Papers of John Adams, volume 15

From Francis Dana, [29 July 1783] Dana, Francis Adams, John
From Francis Dana
My Dear Sir St: Petersbourg July 18th. 1783. O.S. [29 July N.S.]

’Tis done. The bolt of your Vulcan has hit its aim.1 The idea you mentioned to me some time since, relative to the use of the Credit I had asked for, and which in reply I told you was not new to me, that the same had been repeatedly thrown out here by persons, whom to suspect of sinister or interested views wou’d be deemed by some a most damnable political heresy, has crossed the Atlantic and gotten possession of Congress. I am told they will not buy a Treaty at this day.2 But pray remark what I have said in my Letter to you of the 21st. of last May relative to this subject, particularly in the last paragraph of it beginning thus “Besides I shou’d not be surprised.”3 You may turn also to my letter of the 26th. of the same month.4 But contemptible beyond all contempt, (pardon the expression) is the construction upon my Instructions. Wou’d it not put a Pettifogger out of Countenance to be detected in such a miserable thing. Pray my 180Friend are you sufficiently versed in the diplomatic science to develop the whole meaning of the term “communicate,” and of the double &c? These Lord Coke observes are very pregnant often times. And that Gentleman has read Lord Coke, and must therefore be an excellent Commentator.5 But least he shou’d not have read the Text thrõ when he made his comment, I have laid it out at its full length before him. He may now comment upon it at leisure. I have thought it too plain to need any of mine. Do not imagine my Friend that I am angry, shall I say, at this Dutch Commentator. No, I have other feelings respecting him, and our much abused Country. I recollect the cause of the Instruction we received relative to the Fishery at our departure— I recollect the fatal revocation of your powers to conclude a Commercial Treaty with G: Britain.6 I call it fatal because, if I am not deceived, We have lost forever the most important advantages of a free Commerce with the British West Indies by that measure. We might have obtained every thing at the conclusion of our preliminary Treaty if our Commissioners had had that Power. This is evident from the Bill of Mr: Pitt the Chancellor of the Exchecquer.7 This last stroke, I think, tops the system. A more favourable moment for negotiating a commercial Treaty here, will in all probability, never happen. The present views of Great Britain give us many advantages to draw forth convenient concessions. Can Russia see with indifference Great Britain holding out special favours for the encouragement of our Naval Stores? But I need not enter into particulars with you on these subjects, who have surveyed them on all sides. I send you enclosed my letter to Mr: Livingston—8

I have several times acquainted Congress of my wish & intention to return to America as soon as I had concluded a commercial Treaty with Her Imperial Majesty. In consequence of this, they have by a resolution approved of my returning “provided I shou’d not be engaged in a Negotiation with this Court at the time of receiving the resolution in which Case it is the desire of Congress that I shou’d finish such negotiation before I return.” I am not engaged in any, as I have not yet had my Audience; and to communicate but not to sign is beyond my comprehension, and I believe woud surpass theirs also. If I shou’d break thrõ this cobweb I shou’d find myself stopped short by the other matter which is essential. What is to be done in such circumstances? I answer the wisest part appears to me, is to get out of them as soon as possible. But for this last difficulty I wou’d demand my Audience as soon as the definitive 181Treaty is concluded, enter immediately upon the negotiation of a Treaty of Commerce, and maugre all comments sign, ah, and seal too, “the form and terms of a Treaty” I shou’d agree upon, with Her Majesty’s Ministers. As it is, I say to myself be gone. And will be gone.9 And may God grant I may soon have the pleasure of meeting you in our Country, and all Friends well— I will take Master John’s things under my own care. Adieu my dear Sir / Your’s &c &c


P.S. I pray you to present my most respectful regards to Mr: Jay of whom I hear every thing I cou’d wish— You will not write me again— Desire Mr. Thaxter to take all my matters under his care, along with him when he returns to America. Mr: Allen will take his passage with me. I believe he will find his account in coming here.

RC and enclosure (Adams Papers); internal address: “His Excellency John Adams / Minister Plenipotentiary &c”; endorsed: “Mr Dana. July 18. / 1783.” Filmed at 18 July.


Dana refers to JA’s letter of 22 February. There JA referred to Dana’s instructions as “Chains Strong Chains” and declared that “there is a Vulcan [the Comte de Vergennes] at Versailles whose constant Employment it has been to forge Chains for American Ministers” (vol. 14:286).


