Lot 2086
  • 2086

TREATY OF PARIS, RATIFICATION. ANNAPOLIS: JOHN DUNLAP, [CA. 16-17 JAN. 1784]

Estimate
800,000 - 1,200,000 USD
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Description

  • BY THE UNITED STATES IN CONGRESS ASSEMBLED, A PROCLAMATION … ANNAPOLIS: PRINTED BY JOHN DUNLAP, PRINTER FOR THE UNITED STATES IN CONGRESS ASSEMBLED, [CA. 16-17 JANUARY 1784]
Printed broadside (21 ½ x 17 in.; 545 x 432 mm, preserving deckle on all edges). Text in three columns below a two-line heading, with embossed paper seal of the United States in the left margin, docketed on verso ("No. 6 | Proclamation of Congress of | the ratification of the Definitive | Articles between America and | Great Britain | 14 Jan 1784 | 28 Oct 1784 | Ordered a second reading”); silked, tiny losses at central horizontal fold costing bits of about five letters, small hole and two dampstains in lower blank margin. Matted, framed, and glazed.

Provenance

Elsie O. and Philip D. Sang (Sotheby's New York, 20 June 1979, lot 661) — Sotheby's New York, 11 December 2007, lot 49 (undesignated consignor)

Literature

Evans 18819

Condition

Printed broadside (21 ½ x 17 in.; 545 x 432 mm, preserving deckle on all edges). Text in three columns below a two-line heading, with embossed paper seal of the United States in the left margin, docketed on verso ("No. 6 | Proclamation of Congress of | the ratification of the Definitive | Articles between America and | Great Britain | 14 Jan 1784 | 28 Oct 1784 | Ordered a second reading"); silked, tiny losses at central horizontal fold costing bits of about five letters, small hole and two dampstains in lower blank margin. Matted, framed, and glazed.
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.

Catalogue Note

The official proclamation of the American ratification of the definitive treaty of peace, bringing the revolutionary war to an end, signed by President of Congress Thomas Mifflin and Secretary of Congress Charles Thomson. This is the pendant document to Dunlap's broadside printing of the Declaration of Independence, but much rarer.

Despite Thomas Mifflin's pleas that absent delegates attend Congress to ratify the definitive articles of peace signed at Paris, 3 September 1783, it was not until 13 January that nine states were represented in Congress. The next day they approved ratification at Annapolis, where timid delegates had adjourned in fear after riots by disgruntled soldiers in Philadelphia threatened their peace of mind in early November. The broadside carries the complete, official text of the articles agreed to in Paris, signed in type by David Hartley for Great Britain and by John Adams, Benjamin Franklin, and John Jay for the United States. That is followed by the full text of Congress' s ratification of the treaty:

“…WE THE United States in Congress assembled, having seen and duly considered the definitive articles aforesaid, did by a certain act under the seal of the United States, bearing date this 14th day of January 1784, approve, ratify and confirm the same and every part and clause thereof … and being sincerely disposed to carry the said articles into execution truly, honestly and with good faith … we have thought proper by these presents, to notify the premises to all the good citizens of these United States…

“… GIVEN under the Seal of the United States, Witness his Excellency THOMAS MIFFLIN, our president, at Annapolis…”

This broadside, printed by John Dunlap by order of Congress, was available for distribution by 16–17 January 1784. The number printed and signed is not known, but this may be one of only two completed with the official seal in upper left corner and signed by Mifflin and Thomson. The only other recorded copy completed in this manner is in the National Archives. A few other copies have been located (in the Library of Congress, Clements Library, the Maryland State Archives, and some other repositories), but without the seal and signed only by Thomson.

Copies of the broadside were sent to the American ministers in Paris, to each of the states, and to Robert Morris (Finance/Treasury) and Joseph Carleton (War). Based on complaints Franklin received from British treaty signer Hartley concerning the lack of Mifflin’s signature and a seal on the ratification (which was sent along with copies of this proclamation), it seems unlikely that double-signed and sealed copies of the proclamation had been sent to these designated recipients. 

