John Adams to Marquis of Carmarthen, July 27, 1785

Grosvenor Square July 27. 1785—

My Lord

Since the Letter which I did myself the honour to write to your Lordship, relative to the Construction of the Armistice, I have received further information from America, which I beg leave to Communicate to your Lordship. 1

The first Judgement rendered on a mistaken Interpretation of the Armistice, appears to have been at New York where all American Vessells, taken within the second Month were condemned as lawful Prize by the Judge of Admiralty. The Fame of these Decrees having reached Connecticut and Rhode Island it is said that similar Decrees were rendered by the inferior Courts of Admiralty there against british Vessells. There is my Lord, a Court of Admiralty in each of the United States but by our Constitution an Appeal lies from all of them to a Court appointed by the United States in Congress assembled for receiving and determining finally Appeals in all Cases of Capture. 2 If the Parties interrested in the decrees in Connecticut and Rhode Island had appealed to the supream Court, those decrees would certainly have been reversed, because every cause which ever came before them upon the point in question, has been decided in favour of the british owner of the Vessell. And if a Declaration should now be made, of the true Intention of the contracting Parties, the british Owners against whom the decrees were renderd in Connecticut and Rhode Island may still appeal and have Justice, if the time limited is not passed. if it is, by an application to the Legislatures of those States, there is no doubt to be made, that an appeal would be granted, under the present Circumstances, notwithstanding the lapse of Time.

The decissions in the Court of admiralty of the Massachusetts and all the other States, have been conformable to the Judgement of the supreme Court of appeals, that is to say conformable to the true Intention of the Armistice, and it is with pleasure that I add, that the Judgements of His Majesty’s Court of Admiralty at Halifax have been the same way.

The Words of the Armistice, are supposed to be the same which have been constantly used in every Treaty of peace for the last hundred Years, and it is not known that there ever was before any doubt, or difference of opinion concerning the construction of them. in order to establish this Confidence between the two Countries, it is necessary My Lord that there should be a mutual Confidence in each others Tribunals of Justice, which can hardly exist, while such various Interpretations are given of so plain a point by different Courts in each Nation.

In order to settle all disputes upon this Subject upon one Principle. I have the Honour to propose to Your Lordship that a Declaration should be made, in the form inclosed, or to the same Effect in any other Form which may appear to your Lordship more proper.

With great Respect, I have the honour to be / My Lord / Your Lordship’s / most Obedient & very / Humble Servant

John Adams. 3