This entire letter is a commentary on Robert R. Livingston’s letter of 1 May, which transmitted Congress’ 1 April resolution approving Dana’s return to the United States but more importantly contained Livingston’s interpretation of Dana’s powers under his commission and his sense of Congress’ attitude toward the negotiation of a Russo-American treaty. Here Dana specifically refers to his request for funds to pay the customary fee to the Russian negotiators for signing a treaty. He had requested the funds in his letter of 18 Nov. 1782 to Livingston and of 25 Nov. to JA. In a 24 March 1783 letter to Dana, JA indicated that Benjamin Franklin questioned whether the fee to the Russians was necessary and wondered whether Dana was being “imposed on.” JA suggested that Dana procure a certificate from other diplomats indicating that the payment was necessary. Clearly Dana believed that Franklin’s view (see note 3) had been sent to America and was what motivated Livingston’s comment that “I am persuaded that it is the wish of Congress rather to postpone any treaty with Russia than to buy one at this day” (Wharton, Dipl. Corr. Amer. Rev. , 6:54–56, 403–404; JCC , 24:227; vol. 14:81–83, 358–359).


Of [1 June], and note 7, above, in which Dana indicates his suspicion that Franklin, with Vergennes’ support, wanted to negotiate any Russo-American treaty at Paris. Hence his comment in this letter on Livingston’s reference to buying a treaty, for which see note 2.


Of [6 June], above.


In his letter of 1 May, Livingston observed that, “with respect to a commercial treaty, none can be signed by you. Your powers only extend to ‘communicate with her Imperial majesty’s ministers on the subject of a treaty,’ &c., but not to sign it” (Wharton, Dipl. Corr. Amer. Rev. , 6:403). Livingston was referring to Dana’s instructions of 19 Dec. 1780, the sixth of which directed him to “assure her Imperial Majesty and her ministers of the sincere disposition of these United States to enter into a treaty of friendship and commerce with her” and authorized him “to communicate with her Imperial Majesty’s ministers on the form and terms of such treaty, and transmit the same to Congress for their ratification.” However, Dana’s commission of the same date appointed him a minister plenipotentiary “authorized in our name, and on behalf of the United States, to propose a treaty of amity and commerce between these United States and her said Imperial Majesty, and to confer and treat 182thereon with her ministers, vested with equal powers, . . .; transmitting such treaty for our final ratification. And we declare in good faith that we will confirm whatsoever shall by him be transacted in the premises” ( JCC , 18:1166–1173). As Dana indicates, Livingston’s construction seems somewhat tortured since there would be little point for either Dana or the Russian representatives to enter into any negotiations if he could not sign the final treaty. And if the final product of the negotiations was unsigned then it would effectively be a draft, leaving Congress nothing to ratify. Indeed, this was essentially the position taken by Dana in his reply to Livingston of 27 July 1783 (Wharton, Dipl. Corr. Amer. Rev. , 6:597–598). For Coke’s comment on Sir Thomas Littleton’s use of “&c.,” see Sir Edward Coke, The First Part of the Institutes of the Lawes of England; or, Commentarie upon Littleton, London, 1628, sect. 10.


In 1779 France opposed making the American claim to fishing rights on the Grand Banks of Newfoundland one of the peace ultimata for the Anglo-American peace treaty, so Congress instead made it a sine qua non for the proposed Anglo-American commercial treaty, both of which JA was commissioned to negotiate. When in 1781, again at France’s behest, Congress removed JA as the sole peace commissioner and created the joint peace commission, it also, almost as an afterthought, revoked his commission to conclude an Anglo-American commercial treaty. For these incidents and the shared conviction of JA and Dana that there was evidence of not just a fundamental conflict between French and American interests but a French policy of subordinating American interests to their own, see the indexes to vols. 8 through 14.


The American Intercourse Bill (vol. 14:333).


Dana’s letter to Livingston of 27 July 1783 is much like this one to JA. The principal difference is that Dana’s anger and frustration at the termination of his mission so close to success are even more evident. “This letter,” he wrote, “has come very opportunely to hand, as we are in expectation every moment of receiving the account of the conclusion of the definitive treaty of peace, when I should have immediately had my audience of her Imperial majesty. I shall now think it expedient to decline that honor, for it would be a very useless ceremony to take an audience of reception one day when the next I must ask one of departure” (Wharton, Dipl. Corr. Amer. Rev. , 6:597–598).


