Chapter D: Hartley (1)

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TO ROBERT R. LIVINGSTON.

Passy, October 14th, 1782.

Sir,

I have but just received information of this opportunity, and have only time allowed to write a few lines.

In my last of the 26th past, I mentioned that the negotiation for peace had been obstructed, by the want of due form in the English commissions appointing their plenipotentiaries. In that for treating with us, the mentioning our States by their public name had been avoided, which we objected to; another is come, of which I send a copy enclosed. We have now made several preliminary propositions, which the English Minister, Mr Oswald, has approved, and sent to his Court. He thinks they will be approved there, but I have some doubts. In a few days, however, the answer expected will determine. By the first of these articles, the King of Great Britain renounces for himself and successors, all claim and pretension to dominion or territory within the Thirteen United States; and the boundaries are described as in our instructions, except that the line between Nova Scotia and New England is to be settled by Commissioners after the peace. By another article, the fishery in the American seas is to be freely exercised by the Americans, wherever they might formerly exercise it while united with Great Britain. By another, the citizens and subjects of each nation are to enjoy the same protection and privileges, in each others' ports and countries, respecting commerce, duties, &c. that are enjoyed by native subjects. The articles are drawn up very fully by Mr Jay, who I suppose sends you a copy; if not, it will go by the next opportunity. If these articles are agreed to, I apprehend little difficulty in the rest. Something has been mentioned about the refugees and English debts, but not insisted on, as we declared at once, that whatever confiscations had been made in America, being in virtue of the laws of particular States, the Congress had no authority to repeal those laws, and therefore could give us none to stipulate for such repeal.

I have been honored with the receipt of your letters, Nos 14 and 15. I have also received two letters from Mr Lewis R. Morris, both dated the 6th of July, and one dated the 10th of August, enclosing bills for

68,290 livres,
71,380
9,756
-------
In all 149,426 livres,

being intended for the payment of Ministers' salaries for the two first quarters of this year. But as these bills came so late, that all those salaries were already paid, I shall make no use of the bills, but lay them by till further orders; and the salaries of different Ministers not having all the same times of falling due, as they had different commencements, I purpose to get all their accounts settled and reduced to the same period, and send you the state of them, that you may be clear in future orders. I see in one of the estimates sent me, that a quarter's salary of a Minister is reckoned at 14,513 livres, in the other it is reckoned 16,667 livres, and the bill for 9,756[6] livres is mentioned as intended to pay a balance due on the remittance of the 68,290 livres. Being unacquainted with the state of your exchange, I do not well comprehend this, and therefore leave the whole for the present, as I have said above. Permit me only to hint for your consideration, whether it may not be well hereafter to omit mention of sterling, in our appointments, since we have severed from the country to which that denomination of money is peculiar; and also to order the payment of your Ministers in such a manner, that they may know exactly what they are to receive, and not be subject to the fluctuations of exchange. If it is that, which occasions the difference between 14,583 for the first quarter, and the 16,667 for the second, it is considerable. I think we have no right to any advantage by the exchange, nor should we be liable to any loss from it. Hitherto we have taken 15,000 for a quarter, (subject however to the allowance or disallowance of Congress) which is lower than the medium between those two extremes.

The different accounts given of Lord Shelburne's character, with respect to sincerity, induced the Ministry here to send over M. de Rayneval, Secretary to the Council, to converse with him, and endeavor to form by that means a more perfect judgment of what was to be expected from the negotiations. He was five or six days in England, saw all the Ministers, and returned quite satisfied, that they are sincerely desirous of peace, so that the negotiations now go on with some prospect of success. But the Court and people of England are very changeable. A little turn of fortune in their favor sometimes turns their heads; and I shall not think a speedy peace to be depended on, till I see the treaties signed. I am obliged to finish.

With great esteem, &c.

B. FRANKLIN.

FOOTNOTE:

[6] This was not merely to pay a balance, but an excess on account of
contingencies. _Note by Mr Livingston_.

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TO JOHN ADAMS.

Passy, October 15th, 1782.

Sir,

A long and painful illness has prevented my corresponding with your Excellency regularly.

Mr Jay has, I believe, acquainted you with the obstructions our peace negotiations have met with, and that they are at length removed. By the next courier expected from London, we may be able perhaps to form some judgment of the probability of success, so far as relates to our part of the peace. How likely the other powers are to settle their pretensions, I cannot yet learn. In the mean time, America is gradually growing more easy, by the enemy's evacuation of their posts; as you will see by some intelligence I enclose.

With great respect, I have the honor to be, &c.

B. FRANKLIN.

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FROM T. TOWNSHEND TO B. FRANKLIN.

Whitehall, October 23d, 1782.

Sir,

As Mr Strachey is going from hence to Paris, with some particulars for Mr Oswald, which were not easily to be explained in writing, I take the liberty of introducing him to your acquaintance, though I am not sure that he is not a little known to you. The confidential situation in which he stands with me, makes me particularly desirous of presenting him to you.

