Chapter M: Gerard to Arthur Lee (11)

“Pardon, I pray you, Sir, my importunity, and permit
me to address you with the confidence with which
your kindnesses to M. de Lafayette have inspired me,
and to speak to you of an affair, which interests me
deeply. The capture and detention of Mr Laurens in
England has sensibly afflicted me. He is the intimate
friend of M. de Lafayette, and took care of him during
the time of his wound in a manner truly touching.
His misfortune seems to me overwhelming, and when we
consider the high station he has held in America, it
is probable that it may become still more so. I know
not if any means can be found to prevent it, or even
to soften the actual rigors of his captivity; but I am
persuaded, Sir, if there are any such, that they will
be known to you. Should it be possible, let me entreat
you earnestly to put them in use.

“Permit me also to speak to you of an idea which
has occurred to me, and which is not perhaps
entirely unworthy of consideration. M. de Lafayette
has friends, that are on intimate terms with Mr
Fitzpatrick, who is himself well known. Among the
ladies of my acquaintance are some, who are the
confidential friends of Lady Stormont. May not
something be done through these parties in favor of
Mr Laurens? And what must be said to them? I beg you
a thousand times to pardon my importunities, and give
me in this affair your kind interest and counsels.
You will perhaps think me very ridiculous, and very
unreasonable, but the hope, however ill founded, of
rendering some good service to the unfortunate friend
of M. de Lafayette, has prompted me to run this risk,
and make this experiment upon your indulgence, which,
at least, I must desire you to accord to me. This will
add yet more to the lively and sincere acknowledgment,
with which I have the honor to be,

Sir, your very humble, and very obedient servant,
NOAILLES DE LAFAYETTE.”

[74] I have been often assured, that this declaration had a very great effect upon the minds of the people in England in favor of American independence.--_Note by Mr Laurens._

[75] I might assign various reasons, all valid, for this determination. The following single consideration, I trust, will be satisfactory to Congress. Five persons are nominated in the commission, not conjunctly, but severally and respectively, fully empowered. Whence it evidently appears, that Congress had not in view or expectation that the whole would act; therefore, as there are three of those persons besides myself, and all of superior abilities upon the spot, were I to thrust myself in, merely to make a fourth figure, I should feel guilty of a species of peculation by putting the public to unnecessary expense, without any well grounded hope of rendering public service.--_Note by Mr Laurens._

[76] I have replied to my friend, who wrote to me on this subject, as follows; “As to the peace bill, let them shape it as they please, Wisdom is justified of her children; if they will act foolishly, be the consequences to themselves. I have said and done all that became me.”--_Note by Mr Laurens._

TO THE PRESIDENT OF CONGRESS.

Nantes, September 5th, 1782.

Sir,

I had the honor of writing to Congress from Amsterdam on the 30th of May, by Captain Bacon. Copies of that address were sent by the vessels of Captain Briggs and Captain Smedly, and a third committed to the care of Mr Moses Young, to be despatched by a cutter from Ostend. At that time, I was in a deplorable state of health, and am now (after the practice of every proper means of abstemious regimen, bathing, medicine, and bleeding,) but beginning to recruit, still extremely weak and feeble. Notwithstanding such ill health, I hastened in the month of July from the south of France, even at the hazard of my life, to this port with a view of embarking for America. While I was employed seeking for a proper vessel, Mons. Labouchere suggested the imminent danger of a second capture, and the train of evil consequences, adding, that I was entitled to a safe conduct from England to one of the United States, in return for the exchange of Lord Cornwallis at his own door, and for that purpose, recommended a demand upon the Court of London.

The propriety of this gentleman’s reasoning was apparent, the danger of capture was marked in every newspaper, by accounts of the havoc on both sides the Atlantic, by British cruisers upon American vessels. I consulted other persons, who unanimously concurred in Mons. Labouchere’s opinion and advice. Wherefore, I requested certain friends in London to make the necessary application on my behalf, for permission to re-enter Great Britain to embark at Falmouth for New York, and for a passport to proceed thence to Philadelphia, not in terms of prayer from me, but by a representation of right to be submitted for consideration. This day I have received letters from London, importing that an application had been made, that Lord Cornwallis in particular had interested himself in the measure, and that a proper passport would soon be transmitted to me.

Doctor Franklin writes to me under the 19th of August, “though we are very sensible if you could get well to America, you might be of great service to the public, yet we think the hazard is too great, as it might be winter before you could come upon the coast, and perhaps at this juncture you might be equally useful in England; on these considerations, we agreed to advise your return thither.” This advice I intend to pursue, and as I ardently wish to be in America, and present myself to Congress, I shall, if my health will permit, embark in the November packet; or otherwise defer the voyage to March or April, persuaded that neither my passing through England, nor even a few months necessary, perhaps unavoidable, residence in that kingdom, can possibly work any detriment to my country; I am therefore confident of the approbation of Congress.

