Volume 2 — THE CORRESPONDENCE OF HENRY LAURENS,

COMMISSIONER FOR NEGOTIATING A TREATY OF AMITY AND COMMERCE WITH HOLLAND.

Henry Laurens was a native of Charleston, South Carolina, and born in the year 1724. He was among the foremost in embracing the cause of the Revolution, which he maintained to the end with extraordinary integrity, zeal, and firmness. As President of the first provincial Congress of Carolina, which assembled in 1775, he showed a determined spirit, that never forsook him afterwards, even in times of severe trial and suffering. He was a prominent member of the Continental Congress, and chosen President of that body on the resignation of Hancock. In the year 1779, the finances of the United States became so low, that it was found necessary to use every effort to procure foreign loans, and Mr Laurens was appointed a Commissioner to negotiate a loan in Holland. On the first of November following, there was joined to this commission another, which authorised him to negotiate a treaty of amity and commerce with the United Provinces.

Various reasons prevented his leaving the country, till the last of August, 1780. Meantime the Commission for a loan had been assigned to John Adams, and Mr Laurens was exclusively charged with the negotiation of a treaty. A few days after he sailed, the vessel was taken by a British man of war, and carried into St John’s, Newfoundland. From this place Mr Laurens wrote to Congress, but he was immediately sent to England, where he was closely imprisoned in the Tower for nearly fifteen months. He was at length released, in exchange for Lord Cornwallis. His papers were thrown overboard when the vessel was taken, but they did not sink before they were secured by the enemy. Being forwarded to London, their contents became the chief cause of a war between England and Holland.

After his release from the Tower, Mr Laurens went over to Holland, where he met Mr Adams, and proposed to engage in the business of his mission, but did not find by Mr Adams’s instructions, that he was authorised to proceed in such a measure. In reply to his request for a recall, Congress informed him, that his services were still needed in Europe, and directed him to join Messrs Franklin, Adams, and Jay at Paris, to assist in the negotiations for a general peace. This duty he performed, as far as the precarious state of his health would admit. Between the signing of the preliminary and definitive articles he spent much time in London, and rendered essential service by the intelligence he communicated to the British Ministry, and leading men of the government party, respecting the feelings of the people in the United States, particularly in regard to matters of trade, and a commercial treaty, which were then agitated in the British councils. He had several interviews on American affairs with Mr Fox, to whom he expressed his mind freely, as he had formerly done to Lord Shelburne.

Mr Laurens returned to the United States in the summer of 1784, and retired to his native State. No solicitations could induce him afterwards to accept any public office. He died on the 8th of December, 1792, at the age of sixtynine.

THE CORRESPONDENCE OF HENRY LAURENS.

INSTRUCTIONS TO HENRY LAURENS.

In Congress, October 26th, 1779.

Congress took into consideration the report of the Committee on Instructions to the person appointed to negotiate a loan in Holland; whereupon

Resolved, That he be instructed to borrow a sum not exceeding ten millions of dollars, at the lowest rate possible, not exceeding six per cent per annum.

Resolved, That he be empowered to employ, on the best terms in his power, some proper mercantile or banking house in the city of Amsterdam, or elsewhere, in the United Provinces of the Low Countries, to assist in the procuring of loans, to receive and pay the money borrowed, to keep the accounts, and to pay the interest.

That he be also empowered to pledge the faith of the United States, by executing such securities or obligations for the payment of the money, as he may think proper; and also that the interest shall not be reduced, nor the principal paid, during the term for which the same shall have been borrowed, without the consent of the lenders or their representatives.

That he be directed to give notice to Congress of any loan made by him, or under his authority, and to direct the house by him employed to accept and pay the bills of exchange, which may be drawn under the authority of Congress.[70]

COMMITTEE OF FOREIGN AFFAIRS TO HENRY LAURENS.

Philadelphia, December 11th, 1779.

Sir,

By the enclosed resolves of Congress, you will find that we are become more dependent upon your vigorous exertions for the amelioration of our currency, than you perhaps expected when you left Philadelphia.[71] We think it of so much importance, that you should be early apprized of the measure determined upon respecting bills of exchange, that we do not choose to omit this good opportunity of conveying them, though unattended with a full explanation of the reasons which urge Congress to draw, more especially as you are so well enlightened by your late presence in that assembly.

We are, with every wish for your prosperity, &c.

JAMES LOVELL, ROBERT R. LIVINGSTON, WILLIAM HOUSTON.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, January 24th, 1780.

