Volume 4 — Introductory material

THE CORRESPONDENCE OF BENJAMIN FRANKLIN,

COMMISSIONER AND MINISTER PLENIPOTENTIARY TO THE COURT OF FRANCE, AND COMMISSIONER FOR NEGOTIATING A PEACE.

THE CORRESPONDENCE OF BENJAMIN FRANKLIN.

CORRESPONDENCE CONTINUED.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, August 23d, 1782.

Sir,

I have received the letter you did me the honor of writing to me on the 9th instant, as well as the memorial enclosed in it. I communicated the paper to the Marquis de Castries, and I make no doubt, but that the Minister will take into consideration its contents, as far as circumstances will permit. We are desirous to adopt every measure, that may tend to the prosperity of the commerce established between France and the United States, and we shall neglect nothing to accomplish this object to the universal satisfaction of the two countries. Congress will greatly facilitate our labor, if they will communicate their ideas and wishes on this subject; and I make the request with greater confidence, as I am convinced that that assembly desires as much as we do to establish, on an advantageous and solid basis, the commercial concerns between France and America.

I have the honor to be, &c.

DE VERGENNES.

THOMAS TOWNSHEND TO RICHARD OSWALD.

Whitehall, September 1st, 1782.

Sir,

I have received and laid before the King your letters of the 17th, 18th, and 21st ultimo; and I am commanded to signify to you his Majesty's approbation of your conduct in communicating to the American Commissioners the fourth article of your instructions; which could not but convince them, that the negotiation for peace, and the cession of independence to the Thirteen United Colonies, were intended to be carried on and concluded with the Commissioners in Europe.

Those gentlemen having expressed their satisfaction concerning that article, it is hoped they will not entertain a doubt of his Majesty's determination to exercise, in the fullest extent, the powers with which the act of Parliament has invested him, by granting to America, full, complete, and unconditional independence, in the most explicit manner, as an article of treaty.

T. TOWNSHEND.

TO ROBERT R. LIVINGSTON.

Passy, September 3d, 1782.

Sir,

I have just received yours, No. 13, dated the 23d of June. The accounts of the general sentiments of our people, respecting propositions from England, and the rejoicings on the birth of the Dauphin, give pleasure here; and it affords me much satisfaction to find the conduct of Congress approved by all who hear or speak of it, and to see all the marks of a constantly growing regard for us, and confidence in us, among those in whom such sentiments are most to be desired.

I hope the affair of Captain Asgill was settled as it ought to be, by the punishment of Lippincott. Applications have been made here to obtain letters in favor of the young gentleman. Enclosed I send you a copy of the answer I gave to that made to me.

I had before acquainted M. Tousard, that his pension would be paid in America, and there only, it being unreasonable to expect that Congress should open a Pay Office in every part of the world, where pensioners should choose to reside. I shall communicate to him that part of your letter.

You wish to know what allowance I make to my private Secretary. My grandson, William T. Franklin, came over with me, served me as a private Secretary during the time of the Commissioners; and no Secretary to the Commission arriving, though we had been made to expect one, he did business for us all, and this without any allowance for his services, though both Mr Lee and Mr Deane at times mentioned it to me as a thing proper to be done, and in justice due to him. When I became appointed sole Minister here, and the whole business, which the Commissioners had before divided with me, came into my hands, I was obliged to exact more service from him, and he was indeed, by being so long in the business, become capable of doing more. At length, in the beginning of the year 1781 when he became of age, considering his constant close attention to the duties required, and his having thereby missed the opportunity of studying the law, for which he had been intended, I determined to make him some compensation for the time past, and fix some compensation for the time to come, till the pleasure of Congress respecting him should be known. I accordingly settled an account with him, allowing him from the beginning of December 1776 to the end of 1777, the sum of 3,400 livres, and for the year 1778, the sum of 4,000 livres, for 1779, 4,800 livres, and for 1780, 6,000 livres. Since that time I have allowed him at the rate of three hundred louis per annum, being what I saw had been allowed by Congress to the Secretary of Mr William Lee, who could not have had, I imagine, a fourth part of the business to go through; since my Secretary, besides the writing and copying the papers relative to my common ministerial transactions, has had all those occasioned by my acting in the various employments of Judge of Admiralty, Consul, purchaser of goods for the public, &c. &c. besides that of accepting the Congress bills, a business that requires being always at home, bills coming by post, from different ports and countries, and often requiring immediate answers, whether good or not; and to that end, it being necessary to examine by the books, exactly kept of all preceding acceptances, in order to detect double presentations, which happen very frequently. The great number of these bills makes almost sufficient business for one person, and the confinement they occasion is such, that we cannot allow ourselves a day's excursion into the country, and the want of exercise has hurt our healths in several instances.

