Volume 3 — CONTENTS (continued 5)

I mentioned in a former letter, my purpose of remaining here for some time after I should be superseded. I mean it with the permission of Congress, and on the supposition of no orders being sent me to the contrary; and I hope it will be so understood.

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

B. FRANKLIN.

TO THOMAS LEWIS.

Passy, May 16th, 1781.

Sir,

I received the letter you did me the honor of writing to me the 1st of January. The bill for four thousand four hundred and fortyfour Mexican dollars, which you remitted to Mr Schweighauser, being refused payment by Mr Jay, for want of a regular endorsement by Mr Laurens, in whose favor it was drawn, and which endorsement could not now be obtained, Mr Schweighauser applied to me, informing me that he should not send the things ordered by your Board, unless the bill was paid; and it appearing on the face of the bill, that it was drawn for public service, I concluded to take it up, on which he has purchased the things and shipped them. Colonel Laurens has put on board some other supplies for the army, and I suppose she will now sail directly.

The drafts from Congress upon me for various services, and those on Mr Jay and Mr Laurens, all coming upon me for payment, together with the expenses on the ships, &c. &c. have made it impracticable for me to advance more for loading the Active; but as we have obtained lately promises of a considerable aid for this year, I shall now try what I can do, as the money comes in, towards supplying what is demanded in the invoice you mention. You will receive, I hope, twentyeight cannon, and a large quantity of powder and saltpetre, by the ship Marquis de Lafayette.

I have by several opportunities written in answer to your questions relative to the ship Alliance.

I have the honor to be, &c.

B. FRANKLIN.

P. S. Please to present my respects to the Board.

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, May 17th, 1781.

Sir,

Doctor Putnam, whose letter is enclosed, by the uniformity of his attachment to our public cause, merits your patronage. And I enclose for your information some former proceedings of Congress, in which this same gentleman is interested; requesting, Sir, that you would obtain a knowledge of the proceedings consequent upon efforts which M. Gerard has undoubtedly made to obtain compensation for the sloop, which Count d'Arband restored to the Governor of Antigua, after it had been taken by Doctor Putnam and others.

Your most humble servant,

JAMES LOVELL.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, June 8th, 1781.

Sir,

I have received the letter you did me the honor to write me on the 4th instant. I do not know whether Mr Laurens has purchased the clothing in Holland on account of Congress; I only know (and you were likewise informed of it at the same time) that this officer was to employ for his purchases in France part of the six millions, which the King has granted to Congress, and that the residue of this sum was intended to be sent to America, with a view of re-establishing the credit of the United States.

If Mr Laurens, instead of paying ready money in Holland, has contented himself with giving bills on you, I have no concern in it, and the King can furnish no means for your reimbursement.

As to the monies arising from the loan opened in Holland, we have no pretensions to regulate the employment of them, as they belong to the United States. You must, therefore, Sir, apply to Congress for the power of disposing of them, in discharge of the drafts drawn on you from all quarters.

I have the honor of being, &c.

DE VERGENNES.

TO THE PRESIDENT OF CONGRESS.

Passy, June 11th, 1781.

Sir,

I have lately done myself the honor of writing largely to your Excellency by divers conveyances, to which I beg leave to refer. This is chiefly to cover the copy of a letter I have just received from the Minister, relative to the disposition of the late loans, by which will be seen the situation I am in with respect to my acceptances of the quantities of bills drawn by Congress on Mr Jay, Mr Laurens, Mr Adams, and myself, which I entered into, in the expectation, which both Colonel Laurens and myself entertained, that a part of these loans might be applied to the payment of these bills, but which I am now told cannot be done without an express order from Congress.

I shall endeavor to change the sentiments of the Court in this respect, but I am not sure of succeeding. I must therefore request that a resolution of Congress may immediately be sent, empowering me to apply as much of those loans as shall be necessary for the discharge of all such drafts of Congress, or for the repayment of such sums, as I may in the meantime be obliged to borrow for the discharge of those drafts.

I have the honor to be, &c.

B. FRANKLIN.

TO JOHN ADAMS.

Passy, June 11th, 1781.

Sir,

Mr Grand has communicated to me a letter from your Excellency to him, relating to certain charges in your account, on which you seem to desire to have my opinion. As we are all new in these matters, I consulted, when I was making up my account, one of the oldest foreign Ministers here, as to the custom in such cases. He informed me, that it was not perfectly uniform with the Ministers of all Courts, but that in general, where a salary was given for service and expenses, the expenses understood were merely those necessary to the man, such as housekeeping, clothing, and coach; but that the rent of the hotel in which he dwelt, the payment of couriers, the postage of letters, the salary of clerks, the stationary for his bureau, with the feasts and illuminations made on public occasions, were esteemed the expenses of the Prince, or State that appointed him, being for the service or honor of his Prince or nation; and either entirely, or in great part, expenses that, as a private man, he would have been under no necessity of incurring. These, therefore, were to be charged in his accounts. He remarked, it was true that the Minister's housekeeping as well as his house was usually, and in some sort necessarily more expensive, than those of a private person, but this he said was considered in his salary to avoid trouble in accounts; but that where the Prince or State had not purchased or built a house for their Minister, which was sometimes the case, they always paid his house rent.

I have stated my own accounts according to this information; and I mention them, that if they seem to you reasonable, we may be uniform in our charges, by your charging in the same manner; or if objections to any of them occur to you, that you would communicate them to me for the same reason.

Thus you see my opinion, that the articles you mention of courtage, commission, and port de lettres, are expenses that ought to be borne, not by you, but by the United States. Yet it seems to me more proper, that you should pay them, and charge them with the other articles abovementioned, than that they should be paid by me, who, not knowing the circumstances, cannot judge (as you can) of the truth or justice of such an account when presented, and who, besides, have no orders to pay more on your account, than your net salary.

With regard to that salary, though your receipts to Fitzeaux and Grand, shown to me, might be quite sufficient to prove they had paid you the sums therein mentioned, yet, as there are vouchers for them, and which they have a right to retain, I imagine it will be clearest, if you draw upon me, agreeably to the order of Congress, and if this is quarterly, it will be the most convenient to me.

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

B. FRANKLIN.

THE PRESIDENT OF CONGRESS TO B. FRANKLIN.

In Congress, June 19th, 1781.

Sir,

Congress have received your letter of the 12th of March last, with the papers enclosed. The prospect of conferences being soon opened in Europe, under the mediation of the imperial Courts of Petersburgh and Vienna, for accommodating the disputes between the belligerent powers, which must necessarily involve the essential interests of these United States, has determined us to increase the number of our ministers for negotiating a peace with Great Britain. We have, therefore, added yourself, Messrs Jay, H. Laurens, and Thomas Jefferson to Mr Adams, to repair to such place as shall be fixed on for transacting this important business.

A compliance with your request to retire from public employment would be inconvenient at this particular juncture, as it is the desire of Congress to avail themselves of your abilities and experience at the approaching negotiation. Should you find repose necessary after rendering the United States this further service, Congress, in consideration of your age and bodily infirmities, will be disposed to gratify your inclination.

You will present the letter to His Most Christian Majesty, and communicate to him the instructions to our Ministers for negotiating a peace, attended with such a memorial as your prudence shall suggest, and the importance of the subject requires.

With great esteem, I am, &c.

SAMUEL HUNTINGTON, President of Congress.

TO MAJOR WILLIAM JACKSON.

Passy, June 28th, 1781.

Sir,

Since my acceptance of your bills, I have applied to the Ministry for more money to discharge the other engagements I entered into for payment of the Congress bills drawn on Holland and Spain. I find so much difficulty, and even impossibility of obtaining it at this time, that I am under the absolute necessity of stopping the cash that is in Holland, or of ruining all the credit of the States in Europe, and even in America, by stopping payment.

This is therefore to order, that, in case the said cash has been delivered to you by Messrs Fizeaux and Grand, you would immediately return it into their hands to remain there at my disposal. I am sorry that this operation is necessary, but it must be done, or the consequences will be terrible.

I have the honor to be, &c.

B. FRANKLIN.

MAJOR WILLIAM JACKSON TO B. FRANKLIN.

Amsterdam, June 29th, 1781.

Sir,

I have the honor to inform your Excellency that I got to Amsterdam on Tuesday morning. It has been thought advisable to wait a few days, that we may sail with a Dutch squadron of fourteen sail, destined as a convoy to the Baltic. The loss of the ship Marquis de Lafayette, which is confirmed by Lloyd's list, renders every precaution necessary, and essential to prevent a further disappointment in supplies.

I hope your Excellency will approve of the reasons for delaying our departure, which must be amply compensated by the benefit of a convoy through the North Sea. I beg leave to request that Colonel Laurens's servant may be informed, should he apply to your Excellency, that, if he leaves Paris immediately and travels with despatch, he will reach this place in time to embark with us for America. Any commands, which your Excellency may please to honor me with, and which may be transmitted by him, will be faithfully attended to.