Gentlemen,

On the 11th instant I had the honor of receiving your commands of the 11th ultimo, accompanied by two Acts of Congress, one of the 23d of November, 1779, for drawing bills of exchange “on Mr John Jay for one hundred thousand pounds sterling, and on Mr Henry Laurens for a like sum,” and for appointing a Committee to report, &c. the other of the 29th of November, for carrying the first Act into effect by modes therein specified. Neither of these Acts intimates where the intended drafts are to be paid, nor where Congress expects me to be at the presentation of the bills, which are to be assigned for my acceptance, nor directs me to funds for discharging them; nor do the contents of your said favor of the 11th of December elucidate these ambiguities.

Probably, however, it might have been expected, that although I am to cross the Atlantic single, and the bills in quadruplicate, and although I am not yet honored with the Act of Congress appointing me to negotiate a loan in Europe, which should have been lodged in my hands as the corner stone for my proceeding, nor with means for procuring or paying for a passage thither, nor with other necessary and promised acts and letters from Congress, I am to meet one bill of each set in some part of the United Netherlands.

Taking for granted, therefore, that the bills are not to be presented to me in any part of America, I shall embark for Europe by the first opportunity, and, if it please God, that I arrive in safety, I shall proceed to Paris and Amsterdam with all possible despatch, when I shall expect to receive further and more explicit commands from Congress for enabling me to make those vigorous exertions, on which you are pleased to say the credit of our paper currency, or which is the same thing, the credit of these United States depends. Had I been apprized in proper time, that this quick step in accommodation bills had been in embryo, I should not have had resolution to face them. Should there now be any failure, it will not be the result of delinquency in any respect on my part.

I entreat you, Gentlemen, to inform Congress that I have engaged for a passage to France on board the French frigate Chimere, commanded by the Chevalier Durumain, who, at the special request of this State, is gone on a short cruise on the coast, in company with three of the Continental frigates, with a prospect of intercepting some of the enemy’s transport ships and troops from New York, intended for Georgia. Immediately after the Chimere arrives at the bar of Charleston, whither she is to return for necessary stores for her voyage, I shall embark. If any accident shall prevent her return, I will embrace the very next earliest opportunity of proceeding, either direct for Europe, or by way of the West Indies, without regard to my own private interest or indulgence. No vessel has sailed from this port for Europe, since my arrival here.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, February 14th, 1780.

Gentlemen,

My last address went forward, under the 31st ult. by Mr Renshaw, one of the corps of escorts. The 10th instant, General Lincoln was on the point of ordering the Ranger frigate to conduct me to France. Governor Rutledge had given his consent, and I believe there would have been no opposition in Council, but on the 11th we received authentic intelligence of the arrival of the enemy’s troops from New York, at and near Tybee, and the next day of their having landed a large detachment on John’s Island, within sixteen miles of this capital. We heard yesterday, that another detachment had landed, and repossessed Beaufort, and we know that two ships of the line, two frigates, and several armed vessels, are cruising near the bar of this harbor. Thus environed an attack upon Charleston, very illy prepared for defence, may be every hour expected.

In these circumstances, were I to study my own private interests and desires, I should remain here, and stand or fall with my country. Whatever her fate may be, exceedingly heavy losses to me will be the consequence of my absence at this critical conjuncture, but the Governor and other judicious friends urge me to use every endeavor for obtaining a passage through some other channel. Duty dictates the same measure. I shall therefore proceed to North Carolina, where are four vessels belonging to this port, and embark immediately on board of one of them. In the mean time, I shall omit no opportunity of acquainting you with my circumstances.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Charleston, February 24th, 1780.

Gentlemen,

I had the honor of intimating on the 14th instant, by a public messenger, my purpose of seeking a passage to Europe from North Carolina, but upon inquiry into the circumstances of the four vessels alluded to, I judged it best to embark at this port. General Lincoln has hired a swift sailing brigantine, the Adriana, Josiah Hill master, to conduct me to Martinique, and the government has relaxed the embargo on the vessel, and such cargo as she will be laden with, which will be no more than sufficient to ballast her. By agreement, this vessel should have sailed on the 20th instant, but bad weather and distracted times have been impediments. She will be ready for sea tomorrow. Nothing that I foresee will then detain her, unless the wind shall be unfavorable.

The General has contracted to insure the value of the vessel, with the condition of shipping such quantity of goods on Continental account, as I should judge proper, freight free; but I must pay for the use of the cabin, this being the perquisite of the master; and although it is small and very inconvenient, I suppose it will cost me forty or fifty guineas. I cannot yet bring Captain Hill to be explicit in his demand, but it shall be ascertained before I embark. Considering that the circuitous voyages, which I must make, will be attended with great expense; that Congress would have furnished me with means for defraying my expenses had it been in their power; that they had in contemplation when I left Philadelphia to raise a fund abroad, by the exportation of indigo; that I had an opportunity of shipping that and other articles free from freight, and at very moderate prices, compared with those of the staples of other States, I presumed that it would be pleasing to Congress that I should make such an export, on account of the United States, as will appear in the enclosed invoice and bill of lading. The indigo alone will probably yield upwards of £3200 sterling, at some market in Europe. The whole shall be faithfully accounted for, and I trust that Congress will enter into a resolution for indemnifying me, and order the amount of the invoice to be placed to my credit. If it please God to conduct me in safety, a part of the money arising from the sale of the goods may be very acceptable to Mr Jay, or other gentlemen in the service of these States abroad.