I believe, Sir, I am enough known to you, for you to believe me, when I say, that there has not been from the beginning a single person more averse to the unhappy war, or who wishes more earnestly than I do, for a return of peace and mutual amity between Great Britain and America.

I am, with great regard, Sir, your most obedient humble servant,

T. TOWNSHEND.

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TO THOMAS TOWNSHEND.

Passy, November 4th, 1782.

Sir,

I received the letter you did me the honor of writing to me by Mr Strachey, and was much pleased with the opportunity it gave me of renewing and increasing my acquaintance with a gentleman of so amiable and deserving a character.

I am sensible you have ever been averse to the measures that brought on this unhappy war; I have, therefore, no doubt of the sincerity of your wishes for a return of peace. Mine are equally earnest. Nothing, therefore, except the beginning of the war, has given me more concern than to learn at the conclusion of our conferences, that it is not likely to be soon ended. Be assured, no endeavors on my part would be wanting to remove any difficulties that may have arisen, or even if a peace were made, to procure afterwards any changes in the treaty that might tend to render it more perfect, and the peace more durable. But we, who are here at so great a distance from our constituents, have not the possibility of obtaining in a few days fresh instructions, as is the case with your negotiators, and are therefore obliged to insist on what is conformable to those we have, and at the same time appears to us just and reasonable.

With great esteem and respect, I have the honor to be, Sir, &c.

B. FRANKLIN.

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TO ROBERT R. LIVINGSTON.

Passy, November 7th, 1782.

Sir,

The Baron de Kermelin, a Swedish gentleman of distinction, recommended strongly to me by his Excellency, the Ambassador of that nation to this Court, as a person highly esteemed in his own, purposes a journey through North America, to view its natural productions, acquaint himself with its commerce, and acquire such information as may be useful to his country, in the communication and connexion of interests that seem to be growing, and probably may soon become considerable between the two nations. I therefore beg leave to introduce him to you, and request that you would present him to the President of Congress, and to such other persons as you shall think may be useful to him in his views, and I recommend him earnestly to those civilities, which you have a pleasure in showing to strangers of merit.

I have the honor to be, &c.

B. FRANKLIN.

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ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 9th, 1782.

Dear Sir,

Mr Stewart, informing me that he shall set out tomorrow for Paris, will be the bearer of this, and duplicates of my last letters. The want of time will prevent my sending Mr Jay duplicates of the resolutions formerly enclosed to him, which will be the more unnecessary as you will communicate those you receive with this, if my former letters containing them, have not reached him.

We are much flattered by the proposals of Sweden, and feel all the force of its Minister's observations; every new acknowledgment lays the foundation of others, and familiarizes Great Britain with the idea of acknowledging us as sovereign and independent. I feel some pleasure, too, in thinking that you are to be the instrument of procuring us new connexions, and beg leave to remind you of another which calls upon your attention, though it seems to have been forgotten in the hurry of business. I mean that with the States of Barbary. The good dispositions of the Court of France towards us, and the enlarged policy by which their measures are actuated, together with the coolness that at present subsists between the Emperor of Morocco and Great Britain, (if we are well informed) seem to point out this as the favorable moment for making ourselves known to him. As Mr Jay is now with you, I wish you would consult upon the means of bringing this about, so that we may not be shut out of the Mediterranean in future.

I know you will start a very obvious objection. But as this can only be removed by your influence where you now are, we rely upon you for the means as well as for the manner of treating. I have not thought it necessary to say anything to Congress on this subject, nor shall I, till you give me hopes that something may be done in it.

The only political object of a general nature, that has been touched upon in Congress since my last, is the exchange of prisoners, which seems at present to be as far as ever from being effected. The propositions on the side of the enemy were to exchange seamen for soldiers, they having no soldiers in their hands; that the soldiers so exchanged should not serve for one year against the United States; that the sailors might go into immediate service; that the remainder of the soldiers in our hands should be given up at a stipulated price.

Congress rejected this proposal as unequal; as letting loose a force, which might be employed against our allies in the West Indies; as making no provision for the payment of the large balance due to us for the maintenance of prisoners. They further required, that General Carleton should explicitly declare, that the powers he gives to his Commissioners for negotiating an exchange are derived from the King of Great Britain, so that any engagement for the payment of the debt they have incurred may be considered as binding upon the nation. With respect to Mr Laurens, they have come to no decided opinion. The Committee to whom it was referred, reporting that,

"With respect to the information contained in the extract of Sir Guy Carleton's and Admiral Digby's letter of the 2d of August, '_that after Mr Laurens was discharged, he declared that he considered Lord Cornwallis as freed from his parole_,' your Committee conceive it sufficient to observe, that no intimation having been received of such a fact, except, from the said extract, and Congress having given no directions to that purpose, the consideration thereof would in their opinion be premature, and ought therefore to be deferred." Since which, though letters have been received from Mr Laurens, they have come to no resolution, unless their direction to him to proceed in the business of his mission may be considered as such.