Since my discharge from restraint in England, Doctor Franklin has very cordially pressed me to take from him a supply of money for my expenses,[77] but from my knowledge of the state of our public finances, I have refused to lessen them, since from the fragments of my own funds, I shall be able to support myself in a frugal style while I am unfortunately detained on this side of the water.

I dare not presume, in my present private character, to give an opinion on the present state and prospect of our public affairs, but I entreat Congress to be assured, that my endeavors, even in this contracted sphere, have been exerted on proper occasions, and I hope with some good effect, for promoting the honor and interest of the United States. I have enjoyed a happy correspondence with men of liberal sentiments in England, as well as with the American Ministers at Paris and at the Hague. As it is possible I may be detained in Europe through the ensuing winter, should Congress have any commands for me, letters via Nantes or Bordeaux, directed to the care of Madame Babut Labouchere at this port, will obtain the quickest conveyance by way of Holland, to the care of Mr Adams. Under cover with this will be forwarded, at the request of Mr Adams, a copy of Mr Fitzherbert’s full power to treat for peace.

With the highest respect and regard, I have the honor to be, &c.

HENRY LAURENS.

[77] In his letter of May 30th, (see above, p. 464) Mr Laurens insinuates, that Dr Franklin had neglected him while he was in the Tower. The following letter and extract, written by Dr Franklin, will show that this suspicion was groundless.

“TO SIR GREY COOPER, BARONET,
SECRETARY TO THE TREASURY OF GREAT BRITAIN.

Passy, November 7th, 1780.
“Sir,

“I understand that Mr Laurens, an American gentleman,
for whom I have a great esteem, is a prisoner in the
Tower, and that his health suffers by the closeness
and rigor of his confinement. As I do not think
that your affairs receive any advantage from the
harshness of this proceeding, I take the freedom of
requesting your kind interposition, to obtain for
him such a degree of air and liberty, on his parole,
or otherwise, as may be necessary for his health and
comfort. The fortune of war, which is daily changing,
may possibly put it in my power to do the like good
office for some friend of yours, which I shall perform
with much pleasure, not only for the sake of humanity,
but in respect to the ashes of our former friendship.

“With great regard, I have the honor to be, &c.
B. FRANKLIN.”

On the 14th of May, 1781, he writes to the President of Congress.--“Agreeable to the vote of Congress, I have requested the assistance of this (the French) Court, for obtaining the release of Mr President Laurens. It does not yet appear that the thing is practicable. What the present situation is of that unfortunate gentleman, may be gathered from the enclosed letters.”

The letters here alluded to are, one from Sir Grey Cooper, dated November 29th, 1780; and another from Charles Vernon, Lieutenant Governor of the Tower of London, dated November 27th. They may be found in Dr Franklin’s Correspondence under these dates.

ROBERT R. LIVINGSTON TO HENRY LAURENS.

Philadelphia, September 17th, 1782.

Sir,

Having learned by your letter to Congress, of your enlargement from your long and severe confinement, it becomes my duty to inform you, that Congress were pleased to appoint me their Secretary to the United States for their Department of Foreign Affairs, and to direct that all communications with them from their Ministers should be through me. In this view, Sir, I have the honor to open this correspondence, forwarding the annexed resolutions by the first of them, marked No. 1. You will learn that they are unwilling to deprive themselves of your assistance in the great business of negotiations for a general peace, which, though languid at present, cannot fail to be quickened by the first turn of fortune in favor of the allied powers, since the King and Ministry of England are evidently trusting to the weak hope, that some brilliant stroke will turn the popular tide in favor of the prosecution of the war. Should she, as she probably will, be disappointed in this, she will be compelled to fly to peace for refuge against impending ruin. The second resolution needs no comment. We have no intelligence here, but what I have written to some of the gentlemen in commission with you, or what may be found in the papers I do myself the honor to transmit to you.

I sent Doctor Franklin bills for two quarters’ salary, drawn under your first commission. I shall, in future, in stating your account, consider you as acting under your second. As our Ministers are expressly prohibited by resolutions, transmitted by this conveyance, from making any disposition of money in Europe, it becomes necessary that they should have agents here to state their accounts, and vest the amount of their salaries in bills and remit them. I have taken this task upon me hitherto, and you will find by the bills drawn in your favor since January, that your advantage in this mode, from the low price of bills, will enable you without loss to pay an agent here. You will be so obliging as to transmit to me your receipt, and a state of your demands against the public, that I may get them discharged for you.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO HENRY LAURENS.

Philadelphia, November 8th, 1782.

Sir,

Your letter of the 5th of September, directed to the President of Congress, was received and referred in course to this office. If my letter of the 17th of September last, containing their resolution not to accept your resignation has reached you, I hope you will acquiesce in their determination, and see the propriety of remaining in France till their further order. In this expectation I have drawn for your last quarter’s salary. The bills will be sent you, with a state of your account, by Mr Lewis Morris. A duplicate of my last letter with the resolution above referred to, will accompany this.