I beg you will present my best respects to your grandson.

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

W. JACKSON.

TO DAVID HARTLEY.

Passy, June 30th, 1781.

I received my dear friend's kind letter of the 15th instant, and immediately communicated your request of a passport to the Count de Vergennes. His answer, which I have but just received, expresses an opinion, that the circumstance of his granting a passport to you, as you mention the purpose of your coming to be the discoursing with me on the subject of peace, might, considering your character, occasion many inconvenient reports and speculations, but that he would make no difficulty of giving it, if you assured me that you were authorised for such purpose by your ministry, which he does not think at all likely; otherwise he judges it best that I should not encourage your coming. Thus it seems I cannot have at present the pleasure you were so kind as to propose for me. I can only join with you in earnest wishes for peace, a blessing which I shall hardly live to see.

With the greatest esteem and respect, I am ever, dear Sir,

B. FRANKLIN.

MAJOR WILLIAM JACKSON TO B. FRANKLIN.

Amsterdam, July 2d, 1781.

Sir,

I was yesterday honored with your Excellency's letter of the 28th ult. while at the Texel, superintending some matters relating to the ship. Equally concerned for the cause, as surprised at the manner in which Mr Fizeaux was resolved to execute it, in case the money had been already shipped, I must beg leave to inform you fully of this business, and to request your Excellency's final determination thereon.

Colonel Laurens, as your Excellency knows, was sent by Congress to the Court of Versailles, with a special commission; the purport of his mission you are well acquainted with; it was to obtain certain supplies in specie and military stores.

By the most unremitting assiduity, he so far succeeded as to procure, amongst others, a sum of money to be shipped in Holland by the South Carolina frigate, which was deemed, by the Court of France, a safe and convenient conveyance, as it would divide the risk which must have been incurred by placing the whole on board of one vessel. That sum was sent to this place by M. Necker, and lodged in the house of Fizeaux and Grand, to be by them delivered to me, agreeably to the following order, the original of which is now in my possession, having very fortunately for me recovered it from them after they received your instructions.

Translation.

"Paris, May 12th, 1781.

"Gentlemen,

"This letter will be delivered to you by Mr William Jackson, captain of infantry in the service of the United States, to whom I request you to deliver the 130,655 dollars, and the 720,000 livres in crowns, which you have received on my account by the way of Brussels. Mr Jackson will give you a receipt for it, in which he will express that these two sums have been delivered to him pursuant to the intention of Mr John Laurens, an American officer now at Paris, whose orders he will follow on this subject. You will be pleased to send me afterwards this receipt, with a statement of all the expenses due to you. I will have them reimbursed here to M. Grand.

"I am, Gentlemen, &c.

NECKER.

M. M. Grand, Fizeaux, & Co. Amsterdam."

Messrs Fizeaux and Grand have, in pursuance of your Excellency's directions, refused to deliver it. This, Sir, being a distinct transaction, executed altogether at the instance of the honorable John Laurens, special Minister at the Court of Versailles from the United States, and by him committed to my further care, I conceive myself indispensably bound to remonstrate to your Excellency, on the late order given by you to Messrs Fizeaux and Grand, directing the detention of that money, and to inform you that if they are not repealed, I must embark without it; and however I may lament the disappointment and distress in which this measure must involve Congress, whose arrangements are undoubtedly taken on the certainty of this supply being sent from Europe; however much I may regret Colonel Laurens's absence which induces it, I shall possess the pleasing reflection of having done my duty, in demanding, conformably to the intentions of M. Necker, and by his order, that money which the Court of France had accorded to the United States by the application of Colonel Laurens, in virtue of his special commission, and which was particularly and expressly destined to reanimate the credit of the continental currency.

The ship waits for nothing else but this money. I shall attend your Excellency's ultimate decision thereon, which I expect to receive by return of the express, who only waits your commands.

I have the honor to be, &c.

W. JACKSON.

P. S. M Fizeaux informed me that he had resolved to arrest the ship, had the money been on board, I need not inform your Excellency that a like opportunity may not again offer to transport this essential supply, rendered still more so by the capture of the ship Marquis de Lafayette.

W. J.

My fever, which was greatly increased by my late jaunt to Passy, will not admit of my waiting upon your Excellency in person, and I am persuaded your justice will render it unnecessary, after this representation.

W. J.

MAJOR WILLIAM JACKSON TO B. FRANKLIN.

Amsterdam, July 2d, 1781.

Sir,

Since the departure of my express, I find myself obliged, in conformity to Colonel Laurens's instructions (from which, as his agent I cannot recede, unless compelled thereto by forcible means, and which unless such are practised against me, I must carry into execution) to retain the money, which he has confided to my care, and which the Minister of Finance's order makes deliverable to me specially; and to arrest it in the hands of M. Fizeaux, should he continue to refuse the delivery of it but by your Excellency's orders.

I rely upon your Excellency's attachment to the welfare of America, to prevent this painful operation, which must inevitably take place should your determination decide otherwise, for as this money is subject to no other control in Europe, but the immediate order of the Court of France, I cannot relinquish my charge of it, but by their special order.

I have the honor to be, &c.

W. JACKSON.

MAJOR WILLIAM JACKSON TO B. FRANKLIN.

Amsterdam, July 2d, 1781.

Sir,

Your Excellency will not wonder at the determination which I have adopted, to arrest the money now in M. Fizeaux's hands, (and which I have communicated to you by a second express this afternoon) when you reflect, that this money is absolutely committed to my charge for a special purpose, and that I stand accountable for the execution of this commission. Your Excellency must likewise be sensible, that you cannot have the disposal of it, as it was obtained without either your knowledge or concurrence by Colonel Laurens, appointed special Minister for that purpose. These considerations, and the knowledge I have how much America must suffer from a disappointment in this supply, about to be transported by so excellent a conveyance, must plead my excuse individually for this plain and candid avowal of circumstances, and my determination thereon. I am further persuaded, that the Court of France is not disposed, was there even a shadow of an excuse for an alteration of the allotment of this money, to infringe their honor and injure the essential interests of America by detaining it. I must therefore again entreat your Excellency's repeal of those orders to M. Fizeaux, which now detain the ship and supplies so much required in America.

I have the honor to be, &c.

W. JACKSON.

TO MAJOR WILLIAM JACKSON.

Passy, July 5th, 1781, at 6 in the morning.

Sir,

I have this, instant received your letter of the 2d, urging the delivery of the money. I must be short in my reply, as your express waits.

Colonel Laurens indeed obtained a promise of ten millions, to be raised by a loan in Holland. I understood while he was here, that that loan was in train, and that the million and a half to be sent with you was a part of it. I since learn, that nothing has yet been obtained in Holland, that the success is not yet certain, and that the money in question is a part of the six millions I had obtained before his arrival, upon the strength of which I accepted the bills drawn on his father, and on Mr Jay, and without which acceptances the Congress' credit in America would have been ruined, and a loss incurred of twenty per cent upon the protests. I cannot obtain more money here at present, and those bills being accepted must be paid, as well as those I accepted on your earnest request, for the great unexpected purchase you made in Holland.

Colonel Laurens has carried two millions and a half of that six millions with him, which will serve till the loan in Holland produces a further supply. In the meantime I cannot suffer the credit of our country to be destroyed, if by detaining this money it may be saved. And if I were to consent to its going, our banker would be obliged to arrest great part of it as belonging to the States, he being in advance for them, which would occasion much disagreeable noise, and very ill consequences to our credit in Europe.

I find by Mr Viemerange's account just received, that Mr Laurens's orders have more than absorbed all the money he did not take with him. I applaud the zeal you have both shown in the affair, but I see, that nobody cares how much I am distressed, provided they can carry their own points. I must, therefore, take what care I can of mine, theirs and mine being equally intended for the service of the public. I am sorry to learn, that the vessel is detained for this express. I understood by your last, that she waited for convoy. I heartily wish you a good voyage, and am, with great esteem, &c.

B. FRANKLIN.

TO MAJOR WILLIAM JACKSON.

Passy, July 5th, 1781.

Sir,

I received your letter of the 2d instant, by your first express, this morning at six, answered it, and sent him away immediately. I have just now received your second express of the same date, in which you threaten me with a proceeding, that I apprehend exceedingly imprudent, as it can answer no good end to you, must occasion much scandal, and be thereby very prejudicial to the affairs of the Congress.

But I cannot, therefore, consent to suffer their bills, to the amount of more than a million accepted and expected, to go back protested for want of this money. I have nothing to change in the answer abovementioned. You will however follow your own judgment, as I must follow mine, and you will take upon yourself the consequences.

