Volume VI Part 8 (1/2)

ARTICLE I.

The re-establishment of peace in America shall be negotiated between Great Britain and the American Colonies, but without the intervention of any of the other belligerent parties, nor even with that of the two Imperial Courts, unless their mediation should be formally asked and granted upon this object.

ARTICLE II.

This separate peace cannot, however, be signed, but conjointly, and at the same time with that of those powers whose interests shall have been negotiated by the mediating Courts, for this reason, although each peace may be separately treated, yet they cannot be concluded without each other. Care shall be taken to inform the mediators with certainty of the measures and state of that, which regards Great Britain and the Colonies, to the end, that the mediation may be able to regulate the measures intrusted to it, by the state of the negotiation relating to the colonies, and both of the pacifications, which shall have been concluded at the same time, although separately, shall be solemnly guarantied by the mediating Courts, and every other neutral power, whose guarantee the belligerent parties may think proper to claim.

ARTICLE III.

To render the negotiations for peace independent of the events of war, always uncertain, which may put a stop to, or at least r.e.t.a.r.d their progress, there shall be a general armistice between all parties during the term of a year, reckoning from ---- of the month of ---- of the present year, or of ---- years, reckoning from ---- of the month of ---- of the year 1782, should it happen that peace should not be re-established in the first period, and whilst the duration of either of these periods continue, everything shall remain in the state in which they shall be found at signing the present preliminary articles.

TO THE COUNT DE VERGENNES.

Paris, July 13th, 1781.

Sir,

I have the honor to enclose to your Excellency some remarks upon the articles, to serve as a basis of the negotiation for the re-establishment of peace, which you did me the honor to communicate to me.

As I am unacquainted, whether you desired my sentiments upon these articles merely for your own government, or with a design to communicate them to the Imperial Courts, I should be glad of your Excellency's advice concerning them. If your Excellency is of opinion there is anything exceptionable, or which ought to be altered, I should be glad to correct it; or if I have not perceived the points, or questions, upon which you desired my opinion, I shall be ready to give any further answers.

I have the honor to be, &c.

JOHN ADAMS.

ANSWER

_Of the Minister Plenipotentiary of the United States of America, to the Articles to serve as a Basis to the Negotiation for the Re-establishment of Peace._

ARTICLE I. The United States of America have no objection, provided their allies have none, to a treaty with Great Britain, concerning the re-establishment of peace in America, or to another concerning the re-establishment of commerce between the two nations, consistent with their obligations to France and Spain, without the intervention of any of the other belligerent parties, and even without that of the two Imperial Courts, at least, unless their mediation should be formally demanded and granted upon this object, according to the first article communicated to me.

ART. II. The United States have nothing to say, provided their allies have not, against the second article.

ART. III. To the armistice, and the _statu quo_, in the third article, the United States have very great objections, which indeed are so numerous and decisive, and at the same time so obvious, as to make it unnecessary to state them in detail.

The idea of a truce is not suggested in these articles; but as it is mentioned in some observations shown me by his Excellency, the Count de Vergennes, it may be necessary for me to add, that the United States are so deeply impressed with an apprehension, that any truce whatsoever would not fail to be productive of another long and b.l.o.o.d.y war at the termination of it, and that a short truce would be in many ways highly dangerous to them, that it would be with great reluctance that they should enter into any discussion at all upon such a subject.

Two express conditions would be indispensable preliminaries to their taking into consideration the subject of a truce at all. The first is, that their allies agree, that the treaties now subsisting remain in full force during and after the truce, until the final acknowledgment of their independence by Great Britain. The second is, the antecedent removal of the British land and naval armaments from every part of the United States. Upon these two express conditions as preliminaries, if a truce should be proposed for so long a period, or for an indefinite period, requiring so long notice, previous to a renewal of hostilities, as to evince that it is on the part of Great Britain a virtual relinquishment of the object of the war, and an expedient only to avoid the mortification of an express acknowledgment of the independence and sovereignty of the United States, they, with the concurrence of their allies, might accede to it.

It is requisite, however, to add; first, that the United States cannot consider themselves bound by this declaration, unless it should be agreed to before the opening of another campaign. Secondly, that it is not in the power of the Crown of Great Britain, by the const.i.tution of that kingdom, to establish any truce, or even armistice with the United States, which would not be illusory without the intervention of an act of Parliament, repealing or suspending all their statutes, which have any relation to the United States, or any of them. Without this, every officer of the navy would be bound by the laws, according to the maxims of their const.i.tution, to seize every American vessel that he should find, whose papers and distinction should not be found conformable to those statutes, and every French, Spanish, Dutch, or other foreign vessel, which he should find going to, or coming from America; notwithstanding any convention that is in the power of the Crown to make.

After all, the greatest difficulty does not lie in anything as yet mentioned. The great question is, in what character are the United States to be considered? They know themselves to be a free, sovereign, and independent State, of right and in fact.

They are considered and acknowledged as such by France. They cannot be represented in a Congress of Ministers from the several powers of Europe, whether their representative is called Amba.s.sador, Minister, or Agent, without an acknowledgment of their independence, of which the very admission of a representative from them is an avowal. Great Britain cannot agree with their representative upon a truce, or even an armistice, without admitting their freedom and independence.

As there is upon earth no judge of a sovereign State, but the nation that composes it, the United States can never consent, that their independence shall be discussed or called in question by any sovereign or sovereigns, however respectable, nor can their interests be made a question in any Congress, in which their character is not acknowledged, and their Minister admitted. If, therefore, the two Imperial Courts would acknowledge and lay down as a preliminary, the sovereignty of the United States, and admit their Minister to a Congress, after this, a treaty might be commenced between the Minister of Great Britain and the Minister of the United States, relative to a truce, or peace and commerce, in the manner proposed, without any express acknowledgment of their sovereignty by Great Britain, until the treaty should be concluded.