General Carleton has sent out the trial of Lippincott, which admits the murder of Huddy, but justifies Lippincott under an _irregular_ order of the Board of Refugees. So paltry a palliation of so black a crime would not have been admitted, and Captain Asgill would certainly have paid the forfeit for the injustice of his countrymen, had not the interposition of their Majesties prevented. The letter from the Count de Vergennes is made the groundwork of the resolution passed on that subject. I shall transmit you the resolve.

I suppose I need not tell you, that the enemy contrived to get off the Eagle and to carry her, to New York. You will find, in the enclosed papers, a very polite letter from Captain Elphingston; it is easier to be so in word than in deed among the British. Digby has refused to permit him to comply with his engagement, at least so far as his share of the prize is concerned, and insists upon dividing the baggage of the officers, and sharing the eighth pair of breeches, &c.

On the 4th instant, Mr Boudinot was elected President in the room of Mr Hanson, whose term of service had expired. Mr Lewis Morris will enclose bills purchased here at six shillings and three pence, currency, for five livres, to the amount of your last quarter's salary, ending the first of October.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

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ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 21st, 1782.

Sir,

Congress a few days since, passed the enclosed resolution, No. 1, by which they have added Mr Jefferson to the commission for concluding a peace. The established character of this gentleman gives me reason to hope, that his appointment will be very acceptable to you, and the other gentlemen in the commission. I have not yet learned whether he will take the task upon him, but I have reason to believe he will, the death of his wife having lessened, in the opinion of his friends, the reluctance which he has hitherto manifested to going abroad. I think it would be proper to make a formal annunciation of this resolution to the Court of France. You will naturally give such a representation of Mr Jefferson's character, as will secure to him there that esteem and confidence which he justly merits. The resolution, No. 2, needs no comment; or if it does, Mr Morris will prove the able commentator. I resign the task to him.

For what end are the show of negotiations kept up by England, when peace upon the only terms she can possibly expect to obtain it is far from her heart? Her Ministers, like some Ministers of the Gospel, who are unwilling to quit the pulpit when they have tired out their hearers, expect to keep the people together by calling out at every period, "now to conclude," while they continue the same dull tale for want of skill to wind it up.

By accounts from Jamaica, we learn that the British have recovered most of their settlements on the Bay. Some attention will, I hope, be paid in the treaty of peace to secure to us the share we formerly had in the logwood trade; it was a valuable remittance to us, and the low price at which we were enabled to sell renders it important to other nations, that we should not be excluded from furnishing it as usual. You will find by the enclosed paper, that Mr Burgess, an English merchant, was not permitted to settle at Boston and obtain the rights of citizenship, upon principles which must be alarming to England. It shows at the same time the respect that is paid to the resolutions of Congress, notwithstanding all that has been said and written to prove the contrary.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

_P. S._ I forgot to mention, that I am solicited by Mr Barlow to transmit to you proposals for printing a work of his, which you will find described in the enclosed proposals, as they are accompanied with a specimen of his poetry, which is as much as I have seen of it. You will judge yourself how far it deserves the patronage he wishes you to give it.

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TO RICHARD OSWALD.

Passy, November 26th, 1782.

Sir,

You may well remember, that in the beginning of our conferences, before the other Commissioners arrived, on your mentioning to me a retribution for the royalists, whose estates had been confiscated, I acquainted you that nothing of that kind could be stipulated by us, the confiscation being made by virtue of laws of particular States, which the Congress had no power to contravene or dispense with, and therefore could give us no such authority in our commission. And I gave it as my opinion and advice, honestly and cordially, that if a reconciliation was intended, no mention should be made in our negotiations of those people; for they having done infinite mischief to our properties, by wantonly burning and destroying farm-houses, villages, and towns, if compensation for their losses were insisted on, we should certainly exhibit again such an account of all the ravages they had committed, which would necessarily recall to view scenes of barbarity that must inflame, instead of conciliating, and tend to perpetuate an enmity that we all profess a desire of extinguishing. Understanding, however, from you, that this was a point your Ministry had at heart, I wrote concerning it to Congress, and I have lately received the following resolution, viz.

"_By the United States, in Congress assembled._"

September 10th, 1782.

"RESOLVED, That the Secretary for Foreign Affairs be, and he is
hereby directed to obtain, as speedily as possible, authentic
returns of the slaves and other property, which have been carried
off or destroyed in the course of the war by the enemy, and to
transmit the same to the Ministers Plenipotentiary for
negotiating peace.

"RESOLVED, That, in the meantime, the Secretary for Foreign
Affairs inform the said Ministers, that many thousands of slaves,
and other property, to a very great amount, have been carried
off, or destroyed by the enemy; and that in the opinion of
Congress, the great loss of property, which the citizens of the
United States have sustained by the enemy, will be considered by
the several States as an insuperable bar to their making
restitution or indemnification to the former owner of property,
which has been, or may be forfeited to, or confiscated by any of
the States."