I have the honor to be, &c.

B. FRANKLIN.

TO MAJOR WILLIAM JACKSON.

Passy, July 6th, 1781.

Sir,

I received and answered two of your expresses yesterday morning, and in the evening I received a third letter from you, all dated the 2d instant.

In this last you tell me, "that I must be sensible I cannot have the disposal of the money, as it was obtained without either my knowledge or concurrence, by Colonel Laurens, appointed special Minister for that purpose." I do not desire to diminish the merit of Colonel Laurens. I believe he would have been glad, if it had been in his power to have procured ten times the sum; and that no application or industry on his part for that purpose would have been wanting. But I cannot let this injurious assertion of yours pass, without expressing my surprise, that you, who were always with that gentleman, should be so totally ignorant of that transaction. The six millions, of which he took with him two and a half, of which one and a half were sent to Holland, and of which more than the remainder is ordered in stores from hence, was a free gift from the King's goodness (not a loan to be repaid with interest,) and was obtained by my application, long before Colonel Laurens's arrival.

I had also given in a list of the stores to be provided, though on his coming I cheerfully gave up the further prosecution of that business into his hands, as he was better acquainted with the particular wants of the army, than I could be, and it was one of the purposes of his appointment.

Thus no part of the affair was done without my "knowledge and concurrence," except the sending a million and a half of the specie to Holland. This was indeed a secret to me. I had heard of that sum's being ready there to embark, but I always till lately understood it to be a part of the Dutch loan, which I am about to mention, or I should certainly have opposed that operation. What Colonel Laurens really obtained, and a great service I hope it will prove, was a loan upon interest of ten millions, to be borrowed on the credit of this Court in Holland. I have not heard, that this loan has yet produced anything, and, therefore, I do not know that a single livre exists, or has existed in Europe, of his procuring for the States. On the contrary, he and you have drawn from me considerable sums, as necessary for your expenses, and he left me near forty thousand livres to pay for the Alliance, and, moreover, engaged me in a debt in Holland, which I understood might amount to about fifteen thousand pounds sterling, and which you contrived to make fifty thousand pounds.

When I mentioned to him the difficulty I should find to pay the drafts, he said, you have the remainder of the six millions. He gave me no account of the dispositions he had made, and it is but lately I have learnt that there is no remainder. To gratify you, and to get that ship out, which could not have stirred without me, I have engaged for the vast sum abovementioned, which I am sure I shall be much distressed to pay, and therefore have not deserved at your hands the affront you are advised to menace me with.

And since I find you make it a point of reflection upon me, that I want to apply money to the payment of my engagements for the Congress, which was obtained by Colonel Laurens for other purposes, I must request, that you will upon this better information take occasion to correct that error, if you have communicated it to any other person.

By the letters you showed me, that had passed between Mr Adams and you, I perceived he had imbibed an opinion, that Colonel Laurens had, as he expressed it, done more for the United States in the short time of his being in Europe, than all the rest of their Diplomatic Corps put together. I should never have disputed this, because I had rather lend a little credit to a friend, than take any from him, especially when I am persuaded he will make a good use of it; but when his friends will make such suppositious credit a matter of reproach to me, it is not right to continue silent.

As to the safety of the excellent conveyance you mention, I must own, I have some doubts about it, and I fear I shall hear of the arrival of that ship in England, before she sees America. Be that as it may, I am clear that no use can possibly be made of the money in America for supporting the credit of the States, equal in any degree to the effect it must have for the same purpose, when applied to the payment of their bills here, which must otherwise go back protested. And I am sure it will be exceedingly prejudicial to their credit, if by the rash proceeding you threaten, this situation of their affairs becomes the subject of public talk and discussion in Europe.

I am, &c.

B. FRANKLIN.

P. S. I request you would read again and consider well my first letter to you on this subject. The reasons therein contained subsist still in their full force.

TO THE PRESIDENT OF CONGRESS.

Passy, July 11th, 1781.

Sir,

The number of Congress bills that have been drawn on the Ministers in Spain and Holland, which I am by my acceptances obliged to pay, as well as those drawn upon myself, the extreme importance of supporting the credit of Congress, which would be disgraced in a political, as well as a pecuniary light, through all the Courts of Europe, if those bills should go back protested, and the unexpected delays arising with regard to the intended loan in Holland, all those considerations have compelled me to stop the one million five hundred thousand livres, which were to have been sent by way of Amsterdam. As soon as more money can be furnished to me by this Court, I shall take care to replace that sum, and forward with it as great an addition as possible. I am now soliciting supplies of clothing, arms, ammunition, &c. to replace what has been unfortunately lost in the Marquis de Lafayette; and hope to succeed.

Captain Jackson, who is truly zealous for the service, has been exceedingly solicitous and earnest with me to induce me to permit the money to go in this ship, but for the reasons abovementioned, I find it absolutely necessary to retain it for the present, which I doubt not will be approved by Congress.

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

B. FRANKLIN.

JAMES LOVELL TO B. FRANKLIN.

Philadelphia, July 21st, 1781.

Sir,

It does not appear that the resolutions of June 26th, affecting yourself and colleagues, as well as Mr Dana, have been transmitted. Mr President Mc'Kean will take other opportunities of writing. I think it essential, however, in the meantime, to forward duplicates, which may serve for information, and perhaps authority, to all concerned.

Your humble servant,

JAMES LOVELL, For the Committee of Foreign Affairs.

P. S. Please to give copies where proper.

TO C. W. F. DUMAS.

Passy, August 6th, 1781.

Dear Sir,

I have received several letters from you lately, enclosing others for the President of Congress, and for Spain, all of which are sealed and forwarded, except the last for the President, contained in yours of the 26th past, which shall go by the first opportunity. The reading of those letters gave me much information, and therefore pleasure; though since the fixing of Mr Adams there I do not attend so much to the affairs of your country as before, expecting indeed but little from it to our advantage; for though it was formerly in the same situation with us, and was glad of assistance from other nations, it does not seem to feel for us, or to have the least inclination to help us; it appears to want magnanimity.

Some writer, I forget who, says, that Holland is no longer a nation, but a great shop; and I begin to think it has no other principles or sentiments but those of a shopkeeper. You can judge of it better than I, and I shall be happy to find myself mistaken. You will oblige me, however, by continuing the history either directly to me, or in your letters to Congress; but when you enclose a sealed letter in another to me, please to observe to place the second seal on one side, and not directly over the first; because the heat of the second is apt to deface the impression of the first, and to attach the paper to it, so as to endanger tearing the enclosed in opening the cover.

With best wishes for your health and prosperity, I am ever, dear Sir, &c.

B. FRANKLIN.

P. S. I pity the writer of the enclosed, though I have no other acquaintance with him, than having seen him once at Hanover, where he then seemed to live genteely and in good credit. I cannot conceive what should reduce him to such a situation, as to engage himself for a soldier. If you can procure him any friends among the philosophers of your country, capable of relieving him, I wish you could do it. If not, and he must go to the Indies, please to give him three or four guineas for me, to buy a few necessaries for his voyage.

B. F.

TO C. W. F. DUMAS.

Passy, August 10th, 1781.

Dear Sir,

Enclosed I send you a late paper received from Rhode Island. You will see in it the advantages our troops have gained in South Carolina. Late advices directly from Philadelphia say, that the enemy have now nothing left in Georgia, but Savannah; in South Carolina, but Charleston; nor in North Carolina, but Wilmington. They are, however, in force in Virginia, where M. de Lafayette has not sufficient strength to oppose them, till the arrival of the reinforcements, which were on their march to join him from Maryland and Pennsylvania.

In looking over my last to you, I apprehend I may have expressed myself perhaps a little too hardly of your country; I foresee you will tell me that we have many friends there; I once thought so too; but I was a little out of humor when I wrote, on understanding that no loan could be obtained there for our use, though the credit of this kingdom was offered to be engaged for assuring the payment, and so much is lent freely to our enemies. You can best tell the reason; it will be well not to let my letter be seen.

I am ever, dear Sir, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, September 13th, 1781.

Sir,

I duly received the two letters your Excellency did me the honor of writing to me, both dated the 19th of June, together with the letter addressed to the King and the three Commissioners, with the instructions relative to the negotiations for peace. I immediately went to Versailles and presented the letter, which was graciously received. I communicated also to Count de Vergennes a copy of your instructions after having decyphered them. He read them while I was with him, and expressed his satisfaction with the unreserved confidence placed in his Court by the Congress, assuring me that they never would have cause to regret it, for that the King had the honor of the United States at heart, as well as their welfare and independence. Indeed this has already been manifested in the negotiations relative to the Plenipotentiaries, and I have had so much experience of His Majesty's goodness to us, in the aids afforded us from time to time, and of the sincerity of this upright and able Minister, who never promised me anything which he did not punctually perform, that I cannot but think the confidence well and judiciously placed, and that it will have happy effects.

