Volume 4 — Introductory material (continued 2)

Several important political events have taken place here lately. The evacuation of Charleston, the sailing of the French fleet and the army, the decision of the great cause between Connecticut and Pennsylvania, in favor of the latter, the state of the army, &c., all of which I should enlarge upon, if this was not to be delivered by Mr Jefferson, who will be able to inform you fully on these points and many others, that you will deem important to a right knowledge of the present state of this country.[12]

I enclose a state of the trade between these States and the West Indies, as brought in by a Committee of Congress, and referred to me. It may possibly afford you some hints, and will serve to show how earnestly we wish to have this market opened to us.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO RICHARD OSWALD.

Passy, January 14th, 1783.

Sir,

I am much obliged by your information of your intended trip to England; I heartily wish you a good journey, and a speedy return, and request your kind care of a packet for Mr Hodgson.

I enclose two papers, that were read at different times by me to the Commissioners; they may serve to show, if you should have occasion, what was urged on the part of America on certain points; or may help to refresh your memory. I send you also another paper, which I once read to you separately. It contains a proposition for improving the law of nations, by prohibiting the plundering of unarmed and usefully employed people. I rather wish than expect, that it will be adopted. But I think it may be offered with a better grace by a country, that is likely to suffer least and gain most by continuing the ancient practice; which is our case, as the American ships, laden only with the gross productions of the earth, cannot be so valuable as yours, filled with sugars or with manufactures. It has not yet been considered by my colleagues, but if you should think or find that it might be acceptable on your side, I would try to get it inserted in the general treaty. I think it will do honor to the nations that establish it.

With great and sincere esteem, I am, Sir, your most obedient and most humble servant,

B. FRANKLIN.

Propositions relative to Privateering, communicated to Mr Oswald.

It is for the interest of humanity in general, that the occasions of war, and the inducements to it should be diminished.

If rapine is abolished, one of the encouragements to war is taken away, and peace therefore more likely to continue and be lasting.

The practice of robbing merchants on the high seas, a remnant of the ancient piracy, though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorises it. In the beginning of a war, some rich ships, not upon their guard, are surprised and taken. This encourages the first adventurers to fit out more armed vessels, and many others to do the same. But the enemy at the same time become more careful, arm their merchant ships better, and render them not so easy to be taken; they go also more under protection of convoys; thus while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished, so that many cruises are made, wherein the expenses overgo the gains; and as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole expense of fitting out all the privateers, during a war, being much greater than the whole amount of goods taken. Then there is the national loss of all the labor of so many men during the time they have been employed in robbing; who besides spend what they get in riot, drunkenness, and debauchery, lose their habits of industry, are rarely fit for any sober business after a peace, and serve only to increase the number of highwaymen and housebreakers. Even the undertakers, who have been fortunate, are by sudden wealth led into expensive living, the habit of which continues when the means of supporting it ceases, and finally ruins them; a just punishment for their having wantonly and unfeelingly ruined many honest innocent traders and their families, whose subsistence was employed in serving the common interests of mankind.

Should it be agreed and become a part of the law of nations, that the cultivators of the earth are not to be molested or interrupted in their peaceable and useful employment, the inhabitants of the sugar islands would perhaps come under the protection of such a regulation, which would be a great advantage to the nations who at present hold those islands, since the cost of sugar to the consumer in those nations, consists not merely in the price he pays for it by the pound, but in the accumulated charge of all the taxes he pays in every war, to fit out fleets and maintain troops for the defence of the islands that raise the sugar, and the ships that bring it home. But the expense of treasure is not all. A celebrated philosophical writer remarks, that when he considered the wars made in Africa, for prisoners to raise sugars in America, the numbers slain in those wars, the numbers that, being crowded in ships, perish in the transportation, and the numbers that die under the severities of slavery, he could scarce look on a morsel of sugar without conceiving it spotted with human blood. If he had considered also the blood of one another, which the white nations shed in fighting for those islands, he would have imagined his sugar not as spotted only, but as thoroughly dyed red. On these accounts I am persuaded, that the subjects of the Emperor of Germany, and the Empress of Russia, who have no sugar islands, consume sugar cheaper at Vienna, and Moscow, with all the charge of transporting it after its arrival in Europe, than the citizens of London or of Paris. And I sincerely believe, that if France and England were to decide, by throwing dice, which should have the whole of their sugar islands, the loser in the throw would be the gainer. The future expense of defending them would be saved; the sugars would be bought cheaper by all Europe, if the inhabitants might make it without interruption, and whoever imported the sugar, the same revenue might be raised by duties at the custom houses of the nation that consumed it. And, on the whole, I conceive it would be better for the nations now possessing sugar colonies to give up their claim to them, let them govern themselves, and put them under the protection of all the powers of Europe as neutral countries, open to the commerce of all, the profits of the present monopolies being by no means equivalent to the expense of maintaining them.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, January 18th, 1783.

Sir,

It is essential that I should have the honor of conferring with you, Mr Adams, and your other colleagues, who are in Paris. I therefore pray you to invite these gentlemen to come out to Versailles with you on Monday, before ten o'clock in the morning. It will be well, also, if you will bring your grandson. It will be necessary for much writing and translating from English into French to be done. The object for which I ask this interview is very interesting to the United States.

I have the honor to be, Sir,

DE VERGENNES.

TO COUNT DE VERGENNES.

Passy, January 18th, 1783.

Sir,

Agreeably to the notice just received from your Excellency, I shall acquaint Mr Adams with your desire to see us on Monday before ten o'clock, at Versailles; and we shall endeavor to be punctual. My other colleagues are absent; Mr Laurens being gone to Bath, in England, to recover his health, and Mr Jay into Normandy. I shall bring my grandson, as you direct.

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

B. FRANKLIN.

BENJAMIN VAUGHAN TO B. FRANKLIN.

Paris, January 18th, 1783.

My Dearest Sir,

I cannot but in the most earnest manner, and from recent circumstances, press your going early to Versailles tomorrow; and I have considerable reason to think, that your appearance there will not displease the person whom you address. I am of opinion, that it is very likely that you will have the glory of having concluded the peace by this visit; at least I am sure, if the deliberations of tomorrow evening end unfavorably, that there is the strongest appearance of war; if they end favorably, perhaps little difficulty may attend the rest.

After all, the peace will have as much that is conceded in it, as England can in any shape be made just now to relish, owing to the stubborn demands, principally of Spain, who would not, I believe, upon any motive recede from her conquests. What I wrote about Gibraltar arrived after the subject, as I understand, was canvassed, and when it of course must have appeared impolitic eagerly and immediately to revive it.

You reproved me, or rather reproved a political scheme yesterday, of which I have heard more said favorably by your friends at Paris, than by any persons whatever in London. But do you, my dear Sir, make this peace, and trust our common sense respecting another war. England, said a man of sense to me the other day, will come out of the war like a convalescent out of disease, and must be re-established by some physic and much regimen. I cannot easily tell in what shape a bankruptcy would come upon England, and still less easily in what mode and degree it would affect us; but if your confederacy mean to bankrupt us now, I am sure we shall lose the great fear that would deter us from another war. Your allies, therefore, for policy and for humanity's sake, will, I hope, stop short of this extremity; especially as we should do some mischief to others, as well as to ourselves.

I am, my dearest Sir, your devoted, ever affectionate, and ever obliged,

B. VAUGHAN.

TO JOHN ADAMS.

Passy, January 19th, 1783.

Sir,

Late last night I received a note from Count de Vergennes, acquainting me that it is very essential he should have a conference with us, and requesting that I would inform my colleagues. He desires that we may be with him before ten on Monday morning. If it will suit you to call here, we may go together in my carriage. We should be on the road by eight o'clock.

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

B. FRANKLIN.

TO ROBERT R. LIVINGSTON.

Passy, January 21st, 1783.

Sir,

I have just received your letters of November 9th and December 3d. This is to inform you, and to request you to inform the Congress, that the preliminaries of peace between France, Spain, and England, were yesterday signed, and a cessation of arms agreed to by the Ministers of those powers, and by us in behalf of the United States, of which act, so far as relates to us, I enclose a copy. I have not yet obtained a copy of the preliminaries agreed to by the three Crowns, but hear, in general, that they are very advantageous to France and Spain. I shall be able, in a day or two, to write more fully and perfectly. Holland was not ready to sign preliminaries, but their principal points are settled. Mr Laurens is absent at Bath, and Mr Jay in Normandy, for their healths, but will both be here to assist in forming the Definitive Treaty. I congratulate you and our country on the happy prospects afforded us by the finishing so speedily this glorious Revolution, and am, with great esteem, Sir, &c.

B. FRANKLIN.

JOHN JAY TO B. FRANKLIN.

Paris, January 26th, 1783.

Sir,

It having been suspected, that I concurred in the appointment of your grandson to the place of Secretary to the American commission for peace at your instance, I think it right, thus unsolicited, to put it in your power to correct the mistake.