In consequence of these resolutions and circular letters of the Secretary, the Assembly of Pennsylvania, then sitting, passed the following act, viz.

"_State of Pennsylvania, in General Assembly._"

Wednesday, September 18th, 1782.

"The bill, entitled 'An Act for procuring an estimate of the damages sustained by the inhabitants of Pennsylvania, from the troops and adherents of the King of Great Britain during the present war,' was read a second time.

"Ordered to be transcribed, and printed for public consideration.

Extract from the minutes.

PETER Z. LLOYD.

_Clerk of the General Assembly._"

"Whereas great damages, of the most wanton nature, have been committed by the armies of the King of Great Britain, or their adherents within the territory of the United States of North America, unwarranted by the practice of civilized nations, and only to be accounted for from the vindictive spirit of the said King and his officers; and whereas an accurate account and estimate of such damages, more especially the waste and destruction of property, may be very useful to the people of the United States of America, in forming a future treaty of peace, and, in the meantime, may serve to exhibit in a true light to the nations of Europe the conduct of the said King, his Ministers, officers, and adherents; to the end, therefore, that proper measures be taken to ascertain the damages aforesaid, which have been done to the citizens and inhabitants of Pennsylvania, in the course of the present war within this State; Be it enacted by the House of Representatives of the freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, that in every county of this State, which has been invaded by the armies, soldiers, or adherents of the King of Great Britain, the Commissioners of every such county shall immediately meet together, each within their county, and issue directions to the assessors of the respective townships, districts, and places within such county, to call upon the inhabitants of every township and place, to furnish accounts and estimates of the damages, waste, spoil, and destruction, which have been done and committed as aforesaid, upon the property, real or personal, within the same township or place, since the first day of which was in the year of our Lord 177 , and the same accounts and estimates to be transmitted to the Commissioners without delay. And if any person or persons shall refuse or neglect to make out such accounts and estimates, the said assessors of the township or place shall, from their own knowledge, and by any other reasonable and lawful method, take and render such an account and estimate of all damage done or committed, as aforesaid; Provided always, that all such accounts and estimates to be made out and transmitted as aforesaid, shall contain a narrative of the time and circumstances; and if in the power of the person aggrieved, the names of the General, or other officers or adherents of the enemy by whom the damage in any case was done, or under whose orders the army, detachment, party, or persons, committing the same, acted at that time, and also the name and condition of the person or persons, whose property was so damaged or destroyed, and that all such accounts and estimates be made in current money, upon oath or affirmation of the sufferer, or of others having knowledge concerning the same; and that in every case it be set forth, whether the party injured hath received any satisfaction for his loss, and by whom the same was given.

"And be it further enacted by the authority aforesaid, that the said Commissioners, having obtained the said accounts and estimates from the assessor of the several townships and places, shall proceed to inspect and register the same in a book, to be provided for that purpose, distinguishing the districts and townships, and entering those of each place together; and if any account and estimate be imperfect, or not sufficiently verified and established, the said Commissioners shall have power, and they, or any two of them, are hereby authorised to summon and compel any person, whose evidence they shall think necessary, to appear before them at a day and place appointed, to be summoned upon oath or affirmation, concerning any damage or injury as aforesaid; and the said Commissioners shall, upon the call and demand of the President, or Vice President of the Supreme Executive Council, deliver, or send to the Secretary of the said council, all or any of the original accounts and estimates aforesaid, and shall also deliver, or send to the said Secretary, copies of the book aforesaid, or any part or parts thereof, upon reasonable notice. And be it further enacted by the authority aforesaid, that all losses of negro or mulatto slaves and servants, who have been deluded and carried away by the enemies of the United States, and who have not been recovered or recompensed, shall be comprehended within the accounts and estimates aforesaid; and that the Commissioners and assessors of any county, which had not been invaded as aforesaid, shall nevertheless inquire after, and procure accounts and estimates of any damages suffered by the loss of such servants and slaves, as is herein before directed as to other property.

"And be it further enacted by the authority aforesaid, that the charges and expenses of executing this act, as to the pay of the said Commissioners and assessors, shall be as in other cases; and that witnesses shall be rewarded for their loss of time and trouble, as witnesses summoned to appear in the courts of quarter sessions of the peace; and the said charges and expenses shall be defrayed by the commonwealth; but paid, in the first instance, out of the hands of the Treasurer of the County, for county rates, and levies upon orders drawn by the Commissioners of the proper county."

We have not yet had time to hear what has been done by the other assemblies; but I have no doubt that similar acts will be made use of by all of them, and that the mass of evidence produced by the execution of those acts, not only of the enormities committed by those people, under the direction of the British Generals, but of those committed by the British troops themselves, will form a record that must render the British name odious in America to the latest generations. In that authentic record will be found the burning of the fine towns of Charlestown, near Boston; of Falmouth, just before winter, when the sick, the aged, the women and children, were driven to seek shelter where they could hardly find it; of Norfolk, in the midst of winter; of New London, of Fairfield, of Esopus, &c. besides near a hundred and fifty miles of well settled country laid waste; every house and barn burnt, and many hundreds of farmers, with their wives and children, butchered and scalped.