I have communicated to Mr Adams and to Mr Jay the purport of your despatches. Mr Adams already had received the same; by the first safe conveyance I shall acquaint the Congress with the steps that have been taken in the negotiation. At present I would only say, that the settling of preliminaries meets with difficulty, and will probably take much time, partly from the remoteness of the mediators, so that any relaxation of our warlike preparations in expectation of a speedy peace, will be imprudent as it may be pernicious.

I am extremely sensible of the honor done me by the Congress in this new appointment. I beg they would accept my thankful acknowledgments; and since they judge I may be serviceable, though I had requested leave to retire, I submit dutifully to their determination, and shall do my utmost to merit in some degree the favorable opinion they appear to have of me. I am the more encouraged in this resolution, as within the last three months I find my health and strength considerably re-established.

I wish, however, that a consul general may soon be appointed for this kingdom; it would ease me of abundance of troublesome business to which I am not equal, and which interferes with my own important functions.

The King having graciously complied with my request, of replacing the supplies lost in the Marquis de Lafayette, many hands are employed in providing them, who work hard to have them ready and shipped, so that they may arrive before winter.

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

B. FRANKLIN.

P. S. The copying machine for Mr Secretary Thompson is in hand, and will soon be finished and sent to him.

JOHN ADAMS TO B. FRANKLIN.

Amsterdam, October 4th, 1781.

Sir,

Your Excellency's letter of June 11th, is yet unanswered. I have the honor to agree with your Excellency in opinion, that it is reasonable that articles of rent of the hotel, payment of couriers, postage of letters, salaries of clerks, stationary for the bureau, and feasts and illuminations made upon public occasions, should be deemed expenses of the States. Indeed, otherwise it will be impossible for American Ministers to live in any such manner as is expected of them, both by Europeans and Americans.

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

JOHN ADAMS.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, October 20th, 1781.

Dear Sir,

Congress having lately thought it advisable to alter the arrangement of their great executive departments, and to dissolve the Boards and Committees under whose direction they formerly were, I am to inform you, that they have done me the honor to appoint me their Secretary of Foreign Affairs; in which capacity they have made it my duty, as it will always be my inclination, to maintain an intimate and regular correspondence with you. I have this day taken the oaths of office, and as the recital of fortunate events is the most pleasing task annexed to it, I shall give you a short sketch of the state of our military operations.

When General Washington was fully apprized, that Count de Grasse was to visit this Continent, he made every provision for the attack of New York, where the enemy had about six thousand troops, and seven ships of the line, which were thought inadequate to its defence. He collected the troops, as well those of allies as our own, and made a movement towards New York. The delay of our recruits in coming in, a small reinforcement to the enemy from Europe, and some other circumstances, gave us reason to be apprehensive for the event of this attempt, though the magnitude of the object still urged the General to undertake it. It was the enemy's place of arms, the repository of their magazines, and the only harbor for large ships left them on this side of Halifax. Every preparation was accordingly made, when some circumstances deemed unfortunate at the time, but which like many others of our supposed evils have in the end been productive of good, occasioned an alteration in the destination of Count de Grasse. He sailed for the Chesapeake. The General still appearing to prosecute his first design moved his army, and made such preparations as induced the enemy to believe, that he meant to possess himself of Staten Island, as preparatory to his design upon New York.

In the meantime the army filed off through Hackensack and Newark, to keep up the deception, and arrived by expeditious marches at the head of the Elk. Count de Grasse arrived at the critical moment, and Cornwallis, at the head of about seven thousand men, found himself completely invested at Yorktown by an army of near fourteen thousand regular troops. The British fleet, which arrived at New York about the time that Count de Grasse reached the Chesapeake, made an ineffectual attempt to relieve their army. They were defeated and compelled to return to New York, after losing the Terrible, a seventyfour, and two frigates; by which means, a junction of the fleet from Rhode Island was formed with that under the Count de Grasse. It arrived the day after the action, and narrowly escaped falling in with the English fleet.

Our batteries were opened on the 7th. The enemy having evacuated their principal outworks and been repulsed in one or two sallies, our second parallel was begun on the 11th, within three hundred yards of their lines, and the least sanguine among the officers fix the end of the month as the era of Cornwallis's captivity. His whole force at York, and on the opposite side of the river, including seamen and regulars, amounts to about seven thousand men.

The enemy sailed from Sandy Hook yesterday, with twentythree ships of the line, and three fiftys, with several frigates, and a number of fire ships. They have nine thousand of their best troops, if we are rightly informed, on board their ships of war. They are resolved to make some attempt for the relief of Cornwallis, whose capture must draw after it the loss of all the posts they hold in the Southern States, and the total ruin of their affairs in America. Georgia has re-established her government, where the enemy have no other footing than in Savannah. South Carolina is about doing the same. General Greene has very prudently wasted the strength of the enemy, and raised the confidence of the militia, by fighting them in detail. His late victory, which I enclose you an account of, in his own words, affords the most promising prospect of speedily recovering the possession of that country.

Congress are, however, looking forward to another campaign. They have voted twentyfive thousand men for the ensuing year. These, when raised and appointed, together with the success which has hitherto, and which we may promise ourselves will still continue to attend the allied arms, will enable you to open your diplomatic campaign with great advantage, and permit you, Sir, to rejoice in the close of that great work, to which you have so sedulously and ably contributed.

I need not tell you, Sir, how anxious I shall be to hear from you on every occasion. Nothing short of the most constant and regular information will satisfy the expectations of Congress. We have much to learn, and but few opportunities of acquiring information. Your situation enables you not only to let us know what passes with you, but to extend your inquiries to Courts where we have no Ministers, and of whose politics we would not choose to be ignorant, though they may but remotely concern us at present. For my own part, I freely confess, that I rely much upon your knowledge and experience to supply my want of both.

I propose to write so frequently to you as to keep you fully informed, not only of what is, but of what is not done, since the last may sometimes be as important to you as the first.

As far, Sir, as you may find a similar task consistent with your health, your leisure, and your various avocations, you will render us essential services in imposing it upon yourself.

Congress having resolved, that all communications with their Ministers abroad, shall pass through this office, you will do me the honor, Sir, to direct in future all your public letters to me.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, October 24th, 1781.

Dear Sir,

I three days since did myself the honor to write to you, informing you of my appointment to the Secretaryship of Foreign Affairs; and preparing you for the happy event which has taken place. Enclosed you have the capitulation of Yorktown and Gloucester, by which a British army of 5600 men was surrendered to the allied arms of France and America; and no inconsiderable fleet, with 800 seamen, to the navy of His Most Christian Majesty.

Since my last, which was written the day after I entered upon office, I have seen yours of the 14th of May. There are many things in it which deserve the attention I mean to pay it, when the first hurry that the intelligence I communicate occasions is over. But, Sir, there is a part which I cannot delay to take notice of, because I feel myself interested in opposing the resolution that you seem to have formed of quitting the station, which, for the honor of the United States, you now hold. I shall be impatient till I hear, that you comply with the wishes of Congress on this subject, as communicated long since. Though the new powers with which you are invested impose additional burthens upon you, yet as they at once contain the amplest testimonials of the approbation of Congress, and directly lead to the completion of the great cause in which you so early engaged, I cannot but flatter myself that you will take it upon you. I sent with my first letter to you one to the Count de Vergennes, informing him of my appointment. You will do me the honor to present it.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

TO THOMAS MC'KEAN, PRESIDENT OF CONGRESS.

Passy, November 5th, 1781.

Sir,

Herewith you will receive a copy of my last; since which I have been honored with two letters from the late President, the one dated March 2d, relating to Captain Jones's cross of merit, which I have communicated as directed; the other, dated July 5th, respecting the release and exchange of Mr Laurens.

Having no direct communication with the British Ministers, and Mr Burke appearing, by a letter to me, warmly interested in favor of his friend, General Burgoyne, to prevent his being recalled I have requested and empowered him to negotiate that exchange, and I soon expect his answer. The late practice of sending to England prisoners taken in America, has greatly augmented the number of those unfortunate men, and proportionally increased the expense of relieving them. The subscriptions for that purpose in England have ceased. The allowance I have made to them of sixpence each per week during the summer, though small, amounts to a considerable sum; and during the winter, I shall be obliged to double, if not treble it. The Admiralty there will not accept any English in exchange, but such as have been taken by Americans, and absolutely refuse to allow any of the paroles given to our privateers by English prisoners discharged at sea, except in one instance, that of fiftythree men taken in the Snake sloop, by the Pilgrim and Rambler, which was a case attended, as they say, with some particular circumstances. I know not what the circumstances were, but shall be glad to see the fiftythree of our people, whom they promised to send me by the first cartel. I have above five hundred other paroles solemnly given in writing, by which the Englishmen promised either to send our people in exchange, or to surrender themselves to me in France, not one of which has been regarded, so little faith and honor remain in that corrupted nation. Our privateers, when in the European seas, will rarely bring in their prisoners when they can get rid of them at sea. Some of our poor brave countrymen have been in that cruel captivity now near four years. I hope the Congress will take this matter into immediate consideration, and find some means for their deliverance, and to prevent the sending more from America. By my last accounts, the number now in the several prisons amounts to upwards of eight hundred.