Your general character, the opinion I had long entertained of your services to our country, and the friendly attention and aid with which you had constantly favored me after my arrival in Spain, impressed me with a desire of manifesting both my esteem and attachment by stronger evidence than professions. That desire extended my regard for you to your grandson. He was then indeed a stranger to me, but the terms in which you expressed to Congress your opinion of his being qualified for another place of equal importance, were so full and satisfactory, as to leave me no room to doubt of his being qualified for the one above mentioned. I was, therefore, happy to assure you, in one of the first letters I afterwards wrote you from Spain, that in case a Secretary to our commission for peace should become necessary, and the appointment be left to us, I should take that opportunity of evincing my regard for you, by nominating him, or words to that effect. What I then wrote, was the spontaneous suggestion of my own mind, unsolicited, and I believe unexpected by you.

When I came here on the business of that commission, I brought with me the same intentions, and should always have considered myself engaged by honor, as well as inclination, to fulfil them, unless I had found myself mistaken in the opinion I had imbibed of that young gentleman's character and qualifications; but that not being the case, I found myself at liberty to indulge my wishes, and be as good as my word. For I expressly declare, that your grandson is, in my opinion, qualified for the place in question, and that, if he had not been, no consideration would have prevailed upon me to propose, or join in his appointment.

This explicit and unreserved statement of facts is due to you, to him, and to justice, and you have my consent to make any use of it that you may think proper.

I have the honor to be, Sir, with great respect,

JOHN JAY.

FROM M. ROSENCRONE, MINISTER OF FOREIGN AFFAIRS IN DENMARK, TO M. DE WALTERSTORFF.

Translation.

Copenhagen, February 22d, 1783.

Sir,

As I know you are on the point of making a tour to France, I cannot omit warmly recommending to you to endeavor, during your stay at Paris, to gain as much as possible, the confidence and esteem of Mr Franklin.

You will recollect, Sir, what I said to you in our conversations, of the high respect which all the King's Ministry have for that Minister. You have witnessed the satisfaction with which we have learned the glorious issue of this war for the United States of America, and how fully we are persuaded, that it will be for the general interest of the two States to form, as soon as possible, reciprocal connexions of friendship and commerce. Nothing, certainly, would be more agreeable to us, than to learn by your letters, that you find the same dispositions in Mr Franklin, and in that case it seems to me the shortest way of accelerating these new connexions would be to take the treaty between the Congress and the States-General for the basis, and that Mr Franklin should communicate to us his ideas on the changes or additions which he might think reciprocally useful in the treaty of commerce, which Congress might conclude with us.

We should eagerly and frankly reply to such overtures; and, as soon as the changes thus agreed on shall have met the approbation of Congress, one of the persons commissioned by that body, then in Europe, might, in order to gain time, come here with full powers to conclude, leaving on both sides the most particular stipulations for the negotiations of the Ministers which those States shall, in the sequel, send to reside with each other.

I shall finish, Sir, with hoping that you may happily terminate the visits you have proposed to make to the different parts of France; and it is with sentiments of the most distinguished respect, that

I have the honor to be, &c.

ROSENCRONE.

TO ROBERT R. LIVINGSTON.

Passy, March 7th, 1783.

Sir,

I but this moment hear of this opportunity, by which I can only send you a line to acquaint you, that I have concluded the treaty with Sweden, which was signed on Wednesday last. You will have a copy by the first good opportunity. It differs very little from the plan sent me; in nothing material.[13] The English Court is in confusion by another change of Ministry, Lord Shelburne and his friends having resigned; but it is not yet certainly known who will succeed, though Lord North and Mr Fox are talked of as two, they being reconciled!! I cannot add, but that I am, with great esteem, Sir, &c.

B. FRANKLIN.

P. S. The change in the Ministry is not supposed of any importance respecting our definitive treaty, which must conform to the preliminaries; but we shall see.

DAVID HARTLEY TO B. FRANKLIN.

London, March 12th, 1783.

My Dear Friend,

It is a long while since I have heard from you, or indeed since I wrote to you. I heartily congratulate you on those pacific events, which have already happened, and I wish to see all other final steps of conciliation succeed speedily. I send you copies of two papers, which I have already communicated to Mr Laurens; the one called Conciliatory Propositions, in March, 1783; the other A Sketch of a Provisional Treaty of Commerce for opening the Ports between Great Britain and the United States of America without Delay; to each of which is prefixed a short state of the argument on each head.

As for the news of this country, you have doubtless heard, that Lord Shelburne's administration has for some time been considered as at an end; although no other has been as yet substituted in the place of it. It was understood yesterday, and I believe with good foundation, that what is now called the Portland party have been applied to, and they are now considered as the party most likely to succeed. As far as my wishes go, such an event would be most satisfactory to me. I have known the Duke of Portland for many years, and by experience I know him to be a nobleman of the strictest honor, and of the soundest whig principles, sincere and explicit in every thought and transaction, manly in his judgment, and firm in his conduct. The kingdom of Ireland, of which he was lately Lord Lieutenant, bears unanimous testimony to this character of him. The Cavendish family, (a good whig name) Mr Fox, Lord Fitzwilliam, &c. &c. form the core of his system and connexions. I most earnestly wish to see a firm administration upon a whig foundation, which I should consider as a solid basis, on the part of this country, for a perpetual correspondence of amity and conciliation with America. I am very anxious to hear of your health. God bless you.

Ever your most affectionate,

D. HARTLEY.

Conciliatory Propositions, March, 1783.

Terms of peace having been agreed upon between Great Britain and France, on the 20th of January, 1783, there need not be any further delay in proceeding to conclude the proposed treaty between Great Britain and the United States of America, upon the basis of the provisional articles of the 30th of November, 1782.

It is to be observed, that none of the articles of the provisional treaty are to take effect, until the conclusion of the definitive treaty with America, at which time likewise all places in the American States, in possession of the British arms, are to be evacuated, and the British army withdrawn from the United States (by article 7.) If therefore it should be wished on the part of Great Britain to bring forward the fifth article respecting the loyalists, before the conclusion of the definitive treaty with America, the bayonet should be withdrawn from the American breast, by the voluntary removal of the British troops with all convenient despatch. This condition of the removal of the troops is likewise necessary, before any provisional terms of commerce with America can take place.

By the 6th article of the provisional treaty, all future confiscations in America are precluded, although the prosecutions at present subsisting are not to be stopped before the definitive treaty. But if the substantial pledge of returning amity on the part of Great Britain, viz. the removal of the troops should be voluntarily anticipated, it would be but reasonable that all prosecutions should be immediately abated on the part of America; and to facilitate the removal of the troops, the loyalists may be permitted to remain in safety and unmolested, (if they choose to remain) from the period of removing the troops, until twelve months after the definitive treaty.

There is another article of the provisional treaty, the delay of which is much to be lamented, viz. the mutual release of prisoners of war on both sides. As this is an article of reciprocity, both sides from principles of humanity are equally interested to bring it forward into effect speedily, that those unhappy captives may not alone suffer the miseries of war in the time of peace.

Upon these considerations, the following supplemental terms of a treaty between Great Britain and the United States are proposed.

1. That the British troops shall be withdrawn with all convenient speed.

2. That the commissioners on both sides do proceed to the conclusion of the definitive treaty.

3. That the commissioners do speedily negotiate a provisional convention of commerce (hereunto annexed) to take place immediately. The terms of this temporary convention, not to be pleaded on either side in the negotiation of final and perpetual treaty of commerce, between Great Britain and the United States.

4. That the commissioners do negotiate a perpetual treaty of commerce.

5. That all prosecutions of the loyalists in America be immediately abated, and that they be permitted to remain until twelve months after the definitive treaty, unmolested in their endeavors to obtain restitution of their estates.

6. That all prisoners on both sides be immediately released.

7. That intercourse of amity and commerce do immediately take place between Great Britain and the United States of America.

Sketch of a Provisional Treaty of Commerce.

As soon as preliminaries of peace are signed with any independent States, such as Spain, France, and Holland, the course of mutual commerce emerges upon the same terms and conditions as were existing antecedent to the war, the new duties imposed during the war excepted. The case between Great Britain and America is different, because America, from a dependent nation before the war, emerges an independent nation after the war. The basis, therefore, of a provisional treaty between Great Britain and the United States would be simply to arrange such points as would emerge after the war, impracticable and discordant to the newly established independence of the American States, and to leave all others, as much as possible, untouched. For instance, that all instrumental regulations, such as papers, bonds, certificates, oaths, and all other documents should be, between Great Britain and the United States, upon the same footing, and no other than as between Great Britain and any other independent nation, but that all duties, drawbacks, bounties, rights, privileges, and all pecuniary considerations, should emerge into action and effect as before. I say emerge as before, not stipulated for any fixed term, because I am speaking of a provisional treaty, not of a provisional bill of commerce, for a specified period. By this means, all difficulties, which otherwise would be accumulated, and obstruct a temporary and provisional act are avoided in limine. The ports will be immediately opened, upon specified and known conditions. If the legislature of either country thinks proper to introduce on its own part any new conditions or regulations, even previous to the intended treaty of commerce, that will not shut the ports again generally but only operate pro tanto according to the case; on which side soever any novel condition should arise, the other will likewise be at liberty to make any corresponding regulations as between independent nations. The great object is to open the ports between Great Britain and the United States, immediately on the signature of preliminaries of peace, as between France and Great Britain. By the proposition above stated, Great Britain and France, and Great Britain and the United States respectively, on the subject of intercourse of commerce, would emerge again after the war into situations relatively similar to their situation before the war.