I send Mr Franklin such resolutions as refer to general objects, which may be of use to you in conducting your negotiations, presuming that he will communicate freely with you. There will be no necessity while you are together of multiplying them with respect to our affairs here; they have undergone no change. The number of resolutions passed by Congress and the different States, (copies of which have been transmitted to our Ministers) serve to show the fixed and unalterable determination of the rulers and the people on this side of the water, to adhere inviolably to their engagements. This will, I hope, open the eyes of the British, and show them the vanity of expecting to dissolve a confederacy, which is founded in mutual interest and honor.

With respect to intelligence, we have little of importance. The army is gone into winter quarters. The fleet, under the command of the Marquis de Vaudreuil, still remains at Boston. Fourteen sail of the line and eight frigates left New York the 26th ultimo. We have yet no account of the evacuation of Charleston, though we have long expected it. I cannot turn my eyes to that quarter, without offering you my sincerest condolence on the untimely death of the gallant Colonel Laurens. It is not easy for those who knew his value to offer consolation. When time shall have turned the keen edge of your afflictions, you may find some mitigation of it in the cause and manner of his death, in the services he has rendered his country, and in the honor which he reflects on all who were connected with him.

I am, Sir, with respect and esteem, &c.

ROBERT R. LIVINGSTON.

TO LORD CORNWALLIS.

Paris, December 9th, 1782.

My Lord,

Often, since the 31st of May last, your Lordship must have charged me with want of decency and good manners, for a seeming delinquency to an address of that date, which your Lordship intended to honor me with. The bare apprehension has added to my unhappiness, notwithstanding my feelings of assurance that your Lordship will acquit me upon the instant of being informed, that only a few minutes have passed since Mr Oswald called upon me with the letter, and an apology for having mislaid and detained it so long.

Believe me, my Lord, though I was at a distance from Passy, I was not unmindful of accomplishing your Lordship’s release from parole, in exchange for my discharge. My feelings on that occasion were always alive. I was never satisfied with my own enlargement, till I had written pressingly to Doctor Franklin, and had finally delivered my opinion upon an appeal from the Doctor, intimating that he would do “what I should think best.” Without a moment’s hesitation, I signified my ideas, both of the expediency and necessity of satisfying the well grounded expectations of the British Ministry. Your Lordship will find that the release followed, or that it was the consequence of previous applications on my part, and of Mr Oswald’s assurance that an exchange was expected, that he himself had treated with me while I was a prisoner in the Tower of London for that purpose, by desire of the Administration, a fact, to which many others might be added, confronting an assertion respecting this affair, in a late letter from the British Commissioners at New York to General Washington. The assertion in that letter did great violence to candor, but as I am sure your Lordship could not possibly have been privy to the ground of that transaction, I forbear to enlarge upon the subject. Nor do I mean to touch the veracity of the Commissioners, who no doubt wrote as they had been instructed. Even the instruction, I charitably hope, was rather the effect of inadvertency than of premeditated _detour_.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Paris, December 15th, 1782.

Sir,

I have had the honor of receiving at several times, your official despatch No 1, of September 17th, its duplicate, and the undermentioned acts of Congress.

_Of the 14th of September._ Public monies committed to the disposal of the Superintendent of Finance.

_17th of September._ Enjoining the attendance of the Ministers Plenipotentiary for treating with Great Britain.[78]

_3d of October._ On the communication from the Minister of France.

_17th._ Enjoining American Ministers to transmit intelligence.

An extract of a letter from Sir Guy Carleton, of the 12th of September.

To which several acts, I shall observe the utmost respect and obedience.

Upon receipt of that of the 17th of September, without questioning the right of Congress to compel the service of a citizen of America, who had neither solicited nor accepted a commission, I proceeded with all the despatch which a very infirm state of health would admit of, and by travelling night and day, arrived here not only time enough to sign the preliminary articles, but in time to offer suggestions which my colleagues were pleased to accept and adopt as necessary.

I had considered my residence in England, not only as proper for recovering my health, but also as essential to the service of the United States. I embraced various opportunities of informing the people in general of the ground and nature of the dispute between the two countries, of which they had been amazingly ignorant, of contradicting false reports respecting America, and of convincing some of the most intelligent, as well as some of the most adverse to the doctrine, that a full acknowledgment of our independence was consistent with, and would eventually contribute to promote, the true interest of Great Britain, and I have some ground for believing that my labors in some degree facilitated the great business, which has been just completed, a formal acknowledgment from the King, and a full renunciation of all claim upon the United States; and I humbly think, if I were in England at this moment, I might be of more real service to my country, than I can possibly perform in my present situation.

I thank you, Sir, for the newspapers. The melancholy intelligence, which they contained _for me_, must have reached me by some means. Your mode of conveying it was delicate and obliging. I have received value for the bills, which had been sent to Dr Franklin on my account, more particularly acknowledged in my letter of yesterday to Mr L. R. Morris. My thanks are also due for your trouble in stating my account. A charge for commission shall be most cheerfully admitted, but it is impracticable to comply with your recommendation by sending a statement of my demand, because I am ignorant of the vote of Congress for my salary, under both the old and new commission; nor is it needful, as I mean not to take up a further sum while I am in Europe. Indeed, if the late remittance had not been made, I should have persevered in paying my expenses from my own funds. I too well know the distresses of Congress, arising from a want of money, and therefore most earnestly wish to avoid adding to them. Enclosed you will find a loose receipt for the 20,000 livres, but it is not in my power to be special in the discharge.