I request also some direction from Congress (having never received any) respecting the allowance to be made to them while they remain there. They complain that the food given them is insufficient. Their petition to the English government to have an equal allowance with the French and Spanish prisoners has been rejected, which makes the small pecuniary assistance I can send them more necessary. If a certain number of English prisoners could be set apart in America, treated exactly in the same manner, and their exchange refused till it should be agreed to set these at liberty in Europe, one might hope to succeed in procuring the discharge of our people. Those, who escape and pass through France to get home, put me also to a great expense for their land journies, which could be prevented if they could be exchanged, as they would be landed here in ports.

The Ambassador of Venice told me, that he was charged by the senate to express to me their grateful sense of the friendly behavior of Captain Barry, commander of the Alliance, in rescuing one of the ships of their State from an English privateer, and setting her at liberty; and he requested me to communicate this acknowledgment to Congress. There is a complaint from Holland against Captain Jones, for having taken the brigantine Berkenbosch and sending her to America, and I have been desired to lay before Congress the enclosed depositions relating to that capture, and to request their attention to it.

The Ambassador of Portugal also frequently asks me if I have received any answer to their complaint, long since sent over. I wish it was in my power to give one of some kind or other. But none has yet come to my hands. I need not mention the importance of attending to the smallest complaints between nations, the neglect of them having sometimes very serious consequences.

The mediation proposed is not agreed to by England, who refuses to treat with our United States but as a Sovereign with subjects, and I apprehend that a change in that resolution is only to be expected from time, the growing insupportable expense of the war, or a course of misfortunes in the progress of it. The spirits of that nation have been continually kept up by the flattering accounts sent over, of our being weary of the contest, and on the point of submission. Their Ministers, as appears by their intercepted letters, have been themselves so far deceived as to expect daily those submissions, and to have the pleasure of laying them before the King. We may, perhaps, be able to guess a little by the King's speech at the approaching new session of Parliament, whether they still continue under this delusion. As long as it subsists peace is not to be expected.

A loan has been proposed to be obtained for us of the States of Holland on the credit of this government. All public operations are slow in that country, and though the affair is at length said to be concluded, it is not yet executed. Considerable advances have, however, been made here in expectation of being reimbursed by it. The last aids granted us have been so absorbed by my payment of the drafts on Mr Jay and Mr Adams, and acceptance of those for the enormous unexpected purchases in Holland, which were to have gone in Captain Gillon's ship, but left behind, that I shall have nothing to spare for extraordinaries, unless some of the Holland loan comes soon into my hands. I am now told from Amsterdam, that the two ships freighted there to carry those goods are detained, as their contract was to sail under convoy of the South Carolina, which left them; and they must now take more men to defend them, and of consequence claim a higher freight, and to have it paid before they sail, unless I will buy the ships, and send them on account of Congress, neither of which is in my power to do. It was with reluctance I engaged in that affair, having little confidence in Captain Gillon's management, and fearing some embarrassment of our credit. I consented in fine to engage for the payment of ten thousand pounds sterling, being the value of the goods suitable for Congress, said to be already shipped in that vessel, and as there was said to be still some room, and she was thought a safe conveyance, I concluded to furnish an additional sum to fill that supposed vacancy, which I limited to five thousand pounds sterling more. You will judge of my surprise, when I saw the accounts of that additional purchase, which amounted, instead of five, to fifty thousand pounds sterling. I at first absolutely refused to pay for them. But Captain Jackson came to me from thence express, urged that the purchase was made by order of Colonel Laurens; that the goods were on board; that if I would not undertake to pay for them, they must be relanded, and returned or sold, which would be a public disgrace to us; that they were all articles exceedingly wanted in America, &c. &c. In fine, I was prevailed on, and accepted the bills, and was obliged to go with this after-clap to the Ministers, a proceeding always disagreeable, after the dispositions of the funds of the year have been arranged; and more so in this case, as the money was to be paid for the manufactures of other countries, and not laid out in those of this kingdom, by whose friendship it was furnished. This fresh grant was at first absolutely refused; at length I obtained it, and I hoped the difficulty was over.

But after all, the officers declare the ship was overloaded, that there was not room to lodge the people and provisions, nor to act in fighting her; the goods are turned out into two other ships, those are left, and it is now proposed to me, either to buy them, or to advance a freight nearly equal to their value. I cannot make a new demand for this purpose; and I shall not wonder if this government, observing how badly our shipping and transporting the supplies are managed, should take that business for the future entirely into their own hands, as they have begun to do in the case of replacing the cargo of the Marquis de Lafayette, and indeed, till some active, intelligent person, skilled in maritime affairs, is placed here as consul, I cannot but think it will be much better executed, and more for our advantage. Some considerable parts of that new cargo are already shipped, and the rest I hear are in great forwardness.

The very friendly disposition of this Court towards us still continues, and will, I hope, continue forever. From my own inclination, as well as in obedience to the orders of Congress, everything in my power shall be done to cultivate that disposition; but I trust it will be remembered, that the best friends may be over burthened; that by too frequent, too large, and too importunate demands upon it, the most cordial friendship may be wearied, and as nothing is more teazing than repeated, unexpected large demands for money, I hope the Congress will absolutely put an end to the practice of drawing on their Ministers, and thereby obliging them to worry their respective Courts for the means of payment. It may have otherwise very ill effects in depressing the spirit of a Minister, and destroying that freedom of representation, which, on many occasions, it might be proper for him to make use of.

I heartily congratulate you, Sir, on your being called to the honorable and important office of President, and wish you every kind of prosperity.

Be pleased to present my dutiful respects to the Congress, and believe me to be, with great and sincere esteem and respect, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 24th, 1781.

Sir,

Major General du Portail will have the honor to present this. Congress, in consideration of their long and faithful services in this country, have granted permission to him and Colonels de Laumoy and de Gourion, to revisit their friends in Europe for the winter.

As the merit of these gentlemen has procured for them particular marks of the esteem of Congress, they wish them to be distinguished by the notice of their sovereign, and for that purpose have directed that they be recommended to you, and that you be requested to present them at Court, in such a manner as will bespeak for them the attention they justly merit.

Congress are persuaded that this task will be particularly agreeable to you, as they are indebted to your care for the useful services of these gentlemen, and as nothing is more acceptable to a man of real merit, than to be made the means of displaying it in others.

This is the third letter I have had the honor to write to you since my entering upon office, and you will find it numbered in the margin accordingly. I beg you will be pleased to number all your letters to me in the same manner, that I may know those which by any means may be prevented from coming to hand.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 26th, 1781.

Dear Sir,

The Marquis de Lafayette, who has obtained leave to revisit his family for the winter, does me the honor to be the bearer of this, and duplicates of two former letters to you. The degree of estimation in which he is held here, you will collect from the enclosed resolutions relative to him, so that you may converse freely with him, and I doubt not that he will be able to satisfy your inquiries on many important questions relative to this country, on which account I may confine myself more to general heads than I would otherwise do.

As to intelligence, there is little of importance, the army all having gone into winter quarters, after the late glorious campaign, the enemy having been defeated on every hand. A party of about six hundred of them, who fell upon the western frontier of New York, were the last that quitted the stage; having been driven off by an inferior number of militia, with the loss of their leaders, and many privates killed, and about fifty, including the wounded, made prisoners. A body of troops is detached to the southward to reinforce General Greene, with orders to attempt Wilmington on their way, which the enemy occupy with about five hundred men, and keep up a connexion with the disaffected counties in North Carolina.