The present British Ministers, when they reflect a little, will certainly be too equitable to suppose, that their nation has a right to make an unjust war, (which they have always allowed this against us to be,) and do all sorts of unnecessary mischief, unjustifiable by the practice of any individual people, which those they make war with are to suffer without claiming any satisfaction; but that if Britons, or their adherents, are in return deprived of any property, it is to be restored to them, or they are to be indemnified. The British troops can never excuse their barbarities. They were unprovoked. The loyalists may say in excuse of theirs, that they were exasperated by the loss of their estates, and it was revenge. They have then had their revenge. _Is it right they should have both?_

Some of those people may have merit in their regard for Britain, and who espoused her cause from affection; these it may become you to reward. But there are many of them who were waverers, and were only determined to engage in it by some occasional circumstance or appearances; these have not much of either merit or demerit; and there are others, who have abundance of demerit respecting your country, having by their falsehoods and misrepresentations brought on and encouraged the continuance of the war; these, instead of being recompensed, should be punished.

It is usual among Christian people at war to profess always a desire of peace; but if the Ministers of one of the parties choose to insist particularly on a certain article, which they have known the others are not and cannot be empowered to agree to, what credit can they expect should be given to such professions?

Your Ministers require that we should receive again into our bosom those who have been our bitterest enemies, and restore their properties who have destroyed ours, and this, while the wounds they have given us are still bleeding! It is many years since your nation expelled the Stuarts and their adherents, and confiscated their estates. Much of your resentment against them may by this time be abated; yet, if we should propose it, and insist on it as an article of our treaty with you, that that family should be recalled and the forfeited estates of its friends restored, would you think us serious in our progressions of earnestly desiring peace?

I must repeat my opinion, that it is best for you to drop all mention of the refugees. We have proposed, indeed, nothing but what we think best for you as well as ourselves. But if you will have them mentioned, let it be in an article, in which you may provide, that they shall exhibit accounts of their losses to the Commissioners, hereafter to be appointed, who should examine the same, together with the accounts now preparing in America of the damages done by them, and state the account, and that if a balance appears in their favor, it shall be paid by us to you, and by you divided among them as you shall think proper. And if the balance is found due to us, it shall be paid by you.

Give me leave, however, to advise you to prevent the necessity of so dreadful a discussion by dropping the article, that we may write to America and stop the inquiry.

I have the honor to be, &c.

B. FRANKLIN.

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ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 27th, 1782.

Sir,

An opportunity offering from this port to write directly to you, I do not choose to hazard anything by the post, which carries this to Boston, particularly as I did not hear till just now, that a frigate was to sail from thence, and it is uncertain whether this will arrive in time to go by her. This then only accompanies the newspapers, which contain all the public information now in circulation.

The Memorials of Messrs la Marque and Fabru are transmitted to South Carolina, as it is a matter in which the United States are not concerned. It is to be hoped, that the State will do justice to the claimants, if, as asserted, Gillon acted under authority from them. He has just left this with his ship, not in the most honorable manner, having, as I am informed, been arrested by order of the proprietor of the ship for his proportion of the prize money. The sheriff stands in the gap.

The Swiss officer mentioned in yours, I have sent to Edenton to get information about. You shall have the result of inquiries in my next.

As your grandson will probably choose to continue in the line he is in, I cannot but think he might find important advantages from opening a correspondence with this office. His diligence and accuracy in collecting and transmitting intelligence would procure him friends here. My attachment to you will render me desirous to place them in the best light.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

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TO COUNT DE VERGENNES.

Passy, November 29th, 1782.

Sir,

I have the honor to acquaint your Excellency, that the Commissioners of the United States have agreed with Mr Oswald, on the preliminary articles of the peace between those States and Great Britain. Tomorrow I hope we shall be able to communicate to your Excellency a copy of them.[7]

With great respect, I have the honor to be, Sir, your Excellency's most obedient and most humble servant,

B. FRANKLIN.

FOOTNOTE:

[7] These articles will be found in the Correspondence of the
Commissioners.

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ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, December 3d, 1782.

Sir,

I have just now received the certificates required by Mr Wallier. The vessel which carries my other despatches having been long detained, I embrace the opportunity to forward them. Nothing new since my last, except that, by a gentleman who left Charleston the 4th instant, we learn that the British had dismounted their cannon, and were certainly on the point of leaving it.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON

Passy, December 4th, 1782.

Sir,

We detain the Washington a little longer, expecting an English passport for her in a few days, and as possibly some vessel bound for North America may sail before her, I write this line to inform you, that the French preliminaries with England are not yet signed, though we hope they may be very soon. Of ours I enclose a copy. The Dutch and Spain have yet made but little progress, and as no definitive treaty will be signed till all are agreed, there may be time for Congress to give us further instructions, if they think proper. We hope the terms we have obtained will be satisfactory, though, to secure our main points, we may have yielded too much in favor of the royalists. The quantity of aid to be afforded us remains undecided. I suppose something depends on the event of the treaty. By the Washington you will be fully informed of everything.