Casting my eye this moment over the joint letter of the American Ministers, I perceive Congress are not there informed of a letter we have despatched to Mr Dana, at the Court of St. Petersburg, recommending to him to announce at that Court, and to foreign Ministers resident there, the signing of the preliminary articles between Great Britain and the United States; a copy of which, the separate article excepted, has been transmitted to him for that purpose. I could not refrain from giving this intimation, lest it should have escaped us all. This is not to be doubted, that recognitions by applications for commercial, and perhaps other treaties, will speedily follow from almost all the courts of Europe. There is already an instance in one of the principal trading kingdoms in the Baltic.

Shall I request the favor of you, Sir, with this to lay before Congress the enclosed copy of a letter, which I had occasion to write to the Earl of Cornwallis, on the third instant. It may tend to throw light upon the transaction in exchanging that officer, which I perceive has been very unfairly represented by the British Commissioners at New York. When Congress are informed of the precarious state of my health, and shall be pleased to reflect upon the long sufferings I have endured, that I have devoted almost the whole of my time, for eight years past, to the service of my country, detached from, and regardless of my domestic interests; and when they consider the very severe stroke lately fallen upon me, by the death of my eldest son, and the dispersion of the survivors in my family, for whom it is necessary I should endeavor to reprovide a home; I am confident my present determination to return to Bath, the only place in which I can hope to recover a part of my broken constitution, as soon as I can be spared from present duty, and from thence to America in March or April next, will not give offence. I shall indeed be much better pleased to receive in the mean time, and therefore now earnestly solicit, a formal permission, than to hazard their displeasure by an act, which, however necessary and unavoidable, may possibly be construed into an abandonment of their service, or even a slight of their orders.

I have the honor to be, &c.

HENRY LAURENS.

[78] “_In Congress, September 17th, 1782._--_Resolved_, That the honorable Henry Laurens be informed, in answer to his letter of the 30th of May, 1782, that the reasons which induced the United States in Congress assembled, to appoint him to be one of their Ministers Plenipotentiary for negotiating a peace still existing, his services in the execution of that trust cannot be dispensed with.

“_Resolved_, That the honorable John Adams, Benjamin Franklin, John Jay, and Henry Laurens, be respectively informed, that it is the pleasure and express direction of Congress, that they punctually attend and assist in the negotiations for peace; and that each of them be instructed, upon receiving information of the time and place appointed for opening the negotiations, immediately to give notice thereof to the rest, that may be in Europe, in order that each may have a seasonable opportunity to take part in the trust reposed by the said commission, and earnestly enjoined by this act.”

TO THE SECRETARY OF FOREIGN AFFAIRS.

Paris, December 24th, 1782.

Sir,

Permit me to refer to what I had the honor of writing by the present conveyance on the 15th instant.

Mr David Hartley, on the 19th, moved in the British House of Commons,

“That an humble address be presented to his Majesty,
stating that his faithful Commons think it their
indispensable duty, not only to return their grateful
thanks to his Majesty for having adopted the sense
of his Parliament and people, in having pointed all
his views and measures, as well in Europe as in North
America, to an entire and cordial reconciliation with
those Colonies, but likewise to express to his Majesty
that, whatever may be the result of the general
negotiation for peace now depending, our conciliatory
sentiments towards America remain unaltered, as
presented in their humble address to his Majesty on
that subject in the last session of Parliament, and
therefore that this House will consider as enemies
to his Majesty and this country, all those who shall
endeavor to frustrate such beneficent dispositions of
his Majesty, by advising or by any means attempting
the further prosecution of the war on the continent of
America.”

The motion was seconded by Colonel Hartley. Mr Secretary Townshend objected, by calling for the Journals, and ordering the Resolutions of February and March last to be read, which he alleged were to the same effect as the motion, and were still in full force.

Some debate ensued, and upon a division, the ayes for the motion were 13, and the nays 51. Perhaps it would have been better if the motion had never been forced to a vote, than being forced, to be lost. What were the recent inroads up the Santa Cumbahee, and other rivers in South Carolina? What is the retaining a garrison in Charleston and another in New York, but offensive war?

In my own mind, I have no doubt but that the Court of London would carry on an offensive or any other war, or make partial peace, or pursue any means and measures, which might best gratify its desires, and its apparent interests.

My letters from London of a late date speak the following language.

“We are of opinion, that a general peace is still far distant, and are not so eager for it; if the preliminary articles between this kingdom and America shall terminate hostilities between us two, let us shake hands, and be _reconciled_ with our American brethren, and the nation _in general_ will prefer a war to a dishonorable peace _with France_.” Who is to interpret?

I am directed to give intelligence, not advice and opinions, but I trust Congress will not be offended with the few sentiments, which I shall presume modestly to urge.