We have not in a long time heard either from you or Mr Jay, so that we are much in the dark respecting the probable prospect of a negotiation this winter, or rather are led to conclude from your silence, that the prospect is extremely remote; in which case, all your objects will concentre in preparing for the ensuing campaign, and directing the operations as far as possible to this country. The success of the combined operations this summer will give great weight to your arguments, especially as they are such as would deserve, independent of that, the most serious attention. But, Sir, you will have a difficult card to play, to induce France to do what not only our but her interests essentially require. Never was there a time in which money was more necessary to us than at present. The total abolition of paper, the length of the war, the restricted commerce we have carried on for the first five years of it, the arrears of debts, and the slender thread by which public credit hangs, put it totally out of our power to make any great exertions without the immediate supply of money. Taxation will be carried as far as it can go, but this will fall very far short of our wants. The richest nations in Europe, unable to carry on a war by taxation only, are compelled to borrow. How then will it be expected that a nation, which has had every difficulty to struggle with, an enemy in the heart of its country, and all its considerable towns at one time or another in their possession, a superior navy on its coasts, and the consequential ruin of its agriculture and commerce, how, I say, can it be expected that such a nation should find resources within itself for so long and bloody a war? And yet in this situation, we are alarmed by our advices from you, by representations from the Minister of France, by assurances from every quarter, that we must expect no further assistance in money. Surely it is not possible that France, after having done so much for us, after having brought us within view of the desired haven, should oblige us to lose the advantage of all she has done; and yet be assured that the most serious consequence may attend her stopping her hand at this critical time. Public credit, which is growing very fast, will drop to the ground. The contracts made for the ensuing campaign must be given up; the troops, who were made to expect pay in specie, will be dissatisfied; and upon the least ill fortune, a failure in supplies will show their discontents; recruiting will be checked, and the conclusion of the war on those advantageous terms, which one vigorous exertion next spring in this country would secure, will be postponed to a later period, when in fact all we wish, to enable us to accomplish these great objects, is less than one year's continuance of the war will cost France. You will, therefore, show the necessity of setting our credit upon a firm basis, the prospect we have of accomplishing it, from the great confidence in the integrity and abilities of the financier, from the economy which is introduced into our departments, from the industry which money excites, and which a fluctuating medium had destroyed, and from the total debility which much attend another shock to public credit.

You are perfectly acquainted, Sir, with the natural resources of the country, you know the value of our exports, and the security they afford for any debt that we may contract; in short, there are a thousand arguments on this subject, which will suggest themselves to you, not one of which will you, upon this occasion, omit to urge, since you must be perfectly convinced of its importance in every view, both to France and to us. The Superintendent will write more fully upon this subject, which relates so particularly to his department.

I would beg leave to remind you of another want, which we depend on your representations, and the good dispositions of the Court of Versailles, to remove. The chase here seems to be pretty well over, the enemy, tired of running across the country, have taken to their burrows, and the whole business that remains to us, is to take measures for unearthing them next spring. In order to this, ships are absolutely necessary. The situation of New York and Charleston renders them untenable against a naval force, and extremely strong against an attack by land; besides that success in such an operation would not be decisive, since, after putting us to immense expense of men and ammunition of every kind, while they keep the command of the water, they might change their position and be as troublesome as ever. At any rate, the reduction of both these places, from their distance, and the difficulty of removing the men and stores, cannot be effected the same campaign without a naval force, and with it, it will be the business of a few weeks. The advantage to France, independent of her interests as they stand connected with ours, in keeping a great naval force on this continent is obvious.

1st. The expense to which they put the English, by obliging them to maintain an equal force at this distance from home, at four times the cost at which the French navy may be maintained in this country; which, with proper management, need not exceed what they expend even in France.

2dly. The number of seamen they employ in the transport service, being so many deducted from what might supply their navy, with the same expense as if so employed.

3dly. The protection afforded to the trade on this coast, and the prospect of capturing the enemy's victuallers, and the consequent ruin of their affairs.

4thly. But above all, the decided advantage it will afford our combined operations, and the speedy termination of the war, by an advantageous peace. It is true, France may have other objects, which may interfere with these. To this we can say nothing; she must judge for herself. All we can do is to point out what we conceive will be most useful to her as well as to us, and submit to her determination. It would be well, however, if we were apprized of it as soon as possible.

If a negotiation should open this winter, or there should be a probable prospect of it, you will do me the favor to give me the earliest advices of it. There are many delicate points, on which you would like to know the sentiments of people on this side of the water, which I will endeavor to acquaint you with.

I should inform you, that Congress, have discharged the commission for negotiating a treaty of commerce with Great Britain, and taken that burthen from Mr Adams's shoulders; that in compliment to the Marquis de Lafayette, they have made him the bearer of a letter to the King of France, which I enclose; that in answer to your favor of the 11th of June, they have passed the enclosed resolution.

Mr Morris will write to you on this subject, and enable you to discharge the bills. Should France send a fleet next spring, it would be advantageous to have it unincumbered with such orders, as may prevent its taking advantage of circumstances. This has unhappily prevented this campaign from being absolutely decisive. But neither this, nor any other great object can escape your observation, bent as it is upon promoting the happiness of your country.

In order to enable you to meet the claim of the tories to the property that has been confiscated, I am endeavoring to collect for you an accurate account of the damages wantonly done by the enemy in this country, which will at least serve to set against that claim.

Congress are preparing for an active campaign. They have directed eight millions of dollars to be raised by tax. There is not, however, the least idea that this, or even one half of it, will be collected in the time specified; you will not, therefore, suffer the Court to deceive themselves, by hopes of exertions founded on this measure, but urge again and again the absolute necessity of supplying money.

I have conversed so freely with the Marquis de Lafayette on the general state of our politics, that I would rather refer you to him, than trouble you with a longer letter on the subject.

I cannot however close this, without desiring you to inquire whether any intercepted letters from Mr Deane to persons in this country have been published in Europe. Rivington has given us many, which are generally believed to be his.

The Marquis will satisfy your inquiries about them.

I am, dear Sir, with sentiments of the highest respect and esteem, &c.

ROBERT R. LIVINGSTON.

WILLIAM ALEXANDER TO B. FRANKLIN.

Paris, December 15th, 1781.

My Dear Sir,

I told you the last time I had the pleasure of seeing you at Passy, that I would make a trip to London, but had no notion it would be so soon. On coming to town last evening, I found such pressing letters, that I propose setting off this evening, or tomorrow at latest. I would have called, if possible, to receive your commands, but as I am pinched in time, I must content myself with sending for them. The bearer will call for them an hour after receiving this letter.

I shall probably be interrogated about the dispositions in this country to peace. My own idea is, that you seek only your independence, and that this country, were that secured, will be moderate in other matters, as the object of the war does not seem to be conquest. Let me know if this is proper language. I notice that a courtly argument has been used in Parliament for continuing the continental war, that withdrawing would make you insolent, and give France exclusive advantages. Were it not proper that this were contradicted flatly? Any commissions you may have will be taken care of, and I shall be back, barring accidents, in three weeks.

Wishing you everything that is good, I remain, with equal esteem and respect, dear Sir, your most obedient humble servant.

W. ALEXANDER.

TO WILLIAM ALEXANDER.

Passy, December 15th, 1781.

Dear Sir,

I thank you for informing me of your intended journey. You know so well the prevailing sentiments here, and mine in particular, that it is unnecessary for me to express them; and having never been believed on that side of the water, it would be useless. I will say, however, that I think the language you mention very proper to be held, as it is the truth; though the truth may not always be proper.

Wishing you a good voyage, and happy return to your children, I am, with great esteem, dear Sir, yours, &c. &c.

B. FRANKLIN.

TO DAVID HARTLEY.

Passy, December 15th, 1781.

My Dear Friend,

I received your favor of September 26th, containing your very judicious proposition of securing the spectators in the opera and play houses from the danger of fire. I communicated it where I thought it might be useful. You will see by the enclosed, that the subject has been under consideration here. Your concern for the security of life, even the lives of your enemies, does honor to your heart and your humanity. But what are the lives of a few idle haunters of play houses, compared with the many thousands of worthy men and honest industrious families, butchered and destroyed by this devilish war! O! that we could find some happy invention to stop the spreading of the flames, and put an end to so horrid a conflagration!

Adieu, I am ever yours most affectionately,

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, December 16th, 1781.

Dear Sir,

Since my last, of which I send you a duplicate by this conveyance, nothing material has happened here, unless it be the evacuation of Wilmington, which is, perhaps, the most important post of communication with the disaffected people of the country of any they have held in America. The tories of North Carolina possessed a boldness and spirit, which were not found elsewhere, and upon occasion appeared openly in arms. They are by these means abandoned to the enemy, and the resentment of their country.

The cypher, which I shall use with you, is No. 4 of those sent by Mr Morris; in that, the duplicate is written which went uncyphered by the Marquis de Lafayette.

I enclose a resolution of Congress for erecting a pillar to commemorate the victory at Yorktown. I must request your assistance in enabling me to carry it into effect, so far as it relates to me, by sending the sketch they require, with an estimate of the expense with which it will be attended. I could wish it to be such, as may do honor to the nations, whose union it designs to celebrate, and for that reason should think the execution ought to be deferred till our finances are in a better situation than they are at present; but as this lies with Congress only, you will be so obliging as to enable me to do my duty, by laying the sketch before them as soon as you can conveniently get the same executed.