The Crown of Great Britain is enabled by the Conciliatory Act of 1782 to repeal, annul, make void, or suspend, for any time or times, the operation and effect of any act of Parliament, or any clause, provision, matter, or thing therein contained, relating to the colonies or plantations now become the United States of America; and, therefore, the crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of commerce with America. The first foundation must be laid in the total repeal of the Prohibitory Act of December, 1775, not only as prohibiting commerce between Great Britain and the United States, but as the corner stone of the war; by giving up universally all American property at sea to military plunder, without any redress to be obtained by law in any British Court of Admiralty. After this, all obstructions from the act of navigation and other acts regulating the commerce of the States of America (formerly dependent upon Great Britain,) may be removed. Instructions may be sent to the Commissioners of the customs to dispense with bonds, certificates, &c. which by the old laws are required to be discharged or attested by supposed governors, naval or customhouse officers in America. The questions of drawbacks, bounties, &c. after opening the ports, may remain free points of discussion and regulation, as between States having no commercial treaty subsisting between them. As the Crown is competent to open an intercourse of commerce with America by treaty, this mode is preferable to any act of Parliament, which may be only a jealous and suspicious convention ex parte. This mode by treaty avoids the accumulated difficulties, which might otherwise obstruct the first opening of the ports by act of Parliament, and above all, it secures an alternate binding part of the bargain, which no act of Parliament can do.

Breviate of the treaty, viz. Provisional for intercourse and commerce between Great Britain and the United States of America.

1. That all ports shall be mutually open for intercourse and commerce.

2. And therefore the King of Great Britain agrees to the repeal of the prohibitory acts, viz. 16 Geo. 3, chap. 5, &c. The King of Great Britain likewise agrees by instructions, according to the laws of Great Britain, to his Commissioners of customs and other officers, to remove all obstructions to American ships either entering inwards or clearing outwards, which may arise from any acts of Parliament heretofore regulating the commerce of the American States, under the description of British colonies or plantations, so as to accommodate every circumstance to the reception of their ships, as the ships of independent States.

3. All duties, drawbacks, bounties, rights, privileges, and all other money considerations shall remain, respecting the United States of America, upon the same footing as they now remain respecting the province of Nova Scotia in America, or as if the aforesaid States had remained dependent upon Great Britain. All this subject to regulations or alterations by any future acts of the Parliament of Great Britain.

4. On the part of the States of America, it is agreed that all laws prohibiting the commerce of Great Britain shall be repealed.

5. Agreed upon the same part, that all ships, and merchandise of the British dominions shall be admitted upon the same terms as before the war, except any imposts laid during the war. All this subject to future regulations or alterations by the legislatures of the American States respectively.

6. The principles and spirit of this treaty to be supported on either side by any necessary supplemental arrangements. No tacit compliance on the part of America in any subordinate points to be argued at any time hereafter to the prejudice of their independence.

TO DAVID HARTLEY.

Passy, March 23d, 1783.

Dear Sir,

I received the letter you did me the honor of writing to me, requesting a recommendation to America, of Mr Joshua Grigby. I have accordingly written one, and having an opportunity the other day, I sent it under cover to Mr Benjamin Vaughan. The general proclamations you wished for suspending, or rather putting an end to hostilities, are now published; so that your "heart is at rest," and mine with it. You may depend on my joining my hearty endeavors with yours, in "cultivating conciliatory principles between our two countries;" and I may venture to assure you, that if your bill for a provisional establishment of the commerce had passed as at first proposed, a stipulation on our part in the definitive treaty, to allow reciprocal and equal advantages and privileges to your subjects, would have been readily agreed to.

With great and sincere esteem, I am ever, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, March 26th, 1783.

Sir,

I need hardly tell you, that the intelligence brought by the Washington diffused a general pleasure. We had long been in suspense with respect to the negotiations, and had received no other lights on that subject, than those the speech of his Britannic Majesty and Mr Townshend's letters threw upon it. These were by no means sufficient to dissipate all our apprehensions.

The terms you have obtained for us comprise most of the objects we wish for. I am sorry, however, that you found it necessary to act with reserve, and to conceal your measures from the Court of France. I am fearful that you will not be able to produce such facts, as will justify this conduct to the world, or free us from the charge of ingratitude to a friend, who has treated us not only justly but generously.

But this is a disagreeable subject, and I refer you for my sentiments, and those of Congress, to my letter, in answer to the joint letter from our Ministers. I am sorry that the commercial article is stricken out; it would have been very important to us to have got footing at least in the British West Indies, as a means of compelling France to pursue her true interest and ours, by opening her ports also to us.

We have just learned by a vessel from Cadiz, that the preliminary articles for a general peace were signed the 20th. The abstract of the treaty sent me by the Marquis de Lafayette, does the highest honor to the moderation and wisdom of France. Never has she terminated a war with more glory, and in gaining nothing but that trophy of victory, Tobago, she has established a character, which confirms her friends, disarms her enemies, and obtains a reputation that is of more value than any territorial acquisitions she could make.

We have been in great distress with respect to our army. Pains were taken to inflame their minds, and make them uneasy at the idea of a peace, which left them without support. Inflammatory papers were dispersed in camp, calling them together to determine upon some mad action. The general interposed, postponed the meeting to a future day, on which he met them, and made them an address, that will do him more honor than his victories. After which they passed several resolves, becoming a patriot army. Congress are seriously engaged in endeavoring to do them justice. I am in great hopes, that we shall shortly be brought back to such a situation, as to be enabled to enjoy the blessings you have laid the foundation of.

I received from Mr Franklin the papers relative to the Portuguese vessel, which I have caused to be laid before the Court of Appeals, where the cause is now depending. The cargo having been condemned, and the yacht acquitted at Boston, I doubt not but full justice will be done to the proprietors on the rehearing. You know so much of our constitution as to see, that it is impossible to interfere further in these matters, than by putting the evidence in a proper train to be examined. I have had the proceedings in the case of the brig Providentia transmitted to me from Boston, with a full state of the evidence, which I have examined. The cargo is condemned and the vessel acquitted, an allowance for freight having been made by the court. The evidence does not admit a doubt of the justice of this decree. Should the Court of Denmark not be satisfied with this account, I will cause a copy of the proceedings to be transmitted to you for their satisfaction. I hope this mark of attention to them will induce them to acknowledge the injustice they have done us, in the detention of our prizes. This object should not be lost sight of.

I thank you for your present of M. d'Auberteuil's Essay, and shall dispose of the copies he has sent in the way you recommend. I could hardly have believed it possible, that so many errors and falsehoods, that would shock the strongest faith on this side of the water, could be received as orthodox on the other.

I remit bills for the salaries of our Ministers. It is impossible, that I can adjust their accounts here; you must settle with them, and they repay you out of the drafts I have made in their favor when they have been overpaid. Congress have, in pursuance of your sentiment, in your letter of October, passed the enclosed resolution.[14] So that on the quarter's salary due in April, there will be a deduction of all you gained by the course of exchange; and the payments will be reduced to par, at which rate they will always be paid in future. This deduction amounts on your salary to eight thousand three hundred and thirtysix livres, as will appear from the account that will be stated by Mr Morris. I shall pay your bills into the hands of Mr Robert Morris, whom you have constituted your agent. The bills for the other gentlemen, who may not be with you, are committed to your care. As the bills are drawn in their favor, they can only be paid on their endorsement.

Congress will, I believe, agree very reluctantly to let you quit their service. The subject, together with Mr Adams's and Mr Laurens's resignation, is under the consideration of a committee. If they report before this vessel sails, you shall know their determination.

On the arrival of the Triumph from Cadiz, which brought orders for recalling the cruisers of his Britannic Majesty, Congress passed the enclosed resolution, which I transmitted with the intelligence we had received to Carleton and Digby. I sent my Secretary with my letters, and expect him back this evening. I am anxious to know how the first messenger of peace has been received by them, as well as to discover through him what steps they propose to take for the evacuation.