The Congress pay much larger salaries to some Secretaries, who, I believe, deserve them; but not more than my grandson does the comparatively small one I have allowed to him, his fidelity, exactitude, and address in transacting business, being really what one could wish in such an officer; and the genteel appearance a young gentleman in his station obliges him to make, requiring at least such an income. I do not mention the extraordinary business that has been imposed upon us in this embassy, as a foundation for demanding higher salaries than others. I never solicited for a public office, either for myself, or any relation, yet I never refused one, that I was capable of executing, when public service was in question, and I never bargained for salary, but contented myself with whatever my constituents were pleased to allow me. The Congress will therefore consider every article charged in my account, distinct from the salary originally voted, not as what I presume to insist upon, but as what I propose only for their consideration, and they will allow what they think proper.

You desire an accurate estimate of those contingent expenses. I enclose copies of two letters,[1] which passed between Mr Adams and me on the subject, and show the articles of which they consist. Their amount in different years may be found in my accounts, except the article of house rent, which has never yet been settled; M. de Chaumont, our landlord, having originally proposed to leave it till the end of the war, and then to accept for it a piece of American land from the Congress, such as they might judge equivalent. If the Congress did intend all contingent charges whatever to be included in the salary, and do not think proper to pay on the whole so much, in that case I would humbly suggest, that the saving may be most conveniently made by a diminution of the salary, leaving the contingencies to be charged; because they may necessarily be very different in different years, and at different courts.

I have been more diffuse on this subject, as your letter gave occasion for it, and it is probably the last time I shall mention it. Be pleased to present my dutiful respects to Congress, assure them of my best services, and believe me to be, with sincere esteem, &c.

B. FRANKLIN.

P. S. As you will probably lay this letter before Congress, I take the liberty of joining to it an extract of my letter to the President, of the 12th of March, 1781, and of repeating my request therein contained, relative to my grandson. I enclose, likewise, extracts of letters from Messrs Jay and Laurens, which both show the regard those gentlemen have for him, and their desire of his being noticed by the Congress.[2]

B. F.

TO JOHN JAY.

Passy, September 4th, 1782.

Dear Sir,

Mr Oswald's courier being returned, with directions to him to make the independence of America the first article in the treaty, I would wait on you if I could, to discourse on the subject; but as I cannot, I wish to see you here this evening, if not inconvenient to you.

With great esteem, I have the honor to be, dear Sir, your most obedient and most humble servant,

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, September 5th, 1782.

Sir,

Having written to you lately, I should not again trouble you so soon, were it not necessary to remind you, that your last letter is dated in March, since which there have been frequent arrivals from France; and since which too we have reason to believe, the most interesting events have taken place in Europe.

We learn from private letters and common fame, that Mr Adams was received by the United Provinces in his public character, on the 19th of April. We have yet no account of this interesting event, nor of the measures he has pursued to accomplish our other objects in Holland. Since then Mr Laurens, it is said, has been liberated, has travelled to Holland and to France, has entered upon the execution of his trust, but has left us to gather events so interesting to him and to us from private letters, and the public prints. Mr Jay tells us on the 24th of May, that he is about to set out for Paris, and that he presumes Dr Franklin has assigned the reasons for this step. Doctor Franklin has told us nothing.

As to Mr Dana, if it were not for the necessity of drawing bills in his favor, we should hardly be acquainted with his existence. It is commonly said, that republics are better informed than monarchs of the state of their foreign affairs, and that they insist upon a greater degree of vigilance and punctuality in their Ministers. We, on the contrary, seem to have adopted a new system. The ignorance, in which we are kept, of every interesting event, renders it impossible for the sovereign to instruct their servants, and of course forms them into an independent privy council for the direction of their affairs, without their advice or concurrence. I can hardly express to you what I feel on this occasion. I blush when I meet a member of Congress, who inquires into what is passing in Europe. When the General applies to me for advice on the same subject, which must regulate his movements, I am compelled to inform him, that we have no intelligence but what he has seen in the papers. The following is an extract of his last letter to me. "But how does it happen, that all our information of what is transacting in Europe should come to hand through indirect channels, or from the enemy; or does this question proceed from my unacquaintedness with facts?"