The people of England still retain the idea of “OUR _colonies_,” and of “_reconciliation_.” Government gives all possible encouragement to their humor; it has been their incessant endeavor to detach us from our ally, and it is given out in London, that they have out-manœuvred the Court of France. God forbid that any future act or future supineness, on the part of the United States of America, should give the smallest degree of countenance to so dishonorable an insinuation. Every engine has been, every degree of craft under the mask of returning affection will be practised, for creating jealousies between the States and their good and great ally. The United States of America are too wise to be duped, too honorable to commit any act, be their distresses what they may, that shall sully their good faith. Through their ally’s assistance and their own virtuous perseverance, they attained to those preliminaries; they will virtuously persevere until they shall have performed every tittle of their engagements with that ally, against whom, I must declare for my own part, I see no cause for entertaining more particular jealousy than ought to be kept upon guard against every negotiating Court in the world, nor half so much as should at this moment be upon the watch against every motion arising from our new half friends. I had occasion to write to the same Mr David Hartley, that I should suspect every superfluous and every deficient word coming from that quarter. Nevertheless, I earnestly wish, and shall continue my utmost endeavors, for obtaining an honorable well founded peace with Great Britain. But I will not consent to _receiving her wooden horses, nor will I listen to her whispers_, or imbibe prejudices against a Court, which has been a friend to my country in need. Congress will be pleased to pardon this freedom, and accept the zeal of their faithful and most obedient servant,

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Paris, January 9th, 1783.

Sir,

I had the honor of addressing you on the 15th and 24th ultimo, by Captain Barney, in the ship Washington. Duplicates by way of Nantes. Shall I request you, Sir, with my humble respects, to inform Congress that my health has ever since been declining; that I am at this moment reduced to a deplorable state, scarcely able to walk across my chamber; that I should nevertheless have continued here at all hazards, had I not been strongly advised to visit Bath, the only place where I can hope to recover part of a constitution, broken down by sufferings and in the service of my country, and at the same time assured from proper authority, that there is too great a probability of an interval, before a definitive treaty will be seriously talked of, for performing my intended journey. Should the contrary happen, the earliest notice from hence, as well, as from London, will be forwarded to me, and if possible I shall return without delay. This interval strikes no alarm to me. I had, upon my first arrival here, intimated my apprehensions to all my colleagues.

Wherever I am, the honor and interest of the United States shall be my great and greatest concern.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, March 15th, 1783.

Sir,

My last is dated Paris, 9th of January. The original and three copies were, for conveyance, divided between Nantes and L’Orient. Five weeks use of the waters at Bath had so far recovered my health, as to induce me to come to London about eighteen days ago, in order to avail myself of opportunities for urging a definitive treaty between Great Britain and the United States, as well as the necessity for removing the British troops from New York. I have signified my opinion to the proper persons, that, until the latter is effected, America will not deem herself at peace. Wise and good men feel the impression, acknowledge the propriety of my observations, and while there was a government by a ministry, that point was attended to. But for some days past, the great struggle has been, who should be the persons to form a new administration. In the mean time, the momentous business in which we are concerned lies dormant, nor do I know where to apply for putting it in motion. The House of Commons had indeed introduced a bill for a “Provisional establishment, and regulation of trade and intercourse between the subjects of Great Britain and those of the United States of North America.” A printed copy was put into my hands, and my opinion asked by many members of that House. I objected generally to opening trade merely by act of Parliament, and especially to certain parts of the bill, but above all to an intercourse, until the citizens of New York shall be left in quiet and complete possession of their whole country, and all hostile troops withdrawn from the United States. That bill I am informed is annihilated and another projected. A copy of the new bill I am to receive tomorrow. I persevere in the same language; be the bill what it may, however suitable to the services of Great Britain, or speciously conducive to the mutual interests of Great Britain and America, I think there cannot be, I hope there will not be permitted on our part, any intercourse until the troops are effectually removed.

Why is not the definitive treaty concluded, and the important “_Then_” established, or why are not measures adopted for withdrawing the troops? Are the troops to be continued there _in terrorem_, to force a trade, or to compel us to measures respecting the people called loyalists? The late First Lord of the Treasury has not failed to boast of his success, in obtaining the provisional treaty without the participation or the concurrence of the Court of France, nor to talk of the happy effects which he hoped to derive from so great an advantage. I have endeavored to counteract his Lordship’s virtuous designs, by observing that, admitting the fact, which I did not admit, the consequence might be disgraceful, possibly fatal, to the American ministers, but could work no injury to the United States. This appears at present to have the effect I wished for. Had his Lordship, who I believe is very angry with us, continued in office, I know not what evils might have attended us. To his influence I ascribe the delay of the definitive treaty, and consequently of the removal of the troops.

I am not backward, upon every proper occasion, to signify my apprehensions to active members of Parliament, and to every man in government, with whom I converse upon these subjects. You will perceive, Sir, that I find some employment here; were I in France, I should be totally idle. I shall remain in London about a fortnight longer. If at the end of that time, there shall be no better prospect of a definitive treaty, I shall immediately take measures for embarkation to America.