I ought to thank you for your journal before I conclude. The perusal of it afforded me great pleasure. I must pray you to continue it. I much wish to have every step, which led to so interesting an event as the treaty, which established our Independence. And though both Mr Jay and Mr Adams are minute in their journals, for which I am much obliged to them, yet new light may be thrown on the subject by you, who, having been longer acquainted with the Courts both of London and Versailles, have the means of more information relative to their principles and measures.

I have the honor to be, Sir, &c.

ROBERT R. LIVINGSTON.

FROM THE CITY OF HAMBURG TO CONGRESS.[15]

Translation.

March 29th, 1783.

Right Noble, High, Mighty, Most Honorable Lords,

Since, by the preliminary articles of peace, concluded lately between the high belligerent powers, the illustrious United States of North America have been acknowledged free, sovereign, and independent, and now since European powers are courting in rivalry the friendship of your High Mightinesses,

We, impressed with the most lively sensations on the illustrious event, the wonder of this, and the most remote future ages, and desirous fully to testify the part which we take therein, do hereby offer your High Mightinesses our service and attachment to the cause.

And in the most sincere disposition of heart, we take the honor to wish, so as from Omnipotent Providence we do pray, that the most illustrious republic of the United States of America may, during the remotest centuries, enjoy all imaginable advantages to be derived from that sovereignty, which they gained by prudence and courage.

That, by the wisdom and active patriotism of your illustrious Congress, it may forever flourish and increase, and that the High and Mighty Regents of those free United States may, with ease and in abundance, enjoy all manner of temporal happiness; and at the same time we most obsequiously recommend our city to a perpetual friendly intelligence, and her trade and navigation in matters reciprocally advantageous to your favor and countenance.

In order to show that such mutual commerce with the merchant houses of this place may undoubtedly be of common benefit, your High Mightinesses will be pleased to give us leave to mark out some advantages of this trading city.

Here reigns a free unrestrained republican commerce, charged with but few duties.

Hamburg's situation upon the river Elbe is, as if it were in the centre of the Baltic and the North Sea, and as canals are cut from the river through the city, goods may be brought in ships to the magazines in town, and from thence again to all parts of the world.

Hamburg carries on its trade with economy. It is the mart of goods of all countries, where they can be purchased not only of good quality, but sometimes cheaper than at first hand.

Here linen, woollen goods, calicoes, glass, copper and all other numerous produce of manufactured wares of the whole German Empire, are brought in by Portuguese, Spaniards, the English, Dutch, French, and other nations, and from hence further transported. In exchange whereof, considerable quantities of North American goods, much wanted in Germany, may be taken.

M. Penet, who in your country is honored with several offices, has sojourned here for some time, and with all who had the honor of his acquaintance, borne the character of an intelligent, skilful, and for reciprocally advantageous commerce, a well disposed and zealous man, will certainly have the complaisance to give your High Mightinesses further explanation of the advantages of this trading place, which we have but briefly touched upon.

We now intercessionally and most obsequiously request your High Mightinesses to favor and countenance the trade of our merchants, and to suffer them to enjoy all such rights and liberties as you allow to merchants of nations in amity; which in gratitude and with zeal we will in our place endeavor to retribute, not doubting that such mutual intercourse may be effected, since a good beginning thereof is already made on both sides, by the friendly reception of the vessels that have arrived in either country.

In further testimony of our most attentive obsequiousness and sincere attachment, we have deputed our citizen, John Abraham de Boor, who is charged with the concerns of a considerable merchant house, which, like several other merchant houses of good report and solidity in this city, is desirous of entering with merchants of your country into reciprocal commerce. He is to have the honor to present to your High Mightinesses this our most obsequious missive; wherefore we most earnestly recommend him to your favorable reception. He has it from us in express charge, most respectfully to give your High Mightinesses, if required, such upright and accurate accounts of our situation and constitutions, as may be depended upon, and at the same time in person to testify the assurance of the most perfect respect and attachment, with which attentively we remain, Right Noble, High, Mighty, and most honorable Lords, your most obsequious and devoted Burgomaster and Senate of the Imperial free City of Hamburg.

Given under our City Seal, the 29th of March, 1783.

London, March 31st, 1783.

My dear Friend,

I send you a paper entitled Supplemental Treaty, the substance of which I sent you some time ago, as I read it in part of a speech in the House of Commons. I have given a copy of it to Mr L., as the grounds upon which my friend, the Duke of Portland, would have wished that any administration, in which he might have taken a part, should have treated with the American Ministers. All negotiations for the formation of a Ministry in concert with the Duke of Portland are at an end.

The tenth article, which is supposed to be referred to the definitive treaty, is a renewal of the same proposition, which I moved in Parliament some years ago, viz. on the 9th of April, 1778. I see nothing inconsistent with that proposition, either in the declaration of independence or in the treaty with France. Let it therefore remain, and emerge after the war, as a point untouched by the war. I assure you my consent should not be wanting to extend this principle between all the nations upon earth. I know full well, that those nations to which you and I are bound by birth and consanguinity, would reap the earliest fruits from it. Owing no man hate, and envying no man's happiness, I should rejoice in the lot of my own country, and on her part say to America, Nos duo turba sumus. I send you, likewise, enclosed with this, some sentiments respecting the principles of some late negotiations, drawn up in the shape of Parliamentary motions by my brother, who joins with me in the sincerest good wishes to you for health and happiness, and for the peace of our respective countries, and of mankind.

Your ever affectionate,

D. HARTLEY.

Supplemental Treaty between Great Britain and the United States of North America.

1. That the British troops be withdrawn from the United States with all convenient speed.

2. That all further prosecutions of loyalists in America be immediately abated, and that they be permitted to remain until twelve months after the definitive treaty with America in safety and unmolested, in their endeavors to obtain restitution of their estates.

3. That all ports shall be mutually opened for intercourse and commerce, between Great Britain and the United States.

4. Agreed on the part of Great Britain, that all Prohibitory Acts shall be repealed, and that all obstructions to American ships, either entering inwards or clearing outwards, shall be removed, which may arise from any acts of Parliament, heretofore regulating the commerce of the American States, under the description of British Colonies and Plantations, so as to accommodate every circumstance to the reception of their ships, as the ships of independent States.

5. Agreed on the part of Great Britain, that all duties, rights, privileges, and all pecuniary considerations shall remain, respecting the United States of America, upon the same footing as they now remain respecting the Province of Nova Scotia, or as if the said States had remained dependent upon Great Britain. All this subject to regulations and alterations by any future acts of the Parliament of Great Britain.

6. On the part of the American States it is agreed, that all laws prohibiting commerce with Great Britain shall be repealed.

7. Agreed on the part of the American States, that all ships and merchandise of the British dominions shall be admitted upon the same terms as before the war. All this subject to future regulations or alterations by the Legislatures of the American States respectively.

8. That all prisoners on both sides be immediately released.

9. The spirit and principles of this treaty to be supported on either side by any necessary supplemental arrangements. No tacit compliance on the part of the American States in any subordinate points to be urged at any time hereafter in derogation of their independence.

Separate Article to be referred to the Definitive Treaty.

10. Neither shall the independence of the United States be construed any further than as independence, absolute and unlimited in matters of government, as well as commerce. Not into alienation, and therefore the subjects of his Britannic Majesty and the citizens of the United States shall mutually be considered as natural born subjects, and enjoy all rights and privileges as such in the respective dominions and territories, in the manner heretofore accustomed.

Paper mentioned in the Close of Mr Hartley's Letter.

1. That it is the opinion of this House, that whenever Great Britain thought proper to acknowledge the independence of America, the mode of putting it into effect most honorably for this country, would have been, to have made the declaration of independence previous to the commencement of any treaty with any other power.

2. That a deviation from that line of conduct, has the effect of appearing to grant the independence of America solely to the demands of the House of Bourbon, and not, as was the real state of the case, from a change in the sentiments of this country, as to the object and continuance of the American war.

3. That when this House, by its vote against the further prosecution of offensive war in America, had given up the point of contest, and adopted a conciliatory disposition, the pursuing those principles by an immediate and liberal negotiation upon the basis of independence, at the same time expressing a readiness to conclude a general peace with the allies of America upon honorable terms, would have been the most likely way to promote a mutual and beneficial intercourse between the two countries; to establish peace upon a firm foundation; and would have prevented the House of Bourbon from having a right to claim any further obligations from America, as the assertors of their independence.

4. That the Minister, who advised the late negotiations for peace, has neglected to make use of those advantages, which the determination of the House put him in possession of; that, by his delay in authorising persons properly to negotiate with the American Commissioners, he has shown a reluctance to acting upon the liberal principles of granting independence to America, as the determination of Great Britain upon mature consideration of the question; and has by such methods given advantage to the enemies of this country to promote and confirm that commerce and connexion between the United States of America and themselves, which during the contest have been turned from their natural channel with this country, and which this peace so concluded has not yet contributed to restore.

M. SALVA TO B. FRANKLIN.

Translation.

Algiers, April 1st, 1783.