I have also the honor to enclose an ordinance of Congress, which comprises all their former resolutions with respect to captures, with the addition of some others; among them, one for "prohibiting the importation of British goods," unless such as may have been taken from the enemy. This will make some arrangements with the Court of France necessary. The high duties upon prize goods consumed in France render them considerable articles of exportation, and unless some mode is fallen upon to evidence their having been captured, they will be liable to seizure here. I would propose that the Lieutenants of the Admiralty, or some other officers in the seaport towns, should, to an inventory of the goods shipped, annex a certificate under hand and seal, of their having been captured from the enemy, and that this should be done without any charge to the purchaser. You, Sir, who are better acquainted with the interior of the government of France, than I can be supposed to be, will be pleased to suggest some mode of executing this business; or if none better presents itself, to use means for carrying what I propose into effect. I send by this conveyance a number of American papers, and beg in return to be favored with those of France, or any new publication that may deserve attention.

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

ROBERT R. LIVINGSTON.

Enclosed.

1. An ordinance, ascertaining what captures on the waters shall be lawful.

2. Resolve, directing the Secretary of Foreign Affairs to prepare a sketch of emblems, &c.

3. Resolves for raising eight millions of dollars, and the proportion of each State.

4. Recommendations to the several States for enacting laws against the infraction of the laws of nations.

5. Letter to Messrs Wallace, Johnson, and Muir, at Nantes.

DAVID HARTLEY TO B. FRANKLIN.

London, January 2d, 1782.

My Dear Friend,

I have received the favor of yours of the 15th of December by Mr Alexander. I most heartily join with you in the wish, that we could find some means to stop the spreading flames of this devilish war. I will not despair. The communications, which he has imparted to me from you, have revived my hopes of peace. I laid them before the Minister immediately. We are at a suspense for the present upon a very material preliminary. I did intend writing to you at the present pause, that we might make our ground good as we go on, but an accident which has happened obliges me to do it without delay. For having had a most essential question transmitted to me from Lord North for explanation, when I would have applied to Mr Alexander, I could not find him; and now I find that he has left his hotel these four or five days, and his return being uncertain, I must apply to you. I will state to you what has passed.

Upon my first interview with Mr Alexander, he told me, that the late events would make no difference in the prospect of peace; that America had no other wish than to see a termination of this war; that no events would make them unreasonable on that subject, which sentiments likewise your letter expresses; and that no formal recognition of independence would be required. I thought this a very fair opening; but the next point, which he explained to me, seemed to be still more material towards peace, viz. that America was disposed to enter into a separate treaty with Great Britain, and their allies were disposed to consent to it. I believe that it has been the unfortunate union of common cause between America and France, which has for the last three years turned aside the wish of the people of England for peace. I verily believe (so deep is the jealousy between England and France,) that this country would fight for a straw to the last man, and the last shilling, rather than be dictated to by France. I therefore consider this as the greatest rub out of the way. I have often argued this point with you upon former occasions, having at all times foreseen, that it would be the greatest rub in the road to peace, and I have often stated it to you as an act of justice due to America from her allies, not to drag her through a war of European resentments and jealousies, beyond her original views and engagements; and moreover, I think the separation of the causes in the negotiation promises much the shortest road to a general peace.

Upon Mr Alexander's opening thus much to me, I told him I would apply for the earliest opportunity of laying these matters before the Minister. Accordingly on Friday morning, December the 21st, I applied through the means of the Earl of Guilford, father to Lord North, a nobleman of a most respectable character, advanced in years, and attached by every possible tie to a son now in the most arduous situation, I therefore requested the favor through his hands, as giving me the most conciliatory access to the Minister, to whom I was preparing to make an application for peace. After the appointment was made with Lord North for Friday evening, I returned to Mr Alexander, to consider the specific manner and terms in which I should make my application. It had occurred to me, from what Mr Alexander had stated to me, that the Conciliatory Bill,[27] which I had moved in the last Parliament, on June the 27th, 1780, would still serve as a foundation to proceed upon; I therefore carried it with me.

He told me, that he and you knew the sense of the bill very well, and that it would be entirely consonant to your sentiments, that I should state it to Lord North, as drawing an outline for a negotiation of peace. However, to avoid all errors, I read the bill through to him, and explained the view of each clause, viz. the style of Provinces of North America, a general phrase, to avoid any term denoting dependence or independence; the truce for an indefinite term; the articles of intercourse for ten years certain; to restore an amicable correspondence, and to abate animosities; the suspension of certain acts of Parliament; to avoid every possible question of dependence or independence; and to finish the work, by a ratification of each article of intercourse as agreed to, thereby to prevent all possible return of war. I compared the articles of intercourse for a short term, and their ratification into a permanent peace, to a well known mode of proceeding in the laws of England, by lease and release, from temporary to perpetual amity and peace.

Upon these grounds I took my commission from him for Lord North, viz. the question of dependence or independence sub silentio, a separate treaty with America, and to state the Conciliatory Bill of June, 1780, as, the outline of negotiation. I saw Lord North in the evening, and stated the foregoing propositions to him, as I have now stated them to you. After having stated the compromise sub silentio and the separate treaty, I left with Lord North the copy of the bill of June, 1780, together with a paper, entitled, Conciliatory Propositions, as explanatory of that bill, both enclosed with this. The next morning, viz. Saturday, December the 22d, I saw Mr Alexander, and reported to him what I had stated to Lord North, and showed him a copy of the paper, entitled Conciliatory Propositions. He told me, that I had executed my commission perfectly to his intelligence of the matter. I should tell you, that at the conclusion of my conversation with Lord North, we both settled jointly the result thus; "I recommend to your Lordship the propositions which I have had the honor of stating to you, as general grounds of a proposed negotiation, leading towards peace, under liberal constructions." Lord North said in answer, "so I understand them."

Upon this footing, matters rested for some days. On Sunday last, December the 30th, I received a message from Lord North, through the means of Lord Guilford, requesting an explanation of this point, viz. "Who is authorised to treat on the part of America? whether you or Mr Adams, or both jointly; and whether the propositions above stated would be acknowledged, as general grounds of negotiation towards peace, by the person or persons authorised to treat; because it was necessary, before he could lay a matter of so great importance before the Cabinet Council, that he should be entitled to say, these propositions and general outlines come to me from responsible and authorised persons." The moment I received the request of Lord North, I agreed entirely with the necessity of an explanation on that head. I had partly expected such an inquiry, and it gave me satisfaction when it came, as I thought it the first reply towards a parley. If the propositions had not gained some attention, it would have been of very little importance to have inquired whence they came. As to the caution itself, it appears to me not only prudent but indispensable. The forms of caution in such cases are the essentials of caution. I had determined on my own account before this message to have written to you, that I might have received your sentiments directly from yourself without any other intervention, that we might proceed with caution and certainty in a matter of such infinite importance. This message has only quickened my despatch. The two points of explanation requested, I take to be these; whether the outlines above recited are properly stated, always considering that they imply no further than general grounds of negotiation towards peace, under liberal constructions; and secondly, by what authorised person or persons any answer on this subject would be accepted; in short, a requisition of credentials preparatory to a formal answer, which is so much the more necessary on the supposition of a favorable reception of the first hint towards negotiation.

When I last saw Mr Alexander, viz. about four or five days ago, he had met with some desponding impressions, as if the Ministry were indisposed to peace, and that things would not do, &c. He did not tell me upon what ground he had formed such apprehension; however, lest he should have imparted any such by letter to you, I will state that point to you, because it may have infinite ill consequences to be too touchy on such occasions. A premature jealousy may create the very evil it suspects. The Ministry in this country are not everything. The sense of the people, when really expressed and exerted, would be most prevalent. Suppose then it were a proved point, that every man in the Ministry were in his heart adverse to peace. What then? withhold all overtures! By no means. I should advise the very contrary in the strongest manner. I should say, let the overtures be made so much the more public and explicit by those who do wish for peace. It is the unfortunate state of things, which has hitherto bound the cause of France to any possible treaty with America, and which has thereby thrown a national damp upon any actual public exertions to procure a negotiation for peace with America. I have the strongest opinion, that if it were publicly known to the people of England, that a negotiation might be opened with America, upon the terms above specified, that all the Ministry together, if they were ill disposed to a man, would not venture to thwart such a measure.

But why should it be supposed, that the Ministry, to a man, are ill disposed to a peace? Suppose them to be half and half, and the public wish and voice of the people in favor of negotiation, it is evident on which side the balance would incline. But why should we seek to throw a damp prematurely upon any chance? Why presume even against any individual? I grant, that it would be a bitter trial of humility to be brought to a formal recognition of independence at the haughty command of France, and I believe every part of the nation would proceed to every extremity before they would submit to that. But if that touchy point can be provided for, sub silentio, and if the proposed treaty with America may be carried on free from control by France, let us give the cause of peace a fair trial; at the worst we should but be where we were if we should fail. But why should we expect to fail, when the greatest rub is removed, by the liberty of entering separately into a treaty? I think it a most favorable event, leading towards peace. Give us a truce with its concomitants, and a little time so given for cooling will have most excellent effects on both sides. Eternal peace and conciliation may then follow.