I am now to acknowledge the honor of your favor of the 8th of November, No. 2, and to thank you for the remittance of £16,666.13s. through your attention by Mr L. R. Morris.

I thank you, Sir, most sincerely for your kind condolence. I have not yet had resolution enough to inquire into the “cause and manner,” nor dare I indulge myself in speaking of a subject, which too much occupies my thoughts and distresses my mind, in all the moments of retirement.

This will be delivered by Mr John Deas, a young gentleman, native of South Carolina, educated in Britain, who means to become a citizen in his own country. I have every ground for hoping he will be a valuable member of the community; hence I have encouraged him to expect a cordial and hospitable reception. I should observe in Mr Deas’ favor, that he has been long endeavoring to return to America; he once embarked at Ostend, and suffered shipwreck on the coast of England, to his great loss and disappointment.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, April 5th, 1783.

Sir,

With this you will receive the triplicate of a letter, which I had the honor of writing on the 15th of March. I beg leave to refer to its contents. A third bill, called “an amendment for a provisional establishment, and regulation of trade, &c.” had been brought into the House of Commons. My opinion was again solicited by different members, which, as usual, I thought it prudent to withhold; but being pressed, I at length framed a supposed American bill, for regulating commerce with Great Britain, and suggested that it had been received by a courier. This I held up as a mirror to some of the most active men in that House. From that time, the 22d of March, their own bill, which was to have been finished on the 23d, has slept with very little interruption, and is now, to all appearance, dead. I do not ascribe its demise to a sight of the supposed bill, a copy of which you will receive enclosed, although the gentlemen acknowledged themselves affected by it.

A new ministry is at length arranged, the Duke of Portland at the head, Mr Fox and Lord North, the latter of whom is universally charged with being the author of the late cruel war, Secretaries of State. The Duke of Richmond, who it is said detests the coalition, has resigned. It becomes not me to interfere with or censure an arrangement of servants in this kingdom. I am attentive to the honor and interests of the United States.

I have had a conference with Mr Fox, who has the Foreign Department, in which is included the United States as an Independent Power. It was stipulated, that nothing I should say as a matter of opinion or belief on my part, should either commit or pledge me. I judged it necessary to establish this foundation. Mr Fox was desirous of knowing, whether the American Ministers were authorised and disposed to open an intercourse and commerce upon terms of reciprocity without delay. I replied, I believed they were, although a late publication by a suspected hand, of the revocation of Mr Adams’s commission, left me not so clear on that point, adding, that I could soon be informed from Paris. At the same time, I urged as necessary previous, or accompanying steps, the conclusion of a definitive treaty, and the withdrawing of all the British troops from the United States. In answer to supposed difficulties in obtaining transport ships, I proposed the removal of the troops to Long Island or Staten Island, adding, that some powers might in a similar case insist upon hostages for their peaceable behavior and final removal. I thought it absolutely necessary, that the State of New York should be put in immediate possession of the city and port. Mr Fox, as the Duke of Portland had done before him, discovered a disposition to proceed to business with us with liberality and effect, and I place all proper confidence in their assurances. Upon the whole, Mr Fox asked if he might report, that I believed there was a disposition and powers on the part of the American Ministers to open an intercourse and commerce upon terms of reciprocity without delay? I assented, as my belief and opinion, under the reservations above mentioned. I shall proceed immediately to Paris, as my colleagues are desirous of my presence. David Hartley is, or it is said will be, appointed to join us in finishing our negotiations of a perfect peace. While I regret the loss of Mr Oswald on this occasion, the nomination of another honest man affords me great satisfaction. From France, or before I commence my journey, I shall transmit what may be further necessary.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ I take the liberty of enclosing letters for L. R. Morris, for the delegates from the State of South Carolina, and one for his Excellency General Washington.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, April 10th, 1783.

Sir,

I beg leave to refer you to the enclosed duplicate of my last, of the 5th instant. The “bill for a provisional establishment and regulation of trade,” &c. seems to be dead indeed. Mr Fox yesterday moved for reading the titles of the act, commonly called the prohibitory act, and the act for granting Letters of Marque, which being read, he moved for leave to bring in a bill for repealing so much of said acts, as prohibit trade and intercourse with the United States of America, which was ordered accordingly. My anxiety to see the final turn of this business has detained me in London three or four days longer than I had intended. I shall call upon Mr Fox presently, and if anything new occurs it shall be noticed in a postscript. Immediately after sealing this packet, I shall begin my journey to Paris. Mr Hartley tells me he will follow upon the 15th instant. I shall enclose a copy of the amendment, called the third bill, for the information of Congress. Mr Darby, the gentleman who will be so good as to deliver this, has promised me also to deliver a packet of the latest newspapers.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ I have conversed with Mr Fox, from whom the body of merchants by deputation had just retired. Their errand, as I learned, was on the business of opening the communication between Great Britain and the United States. There is a general and pressing eagerness to that point. I repeated the propriety and necessity of withdrawing the troops, and of restoring to New York their city and port. Mr Fox in return gave the strongest assurances, that this should be done with the utmost despatch, and promised to send to the Ministers at Paris a copy of the orders to be given for that purpose; he further informed me, that he intended to introduce into the new bill the clause on page 4, in the bill No. 2, here enclosed, to which I made only a general reply, that when their plan was completed the American Ministers at Paris would give it due consideration, and that on our part every facility would also be given to reasonable propositions, consistent with our instructions. That in the present moment, I could not speak in positive terms to particular points.