Sir,

The imminent danger to which the vessels of your nation were exposed, which sailed in March last from Marseilles, and which owed their safety to the god of the seas alone, emboldens me to call your attention to this point.

Some secret enemies, (whom I know) having giving information to this regency of their departure, nine armed ships immediately sailed to wait for them at Cape Palos. It is to be presumed that the Americans had passed the Straits.

Algiers has many ships, and the politics of certain European powers do not restrain them from paying tribute to enjoy peace; they make use of these human harpies as a terror to the belligerent nations, whose commerce they chain to the car of Algerine piracy. We saw an example of this, when his Imperial Majesty, to protect his flag, made use of the Firman of the Sublime Porte. It was attacked, and five prizes were brought into this port in 1781, four of which with ballast were restored in February, 1782, at the claim of a Capapigi Bashaw of the Porte, and of M. Timone, the Imperial Agent, who was expelled, and whose correspondent I am, having been his Secretary on this occasion, and having revealed to his Highness, Prince Kaunitz Rietberg, Minister at the Court of Vienna, horrors and crimes which would have remained unpunished but for my pen.

Humanity alone, Sir, has engaged me to give you this advice. I request you will be pleased to keep it secret; your prudence will effect what may be necessary on this occasion.

I have the honor to offer you every information respecting this port, and flatter myself that I shall succeed therein. I think to depart from this in May or June next for Marseilles, and to leave these barbarian pirates.

I have the honor to be, &c.

SALVA.

TO THE GRAND MASTER OF MALTA.

Passy, April 6th, 1783.

My Lord,

I have the honor to address to your Eminent Highness the medal, which I have lately had struck. It is a homage of gratitude, my Lord, which is due to the interest you have taken in our cause, and we no less owe it to your virtues, and to your Eminent Highness's wise administration of government.

Permit me, my Lord, to demand your protection for such of our citizens as circumstances may lead to your ports. I hope that your Eminent Highness will be pleased to grant it to them, and kindly receive the assurances of the profound respect with which I am, my Lord, &c.

B. FRANKLIN.

TO M. ROSENCRONE.

Passy, April 13th, 1783.

Sir,

Monsieur de Walterstorff has communicated to me a letter from your Excellency, which affords me great pleasure, as it expresses in clear and strong terms the good disposition of your Court[16] to form connexions of friendship and commerce with the United States of America. I am confident that the same good disposition will be found in the Congress; and having acquainted that respectable body with the purport of your letter, I expect a commission will soon be sent, appointing some person in Europe to enter into a treaty with his Majesty the King of Denmark for the purpose desired.

In the meantime, to prepare and forward the business as much as may be, I send, for your Excellency's consideration, such a sketch as you mention, formed on the basis of our treaty with Holland, on which I shall be glad to receive your Excellency's sentiments. And I hope that this transaction when completed, may be the means of producing and securing a long and happy friendship between our two nations.

To smooth the way for obtaining this desirable end, as well as to comply with my duty, it becomes necessary for me on this occasion to mention to your Excellency the affair of our three prizes, which, having during the war entered Bergen as a neutral and friendly port, where they might repair the damages they had suffered, and procure provisions, were, by an order of your predecessor in the office you so honorably fill, violently seized and delivered to our enemies. I am inclined to think it was a hasty act, procured by the importunities and misrepresentations of the British Minister, and that your government could not, on reflection, approve of it. But the injury was done, and I flatter myself your Excellency will think with me, that it ought to be repaired. The means and manner I beg leave to recommend to your consideration, and am, with great respect, Sir, &c.

B. FRANKLIN.

TO ROBERT R. LIVINGSTON.

Passy, April 16th, 1783.

Sir,

You complain sometimes of not hearing from us. It is now near three months since any of us have heard from America. I think our last letters came with General de Rochambeau. There is now a project under consideration for establishing monthly packet boats between France and New York, which I hope will be carried into execution; our correspondence then may be more regular and frequent.

I send herewith another copy of the treaty concluded with Sweden. I hope, however, that you will have received the former, and that the ratification is forwarded. The King, as the Ambassador informs me, is now employed in examining the duties payable in his ports, with a view of lowering them in favor of America, and thereby encouraging and facilitating our mutual commerce.

M. de Walterstorff, Chamberlain of the King of Denmark, formerly Chief Justice of the Danish West India Islands, was last year at Paris, where I had some acquaintance with him, and he is now returned hither. The newspapers have mentioned him as intended to be sent Minister from his Court to Congress, but he tells me no such appointment has yet been made. He assures me, however, that the King has a strong desire to have a treaty of friendship and commerce with the United States, and he has communicated to me a letter, which he received from M. Rosencrone, the Minister for Foreign Affairs, expressing that disposition. I enclose a copy of the letter, and if Congress shall approve of entering into such a treaty with the King of Denmark, of which I told M. de Walterstorff I made no doubt, they will send to me, or whom else they shall think proper, the necessary instructions and powers for that purpose. In the meantime, to keep the business in train, I have sent to that Minister for his consideration, a translation of the plan, mutatis mutandis, which I received from Congress for a treaty with Sweden, accompanied by a letter, of which likewise I enclose a copy. I think it would be well to make it one of the instructions to whoever is commissioned for the treaty, that he previously procure satisfaction for the prizes mentioned in my letter.

The definitive treaties have met with great delays, partly by the tardiness of the Dutch, but principally from the distractions in the Court of England, where for six or seven weeks there was properly no Ministry, nor any business effected. They have at last settled a Ministry, but of such a composition as does not promise to be lasting. The papers will inform you who they are. It is now said, that Mr Oswald, who signed the preliminaries, is not to return here, but that Mr David Hartley comes in his stead to settle the definitive. A Congress is also talked of, and that some use is to be made therein of the mediation formerly proposed of the Imperial Courts. Mr Hartley is an old friend of mine, and a strong lover of peace, so that I hope we shall not have much difficult discussion with him; but I could have been content to have finished with Mr Oswald, whom we always found very reasonable.

Mr Laurens, having left Bath, mended in his health, is daily expected at Paris, where Messieurs Jay and Adams still continue. Mr Jefferson has not yet arrived, nor the Romulus, in which ship I am told he was to have taken his passage. I have been the more impatient of this delay, from the expectation given me of full letters by him. It is extraordinary, that we should be so long without any arrivals from America in any part of Europe. We have as yet heard nothing of the reception of the preliminary articles in America, though it is now nearly five months since they were signed. Barney, indeed, did not get away from hence before the middle of January, but copies went by other ships long before him; he waited some time for the money he carried, and afterwards was detained by violent contrary winds. He had a passport from England, and I hope arrived safe; though we have been in some pain for him, on account of a storm soon after he sailed.

The English merchants have shown great eagerness to reassume their commerce with America, but apprehending that our laws prohibiting that commerce, would not be repealed till England had set the example by repealing theirs, a number of vessels they had loaded with goods, have been detained in port, while the Parliament have been debating on the repealing bill, which has been altered two or three times, and is not agreed upon yet. It was at first proposed to give us equal privileges in trade with their own subjects, repealing thereby with respect to us, so much of their navigation act, as regards foreign nations. But that plan seems to be laid aside, and what will finally be done in the affair is uncertain. There is not a port in France, and few in Europe, from which I have not received several applications of persons desiring to be appointed consuls for America. They generally offer to execute the office for the honor of it, without salary. I suppose the Congress will wait to see what course commerce will take, and in what places it will fix itself, in order to find where consuls will be necessary, before any appointments are made, and perhaps it will then be thought best to send some of our own people. If they are not allowed to trade, there must be a great expense for salaries. If they may trade, and are Americans, the fortunes they make will mostly settle in our own country at last. The agreement I was to make here respecting consuls, has not yet been concluded. The article of trading is important. I think it would be well to reconsider it.

I have caused to be struck here the medal, which I formerly mentioned to you, the design of which you seemed to approve. I enclose one of them in silver, for the President of Congress, and one in copper for yourself; the impression on copper is thought to appear best, and you will soon receive a number for the members. I have presented one to the King, and another to the Queen, both in gold, and one in silver to each of the Ministers, as a monumental acknowledgment, which may go down to future ages, of the obligations we are under to this nation. It is mighty well received, and gives general pleasure. If the Congress approve of it, as I hope they will, I may add something on the die (for those to be struck hereafter) to show that it was done by their order, which I could not venture to do till I had authority for it.

A multitude of people are continually applying to me personally, and by letters, for information respecting the means of transporting themselves, families, and fortunes to America. I give no encouragement to any of the King's subjects, as I think it would not be right in me to do it, without their sovereign's approbation; and, indeed, few offer from France but persons of irregular conduct and desperate circumstances, whom we had better be without; but I think there will be great emigrations from England, Ireland, and Germany. There is a great contest among the ports, which of them shall be of those to be declared free for the American trade. Many applications are made to me to interest myself in the behalf of all of them, but having no instructions on that head, and thinking it a matter more properly belonging to the consul, I have done nothing in it.