But let me dismiss a subject, which gives me so much pain, in the hope that we shall in future have no further cause of complaint.

Since the evacuation of Savannah, the enemy have by the general orders contained in the enclosed papers, announced the proposed evacuation of Charleston. We are in daily expectation of hearing, therefore, that tranquillity is restored to the Southern States. Several circumstances lead us to suppose, that they entertain thoughts of abandoning New York sometime this fall. You only can inform us, whether this step has been taken in consequence of any expectations they entertain of a general peace; or with a view to pursue the system, which the present administration appears to have adopted, when they so loudly reprobate the American war; and whether, by withdrawing their troops from hence they only mean to collect their force and direct it against our allies. This knowledge would render such an alteration in our system necessary, that it affords us new reasons for regretting our want of information on these important points.

The Marquis de Vaudreuil has unfortunately lost the Magnifique, sunk by running on a rock in the harbor of Boston, where he is now, with the remainder of his fleet, except three refitting at Portsmouth, consisting of twelve sail of the line. This has enabled Congress to show their attention to His Most Christian Majesty, and their wish to promote his interests as far as their circumstances will permit, by presenting him the America, of seventyfour guns. Enclosed are their resolves on that subject, and the answer given by the Minister of France. The ship is in such a state, that she may by diligence be refitted for sea in about two months; and from the accounts I hear of her, she will I believe prove a fine ship. The General is collecting the army. The last division of the French troops marched from here this morning. When collected, they will, I presume, repair to their old post, at the White Plains, and perhaps endeavor to accelerate the departure of the enemy.

I am sorry you did not pursue your first design, and enlarge in your letter upon the subjects, which you imagined would be discussed in the negotiations for peace. It might have changed our sentiments, and altered our views on some points. Two things are of great moment to us, one of which at least would meet with no difficulty, if France and England understand their true interests; I mean the West India trade, and the right to cut logwood and mahogany. Without a free admission of all kinds of provisions into the Islands, our agriculture will suffer extremely. This will be severely felt at first, and when it remedies itself, which it will do in time, it must be at the expense of the nations that share our commerce. It will lessen the consumption of foreign sugars, increase the supplies which the poorer people among us draw from the maple, &c. and by reducing the price of provision, and rendering the cultivation of lands less profitable, make proportionable increase of our own manufactures, and lessen our dependence on Europe. This will, I must confess, in some measure check our population, and so far I regard it as an evil. The merchants and farmers, if precluded at a peace from the advantages, which this commerce gave them while connected with England, ——.[3] Then a variety of arguments on this subject, arising as well from the general interests of France, as from her political connexion with us, might be urged to show the wisdom of adopting the same liberal sentiments on this point, which has of late distinguished her in so many others. But if she should not be able to overcome her ancient prejudices, I believe they will be found to have less influence on the British, whom you will press earnestly on this head. Besides the general interest of the kingdom, there is with them a powerful West India interest, to plead in behalf of a free importation of provisions into their Islands. If I mistake not, the present wishes of the nation, as well as the professions of administration, lead to every measure, which may wear away our present resentments, and strengthen the connexion between us and them.

The logwood trade we have some claim to, from our continued exercise of the right. Nor can England pretend to exclude us from it, without invalidating her own title, which stands upon the same ground. If Spain admits the right in England, she gains nothing by excluding us, since in proportion as she diminishes our commerce in that article, she increases that of Great Britain. Other manufacturing nations are interested in exciting a competition between us at their markets.

When you write to me, be pleased to be very particular in your relation of every step, which leads to a negotiation. Everything of this kind must be interesting.

I have the honor to be, Sir,

ROBERT R. LIVINGSTON.

RICHARD OSWALD TO B. FRANKLIN.

Paris, September 5th, 1782.

Sir,

In consequence of the notice I have just now had from Mr Jay of your desire of an extract from my last letter from the Secretary of State, regarding the proposed treaty on the subject of American affairs, and my authority in relation thereto, I take the liberty to send the same enclosed, which, together with the powers contained in the commission, which I had the honor of laying before you and Mr Jay, I am hopeful will satisfy you of the willingness and sincere desire of his Majesty to give you entire content on that important subject.

This extract I would have sent before now, if I had thought you wished to have it before I had the honor of waiting on you myself; which was only delayed until I should be informed by Mr Jay, that you were well enough to see me upon business.