The vessel in which I am to embark is esteemed so good in this town, as to induce underwriters, notwithstanding she is to sail in the face of British men of war, to insure on her at 25 per cent; coming into this port she was pursued by those very men of war and their tender, but escaped them; she is now clean, and barely in ballast for sailing, and will go out in an evening. My long delay is a subject of grief to me, but Congress will be pleased to recollect, that I made my coming to Charleston, in order to present myself at the tribunal of my country, the sine qua non of my acceptance of a new mission. The first opportunity that offered for Europe was the Chimere, Commodore Durumain. I have already informed you of the causes of my disappointment. I had not thought it possible, that the Commodore would have induced a junction of two Continental frigates with his little squadron of three ships, under an excellent plan for a ten days’ cruise, unless he had been fully determined to perform his part in the execution. A contrary proceeding exposed those frigates to imminent danger, which they narrowly escaped. What has happened since the Commodore’s departure, respecting my intended embarkation, Congress have been informed of.

I have the honor to be, &c.

HENRY LAURENS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Vestal—British Frigate, } St. John’s, Newfoundland, September 14th, 1780.}

Gentlemen,

I had the honor of writing to the Board of Admiralty, from on board the Mercury packet, the 23d ult.[72] by Captain Young, at parting with the Saratoga. On the 3d instant, the Vestal came in view, and after a pursuit of some five or six hours, Captain George Keppel took possession of the packet. Mr. Young, Captain Pickles, and myself, were conducted on board this ship, and yesterday we arrived here.

Certain papers, among which were all those delivered to me by Mr Lovell, and the board of Admiralty, fell into Captain Keppel’s hands. These papers had been enclosed in a bag, accompanied by a considerable weight of iron shot, and thrown overboard, but the weight proved insufficient for the purpose intended. Admiral Edwards, Governor of this Island, and commander of the stationed squadron, has ordered me to England in the sloop of war Fairy, under the command of Captain Keppel. Mr Young and Captain Pickles will probably go in the same vessel.

I should be wanting in justice, and indeed deficient in common gratitude, were I to omit an acknowledgment of Captain Keppel’s kindness to myself, and to everybody captured in the Mercury. Captain Pickles’ conduct, while he had the command of that vessel, was perfectly satisfactory to me.

I have the honor to be, &c.

HENRY LAURENS.

TO THE PRESIDENT OF CONGRESS.

Tower of London, December 20th, 1781.

Sir,

Almost fifteen months have I been closely confined, and inhumanly treated, and even now have not a prospect of relief. The treaty for exchange is abortive. There has been languor, and there is neglect somewhere. If I merit your attention, you will no longer delay the only speedy and efficacious means for my deliverance. Enter this if you please, and what it may produce, on your Secret Journal, and pardon the omission of ceremony.

I am, full of love and respect for you,

HENRY LAURENS.

P. S. A friend will trace the direction in ink.

TO THE PRESIDENT OF CONGRESS.

Amsterdam, May 30th, 1782.

Sir,

From the 6th of October, 1780, to November, 1781, I remained a close prisoner in the Tower of London, without hearing of any steps taken for my release, or for my support or consolation in that distressed state, either by Congress or by any of their servants.[73] In the latter month I learned that Mr Edmund Burke had, some very little time before, applied to Dr Franklin to effect an exchange between Lieutenant General Burgoyne and myself, that the Doctor had replied that he had in his possession a resolution of Congress for that purpose, a copy of which he then transmitted to Mr Burke; and about the same time, a letter from Dr Franklin to Mr Hodgson, or to Mr Vaughan, I forget which, was put into my hands in the Tower. In this letter, the Doctor expressed some satisfaction in having heard from “high authority,” that I was well satisfied with the treatment I had received in my imprisonment, (the contrary was notorious to the whole world) and he directed the pittance of one hundred pounds to be paid to me, if I should stand in need. To the first part I desired it might be answered, that the Doctor had been most egregiously misinformed, and imposed upon by the “high authority,” and that the second was to me, after thirteen months imprisonment, like a drop of water from the very tip of Lazarus’ little finger. But I heard no more from Dr Franklin on these subjects, or any other, while I was in confinement, nor till four months after my enlargement, and I have received no money from him at any time.

