The American Commissioners to Robert R. Livingston
(unpublished)
Paris, Decr. 14, 1782.
We have the honour to congratulate Congress in the Signature of
the Emissaries of a Peace between the Court of Great Britain &
the United States of America to be inscribed in a definitive
treaty so soon as the terms between the Crowns of France & Great
Britain shall be agreed on. A Copy of the Articles is here
Enclosed, and we cannot but flatter ourselves that they will
appear to Congress as they do to all of us to be consistent with
the honour and Interest of the United States and we are persuaded
Congress would be more fully of that Opinion if they were apprised
of all the Circumstances and Reasons which have influenced the
Negotiation. 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 2nd. relative to Boundaries.
The Court of Great Britain insisted on retaining all the
Territories comprehended with the Province of Quebec, by the Act
of Parliament respecting it. They contended that Nova Scotia
should extend to the River Kennebeck; and they claimed not only
all the Lands in the Western Country; and on the Mississippi,
which are not expressly included in our Charter and Governments,
but also all such Lands within them as remained ungranted by the
King of Great Britain: It would be endless to ennumerate all the
Discussions and Arguments on the Subject. We know this Court and
Spain to be against our Claims to the Western Country, and having
no Reason to think that Lines more favourable 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 Superiour and gives
us Access to its Western & Southern Waters, from which a Line in
that Latitude would have excluded us.
Remarks on Article 4th. respecting Creditors.
We had 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 & good
Policy.
In our Opinion no Acts of Government could dissolve the
Obligations of Good Faith, resulting from lawfull Contracts
between Individuals of the two Countries, prior to the War. We
know 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 & 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 the honour, Dignity and Interests 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 the Article perfectly consistent both with American and
British Laws of Honour, we presume that the middle Line adopted by
this Article is as little unfavourable to the former as 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
strengthen’d than otherwise, we thought it adviseable to allow
them the Extent contained in the Separate Article, especially as
before the West had been annex’d by Britain to W. 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
Negotiations was Mitchells.
As we had reason to imagine that the Articles respecting the
Boundaries the Refugees & 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 appear’d
surprized, but not displeased, at their being so favourable 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 honour to be, Sir, Your most
obedient, & most humble Servants.
Enter’d on the Minutes.
The honble. Robert R. Livingston Esqr.
Secretary for Foreign Affairs.