I heartily wish you a recovery of your health, and am, with sincere esteem and regard, Sir, your most obedient humble servant,

RICHARD OSWALD.

TO RICHARD OSWALD.

Passy, September 8th, 1782.

Sir,

I have received the honor of yours, dated the 5th instant, enclosing an extract of a letter to your Excellency, from the right honorable Thomas Townshend, one of his Majesty's principal Secretaries of State, wherein your conduct in communicating to us the fourth article of your instructions appears to have been approved by his Majesty. I suppose, therefore, that there is no impropriety in my requesting a copy of that instruction; and if you see none, I wish to receive it from you, hoping it may be of use in removing some of the difficulties that obstruct our proceeding.[4]

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

B. FRANKLIN.

TO EARL GRANTHAM.

Passy, September 11th, 1782.

My Lord,

A long and severe indisposition has delayed my acknowledging the receipt of the letter your Lordship did me the honor of writing to me by Mr Fitzherbert.

You do me justice in believing, that I agree with you in earnestly wishing the establishment of an honorable and lasting peace; and I am happy to be assured by your Lordship, that it is the system of the Ministers with whom you are co-operating. I know it to be the sincere desire of the United States, and with such dispositions on both sides there is reason to hope, that the good work in its progress will meet with little difficulty. A small one has occurred in the commencement, with which Mr Oswald will acquaint you. I flatter myself that means will be found on your part for removing it; and my best endeavors in removing the subsequent ones (if any should arise) may be relied on.

I had the honor of being known to your Lordship's father. On several occasions he manifested a regard for me, and a confidence in me. I shall be happy if my conduct in the present important business may procure me the same rank in the esteem of his worthy successor.

I am, with sincere respect, my Lord, your Lordship's most obedient and most humble servant,

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, September 12th, 1782.

Sir,

I have nothing to add to mine of the 5th instant, but to congratulate you on the safe arrival of two vessels from Holland, having on board the goods left by Commodore Gillon, and to present you in the name of Mr Paine, with three copies of a late work of his addressed to the Abbé Raynal, in which he takes notice of some of the many errors with which his work abounds. The Abbé has a fine imagination, and he indulges it. The enclosed resolution contains an important fact, which I am using means to ascertain; but from the ill success I have hitherto met with in every similar attempt, I am fearful that it will be very long before I can effect it.

I have the honor to be, Sir, with great respect and esteem, your most obedient humble servant,

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, September 12th, 1782.

Sir,

Since writing the above, I have received the enclosed resolutions of Congress. I have already anticipated all that can be said upon the subject of the last; the melancholy tale of our necessities is sufficiently known to you, it has been too often repeated to need recitation.

Mr Morris, who writes from an empty Treasury amidst perpetual duns, will speak more feelingly. In short, money must be obtained for us at any rate, whether we have peace or war. France having already done much for us, and it not being probable that we shall extend our demands beyond the present, she may think it wise not to let us open accounts with a new banker, since the debtor is always more or less under obligations to the creditor.

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

ROBERT R. LIVINGSTON.

TO DAVID HARTLEY.

Passy, September 17th, 1782.

My dear Friend,

Since those acknowledged in my last, I have received your several favors of August the 16th, 20th, and 26th. I have been a long time afflicted with the gravel and gout, which have much indisposed me for writing. I am even now in pain, but will no longer delay some answer.

I did not perfectly comprehend the nature of your appointment respecting the refugees, and I supposed you would in a subsequent letter explain it. But, as I now find you have declined the service, such explanation is become unnecessary.

I did receive the paper you inquire about, entitled Preliminaries, and dated May, 1782, but it was from you, and I know nothing of their having been communicated to this Court. The third proposition, "that in case the negotiation between Great Britain and the allies of America should not succeed, but the war continue between them, America should act and be treated as a neutral nation," appeared at first sight inadmissible, being contrary to our treaty. The truce too seems not to have been desired by any of the parties.

With unalterable esteem and affection, I am, my dear Friend, ever yours, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, September 18th, 1782.

Sir,

Just after closing my despatches, I was favored with yours of the 25th of April, and the 25th and 29th of June. The ships that brought them were so unfortunate as to be chased into the Delaware by a superior force. The Eagle was driven ashore and sunk. The papers and money were however happily saved, and part of the crew. But Captain la Fouche, not having been since heard of, is supposed to be taken. The other frigate has arrived safe, with all the passengers of both ships.

