The First Official Act Implementing the Peace Treaty between Great Britain and the United States That Ended the American Revolution

One of the earliest official documents denoting the end of the American Revolution

 

A passport for the ship Charming Molly, which had engaged in bring European immigrants to America, signed by all three American negotiators

 

An extraordinary rarity off the market for a century

 

This document reached the market in 1931, when it was sold at Anderson, previously having sold at Henkels Auction and identified as having belonged to attorney Henry Goldsmith of New York. It was bought by Dr. Otto O. Fisher, a prodigious collector who died in 1961, and it remained in the possession of his descendants until we obtained it; so this document has not been offered for sale in nearly 100 years.

 

Reference for research, publication, and institutions: Raab F13.101

Benjamin Franklin, the most distinguished scientific and literary American of his age, was the first American diplomat. He served from 1776 to 1778 on a three-man commission to France charged with the critical task of gaining French support for American independence. French aristocrats and intellectuals embraced Franklin as the personification of the New World Enlightenment. His likeness appeared on medallions, rings, watches, and snuffboxes, while fashionable ladies adopted the coiffure a la Franklin in imitation of the fur cap he wore instead of a wig. His popularity and great diplomatic skill – along with the first American battlefield success at Saratoga – convinced France to recognize American independence and conclude an alliance with the United States in 1778. Franklin presented his credentials to the French court in 1779, becoming the first American Minister (the 18th American century equivalent of ambassador) to be received by a foreign government. Franklin’s home in Passy, just outside Paris, became the center of American diplomacy in Europe. In 1783, he negotiated the peace treaty with Great Britain ending the Revolutionary War and acknowledging American independence. When Thomas Jefferson succeeded Franklin in 1785, the French Foreign Minister, Vergennes asked: “It is you who replace Dr. Franklin? ” Jefferson replied, “No one can replace him, Sir; I am only his successor.”

Elected President of the Continental Congress at age 32, John Jay was a bright and capable lawyer from a well-to-do New York merchant family. On September 27, 1779, Jay was appointed Minister to the Spanish Court and entrusted with the difficult task of obtaining support for the American cause and recognition of American independence. On April 12, 1779, Spain secretly agreed to join France in waging war on the British. Jay spent over 2 years in Madrid, but was effectively cut off from the court, though he had skillfully obtained the good will of the principal Spanish minister, the Conde de Floridablanca. Although no friend to Britain, Floridablanca worried about American claims to lands west of the Appalachians and navigation rights on the Mississippi River and feared that the flames of the American revolution might spread to Spanish colonies in the Americas. No Spanish alliance with the United States could be completed, but Jay became a Peace Commissioner in Paris who helped to negotiate the peace with Great Britain ending the War for Independence. He became the first Chief Justice of the U.S. Supreme Court.

John Adams was the Atlas of the American Revolution. He represented the United States in France from 1778-1779, and returned to Paris in 1780 as a Peace Commissioner charged by the Continental Congress with negotiating a peace treaty with Great Britain. Unable to get the British to begin peace negotiations in 1780, in January 1781 Adams moved to Amsterdam as Minister to the Netherlands. He was successful in negotiating a loan from Dutch bankers for the virtually bankrupt United States, and in April 1782, he finally won Dutch recognition of American independence. in September of 1782, Adams received a letter from John Jay who was in Paris. Jay informed Adams that the British emissary, Richard Oswald, had informed him that the British were looking to sue for peace. Adams returned to Paris immediately, where he took part, with Franklin and Jay, in negotiating the peace treaty – the Treaty of Paris – ending the Revolution.

The year 1782 saw the approach of peace. Franklin rejected initial peace overtures from Great Britain for a settlement that would provide the thirteen states with some measure of autonomy within the British Empire. Franklin insisted on British recognition of American independence and refused to consider a peace separate from France, America’s staunch ally. Franklin did agree, however, to negotiations with the British for an end to the war. Joined by John Adams and John Jay, Franklin engaged the British in formal negotiations beginning on September 27, 1782. Two months of hard bargaining resulted in preliminary articles of peace in which the British accepted American independence and boundaries, resolved the difficult issues of fishing rights on the Newfoundland banks and prewar debts owed British creditors, promised restitution of property lost during the war by Americans loyal to the British cause, and provided for the evacuation of British forces from the United States. The preliminary articles signed in Paris on November 30, 1782, were only effective when Britain and France signed a similar treaty, which French Foreign Minister Vergennes quickly negotiated. France signed preliminary articles of peace with Great Britain on January 20, 1783, and a formal peace – the Treaty of Paris – was signed on September 3, 1783. In the eyes of the world, the United States was officially in existence.