I have continued to send you the English papers. You will often see falsehoods in them respecting what I say and do, &c. You know those papers too well to make any contradiction of such stuff necessary from me.

Mr Barclay is often ill, and I am afraid the settlement of our accounts will be, in his hands, a long operation. I shall be impatient at being detained here on that score, after the arrival of my successor. Would it not be well to join Mr Ridley with Mr Barclay for that service? He resides in Paris, and seems active in business. I know not indeed whether he would undertake it, but wish he may.

The finances here are embarrassed, and a new loan is proposed by way of lottery, in which it is said by some calculators, the King will pay at the rate of seven per cent. I mention this to furnish you with a fresh convincing proof against cavillers of the King's generosity towards us, in lending us six millions this year at five per cent, and of his concern for our credit, in saving by that sum the honor of Mr Morris's bills, while those drawn by his own officers abroad have their payment suspended for a year after they become due. You have been told that France might help us more liberally if she would. This last transaction is a demonstration of the contrary.

Please to show these last paragraphs to Mr Morris, to whom I cannot now write, the notice of this ship being short, but it is less necessary, as Mr Grand writes him fully.

With great esteem, &c.

B. FRANKLIN.

P. S. Mr Laurens is just arrived.

CHARLES J. FOX TO B. FRANKLIN.

St James's, April 19th, 1783.

Sir,

Although it is unnecessary for me to introduce to your acquaintance a gentlemen so well known to you as Mr Hartley, who will have the honor of delivering to you this letter, yet it may be proper for me to inform you, that he has the full and entire confidence of his Majesty's Ministers upon the subject of his mission.

Permit me, Sir, to take this opportunity of assuring you how happy I should esteem myself, if it were to prove my lot to be the instrument of completing a real and substantial reconciliation between two countries, formed by nature to be in a state of friendship one with the other, and thereby to put the finishing hand to a building, in laying the first stone of which I may fairly boast that I had some share.

I have the honor to be, with every sentiment of regard and esteem, Sir, your most obedient humble servant,

C. J. FOX.

TO ROBERT R. LIVINGSTON.

Passy, April 27th, 1783.

Sir,

The Count del Veome, an Italian nobleman of great distinction, does me the honor to be the bearer of this. I have not the satisfaction to be personally acquainted with this gentleman, but am much solicited by some of my particular friends, to whom his merits and character are known, to afford him this introduction to you. He is, I understand, a great traveller, and his view in going to America is merely to see the country and its great men. I pray you will show him every civility, and afford him that counsel, which as a stranger he may stand in need of.

With great respect, I am, &c.

B. FRANKLIN.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, May 5th, 1783.

Sir,

I have received the two letters of yesterday and today, which you have done me the honor to write to me, and a copy of the three articles discussed between the Commissioners of the United States and Mr Hartley. You are aware that I shall want a sufficient time to examine them, before submitting to you the observations, which may relate to our reciprocal interests. Receive, in the meantime, my sincere thanks for this communication.

I hope to have the honor of seeing you tomorrow at Versailles. I trust you will be able to be present with the foreign Ministers. It is observed, that the Commissioners from the United States rarely show themselves here, and inferences are drawn from it, which I am sure their constituents would disavow, if they had a knowledge of them.

I have the honor to be, &c.

DE VERGENNES.

TO COUNT DE VERGENNES.

Passy, May 5th, 1783.

Sir,

It was my intention to pay my devoirs at Versailles tomorrow. I thank your Excellency, nevertheless, for your kind admonition. I omitted two of the last three days from a mistaken apprehension, that being holidays there would be no Court. Mr Laurens and Mr Jay are both invalids; and since my last severe fit of the gout, my legs have continued so weak, that I am hardly able to keep pace with the Ministers who walk fast, especially in going up and down stairs.

I beg you to be assured, that whatever deficiency there may be of strength, there is none of respect in, Sir, your Excellency's most obedient and most humble servant,

B. FRANKLIN.

TO DAVID HARTLEY.

Passy, May 8th, 1783.

Dear Friend,

I send you enclosed the copies you desired of the papers I read to you yesterday.[17] I should be happy if I could see, before I die, the proposed improvement of the law of nations established. The miseries of mankind would be diminished by it, and the happiness of millions secured and promoted. If the practice of privateering could be profitable to any civilized nation, it might be so to us Americans, since we are so situated on the globe, as that the rich commerce of Europe with the West Indies, consisting of manufactures, sugars, &c. is obliged to pass before our doors, which enables us to make short and cheap cruises, while our own commerce is in such bulky, low priced articles as that ten of our ships taken by you are not equal in value to one of yours, and you must come far from home at a great expense to look for them. I hope therefore that this proposition, if made by us, will appear in its true light, as having humanity only for its motive. I do not wish to see a new Barbary rising in America, and our long extended coast occupied by piratical States. I fear lest our privateering success in the two last wars, should already have given our people too strong a relish for that most mischievous kind of gaming, mixed blood; and if a stop is not now put to the practice, mankind may hereafter be more plagued with American corsairs, than they have been and are with the Turkish. Try, my friend, what you can do, in procuring for your nation the glory of being, though the greatest naval power, the first who voluntarily relinquished the advantage that power seems to give them, of plundering others, and thereby impeding the mutual communications among men of the gifts of God, and rendering miserable multitudes of merchants and their families, artizans, and cultivators of the earth, the most peaceable and innocent part of the human species.

With great esteem and affection, I am ever, my dear friend, yours most sincerely,

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 9th, 1783.

Dear Sir,

We have yet had no information from you subsequent to the signature of preliminary articles by France, Spain, and Great Britain; though we have seen a declaration for the cessation of hostilities signed by you, Mr Adams, and Mr Jay.

We grow every day more anxious for the definitive treaty, since we have as yet discovered no inclination in the enemy to evacuate their ports; and in sending off the slaves, they have directly infringed the provisional treaty, though we on our part have paid the strictest regard to it. This will be more fully explained by the enclosed copy of a letter from General Washington, containing a relation of what passed between him and General Carleton at a late interview. Let me again entreat, that no doubt may be left in the treaty relative to the time and manner of evacuating their ports here. Without more precision and accuracy in this than we find in the provisional articles, we shall soon be involved in new disputes with Great Britain.

Our finances are still greatly embarrassed. You may in part see our distress, and the means Congress are using to relieve themselves, by the enclosed pamphlet, which I wish you and your colleagues to read, but not to publish.

The enclosed resolution imposes a new task upon you. I hope you will find no great difficulty in procuring the small augmentation to the loan which it requires. Be assured that it is extremely necessary to set us down in peace.

None of the States, though frequently called upon, have sent me the estimates of their losses by the ravages of the British, except Connecticut and Rhode Island, and their accounts are extremely imperfect. Such as they are I enclose them. For my own part, I have no great expectation that any compensation for these losses will be procured; however, if possible it should be attempted. Commissioners might be appointed to ascertain them here.

Great part of the prisoners are on their way to New York, and the whole will be sent in a few days. They will amount to about six thousand men.

Our ports begin to be crowded with vessels. There is reason to fear that a superabundance of foreign articles will, in the end, produce as much distress as the want of them has heretofore occasioned.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 31st, 1783.

Sir,

I informed you sometime since, that I had written to the Court of Appeals on the subject of the Nossa Senhora da Soledado San Miguel e Almas, and laid before them the papers you sent me. The cause has since been determined in such a way as will, I hope, be satisfactory to her Portuguese Majesty. I enclose the copy of a letter from the first Judge of the Court of Appeals on that subject.

Nothing has yet been done as to the acceptance of your resignation, nor will, as I believe, anything be done very hastily. Many think your task will not be very burdensome now, and that you may enjoy in peace the fruit of your past labors.

As this will probably be the last letter, which I shall have the pleasure of writing to you in my public character, I beg leave to remind you of the affairs of the Alliance and the Bon Homme Richard, which are still unsettled. I must also pray you not to lose sight of the vessels detained by his Danish Majesty. This will be a favorable opportunity to press for their restitution. I do not see how they can decently refuse to pay for them. Great Britain is bound in honor to make them whole again.

Preparations for the evacuation of New York still go on very slowly, while the distress of our finances has compelled us to grant furloughs to the greater part of our army.

If it were possible to procure any addition to the last six millions, it would be extremely useful to us at present.

An entire new arrangement with respect to our foreign department is under consideration. What its fate will be, I know not.

I am, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Passy, June 12th, 1783.

Sir,

I wrote to you fully by a vessel from Nantes, which I hope will reach you before this. If not, this may inform you that the ratification of the treaty with Sweden is come, and ready to be exchanged when I shall receive that from Congress; that the treaty with Denmark is going on, and will probably, be ready before the commission for signing it arrives from Congress. It is on the plan of that proposed by Congress for Sweden.