As I am just about to leave town for a short time, I will not touch upon the important subject mentioned in your letters, which will on account of my absence be committed to a special committee.

I would only observe to you, that the resolution in my last shows the sense of Congress on the subject of money matters.

You will see by the annexed resolutions, that Congress have refused to accept Mr Laurens's resignation, and that they have made some alteration in your powers.

I send the papers, which contain the little news we have, and am, Sir,

ROBERT R. LIVINGSTON.

MR SECRETARY TOWNSHEND TO RICHARD OSWALD.

Whitehall, September 20th, 1782.

Sir,

I received, on Saturday last, your packets of the 10th and 11th of this month.

A meeting of the King's confidential servants was held as soon as possible, to consider the contents of them, and it was at once agreed to make the alteration in the commission proposed by Dr Franklin and Mr Jay. I trust that the readiness with which this proposal has been accepted, will be considered as an ample testimony of the openness and sincerity with which the government of this country is disposed to treat with the Americans.

The commission is passing with as much despatch as the forms of office will allow; but I thought it material that no delay should happen, in giving you notice of the determination of his Majesty's Council upon this subject. You will receive the commission very soon after this reaches you.

I am, with great regard, &c.

T. TOWNSHEND.

RICHARD OSWALD TO B. FRANKLIN.

Paris, September 24th, 1782.

Sir,

Having received, by a courier just now arrived, a letter from Mr Secretary Townshend, in answer to mine, which went by the messenger, despatched from hence on the 12th, I take this opportunity of Mr Whiteford to send you a copy of it. I hope he will bring good accounts of your health, which I sincerely wish, and am your Excellency's, &c.

RICHARD OSWALD.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, September 25th, 1782.

Sir,

I have the honor to send you my despatches for the Chevalier de la Luzerne. The packet is voluminous, but it contains many duplicates.

I should be glad if it were in my power to inform him, that our treaty is in as good progress as yours, but this is far from being the case. I cannot even foresee what will be the issue, for difficulties multiply. It will be well for you to forewarn the Congress to be prepared for whatever event may arise. I do not despair; I the rather hope; but as yet all is uncertainty.

I have the honor to be, Sir,

DE VERGENNES.

TO ROBERT R. LIVINGSTON.

Passy, September 26th, 1782.

Sir,

I have just received your No. 15, dated the 9th of August, which mentions your not having heard from me since March. I have, however, written sundry letters, viz. of April the 8th, and June the 12th, June the 25th and 29th, August the 12th, and September the 3d, and sent copies of the same, which I hope cannot all have miscarried.

The negotiations for peace have hitherto amounted to little more than mutual professions of sincere desires, &c., being obstructed by the want of due form in the English commissions appointing their plenipotentiaries. The objections made to those for treating with France, Spain and Holland were first removed, and by the enclosed[5] it seems that our objections to that for treating with us will now be removed also, so that we expect to begin in a few days our negotiations. But there are so many interests to be considered and settled, in a peace between five different nations, that it will be well not to flatter ourselves with a very speedy conclusion.

I mentioned, in a former letter, my having communicated to Count de Vergennes the state of American commerce, which you sent me, and my having urged its consideration, &c. Enclosed is a copy of a letter received from that Minister on the subject.

The copy of General Carleton's letter, and the bills of exchange, which you mentioned as enclosed, do not appear. I hope soon to have a better opportunity of writing, when I shall be fuller.

With great esteem, &c.

B. FRANKLIN.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, October 3d, 1782.

Sir,

I have the honor to return you the commission appointing Thomas Barclay consul of the United States, to reside in France, and I endorse the exequatur, which is requisite for the exercise of his functions. I must inform you, that the latter of these will require the Admiral's signature previously to its being registered, either by the Secretary of the Admiralty at L'Orient, where Mr Barclay intends to fix his residence, or by those of other ports of the kingdom, where commercial considerations may require his presence.

I have the honor to be, &c.

DE VERGENNES.

DAVID HARTLEY TO B. FRANKLIN.

Bath, October 4th, 1782.

My Dear Friend,

I only write one line to you, to let you know that I am not forgetful of you, or of our common concerns. I have not heard anything from the Ministry yet; I believe it is a kind of vacation with them, before the meeting of Parliament. I have told you of a proposition, which I have had some thoughts to make as a kind of copartnership in commerce. I send you a purposed temporary convention, which I have drawn up. You are to consider it only as one I recommend. The words underlined are grafted upon the proposition of my Memorial, dated May 19th, 1778. You will see the principle, which I have in my thoughts to extend for the purpose of restoring our ancient copartnership generally.

