is fixed on for their departure, in the definitive treaty. You can easily conceive the impatience that the distressed inhabitants of New Fork feel at every moment's delay; and the fears and jealousies that prevail among them lest it should be meant to retain these posts as pledges for the performance of the stipulations in favor of the tories. By the debates in Parliament on the 3d of March, it is evident that they had then no orders to evacuate.

You will observe that the ratification does not extend to the Separate Article. The treaty between Spain and Great Britain renders it unnecessary; and Congress not caring to express any sentiment upon that subject, I refer you to my letters to Dr Franklin and Mr Jay upon the subject of a free trade with the West Indies, and the logwood trade, which are important objects here; and, I hope, will be attended to in your definitive treaty. It were to be wished that the ambiguity with respect to the time of the cessation of hostilities upon this coast was cleared up, and the construction we put upon it adopted, to wit, that by _as far as the Canaries_, was intended the lat.i.tude of the Canaries, which construction can be supported by a variety of arguments, and is extremely important to us, as a number of our vessels have been taken since the 3d of March.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

MR GRAND TO THE COMMISSIONERS.

Paris, May 10th, 1783.

Gentlemen,

It is some months ago since I had the honor to write you, and am well persuaded, although I received no answer thereto, that it will have engaged your attention. I earnestly wish it may have been productive of an improvement to the finances of Congress, which I then foresaw would be short of our wants, and which is, unfortunately, too much the case at present.

Last month, I remitted to the honorable Robert Morris, the state of his account; the balance of which was 413,892 livres _13c. 9s._ due to me. This, added to the subsequent payments I had to make, would have thrown me into a state of perplexity, had it not been for the a.s.sistance given me by the _Garde du Tresor Royal_.

You will see, Gentlemen, by the statement I have the honor to enclose for your consideration, that the sums I am to pay, exceed by one million those that are to be paid me. And making even abstraction of all that is not Mr Morris' bill, there still remains a defect of 500,000 livres, independent of the allowance to be made for his usual wants, from January 24th (date of his last bills) up to the 12th of March.

I am happy to have it in my power to say, that I have exerted to this instant, all that my zeal and my faculties could suggest to me. Did the last keep pace with the former, I should never have applied but to them. However, the state of affairs is such now, that a resolution must be taken relative thereto; and, even, without delay; the bearers of Mr Morris's bills growing so urgent upon me, that rather than to have occasioned any difficulty before I could be informed of your resolution, I preferred accepting a further sum of 54,000 livres this day.

I crave your Excellencies will honor me with a quick answer; meantime, I remain &c.

GRAND.

_State of the Finances of Congress at Paris, on the 10th of May_, 1783.

Balance due to me on the last account, Livres 413,892 13 9

Sums paid by his Excellency Benjamin Franklin's orders, 172,001 5 1

The honorable Robert Morris's drafts to be paid, 1,872,871 1 10

His fresh drafts from January 24th, at 60 days sight, of which I have already accepted 54,000 livres, 804,371 8 --------------- 3,263,136 8 8

Interest on the Dutch Loan, 400,000} Sabatier & Desprez' claim } for articles to the Marquis } de Lafayette, 134,000} ------- 534,000 ---------------

Livres 3,797,136 8 8

M. DE LAFAYETTE TO THE COMMISSIONERS.

Paris, May 12th, 1783.

Gentlemen,

Having yesterday conferred with Count de Vergennes upon some public concerns, he requested I would tell you what, instead of troubling you with the demand of a meeting, I think better to mention in this note.

The several powers, said he, are going to make up their treaties, and when ready to sign, they will, of course, meet to do it all together.

The mediation of the Emperor and that of Russia have been required, and under that mediation the French treaty will be signed; it now rests with America to know, if she will conclude her treaty under the mediation, or chooses to let it alone. There is no necessity for it.

But, in case you prefer to have it, Count de Vergennes thinks it is time to join with England in making a combined application to the Court of Vienna and that of Petersburg.

So far, Gentlemen, I have been requested to speak to you. I will add, that from my last conferences on the subject, I hope we may get the harbor of L'Orient, as we have wished, for the American trade.

Be pleased to accept the a.s.surances of my great and affectionate respect.

LAFAYETTE.

DAVID HARTLEY'S COMMISSION.

George R.

George the Third, by the Grace of G.o.d, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch Treasurer and Prince Elector of the Holy Roman Empire, and so forth, to all to whom these presents shall come, Greeting.

Whereas, for the perfecting and establis.h.i.+ng the peace, friends.h.i.+p, and good understanding so happily commenced by the Provisional Articles signed at Paris, the thirtieth day of November last, by the Commissioners of us, and our good friends, the United States of America, viz; New Hamps.h.i.+re, Ma.s.sachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, and for opening, promoting, and rendering perpetual, the mutual intercourse of trade and commerce, between our kingdoms and the dominions of the said United States, we have thought proper to invest some fit person with full powers on our part to meet and confer with the Ministers of the said United States, now residing at Paris, duly authorised for the accomplis.h.i.+ng of such laudable and salutary purposes.

Now know ye, that we, reposing special trust and confidence in the wisdom, loyalty, diligence, and circ.u.mspection of our trusty and well beloved David Hartley, (on whom we have heretofore conferred the rank of our Minister Plenipotentiary,) have nominated, const.i.tuted and appointed, and by these presents do nominate, const.i.tute and appoint him, our true, certain, and undoubted Commissioner, Procurator, and Plenipotentiary; giving and granting to him all, and all manner of faculty, power, and authority, together with general, as well as special order (so as the general do not derogate from the special, nor on the contrary,) for us, and in our name, to meet, confer, treat, and conclude with the Minister or Ministers, furnished with sufficient powers, on the part of our said good friends, the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplis.h.i.+ng and completing the several ends and purposes herein before mentioned, and also for us, and in our name to sign such treaty or treaties, convention or conventions, or other instruments whatsoever, as may be agreed upon in the premises; and mutually to deliver and receive the same in exchange, and to do and perform all such other acts, matters, and things, as may be anyways proper and conducive to the purposes abovementioned, in as full and ample form and manner, and with the like validity and effect, as we ourself, if we were present, could do and perform the same; engaging and promising, on our royal word, that we will accept, ratify, and confirm in the most effectual manner all such acts, matters, and things, as shall be so transacted and concluded by our aforesaid Commissioner, Procurator, and Plenipotentiary, and that we will never suffer any person to violate the same, in the whole, or in part, or to act contrary thereto.

In testimony and confirmation of all which, we have caused our great seal of Great Britain to be affixed to these presents, signed with our royal hand.

Given at our palace at St James, the fourteenth day of May, in the year of our Lord one thousand seven hundred and eightythree, and the twentythird year of our reign.

I, David Hartley, the Minister abovementioned, certify the foregoing to be a true copy from my original commission, delivered to the American Ministers this 19th day of May, 1783.