Supplemental information

Historical Background

The defeat of Lord Cornwallis at Yorktown in October of 1781 convinced British officials to look beyond military efforts to resolve the American conflict. In March of 1782, Parliament authorized the king to negotiate for peace; in April, British commissioner Richard Oswald began informal peace talks with Benjamin Franklin, John Jay, Henry Laurens, and John Adams.

In September, Spain wanted to delay peace talks until it could capture Gibraltar, so John Jay told the British the United States representatives would negotiate for a peace separate from France and Spain. On November 30, representatives of the United States and Great Britain signed Preliminary Articles of Peace. On January 20, 1783, Great Britain concluded separate preliminary cessations of hostilities with France and Spain and restoring any vessels taken by either side after twelve days of ratification in the English Channel or North Sea, after one month to the Canary Islands, after two months to the Equator, and after five months in all other parts of the world, reflecting the pace at which news of the end of hostilities reached the far-flung European empires and ships. British representatives also gave the United States representatives the opportunity to join the agreement on the same terms, and they agreed to sign a Declaration for Suspension of Arms and Cessation of Hostilities.

In September 1783, representatives signed the Treaty of Paris, formally ending the war. The Confederation Congress ratified the Treaty of Paris on January 14, 1784, in Annapolis, Maryland.

In the Library of Congress, Clements Library, and some other repositories, we have located various copies of the same broadside, but with Thomson’s signature only, appearing at the bottom of the third column, without the seal and without President Mifflin’s signature.  Early versions of the collected works of Thomas Jefferson include a draft version of this proclamation, suggesting that Jefferson may have been the original writer of the proclamation text, or at least could have provided edits.

The British submitted their ratification on April 9, 1784, and ratified versions were exchanged in Paris on May 12, 1784. Though this broadside was printed and signed in January, it appears that the docketing was added in October of 1784, after the treaty itself had been formalized for several months. While Congress was not meeting in October, a conference of states was convened during their absence. However, records reveal no instance in which this proclamation may have been introduced and/or read.

The ultimate recipient of this particular copy of the broadside is currently unknown. The wording “Ordered a second reading” suggests that it may have been introduced as part of some official proceeding.

There was lingering controversy, addressed by John Jay as late as 1786, over state laws that were not in keeping with terms of the treaty. At least some state assemblies formally recognized the treaty as taking precedence over existing state laws (under the Articles of Confederation, this was not taken for granted), and may then have gone ahead and changed state laws as needed. (This seems to be particularly true regarding confiscation or return of Loyalist property.) Under those circumstances, the official state copy of Congress’s proclamation of the treaty might have been introduced and read as part of debate or voting over such measures. On the other hand, the examples we found of copies of the proclamation signed only by Thomson suggests that these were the ones sent out to the states.

Another less likely possibility regarding the docketing is related to American commissioners who began their negotiations with Native American tribes for the Treaty of Fort Stanwix in early October of 1784, concluding later that month. Some of the Treaty of Paris agreements regarding boundaries, etc., would have played a role in these negotiations. The present docketing format, however, is more appropriate to a large meeting rather than to a small group of negotiators.

Notes regarding copies and distribution of the broadside versions:

-  We have not been able to determine how many copies were signed by Mifflin and Thomson (if any others), or by Thomson alone, or left unsigned.

-  On-line cataloging of these broadsides in various repositories is not clear on the point of which copies are signed and how.  Only the National Archives original is clearly cataloged as being signed similarly.

-  Records of diplomatic correspondence suggest that Mifflin sent three proclamations in one package. However, redundant packages were sent to the ministers, to ensure that at least one got through. Thus, nine or more copies could have been sent, but the Hartley-Franklin correspondence indicates that they were not signed.

-  A January 21, 1784 letter from Thomson (Secretary to Congress) to Robert Morris states that he has “the honor to enclose you a proclamation under the seal of the United States enjoining the strict observance of the treaty of peace, to be lodged in your Office; and eleven copies under my signature to be transmitted to such as you think proper.” Because the printed proclamation notes that it had been issued under the seal of Congress, Thomson’s reference does not necessarily mean the proclamation he sent to Morris bore the actual seal. In the same letter, Thomson noted that he was enclosing a similar package for Morris to transmit to Joseph Carleton of the War Office. Per earlier records, Carleton’s contained six copies of the Proclamation, probably in addition to one for the office files.

