Adams, Franklin, and Jay to Dana.*

PARIS, December 12, 1782. SIR: We have the honor to congratulate you on the signature of the preliminary treaty of peace between his Britannic majesty and the United States of America, to be inserted in the definitive treaty when France and Britain shall have agreed upon their terms. The articles, of which we do ourselves the honor to enclose you a copy, were completed on the 30th of last month.

To us, at this distance, the present opportunity appears to be the most favorable for you to communicate your mission to the ministers of the Empress of Russia and to the ministers of the other neutral powers residing at her court, and if you have no objections we presume you will wish to be furnished with the enclosed paper to communicate at the same time.

We heartily wish you success, and if you should inform us of a fair prospect of it, we shall propose an article in the definitive treaty to secure the freedom of navigation, according to the principles of the late marine treaty between the neutral powers.

With great respect, we have the honor to be, &c.,

JOHN ADAMS.

B. FRANKLIN.
JOHN JAY.

Adams, Franklin, Jay, and Laurens to Livingston.

PARIS, December 14, 1782. SIR: We had the honor to congratulate Congress on the signature of the preliminaries of a peace between the crown of Great Britain and the United States of America, to be inserted in a definitive treaty so soon as the terms between the crowns of France and Great Britain shall be agreed on. A copy of the articles is here enclosed, and we can not but flatter ourselves that they will appear to Congress, as they do to all of us, to be consistent with the honor and interest of the United States; and we are persuaded Congress would be more fully of that opinion if they were apprized of all the circumstances and reasons which have influenced the negociation. 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 2, 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. They contended that Nova Scotia should extend to the

5 Sparks' Dip. Rev. Corr., 471.

MSS. Dep. of State: 5 Sparks' Dip. Rev. Corr. 472, with verbal changes; 8 J. Adams' Works, 18.

river Kennebec; 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 within 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, and having no reason to think that lines more favorable 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, divides the Lake Superior, and gives us access to its western and southern waters, from which a line in that latitude would have excluded us.

REMARKS ON ARTICLE 4, 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 and 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; 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 AND 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, the respect which both in London and Versailles is supposed to be due to the honor, dignity, and interest 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 considered that it was utterly impossible to render this article perfectly consistent both with American and British ideas of honor, we presume that the middle line adopted by this article is as little unfavorable 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 strengthened than otherwise, we thought it advisable to allow them the extent contained in the separate article, especially as before the war it had been annexed by Britain to West 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 negociations was Mitchell's.

As we had reason to imagine that the articles respecting the boundaries, the refugees, and 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. 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, appeared surprised, but not displeased, at their being so favorable to us.

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.

With great respect, we have the honor to be, sir, your most obedient and most humble servants,

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY,

HENRY LAURENS.

J. Adams to Livingston.*

PARIS, December 14, 1782.

SIR: There is more matter than time to write at present. The King of Sweden has done the United States great honor in his commission to his minister here to treat with them, by inserting that he had a great desire to form a connexion with States which had so fully established their independence and by their wise and gallant conduct so well deserved it, and his minister desired it might be remembered that his sovereign was the first who had voluntarily proposed a treaty with us.f

MSS. Dep. of State; 4 Sparks' Dip. Rev. Corr., 3.

+ See on this subject, Franklin to Livingston, June 25, 1782.

Mr. Secretary Townshend announced, on the 3d of December, in a letter to the lord mayor, the signature of our preliminaries. On the 5th his majesty announced it in his speech to both Houses. Addresses of thanks in both Houses passed without a division.

There is a note in the Courier de l'Europe of the 6th instant worth transcribing, viz: "We mark these three lines in italics, to notice at present the assertion, which we shall consider more fully hereafter, that we do not owe to any of the causes assigned at present, even in the two Houses of Parliament, the peace, the blessings of which we consider as certain, but to the armed neutrality. This peace will be durable."