Portugal has likewise proposed to treat with us, and the Ambassador has earnestly urged me to give him a plan for the consideration of his Court, which I have accordingly done, and he has forwarded it. The Congress will send commissions and instructions for concluding these treaties to whom they may think proper; it is only upon the old authority, given, by a resolution, to myself with Messrs Deane and Lee, to treat with any European powers, that I have ventured to begin these treaties in consequence of overtures from those Crowns.

The definitive treaty with England is not yet concluded, their Ministry being unsettled in their minds as to the terms of the commercial part; nor is any other definitive treaty yet completed here, nor even the preliminaries signed of one between England and Holland. It is now five months since we have had a line from you, the last being dated the 13th of January; of course we know nothing of the reception of the preliminary articles, or the opinion of Congress respecting them. We hoped to receive before this time such instructions as might have been thought proper to be sent to us for rendering more perfect the definitive treaty. We know nothing of what has been approved or disapproved. We are totally in the dark, and therefore, less pressing to conclude, being still (as we have long been) in daily expectation of hearing from you. By chance only, we learn that Barney is arrived, by whom went the despatches of the Commissioners, and a considerable sum of money. No acknowledgment of the receipt of that money is yet come to hand, either to me or M. Gerard. I make no doubt that both you and Mr Morris have written, and cannot imagine what has become of your letters.

With great esteem, &c.

B. FRANKLIN.

P. S. I beg leave to recommend to your civilities the bearer of this, Dr Bancroft, whom you will find a very intelligent, sensible man, well acquainted with the state of affairs here, and who has heretofore been employed in the service of Congress. I have long known him, and esteem him highly.

B. F.

THE AMBASSADOR FROM SWEDEN TO B. FRANKLIN.

Translation.

Paris, June 13th, 1783.

Sir,

I have just received his Majesty's ratification of the treaty of commerce concluded with the United States, which I will have the honor to send you as soon as it can be exchanged for the one from Congress.

Permit me, Sir, on this occasion to repeat the request which the Ambassador has made you respecting Mr Franklin, your grandson. He had the honor to tell you, that it would afford the King a pleasure to have a person residing with him, in the capacity of the Minister of Congress, who bears your name in conjunction with such estimable qualifications as young Mr Franklin possesses. He charged me before he departed, to repeat to you the same assurances, and you will allow me to add, on my part, my best wishes for the success of this matter.

I have the honor to be, &c.

LE BARON DE STAEL.

FROM THE GRAND MASTER OF MALTA TO B. FRANKLIN.

Translation.

Malta, June 21st, 1783.

Sir,

I received with the most lively sensibility the medal, which your Excellency sent me, and the value I set upon this acquisition leaves my gratitude unbounded. This monument of American liberty has a distinguished place in my cabinet.

Whenever chance or commerce shall lead any of your fellow citizens or their vessels into the ports of my Island, I shall receive them with the greatest welcome. They shall experience from me every assistance they may claim, and I shall observe with infinite pleasure any growing connexion between that interesting nation and my subjects, especially if it will tend to convince your Excellency of the distinguished sentiments with which I am, Sir, &c.

The Grand Master,

ROHAN.

TO HENRY LAURENS.

Passy, July 6th, 1783.

Dear Sir,

We have been honored with several of your letters, and we have talked of writing to you, but it has been delayed. I will therefore write a few lines in my private capacity.

Our negotiations go on slowly, every proposition being sent to England, and answers not returning very speedily.

Captain Barney arrived here last Wednesday, and brought despatches for us as late as the first of June. The preliminary articles are ratified. But General Carleton, in violation of those articles, has sent away a great number of negroes, alleging, that freedom having been promised them by a proclamation, the honor of the nation was concerned, &c. Probably another reason may be, that if they had been restored to their masters, Britain could not have hoped anything from such another proclamation hereafter.

Mr Hartley called yesterday to tell us, that he had received a letter from Mr Fox, assuring him that our suspicions of affected delays or change of system on their side were groundless; and that they were sincerely desirous to finish as soon as possible. If this be so, and your health will permit the journey, I could wish your return as soon as possible. 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.

Nothing could be more seasonable than success in the project you proposed, but we have now very little expectation.

Please to give my love to your valuable and amiable son and daughter, and believe me, with sincere esteem, &c.

B. FRANKLIN.

FROM M. ROSENCRONE, MINISTER OF DENMARK, TO B. FRANKLIN.

Translation.

Copenhagen, July 8th, 1783.

Sir,

It was with the greatest alacrity, that I laid before his Majesty the letter you did me the honor to write to me, as also the project of a treaty of amity and commerce that accompanied it. The King observed, with the greatest satisfaction, the assurances contained in that letter, of the good disposition of Congress to form connexions of amity and commerce with his kingdoms, such connexions being equally conformable to the interests of the two States, and to his Majesty's sincere desire to cement, by every possible means, that harmony, union, and confidence, which he wishes to establish forever between his Crown and the United States.

The enclosed Counter Project differs in nothing essential from the project sent by you, being drawn up entirely conformable to the same principles, which you will be certainly convinced of, Sir, by the note explaining the reasons for adding some articles, and only giving a different turn to others, so that I flatter myself, that I shall soon hear that you are perfectly satisfied with them, having observed the most perfect reciprocity carefully established throughout.

As to the object mentioned in the letter with which you have honored me, you already know, Sir, his Majesty's generous intentions towards the individuals in question, and his Majesty is the more induced to avail himself of the first opportunity to manifest these intentions, as he thinks he may reasonably hope that Congress will also consider them as a distinguished proof of his friendship and esteem for that respectable body.

There remains nothing further for me to add, but that the King will adopt with great pleasure the most proper means to accelerate the conclusion of the treaty, which we have begun. For myself, it will be the most agreeable part of my office, Sir, to assist in perfecting such happy connexions with a minister of such universal reputation as yourself; and it is with sentiments of the most distinguished regard, that I have the honor to be &c.

ROSENCRONE.

Counter Project of a Treaty with Denmark.

Translation.

Counter Project of a Treaty of Amity and Commerce between his Majesty, the King of Denmark and Norway, and the United States of America.

His Majesty, the King of Denmark and Norway, and the United States of America, wishing to fix in an equitable and permanent manner the regulations necessary in the commerce, which they are desirous to establish between their respective countries, conceive that they cannot accomplish this object better, than by taking as the basis for their conventions, the most perfect equality and reciprocity, leaving to each party the liberty of making such interior regulations, with respect to commerce and navigation, as shall appear suitable, and founding the advantages of commerce on reciprocal utility, and the just laws of free competition. It is in consequence of these principles, and of mature deliberation, that the contracting parties have agreed upon the following articles.

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a true and sincere friendship, between his Majesty, the King of Denmark and Norway, his heirs and successors, on the one part, and the United States of America on the other, and between the citizens and subjects of the said powers, and likewise between the countries, islands, cities, and places situated within their respective jurisdictions, and the people and inhabitants thereof, of whatever rank or condition they may be, without exception of persons or places.

ARTICLE II.

The subjects of his Majesty, the King of Denmark and Norway, may frequent the countries and latitudes of the United States, reside and traffic there in all kinds of merchandise and effects, the importation or exportation whereof is not, or shall not be prohibited, and in all places where the navigation or commerce are not, or shall not be reserved solely for the citizens and inhabitants of the United States; and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places of the United States, other or greater duties or imposts of any kind or denomination whatever, than such as the most favored nations pay, or shall pay. They shall, moreover, enjoy all the rights, liberties, privileges, and exemptions, with respect to trade, navigation, and commerce, which the most favored nations do or shall enjoy, and they shall also conform to the laws and ordinances, which the said nations are, or shall be bound to observe, whether in passing from one port to another of the dominions of the said States, or in returning from any part, or to any part of the world whatever.

ARTICLE III.

In like manner, the citizens and inhabitants of the United States of America may frequent the States of his Majesty, the King of Denmark and Norway, reside and traffic there in all kinds of merchandise and effects, the importation or exportation whereof is not, or shall not be prohibited, and in all places where the navigation and commerce are not, or shall not be reserved solely to his Danish Majesty's subjects, and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places belonging to his said Majesty, other or greater duties and imposts of any kind or denomination whatever, than such as the most favored nations do, or shall pay. They shall, moreover, enjoy all the rights, liberties, privileges, and exemptions, which the most favored nations do, or shall enjoy, and they shall also conform to the laws and ordinances which the said nations are, or shall be bound to observe, whether in passing from one port to another of his Danish Majesty's dominions, or in going to, or returning from any part of the world whatever. And the United States of America, with their subjects and inhabitants, shall allow his Danish Majesty's subjects peaceably to enjoy their rights in the countries, islands, establishments, and seas, in the East and West Indies, without molestation or opposition.

ARTICLE IV.