I cannot tell you what event things may take, but my thoughts are always employed in endeavoring to arrange that system upon which the China Vase, lately shattered, may be cemented together, upon principles of compact and connexion, instead of dependence.

I have met with a sentiment in this country which gives some alarm, viz. lest the unity of government in America should be uncertain, and the States reject the authority of Congress. Some passages in General Washington's letter have given weight to these doubts. I do not hear of any tendency to this opinion; that the American States will break to pieces, and then we may still conquer them. I believe all that folly is extinguished. But many serious and well disposed persons are alarmed, lest this should be the ill-fated moment for relaxing the powers of the union, and annihilating the cement of confederation, (vide Washington's letter,) and that Great Britain should thereby lose her best and wisest hope of being reconnected with the American States unitedly. I should for one think it the greatest misfortune. Pray give me some opinion upon this.

You see there is likewise another turn, which may be given to this sentiment by intemperate and disappointed people, who may indulge a passionate revenge for their own disappointments, by endeavoring to excite general distrust, discord, and disunion. I wish to be prepared and guarded at all points.

I beg my best compliments to your colleagues; be so good as to show this letter to them. I beg particularly my condolence (and I hope congratulation) to Mr Adams; I hear that he has been very dangerously ill, but that he is again recovered. I hope the latter part is true, and that we shall all survive to set our hands to some future compacts of common interest, and common affection, between our two countries.

Your ever affectionate,

D. HARTLEY.

TO ROBERT R. LIVINGSTON.

Passy, October 14th, 1782.

Sir,

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

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

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

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

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

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

With great esteem, &c.

B. FRANKLIN.

TO JOHN ADAMS.

Passy, October 15th, 1782.

Sir,

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

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

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

B. FRANKLIN.

FROM T. TOWNSHEND TO B. FRANKLIN.

Whitehall, October 23d, 1782.

Sir,

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

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

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

T. TOWNSHEND.

TO THOMAS TOWNSHEND.

Passy, November 4th, 1782.

Sir,

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

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

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

B. FRANKLIN.

TO ROBERT R. LIVINGSTON.

Passy, November 7th, 1782.

Sir,

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

I have the honor to be, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 9th, 1782.

Dear Sir,

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

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

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

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

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

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

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

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

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

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 21st, 1782.

Sir,

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

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

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

I am, Sir, &c.

ROBERT R. LIVINGSTON.

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

TO RICHARD OSWALD.

Passy, November 26th, 1782.

Sir,

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

"By the United States, in Congress assembled."

September 10th, 1782.

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

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

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

"State of Pennsylvania, in General Assembly."

Wednesday, September 18th, 1782.

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

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

Extract from the minutes.

Peter Z. Lloyd. Clerk of the General Assembly."

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

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

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

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

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

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

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

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

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

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

I have the honor to be, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 27th, 1782.

Sir,

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

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

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

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

I am, Sir, &c.

ROBERT R. LIVINGSTON.

TO COUNT DE VERGENNES.

Passy, November 29th, 1782.

Sir,

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

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

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, December 3d, 1782.

Sir,

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

I am, Sir, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON

Passy, December 4th, 1782.

Sir,

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

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

B. FRANKLIN.

TO ROBERT R. LIVINGSTON.

Passy, December 5th, 1782.

Sir,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5th. No Commissioner at Dunkirk.

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

Holland has yet hardly done anything in her negotiation.

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

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

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

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

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

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

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

With great esteem, &c.

B. FRANKLIN.

TO COUNT DE VERGENNES.

Passy, December 15th, 1782.

Sir,

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

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

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

B. FRANKLIN.

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, December 15th, 1782.

Sir,

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

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

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

DE VERGENNES.

TO COUNT DE VERGENNES.

Passy, December 17th, 1782.

Sir,

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

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

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

It is not possible for any one to be more sensible than I am, of what I and every American owe to the King, for the many and great benefits and favors he has bestowed upon us. All my letters to America are proofs of this; all tending to make the same impressions on the minds of my countrymen, that I felt in my own. And I believe, that no Prince was ever more beloved and respected by his own subjects, than the King is by the people of the United States. The English, I just now learn, flatter themselves they have already divided us. I hope this little misunderstanding will therefore be kept a secret, and that they will find themselves totally mistaken.