On the 20th of December last, being still a close prisoner, I penciled a few lines to Congress, informing them of the ill usage I had suffered in the Tower; that the proposed treaty for exchange had proved abortive, slightly intimating there had been a neglect of me somewhere, and entreating that the only efficacious measure might be adopted for my release. I penciled seven copies of this letter, passed the whole into the hands of a friend in London, and desired he would forward them to Holland, and France, in moiety, for distribution on board eight vessels bound to America. From this precaution, I trust one has gained the place of address.

Within a day or two after the British Ministry had determined against accepting Lieutenant General Burgoyne in exchange for me, an inquiry was made of me, from them as I believed, whether Doctor Franklin had power to exchange Lord Cornwallis for me, to which I could give no positive answer, and there the subject dropped. On the 31st of December, being, as I had long been, in an extreme ill state of health, unable to rise from my bed, I was carried out of the Tower to the presence of the Lord Chief Justice of England, and admitted to bail, “to appear at the Court of King’s Bench, on the first day of Easter term, and not to depart thence without leave of the Court.” This measure it seems had been preconcerted, and determined upon without my solicitation or knowledge, but I refused to enter into that, or any other obligation, until I had previously made the following declaration to Mr Chamberlain, Solicitor of the Treasury, (who had been sent by the Secretaries of State to notify me in the Tower of their intention to enlarge me upon bail) in the audience of several officers of the Court, the Governor and Deputy Governor of the Tower, and other persons who attended upon the occasion, at Sergeant’s Inn. “In order to prevent, or to save trouble, as I do not know the nature of the obligation to be required of me, I think it necessary to premise, that I will do no act that shall involve me in an acknowledgment of subjection to this realm, and that I save and reserve to myself all the rights and claims of a citizen of the united, free, and independent States of North America.”[74] This solemn second abjuration of the King, in one of his own Courts, was going as far as decency would permit, and I was at that moment in so very low and languishing a state, that I could express myself no further. None but God knows what I suffered, and I expected nothing less than to be remanded immediately to the Tower. The Solicitor concluded by saying, that some violence had been done to the laws for my relief.

About ten or twelve days before the first day of Easter term, being still in a very bad state of health, I obtained permission to leave England, in order to hold a conference with Mr Adams, having a warrant from under the hand of Lord Shelburne to leave England, and for putting off the day first assigned for my appearance at the Court of the King’s Bench. Mr Adams met me at Haerlem, (within twelve miles of Amsterdam) and, in a conversation of a very few minutes, confirmed me in opinions, which I had firmly and uniformly delivered to the British Ministry, that the United States of America would not enter upon any treaty with Great Britain, but in terms of the treaty of alliance between France and America. On the 23d of April I returned to London, and repeated the next day to Lord Shelburne, what I had formerly assured his Lordship on that head, in which his Lordship had supposed, or perhaps only hoped, that I had been mistaken for want of better information. I left his Lordship apparently disappointed and chagrined.

On the 25th, I peremptorily declared my intention to surrender myself to the Court of King’s Bench, the Court being then sitting, to discharge my bail, and submit my person to the will and disposition of the Court. This having been signified to Lord Shelburne, his Lordship sent to me by the hands of Mr Oswald, one of my bail, an ample discharge on the 27th. Reflecting that there had been frequent attempts, while I was in the Tower, to discharge me under a pardon, even privately, and to be effected by some contrivance without my own concurrence and knowledge, I questioned Mr Oswald before I would accept the discharge, whether it proceeded in any degree from a grant of pardon, to which he answered in the negative upon his honor. Lord Shelburne having, before I had been to visit Mr Adams, proposed to grant me a full and unconditional discharge, I had replied to his Lordship, that I dared not accept of it myself as a gift, that Congress would make a just and adequate return for my enlargement, that having once offered a British Lieutenant General in exchange for me, I was under no doubt they would give for my ransom an officer of the same rank. And I have reason to believe that after my refusal to accept the gift, his Lordship understood and expected that such a return would be made, although from the nature of my commitment, it was pretended he could not formally enter into a stipulation. Therefore, immediately after receiving the discharge on the 27th, I wrote to Dr Franklin, and solicited his concurrence for discharging Lieutenant General Lord Cornwallis. Hitherto I have not received the Doctor’s answer. Should he concur in my opinion, and join in the necessary act for that purpose, I trust we shall receive the approbation of Congress.