His Majesty, the King of Denmark and Norway, shall use every means in his power to protect and defend all the vessels and effects belonging to the citizens or inhabitants of the said United States of America, as shall be in his ports, harbors, or roads, or in the vicinity of his territories, countries, islands, cities, and places, as far as his jurisdiction extends, as to the sea, and shall use his efforts to recover and cause to be restored to the lawful proprietors, the vessels and effects which shall be taken from them within the extent of his said jurisdiction, and his ships of war, or any other convoys whatever, sailing under his authority, shall, on all occasions where there may be a common enemy, take under their protection all the vessels belonging to the citizens or inhabitants of the United States, or any of them which may be holding the same course, or going the same route, and they shall defend the said ships as long as they shall hold the same course, or follow the same route, against every attack, force, or violence of the common enemy, in the same manner as they are bound to defend and protect the vessels belonging to his said Majesty's subjects.

ARTICLE V.

In like manner, the said United States and their ships of war, sailing under their authority, shall protect and defend, in conformity with the preceding article, all the vessels and effects belonging to the subjects of his Danish Majesty, and shall use all their efforts to recover and cause to be restored the said vessels and effects, which shall have been taken within the extent of the jurisdiction of the said States, and each of them.

ARTICLE VI.

It is agreed and determined that every merchant, captains of merchant vessels, or others, his Danish Majesty's subjects, shall have entire liberty in all places within the dominions and jurisdiction of the United States of America, to manage themselves, their own affairs, and to employ whomsoever they please to manage them, and they shall not be obliged to make use of any interpreter or broker, nor to pay them any fee, unless they make use of them; and with respect to the time and manner of loading or unloading their ships and whatever belongs to them, they shall always be considered and treated as the most favored nations, and shall pay no fee or salary, which the said nations are not bound to pay in similar cases. The citizens, inhabitants, and subjects of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all the places belonging to his Majesty, the King of Denmark and Norway.

ARTICLE VII.

Whenever one of the contracting parties shall be at war with other powers, the communication and free commerce of the subjects of the other party with the States of the said powers, shall not on that account be interrupted. On the contrary, in this case it is agreed and stipulated, that every ship and vessel of the neutral party may freely navigate from port to port, and on the coasts of the States at enmity with the other party, and that the vessels and ships being free, shall likewise secure the liberty of merchandise; so that everything shall be judged free which shall be found on board of the vessels belonging to the subjects of one of the contracting parties, although the loading, or part of it, should belong to the enemies of one of them; it being, nevertheless, well understood, that contraband goods shall be always excepted; and it is also agreed, that this same liberty shall extend to the persons of such as shall be found on board of the free vessel, even though they should be enemies of one of the two contracting parties, and they shall not be taken from on board the said vessels, unless they are military characters, and actually in the service of the enemy.

ARTICLE VIII.

The merchant vessels of one of the two contracting parties, coming either from a port belonging to the enemy, or from their own, or a neutral port, and navigating towards a port of an enemy of the other, shall be bound every time they shall be required, to exhibit, as well on the high seas as in port, their passports, or sea letters, and other public documents, which shall expressly prove that their loading is not of that kind, which is prohibited as contraband; it being well understood, nevertheless, that in all cases, where such merchant vessels shall be escorted by one or more vessels of war, the simple declaration of the officer commanding the convoy, that these vessels do not carry any contraband goods, shall be considered as fully sufficient, and they shall not require to examine the papers of the escorted vessels.

ARTICLE IX.

It shall no sooner be found by the sea letters, passports, or other public documents, or by the verbal declaration of the commanding officer of the convoy, that the merchant vessels are not laden with contraband goods, than they shall be at liberty to continue their voyage without any hinderance; but if, on the contrary, the exhibition of the said passports or other documents, in case the vessels are not escorted, tends to discover that the said vessels carry merchandise reputed contraband, consigned to an enemy's port, it shall not, however, be permitted to break open the hatches of the said vessels, nor to open any chest, case, trunk, bale, package, or cask, which shall be found on board, or to displace or overturn the least part of the merchandise, whether the vessel belongs to his Danish Majesty's subjects, or to the citizens or inhabitants of the United States, until the cargo has been landed in presence of the officers of the Courts of Admiralty, and that the inventory has been made of it. And it shall not be permitted to sell, exchange, or alienate the merchandise reputed contraband, in any manner whatever, before trial has been held and legally finished, to declare them contraband, and that the Courts of Admiralty shall have pronounced them confiscated, without any prejudice, nevertheless, to the vessels or to the merchandise, which by virtue of the treaty shall be considered free. It shall not be permitted to retain these merchandises under pretence, that they have been intermixed with the contraband merchandise, and still less confiscate them as legal prizes. In case where a part only, and not the whole of the loading, shall consist of contraband merchandises, and that the commander of the vessel consents to deliver them up to the privateer, which shall have discovered them, then the captain, who shall have made the prize, after having received the merchandise, must immediately release the vessel, and shall not in any wise prevent the continuation of his voyage; but in case the contraband merchandise cannot all be taken on board the captor, then the captain of the said vessel shall be at liberty, notwithstanding the offer to deliver the contraband goods, to conduct the master to the nearest port, in conformity to what is prescribed above.

ARTICLE X.

In order to obviate entirely every disorder and violence, it is stipulated, that whenever the merchant vessels and ships of the subjects and inhabitants of one of the two parties, navigating alone, shall be met by any vessel of war, privateer, or armed vessel of the other party, the said vessels of war, privateers, or armed vessels, shall remain on their part constantly out of cannonshot, and shall not send above two or three men in their boats on board the merchant vessels or ships, to examine the passports or other documents, which shall prove the property and cargoes of the said vessels or ships. Such of the vessels of war, privateers, or armed vessels of the one party, as shall molest or damage in any manner whatever the ships or vessels of the other, shall be obliged to answer for it in their persons and property, and consequently, to render satisfaction for all damage and interest over and above the reparation due for the insult shown the flag.

ARTICLE XI.

It is agreed that everything that is found laden by the respective subjects or inhabitants on board of vessels belonging to the enemies of the other party, or to their subjects, shall be confiscated without distinction of prohibited merchandise, in like manner as though it belonged to the enemy, excepting always such effects and merchandise as shall have been put on board of said vessels, before the declaration of war, or even after said declaration, if, at the time of lading, it was unknown, so that the merchandises of the subjects of the two contracting parties, whether they are of the number termed contraband or otherwise, which, as has just been said, shall have been laden on board of a vessel belonging to the enemy before the war, or even after the declaration, when it was not known, shall in no wise be subject to confiscation, but shall be faithfully and bona fide returned without delay to their proprietors who shall claim them, it being well understood, nevertheless, that it shall not be permitted to carry into the enemy's ports merchandise of a contraband nature. And in order that every dissension may be avoided, it is agreed, that after the term of six months being elapsed from the declaration of war, the respective subjects, from whatever part of the world they may come, shall not allege the ignorance mentioned in the present article.

ARTICLE XII.

All vessels and merchandise of whatever nature soever, whenever they shall have been recovered from the hands of pirates on the high seas, shall be brought into some port of one of the two States, and shall be delivered to the care of the officers of the said port, in order to be restored entire to their true proprietor, as soon as he shall have duly and sufficiently proved his property.

ARTICLE XIII.

The ships of war belonging to the two parties, as also those of their subjects which are armed, shall conduct at full liberty wheresoever they please, the prizes they shall have made from their enemies, without being obliged to pay any other duties than such as the most favored nations; the said vessels or the said prizes, on entering into the ports of his Danish Majesty, or of the said United States, shall not be subject to be stopped or seized, nor shall the officers of the places have any power to take cognizance of the validity of the said prizes, which shall go out, and be freely conducted in full liberty, to the places mentioned in the commissions, which the captains of the said vessels shall be obliged to produce.

ARTICLE XIV.

In order to favor as much as possible the commerce on both sides, it is agreed, that if a war should happen between his Majesty, the King of Denmark and Norway, and the United States of America, (which God forbid) nine months after the declaration of war shall be granted to the subjects on both sides to collect, sell, and transport freely, the merchandise and effects belonging to them, and to withdraw themselves; and if anything is taken from them, or if any injury is done to them during the above prescribed time, by one of the two parties, full and entire satisfaction shall be given them in this respect.

ARTICLE XV.

No subject of his Majesty, the King of Denmark and Norway, shall take a commission or letter of marque (to arm any vessel or vessels, for the purpose of acting as a privateer against the said United States, or any of them, or against their subjects, people, or inhabitants, or against their property, or that of any among them) from any Prince whatever, with whom the said United States shall be at war. In like manner no citizen, subject, or inhabitant of the said United States, or of any of them, shall demand or accept of any commission or letter of marque (to arm any vessel or vessels, to cruise against the subjects of his said Majesty, or any of them, or their property) from any Prince or State whatever, with whom his Majesty shall be at war; and if any one of either nation should take such commissions or letter of marque, he shall be punished as a pirate.