With great regard, I have the honor to be, &c.

B. FRANKLIN.

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, December 5th, 1782.

Sir,

I am honored by your several letters, Nos 16, 17, 18 and 19, dated September 5th, 13th, 15th, and 18th. I believe that the complaints you make in them of my not writing, may ere now have appeared less necessary, as many of my letters written before those complaints must have since come to hand. I will nevertheless mention some of the difficulties your Ministers meet with, in keeping up a regular and punctual correspondence. We are far from the seaports, and not well informed, and often misinformed about the sailing of vessels. Frequently we are told they are to sail in a week or two, and often they lie in the ports for months after, with our letters on board, either waiting for convoy, or for other reasons. The post office here is an unsafe conveyance; many of the letters we received by it have evidently been opened, and doubtless the same happens to those we send; and at this time particularly, there is so violent a curiosity in all kinds of people to know something relating to the negotiations, and whether peace may be expected, or a continuance of the war, that there are few private hands or travellers, that we can trust with carrying our despatches to the seacoast; and I imagine that they may sometimes be opened and destroyed because they cannot be well sealed. Again, the observation you make, that the Congress Ministers in Europe seem to form themselves into a privy council, transacting affairs without the privity or concurrence of the sovereign, may be in some respects just; but it should be considered, that if they do not write as frequently as other Ministers here do to their respective Courts, or if when they write, their letters are not regularly received, the greater distance of the seat of war, and the extreme irregularity of conveyances may be the causes, and not a desire of acting without the knowledge or orders of their constituents. There is no European Court, to which an express cannot be sent from Paris in ten or fifteen days, and from most of them answers may be obtained in that time. There is, I imagine, no Minister who would not think it safer to act by orders than from his own discretion; and yet, unless you leave more to the discretion of your Ministers in Europe than Courts usually do, your affairs may sometimes suffer extremely from the distance which, in the time of war especially, may make it five or six months before the answer to a letter shall be received. I suppose the Minister from this Court will acquaint Congress with the King's sentiments, respecting their very handsome present of a ship of the line. People in general here are much pleased with it.

I communicated, together with my memoir demanding a supply of money, copies of every paragraph in your late letters, which express so strongly the necessity of it. I have been constant in my solicitations both directly, and through the Marquis de Lafayette, who has employed himself diligently and warmly in the business. The negotiations for peace are, I imagine, one cause of the great delay and indecision on this occasion beyond what has been usual, as the quantum may be different if those negotiations do or do not succeed. We have not yet learnt what we may expect. We have been told that we shall be aided, but it cannot be to the extent demanded; six millions have been mentioned, but not as a sum fixed. The Minister tells me still, that he is working upon the subject, but cannot yet give a determinative answer. I know his good will to do the best for us that is possible.

It is in vain for me to repeat again what I have so often written, and what I find taken so little notice of, that there are bounds to everything, and that the faculties of this nation are limited like those of all other nations. Some of you seem to have established as maxims the suppositions, that France has money enough for all her occasions, and all ours besides; and that if she does not supply us, it is owing to her want of will, or to my negligence. As to the first, I am sure it is not true, and to the second, I can only say I should rejoice as much as any man in being able to obtain more; and I shall also rejoice in the greater success of those who may take my place. You desire to be very particularly acquainted with "every step which tends to negotiation." I am, therefore, encouraged to send you the first part of the journal, which accidents, and a long severe illness interrupted; but which, from notes I have by me, may be continued if thought proper. In its present state, it is hardly fit for the inspection of Congress, certainly not for public view. I confide it therefore to your prudence.

The arrival of Mr Jay, Mr Adams, and Mr Laurens, has relieved me from much anxiety, which must have continued, if I had been left to finish the treaty alone; and it has given me the more satisfaction, as I am sure the business has profited by their assistance.

Much of the summer has been taken up in objecting against the powers given by Great Britain, and in removing those objections. The not using any expressions, that might imply an acknowledgment of our independence, seemed at first industriously to be avowed. But our refusing otherwise to treat, at length induced them to get over that difficulty, and then we came to the point of making propositions. Those made by Mr Jay and me before the arrival of the other gentlemen, you will find in the paper A, which was sent by the British Plenipotentiary to London for the King's consideration. After some weeks, an under secretary, Mr Strachey, arrived, with whom we had much contestation about the boundaries and other articles which he proposed and we settled; some of which he carried to London, and returned with the propositions, some adopted, others omitted or altered, and new ones added, which you will see in paper B. We spent many days in disputing, and at length agreed on and signed the preliminaries, which you will see by this conveyance. The British Minister struggled hard for two points, that the favors granted to the royalists should be extended, and all our fishery contracted. We silenced them on the first, by threatening to produce an account of the mischief done by those people, and as to the second, when they told us they could not possibly agree to it as we requested it, and must refer it to the Ministry in London, we produced a new article to be referred at the same time, with a note of facts in support of it, which you have, C.[8] Apparently, it seemed, that to avoid the discussion of this, they suddenly changed their minds, dropped the design of recurring to London, and agreed to allow the fishery as demanded.

