Papers of John Adams, volume 14

Proposed Articles for an Anglo-American Commercial Treaty, [ca. 27 April 1783] Adams, John Franklin, Benjamin Hartley, David Jay, John Laurens, Henry

Proposed Articles for an Anglo-American Commercial Treaty

[ca. 27 April 1783]1

Article.

Commerce to be in force for Five Years unless sooner altered by a Treaty of Commerce2

1. It is agreed that so soon as his Britannic Majesty, shall have withdrawn all his Armies Garrisons and Fleets, from the Said United states and from every Port Place and Harbour within the Same, according to the 7 Article of the Provisional Treaty of 30 Nov. 1782

all Ports in the Dominions of either Party shall be mutually open for Intercourse and Commerce.3

2. The King of Great Britain agrees for the Repeal of the Prohibitory Acts of 16 Geo. 3 Chapt. 5.—and by Instructions according to the Laws of Great Britain, to the Commissioners of his Customs and other officers to remove all Obstructions to American ships, either entering inwards or clearing outwards, which may arise from any Acts of Parliament, heretofore regulating the Commerce of the American States, under the Description of British Colonies and Plantations, so as to accommodate every Circumstance to the Reception of their ships as the ships of independent States.4

3. All Duties, Drawbacks, Bounties Rights Priviledges and all other Money Considerations Shall remain respecting the United states of America and each of them, their Citizens and People upon the Same footing as they now exist respecting the Province of Nova scotia in America.5 all this subject however to Regulations or Alterations by any future Acts of the Parliament of Great Britain.

4. On the Part of the United States of America it is agreed that all Laws prohibiting the Commerce with Great Britain shall be repealed.6

5. It is agreed, on the Part of the same states, that all Ships and Merchandizes of the British Dominions Shall be admitted upon the same Terms as before the War, excepting any Imposts heretofore laid. All this however subject to future Regulations or Alterations by the Legislature of American States respectively.—7

MS (Adams Papers); endorsed: “A. Project of / Articles of Commerce / from Mr Hartleys.”; filmed at [Dec. 1782 – June 1783].

For JA's drafting of this plan, see the Draft Articles to Supplement the Preliminary Anglo-American Peace Treaty, [ca. 27 April], descriptive note and note 1, above. The 454reference in the endorsement to “Mr Hartleys” is to David Hartley's “Breviate of the Treaty viz Provisional for Intercourse & Commerce between G. B. & the United States of America,” which he enclosed in his 12 March letter to Benjamin Franklin and which JA used as the basis for his draft (Adams Papers; Wharton, Dipl. Corr. Amer. Rev. , 6:290–291). For JA's modification of Hartley's plan, see notes 2, 3, 5, and 7.

The five-year limit was not in Hartley's proposal.

In Hartley's proposal the first article read, “that all Ports shall be mutually open for Intercourse and Commerce.”

With minor changes in wording, this article is virtually identical to Art. 2 in Hartley's proposal.

In Hartley's proposal the remainder of this sentence read “or as if the aforesaid States had remained dependent upon Great Britain.”

With minor changes in wording, this article is identical to Art. 4 in Hartley's proposal.

With minor changes in wording, this article is virtually identical to Art. 5 in Hartley's proposal, but there it is followed by an Art. 6 that reads “the Principles & Spirit of this Treaty to be supported on either Side by any necessary supplemental arrangements No tacit Compliance on the Part of America in any subordinate Points to be argued at any time hereafter to the Prejudice of their Independence.—”

To John Hancock, 28 April 1783 Adams, John Hancock, John

To John Hancock

Sir, Paris April 28th. 1783

Mr. Hartley, his Britannic Majesty's Minister Plenipotentiary for negociating the definitive Treaty, has requested of me in the Name of the Prince Carominico, the Neapolitan Ambassador at the Court of St. James's, Letters of Introduction for his Cousin Il Comte di Vermé, who is going to visit America.1

He will be happy in an Opportunity to see so illustrious an American as the Governor of Massachusetts, for which Reason I take the Liberty to introduce him to your Excellency.

We are waiting with all the Patience We have, for News from America, and for the Completion of the definitive Treaty, but the Conferences are too slow for my Pulse.

If there should be a Congress of Ministers of the late belligerent & Neutral Powers, it is impossible to foresee how much precious time will be wasted— If not, the definitive Treaty will be soon signed.

With great Respect, I have the honor / to be your Excellency's &c

LbC in John Thaxter's hand (Adams Papers); internal address: “His Excellency / John Hancock Esq:”; APM Reel 108.

Francesco d’Aquino, Principe de Caramanico, was the Sicilian ambassador to Britain from 1781 to 1784. His cousin, Conte Francisco dal Verme of Milan, visited the east coast of the United States later in 1783 ( Repertorium , 3:424; JA, D&A , 3:113–114). At Hartley's request, JA wrote similar letters on the same date to James Bowdoin and Benjamin Lincoln (both LbC's, APM Reel 108).

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