COUNT DE VERGENNES'S 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, wishing 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, ROBERT R. LIVINGSTON TO THE COMMISSIONERS. Gentlemen, Philadelphia, May 28th, 1783. By the direction of Congress contained in the enclosed resolutions, I have the honor to transmit you the correspondence between General Washington 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 reëstablish 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 embarrassed 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 passes 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 passed 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 negociations 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 to-morrow, 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 wishing 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 1 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 reimbursement that may affect their particular interests. I have the honor to be, &c., ROBERT R. LIVINGSTON. JOHN ADAMS'S PROPOSED AGREEMENT. Articles June, 1783. Agreed upon by and between David Hartley, Minister Plenipotentiary of his Britannic Majesty for and in behalf of his said Majesty, on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, Ministers Plenipotentiary of the United States of America, for treating of peace with the Minister Plenipotentiary of his said Majesty, on their behalf, on the other part In addition to those articles agreed upon on the 30th day of November, 1782, by and between Richard Oswald, the Commissioner of his Britannic Majesty for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty, on the one part, and the said John Adams, Benjamin Franklin, and Henry Laurens, Commissioners of the said States for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part; Whereas it is expedient that intercourse and commerce should be opened between the people and territories subject to the Crown of Great Britain, and those of the United States of America, and that this intercourse and commerce should be established on the most enlarged principles of reciprocal benefit to both countries; 1st. It is agreed that Ministers shall be forthwith nominated and vested with full powers to treat, agree, and conclude upon a permanent treaty of commerce between the two Powers and their respective citizens, subjects, and countries. 2dly. For the purpose of a temporary regulation of such intercourse and commerce, it is agreed, That the citizens of the United States shall import into, and export from, any part of the dominions subject to the Crown of Great Britain, in American ships, any goods, wares, and merchandises, which have been so imported or exported by the inhabitants of the British American Colonies before the commencement of the late war, paying only the same duties and charges as the like sort of goods or merchandises are now or may be subject to, if imported by British subjects, in British ships, from any British island or plantation in America; and that the subjects of his Britannic Majesty shall import to, and export from, any part of the territories of the United States of America, in British ships, any goods, wares, and merchandise, which might have been so imported or exported by the subjects of his Britannic Majesty, before the commencement of the war, paying the same duties and charges as the like sort of goods, wares, and merchandises are now, or may be subject to if imported in American ships by any of the citizens of the said United States. This agreement to continue in force for all vessels which shall sail from any port of either party, on or before the day of and no longer; provided always, that nothing in this agreement shall at any time hereafter be argued on either side, in support of any proposition which may be made in the future negociation of a permanent treaty of commerce. VOL. V.-32 |