-  On January 17, 1784, Thomson sent a circular letter to the state governors accompanied by copies of the proclamation. A 19th century history book prints a facsimile of the broadside found in the papers of Meshech Weare (governor of New Hampshire in 1784); it is signed only by Thomson, and without the actual seal.  On January 31, 1784, Governor George Clinton of New York presented the proclamation to the state legislature. He referred to it as “a Proclamation of the United States in Congress Assembled, under their Seal….” As noted earlier, it’s unclear whether the reference “under their Seal” refers to the printed words or to an actual seal.

-  A January 23, 1784 letter from Mifflin to Governor John Hancock states that “I have the honor to transmit to your Excellency an authenticated copy of the ratification of the Definitive Treaty….” On January 30, Thomson records sending a copy of the proclamation to Mifflin to send to Hancock. In a December 20, 1783 letter, Mifflin had informed Governor Harrison of Virginia that he would transmit “an authenticated copy of the ratification of the definitive Treaty the moment that congress shall put it into my power.” In his January 14 letter to the American ministers, Mifflin had noted that Thomson would send “authenticated copies” of the proclamation to the state governors. I believe that the word “authenticated” likely refers to Thomson’s signature on the act. Mifflin’s signature would not have been necessary to “authenticate” it. On the other hand, it’s possible that a copy sent out personally by Mifflin, especially to a former president of Congress, was double-signed and sealed.



Treaty of Paris Timeline:

-1781

19 October: Lord Cornwallis’ surrender at Yorktown.  

-1782

March: Parliament authorized the king to negotiate for peace.

April: British commissioner Richard Oswald began informal peace talks with Benjamin Franklin, John Jay, Henry Laurens, and John Adams.

September: Spain wanted to delay peace talks until it could capture Gibraltar. John Jay informs the British that American representatives would negotiate separately.

30 November: Representatives of the U.S. and G.B. signed Preliminary Articles of Peace.

 

-1783

20 January: G.B. concludes separate preliminary cessations of hostilities with France and Spain, agreeing to restore any vessels taken by either side in the English Channel or North Sea after twelve days of ratification. It would apply after one month to ships taken in the Canary Islands, after two months to those taken near the Equator, and after five months to those taken in all other parts of the world - reflecting the time it would take for news to reach far-flung colonies and ships.

The British offer of the same terms is accepted by American representatives, and signed.

11 April: The Confederation Congress, meeting in Philadelphia, accepts the conditions and issues a proclamation. News had to then get back to Europe.

3 (?) September: Representatives sign the Treaty of Paris, formally ending the war.

 

1784 Timeline — Ratification:

14 January: The Confederation Congress, in Annapolis, Maryland, ratifies the Treaty and resolves to issue a proclamation notifying the states of the ratification and to send copies to the American ministers in Paris. Mifflin writes to the American ministers in Paris, notifying that copies of the ratified treaty, accompanied by the proclamation, are being sent to them and that Thomson is sending “authenticated” copies of the proclamation to the state governors.

15 January: Mifflin writes again to the American ministers in Paris, notifying that copies of the ratified treaty, accompanied by the proclamation, are being sent to them and that Thomson is sending “authenticated” copies of the proclamation to the state governors.

16-17 January: Thomson sends circular letters to the state governors, each accompanied by a copy of the proclamation. Thomson provides Mifflin with three copies of the ratified treaty, along with the proclamation, to be sent to the American ministers in Paris. (Multiple copies of the treaty and proclamations are subsequently sent to the ministers via different carriers, to ensure that at least one set arrives safely.) Jefferson sends a copy of the proclamation to Governor Benjamin Harrison.

21 January: Thomson provides Robert Morris with copies of the proclamation for his department (Finance/Treasury) and for that of Joseph Carleton (War).