FOOTNOTE:

[8] The papers alluded to in this letter will be found in the
Correspondence of the Commissioners for negotiating peace.

You will find in the preliminaries some inaccurate and ambiguous expressions, that want explanation, and which may be explained in the definitive treaty, and as the British Ministry excluded our proposition relating to commerce, and the American prohibition of that with England may not be understood to cease merely by our concluding a treaty of peace, perhaps we may then, if the Congress shall think fit to direct it, obtain some compensation for the injuries done us as a condition of our opening again the trade. Every one of the present British Ministry has, while in the Ministry, declared the war against us as unjust, and nothing is clearer in reason, than that those who injure others by an unjust war, should make full reparation. They have stipulated too, in these preliminaries, that in evacuating our towns, they shall carry off no plunder, which is a kind of acknowledgment that they ought not to have done it before.

The reason given us for dropping the article relating to commerce, was, that some statutes were in the way, which must be repealed before a treaty of that kind could be well formed, and that this was a matter to be considered in Parliament.

They wanted to bring their boundary down to the Ohio, and to settle their loyalists in the Illinois country. We did not choose such neighbors.

We communicated all the articles, as soon as they were signed, to Count de Vergennes, (except the separate one) who thinks we have managed well, and told me that we had settled what was most apprehended as a difficulty in the work of a general peace, by obtaining the declaration of our independency.

_December 14th._ I have this day learnt, that the principal preliminaries between France and England are agreed on, to wit.

1st. France is to enjoy the right of fishing and drying on all the west coast of Newfoundland, down to Cape Ray. Miquelon and St Pierre to be restored, and may be fortified.

2d. Senegal remains to France, and Goree to be restored. The Gambia entirely to England.

3d. All the places taken from France in the East Indies to be restored, with a certain quantity of territory round them.

4th. In the West Indies, Grenada and the Grenadines, St Christophers, Nevis and Montserat, to be restored to England. St Lucia to France. Dominique to remain with France, and St Vincents to be neutralized.

5th. No Commissioner at Dunkirk.

The points not yet quite settled are the territory round the places in the Indies, and neutralization of St Vincents. Apparently these will not create much difficulty.

Holland has yet hardly done anything in her negotiation.

Spain offers for Gibraltar to restore West Florida and the Bahamas. An addition is talked of the island of Guadaloupe, which France will cede to Spain in exchange for the other half of Hispaniola, and Spain to England, but England, it is said, chose rather Porto Rico. Nothing yet concluded.

As soon as I received the commission and instructions for treating with Sweden, I waited on the Ambassador here, who told me he daily expected a courier on that subject. Yesterday he wrote a note to acquaint me, that he would call on me today, having something to communicate to me. Being obliged to go to Paris, I waited on him, when he showed me the full powers he had just received, and I showed him mine. We agreed to meet on Wednesday next, exchange copies, and proceed to business. His commission has some polite expressions in it, to wit; "that his Majesty thought it for the good of his subjects to enter into a treaty of amity and commerce with the United States of America, who had established their independence so justly merited by their courage and constancy;" or to that effect. I imagine this treaty will be soon completed; if any difficulty should arise, I shall take the advice of my colleagues.

I thank you for the copies of Mr Paine's letter to the Abbé Raynal, which I have distributed to good hands. The errors we see in histories of our times and affairs weaken our faith in ancient history. M. Hilliard d'Auberteuil has here written another history of our revolution, which however he modestly calls _an essay_, and fearing that there may be errors, and wishing to have them corrected, that his second edition may be more perfect, he has brought me six sets, which he desires me to put into such hands in America, as may be good enough to render him and the public that service. I send them to you for that purpose, by Captain Barney, desiring that one set may be given to Mr Paine, and the rest where you please. There is a quarto set in the parcel, which please to accept from me.

I have never learnt whether the box of books I sent to you, and the press to Mr Thompson, were put on board the Eagle or one of the transports. If the former, perhaps you might easily purchase them at New York; if the latter, you may still receive them among the goods for Congress, now shipping by Mr Barclay. If they are quite lost let me know it, that I may replace them.

I have received several letters from your office with bills to pay Ministers' salaries. Nothing has yet been done with those bills, but I have paid Mr Laurens 20,000 livres.

I have this day signed a common letter to you drawn up by my colleagues, which you will receive herewith. We have kept this vessel longer for two things, a passport promised us from England, and a sum to send in her; but she is likely to depart without both, being all of us impatient that Congress should receive early intelligence of our proceedings, and for the money we may probably borrow a frigate.