In his letter to Livingston of 27 July and two others of [29 July] to the loan consortium and to the Amsterdam merchant Duncan Ingraham Jr. (same; MHi:Francis Dana Letterbooks, Private, 1782–1784), Dana indicated that he would be sailing for Boston aboard the Duchess of Kingston’s yacht in about three weeks, but see Dana’s letter of 29 Sept., and note 1, below. The yacht was presumably the vessel that the exiled Elizabeth Chudleigh, Countess of Bristol and self-proclaimed Duchess of Kingston, had sailed to St. Petersburg on in 1777 ( DNB ).

To Robert R. Livingston, 30 July 1783 Adams, John Livingston, Robert R.
To Robert R. Livingston
Sir The Hague July 30th. 1783.1

I have been the more particular in my letters to you, concerning that extensive Manufacture and Commerce of refined Sugars, in this Country because the Proximity of all the Sugar Colonies to us, renders a share in it naturally usefull and convenient both to us and them. Fifty Thousand Hogsheads of raw Sugars are annually wrought in this Republick and exported at a great Profit to Germany, Denmark, Sweeden, Russia, Poland and Italy.

At Amsterdam I visited a number of respectable Merchants in order to discover their sentiments concerning the Communication between us, and their Islands and Sugar Colonies.— They all agree 183that St: Eustatius and Curaçao, are and will be commercial Islands, open and free to all our Vessells. St: Martin’s is divided between the French, the Danes and the Dutch, whose share of it does not flourish. The Colonies, upon the Continent, of Surinam, Berbice, Demerary and Essequebo are at a greater distance from us. But they will be open to our Vessells and their Cargoes, because they all agree, that those Colonies, cannot Subsist without our Horses, Lumber, and Provisions, nor without the sale to us of their Melasses. We shall be allowed to take in return Melasses, with which some Quantities of Sugar, Coffee, and other Produce, are always Smuggled as they say. But altho’ nothing has been as yet determined it is the general Opinion that the Produce of the Colonies must be brought home in Dutch Ships as heretofore, Melasses excepted.

From the Secretary of the West India Company, I have obtained a few Minutes, in so bad French that I almost despair of rendering it intelligible I have attempted it, however in the following Translation. viz.

“In the Grant of the West India Company, renewed or more properly newly erected in the year 1700, continued in 1730, prolonged afterwards in the year 1760 for two years, and in the year 1762. from the first of January, to the 31st. of December 1791, are found the Limits fixed, only for the Inhabitants of these Seven united Provinces under the name of the united Company of these Provinces upon the Coast and Country of Africa, computing from the Tropick of Cancer, to the Southern Latitude of the Equinoxial Line, with all the Islands in this district situated upon the said Coast, and particularly the Islands of St: Thomas, Annebon, Island of Principa, and Fernando Polo, as also the Places of Essequebo and Baunominora situated upon the continental Coasts of America, as also the Islands of Curaçao, Amaba and Buonaire all the other Limits of the ancient Grant being open for the Commerce of all the Inhabitants of the Republick without exception, upon Condition however, that if the Company Oriental and Occidental should judge proper to navigate to the Islands situated between the Coasts of Africa, and America beginning at the Assention and further South, or any of them, and should occupy it before any other, should have a private Grant with exclusion of all other, for so long time as it shall occupy its places, and in case they should desist, these Places should return under the Second Class open for the Navigation of every Individual of the Republick, paying an Acknowledgment &c.

That the said Particulars, trading in the said Districts, shall be 184obliged to acknowledge the Western Company, and to pay them for the Right of Convoy, and consequently in form of Acknowledgment, viz: for the Productions and Merchandizes for the West Indies, two per Cent and returning from thence into these Provinces two per Cent more, for the Commodities in return. and further the Ships navigating to Places, further distant in America, contained in the ancient Grant both in going and returning, should pay, five Florins per Last, or more or Less, according as their High Mightinesses shall judge proper to determine hereafter. observing nevertheless, that these five Florins per Last, shall not be demanded of Ships navigating to the Carabbee Islands, which shall pay the ordinary duty for Convoy to the Colledges of the Admiralty, from which they sail, and the said private Navigators shall be held, moreover, for the Satisfaction of the Western Company, to give sufficient Caution, that they will not Navigate nor cause to be Navigated, the Places contained in the first Class ceded to the said Company, with Exclusion of all others.

And if any one is found to act Contrary, and to navigate to any Place situated in the prescribed Limits, and granted to the Company, his Ship and Cargo Shall be confiscated and attacked in Force, by the Ships belonging to the said Company and if such ships and Merchandizes or Commodities shall be sold, or entered into any other Country, or foreign Port the owner and his Accomplice Shall be liable to Execution, for the Value of the said ships and Merchandizes or Commodities.