On the 10th instant I received from Doctor Franklin a formal notification of my appointment in the commission for treating with Great Britain, and also a copy of the said commission. I left London on the 11th, and arrived at Ostend on the 15th, from whence I informed Doctor Franklin, that I declined the honor of that office,[75] but that I should proceed to the Hague, and inquire of Mr Adams whether I could be serviceable in the business originally charged upon me by Congress, in which, if there was an opening, I would engage with diligence and fidelity. Upon my arrival at the Hague, I related to Mr Adams the purpose of my journey, adding, that I was ready to enter upon my duty, provided I was included in his commission, observing that my own had been destroyed at the time of my capture. Mr Adams at first intimated a hearty desire to accept the offer of my service, and said, “We will look into the commission.” At our second meeting, without speaking of the commission, he informed me that he had already taken the necessary measures in the business, by employing proper mercantile houses to borrow money on account of our United States. From the tenor of these answers it remains to me uncertain, whether I am included in the subsequent commission or not, but from his forbearing further to invite it, I conclude he thinks my attention is not requisite, and that it could only be productive of unnecessary expense to the public, which I neither wish nor would encourage. I shall, therefore, after having paid an indispensable debt of friendship and humanity, by visiting my distressed relations in the South of France, from whom I have been separated upwards of seventeen years, and after having recovered by a change of climate and respite from fatigue a better state of health, return to America, and present, if required, a much more minute account of my conduct, to Congress. And I flatter myself with hopes of convincing them, that notwithstanding the rigorous close confinement which I suffered in the tower, I made many opportunities even there, of rendering essential service to the interests of my country, without permitting my ardor to be in the least degree checked by considerations of neglect.

Permit me humbly to say it was I, though in close confinement, who first urged the propriety and utility of passing an act of Parliament for exchanging American prisoners. After my enlargement I further urged that business to its completion, visited those prisoners at a considerable expense to myself, administered to some of them relief from my own impoverished pocket, and obtained much greater for them from other persons. I first proposed to Lord Shelburne, and obtained his Lordship’s promise to send those prisoners in cartel ships to America, and I had the good fortune to prevail on his Lordship to surmount the difficulty of doing this without the formality of pardons. I had declared that not the meanest of all the American prisoners at Portsmouth or Plymouth should accept pardon, and in my zeal for the honor of my country I presumed to add, “If they are discharged under that condition, not a British prisoner in America shall be enlarged without a pardon.” I delivered my sentiments freely on the bill, which had been so very long in agitation for empowering the King to make a truce or peace with America, and declared it would not only prove inadequate, but offensive. The bill was frequently brought to me by members of Parliament, to receive hints for amendment. The only amendment, which I could propose, was annihilation, and I left it under various scratches and scars, in a languishing condition. My advice was, “If you mean to do the business of peace, it is vain to continue nibbling; do it fully and gracefully by an act to authorise the King to recognise or to acknowledge the independence of America; the fears which you affect to labor under, that America will become dependent upon any other power, will thereby be effectually removed.” I was told, a new bill, which would be tantamount to my ideas, would be introduced into Parliament; but since I left England, intimations to me from private friends speak of their continuing to hack at the old. I think, however, the temper of the present House of Commons will not give it passage without very great reform. This will probably be known before my letter enters upon its voyage.[76]

I shall conclude this head with the words of a friend, received since my arrival on this side of the water. “They (meaning the British ministry) think your absence good company”. I believe this may be applicable to that part of the Ministry, who still hear with reluctance the doctrine of the total independence of America; a doctrine which I asserted in the Tower of London, and out of it, and always in the presence of their Lordships, as freely and as strenuously as ever I had done in Philadelphia, and to which I am assured I have made many converts amongst people of the first importance in England, and perhaps it would be no exaggeration instead of many, to say thousands. Even Lord Shelburne, in the last conversation I had the honor of holding with his Lordship, discovered his determination, if not to be reconciled, to submit to it. “I shall part with America, Mr Laurens, with great regret, because I think a total separation will not be for her good.” As far as I am able to judge, the people of England, and I have lately been very much among them, are sincerely disposed to peace with America, and to accede to her absolute independence; and I have some grounds for hoping, that the day is not far distant when those, who have it more immediately in their power to breathe peace or war, will perceive it to be for the interest of their country to enter heartily into the same disposition. The terms and conditions they know, and they now know the terms and conditions must be complied with.

Mr Moses Young, whom I had engaged at my first appointment by Congress to attend me as a Secretary and assistant, has made a claim for five hundred and sixtyseven pounds, fourteen shillings and two pence, sterling, as due to him for salary to the 15th of February, 1782, when he entered the public service under Dr Franklin. I shall recommend the payment of the said sum to the Doctor. Mr Young’s loss of time, loss of effects, and suffering in imprisonment, as well as his zeal and attachment in the cause of America, will be considered by Congress, and I hope, when he shall make a proper representation of his case, a further sum will be granted to him. While I remain in Europe, the honor and interests of the United States shall be always in my view, and though in a private character, I do not despair of being serviceable to my country.