I am now entering on my 78th year; public business has engrossed fifty of them; I wish now to be, for the little time I have left, my own master. If I live to see this peace concluded, I shall beg leave to remind the Congress of their promise then to dismiss me. I shall be happy to sing with old Simeon, _now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation_.

With great esteem, &c.
B. FRANKLIN.

* * * * *

TO COUNT DE VERGENNES.

Passy, December 15th, 1782.

Sir,

I have the honor to acquaint your Excellency, that our courier is to set out tomorrow at ten o'clock, with the despatches we send to Congress, by the Washington, Captain Barney, for which ship we have got a passport from the King of England.[9] If you would make any use of this conveyance, the courier shall wait upon you tomorrow at Versailles, and receive your orders.

I hoped I might have been able to send part of the aids we have asked, by this safe vessel. I beg that your Excellency would at least inform me what expectations I may give in my letters. I fear the Congress will be reduced to despair, when they find that nothing is yet obtained.

With the greatest and most sincere respect, I am, Sir, your Excellency's most obedient and most humble servant,

B. FRANKLIN.

FOOTNOTE:

[9] _Copy of a Passport given to the Ship Washington, to carry over
the Preliminary Articles._

GEORGE the Third, by the Grace of God, King of Great Britain, France,
and Ireland, Defender of the Faith, and so forth. To all Admirals,
Vice Admirals, Captains, Commanders of our ships of war, or
privateers, Governors of our forts and castles, customhouse
comptrollers, searchers, &c., to all and singular our officers, and
military and loving subjects whom it may concern, greeting. Our will
and pleasure is, and we do hereby strictly charge and require you, as
we do likewise pray and desire the officers and ministers of all
Princes and States, in amity with us, to permit and suffer the vessel
called the Washington, commanded by Mr Joshua Barney, belonging to the
United States of North America, to sail from either of the ports of
France, to any port or place in North America, without any let,
hinderance, or molestation whatsoever; but on the contrary, affording
the said vessel all such aid and assistance as may be necessary.

Given at our Court of St James, the tenth day of December; 1782, in
the 23d year of our reign. By his Majesty's command.

T. TOWNSHEND.

* * * * *

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, December 15th, 1782.

Sir,

I cannot but be surprised, Sir, that after the explanation I have had with you, and the promise you gave, that you would not press the application for an English passport for the sailing of the packet Washington, that you now inform me, you have received the passport, and that at ten o'clock tomorrow morning your courier will set out to carry your despatches. I am at a loss, Sir, to explain your conduct and that of your colleagues on this occasion. You have concluded your preliminary articles without any communication between us, although the instructions from Congress prescribes, that nothing shall be done without the participation of the King. You are about to hold out a certain hope of peace to America, without even informing yourself on the state of the negotiation on our part.

You are wise and discreet, Sir; you perfectly understand what is due to propriety; you have all your life performed your duties. I pray you to consider how you propose to fulfil those, which are due to the King? I am not desirous of enlarging these reflections; I commit them to your own integrity. When you shall be pleased to relieve my uncertainty, I will entreat the King to enable me to answer your demands.

I have the honor to be, Sir, with sincere regard, your very humble and obedient servant,

DE VERGENNES.

* * * * *

TO COUNT DE VERGENNES.

Passy, December 17th, 1782.

Sir,

I received the letter your Excellency did me the honor of writing to me on the 15th instant. The proposal of having a passport from England was agreed to by me the more willingly, as I at that time had hopes of obtaining some money to send in the Washington, and the passport would have made its transportation safer, with that of our despatches, and of yours also, if you had thought fit to make use of the occasion. Your Excellency objected, as I understood it, that the English Ministers by their letters sent in the same ship, might convey inconvenient expectations into America. It was therefore I proposed not to press for the passport, till your preliminaries were also agreed to. They have sent the passport without being pressed to do it, and they have sent no letters to go under it, and ours will prevent the inconvenience apprehended. In a subsequent conversation your Excellency mentioned your intention of sending some of the King's cutters, whence I imagined, that detaining the Washington was no longer necessary; and it was certainly incumbent on us to give Congress as early an account as possible of our proceedings, who will think it extremely strange to hear of them by other means, without a line from us. I acquainted your Excellency, however, with our intention of despatching that ship, supposing you might possibly have something to send by her.

Nothing has been agreed in the preliminaries contrary to the interests of France; and no peace is to take place between us and England, till you have concluded yours. Your observation is, however, apparently just, that in not consulting you before they were signed, we have been guilty of neglecting a point of _bienséance_. But as this was not from want of respect for the King, whom we all love and honor, we hope it will be excused, and that the great work, which has hitherto been so happily conducted, is so nearly brought to perfection, and is so glorious to his reign, will not be ruined by a single indiscretion of ours. And certainly the whole edifice sinks to the ground immediately, if you refuse on that account to give us any further assistance.

We have not yet despatched the ship, and I beg leave to wait upon you on Friday for your answer.