The American Commissioners to the Duke of Dorset (unpublished)

The 28th of Octr. the Plenipotentiaries wrote the following Letter to the Duke of Dorset:

Passy near Paris Octr 27. 1784.
My Lord Duke

The United States of America in Congress assembled judging that an intercourse between the subjects of his Britannic Majesty and the citizens of the said States founded on the principles of equality reciprocity and friendship may be of mutual advantage to both nations, on the 12th day of May last, issued their commission under the seal of the said States to the Subscribers as their Ministers plenipotentiary, giving to them or the majority of them full power and authority, for them the said States and in their name, to confer, treat and negotiate with the Ambassador, Minister or Commissioner of His said Britannic Majesty vested with full and sufficient powers, of and concerning a Treaty of Amity and commerce, to make and receive propositions for such treaty and to conclude and sign the same, transmitting it to the said United States in Congress assembled for their final ratification.

Of the receipt of these powers and of our being ready to enter on the execution of them, we gave information to Mr. Hartley who had been appointed on the part of his Britannic Majesty to treat on the same subjects with the Ministers of the United States, and we received through him assurances from his Court “of their ready and friendly disposition to receive proposals from the United States for the forming such regulations as might tend to the mutual and reciprocal advantage of both countries.” The subsequent return of this Minister to London renders it proper for us to repeat to your Excellency these communications, to express to you the satisfaction with which we have received assurances of the friendly disposition of the Court of London, and to inform you that we shall be ready to make proposals on our part as soon as they shall be pleased to advise us of the person to whom they would chuse to have them addressed. With great respect we have the honour to be Your Excellencys Most obedient and Most humble Servants

John Adams
B. Franklin
T. Jefferson
His Grace the Duke of Dorset Ambassador from His Britannic Majesty at the Court of Versailles.
Passy Octr. 28th. 1784.
My Lord Duke

While Mr. Hartley was here as Minister from the Court of Great Britain, we had the honour of mentioning to him, that we were instructed by the Congress to treat on some points distinct from any regulations of commerce. He communicated this to his Court and the very satisfactory answer which he received and made to us of its good disposition and willingness to receive and consider any propositions that might tend to promote and secure a good understanding between the two countries, confirm us in the opinion that those we have to make will be readily taken into consideration. For that purpose we now communicate them to your Excellency as follows:

In the Preliminaries of Peace between England and France signed on the 20th of January 1783 and acceded to the same day by the Ministers of the United States, the clause relative to Captures is in these words viz. “Les Vaisseaux et éffets qui pourrient être pris dans la Manche et dans les Mers du Nord, aprés l’espace de douze jours a compter depuis la ratification des presens Articles preliminaires, seront de part et d’autre restitués, que le terme sera d’un Mois depuis la Manche et les Mers du Nord jusqu’aux Isles Canaries inclusivement, soit dans l’Ocean: soit dans la Mediterranie; de deux Mois depuis les dites Isles Canaries jusqu’a la ligne equinoctiale ou l’Equateur: et enfin de cinq Mois dans tous les autres endroits du Monde, sans aucune exception ni autre discription plus particuliere de tems et de Lieux.” On this article some doubts have arisen, and the final decision of sundry Captures and questions of Insurance have been suspended ’till those doubts should be obviated. This may be done we think by agreeing to insert the words jusqu’a la latitude des Isles Canaries, instead of jusqu’aux Isles Canaries; and also the words depuis la latitude des dites Isles Canaries instead of depuis les dites Isles Canaries; it being apparent from the mention of the Mediterranean as in the same stage with the Canaries and of the Equinoctial Line as the next stage, that the line of latitude of the Canaries was intended.

The fourth article of the definitive Treaty declares it to be agreed that the Creditors on either side shall meet with no legal impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.

It is undoubtedly just that Law should rather aid than impede the execution of bona fide contracts; but there are some unusual circumstances attending the english debts in America contracted prior to the war, that seem to merit consideration, and to shew the reasonableness and utility of explaining and modifying that article, by some provisions which we have to propose, that may make the collection of such debts more practicable and more advantageous to the Creditors as well as Debtors than the methods that are otherwise likely to be pursued.

We have further to propose that provision should be speedily made for the satisfaction of the Masters whose Negroes were carried away with other property, contrary to the express stipulations of the 7th Article of the Treaty. And farther we propose that measures be taken for liquidating the charges of Prisoners of War on both sides, in order to payment of the ballance.

We apprehend that a fair, equitable and friendly discussion and adjustment of these matters may contribute much to a future good understanding and amity between the two Countries—With that view we have stated them and shall hold ourselves ready to meet and confer thereon with any Minister authorized by your Court for the purpose; and are with great esteem and respect Your Excellencys Most obedient and Most humble Servants

John Adams
B. Franklin
T. Jefferson
His Grace The Duke of Dorset Ambassador from His Britannic Majesty &c. &c &c
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