I have the honor to be, &c.

HENRY LAURENS.

P. S. May 31st. The success of the British fleet in the West Indies may, and probably will, inflate the heart of his Britannic Majesty, and turn it from an immediate disposition to peace.

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.

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.

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.”

It is to be observed, that this proposition implies a more ample participation of British commerce, than the American States possessed even under their former connexion of dependence upon Great Britain, so as to amount to an entire abolition of the British act of navigation, in respect to the thirteen United States of America, and although proceeding on their part from the most conciliatory and liberal principles of amity and reciprocity, nevertheless it comes from them, as newly established States, and who, in consequence of their former condition of dependence, have never yet had any established system of national commercial laws, or of commercial connexions by treaties with other nations, free and unembarrassed of many weighty considerations, which require the most scrupulous attention and investigation on the part of Great Britain, whose ancient system of national and commercial policy is thus suddenly called upon to take a new principle for its foundation, and whose commercial engagements with other ancient States may be most materially affected thereby. For the purpose, therefore, of giving sufficient time for the consideration and discussion of so important a proposition, respecting the present established system of the commercial laws and policy of Great Britain, and their subsisting commercial engagements with foreign powers, it is proposed that a temporary intercourse of commerce shall be established between Great Britain and the American States, previously to the conclusion of any final and perpetual compact. In this intervening period, as the strict line and measure of reciprocity, from various circumstances, cannot be absolutely and completely adhered to, it may be agreed that the commerce between the two countries shall revive, as nearly as can be, upon the same footing and terms as formerly subsisted between them, provided always, that no concession on either side, in the proposed temporary convention, shall be argued hereafter in support of any future demand or claim. In the mean time, the proposition above stated may be transmitted to London, requesting (with his Majesty’s consent) that it may be laid before Parliament for their consideration.

It is proposed therefore, that the unmanufactured produce of the United States should be admitted into Great Britain without any other duties, (those imposed during the war excepted) than those to which they were formerly liable. And it is expected in return, that the produce and manufactures of Great Britain should be admitted into the United States in like manner. If there should appear any want of reciprocity in this proposal, upon the grounds of asking admission for British manufactures into America, while no such indulgence is given to American manufactures in Great Britain, the answer is obvious, that the admission of British manufactures into America is an object of great importance, and equally productive of advantage to both countries, while, on the other hand, the introduction of American manufactures into Great Britain can be of no service to either, and may be productive of innumerable frauds, by enabling persons, so disposed, to pass foreign European goods, either prohibited or liable to great duties by the British laws, for American manufactures.

With regard to the West Indies, there is no objection to the most free intercourse between them and the United States. The only restriction proposed to be laid upon that intercourse, is prohibiting American ships carrying to those Colonies any other merchandise, than the produce of their own country. The same observation may be made upon this restriction as upon the former. It is not meant to affect the interests of the United States, but it is highly necessary, lest foreign ships should make use of the American flag, to carry on a trade with the British West India Islands.

It is also proposed upon the same principle to restrain the ships, that may trade to Great Britain from America, from bringing foreign merchandise into Great Britain. The necessity of this restriction is likewise evident, unless Great Britain meant to give up the whole navigation act. There is no necessity for any similar restrictions on the part of the American States, those States not having as yet any acts of navigation.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, June 27th, 1783.

Sir,

I beg leave to refer you to the contents of a letter, which I had the honor of writing from London the 17th instant, by the hands of Mr John Vaughan, and a copy by Mr Thomas Stoughton. Two days ago, I had the pleasure of receiving your letter of the 8th of May, together with an act of Congress of the 1st of April, giving leave for my return to America, agreeably to my request, for which I make the most sincere acknowledgments.

I am happy to find the provisional treaty had received the plaudit and ratification of Congress, and should have been ready to have given the best answers in my power to the inquiries which you allude to, had you been pleased to extend them. I know not whether any steps have been taken toward a definitive or other treaty since the 7th instant, when I left Paris, having received no letters from my colleagues, but they no doubt will keep you regularly informed.

You will have seen, Sir, in several of my former letters, which must have reached you before this day, that no exertions of mine were wanting, for delivering you from those troublesome guests of whom you complain. I foresaw the great uneasiness, which their long continuance at New York would create. I regret exceedingly, that so free a communication as “on the former footing” preceded the accomplishment of that great and necessary work. I had entertained ideas, that my country would have treated it with more solemnity.