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

B. FRANKLIN.

TO ROBERT R. LIVINGSTON.

Passy, December 24th, 1782.

Sir,

Sundry circumstances occurring since mine of the 5th and 14th, have hitherto retarded the departure of our despatches. They will now go under the security of a British passport, be accompanied by a sum of money, and by some further intelligence from England, which shows the still unsettled state of minds there, and, together with the difficulties and small progress in the Dutch and Spanish negotiations, makes the speedy conclusion of peace still uncertain.

The Swedish Ambassador has exchanged full powers with me. I send a copy of his herewith. We have had some conferences on the proposed plan of our treaty, and he has despatched a courier for further instructions respecting some of the articles.

The Commissioners have joined in a letter to you, recommending the consideration of a proposal from Mr Bridgen, relating to copper coin. With this you have a copy of that proposal, and a sample of the copper. If it should be accepted, I conceive the weight and value of the pieces (charge of coinage deducted) should be such that they may be aliquot parts of a Spanish dollar. By the copy enclosed, of an old letter of mine to Mr Bridgen, you will see the ideas I had of the additional utility such a coinage might be of, in communicating instruction.[10]

December 25th. Enclosed is a copy of a letter just received from the Count de Vergennes, upon the present state of negotiation with England.[11]

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

B. FRANKLIN.

Powers of the Swedish Ambassador to treat.

Translation.

Gustavus, by the Grace of God, King of Sweden, of the Goths and Vandals, &c. &c. &c. Heir of Norway, Duke of Sleswick-Holstein, of Stormaria, and of Ditmarsen, Count of Oldenburgh and of Delmenhorst, &c. &c. makes known, that the United States of North America, viz. New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex, on the Delaware, Maryland, Virginia, North and South Carolina, and Georgia, having obtained the fruit of their courage and constancy, and their Independence being duly and solidly acknowledged and established; We, in consequence of our desire to concur with them in the establishment of certain fixed rules, by which a reciprocal and advantageous commerce may be carried on between Sweden and North America, which may be permanent between the two nations, have nominated, constituted, and appointed, and by these presents do nominate, constitute, and appoint our very dear and well beloved Count Gustavus Philip de Creutz, our Ambassador Extraordinary at the Court of France, Knight and Commander of our Orders, and we give him full powers to confer with whomsoever the United States shall have furnished with their powers in due form, to agree on, conclude, and sign such Treaty of Amity and Commerce between us and the said United States, as shall be reciprocally advantageous to our subjects, promising, on our word of a King, to agree to everything that our said Ambassador shall stipulate, promise, and sign in virtue of the present power, as likewise to make out the ratifications in proper form, and to deliver them to be exchanged at such time as shall be agreed on by the treaty so to do. In faith of which, we have signed these presents with our own hand, and have caused our royal seal to be thereunto affixed.

GUSTAVUS. COUNT ULR. SCHEFFER.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 2d, 1783.

Sir,

I was honored with your letters by the Danae. I congratulate you upon the promising state of our negotiations, since peace begins to be no less desirable here than elsewhere.

But I will not enter into that subject at present, as I mean to write very fully both to Mr Jay and you by Mr Jefferson, who will sail in company with this frigate in the Romulus, a ship of fortyfour guns. Lest, however, any accident should happen to prevent his arriving so soon as the Emerald, I enclose a resolution of Congress, which was suggested by the proposition you mention to have been made to Mr Oswald, on the subject of commerce. For my own part, I presume that it is already included in your propositions, but as we have yet been favored only with that short note of them, which has been transmitted by you, we can form no accurate judgment on the subject. You can hardly conceive the embarrassments that the want of more minute details subjects us to.

You will learn from the Count de Rochambeau, that the French army sailed the 24th ult. Perhaps it were to be wished that they had remained here, at least till New York and Charleston were evacuated, or rather till the peace. Congress have, however, given them a good word at parting, as you will see by the enclosed resolves. Not being consulted, they could interpose no objections to their departure, though they were not without many reasons for wishing to detain them.

Our finances are still in great distress. If the war continues, a foreign loan in addition to those already received will be essential. A plan for ascertaining what shall be called contingent expenses, is under the consideration of Congress, as well as the objections you have stated with respect to the mode of paying your salaries, which will, I believe, be altered. The allowance to Mr Franklin has been confirmed, and your moderation and his upon this point have done you both honor in the opinion of Congress.