H. L.

_P. S. April 16th._ Just arrived at Paris. Mr Hartley is expected the 19th. From the latest words with that gentleman, which happened subsequently to closing the above, I entertain apprehensions that his principal errand will be to open a trade between the two countries, with assurances that the troops shall be removed “as speedily as possible,” and to take up the definitive treaty at more leisure. I afforded him no encouragement to hope for success in the former point singly.

ROBERT R. LIVINGSTON TO HENRY LAURENS.

Philadelphia, May 8th, 1783.

Sir,

Congress have been pleased, in compliance with your request, to pass the enclosed resolution, giving you permission to return to America. I sincerely wish that your native air may confirm your health, which I hope has by this time amended by your residence at Bath, where I presume you have been, though I have had no advice of it. The provisional treaty has been very well received, here, and has been ratified. The ratifications are sent to you and our other Ministers at Paris.

I presume you have by this time made some progress in, if not entirely concluded the definitive treaty, in which I dare say you have taken care to fix the day which is to deliver us from our troublesome guests, who cause great uneasiness to the unhappy people they keep out of their possessions. At present, we are quite at a loss to determine when this will be. We have returned them their prisoners, who amount to about six thousand effective men, so that you see we are not disposed to discover any distrust of the sincerity of our new friends, with whom we at present communicate on the former footing.

As I am uncertain whether this letter will reach you before you sail for America, I do not choose to enlarge or enter into any of those particulars relative to your late negotiations, on which however I have some inquiries to make, which I could wish to have answered by you. I wish you before you leave France to settle with Doctor Franklin, and to receive from him the amount of the bills remitted on your account, so that I may close my accounts.

I am, Sir,

ROBERT R. LIVINGSTON.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, June 17th, 1783.

Sir,

My last address is dated London, 10th of April, forwarded by the hands of Mr Darby, copy of the same with a postscript on the 16th, conveyed from Paris by Doctor Franklin. Permit me to refer to the several contents, and also to a despatch of the 6th of that month by Mr Hodge. Duplicate by Mr Darby, triplicate from Paris.

In order to meet the question of Mr Secretary Fox, “Whether the American Ministers were authorised and disposed to open an intercourse and commerce upon terms of reciprocity without delay,” the Ministers of the United States, on the 29th of April, proposed to Mr Hartley the enclosed articles, marked A, which they were ready to confirm. Mr Hartley signified his approbation, but could not agree without consulting his Court. Indeed he had omitted to take with him his commission and full powers. A messenger was despatched to London, and upwards of three weeks were wasted in waiting for a return; the articles were not acceptable.

On the 21st of May, Mr Hartley on his part laid before us the enclosed article, marked B, and left it for our consideration. We judged it necessary, without intimating our own sentiments, to demand from him in writing, whether he was authorised to confirm his proposition? To save writing, Mr Hartley returned a verbal answer in the negative, and again despatched a messenger. In a word, it appeared that his full powers, which he had then received, authorised him to do nothing. I had in vain waited for the result of the second consultation to the 7th instant, when, at the request of my colleagues, founded upon a suggestion of my own, I proceeded to this city on special business, for easing if practicable the weight of public bills lately drawn upon Mr Grand, which probably the gentlemen at Paris will more fully explain.

I can say nothing yet of my hopes of success. My apprehensions of danger, in committing the United States in the present moment of uncertainty, deters me from acting as I might have done, had our treaties been concluded, or had I a prospect of their being soon brought to good effect. Those assurances, which I had the honor of communicating in my former letters, seem to have undergone a wonderful refinement. Reciprocity appears now to mean enjoyment on one side, and restrictions on the other. This change may have been wrought by the sudden and unexpected arrival of divers ships and cargoes from different ports in the United States. The British Minister at Paris cordially assured me that he was of this opinion.

In a conference with Mr Secretary Fox on the 14th instant, he informed me, that positive orders for the removal of the British troops from New York were actually despatched, that he had transmitted an answer to Mr Hartley’s last consultation, and at the same time intimated upon a question from me, that in his opinion I might have time enough for taking some days’ benefit of Bath, which my enfeebled limbs call loudly for. Hence I infer, that the last instructions to Mr Hartley are either calculated for gaining further time, or are such as the American Ministers cannot accede to; and I conclude that my absence from Paris, whether I make any attempts in the particular business of my journey hither or not, will prove no inconvenience to my colleagues. I intend therefore to go to Bath in two or three days, and while I am endeavoring to recover my health, the interests of my country shall be my principal study; at the same time I flatter myself with hopes of receiving from Congress the formal permission which I have solicited, to return to America.