I have no account to settle with Dr Franklin, having received no money but from Mr Grand, viz. twenty thousand livres, and sixteen thousand six hundred and sixtysix livres, thirteen sols, which I believe are all the remittances you have made to me, and which I have already formally acknowledged. The latter sum, indeed, I have not actually received, but it stands to my credit with Mr Grand, and I soon shall have occasion to draw for it. I am at present in a poor state of health, but I hope Bath and sea bathing will be of service to me. The summer season being so far advanced, I shall prepare for embarkation early in October. No opportunity of serving my country in the mean time shall be slighted or neglected.

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

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, July 17th, 1783.

Sir,

My present address will be accompanied by a copy of my last of the 27th of June, to which I beg leave to refer. The enclosed proclamation of the 2d of July, in the London Gazette of the 12th, seems to complete a commercial treaty with America on the part of Great Britain, “until further order.” I am informed Mr David Hartley is soon expected from Paris, without having made any treaty with the American Ministers. I speak from report, but have received no advices from my colleagues.

This will be delivered to you by Thomas Carpenter, who is going with three other persons, under the auspices of Rev. Mr Wells of Broomsgrove, to offer themselves as settlers and citizens in the United States. Mr Wells and his concerns are strongly recommended to me by Dr Price, and by the Rev. Mr Wrenn, of Portsmouth. Upon this ground, permit me to crave your countenance and protection in favor of Mr Carpenter and his associates. I was informed yesterday, and though by pretty good authority I speak only as from report, that Mr Silas Deane, who has been in London about four months, has been an active hand in chalking out a treaty of commerce for us. I shall know more of this when I get to London, some ten days hence. I have not yet fully recovered my health, but am nevertheless taking measures for embarking early in October.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, July 17th, 1783.

Sir,

A few hours after I had despatched an address to you of the present date, by the hands of Mr Carpenter, who, I hope, will also be the bearer of this, I received a letter from Doctor Franklin, in which he writes, “I want you here on many accounts, and should be glad of your assistance in considering and answering our public letters; there are matters in them, of which I cannot conveniently give you an account at present.” Although I had flattered myself with the hope of being free, and however so long a journey at the present season may further impair my health, and the delay derange my measures for embarkation, I must not refuse to obey such a call. I shall begin my journey tomorrow morning, and, barring accidents, be at Paris in seven days, or sooner.

I have the honor to be, with the highest respect, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Washington, off Poole, August 2d, 1783.

Sir,

In pursuance of the determination signified in the preceding copy of my last, of the 17th ult, I proceeded to Paris, and arrived there on the 23d. The despatches being finished for captain Barney, by advice of Dr Franklin and Mr Jay, I embarked in the Washington, and am presently going on shore at Poole, from whence I shall immediately proceed to London, and apply to the Ministers at that Court for learning their resolutions, respecting the long pending treaties, and particularly for information, whether a Minister from the United States will be properly received there. Had the wind been unfavorable, I should have detained Captain Barney for conveyance of such answers as I may receive, but I have recommended to him to profit by the present easterly gale, without losing a moment. I am from sea sickness unable to add more, except that I shall advise by the earliest opportunities, and that,

I have the honor to be, &c.

HENRY LAURENS.

TO L. R. MORRIS.

London, August 9th, 1783.

Sir,

On the 4th instant, I had the honor of receiving your very obliging letter of April the 18th, accompanied by “a state of Mr Laurens’s account with the United States,” &c. and a bill on Mr Grand for its apparent balance 7083 livres, 7s. which is said to be for three months’ salary from the 1st of January, to the 31st of March 1783. For former quarter’s salary, about 16,666 livres, 13s. had been remitted to me, wherefore I presume there is an error in the present article. I have not learned of any alteration made by Congress in the Ministers’ salaries, except in the mode of calculating the exchange of dollars. If there is an error you will cause it to be rectified. Be pleased, Sir, to accept this as an acknowledgment of the receipt of the said bill for seven thousand and eighty-three livres and seven sols, and also of my best thanks for your goodness in forwarding the remittance. Besides the above mentioned error, the account is partial, confined probably to the administration of Mr Robert R. Livingston, or of Mr R. Morris, and an adjustment of the whole therefore must be deferred to a future day. I would also remark another omission, the commission for agency, due either to Mr Livingston or yourself, which may be deducted from a future bill, and will be admitted on my part with alacrity and thankfulness for your trouble.

I have the honor to be, with great respect and esteem,

HENRY LAURENS.

TO THE MINISTERS OF THE UNITED STATES AT PARIS.

London, August 9th, 1783.

Gentlemen,

Availing myself of your consent and recommendation, I embarked at Lettavre, on board the Washington, and sailed from thence the 1st instant. On the 2d, 9 o’clock A.M. we were within six leagues of Poole, in Dorsetshire. The wind being very favorable, I quitted the ship, went on board a small hoy bound to Poole, and urged Captain Barney to proceed on his voyage, leaving my excellent post carriage to take its fate on the ship’s deck, in preference to the risk of delaying him a single hour. Had the wind been westerly, I might have detained him a few days, for despatching to Congress the result of my application to the Ministers of this Court. I judge from the state of the wind since I parted with Captain Barney, that he was clear of the channel Sunday night the 3d, and that he is now 150 or 200 leagues advanced on his voyage.