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

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 6th, 1783.

Sir,

I have before me your letters of the 25th and 29th of June, 12th of August, 3d and 26th of September, and 14th of October last. Several matters contained in them have already been answered, and some others I am unable to reply to, till Congress have decided on such propositions as I have submitted to their consideration.

The convention relative to consuls has been objected to by Mr Barclay, on account of its prohibiting the consuls from trading. As the funds of Congress leave them no means of affording an adequate support to persons who are qualified, they fear, that the only inducement to accept the appointment will be taken away by this prohibition. Mr Barclay's letter on that subject is under consideration.

I see the force of your objections to soliciting the additional twelve millions, and I feel very sensibly the weight of our obligations to France, but every sentiment of this kind must give way to our necessities. It is not for the interest of our allies to lose the benefit of all they have done, by refusing to make a small addition to it, or at least to see the return that our commerce will make them suspended by new convulsions in this country. The army have chosen committees; a very respectable one is now with Congress. They demand with importunity their arrears of pay. The treasury is empty, and no adequate means of filling it presents itself. The people pant for peace; should contributions be exacted, as they have heretofore been, at the point of the sword, the consequences may be more dreadful than is at present apprehended. I do not pretend to justify the negligence of the States in not providing greater supplies. Some of them might do more than they have done; none of them all that is required. It is my duty to confide to you, that if the war is continued in this country, it must be in a great measure at the expense of France. If peace is made, a loan will be absolutely necessary to enable us to discharge the army, that will not easily separate without pay. I am sorry that neither Mr Jay nor you sent the propositions at large, as you have made them, since we differ in opinion about the construction to be put on your commercial article, as you will find by a resolution enclosed in my letter.

I wish the concession made of our trade may be on conditions of similar privileges on the part of Great Britain. You will see that without this precaution, every ally that we have, that is to be treated as the most favored nation, may be entitled to the same privileges, even though they do not purchase them by a reciprocal grant.

As to confiscated property, it is at present in such a state, that the restoration of it is impossible. English debts have not, that I know of, been forfeited, unless it be in one State, and I should be extremely sorry to see so little integrity in my countrymen, as to render the idea of withholding them a general one; however, it would be well to say nothing about them, if it can conveniently be done.

I am more and more convinced, that every means in your power must be used to secure the fisheries. They are essential to some States, and we cannot but hate the nation, that keeps us from using this common favor of Providence. It was one of the direct objects for carrying on the war. While I am upon this subject, I cannot but express my hope, that every means will be used to guard against any mistrusts or jealousies between you and France. The United States have shown their confidence in her by their instructions. She has repeatedly promised to procure for us all we ask, as far as it lies in her power. Let our conduct leave her without apology, if she acts otherwise, which I am far from suspecting.

With respect to the seamen you mention, I wish if any further order is necessary, than that which Mr Barclay already has, that you would give it so far as to enable him to state their accounts, and transmit them to Mr Morris. As the treaty with Holland is concluded, I hope you have made some progress in that with Sweden, a plan of which has been transmitted; another copy will go by Mr Jefferson.

I am glad to find you have some prospect of obtaining what is due on the Bon Homme Richard's prize money. That matter has been much spoken of, and occasioned some reflection, as it is alleged that M. Chaumont was imposed on the officers as their agent by the Court, and of course that they should be answerable for his conduct, which certainly has been very exceptionable.

Congress have come to no determination, as to the size or expense of the pillar they propose to erect at Yorktown. What I wished of you was to send me one or two plans, with estimates of the expense, in order to take their sense thereon.

As to the designs of Spain, they are pretty well known, and Mr Jay and Congress concur so exactly in sentiment with respect to them, that I hope we have now nothing to fear from that quarter.

Congress have it now under consideration to determine what should be allowed as contingent expenses. I believe house-rent will not be allowed as such. I mentioned in my last what respected your grandson, to which I have nothing to add. I agree with you in sentiment, that your salaries should not depend on the fluctuations of the exchange, and have submitted that part of your letter to Congress. I believe they will direct a stated sum to be paid. Waiting for this determination, I am prevented from drawing bills at this time. As to the money received from me, you will be pleased to replace with it the two quarters' salary you had drawn before it came to hand. You will have bills for a third quarter, which have been sent on some time since.