Capt. Robert David Gill was born in Ireland and immigrated to America about 1737. As early as 1773, he was the master (captain) of the ship “Charming Molly”, a ship with a fascinating history. In 1773, under his captaincy, the Charming Molly – a ship with a history of bringing immigrants from Europe to the United States – brought cargo and German immigrants on a run from Rotterdam to Philadelphia. In 1757 the Charming Molly had been one of the ships that were contracted to take provisions from Portsmouth, New Hampshire, often its home port, to Nova Scotia and to help deport Acadians to Louisiana.

With the original preliminary agreement signed in November 1782, it was clear that the end of the war was imminent and all reasons for a continued halt in trade between the fledgling United States and Great Britain were removed, and the sooner trade resumed, the better for both parties.

In very late January, intent was issued for a cessation of hostilities. But tangible steps had to be taken to implement the peace treaty. The first official act between the former belligerent nations would be resumption of trade and the free movement of vessels in areas that had formerly been the scene of hostilities. This would be accomplished by exchanging ships’ passports to vessels that needed protection until the news of the armistice was generally known, and whose owners/merchants were anxious to race their cargo to newly opened ports. On February 1, 1783, the British negotiator, Alleyne Fitzherbert, called at Passy and informed Franklin that the British were prepared to issue passports for American merchantmen if the Americans would do likewise. Franklin composed one that very day. Five days later, on February 6, the Americans began issuing passports for American ships to trade in British ports. A week later, King George III issued a proclamation of cessation of hostilities, and Franklin followed this a similar proclamation on February 20. Thus, the swapping of free passage passports for ships was the first tangible diplomatic step taken to end the American Revolution.

This document signed, issued February 6, 1783, is a tangible memento of that first step ending the Revolution. It is the passport allowing the Charming Molly, docked at Portsmouth, to travel to British-owned Jamaica for the purpose of trade. It is signed by all three American negotiators.

“WE, JOHN ADAMS, BENJAMIN FRANKLIN AND JOHN JAY, three of the Ministers Plenipotentiary of the United States of America, for making Peace with Great Britain, TO ALL Captains or Commanders of ships of War privateers or armed Vessels belonging to the said States of to either of them, or to any the Citizens of the same AND TO ALL others whom these Presents may concern, SEND GREETING. WHEREAS Peace and Amity is agreed upon between the said United States and his Britannic Majesty, and a suspension of Hostilities to take Place at different Periods in different Places hath also been agreed upon by their respective Plenipotentiaries. AND WHEREAS it hath been further agreed by the said Plenipotentiaries, to exchange Passports for merchant Vessels, to the end that such as shall be provided with them, shall be exempted from Capture altho’ found in Latitudes at a time prior to the taking Place of the said suspension of Hostilities therein. NOW THEREFORE KNOW YE that free Passport, Licence and Permission is hereby given to the Charming Molly, Burthen 230 Tons, Robert Gill, commander, now lying at the Port of Portsmouth and bound from thence to Jamaica. AND WE do earnestly enjoin upon and recommend to you to let and suffer the said Vessel to pass unmolested to her destined Port, and if need be, to afford her all such succour and Aid as Circumstances and Humanity may require. GIVEN under our Hands and Seals at Paris on the Sixth Day of February in the year of Our Lord 1783.” It is signed by John Adams, Benjamin Franklin, and John Jay.

This document reached the market in 1931, when it was sold at Anderson Galleries, previously having sold at Henkels Auction and identified as having belonged to attorney Henry Goldsmith of New York. It was bought by Dr. Otto O. Fisher, a prodigious collector who died in 1961, and it remained in the possession of his descendants until we obtained it just recently. So this document has not been offered for sale in over 100 years.

One of the earliest official documents denoting the end of the American Revolution.

A search of public sale records going back to the 1920s turns up but 2 other documents signed by all three negotiators at the Paris peace talks. They are now in the Gilder Lehrman museum and the Clements library.

This is an extraordinary rarity in addition to being a wonderful combination of signatures. But far more significantly, it is one of the most important documents relating to the end of the American Revolution ever offered for sale.