I have the honor to be, &c.

HENRY LAURENS.

_P. S._ Besides the papers A and B, you will find enclosed a copy of an Order in Council of the 14th of May, 1783, and Mr Hartley’s observations on his propositions of the 21st of May.

_P. S. 18th._ I have just received an intimation of the tottering state of the present Ministry from their own quarter. Should the late premier recover the reins, which were plucked out of his hands, I apprehend everything in his power will be attempted to embarrass our proceeding.

A.

_Articles proposed by the American Commissioners to Mr Hartley._

ARTICLE I.

It is agreed, that as soon as his Britannic Majesty shall have withdrawn all his armies, garrisons, and fleets from the United States of America, and from every port, post, place, and harbor, within the same, as stipulated by the seventh article of the Provisional Treaty of the 30th of November, 1782, then, and from thenceforth, for and during the term of _______ years, all rivers, harbors, lakes, ports, and places, belonging to the United States, or any of them, shall be open and free to the merchants, and other subjects of the crown of Great Britain and their trading vessels, who shall be received, treated, and protected like the merchants and trading vessels of the States in which they may be, and be liable to no other charges or duties.

And reciprocally, all rivers, harbors, lakes, ports, and places, under the dominion of his Britannic Majesty, shall thenceforth be open and free to the trading vessels of the said United States, and of each and every of them, who shall be received, treated, and protected like the merchants and trading vessels of Great Britain, and be liable to no other charges and duties, saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain nor any of the most favored nations participate in.

ARTICLE II.

It is agreed, that such persons as may be in confinement in the United States of America, for or by reason of the part which they may have taken in the late war, shall be set at liberty immediately on the evacuation of the said States, by the troops and fleets of his Britannic Majesty.

And it is likewise agreed, that all such persons who may be in confinement, in any parts under the dominion of his Britannic Majesty, for, or by reason of the part which they may have taken in the late war, shall, at the same time, be also immediately set at liberty.

ARTICLE III.

The prisoners made respectively by the arms of his Britannic Majesty and those of the United States of America, both by land and sea, shall be immediately set at liberty without ransom, on paying the debts they may have contracted during their captivity. And each contracting party shall respectively reimburse the sums, which shall have been advanced for the subsistence and maintenance of their prisoners by the sovereign of the country where they shall have been detained, according to the receipts and attested accounts, and other authentic titles which shall be produced on each side.

B.

_Mr Hartley’s proposed Article of Agreement, delivered by him to
the American Commissioners for their Consideration, May 21st,
1783._

Whereas it is highly necessary that an intercourse of trade and commerce should be opened between the people and territories belonging to the Crown of Great Britain, and the people and territories of the United States of America. And, whereas, it is highly expedient that the intercourse between Great Britain and the said United States, should be established on the most enlarged principles of reciprocal benefit to both countries; but from the distance between Great Britain and America, it must be a considerable time before any convention or treaty for establishing and regulating the trade and intercourse between Great Britain and the said United States of America, upon a permanent foundation can be concluded; now for the purpose of making a temporary regulation of the commerce and intercourse between Great Britain and the United States of America,

It is agreed, that all the citizens of the United States of America shall be permitted to import into, and export from, any part of his Britannic Majesty’s dominions in American ships, any goods, wares and merchandise, which have been so imported, or exported, by the inhabitants of the British American Colonies, before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now, or may be subject and liable to, if imported by British subjects in British ships, from any British island or plantation in America, and that all the subjects of his Britannic Majesty shall be permitted to import and export from any part of the territories of the United States of America, in British ships, any goods, wares and merchandise, which might have been so imported, or exported by the subjects of his Britannic Majesty before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods, wares and merchandise are now, or may be subject and liable to, if imported in American ships by any of the citizens of the United States of America.

This agreement to continue in force until _______. Provided always, that nothing contained in this agreement shall at any time hereafter be argued on either side, in support of any future demand or claim.

_Observations and Propositions of Mr Hartley, left with the
American Ministers, May 21st_, 1783.

A proposition having been offered by the American ministers for the consideration of his Britannic Majesty’s ministers, and of the British nation, for an entire and reciprocal freedom of intercourse and commerce between Great Britain and the American United States, in the following words, viz.

“That all rivers, harbors, lakes, ports and places, belonging to the United States or any of them, shall be open and free to the merchants and other subjects of the Crown of Great Britain and their trading vessels, who shall be received, treated and protected like the merchants and trading vessels of the State in which they may be, and may be liable to no other charges or duties.

“And reciprocally, that all rivers, harbors, lakes, ports and places, under the dominion of his Britannic Majesty, shall be open and free to the merchants and trading vessels of the said United States, and of each and every of them, who shall be received, treated, and protected like the merchants and trading vessels of Great Britain, and to be liable to no other charges and duties, saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain, or any of the most favored nations participate in.”