I arrived in London late in the night of the 3d, and on the 5th had a conference with Mr Fox, which I committed to writing as soon as it had ended. I shall give it in a short dialogue, as the best way, not pretending to accuracy in every word, but fully preserving the sense and substance.

Mr Fox. I suppose, Mr L. you wish to forward the ratification of the provisional articles.

L. I could wish that was done, Sir, but it is not the particular business I have in charge.

F. I understood from Mr Hartley’s letter, which you sent me, that it was, but he does not speak positively.

L. No, Sir, the only business I have in charge, is to inquire, whether a Minister from the United States of America would be properly received at this Court.

F. Most undoubtedly, Sir; I could wish that there was one here at present; I think we have lost much time from a want of a Minister from your side.

L. Then, Sir, will you be so good as to ask his Majesty, and inform me?

F. I will take the King’s pleasure tomorrow, and you shall hear from me; I suppose there is already a conditional appointment of some person now in Europe.

L. Not that I know of, though I do not know the contrary, but I have an excellent opportunity of writing to Congress, and I have no doubt an appointment will be made immediately.

F. That is unlucky; there must be two crossings of the ocean then; if a Minister of Congress had been here, we might have done our business in half the time we have already spent, but I shall certainly inform you tomorrow; this is the very time a Minister from your people is most necessary.

L. Though I have nothing particularly in charge except the business already mentioned, I regret the delay of both the commercial and definitive treaty. We had flattered ourselves with hopes in March and April, that both would have been finished in a few days.

F. Why, as to a definitive treaty, I cannot see any necessity for one, or not immediately. The provisional articles are to be inserted, and to constitute a treaty; a ratification of those, I apprehend, will answer all the purposes of a definitive treaty; they may be made definitive. The case with respect to France and Spain differs widely; several articles in our preliminaries with them refer to a definitive treaty.

L. I agree with you, Sir, that the provisional articles, mutually ratified, may, by the consent of the parties, be made definitive; but there may be additional articles suggested and agreed to for mutual benefit.

F. That is true; but I do not see any at present; I very much regret the want of a Minister from America.

L. Permit me, Sir, to ask you, is it intended by the proclamation of the 2d of July, to exclude American ships from the West India trade, between the United States and the British islands?

F. Yes, certainly, it was so intended, in order that we might have something to treat for, and this will be a subject for a commercial treaty.

On the 6th, I waited upon his Grace, the Duke of Portland. His Grace was equally clear and positive as Mr Fox had declared himself, that a Minister from the United States of America would be well received at this Court, and also regretted that an appointment had not earlier taken place. I touched upon the commercial and definitive treaty, referred to assurances in March and April, intimated my apprehensions of pernicious effects, which might arise from excluding American ships from a freedom between the United States and the British West India Islands, adding what I had learnt from Doctor Franklin of the commerce intended by the Court of France, between our America and the French Islands. I can only say, the Duke seemed to wish that everything had been settled to mutual satisfaction, and hoped that everything would soon be settled.

Yesterday, by the desire of Mr Fox, I called upon him again; he said he had not seen the King, but that he had transmitted an account to his Majesty of my application; that we might be perfectly satisfied, however, that a Minister from Congress would be well received; that the appointment of one was much wished for here; that he must take blame to himself in some degree for the long delay of a commercial regulation, but that business would now soon be finished; he had no objection himself to opening the West India trade to the Americans, but there were many parties to please, and you know, added Mr Fox, the people of this country very well. Yes, Sir, I know something of them, and I find not only the West India planters, but some of the most judicious merchants, anxious for opening the trade. I have been told by some of them, that they should be ruined without it. I believe all this, said Mr Fox, but there are other people of a different opinion. As to the definitive treaty, there may be, as you observed, new articles necessary for mutual advantage, and we may either add such to the provisional articles and make the whole definitive, or make a new treaty; but I understand it is expected this should be done under the eye of, or in concert with the Court of France, which for my own part I do not like, and cannot consent to. I replied, in my opinion a new treaty definitive would be best, as well for incorporating additional articles, as for clearing away some of the rubbish in the provisional, which contained, if not nonsense, more than a little ambiguity; that though I did not see the necessity for it now, yet I had been told it was expected our definitive treaty should be finished in communication with the French Court, but as I had formerly observed, I had received no charge on this head, and spoke only the sentiments of Mr Laurens to Mr Fox, and not to a Minister of Great Britain.