I have transcribed this note, because it falls in with an opinion that I have long entertained. The armed neutrality, and even Mr. Dana's mission to it, have had greater effects than the world is yet informed of, and would have had much greater if his hands had not been tied.* On the 4th instant I wrote a resignation of all my employments in Europe, which I have now the honor to confirm, and to request that the acceptance of it may be transmitted to me several ways by the first ships.

I have the honor to be, &c.,

Franklin to Morris.t

JOHN ADAMS.

PASSY, December 14, 1782.

SIR: I received duly your several letters by Captain Barney, and the one of October 27th since. I immediately made the application, so strongly pressed by the Congress, for a loan of four millions of dollars. I annexed to my memoir the resolves of Congress, with copies and extracts of your several letters and those of Mr. Livingston upon the subject, all of which appeared to me extremely well written for enforcing the request. I was at last told that it would be a difficult thing to furnish such a sum at present, but it would be considered. It was much wondered at that no letters were brought by the Washington for Count de Vergennes, as several were come to the secretary of war, M. de Ségur, and to the Marquis de Castries, secretary of the marine; and

*How entirely mistaken this is is shown by the first volume of the Memoirs of the first Lord Malmesbury. He, when Sir James Harris, was British minister at St. Petersburg, and his letters show that even after peace was declared Dana was refused a reception by the Empress, and that during the war pressure on his part for recognition would have met with a repulse as mortifying as that given in Prussia to William Lee. At this particular period Prussia and Russia were acting in close concert and with the same foreign policy, and while willing to see England defeated, had no desire to recognize what they considered an insurrection until it was formally recognized by the parent state.

19 Sparks' Franklin, 445; 8 Bigelow's Franklin, 224.

the next time I waited on the minister I was told that nothing could be done till the despatches from M. de la Luzerne were received.

I inquired of Captain Barney, who told me he believed M. de Forest had them, who left him to go to Paris by way of Nantes.

M. de Forest was a week or ten days before he arrived at Paris, and he had not the despatches.

After a fortnight had thus passed I sent Captain Barney down to search for them in his ship. He there found them, and in about eight days more they arrived and were delivered. I have since continually pressed for a favorable answer. The Marquis de la Fayette has likewise been importunate, but we could only learn that there was yet no decision. The negotiations for peace were going on, and I ascribed the delay partly to the uncertainty of the event, which might make a less sum sufficient if it succeeded, or a greater necessary, if the war was still to be continued. I believe, too, that the new loan meditated for this gov ernment, but not ascertained, might cause some suspension. But whatever are the causes, the fact is that though I understand we are to be aided, I am still ignorant what the quantum will be, or when it can be obtained. I have detained Captain Barney, hoping he might carry a part of it; but seeing that so very uncertain, the commissioners for the treaty here urge me to send him away with the preliminary articles, and take some other opportunity of sending money when we get it. Perhaps we can make use of the Alliance, which is now out upon a crnise.

Of the amount of Mr. Adams' loan in Holland I have no certain account. He thinks it may be between one million five hundred thousand and one million seven hundred thousand florins. Mr. Grand obtained a part of it to pay the interest of the Dutch loan, which is done. But he will acquaint you better with the state of his funds than I can do. He tells me he will restate his accounts as you desire.

The shipping of the stores from Brest is wholly in the hands of Mr. Barclay. He will likewise take care of those which are unloaded out of the three transports at Rochefort, that were to have gone with convoy in May last, and have ever since been detained there unaccountably, which I did not know until lately. The four Jamaica ships, brought in by the Alliance, will furnish him with money for paying charges.

The accounts of goods brought to replace the Fayette's cargo have been sent you by several opportunities; I hope you have them by this time.

I am extremely glad to be freed from your money accounts and the payment of bills, and I hope this will be the last application I shall be charged with to borrow. In a former letter I requested you to be attor ney to receive and remit my salary, which I now repeat. The friends of the Duke de Lauzun, who is an officer in the French army, having occasion to send him some money, requested me to furnish bills. To