30 January: Thomson provides Mifflin with a copy of the proclamation to send to John Hancock (evidently to accompany Mifflin’s letter to Hancock of January 23).

31 January: Clinton presents a copy of the proclamation to the New York state legislature.

9 April: Britain ratifies the Treaty

12 May: Ratified versions were exchanged in Paris

28 July: Letter from Samuel Hardy to Charles Thomson, with abstract from letter from Benjamin Franklin, announcing the exchange of the ratification of the definitive treaty.



Appendix A:

Papers of the Continental Congress, M247

Exchange between British statesman David Hartley and Benjamin Franklin re the signatures and seals on the Ratification of the Definitive Treaty:

1 June 1784, David Hartley to Benjamin Franklin:

“. . .I have the honor to inform you that I have transmitted to London, the Ratification on the Part of Congress, of the Definitive Treaty, between Great Britain and the United States of America, and I am ordered to represent to you that a want of Form appears in the First Paragraph of that Instrument wherein the United States are mentioned before his Majesty . . . and the Conclusion appears likewise deficient, as it is, and consequently is wanting in some of the most essential Points of Form necessary toward Validating the Authenticity of the Instrument. . .”

(Transcripts of Letters of Benjamin Franklin, Papers of the Continental Congress, M247, roll 127)

 

2 June 1784, Benjamin Franklin to David Hartley:

“I have considered the Observations you did me the Honor of communicating to me, concerning certain Inaccuracies of Expression, and supposed Defects of Formality in the Instrument of Ratification, some of which are said to be of such a nature as to affect the Validity of the Instrument . . . it seems to be me we should distinguish between that act in which both join, to wit, the Treaty, and that which is the act of each separately, the Ratification . . . the Ratification following the Treaty contains these Words, ‘Now Know Ye, that we the United States in Congress assembled, having seen and considered the Definitive articles aforesaid have approved, ratified and confirmed  [his underline] and by those Presents do approve, certify, and confirm [his underline] the said articles and every Part and Clause thereof’ etc.  Thereby all those Articles, Parts, and Clauses wherein the King is named before the United States are approved, verified and confirmed [his underline], and this solemnly under the signature of the President of Congress, with the public Seal affixed by their order, and countersigned by their Secretary. No Declaration on the subject more Determinate or more authentic can possibly be made or given, which, when considered may, probably, induce his Majesty’s Ministers to wave the Proposition of our signing a similar Declaration or of sending back the Ratification to be corrected in this Point.

“The other objections are ‘that the Conclusion appears likewise deficient, as it is neither Signed by the President, nor is it dated, and consequently is wanting in some of the most essential Points of Form necessary towards authenticating the validity of the instrument.’ The situation of Seals and Signatures in Public Instruments differs in different Countries, though all equally valid, for when all the Parts of an Instrument, are connected by a Ribband whose ends are secured under the Impression of the Seal, the Signature and Seal wherever placed, are understood as relating to, and authenticating the whole.  Our usage is to place them both together in the broad margin near the Beginning of the Piece, and so they stand in the present Ratification, the concluding words of which declare the intention of such signing and sealing to be giving authenticity to the whole instrument, viz, In Testimony whereof we have caused the Seal of the United States to be hereunto affixed, Witness His Excellency Thomas Mifflin, Esq. President, and the Date, supposed to be omitted (perhaps from its not appearing in Figures) is nevertheless to be found written in Words at length, viz, ‘this fourteenth day of January in the year of our Lord, one thousand seventeen hundred eighty four,’ which made the figures unnecessary.”

(Transcripts of Letters of Benjamin Franklin, Papers of the Continental Congress, M247, roll 127)

16 June 1784, Benjamin Franklin to Thomas Mifflin:

As he has promised Hartley, Franklin informs Mifflin of the objections, and sends copies of the two letters, noting “. . .The objections appeared to be trivial and absurd, but I thought it prudent to treat them with as much Decency as I could. . .”

(Transcripts of Letters of Benjamin Franklin, Papers of the Continental Congress, M247, roll 127)