I send this to you by the quickest despatch, that we may bring this point to a fair issue before the meeting of Parliament. God prosper the blessed work of peace.

I am ever yours most affectionately,

D. HARTLEY.

P. S. Jauary 8th, 1782. Since writing this letter, I have seen Mr Alexander, and shall see him from time to time to communicate with him. I do not suppose I shall have an answer from Lord North till the preliminary points are so settled, as to enable him to give an answer in form. The Ministry might undoubtedly give a short negative, if they thought proper; but I do not expect that. You may be assured, that I have and shall continue to enforce every argument in the most conciliatory manner to induce a negotiation. I am very sorry for Mr A.'s confinement, on his own account, and on that of his friends, and because probably in the future state of this business his personal exertions may be very serviceable in the cause of peace. Every assistance and every exertion of mine will always be most heartily devoted to that cause. I have nothing further to add, either upon my own reflections or from my subsequent conversations with Mr Alexander, to what I have stated in the foregoing letter. If we once make a good beginning upon the plan there stated, I should hope that such a negotiation, founded on such principles, would promise fair to produce every salutary and pacific concequence in the event.

D. H.

REMARKS ON THE CONCILIATORY BILL

In the title and preamble of the bill, the words Provinces of North America are used as general words, neither implying dependence or independence.

Clause I. The Truce is taken from the Conciliatory Act of 1778, and is indefinite as to the proposed duration of the truce. Under this clause it might be proposed to negotiate three points, viz. the removal of the British troops from the Thirteen Provinces of North America, and connectedly with this article, a stipulation for the security of the friends of the British government. The third article might be a stipulation, that the respective parties, during the continuance of the truce, should not either directly or indirectly give assistance to the enemies of each other.

Clause II. Articles of Intercourse and Pacification. Under this clause some arrangements might be settled, for establishing a free and mutual intercourse, civil and commercial, between Great Britain and the aforesaid Provinces of North America.

Clause III. Suspension of certain Acts of Parliament. By this clause a free communication may be kept open between the two countries, during the negotiation for peace, without stumbling against any claim of rights, which might draw into contest the question of dependence or independence.

Clause IV. The Ratification by Parliament. The object of this clause is to consolidate peace and conciliation, step by step, as the negotiation may proceed; and to prevent, as far as possible, any return of war, after the first declaration of a truce. By the operation of this clause, a temporary truce may be converted into a perpetual and permanent peace.

Clause V. A Temporary Act. This clause, creating a temporary act for a specific purpose of negotiation in view, is taken from the act of 1778.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 7th, 1782.

Dear Sir,

As it does not appear improbable, that the humiliation and misfortunes of Great Britain may produce the same sentiments, which a spirit of moderation dictates to the other belligerent powers, and lead her to concur with them in their wishes for peace, it cannot be improper to acquaint you with the objects America most wishes to attain, and to furnish you with the arguments on which they found their claim to them. For such is the confidence, not only in the justice of His Most Christian Majesty, but in his friendship, that they firmly persuade themselves, that he will not only preserve for them their undoubted rights, but that he will even go so far as to procure for them those advantages they may reasonably demand, on the close of a successful war; and I am perfectly satisfied, that the loose hints that a detail of their sentiments may afford you, and our other Commissioners, will be strengthened and improved by your lights in such manner, as to come before his Majesty in the most advantageous form.

The first point of discussion will be the limits of the United States. The instructions given Mr Adams on the —— day of —— last, explain the wishes of Congress on that subject, nor can they admit of many doubts, except so far as they relate to our southern extent. The boundary between us and Canada being very well ascertained by grants, charters, proclamations, and other acts of government, and more particularly by the settlements of people, who are engaged in the same cause with us, and who have the same rights with the rest of the subjects of the United States.

Our western and northwestern extent will probably be contested with some warmth, and the reasoning on that subject be deduced from general principles, and from proclamations and treaties with the Indians.

The subject is undoubtedly intricate and delicate, yet, upon candid investigation, I believe it will appear, that our extension to the Mississippi is founded in justice; and that our claims are at least such as the events of the war give us a right to insist upon. Your situation, furnishing you amply with the various documents on which Great Britain founded her claim to all the country east of the Mississippi previous to the treaty of Paris, I will not trouble you with references to them, which would at any rate be imperfect, from the want which prevails here of books and papers. Taking it for granted, that the King of Great Britain was entitled to that extent of country, (which he at least cannot contravene) it only remains to examine how far he considers it as within the limits of some of the United States, because he can no more pretend to abridge those limits, than claim any other right of which the United States are in possession.

His idea of these limits is apparent from charters granted by the crown, and from recent grants made by its representatives in several of the States, it appears that they considered their authority to grant lands to the westward, as coextensive with the right of Great Britain, unless they were restricted by their interference with other governments. Upon this principle, the servants of the crown in New York granted land on the borders of Lake Erie, to the westward of Niagara. And Virginia, even after the proclamation in 1763, patented considerable tracts upon the Ohio, far beyond the Appalachian mountains. It is true, the several governments were prohibited at different times from granting lands beyond certain limits, but these were clearly temporary restrictions, which the policy of maintaining a good understanding with the natives dictated, and were always broken through after a short period, as is evinced by the grants abovementioned, made subsequent to the proclamation in 1763. And indeed the proclamation itself furnishes a substantial argument of the opinion of Britain, with respect to the right which some of the States had to extend to the westward of the limits it prescribed, otherwise it would not have been necessary to prohibit their governors from granting, as their patents would, in such cases, have been invalid, and themselves subjected to the censure of their master upon whom they were dependent. Unless, therefore, these proclamations absolutely destroyed the right, they must be considered as proofs of its existence at least, and after they were issued. The slightest examination of them shows, that they did not take away, but restrained an existing right, and the subsequent grants by the governors evidence that they were, as is before asserted, mere temporary restrictions. The same reasoning applies to the treaty at Fort Stanwix, and to other agreements taken from treaties with the Indians. Strong evidence in our favor is also found in the map made by the King's geographer, in which Virginia and the Carolinas are laid down as extending to the Mississippi, shortly after the last war. Arguments may be drawn against us by the Quebec Bill, but as this is one of the laws that occasioned the war, to build anything upon it would be to urge one wrong in support of another. But this matter may perhaps be seen in a different light, and our pretensions placed upon a more extensive basis by recurring to general principles, and asking whence Great Britain derived her right to the waste lands in America.

Evidently, from the allegiance which a subject is supposed to carry with him wherever he goes, even though he dislikes his constitution and seeks one that pleases him better, upon this false principle, the oppressed subjects of Great Britain, seeking freedom in the wilds of America, were supposed to extend to it the sovereignty of the kingdom they had left. The rights of the King of Great Britain then to America were incident to his right of sovereignty over those of his subjects that settled America, and explored the lands he claims. For the idea of right derived from mere discovery, and the vain ceremony of taking possession without planting and continuing that possession, is now fully exploded. If then we admit what is necessary to our independence, that the right of sovereignty over the people of America is forfeited, it must follow, that all rights founded in that sovereignty are forfeited with it; and that upon our setting up a new sovereign in America, the rights which the first claimed as such, devolve upon the second. Upon this principle, Great Britain is left without a foot of land in America beyond the limits of those governments which acknowledge her jurisdiction.

It is in vain to say, that the King of Great Britain holds these back lands by a cession from other powers. Since those cessions were grounded upon a prior claim, derived through the people of America, and only served to confirm the right which they gave the King of Great Britain while he was their sovereign, and which he loses with his sovereignty over them. This mode of reasoning is warranted by the practice Great Britain uniformly held of treating with the Indian nations through their American governors, who have frequently executed with them the most solemn acts, and sometimes extended the King's protection to the nations who occupy the waste lands, which are the subject of our present claim. The expense of retaining these in friendship, almost always devolved upon the respective States, who, till lately, particularly in New York, voted the sums necessary to support smiths among them, and to procure the presents which were annually made them. From hence, then, it follows, that if the King of Great Britain has any right over the back lands in America, it must be as King of the people of America; ceasing to be King of those people, his right also ceases. If he has no right over the back lands, but merely as protector of the savage nations that inhabit them, that connexion and duty also devolve upon us, since they evidently claimed that protection from him as King of the Colonies, and through the governors of those Colonies, and not as sovereign of a country three thousand miles from them. This country having chosen a new sovereign, they may rightfully claim its protection.