The Company has also the Right to require an Acknowledgment of all tho[se] who shall navigate, import or export any Merchandize to or from Places belongin[g to] the said Company notwithstanding they may be Subject and may belong to the Domination of other things or Princes, situated within the Limits stipulated in [the] Grant; and especially of every foreign Vessell, bringing any Commodities or Merchan[dizes,] from the West Indies or the Limits stipulated in the Grant, unto these Provinces, whether upon its own account on freight, or on Commission, whether such foreign Vessell shall come directly, from the West Indies and the Limits of the Gra[nt,] into these Provinces, or whether she shall have carried her Cargo to other Count[ries] or Kingdoms for what Reason so ever this may be. Exception, only in case the Merc[han]dizes of the Proprietor, should by Negotiation, be changed in nature, and that the Duty of this Country, fixed to the Place, should be Paid, which any 185one alledging shall be obliged to prove, Sufficiently, according to the Amount of the Merchandizes.

Declaring, moreover, for further Elucidation of the said, Grant, that under the Name of the New low Countries, in Consequence of the three per Cent, which [the] Company has a right to require for the Merchandizes sent there or bought from thence, is understood, that part of North America, which extends itself West and South of the northern Part of Newfoundland as far as the Cape of Florida, to the River of Oronoque, and the Islands of Curaçao. For what concerns the other Places of Am[erica] contained in the most ancient and precedent Grant in regard to the five Florins per Last, upon the Vessells there navigating shall be understood all the Caraibbee Islands, Cuba, Jamaica, Hispaniola and Porto Rico as also all the Coasts and Countries computing from the river Oronoque, aforesaid, by the straights of Magellan, Le Maire or other passages or Straights situated under these, as far as the streight of Anjan, both upon the Sea of the North, and the Islands situated on the other side, and between them, as also the Southern Countries situated between the two Meridians, touching at the East the Cape of Good Hope and in the West, the Eastern part of New Guinea inclusively”

If this Paper is not very clear to Congress, it is not more so to me, and perhaps to the Dutch themselves. There is a Dispute likely to arise between the West India Company and the Colledge of the Admiralty about it; which will [be] explained further, as it proceeds, by whatever Minister you may send here.

Upon the whole Matter of our Communications with the European Establishments in the West Indies—We shall carry freely our Commodities to the French and Dutch, excepting perhaps Flour to the French, which however will be carried I suppose to St Lucie and Port Royal, as well as to St: Eustatius and Curaçao, St: Thomas and St: Martin’s, and there sold to any Nation that will purchase it. Melasses and Rum we shall bring away freely from the French and Dutch. And if we can obtain of them the Liberty of carrying Sugars, Coffee &c. from their Possessions in the West Indies to their Ports in Europe giving Bonds with Surety, to land them in Such Ports it will be as much as we can expect, if they will allow raw Sugars, Coffee, Cotton &c. to be sent freely to the United States in their own Vessells, this would be an Advantage for us, tho’ not so considerable as to bring them in ours.

What the English will do is uncertain. We are not to take the Late 186Proclamation for a Law of the Meeds.2 The Ministry who made it are not firm in their seats, if Shelburne comes in we shall do better; and to be prepared to take Advantage of so probable an Event, you should have a Minister ready. We have one infallible Resource if we can unite in laying a Duty or a Prohibition But this Measure need not to be hastily taken, because by Negotiation I apprehend the Point may be carried in England; to this end it may be proper to instruct your Minister, and authorize him to Say that the States will find themselves obliged against their Inclinations, to lay a Prohibition or an heavy Duty upon all the West India Goods, imported, and all American Productions exported in British Bottoms, if the Trade is not regulated by Treaty upon an equitable Footing.

With great Respect and Esteem, / I have the Honour to be, Sir, your / most obedient and most humble / Servant

John Adams.3

RC in JQA’s hand (PCC, No. 84, V, f. 57–63); internal address: “R. R. Livingstone Esqr: / Secretary of foreign Affairs”; endorsed: “Mr Adams 30 July / 1783.” LbC (Adams Papers); APM Reel 106. Text lost due to a tight binding has been supplied from the LbC.


JA and JQA returned to The Hague on this date (JQA, Diary , 1:176).


A reference to Daniel, 6:15: “Then these men assembled unto the king, and said unto the king, Know, O king, that the law of the Medes and Persians is, That no decree nor statute which the king establisheth may be changed.”


In JA’s hand.