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	(unpublished)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.